-
22 -
Travel agents' liability for compensation
Following is a question by the Hon Fred Li Wah-ming and a reply by the Secretary for Trade and Industry, Miss Denise Yue, in the Legislative Council today (Wednesday):
Question:
It has been reported that three Hong Kong tourists were killed and nine others injured in the white water rafting tragedy which occurred on New Year's Day in Bali, Indonesia. It has also been revealed that one of the travel agents who organised the tour had not taken out travel insurance policy for the members on the package tour, thus raising public, concern over travel agents' liability for compensation. As the existing legislation does not require travel agents to take out travel insurance policies for members on their package tours, will the Government inform this Council:
Reply:
(a)
(b)
(c)
(d)
Mr President,
which party should be held responsible if there is inadequate compensation cover against injury and death of tour members in the event of accidents occurring during the tour period;
of the number of registered travel agents in the territory at present; of these, how many have taken out travel insurance for members on their package tours, and what is the proportion of these agents to the total number of registered travel agents;
what is the Government's stance as to whether travel agents should be required to take out travel insurance for members on their package tours;
and
whether the Government will, in the long run, consider introducing legislation requiring all travel agents to take out travel insurance for members on their package tours; if not, why not?
Regarding part (a) of the question, it would be difficult to state categorically which party or parties should be held responsible if there is inadequate compensation cover against injury and death of tour members in the event of accidents occurring during the tour period. Clearly it would depend on the circumstances of individual But generally speaking, a travel agent might be liable if there is legally substantiated proof of negligence on its part in the course of discharging duty. Outbound travellers should also be responsible for looking after their own safety and, where appropriate, take out insurance cover to protect themselves.
cases.