Legislative Council

LC Paper No. LS 86/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 8 January 1999

Legal Service Division Report on
Subsidiary Legislation Gazetted on 24 December 1998


Date of Tabling in LegCo :6 January 1999
Amendment to be made by :3 February 1999 (or 10 February 1999 if extended
by resolution)


Travel Agents Ordinance (Cap. 218)
Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) (Amendment) Rules 1998 (L.N. 394)


These Rules amend the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap. 218 sub. leg.) and the Travel Industry Compensation Fund (Procedure for Ex gratia Payments) Rules (Cap. 218 sub. leg.) to:-

  1. allow an overseas relative or a former spouse of an outbound traveller injured or killed in accidents whilst touring abroad to be granted an ex gratia payment for a purpose connected with the traveller's death or injury;

  2. define more clearly the definition of "relative"; and

  3. amend the application forms for use in claiming the ex gratia payments consequent to the above amendments.


Members may refer to the LegCo Brief (Ref: L/M(25) to TAR 2/2091/78 IV) dated 21 December 1998 issued by the Trade and Industry Bureau for background information. According to the LegCo Brief, the Advisory Committee on Travel Agents, which consists, among others, representatives from the Travel Industry Council of Hong Kong and the Consumer Council, has been consulted and is supportive of the proposed amendments.

We have raised queries with the Administration on certain technical points. We are told that the Secretary for Trade and Industry will suggest to the Travel Industry Compensation Fund Management Board to make further consequential amendments to the forms by the end of January 1999. Such amendments will facilitate an overseas relative or a former spouse of a deceased outbound traveller to apply for ex gratia payment to cover expenses reasonably incurred in visiting Hong Kong for a purpose connected with the travellers' death. A further report will be made, if necessary.

Employees Retraining Board Ordinance (Cap. 423)
Employees Retraining Ordinance (Amendment of Schedule 2) (No. 2) Notice 1998 (L.N. 395)


This Notice adds two organizations, namely, the Neighourhood & Worker's Service Centre and The Young Men's Christian Association of Hong Kong, to the list of training bodies capable of providing or conducting retraining courses for the purpose of the Employees Retraining Ordinance (Cap. 423).


Prepared by

Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
4 January 1999