### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

30. Partnerships and unincorporated bodies—liability of partners, members, etc.
(1) If—
(a) a partner in a partnership commits an offence under this Ordinance; and
(b) it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any other partner in the partnership or any other person concerned in the management of the partnership,
the other partner or the other person concerned in the management of the partnership also commits the offence.
(2) If—
(a) a member of an unincorporated body commits an offence under this Ordinance; and
(b) it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any other member or any manager, secretary or other similar officer of the unincorporated body,
the other member or the manager, secretary or other similar officer also commits the offence.

31. Liability of employers and principals
(1) An act done or omission made by an employee in the course of employment is to be treated for the purposes of this Ordinance as done or made by the employer, as well as by the employee.
(2) An act done or omission made by an agent of another person with the authority (whether express or implied and whether precedent or subsequent) of that other person is to be treated for the purposes of this Ordinance as done or made by that other person, as well as by the agent.
(3) In any proceedings for an offence under this Ordinance brought against a person in respect of an act or omission alleged to have been done or made by an employee or agent of the person, the person is liable to be convicted of and punished for the offence unless the person establishes the defence described in subsection (4).
(4) In any proceedings brought against a person as described in subsection (3), it is a defence for the person to establish that the person exercised all due diligence to prevent the employee or agent from—
(a) doing the act or making the omission; or
(b) doing an act or making an omission of that description in the course of the employee’s employment or the agent’s authority.
(5) A person is taken to have established a fact that needs to be established for a defence under subsection (4) if—
(a) there is sufficient evidence to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

32. Defence for employees
(1) It is a defence for an employee charged with an offence under this Ordinance for an act done or omission made by the employee to establish that—
(a) the act was done or the omission was made in the course of the employee’s employment and under an instruction given by the employer in the course of that employment; and
(b) the employee was not, at the relevant time, in a position to make or influence a decision regarding the instruction.
(2) An employee is taken to have established a fact that needs to be established for a defence under subsection (1) if—
(a) there is sufficient evidence to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

33. Immunity from civil liability
(1) A public officer is not civilly liable for an act done or omission made by the officer in good faith in performing or purportedly performing a function under this Ordinance.
(2) Subsection (1) does not affect the liability of the Government for the act or omission.

### Travel Industry Ordinance 《旅遊業條例》

1. Short title
(Amended E.R. 5 of 2022)(1) This Ordinance may be cited as the Travel Industry Ordinance.
(2) (Omitted as spent—E.R. 5 of 2022)

### Travel Industry Ordinance 《旅遊業條例》

3. Exemption
The Authority may, by notice published in the Gazette, exempt a person or class of persons from the operation of this Ordinance subject to any conditions or limitations specified in the notice.

### Travel Industry Ordinance 《旅遊業條例》

5. Meaning of carrying on Mainland inbound tour group business
A person carries on Mainland inbound tour group business if the person obtains any of the following services for a Mainland inbound tour group organized by a Mainland travel agent—
(a) a service providing sightseeing or visits to local places of interest;
(b) a service providing restaurant meals or other catered meals;
(c) a service providing shopping trips;
(d) a service providing local transport in connection with any of the services described in paragraphs (a), (b) and (c).

6. Prohibitions
(1) In this section—
approved Mainland travel agent (核准內地旅行代理商) means a Mainland travel agent that is approved to carry on the business of organizing Mainland inbound tour groups by a regulatory organization in the Mainland that regulates the travel industry of the Mainland.
(2) No person may, without a travel agent licence, carry on travel agent business.
(3) A licensed travel agent must not carry on travel agent business—
(a) at any local place of business in respect of which the travel agent does not have a business permit; or
(b) otherwise than in accordance with the conditions imposed on the travel agent licence concerned.
(4) A licensed travel agent must not obtain any of the services described in section 5(a), (b), (c) and (d) for a Mainland inbound tour group organized by a Mainland travel agent unless the Mainland travel agent is an approved Mainland travel agent.
(5) A person who contravenes subsection (2), (3) or (4) commits an offence and 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.
(6) It is a defence for a defendant charged with an offence against subsection (4) to establish that—
(a) all practicable steps were taken by the defendant to determine whether the Mainland travel agent was an approved Mainland travel agent; and
(b) it was reasonable for the defendant to determine that the Mainland travel agent was an approved Mainland travel agent.
(7) The defendant is taken to have established a matter that needs to be established for the defence if—
(a) there is sufficient evidence to raise an issue with respect to that matter; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.