Sustainable Tourism Law

LAW ON TOURISM IN CHINA – MAINLAND CHINA AND HONG KONG 713 of the CTL that is absent from the tourism laws of Taiwan, Hong Kong and Macao – the CTL expressly imposes duties on tourists from mainland China, i.e. her own tourists, both when they are within the territory, and when abroad (including when in other zones of Greater China). This seems to be a legislative response to the ever-increasing number of allegations made against tourists from mainlandChina regarding their supposed uncivilised behaviour and impoliteness. In other words, any tourists (local or foreign) within the territory of mainland China, and tourists from mainland China when they are travelling abroad, are all bound by the CTL, and its Article 13 states: “During tourism activities, tourists shall comply with social public order and social morality, respect local customs, cultural traditions and religious beliefs, take good care of tourism resources, protect the ecological environment, and abide by the norms of tourist civilized conduct”. Although one can see how it attempts to set standards with which tourists should comply, it is highly doubtful as to how some of these concepts can be precisely defined. Not to mention, there are numerous cultural differences between the east and west, or just across the border of Hong Kong. Literally speaking, it throws into serious question whether (and how) the state and local governments will enforce this provision, except when the tourist’s conduct which is allegedly in violation also amounts to committing a criminal offence (Article 110, CTL). For tourists from mainland China, Article 13 of the CTL must be read together with two sets of non-binding rules issued by the CTNA, titled respectively Tourism Etiquette Rules for Chinese Citizens Traveling at Home 27 and Tourism Etiquette Rules for Chinese Citizens Traveling Abroad 28 . They have been given some higher (legal) status in paragraph 6 of Opinions of the State Council on Accelerating the Development of Tourism Industry in 2009 29 . Conducts such as spitting, littering, indoor smoking, smearing on cultural relics, climbing artifacts, or sneezing in public are not encouraged. Any violation may be faced with administrative sanctions under the Public Security Administration Punishments Law 30 . 27 中國公民國內旅遊文明行為公約 (Chinese), October 2, 2006. 28 中國公民出境旅遊文明行為指南 (Chinese), October 2, 2006. 29 國務院關於加快發旅遊業的意見 (Chinese) Nr. 41 [2009] by the State Council, January 12, 2009. 30 In full, Public Security Administration Punishments Law of the People’s Republic of China (2012 Amendment) (English) 中華人民共和國治安管理處罰法 (2012 修正 ) adopted at the 17 th Session of the Standing Committee of the 10th National People’s Congress on August 28, 2005; amended in accordance with the Decision on Amending the Public Security Administration Punishments Law of the People’s Republic of China as adopted at the 29 th Session of the Standing Committee of the Eleventh National People’s Congress on October 26, 2012, Order Nr. 67 [2012] of the President of the PRC.