### Travel Industry Ordinance 《旅遊業條例》

104. Proceedings of inquiry committee
(1) An inquiry committee has the following powers when conducting an inquiry—
(a) power to take evidence on oath;
(b) power to summon a person to—
(i) attend the inquiry as a witness;
(ii) give evidence; and
(iii) provide any information or document in the person’s possession or under the person’s control that may be relevant to the inquiry;
(c) power to examine witnesses;
(d) power to receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not the material would be admissible in civil or criminal proceedings;
(e) power to determine the way in which any material mentioned in paragraph (d) is received;
(f) power to appoint a legal adviser to assist and advise the committee on any question of law as to evidence, procedure or any other matter in relation to the inquiry;
(g) power to award to a person the expenses that, in the committee’s opinion, the person has reasonably incurred because of the person’s compliance with a summons issued to the person under paragraph (b);
(h) power to make any order that may be necessary for or ancillary to the conduct of the inquiry or the carrying out of its functions.
(2) With the consent of the licensee and the complainant (if any), the inquiry committee may conduct the inquiry on the basis of written submissions only.
(3) After consulting the licensee and the complainant (if any), the inquiry committee may, on application by any of the parties to the inquiry, by order, give directions on who may be present.
(4) For the purposes of subsection (3), the inquiry committee must have regard to the views or private interests of the licensee and of the complainant (if any), including any claims as to privilege.
(5) A party to the inquiry—
(a) may, subject to any order made by the inquiry committee, be present at the inquiry; and
(b) may participate—
(i) in person;
(ii) through a legal representative; or
(iii) with the consent of the inquiry committee, through another person.
(6) For the purposes of subsection (5)(b)(i)—
(a) a company is to be regarded as participating in person if it participates through any of its directors; and
(b) a partnership is to be regarded as participating in person if it participates through any of its partners.

105. Summons
A summons issued to a person under section 104(1)(b) must—
(a) be in the specified form;
(b) be signed by the chairperson of the inquiry committee; and
(c) specify the requirements that the person must comply with.

### Travel Industry Ordinance 《旅遊業條例》

106. Prohibition on disclosure of inquiry matters
(1) An inquiry committee may, by order, prohibit or restrict the publication or disclosure by all or any of the persons present at the inquiry of—
(a) any evidence given at the inquiry; or
(b) any matter contained in any information or document provided or received in evidence at the inquiry.
(2) If a person fails to comply with an order made under subsection (1), the inquiry committee may make an order against the person imposing a financial penalty not exceeding $5,000.
(3) If the inquiry committee makes an order under subsection (2) against a person, it must, by notice in writing given to the person within 21 days beginning on the date on which the order is made—
(a) notify the person of the order; and
(b) give reasons for the order.
(4) An order made under subsection (2) takes effect on—
(a) the date of the notice given under subsection (3); or
(b) if a later date is specified in the notice, the later date.
(5) Subsection (4) applies even if—
(a) an appeal has been lodged under section 120(1)(i) against the order; or
(b) the period specified in section 120(2) has not expired.

### Travel Industry Ordinance 《旅遊業條例》

108. Offences relating to inquiries
(1) A person commits an offence if the person, without reasonable excuse, fails to comply with a summons issued to the person under section 104(1)(b).
(2) A person commits an offence if—
(a) the person, in connection with an inquiry under section 104, gives any evidence, 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 evidence, information or document is false or misleading in a material particular.
(3) 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.

109. Notices relating to order about authorized representative
(1) This section applies if an inquiry committee makes an order requiring the authorized representative of a licensed travel agent to cease to be the travel agent’s authorized representative.
(2) The inquiry committee must, in the notice given to the travel agent under section 107(6)(a), notify the travel agent that—
(a) the travel agent must, within 14 days after the date of the notice, or a longer period the Authority may permit, apply to the Authority for approval of another individual as the travel agent’s authorized representative; and
(b) if the travel agent fails to make the application within that period, or if the application is refused, the travel agent’s licence may be revoked or suspended.
(3) The inquiry committee must, within 21 days beginning on the date on which the order is made, by notice in writing given to an individual who is the travel agent’s authorized representative—
(a) notify the individual of the order;
(b) give reasons for the order; and
(c) notify the individual that—
(i) the individual will also not be suitable to be an authorized representative of any travel agent for the period specified in the notice; and
(ii) unless the ground for making the order no longer exists, an application for a travel agent licence, or the renewal of a travel agent licence, made during the specified period will be refused if the individual is proposed to be the applicant’s authorized representative.
(4) The period specified under subsection (3)(c)(i) must be reasonable in the circumstances.
(5) The travel agent must, within 14 days after the date of the notice given to the travel agent under section 107(6)(a), or a longer period the Authority may permit, apply to the Authority for approval of an individual as the travel agent’s authorized representative.