Sustainable Tourism Law

714 SUSTAINABLE TOURISM LAW In contrast, a more definitive restriction over damaging the lawful rights and interests of various stakeholders can be found in Article 14 of the CTL: “ During the tourism activities or settlement of disputes, tourists may not damage the lawful rights and interests of local residents, or interfere with others’ tourism activities, or damage the lawful rights and interests of tourism operators and tourism employees”. If what is being infringed are the lawful rights and interests of the travel agency or other tourists, then the tourist committing such an infringement will be liable to pay compensation in accordance with the law (Article 72, CTL). However, it raises a potential issue of conflicts of law – for example, if an injured tourist decides to litigate at the destination location (i.e. outside of mainland China), one asks whether Article 12 of CTL applies to a compensation-claim in a foreign jurisdiction? Even if it does, in accordance with the law of which jurisdiction will the compensation be determined? This goes far beyond the scope of this chapter. On a separate but related note, Article 66 of the CTL sets out the following breaching events which entitle a travel agency to terminate tourism service contracts 31 with the tourist: (1) the tourist suffers from a disease which may endanger the health and safety of other tourists; (2) the tourist carries articles endangering public security; (3) the tourist conducts activities in violation of law or social morality; (4) the tourist conducts activities which seriously affect the rights and interests of other tourists; or (5) other circumstances prescribed by law. If a travel agency elects to terminate the tourism service contract, the tourist is nonetheless entitled to a refund of all the money paid under the contract, after a deduction of the necessary fees (and expenses) incurred by the travel agent. The tourist shall be liable to compensate the travel agent for any losses caused by the aforesaid breaching events. Hong Kong Aside from loss, damage or injury caused by a foreign tourist to anyone located in Hong Kong which gives rise to a civil claim in tort or other causes of actions 32 , under the territorial principle, Hong Kong also exercises its criminal jurisdiction over criminal offences committed within its borders without distinction as to whether the offender is a local resident or tourist. 31 It is statutorily required to enter into such contract between travel agent and tourist under Article 57 of CTL. 32 “Civil” as opposed to “criminal”.