i
TRAVEL AGENTS (AMENDMENT) BILL 1988
2. Clause 2 amends section 2 of the Ordinance by specifying several travel industry bodies. The principal travel body overseeing the self- regulation of the industry is the "Travel Industry Council of Hong Kong" which is the "approved organization" specified in Part I of the new Schedule. Definitions of "applicant" and "qualified" are also added and the definition of the statutory "Reserve Fund" is repealed.
3. Clause 4 amends section 11 of the Ordinance so that the Registrar of Travel Agents will only grant a licence to a travel agent if that agent is a member of an "approved organization", i.e. the Travel Industry Council of Hong Kong. This statutory condition of membership of an "approved organization" will be a prerequisite of the grant of a licence and such condition will be endorsed on the licence itself. A member of one of the listed travel agent associations specified in Part II of the new Schedule (known as "association members") will be deemed to be a member of an "approved organization". The statutory condition will apply to both grants of new licences and renewals of existing licences renewed after the provision becomes effective. The condition will not be applied to current licences until such time as they come up for renewal so as not to prejudice existing licensees.
4. Clause 5 adds a new section 11A to the Ordinance so that in the event of an "approved organization" refusing membership to a member of an "association member" (or revoking or suspending the membership of such a person) the Registrar is empowered (subject to safeguards) to direct that approved organization to accept that person's application for member- ship or to reinstate his membership. The constitution of the Travel Industry Council of Hong Kong provides for these eventualities.
5. Clause 6(b) amends section 12 of the Ordinance to require the Registrar to refuse to grant a licence should the applicant be in breach of, or be unable to comply with, the statutory condition of membership of the "approved organization".
6. Similarly, clause 11 amends section 19 of the Ordinance to require the Registrar to revoke a licence should the licensee be in breach of, or be unable to comply with, the statutory condition of membership of the "approved organization".
7.
1.
Clause 15 repeals sections 33 to 44 of the Ordinance. These sections deal with the statutory Reserve Fund and this fund is to be replaced by a non-statutory compensation fund managed by the travel industry itself. 8. Clause 16 adds a new section 53 to the principal Ordinance which empowers the Financial Secretary to amend the names of the travel bodies listed in the new Schedule.
9.
Clause 17 repeals the old Schedule (which relates to the Reserve Fund) and adds a new Schedule listing the names of the various travel bodies. 10. Clauses 3, 6(a), 7, 8, 9, 10, 12, 13 and 14 make consequential amendments to the Ordinance.
11.
Clause 18 is a transitional provision to preserve existing claims made under the repealed sections of the Ordinance relating to the Reserve Fund.
12. The Bill has no significant Public Service staffing or public expenditure implications.
7
расим
Page 150Page 151
No comments yet.
Private notes are available after approval.