### Travel Industry Ordinance 《旅遊業條例》

29. Death or incapacity of authorized representative
If the authorized representative of a licensed travel agent dies or becomes incapable of acting, the travel agent must, within 14 days after the date on which the travel agent becomes aware of that fact, or a longer period the Authority may permit, apply to the Authority for approval of another individual as the travel agent’s authorized representative.

30. Change of authorized representative
If a licensed travel agent proposes, for any reason other than the death or incapacity of the travel agent’s authorized representative, another individual for approval as the travel agent’s authorized representative, the travel agent must apply to the Authority for the approval.

31. Application for approval of new authorized representative
(1) A licensed travel agent, in making an application under section 28(6), 29 or 30, must give notice in writing to the Authority, setting out—
(a) the particulars of the individual who is proposed to be the travel agent’s authorized representative (proposed individual

32. Registration fee for Mainland inbound tour group
(1) A licensed travel agent who carries on Mainland inbound tour group business must, for each Mainland inbound tour group for which the travel agent obtains services, pay a registration fee.
(2) The registration fee must be—
(a) calculated under the prescribed scale of fees; and
(b) paid to the Authority in the prescribed way.

33. Change of ownership or control—offence
(1) A licensed travel agent must not change, or permit a change of, the ownership or control of its business as a travel agent without the Authority’s prior approval in writing.
(2) A licensed travel agent who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3.

### Travel Industry Ordinance 《旅遊業條例》

34. Change of ownership or control—process
(1) A licensed travel agent who intends to change the ownership or control of its business as a travel agent must give notice in writing to the Authority.
(2) On receiving a notice given under subsection (1), the Authority must decide whether, having regard to the matters set out in section 18, the proposed owner or controller is suitable to hold a travel agent licence.
(3) If the Authority decides that the proposed owner or controller is suitable, it may approve the proposed change and may do one or more of the following when the change happens—
(a) amend or remove the existing conditions of the travel agent licence;
(b) impose new conditions on the travel agent licence.
(4) If the Authority decides that the proposed owner or controller is not suitable, it may refuse to approve the proposed change.
(5) If the Authority intends to refuse to approve the proposed change, it must, by notice in writing given to the travel agent—
(a) notify the travel agent of the intention; and
(b) give reasons for the intention.
(6) The travel agent may, within 7 days after the date of the notice given under subsection (5), or a longer period the Authority may permit, make representations in writing to the Authority as to why the Authority should not refuse to approve the proposed change.
(7) If the Authority decides not to approve the proposed change, it must, by notice in writing given to the travel agent within 21 days beginning on the date on which the decision is made—
(a) notify the travel agent of the decision; and
(b) give reasons for the decision.

35. Display of business permit etc.
(1) If a business permit has been issued to a licensed travel agent, the travel agent must display the permit at a conspicuous part of the local place of business specified in the permit.
(2) No person may display a business permit at a local place of business unless—
(a) the permit is valid;
(b) the permit is issued to the person; and
(c) the local place of business is specified in the permit.
(3) If a licensed travel agent carries on travel agent business by using a website or any other communication network, the travel agent must clearly state the number of the travel agent’s licence on the website or communication network.
(4) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 3.

36. Display of information about tour group
(1) If a licensed travel agent arranges a vehicle for transporting a tour group, it must display, in the prescribed way, the prescribed information about the tour group on the vehicle.
(2) A licensed travel agent who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1.

### Travel Industry Ordinance 《旅遊業條例》

37. Meaning of working as tourist guide
(1) In this section—
guiding service (導遊服務) means the service of providing information, description or explanation in relation to an itinerary or a place of interest in Hong Kong.
(2) A person works as a tourist guide if the person accompanies a visitor to Hong Kong for the purpose of providing any guiding service to the visitor in accordance with the directions of another person who is carrying on travel agent business (whether or not that other person is a licensed travel agent).

38. Meaning of working as tour escort
A person works as a tour escort if the person accompanies an outbound tour group on a journey for the purpose of taking care of the participants of the tour group during the journey in accordance with the directions of another person who is carrying on travel agent business (whether or not that other person is a licensed travel agent).

39. Prohibition on working without licence
(1) No person may, without a tourist guide licence, work as a tourist guide.
(2) No person may, without a tour escort licence, work as a tour escort.
(3) A licensed tourist guide must not work as a tourist guide otherwise than in accordance with the conditions imposed on the licence.
(4) A licensed tour escort must not work as a tour escort otherwise than in accordance with the conditions imposed on the licence.
(5) A person who contravenes this section commits an offence and is liable—
(a) on conviction on indictment to a fine at level 5 and to imprisonment for 1 year; or
(b) on summary conviction to a fine at level 2 and to imprisonment for 3 months.

40. Prohibition on employing or engaging person without licence
(1) A licensed travel agent must not—
(a) employ, or otherwise engage, a person as a tourist guide who is not a licensed tourist guide; or
(b) employ, or otherwise engage, a person as a tour escort who is not a licensed tour escort.
(2) A licensed travel agent who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5.

41. Application for tourist guide licence or tour escort licence
(1) If a person intends to work as a tourist guide, the person may apply for a tourist guide licence.
(2) If a person intends to work as a tour escort, the person may apply for a tour escort licence.
(3) An application for a tourist guide licence or tour escort licence—
(a) must be made to the Authority in the specified form;
(b) must state the correspondence address and electronic mail address of the applicant; and
(c) must be accompanied by—
(i) the prescribed fee; and
(ii) any document the Authority may require.