### Travel Industry Ordinance 《旅遊業條例》

116. Advice by legal adviser
(1) A legal adviser appointed under section 104(1)(f) may be present at any inquiry before an inquiry committee or deliberations of the committee to advise the committee.
(2) If the legal adviser advises the inquiry committee on any question of law as to evidence, procedure or any other matter in relation to an inquiry—
(a) the legal adviser must do so in the presence of every party to the inquiry or person representing each party; or
(b) if the advice is given after the committee has started to deliberate as to its decision, every party to the inquiry or person representing each party must be informed of the advice.
(3) If the inquiry committee does not accept the advice of the legal adviser on a question, every party to the inquiry or person representing each party must be informed of that fact.

117. Appeal panel
(1) For hearing appeals under this Part, there is to be an appeal panel.
(2) The Secretary must appoint at least 18 individuals as members of the panel.
(3) The Secretary must not appoint to the panel—
(a) a public officer;
(b) a member of the Authority or disciplinary committee; or
(c) a member of a committee or working group of the Authority.
(4) The Secretary is to appoint one of the members of the panel as chairperson.
(5) In appointing the members of the panel, the Secretary must ensure that—
(a) the chairperson is a non-trade member; and
(b) at least half of the other members are non-trade members.
(6) Each member of the panel is to be appointed for a period of not more than 2 years, but is eligible for reappointment.

118. Resignation of members of appeal panel
(1) A member of the appeal panel may, at any time, resign from office by giving written notice of the resignation to the Secretary.
(2) The notice must be signed by the member.
(3) The notice takes effect on—
(a) the date on which the notice is received by the Secretary; or
(b) if a later date is specified in the notice, the later date.

119. Removal of members of appeal panel from office
(1) The Secretary may remove a member of the appeal panel from office if the Secretary considers that the removal is desirable for the panel to effectively perform its functions.
(2) If a member of the appeal panel is removed from office, the Secretary must give the member written notice informing the member of the removal.

### Travel Industry Ordinance 《旅遊業條例》

120. Appeals against decisions or orders
(1) A person aggrieved by any of the following matters may lodge an appeal against the matter—
(a) a decision not to issue or renew a licence or business permit;
(b) a decision to impose conditions on a licence or renewed licence;
(c) a decision to amend or remove the conditions imposed on a licence;
(d) a decision to revoke or suspend a licence or business permit;
(e) a decision or order to require an individual to cease to be an authorized representative of a licensed travel agent;
(f) a decision to refuse an application of a licensed travel agent made under section 28(6), 29, 30 or 109(5) for approval of an individual as the travel agent’s authorized representative;
(g) a decision to refuse to approve a licensed travel agent’s proposed change of the ownership or control of its business as a travel agent;
(h) an order made under section 98(2)(b) or 107(1) or (5) against a licensee;
(i) an order made under section 106(1).
(2) A person who wishes to appeal against a matter under subsection (1) must lodge a notice in writing with the Secretary within 28 days beginning on the date on which the notice of the matter is received, setting out the grounds of appeal.
(3) The chairperson of the appeal panel may in a particular case extend the period specified in subsection (2) if the chairperson considers it appropriate to do so.

121. Appointment of appeal board
(1) As soon as practicable after a notice of appeal has been lodged under section 120, the chairperson of the appeal panel must appoint from the panel an appeal board to hear the appeal.
(2) The appeal board is to consist of the following members—
(a) a chairperson;
(b) at least 2 ordinary members.
(3) In appointing the members of the board, the chairperson of the panel must ensure that—
(a) the chairperson of the board and at least half of the ordinary members are non-trade members;
(b) at least one of the ordinary members is a trade member; and
(c) the members do not have a disclosable interest in the matter appealed against.

122. General procedure for hearing
(1) Subject to this Division and the regulations made under section 137, the procedure for convening a hearing of an appeal board and for the conduct of the hearing is to be decided by the board.
(2) A hearing of an appeal board is to be presided over by the chairperson of the board.

### Travel Industry Ordinance 《旅遊業條例》

123. Quorum for hearing
(1) The quorum for a hearing of an appeal board is 3 members of the board or one half of the members of the board, whichever is the greater.
(2) For determining the quorum, if the number of members of the board is not an even number, the number is to be regarded as having been increased by 1.
(3) A hearing of the board may be conducted only if a majority of the members present are non-trade members.

124. Voting at hearing
(1) In the hearing of an appeal, every question before an appeal board is to be decided by a majority of votes of the members present and entitled to vote.
(2) Subject to subsection (3), each member of the board who is present at the hearing has 1 vote.
(3) If there is an equality of votes in respect of any question to be decided at the hearing, the chairperson of the board has a casting vote in addition to his or her original vote.

125. Parties to appeal
The parties to an appeal are the appellant and the Authority.

126. Date, time and place of hearing
The chairperson of an appeal board must—
(a) fix the date, time and place for the hearing of the appeal so that the hearing may commence as soon as practicable; and
(b) serve on the parties to the appeal a notice of the date, time and place of the hearing.