1989 Ed.]

Travel Agents

[CAP. 218

21

47. Publication of advertisements

(1) No person shall publish any advertisement referring to the provision of a travel service by any person required to be licensed under this Ordinance unless that advertisement relates to the provision of a travel service by a licensed travel agent and the licence number of that licensed travel agent is stated clearly in the advertisement.

(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $2,000.

(3) Where a person is charged with an offence under subsection (2) relating to an advertisement, it shall be a defence for such person to show that he carries on the business of publishing or arranging for the publication of advertisements, that he received the advertisement for publication in the ordinary course of business and that at the time he published the advertisement he believed upon reasonable grounds that the advertisement related to the provision of a travel service by a licensed person or an exempt person.

(4) In this section "publish" includes issue, circulate, display, distribute or broadcast.

48. Offences

(1) Any person who

(a) contravenes section 9;

(b) fails to comply with section 24; or

(c) makes any false or misleading statement or furnishes any false or misleading information in connection with-

(i) any application for the issue or renewal of a licence; or

(ii) any exemption under section 3; or

(iii) any request by the Registrar for information under this Ordinance,

commits an offence and is liable-

(A) on conviction upon indictment to a fine of $100,000 and to imprisonment for 2 years; or

(B) on summary conviction to a fine of $10,000 and to imprisonment for 6 months.

(2) Any licensee who contravenes section 14 or 16(1) commits an offence and is liable to a fine of $10,000.

(3) Where a person is charged with an offence under subsection (1)(a) it shall be a defence for such person to show that the operation or business alleged to have been carried on by such person was carried on only to the extent necessary to meet an obligation incurred before the date on which this section came into operation.

Share This Page