1989 Ed.]
Travel Agents
[CAP. 218
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(b) in the case of a bankruptcy, that after the payment of a final dividend the full amount for which the proof of debt was admitted by the trustee in bankruptcy under the Proof of Debts Rules (Cap. 6 sub. leg.) has not been paid.
*43. Entitlement to apply for ex gratia payment
(1) A client who has obtained a judgment against a person who was, when the cause of action resulting in the judgment arose, a licensee or who has lodged a proof of debt in respect of a licensee may apply for an ex gratia payment from the Reserve Fund.
(2) An application under subsection (1) shall be in the prescribed form.
(3) No applicant shall apply for payment under this section in respect of any loss or liability arising out of any payment made to a travel agent or any relationship of client and travel agent entered into before the commencement of this Ordinance.
*44. Payment from the fund
(1) Subject to subsection (2) where it appears to the Registrar that the judgment or the proof of debt referred to in the application is-
(a) in respect of a loss incurred in respect of any payment for travel services made by a client to a licensee; or
(b) in respect of a loss or (as the case may be) a liability incurred in consequence of a breach by a licensee of any of his obligations as a travel agent to his client; and
(c) in relation to a judgment, unsatisfied despite reasonable efforts by the applicant to enforce or pursue it; or
(d) in relation to a proof of debt, unsatisfied,
he may make an ex gratia payment to or on behalf of the applicant from the Reserve Fund of
(i) an amount equal to so much of the amount of that judgment (including interest on the damages, costs of the judgment and costs of any proceedings to enforce the judgment) or proof of debt as relates to the matters set out in paragraph (a) or (b) and remains unsatisfied; and
(ii) in the case of a proof of debt such amount by way of interest on the amount paid under paragraph (i) as he thinks fit:
Provided that no payment shall be made for interest in respect of the period of 12 months next following the presentation of the winding-up petition or the bankruptcy petition, or at a greater rate than is payable on a judgment under section 49 of the Supreme Court Ordinance (Cap. 4).
*To be repealed-see 70 of 1988 s. 15(1).
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Page 21
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CAP. 218]
1989 Ed.]
Travel Agents
[CAP. 218
19
(b) in the case of a bankruptcy, that after the payment of a final dividend the full amount for which the proof of debt was admitted by the trustee in bankruptcy under the Proof of Debts Rules (Cap. 6 sub. leg.) has not be paid.
*43. Entitlement to apply for ex gratia payment
(1) A client who has obtained a judgment against a person who was, when the cause of action resulting in the judgment arose, a licensee or who has lodged a proof of debt in respect of a licensee may apply for an ex gratia payment from the Reserve Fund.
(2) An application under subsection (1) shall be in the prescribed form.
(3) No applicant shall apply for payment under this section in respect of any loss or liability arising out of any payment made to a travel agent or any relationship of client and travel agent entered into before the commencement of this Ordinance.
*44. Payment from the fund
(1) Subject to subsection (2) where it appears to the Registrar that the judgment or the proof of debt referred to in the application is-
(a) in respect of a loss incurred in respect of any payment for travel
services made by a client to a licensee; or
(b) in respect of a loss or (as the case may be) a liability incurred in consequence of a breach by a licensee of any of his obligations as a travel agent to his client; and
(c) in relation to a judgment, unsatisfied despite reasonable efforts by
the applicant to enforce or pursue it; or
(d) in relation to a proof of debt, unsatisfied,
he may make an ex gratia payment to or on behalf of the applicant from the Reserve Fund of
(i) an amount equal to so much of the amount of that judgment (including interest on the damages, costs of the judgment and costs of any proceedings to enforce the judgment) or proof of debt as relates to the matters set out in paragraph (a) or (b) and remains unsatisfied; and
(ii) in the case of a proof of debt such amount by way of interest on
the amount paid under paragraph (i) as he thinks fit:
Provided that no payment shall be made for interest in respect of the period of 12 months next following the presentation of the winding-up petition or the bankruptcy petition, or at a greater rate than is payable on a judgment under section 49 of the Supreme Court Ordinance (Cap. 4).
*To be repealed-see 70 of 1988 s. 15(1).
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CAP. 218]
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