Sustainable Tourism Law

718 SUSTAINABLE TOURISM LAW permits. The person in charge or any person directly involved may also be personally fined. Hong Kong Similarly, a licensing regime is in place under Parts 2 and 3 of the Travel Agents Ordinance (Chapter 218) (“TAO”). Notably, one has to be a member of one of the eight approved associations 59 before applying for a travel agent licence. The licence is to be issued by the Registrar of Travel Agents. All licensing-related criminal offences, including the liability of any controlling individual (such as a director), are provided under sections 48 and 49 of the TAO. The government of Hong Kong, through the appointment of a Registrar of Travel Agents, oversees all licensing matters; whereas most of the industry-related and other disciplinary matters are handled by the Travel Industry Council (“TIC”), a self-regulating body. Upon the grant of a licence to a travel agent, the travel agent is deemed a member of TIC 60 , and is bound by its Articles of Association, codes and directives. Contravention of the provisions of any codes or directives attracts sanctions from the TIC 61 . A demerit system is also in place which entitles the TIC to suspend or terminate the membership of a travel agent when the number of violations has exceeded the limit. Similarly, an outbound tour escorts (for outbound tours) and tourist guides (for inbound tours) accreditation system is maintained by the TIC, which requires all such escorts or guides appointed to accompany tour groups to hold a valid pass issued by the TIC. Violation of relevant rules and directives will attract penalties from the TIC in the form of suspension or revocation of their passes. One can see how the aforementioned statutory provisions in the CTL resemble the following provisions in relevant codes of conduct issued by the TOC: (i) travel agents are to ensure information provided to tourist is accurate and impartial, such that in making their choice of services an informed judgment can be made 62 ; (ii) travel agents are to inform tourists immediately upon alterations to travel arrangements for which bookings have already been accepted 63 ; 59 Schedule 1, Part 2 of TAO. 60 Section 11 (3) of TAO. 61 See e.g. Paragraph 5 (5) of General Code of Conduct for TIC Members. 62 Paragraph 3 (1) (b) of General Code of Conduct for TIC Members. 63 Paragraph 3 (3) of General Code of Conduct for TIC Members.