【法规名称】
【法规编号】 82167 什么是编号？
【正 文】
CAP 218F TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS)
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(Cap 218 section 32G(1)) [21 January 1994] L.N. 78 of 1994 (L.N. 472 of 1993) ___________________________________________________________________ Notes: 1. The operation of these Rules is affected by s. 7 of L.N. 128 of 1997, which section is reproduced as follows: "7. Transitional (1) Any application for an ex gratia payment in relation to a loss suffered before the commencement of the Amendment Rules in respect of an outbound fare shall be determined as if the Amendment Rules had not been made. (2) In this section "Amendment Rules" (修订规则) means the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) (Amendment) Rules 1997 (L.N. 129 of 1997) and the Travel Industry Compensation Fund (Procedure for Ex gratia Payments) (Amendment) Rules 1997 (L.N. 128 of 1997).". 2. L.N. 128 of 1997 and L.N. 129 of 1997 commenced operation on 4 April 1997. Cap 218F s 1 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 218F s 2 Interpretation In these Rules, unless the context otherwise requires- "accident" (意外) means an accident described in section 5A of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.); (L.N. 103 of 1996) "application" (申请、申请书) means an application for an ex gratia payment; (L.N. 128 of 1997) "judgment" (判决、判决书) means a judgment of a court in Hong Kong for the payment of a sum of money and includes an award made under the Small Claims Tribunal Ordinance (Cap 338); "loss" (损失) means a loss described in section 3 or 5A of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.); (L.N. 103 of 1996) "proof of debt" (债权证明表) means a proof of debt delivered or sent to- (a) in relation to the winding up of a licensed company under the Companies Ordinance (Cap 32), a liquidator; or (b) in relation to the bankruptcy of a travel agent to whom a licence has been issued, the Official Receiver or a trustee under the Proof of Debts Rules (Cap 6 sub. leg.);"relevant expenses" (有关开支) means the expenses described in section 5C of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.). (L.N. 103 of 1996) "simplified procedure" (简化程序) means the procedure for making an application for an ex gratia payment described in section 3A; (L.N. 128 of 1997) "specified amount" (指明款额) means the amount for the time being specified under section 4(2) of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.). (L.N. 128 of 1997) (Enacted 1993) Cap 218F s 3 Application for payment (1) An application may be made in respect of a loss by- (L.N. 128 of 1997) (a) the outbound traveller who has suffered the loss; (b) his personal representative; or (c) any person authorized by him in writing.(2) (Repealed L.N. 128 of 1997) (3) Subject to section 3A, an application shall be accompanied by- (L.N. 128 of 1997) (a) the original receipt for the relevant outbound fare stamped or franked to show the payment of the Fund levy in respect of such fare or a copy of such receipt which shall be- (i) certified to be a true copy to the satisfaction of the Board; or (ii) verified in such manner as the Board may require; and(b) (i) in the case where the loss suffered is in respect of an outbound fare, a sealed copy of a judgment in respect of the loss concerned or documents showing that a proof of debt has been lodged or is to be lodged; or (ii) in the case where the loss suffered is in respect of an accident- (A) the original document, if any, showing that the accident has been reported to the relevant authority of the country where the accident occurred; (B) the original receipts for the relevant expenses; and (C) the original receipts for any damages or compensation received, if any, in respect of the relevant expenses. (L.N. 103 of 1996)(4)-(5) (Repealed L.N. 128 of 1997) (Enacted 1993) Cap 218F s 3A Application in accordance with the simplified procedure (1) An application for an ex gratia payment not exceeding the specified amount may be made in respect of a loss by- (a) the outbound traveller who has suffered the loss; (b) any person authorized by him in writing; or (c) the parent or guardian of an outbound traveller who is a minor.(2) Subject to subsections (3) and (4), an application for an ex gratia payment not exceeding the specified amount shall be accompanied by- (a) the original receipt for the relevant outbound fare stamped or franked to show the payment of the Fund levy in respect of such fare or a copy of such receipt (which shall be certified to be a true copy to the satisfaction of the Board); (b) (i) the original receipt for the relevant outbound fare showing the payment of the outbound fare; (ii) verification of the payment of the outbound fare by an auditor appointed by the Board or by the person appointed under section 3B(1)(b); or |
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