【法规名称】
【法规编号】 82169 什么是编号？
【正 文】
第2页 CAP 218E TRAVEL INDUSTRY COMPENSATION FUND (AMOUNT OF EX GRATIA PAYMENTS AND FINANCIAL PENALTY)
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[接上页] (b) in the case where an application is submitted with evidence of a proof of debt- (i) any right to a dividend under the proof of debt has been assigned in writing to the Board; and (ii) the Board is indemnified- (A) to the extent of the amount of the ex gratia payment in the event of the proof of debt being rejected; or (B) to the extent of the difference between the ex gratia payment and 90% of the amount of the proof of debt admitted in the event of the amount admitted being less than the ex gratia payment. (L.N. 544 of 1996)(1A) Where an application is made in accordance with the simplified procedure, an ex gratia payment of an amount not exceeding the specified amount may be made to or on behalf of an outbound traveller if- (a) in the case where section 3A(5) of the Rules applies to application, the applicant gives an undertaking that no claim or application will be made for any amount in excess of the specified amount; (b) any right to a dividend under the proof of debt has been assigned in writing to the Board; and (c) the Board is indemnified- (i) to the extent of the amount of the ex gratia payment in the event of the proof of debt being rejected; or (ii) to the extent of the difference between the ex gratia payment and 90% of the amount of the proof of debt admitted in the event of the amount admitted being less than the ex gratia payment. (L.N. 129 of 1997)(2) Where, by reason of an assignment under subsection (1)(b)(i) or (1A)(b), the amount of a dividend received by the Board is in excess of the amount of the ex gratia payment concerned, the Board shall pay to the relevant applicant the amount of such excess. (L.N. 129 of 1997) (Enacted 1993) Cap 218E s 5A Application (Part II) PART II EX GRATIA PAYMENTS IN RESPECT OF AN ACCIDENT (1) 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 accident which arises out of and in the course of an outbound travel service and which results in the death of, or personal injury sustained by an outbound traveller. (2) An accident which arises out of and in the course of an activity which is not provided or organized by the travel agent concerned shall be disregarded for the purposes of subsection (1). (L.N. 104 of 1996) Cap 218E s 5B When an application may be made (1) 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 described in section 5A. (2) A loss in relation to which an application under subsection (1) may be made shall be limited to the relevant expenses actually incurred. (L.N. 104 of 1996) Cap 218E s 5C Amount of ex gratia payment Any ex gratia payment under this Part shall be subject in respect of each type of relevant expenses to the maximum amount set out in column 2 of the Table as follows- TABLE Column 1 Column 2 (a) medical expenses reasonably incurred in the relevant country in respect of an accident $100000 (b) expenses reasonably incurred in the relevant country in relation to the funeral of an outbound traveller or incurred in relation to the delivery back to Hong Kong of the dead body of the outbound traveller (including ashes resulting from cremation thereof), in a case where the accident results in the death of the outbound traveller $ 40000 (c) expenses reasonably incurred by up to 2 relatives of an outbound traveller for paying visits to the relevant country for a purpose relating to or consequent upon the death of or personal injury sustained by the outbound traveller $20000 per relative (d) if a deceased or injured outbound traveller does not have any relatives, expenses reasonably incurred by a former spouse of the traveller in visiting the relevant country for a purpose connected with the traveller's death or injury (L.N. 394 of 1998) $20000 (e) expenses reasonably incurred by not more than 2 relatives of a deceased outbound traveller in visiting Hong Kong for a purpose connected with the traveller's death, but only if there is no relative or former spouse of the traveller residing in Hong Kong (L.N. 394 of 1998) $20000 per relative (f) if a deceased outbound traveller does not have any relatives, expenses reasonably incurred by a former spouse of the traveller in visiting Hong Kong for a purpose connected with the traveller's death (L.N. 394 of 1998) $20000 (L.N. 104 of 1996) Cap 218E s 5D Circumstances of payment An ex gratia payment under this Part may be made to or in respect of an outbound traveller if, and only if the application is accompanied by- (a) a declaration in writing by the applicant or, as the case may be, the person on whose behalf the application is made, as to- (i) whether he or any other person has received any damages or compensation in respect of the relevant expenses incurred in relation to the accident; and (ii) whether he or any other person has made any claim or instituted any legal proceedings in respect of those relevant expenses; and(b) an undertaking in writing by the applicant or, as the case may be, the person on whose behalf the application is made that he will- |
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