【法规名称】
【法规编号】 82169 什么是编号？
【正 文】
CAP 218E TRAVEL INDUSTRY COMPENSATION FUND (AMOUNT OF EX GRATIA PAYMENTS AND FINANCIAL PENALTY)
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(Cap 2l8 section 32G(2)) (21 January 1994) (L.N. 77 of 1994) (L.N. 471 of 1993) Cap 218E s 1 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 218E s 2 Interpretation In these Rules, unless the context otherwise requires- "accident" (意外) means an accident described in section 5A; (L.N. 104 of 1996) "application" (申请、申请书) has the meaning assigned to it by section 2 of the Rules; "judgment" (判决、判决书) has the meaning assigned to it by section 2 of the Rules; "proof of debt" (债权证明表) has the meaning assigned to it by section 2 of the Rules; "relative" (亲属), in relation to an outbound traveller, means- (a) a spouse; (b) a parent, step-parent or guardian; (c) a spouse's parent, step-parent or guardian; (d) a grandparent or great-grandparent; (e) a child or a ward of court under the care and control of the outbound traveller; (f) a stepchild or a ward of court under the care and control of the outbound traveller's spouse; (g) a grandchild; (h) a son-in-law or daughter-in-law; (i) a brother or sister; (j) a spouse's brother or sister; (k) a brother's or sister's spouse; (l) a half-brother or half-sister; (m) a step-brother or step-sister; (n) a brother's or sister's child; (o) a parent's brother or sister; (p) a parent's brother's spouse or parent's sister's spouse; or (q) a parent's brother's child or parent's sister's child; (L.N. 394 of 1998)"relevant country" (有关国家) means the country or the place outside Hong Kong where the accident occurred; (L.N. 104 of 1996) "relevant expenses" (有关开支) means the expenses described in section 5C; (L.N. 104 of 1996) "the Rules" (申领程序规则) means the Travel Industry Compensation Fund (Procedure for Ex gratia Payments) Rules (Cap 218 sub. leg.); "simplified procedure" (简化程序) means the procedure for making an application for an ex gratia payment described in section 3A of the Rules; (L.N. 129 of 1997) "specified amount" (指明款额) means the amount for the time being specified under section 4(2); (L.N. 129 of 1997) "spouse" (配偶), in relation to a person, includes- (a) a concubine of the person; and (b) a person with whom the person is cohabiting as husband or wife; (L.N. 394 of 1998)"travel agent" (旅行代理商) has the meaning assigned to it by section 32A of the Ordinance; "unsatisfied" (未清偿) in relation to a proof of debt means- (a) in the case of a winding up, that after the conclusion of the winding up, the full amount for which the proof of debt was admitted by the liquidator under the Companies (Winding-up) Rules (Cap 32 sub. leg.) has not been paid; (b) in the case of a bankruptcy, that after the payment of a final dividend, the full amount for which the proof of debt was admitted by the Official Receiver or the trustee in bankruptcy under the Proof of Debts Rules (Cap 6 sub. leg.), has not been paid. (Enacted 1993) Cap 218E s 2A Application (Part I) *PART I EX GRATIA PAYMENTS IN RESPECT OF AN OUTBOUND FARE (L.N. 104 of 1996) This Part shall apply to an ex gratia payment for the purposes of section 32E of the Ordinance in relation to a loss suffered in respect of an outbound fare. (L.N. 104 of 1996)___________________________________________________________________ Notes: * 1. The operation of this Part is affected by s. 5 of L.N. 129 of 1997, which section is reproduced as follows: "5. 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 218E s 3 When an application may be made An application may be made by an outbound traveller or on his behalf for the purposes of section 32E of the Ordinance in relation to a loss suffered in respect of an outbound fare. (Enacted 1993. L.N. 104 of 1996) Cap 218E s 4 Amount of ex gratia payment (1) Any ex gratia payment under this Part shall be 90% of the outbound fare in respect of which the application for the payment is made. (L.N. 104 of 1996; L.N. 544 of 1996; L.N. 129 of 1997) (2) Subject to subsection (1), the maximum amount in respect of which an application for an ex gratia payment may be made in accordance with the simplified procedure is $10000. (L.N. 129 of 1997) (Enacted 1993) Cap 218E s 5 Circumstances of payment (1) Subject to subsection (1A), an ex gratia payment under this Part may be made to or on behalf of an outbound traveller if- (L.N. 104 of 1996; L.N. 129 of 1997) (a) in the case where an application is submitted with a judgment, such judgment is unsatisfied and it appears to the Board that reasonable efforts have been made to enforce it; |
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