HONG KONG TOURIST ASSOCIATION ORDINANCE

HONG KONG TOURIST ASSOCIATION ORDINANCE

th
LAWS OF HONG KONG

HONG KONG TOURIST ASSOCIATION

ORDINANCE

CHAPTER 302

OF

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 302

HONG KONG TOURIST ASSOCIATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1...................................Short title 2
2..................................Interpretation 2

3..........................Establishment and constitution of Association ............. 3

4..............................Objects of Association 3
5............................Eligibility for membership 3

6.................................Application for and admission to membership 3

7............................Termination of membership 4
8..............................Officers and servants 4
9.....................Establishment and constitution of Board 4
9A.....................................(Spent) 6
10......Resignation of members and power of Governor to declare office vacant 7
11...........................Board to be a body corporate 7

12. Seal of the Board and authentication thereof, and instruments executed

thereunder .............................7
13.........Certain contracts and instruments not required to be under seal 7
14.....................Board to have management of Association 7
14A..................Restriction on future financial commitments 8
15...........Board to make recommendations to Governor on certain matters 8
16.............................General powers of Board 8
16A....................Governor in Council may give directions 9
17.......................Power of Board to appoint committees 9
17A.....................................Grants 9
17B...................................Estimates 10
18................................Accounts and audit 10
19.....................................Reports 11
20...........................Power of Board to make rules 11
21.............................Meetings of Association 11
22.................Proceedings at meetings of Association and Board 11
23.............................Validity of proceedings 12
24..............Prohibition of possession and use of badges or emblems 12
25.................Unauthorized use of the title of the Association 12
26...........................Power to amend the Schedule 13

Schedule. Facsimiles of badges of the Association 13





CHAPTER 302

HONG KONG TOURIST ASSOCIATION

To provide for the establishment and constitution of a tourist association and a
board of management, and for matters connected therewith.

[21 June 19571

Originally 29 of 1957 5 of 1958, 25 of 1959, 24 of 1960, 52 of 1965, 53 of 1970, 22 of 1972,
56 of 1974, L.N. 111 of 1975, 71 of 1979, 77 of 1982, L.N. 336 of 1983, R. Ed. 1983,58 of
1989

1. Short title

This Ordinance may be cited as the Hong Kong Tourist Association

Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires

'Association' means the Hong Kong Tourist Association established under section
3; (Amended 56 of 1974s. 3)

'Board' means the Board of Management established under section 9;

'financial year' means a period of 12 months beginning on 1 April;

-international carriage' means any carriage by sea or air where the place of departure
and the place of destination are situated in different countries;

'international passenger carrier' means any person carrying on a business
providing international carriage for passengers into and out of Hong Kong, and
includes the agent in Hong Kong of any such person; (Amended 77 of 1982 ss.
2 & 13)

'recognized travel agent' means a travel agent recognized by an international
passenger carrier as its agent;

',scheduled journeys' mean journeys which are undertaken between the same two
places and which together amount to a systematic service operated in such a
manner that the benefits thereof are available to members of the public from
time to time seeking to use them; (Added 77 of 1982 s. 2)

'tour operator' means any person carrying on a business in Hong Kong which
consists, wholly or in part, in organizing and conducting tours for or in
supplying guides to visitors to Hong Kong. (Added 77 of 1982 s. 2)

(2) For the purposes of this section, every colony, overseas territory or

protectorate shall be deemed to be a separate country.

(Amended 24 of 1960 s. 2)





3. Establishment and constitution of Association

(1) There shall be established an association to be known as the Hong Kong
Tourist Association (Amended56of 1974s. 4)

(2) The Association shall consist of travel industry and ordinary members
admitted to membership under section 6. (Replaced 77 of 1982 s. 3)

4. Objects of Association

The objects of the Association shall be

(a) to endeavour to increase the number of visitors to Hong Kong;

(b)to further the development of Hong Kong as a tourist destination;
(Amended 77 of 1982 s. 4)

(e) to promote the improvement of facilities for visitors;

(d)to secure overseas publicity for the tourist attractions of Hong Kong;

(e)to co-ordinate the activities of persons providing services for visitors
to Hong Kong;

(f)to make recommendations to and advise the Governor in relation to
any measures which may be taken to further any of the foregoing
matters.

(Amended 77 of 1982 s. 13)

5. Eligibility for membership

(1) Any body of persons incorporate or group of persons unincorporate, being

(a) an international passenger carrier;

(b) an hotel proprietor;

(c) a recognized travel agent; or

(d) a tour operator,

shall be eligible for admission to membership of the Association as a travel
industry member.

(2) Any body of persons incorporate or group of persons unincorporate, who
are

(a)interested in travel and tourist development, either commercially or
otherwise; and

(b) not eligible for membership under subsection (1), shall be eligible for
admission to membership of the Association as an ordinary member.

(Replaced 77 of 1982 s. 5)

6. Application for and admission to membership

(1) Every application for membership of the Association shall be made to

the Board.(Amended 5 of 1958 s. 4; 24 of 1960 s. 4)





(2) The Board shall consider all such applications and shall admit to
membership of the Association such of those persons who are eligible for
membership, as it thinks fit.

7. Termination of membership

The Board may, if it thinks fit, terminate, at any time, the membership of any
travel industry or ordinary member of the Association.

(Amended 5 of 1958 s. 5; 77 of
1982 s. 6)

8. Officers and servants

(1) The Association shall have an executive director and a deputy executive
director (hereinafter referred to as the Executive Director and Deputy Executive
Director respectively) and such other officers, servants and agents as the Board may
determine.

(2) The Executive Director, Deputy Executive Director and such other officers,
servants and agents shall be appointed by the Board, and the terms of any such
appointment, as to remuneration or otherwise, shall be such as the Board may
determine:

Provided that the appointment of the Executive Director and Deputy Executive
Director, and their remuneration and terms of appointment, shall be subject to the
approval of the Governor.

(Amended 71 of 1979 s. 2; 77 of
1982 s. 2)

9. Establishment and constitution of Board

(1) The Association shall have a Board of Management consisting of 11
persons of whom

(a)6 (called 'appointed members') shall be appointed by the Governor as
he thinks fit; and

(b)4 (called 'nominated travel industry members') shall be nominated by
the travel industry members of the Association and appointed by the
Governor; 1 by each of the following classes of members

(i) international passenger carriers;
(ii) hotel proprietors;
(iii) recognized travel agents;
(iv) tour operators; and

(c)1 (called 'nominated ordinary member') shall be nominated by the
ordinary members of the Association, and appointed by the Governor.

(2) Members of the Board shall hold office for such period not exceeding 3
years as the Governor shall stipulate.





(i) an individual;

(ii) except in the case of a person nominated by international
passenger carriers, accepted by the Board as being engaged in
the day to day activities of a member in the class which
nominated him; and

(iii) in the case of a person nominated by international passenger
carriers, accepted by the Board as being engaged in the day to
day activities of a member of that class which

(A) carries passengers by air on scheduled journeys; or
(B) carries passengers by sea.

(b)A person nominated as a nominated ordinary member shall be an
individual.

(c)When for any reason a vacancy occurs in the office of a nominated
travel industry member, the class of members by whom such member
was nominated may, within 1 month of the occurrence of such
vacancy, nominate another person for appointment as a nominated
travel industry member.

(d)When for any reason a vacancy occurs in the office of a nominated
ordinary member the ordinary members may, within 1 month of the
occurrence of such vacancy, nominate another person for
appointment as a nominated ordinary member.

(e)Where he thinks fit, the Governor may, after consultation with those
persons who are members of the Board, decline to appoint

(i) as a nominated travel industry member any person who has been
nominated under subsection (1)(b);

(ii) as a nominated ordinary member any person who has been
nominated under subsection (1)(c).

(f Where-
(i) within 1 month of the occurrence of any vacancy in the office of
a nominated travel industry member, the class of members by
whom such member was nominated for appointment has not
nominated another person for appointment as a nominated
travel industry member; or

(ii) the Governor declines to appoint as a nominated travel industry
member any person who has been nominated for such
appointment under subsection (1)(b) by any class of members,

those persons who are members of the Board at the expiry of such
month or at the time the Governor so declines to appoint a person as
a nominated travel industry member, as the case may





be, may nominate another person for appointment as a nominated
travel industry member; and such nomination shall be made and have
effect as if the nomination were made by that class of members.

(g) Where~--

(i) within 1 month of the occurrence of any vacancy in the office of
a nominated ordinary member, the ordinary members have not
nominated another person for appointment as a nominated
ordinary member; or

(ii)the Governor declines to appoint as a nominated ordinary
member any person who has been nominated for such
appointment under subsection (1)(c),

those persons who are members of the Board at the expiry of such
month or at the time the Governor so declines to appoint a person as
a nominated ordinary member, as the case may be, may nominate
another person for appointment as a nominated ordinary member; and
such nomination shall be made and have effect as if the nomination
were made by ordinary members.

(h)Every nomination under subsection (1) shall be made in accordance
with such procedure as the Board may prescribe.

(4) When for any reason a vacancy occurs in the office of an appointed member
of the Board, such vacancy shall be filled by appointment by the Governor.

(5) The Governor shall appoint a member of the Board as chairman thereof, and
may appoint another member of the Board to act as chairman thereof during the
temporary incapacity by illness or during the temporary absence from Hong Kong of
the chairman.

(6) The Governor may appoint any person to be temporarily a member of the
Board during the temporary incapacity by illness or during the temporary absence
from Hong Kong of any member of the Board, and

(a)where the member so incapacitated or absent is a nominated travel
industry member, the person appointed under the provisions of this
subsection shall be appointed as representing the class of members by
whom such member was nominated for appointment;

(b)where the member so incapacitated or absent is a nominated ordinary
member, the person appointed under the provisions of this subsection
shall be appointed as representing ordinary members.

(Replaced 77 of 1982 s. 8)

9A. (Spent)





10. Resignation of members and power of
Governor to declare office vacant
(1) A member of the Board may, at any time, by notice in writing
addressed to the Governor, resign his office as such.
(2) If the Governor is satisfied that a member of the Board-
(a) has become bankrupt or made an arrangement with his creditors;
(b) is incapacitated by physical or mental illness; or
(c)is otherwise unable or unfit to discharge the functions of a
member of the Board,
the Governor may declare his office as a member of the Board to be vacant, and
shall notify the fact in such manner as he thinks fit, and thereupon his office
shall become vacant.

11. Board to he a body corporate
The Board shall be a body corporate and shall have the name of the Hong
Kong Tourist Association Board and in that name shall have perpetual
succession and may sue and be sued.

12. Seal of the Board and authentication thereof,
and instruments executed thereunder
(1) The Board shall have a common seal, and the affixing of the seal shall
be authenticated by the signatures of-
(a)the chairman of the Board, or some other member thereof
authorized for that purpose by the Board either generally or
specially; and
(b)some other person authorized for that purpose by the Board,
either generally or specially.
(2) Any instrument purporting to be an instrument duly executed under
the seal of the Board shall be received in evidence and shall, unless the contrary
is proved, be deemed to be an instrument so executed.

13. Certain contracts and instruments
not required to he under seal
Any contract or instrument which, if entered into or executed by a person
not being a body corporate, would not be required to be under seal, may be
entered into or executed on behalf of the Board by any person generally or
specially authorized by the Board for that purpose.

14. Board to have management of Association
The Board shall have the management and control of the Association.





14A. Restriction on future financial commitments

The Board shall not without the Governor's approval in any financial year enter
into any contract if the expenditure under the contract together with all other
contracts previously entered into is likely to involve expenditure by the Board in any
subsequent financial year under any major head of expenditure specified by the
Board under section 17B of an amount or aggregate amount exceeding the amount in
the estimate of expenditure approved by the Governor under section 17B for the
same major head of expenditure for the financial year in which the contract is entered
into (and not transferred to any other major head by the Board) together with any
other sum transferred to that head by the Board during that financial year (other
than a sum transferred from any unallocated balance or surplus shown in the
estimates for that financial year).

(Added 58 of 1989 s. 2)

15. Board to make recommendations
to Governor on certain matters

It shall be a duty of the Board to make, within such period as the Governor in
Council may from time to time prescribe, recommendations to the Governor as to the
extent to which members of the Board may be elected by the members of the
Association and as to the desirability of increasing the classes of person eligible for
membership of the Association.

16. General powers of Board

The Board may, for the purposes of the Association,

(a)acquire, take on lease, purchase, hold, hire and enjoy any lands,
premises, messuages, tenements, and other property of any kind, and
dispose of the same;

(b)subject to the restrictions on future financial commitments set out in
section 14A, enter into any contract; (Amended 58 of 1989 s.3)

(c)engage in, assist and promote such activities as are conducive to the
better carrying out of the objects of the Association and the
convenience and enjoyment of Hong Kong as a holiday resort;
(Amended 77 of 1982 s. 13)

(d)delegate to the Executive Director. Deputy Executive Director or any
other officer or servant of the Association such of its powers and
duties as it may deem expedient for the efficient conduct and
management of the affairs of the Association: (Amended 71 of 1979 s. 3;
77 of 1982 s. 10)

Provided that no delegation made hereunder shall preclude the
Board from exercising or performing at any time any of the powers or
duties so delegated;





(da) with the approval of the Financial Secretary, invest moneys not
immediately required for the purposes of the Association; (Added 71
of 1979 s. 3)

(e)with the approval of the Financial Secretary and subject to such
conditions as he may determine, borrow or otherwise raise money on
such security as maybe necessary; (Added 53 of 1970 s.2)

(f)for the purpose of borrowing or otherwise raising money in
accordance with paragraph (e) charge all or any part of the property
of the Board; (Added53of 1970s.2)

(g)do all such things as are calculated to facilitate, or as are incidental or
conducive to, the discharge of the functions of the Board and the
better carrying out of the objects of the Association.

16A. Governor in Council may give directions

(1) The Governor in Council may, if he considers the public interest so requires,
give directions in writing to the Board with respect to the exercise of its powers and
the performance of its duties under this Ordinance, and the Board shall comply with
those directions.

(2) No such direction shall be inconsistent with any provision of this
Ordinance.

(Added 71 of 1979 s. 4)

17. Power of Board to appoint committees

(1) The Board may from time to time appoint such committees as it considers
necessary for securing the efficient discharge of its functions and may delegate to
any such committee any of its powers and duties:

Provided that no delegation made hereunder shall preclude the Board from
exercising or performing at any time any of the powers and duties so delegated.

(2) Any person may be appointed a member of any such committee
notwithstanding that he is not a member of the Board.

17A. Grants

Each financial year there shall be paid to the Board out of moneys provided by
the Legislative Council the sum the Governor approves for the purpose of assisting
the Association to carry out its objects and for the Board to exercise its functions.

(Added 58 of 1989 s. 4)





17B. Estimates

(1) Each financial year, before a date appointed by the Financial Secretary, the
Board shall forward to the Financial Secretary, for the approval of the Governor, a
programme of its proposed activities and estimates of its income and expenditure for
the next financial year.

(2) *

(3) Each major head of expenditure shall show clearly the distribution of all
moneys and shall contain the particulars and information that the Governor may
require.

(4) Where several matters are dealt with under one head, each matter shall be
itemised and be shown in a separate sub-head relating to similar items of
expenditure, and shall contain the particulars and information that the Governor may
require.

(5) The Board without the approval of the Governor may

(a)transfer from its unallocated balances or surpluses (if any) shown in
its estimates to any major head of expenditure or from any major head
or heads of expenditure to any other major head of expenditure an
amount or amounts in aggregate not exceeding 20% of the amount
approved for the major head to which the sum is or sums are
transferred; and

(b)transfer any amount or amounts without restriction, from any sub-
head to any other sub-head within the same major head of
expenditure.

(6) Except as permitted by subsection (5)(a), the Board shall not transfer any
amount to any major head of expenditure without the approval of the Governor.

(7) The Board may expend on any major head of expenditure or any sub-head
only the sums approved by the Governor (and not transferred to any other major
head or sub-head) and any sum transferred to it under subsection (5).

(8) Until subsection (2) comes into operation, the Board shall set out in its
estimates the source of all income and shall set out the distribution of expenditure
under the major heads approved by the Financial Secretary.

(Added 58 of 1989 s. 4)

18. Accounts and audit

(1) The Board shall keep proper accounts and proper records in relation thereto,
and shall prepare in respect of each financial year a statement thereof.

(2) The accounts shall be audited annually by an auditor appointed by the
Governor.

* To be added by 58 of 1989 s. 4 w.e.f. 1.6.1990-see L.N. 398 of
1989.





(3) As soon as possible after the accounts for any financial year have been
audited, a copy of the statement of accounts prepared in accordance with this
section, together with a copy of any report made by the auditor on that
statement or on the accounts, shall be laid on the table of the Legislative
Council.

19. Reports

(1) The Board shall, as soon as possible after the end of each financial
year, make to the Governor a report on its activities and on the activities of the
Association during that year.
(2) The Chief Secretary shall lay a copy of every such report on the table
of the Legislative Council.

20. Power of Board to make rules

The Board may, with the approval of the Governor in Council, by rules
prescribe or provide for-
(a)the manner of convening any meeting of the Board or the
Association;
(b)regulating the proceedings (including the quorum) at any meeting
of the Board or the Association;
(c)the form of application for membership of the Association and,
in respect of any such application from a travel agent, the
furnishing and form of a certificate from an international
passenger carrier of its recognition of the travel agent as its
agent;
(d) fees for membership of the Association;
(e)conditions and requirements of membership of the Association;
generally, for the exercise of its powers and duties under this
Ordinance.

21. Meetings of Association

The Board shall convene a general meeting of the Association annually,
and may convene such other meetings of the Association as it considers
necessary.

22. Proceedings at meetings of Association and Board

(1) The proceedings at any meeting of the Board, or of any committee
appointed by the Board, or of the Association shall be conducted in accordance
with the provisions of rules made under this Ordinance.





(2) Subject to the provisions of this Ordinance and of any such rules, the
proceedings at any such meeting shall be conducted in such manner as the Board
may determine.

23. Validity of proceedings

(1) The validity of any proceedings of the Board shall not be affected by any
defect in the appointment of any member thereof or by any vacancy amongst the
members thereof.

(2) The validity of any proceedings of the Association shall not be affected by
any defect in the admission of any person to membership of the Association.

24. Prohibition of possession and use of badges or emblems

(1) No person shall, except with the authority of the Association, use or have in
his possession

(a)any badge of the Association, which badges are portrayed in the
Schedule, or any copy or replica of such badge in any colour or size
whatsoever; or (Amended 77 of 1982 s.]])

(b) any badge, emblem or other device containing the words 'Hong
Kong Tourist Association' or the characters or
(Amended56of 1974s. 5)

(c)any badge, emblem or other device which so resembles any badge,
emblem or other device of the Association as to be capable of being
mistaken for such badge, emblem or other device.

(IA) The Association may impose such conditions as it thinks fit upon any
authorization given under subsection (1). (Added 77 of 1982 s.]])

(IB) If any person fails to comply with any conditions imposed under
subsection (IA) the Association may revoke or suspend the authorization or may
vary the conditions. (Added 77 of 1982 s.]])

(2) Any person who contravenes the provisions of this section shall be guilty
of an offence and shall be liable on summary conviction to a fine of $50,000. (Amended
77 of 1982 s.]])

(Replaced 52 of 1965 s. 2)

25. Unauthorized use of the title of the Association

(1) No person shall incorporate or form, or be a director, office bearer or
organizer of any company, body corporate, firm or organization which, without the
written consent of the Board





(a) purports or holds itself out to be-

(i) the Association or any branch or part thereof, or

(ii) connected or associated with the Association in any manner; or

(b)uses a title in any language which so resembles the title 'Hong Kong
Tourist Association' or as to deceive or mislead any person in
believing that the company, body corporate, firm or organization is

(i) the Association or any branch or part thereof, or

(ii) connected or associated with the Association in any manner.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $50,000. (Amended 77 of 1982 s.12)

(Added 56 of 19 74 s.
6)

26. Power to amend the Schedule

The Governor may by order published in the Gazette amend the Schedule.

(Added 56 of 19 74 s.
7)

SCHEDULE [s. 241





MEMBER

HONG KONG TOURIST
ASSOCIATION







doe







0



Travel Industry
Member

0



1 Ea v MS

(Replaced 52 of 1965 s. 2. Amended 22 of 1972 s . 2; 56 of 1974s. 8; L.N. 111 of 1975; L.N. 336
of
1983)

https://oelawhk.lib.hku.hk/items/show/3157

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