### Travel Industry Ordinance 《旅遊業條例》

135. Privileges and immunities
(1) An appeal board, when hearing an appeal under this Part, has the same privileges and immunities as it would have if the appeal were a proceeding in a court.
(2) A party, legal representative, witness or any other person who appears before an appeal board at a hearing of an appeal under this Part has the same privileges and immunities as the person would have if the appeal were a proceeding in a court.

136. Advice by legal adviser
(1) A legal adviser appointed under section 127(1)(f) may be present at any hearing before an appeal board or deliberations of the board to advise the board.
(2) If the legal adviser advises the board on any question of law as to evidence, procedure or any other matter in relation to a hearing—
(a) the legal adviser must do so in the presence of every party to the appeal or person representing each party; or
(b) if the advice is given after the board has started to deliberate as to its decision, every party to the appeal or person representing each party must be informed of the advice.
(3) If the board does not accept the advice of the legal adviser on a question, every party to the appeal or person representing each party must be informed of that fact.

137. Regulations for Part 8
The Secretary may make regulations for one or more of the following purposes—
(a) to prescribe the procedures for the hearing of appeals under this Part;
(b) to provide generally for the better carrying out of the purposes of this Part.

### Travel Industry Ordinance 《旅遊業條例》

138. Interpretation of Part 9
(1) In this Part—
outbound fare (外遊費) means the amount of any payment paid in relation to an outbound package (whether the payment amounts to the whole or a part of the price of the package);
outbound package (外遊服務組合) means a combination of 2 or more of the services and arrangements described in the following paragraphs relating to the same tour—(a) a service concerning carriage, by any means of transport, on a journey that is to commence in Hong Kong and then take place mainly outside Hong Kong;
(b) a service concerning accommodation at a place outside Hong Kong;
(c) arrangements for an activity—
(i) that is not ancillary to a service mentioned in paragraph (a) or (b);
(ii) that is to take place outside Hong Kong; and
(iii) that, if included in the package, constitutes a substantial part of it;

outbound travel service (外遊旅行服務) means a service that is an outbound package—(a) provided or obtained by a licensed travel agent for the public; and
(b) constituted by services or arrangements decided in advance of being made available to the public;

outbound traveller (外遊旅客)—see subsection (2);
pre-existing fund (原有基金) means the fund established by section 32C of the repealed Ordinance as the Travel Industry Compensation Fund.
(2) For the purposes of this Part, a person is an outbound traveller if the person has paid an outbound fare to a licensed travel agent, or an outbound fare has been paid for the person to a licensed travel agent, in connection with or in anticipation of the travel agent obtaining for the person an outbound travel service.
(3) In this Part, a reference to a levy being payable or a requirement that a levy must be paid is to be construed as including the payment of the levy in advance.
(4) To avoid doubt, for the purposes of this Part, if an outbound fare is paid to a person who, at the time the payment is made, is a licensed travel agent, the payment is not to be regarded as not having been made only because of a subsequent revocation or suspension of the licence of that travel agent.

### Travel Industry Ordinance 《旅遊業條例》

139. Travel Industry Compensation Fund
(1) In this section—
*commencement date (生效日期) means the commencement date of this section.
(2) Despite the repeal of the repealed Ordinance, the pre-existing fund is to continue in existence in its original name “Travel Industry Compensation Fund”.
(3) The Compensation Fund consists of—
(a) the balance of the pre-existing fund, including any part of the fund that had been invested and income from the investment, immediately before the commencement date;
(b) money received on account of the Fund levy;
(c) income from any investment made under section 140; and
(d) any other money paid into the Compensation Fund.

Editorial Note:
* Commencement date: 1 September 2022.

140. Powers of Authority in relation to Compensation Fund
Without limiting the Authority’s general powers to hold, manage and apply the Compensation Fund, any money of the Compensation Fund that is not immediately required for the purposes of payments under sections 142 and 145 may be—
(a) deposited on fixed term or call deposit or in a savings account in a bank nominated by the Financial Secretary, whether generally or in a particular case, for the purpose; or
(b) invested in a way approved by the Financial Secretary.

141. Funds of Authority do not include Compensation Fund
(1) To avoid doubt, the funds of the Authority do not include the Compensation Fund.
(2) The Authority must ensure that—
(a) a separate account is opened at a bank located in Hong Kong for the purpose of maintaining the Compensation Fund;
(b) all money in the Compensation Fund is credited to that account; and
(c) all money so credited is kept in that account until applied in accordance with this Ordinance.

142. Ex gratia payments
The Authority may, on application, make ex gratia payments from the Compensation Fund to or in respect of outbound travellers in accordance with the regulations made under section 149.

### Travel Industry Ordinance 《旅遊業條例》

143. Authority’s rights of subrogation
(1) This section applies if—
(a) an outbound fare has been paid by or for an outbound traveller to a licensed travel agent; and
(b) the Authority, in relation to a loss suffered by the outbound traveller in respect of the outbound fare, makes an ex gratia payment from the Compensation Fund to or in respect of the outbound traveller.
(2) The Authority is subrogated, to the extent of the amount of the ex gratia payment, to all the rights and remedies of the outbound traveller by reason of the loss suffered by the outbound traveller.
(3) The rights of the outbound traveller and the Authority in a bankruptcy or winding up or by legal proceedings or otherwise to receive, in respect of the loss, any sum out of the assets of the travel agent, are to rank equally.
(4) All assets (whether in cash or otherwise) recovered by the Authority under this section become part of the Compensation Fund.

144. Offence relating to application for ex gratia payment
(1) A person commits an offence if—
(a) the person, in connection with an application for an ex gratia payment, makes any statement, or provides any information or document, that is false or misleading in a material particular; and
(b) the person knows that, or is reckless as to whether, the statement, information or document is false or misleading in a material particular.
(2) A person who commits an offence under this section is liable—
(a) on conviction on indictment to a fine at level 6 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 3 and to imprisonment for 6 months.

145. Other payments
(1) The Authority may also make from the Compensation Fund—
(a) payments regarding expenses incurred by the Authority in performing its functions in relation to the Compensation Fund, including—
(i) payment of fees as regards the collection of the Fund levy; and
(ii) payment of auditors’ fees and expenses incurred in examining the economy, efficiency and effectiveness with which the Authority applies the Compensation Fund; and
(b) payments for ex gratia payments that have been determined under the repealed Ordinance.
(2) The Authority may—
(a) set aside a certain percentage of the Compensation Fund as specified by the Secretary for supporting the continuous development of the travel industry; and
(b) control the funds so set aside.
(3) For the purposes of subsection (2), the Secretary may, by notice published in the Gazette, specify a percentage of the Compensation Fund as the maximum funds that the Authority may set aside to support the continuous development of the travel industry.

146. Authority levy
(1) A licensed travel agent is liable to pay to the Authority, in respect of every outbound fare received by the travel agent, a levy (Authority levy