【法规名称】
【法规编号】 82167 什么是编号？
【正 文】
第2页 CAP 218F TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS)
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[接上页] (iii) such other documentary evidence of payment of the outbound fare as the Board considers acceptable; and(c) a statutory declaration stating that payment of the outbound fare has been made.(3) Where an application is made in respect of an outbound traveller who is a minor at the time of making the application, subsection (2)(c) does not apply. (4) The Board may make an ex gratia payment on an application made pursuant to subsection (2), notwithstanding that any requirement in that subsection is not complied with, if it is satisfied that the Fund levy has been paid in respect of the outbound fare in relation to which the application is made. (5) An application may be made by or on behalf of an outbound traveller in accordance with the simplified procedure in a case where the amount of the ex gratia payment payable under section 4(1) of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.) exceeds the specified amount, by limiting the claim for the ex gratia payment to the specified amount, and where such an application is made, the Board may, notwithstanding that section, make an ex gratia payment of an amount less than that payable under that section. (6) Subject to subsection (7), a loss the subject of an application to which subsections (2) and (5) apply may not subsequently be the subject of an application to which section 3(3) applies and, accordingly, any application made in contravention of this subsection shall be of no effect. (7) Notwithstanding anything in these Rules or the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.), where an application is made for the payment of an ex gratia payment not exceeding the specified amount, the Board may, in its absolute discretion, determine that the application should be made in accordance with section 3(3) and not in accordance with the simplified procedure. (L.N. 128 of 1997) Cap 218F s 3B Procedure for application (1) An application shall- (a) subject to subsection (2), be made not later than 24 months beginning on the date the loss concerned occurred; (b) be addressed to and lodged with the Secretary of the Board or such other person as may be appointed by the Board for the purpose of this subsection; and (c) be in the appropriate form specified for the purpose in the Schedule.(2) The Board may, in any case where it considers it appropriate to do so, extend the period specified in subsection (1)(a). (L.N. 128 of 1997) Cap 218F s 4 Procedure for application on behalf of another (1) Where an application other than in accordance with the simplified procedure is made under section 3(1)(c), it shall be accompanied by a statutory declaration to the effect that the application is made on behalf of the outbound traveller who has suffered the relevant loss and that the outbound traveller has agreed to the application being so made on his behalf. (L.N. 128 of 1997) (2) Where an application in accordance with the simplified procedure is made under section 3A(1)(b), it shall be accompanied by- (a) the authorization referred to in that section; and (b) a statutory declaration to the effect that the application is made on behalf of the outbound traveller who has suffered the relevant loss and that the outbound traveller has agreed to the application being so made on his behalf. (L.N. 128 of 1997)(3) Where an application in accordance with the simplified procedure is made under section 3A(1)(c), it shall be accompanied by- (a) a copy of- (i) the identity card (within the meaning of the Registration of Persons Ordinance (Cap 177)); or (ii) a travel document (within the meaning of the Immigration Ordinance (Cap 115)), of the parent or guardian;(b) a copy of the birth certificate of the minor or any other documentary evidence proving to the satisfaction of the Board the relationship between the minor and the applicant; and (c) a statutory declaration to the effect that the application is made on behalf of the outbound traveller who has suffered the relevant loss. (L.N. 128 of 1997) (Enacted 1993) Cap 218F s 5 Period for making payment Where the Board decides to make an ex gratia payment it- (a) shall, so far as it is practicable, subject to paragraph (b), make the payment within 90 days of the relevant application being made; and (b) may, where it considers it appropriate, make such payment in instalments. (Enacted 1993) Cap 218F s 6 Transitional Where Form A or B of the Schedule is being used in respect of a loss suffered before 20 December 1996, references to 80% must be substituted for the references to 90% in those Forms. (L.N. 544 of 1996) Cap 218F SCHEDULE [section 3] FORM A TRAVEL AGENTS ORDINANCE (Cap 218) APPLICATION FOR EX GRATIA PAYMENT IN RESPECT OF AN OUTBOUND FARE FROM THE TRAVEL INDUSTRY COMPENSATION FUND UNDER SECTION 32E OF THE ORDINANCE (L.N. 103 of 1996) (For use by applicants applying on behalf of themselves) |
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