【法规名称】
【法规编号】 82169 什么是编号？
【正 文】
第3页 CAP 218E TRAVEL INDUSTRY COMPENSATION FUND (AMOUNT OF EX GRATIA PAYMENTS AND FINANCIAL PENALTY)
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[接上页] (i) notify the Board, within such period as may be specified in the undertaking, of the making by him or any other person of any claim or the institution of any legal proceedings by him or any other person in respect of those relevant expenses; (ii) in the event that damages or compensation in respect of those relevant expenses are or is paid to him or any other person, pay to the Board the amount of the ex gratia payment or the amount of the damages or compensation so paid, whichever is the less; and (iii) in the event that the amount of the ex gratia payment is in excess of the relevant expenses reasonably incurred, indemnify the Board to the extent of the excess. (L.N. 104 of 1996) Cap 218E s 6 Financial penalty PART III FINANCIAL PENALTY (L.N. 104 of 1996) (1) Where the Board is satisfied that a travel agent has failed to pay or not duly paid any amount due as the Fund levy in accordance with a relevant determination made under section 32H(2)(b) of the Ordinance or any amount due as the Council levy in accordance with a relevant determination made under section 32I(2) of the Ordinance, the Board may impose on the travel agent concerned a financial penalty not exceeding- (a) $10000 as regards a failure; (b) $50000 as regards a second failure within the period of 2 years beginning on the date of a previous failure; and (c) $100000 as regards a third or any subsequent such failure within the period of 2 years referred to in paragraph (b).(2) In imposing a financial penalty under subsection (1), the Board shall have regard to whether the Travel Industry Council has imposed any penalty on the travel agent as regards such failure and any other circumstances which it considers relevant. (3) The Board may review any decision to impose a financial penalty under subsection (1). (Enacted 1993) Cap 218E s 7 Transitional provision for sections 4 and 5 Where the ex gratia payment relates to a loss suffered before 20 December 1996- (a) the amount of such payment shall be 80% of the outbound fare; and (b) the percentage of the amount of the proof of debt for the purposes of section 5(1)(b)(ii)(B) shall be 80%. (L.N. 544 of 1996) |
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