Sustainable Tourism Law

LAW ON TOURISM IN CHINA – MAINLAND CHINA AND HONG KONG 711 More detailed requirements as to what a tour operator should do can be found in a set of binding measures issued by the now-abolished China National Tourism Administration (“CNTA”) 18 , a subordinate administrative agency directly under the State Council 19 , namely, the Measures for the Administration of Tourism Safety 20 . It repealed earlier interim measures in place since 1990. It places primary responsibility on tour operators to ensure tourists’ safety (Article 4), detailing what they must do prophylactically (Articles 6 to 13) and after emergencies occur (Articles 14 to 15). Notably, the tour operator and its on-site staff member have a duty to “take reasonable and necessary measures to rescue the injured tourists…and prevent the expansion of the damage”. Hong Kong In contrast, everything travel agencies, tour operators and other service providers are required to undertake in protecting tourists’ interest and property stem largely from the common law tortious duty of care owed towards the tourist (to various extents depending on the factual circumstances), ordinary duty as an occupier of a premises in which tourism activities are conducted under section 3 of the Occupiers’ Liability Ordinance 21 , and/or any other contractual duties express or implied in the relevant travel contract. In Wong Mee Wan (Administratrix of the Estate of Ho Shui Yee, Deceased ) v Kwan Kin Travel Services Ltd 22 , the Deceased, a Hong Kong resident, purchased a package tour to Pak Tang Lake in mainland China, arranged by the 1 st defendant, a Hong Kong travel agency. Because of a delay during the tour, the coach and ferry which would have had taken them to the lake had already left the pier. The tour guide (employed by the 2 nd defendant, the local receiving agency) told the Deceased and other tourists that they had to cross the lake in a speedboat. Due to negligence of the driver (employee of the 3 rd defendant), all passengers were thrown into the water and the Deceased drowned. 18 中華人民共和國國家旅遊局 (Chinese). It has been abolished under the State Council Institutional Reform Proposal as adopted and approved at the 1 st Session of the Thirteenth National People’s Congress held in March 2018. A new constituent department of the State Council, namely the Ministry of Culture and Tourism of the PRC, shall be set up and oversee all tourism-related matters. 19 中華人民共和國國務院 (Chinese), the chief administrative authority of the PRC. 20 旅遊安全管理辦法 (Chinese) Nr. 14 [2016] of the CNTA, September 27, 2016. 21 Chapter 314, Laws of Hong Kong. 22 [1996] 1 WLR 38. A decision by the Privy Council of the United Kingdom on appeal from the Hong Kong Court of Appeal, before the return of sovereignty of Hong Kong. See also, e.g. Chea KamWing v Kwan Kin Travel Services Ltd [2007] 1 HKLRD 937.