Sustainable Tourism Law

LAW ON TOURISM IN CHINA – MAINLAND CHINA AND HONG KONG 715 There are numerous examples of tourists being the offender. Theft 33 , for example, contrary to section 9 of the Theft Ordinance (Chapter 210), is commonplace. Whereas when tourists are victims of any offence, or when the offence is committed in tourism spots, this is recognised as an aggravating factor to be taken into account in criminal sentencing 34 . For example, in HKSAR v Cheung Kwai Sang 35 a female Australian tourist was being indecently assaulted in a health centre she visited for a massage; and in HKSAR v NgWai Hing 36 , a tourist guide from mainland China was burgled in his hotel room. The courts expressed concerns over damage to the image of Hong Kong in the international community. Unlike the CTL, there are no specific statutory provisions placing limits on the conducts of Hong Kong tourists when abroad . Additionally, concepts such as social public order, social morality, local customs, cultural traditions and norms of civilized conduct did not make their way into any laws of Hong Kong 37 . Whether or not a travel agency is entitled to terminate a travel contract with the tourist at any time during the tour, and how would the tourist fees already paid be disposed of, depend largely on the terms specific to the travel service contract in question. I.3. Travel agencies and operators: obligations and prohibitory conduct Mainland China The first half of Chapter IV of the CTL regulates the duties and obligations of travel agencies, their employees, tour leaders or guides and other operators providing tourism services. The corresponding penalties are set out in Chapter VII. As with most jurisdictions throughout the world, there is a licensing system where travel agencies shall, by fulfilling a set of conditions, obtain a permit from the administrative department of tourism 38 , before provision of any tourism services can take place 39 . Detailed establishment requirements are set 33 See e.g. HKSAR v Lau Siwei (unreported) HCMA 1190/2005, 12 April 2006, [2006] HKEC 739 English Judgment and HKSAR v Ganbold Munkh Erdene and another [2015] 1 HKLRD 999. 34 [2002] HKLRD (Yrbk) 353. 35 Ibid. 36 (unreported) CACC 621/2002, 29 April 2003. 37 One obvious reason being, as aforementioned, these phrases are too conceptual to be defined with precision. Any such legislative provision will be amendable to judicial review and challenged as being unconstitutional for want of legal certainty. 38 Now the Ministry of Culture and Tourism of the PRC overlooking supervision and administration across mainland China, with delegations to travel or other administrative agencies under local people’s governments. 39 Article 28 of CTL.