Sustainable Tourism Law

LAW ON TOURISM IN CHINA – MAINLAND CHINA AND HONG KONG 725 Ordinance 101 . The effect is quite similar to that of the CTL, but a wide discretion is given to court to establish what is fair and just at the circumstances 102 . Unless an apportionment of the paid fees has been specifically provided for and in a manner contrary to that of the said provisions 103 , in the context of a travel contract, all tourist fees already paid are recoverable by the tourist and all those remain unpaid shall cease to be payable, except the travel agent (and/or other parties who may have contracted with the tourist, whether or not through the travel agent as an agent in law) is entitled to retain or recover any part of the sums paid or payable for the sake of recovering expenses already incurred for the performance of the contract 104 . The tourist may, if he/she has not paid in full for all the travel services purchased, be required to pay for a sum representing the benefit enjoyed during the tour, taking into account the expenses incurred by the travel agent, operator and/or other service providers 105 . II. SUSTAINABLE TOURISM This section explores how the concept, objectives and rules in developing sustainable tourism have woven their way into the parliamentary and topmost governmental-policy levels of each zone, with some examples of statutory or policy implementations. Mainland China Instead of a short preamble, Chapter I of the CTL sets out, at some length, a list of visionary and meticulous legislative objectives. The focus, plainly, is on cultivating tourist attractions and protecting the rights of tourists. One can also see how it reflects and complies with, above all, Articles 3 to 5 of GCET. To begin with, in the broadest terms, it is enacted for the purpose of, inter alia, “…protecting the lawful rights and interest of tourists…regulating the order of tourism market, protecting and making rational use of tourism resources, and promoting the sustainable and sound development of the tourist industry” (Article 1). 101 (Chapter 23) Laws of Hong Kong (“LARCO”). 102 Sections 16 (4) – (6) of LARCO. 103 Section 17 (3) of LARCO. 104 Section 16 (2) of LARCO. 105 Section 16 (3) of LARCO.