1964_TRAVEL_AGENTS_ORDINANCE — Page 10

1989 Ed.]

Travel Agents

[CAP. 218

9

(ii) any person in Hong Kong responsible or proposed to be responsible for the management of the business of the travel agent or any part thereof is not a fit and proper person to be associated with the business of a travel agent; or

(iii) the premises to which the application relates or the situation thereof are not suitable for the operation of the business of a travel agent; or

(b) in the case of an applicant who is a body corporate that

(i) the applicant is not a fit and proper person to carry on business as a travel agent;

(ii) any controller of such body corporate is not a fit and proper person to be associated with the business of a travel agent;

(iii) any director or secretary or officer thereof in Hong Kong, is not a fit and proper person to be associated with the business of a travel agent; or

(iv) the premises to which the application relates or the situation thereof are not suitable for the carrying on of the business of a travel agent.

(2) For the purposes of determining whether a person is a fit and proper person under subsection (1), the Registrar shall have regard to the question of whether that person-

(a) has been convicted, whether in Hong Kong or elsewhere, of an offence the conviction for which necessarily involved a finding that he acted fraudulently, corruptly or dishonestly;

(b) has been convicted of an offence against any provision of this Ordinance;

(c) in the case of an individual is an undischarged bankrupt, has entered into a composition or scheme of arrangement with his creditors or has made an assignment of his estate for the benefit of his creditors;

(d) in the case of a body corporate is in liquidation or the subject of a winding up order, a receiver or manager of its property has been appointed, has entered into a composition or scheme of arrangement with its creditors or has made an assignment of its estate for the benefit of its creditors; or

(e) is otherwise not a fit and proper person.

(3) The Registrar shall not refuse to grant a licence to an applicant under subsection (1) or (5) without first giving the applicant an opportunity of being heard. (Amended 70 of 1988 s. 6)

(4) Where the Registrar refuses to grant a licence to an applicant under subsection (1) on the ground (or, if more than one, on grounds which include the ground) that, in his opinion, any person as mentioned in subsection (1) is not a fit and proper person, the Registrar shall notify the applicant in writing of

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