TRAVEL AGENTS REGULATIONS

Hong Kong Regulations

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TRAVEL AGENTS REGULATIONS - SCHEDULE 2



(Past version on 11/01/2002).
(Past version on 04/01/2001).
(Past version on 07/15/1999).
(Past version on 09/04/1998).
(Past version on 06/30/1997).

[regulations 9, 11,
13, 16 & 17]

FORM 1

[regulation 11]

TRAVEL AGENTS ORDINANCE

(Chapter 218)

TRAVEL AGENTS LICENCE

Licence No. ____________

LICENCE IS GRANTED this _________ day of _________________ 19 __________
to __________________________________________________________________

(name)
to carry on business as a travel agent at ______________________________________
(address(es) of premises)

___________________________________________________________________
___________________________________________________________________

This licence shall, unless earlier suspended or revoked, cease to have effect on the _____ day of _____________________ 19 ___________.

This licence is subject to the conditions set out herein.

CONDITIONS

(1) The licensee shall notify the Registrar of Travel Agents in writing prior to the licensee ceasing to carry on the business of a travel agent at any address specified in this licence.

(2) The licensee shall, prior to the expiry of this licence, submit to the Registrar of Travel Agents the latest statement of accounts in respect of the licensee's business as a travel agent.

(3) The licensee shall, during the period that this licence is in force, be and remain a member of an approved organization specified in Part I of Schedule 1 to the Travel Agents Ordinance (Cap 218).

Signed __________________________
Registrar of Travel Agents

ENDORSEMENTS

(L.N. 240 of 1988; L.N. 136 of 1996; 80 of 1997 s. 102)

FORM 2

[regulation 9(1)(a)]

TRAVEL AGENTS ORDINANCE

(Chapter 218)

APPLICATION FOR A LICENCE BY AN INDIVIDUAL
OR BY AN UNINCORPORATED BODY

Application is hereby made to the Registrar of Travel Agents for a licence under Part II of the Travel Agents Ordinance.

1. Application by an Individual
(a) Full name in English
___________________________________________________________

(b) Full name in Chinese characters (if applicable) and code
___________________________________________________________

(c) Aliases (if any)
___________________________________________________________

(d) Residential address
___________________________________________________________
___________________________Telephone No. _____________________

(e) Hong Kong Identity Card number
___________________________________________________________

(f) Place and date of birth
___________________________________________________________

2. Application by an Unincorporated Body

To be completed for each partner	1	2	3	4
Full name in English
Full name in Chinese characters (if applicable) and code
Aliases (if any)
Residential address and telephone number
Hong Kong Identity Card number
Place and date of birth

3. (a) Name of the business of a travel agent to be licensed-
(i) in English ________________________________________________
(ii) in Chinese ________________________________________________

(b) Business Registration number
______________________________________________________

(c) Address of the proposed head office and of all offices in Hong Kong at which it is intended to carry on the business of a travel agent, including the number of the street, flat, floor(s), whether the area occupied is part of a floor, the number of the room(s) and whether the applicant is the owner, the principal tenant or the sub-tenant of the premises.

Address	State whether the premises are owned or rented by the applicant	Telephone number

(d) State which, if any, of the premises listed under (c) are not in a commercial building ______________________________________________________

____________________________________________________________

(e) Will the proposed office(s) be used exclusively by the business of the travel agent?

Yes

A DUPLICATE LICENCE WILL BE REQUIRED FOR EACH BRANCH OFFICE UNDER REGULATION 12 OF THE TRAVEL AGENTS REGULATIONS.

4. Particulars of person(s) in Hong Kong proposed to be responsible for the management of the business, including the management of branch office(s).

	1	2	3	4
Full name in English
Full name in Chinese characters (if applicable) and code
Aliases (if any)
Residential address and telephone number
Hong Kong Identity Card number
Place and date of birth
Position held
Date of appointment

I/We* declare that all the information given by me/us* in this application is true and correct to the best of my/our* knowledge and belief.

Signed ______________________ (Individual Applicant)	Signed ___________________________ (Applicant as a partner)
	Signed ___________________________ (Applicant as a partner)
	Signed ___________________________ (Applicant as a partner)
	Signed ___________________________ (Applicant as a partner)

* Delete as appropriate.

NOTES

1. You are advised to read the Travel Agents Ordinance and the Travel Agents Regulations before submitting this application.

2. A statement of particulars in support of this application (Form 4) must also be completed and submitted.

3. Documentary evidence may be required in support of the information given in this application.

4. The prescribed fee payable upon submitting this application is $300.

5. The original and one copy of-
(a) this application; and

(b) the statement of particulars in support,

together with the application fee should be posted or delivered to the Registrar at the following address-

TRAVEL AGENTS REGISTRY,

6th Floor, East Wing,

Hennessy Centre,

500 Hennessy Road,

Hong Kong.

(If payment is made by post, only cheques will be accepted. Cheques should be made payable to 'Hong Kong Government' and crossed. They must not be made payable to any individual officer. Postdated cheques will not be accepted.)

6. Upon approval of this application, you will be notified of the amount of the licence fee payable, in accordance with the rates set out in the First Schedule of the Travel Agents Regulations.

7. A licence, if granted, shall not enter in force except on payment of the appropriate fee.

WARNING-Section 48(1)(c) of the Travel Agents Ordinance makes it an offence punishable by a fine of $100000 and to imprisonment for 2 years on conviction upon indictment or by a fine of $10000 and to imprisonment for 6 months on summary conviction for a person who makes any false or misleading statement or furnishes any false or misleading information in connection with any application for the issue of a licence.

(L.N. 240 of 1988; L.N. 136 of 1996)

FORM 3

[regulation 9(1)(b)]

TRAVEL AGENTS ORDINANCE

(Chapter 218)

APPLICATION FOR A LICENCE BY A BODY CORPORATE

Application is hereby made to the Registrar of Travel Agents for a licence under Part II of the Travel Agents Ordinance.

1. (a) The name and any former names of the company or other body corporate-

(i) in English _________________________________________________

(ii) in Chinese ________________________________________________

(b) The place of incorporation ________________________________________
___________________________________________________________

(c) The date of incorporation _________________________________________

(d) Company Registration number _____________________________________

(e) The name of the proposed business of a travel agent if different from (a) above-

(i) in English _________________________________________________

(ii) in Chinese ________________________________________________

(f) Address of the corporation's registered office and of all offices in Hong Kong at which it is intended to carry on the business of a travel agent, including the number of the street, flat, floor(s), whether the area occupied is part of a floor, the number of the room(s) and whether the corporation is the owner, the principal tenant or the sub-tenant of the premises.

Address	State whether the premises are owned or rented by the corporation	Telephone number

(g) State which, if any, of the premises listed above are not in a commercial building
___________________________________________________________

(h) Will the proposed office(s) be used exclusively by the business of a travel agent?

Yes

A DUPLICATE LICENCE WILL BE REQUIRED FOR EACH BRANCH OFFICE UNDER REGULATION 12 OF THE TRAVEL AGENTS REGULATIONS.

2. Particulars of the Controller (see note 3), the Secretary and all Directors and officers of the corporation.

	1	2	3	4
Full name in English
Full name in Chinese characters (if applicable) and code
Aliases (if any)
Residential address and telephone number
Hong Kong Identity Card number
Position held (e.g. Controller/Managing Director/Director/ Secretary/Manager/ Accountant etc.)
Date of appointment

I declare that all information given by me in this application is true and correct to the best of my knowledge and belief.

Signature ________________________

Name of Signatory _________________

Capacity ________________________
(Evidence of authorization by
the company or other body
corporate for a person in this
behalf should be produced)

NOTES

1. You are advised to read the Travel Agents Ordinance and the Travel Agents Regulations before submitting this application.

2. A statement of particulars in support of this application (Form 5) must also be completed and submitted.

3. A controller of a travel agency is a person who controls the applicant company and includes a person in accordance with whose directions or instructions the directors thereof are accustomed to act.

4. Documentary evidence may be required in support of the information given in this application.

5. The prescribed fee payable upon submitting this application is $300.

6. The original and one copy of-
(a) this application; and
(b) the statement of particulars in support,

together with the application fee should be posted or delivered to the Registrar at the following address-

TRAVEL AGENTS REGISTRY,

6th Floor, East Wing,

Hennessy Centre,

500 Hennessy Road,

Hong Kong.

7. Upon approval of this application, you will be notified of the amount of the licence fee payable, in accordance with the rates set out in the First Schedule of the Travel Agents Regulations.

8. A licence, if granted, shall not enter in force except on payment of the appropriate fee.

(L.N. 240 of 1988; L.N. 136 of 1996)

FORM 4

[regulation 9(2)(a)]

TRAVEL AGENTS ORDINANCE

(Chapter 218)

STATEMENT OF PARTICULARS IN SUPPORT OF AN APPLICATION FOR
A LICENCE BY AN INDIVIDUAL OR BY AN UNINCORPORATED BODY

Please answer the following questions-

(If there is insufficient space provided for your answer, please continue on a separate sheet of paper, specifying the question number to which your answer relates, and add your signature.)

1. (a) Have you or any members of your management or staff any previous experience in the business of a travel agent?

Yes

(b) If the answer to (a) is 'Yes', state the type and period of such experience
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

2. Is it proposed that your business includes obtaining for another person-

(a) carriage, by any means of conveyance, on a journey which is to commence in Hong Kong and which thereafter is to take place mainly outside Hong Kong?

Yes

(b) accommodation at a place outside Hong Kong for which payment is, or is to be, made by that other person on account of the cost of that accommodation?

Yes

(i) approved by IATA __________________________________________

(ii) an OAA appointed agent _____________________________________

(iii) appointed as sales agent for an international scheduled air carrier (give name of the air carrier) ___________________________________________

________________________________________________________

2A. Is it proposed that your business includes obtaining for a visitor to Hong Kong-

(a) carriage, by any means of conveyance, on a journey which is to commence outside Hong Kong and which either-

(i) terminates in Hong Kong; or

(ii) involves the visitor passing through immigration controls before departing from Hong Kong?

Yes

(b) accommodation in Hong Kong for which payment is, or is to be, made by or on behalf of the visitor of an amount on account of the cost of that accommodation?

Yes

3. (a) Is the business of a travel agency for which application is being made for a licence, a member of any established travel business association(s) in Hong Kong?

Yes

(b) If the answer to (a) is 'Yes', give the name(s) of the travel business association(s)-

(i) _______________________________________________________

(ii) _______________________________________________________

(iii) _______________________________________________________

4. (a) Do you propose to keep a bank account in connection with your business as a travel agent?

Yes

(b) If the answer to (a) is 'Yes', give the following details in respect of each bank at which you propose to keep an account in connection with the business-

	1	2	3	4
Name of bank
Address of bank
Account number
Date on which the account was opened

5. (a) Do you propose to appoint a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50) to audit the accounts of the business?

Yes

(b) If the answer to (a) is 'Yes', state the name and address of the accountant-
___________________________________________________________
___________________________________________________________

6. (a) Have you, or any member of your management named in paragraph 4 of the Application for a Licence, ever been convicted, whether in Hong Kong or elsewhere, of an offence other than a traffic offence?

Yes

(b) If the answer to (a) is 'Yes', give the following details-

	1	2	3	4
Fall name of the defendant in English
Full name of the defendant in Chinese characters (if applicable) and code
Aliases (if any)
Hong Kong Identity Card number
The offence
Penalty (if any) imposed
Date of conviction
Place of conviction
Name of the court which tried the offence

7. (a) Have you any unsatisfied judgment debt outstanding against you in connection with any business conducted by you in Hong Kong or elsewhere?

Yes

(b) If the answer to (a) is 'Yes', please state-
(i) the date of the judgment ______________________________________
(ii) the name of the court giving judgment ____________________________
________________________________________________________

8. (a) Have you any unsatisfied judgment or court order requiring the payment of damages or a sum of money in relation to any trade or business carried on by you or in which you have been concerned?

Yes

(b) If the answer to (a) is 'Yes', please state-
(i) the date of the judgment ______________________________________
(ii) the name of the court giving judgment or making the order _____________
________________________________________________________

9. (a) Have you ever been adjudicated bankrupt in Hong Kong or elsewhere?

Yes

(b) If the answer to (a) is 'Yes', give details of-
(i) the date of the adjudication ____________________________________
(ii) the name of the court which made the adjudication of bankruptcy ________
________________________________________________________

(c) If you have been discharged as a bankrupt, state-
(i) the date of discharge ________________________________________
(ii) the conditions of discharge ____________________________________

10. (a) Has a bankruptcy petition ever, in Hong Kong or elsewhere, been served on you which did not result in your being adjudicated bankrupt?

Yes

(b) If the answer to (a) is 'Yes', specify details of the petition, including the date, place and the court in which the petition was presented ___________________

____________________________________________________________

11. (a) Have you ever, in Hong Kong or elsewhere, been a party to a scheme of arrangement or entered into any form of composition with your creditors?

Yes

(b) If the answer to (a) is 'Yes', give details of the arrangement or composition
____________________________________________________________
____________________________________________________________

12. (a) To the best of your knowledge, has any company or other body corporate of which you have been a director, in Hong Kong or elsewhere, been wound up, otherwise than by means of a members' voluntary winding up, during the 5 years preceding this application?

Yes

(b) If the answer to (a) is 'Yes', state-
(i) the name of the company or body corporate
________________________________________________________
(ii) the mode of winding up
________________________________________________________
(iii) the reasons for winding up
_______________________________________________________
_______________________________________________________

13. (a) To the best of your knowledge, has any firm of which you have been a partner, in Hong Kong or elsewhere, been dissolved, otherwise than voluntarily with the consent of all the partners, during the 5 years preceding this application?

Yes

(b) If the answer to (a) is 'Yes', state-
(i) the name of the firm ________________________________________
(ii) the mode of dissolution ______________________________________
(iii) the reasons for dissolution ____________________________________
_______________________________________________________

I/We* declare that all the information given by me/us* in this application is true and correct to the best of my/our* knowledge and belief.

Signed ___________________________
*(Applicant as an individual)
*(Applicant for and on behalf of all
partners whose signatures are given
in the application form)

* Delete as appropriate.

Please note: (i) The original and one copy of this statement, duly completed and signed, should be submitted, together with the Application for a Licence, to the Registrar.

(ii) Documentary evidence may be required in support of any information given in this statement.

(iii) The services prescribed by regulations made under section 50(1)(fa) of the Travel Agents Ordinance are:

(a) sightseeing or visits to local places of interest;

(b) restaurant meals or other catered meals;

(d) local transport in connection with an activity referred to in paragraph (a), (b) or (c).

(L.N. 136 of 1996; 3 of 2001 s. 46; 10 of 2002 s. 10; 23 of 2004 s. 56)

FORM 5

[regulation 9(2)(b)]

TRAVEL AGENTS ORDINANCE

(Chapter 218)

STATEMENT OF PARTICULARS IN SUPPORT OF AN APPLICATION FOR
A LICENCE BY A BODY CORPORATE

Please answer the following questions-

(If there is insufficient space provided for your answer, please continue on a separate sheet of paper, specifying the question number to which your answer relates, and add your signature.)

1. Is it proposed that the business of the corporation include obtaining for another person-

(a) carriage, by any means of conveyance, on a journey which is to commence in Hong Kong and which thereafter is to take place mainly outside Hong Kong?

Yes

(b) accommodation at a place outside Hong Kong for which payment is, or is to be, made by that other person on account of the cost of that accommodation?

Yes

(c) If the answer to (a) is 'Yes', state whether the business of a travel agency for which application is made for a licence is-

(i) approved by IATA _________________________________________

(ii) an OAA appointed agent _____________________________________

(iii) appointed as sales agent for an international scheduled air carrier (give name of the air carrier) ___________________________________________

_______________________________________________________

1A. Is it proposed that the business of the corporation includes obtaining for a visitor to Hong Kong-

(a) carriage, by any means of conveyance, on a journey which is to commence outside Hong Kong and which either-

(i) terminates in Hong Kong; or

(ii) involves the visitor passing through immigration controls before departing from Hong Kong?

Yes

(b) accommodation in Hong Kong for which payment is, or is to be, made by or on behalf of the visitor of an amount on account of the cost of that accommodation?

Yes

2. (a) Is the business of a travel agency for which application is being made for a licence, a member of any established travel business association(s) in Hong Kong?

Yes

(b) If the answer to (a) is 'Yes', give the name(s) of the travel business association(s)-

(i) _______________________________________________________
(ii) _______________________________________________________
(iii) _______________________________________________________

3. (a) Does the corporation propose to keep a bank account in connection with its business as a travel agent?

Yes

(b) If the answer to (a) is 'Yes', give the following details in respect of each bank at which the corporation proposes to keep an account in connection with the business-

	1	2	3	4
Name of bank
Address of bank
Account number
Date on which the account was opened

4. (a) Does the corporation propose to appoint a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50) to audit the corporation's accounts of the business?

Yes

(b) If the answer to (a) is 'Yes', state the name and address of the accountant-
____________________________________________________________________
____________________________________________________________________

5. (a) Has the corporation or any controller, director, secretary or officer thereof ever been convicted, whether in Hong Kong or elsewhere, of an offence other than a traffic offence?

Yes

(b) If the answer to (a) is 'Yes', give the following details-

	1	2	3	4
Full name of thedefendant in English
Full name of the defendant in Chinese characters (if applicable) and code
Aliases (if any)
Hong Kong Identity Card number
The offence
Penalty (if any) imposed
Date of conviction
Place of conviction
Name of the court which tried the offence

6. (a) Are there any unsatisfied judgment debts, or judgments or court orders for the payment of damages or sum of money, outstanding against the corporation?

Yes

(b) If the answer to (a) is 'Yes', state the amount and give full details-
____________________________________________________________
____________________________________________________________

7. (a) Has any controller, director, secretary or officer of the corporation ever in Hong Kong or elsewhere been declared a bankrupt?

Yes

(b) If the answer to (a) is 'Yes', give the following particulars-

		1	2	3	4
Full name of the controller/ director/secretary/officer in English
Full name of the controller/ director/secretary/officer in Chinese characters (if applicable) and code
Aliases (if any)
Hong Kong Identity Card number
Date of adjudication
Place of bankruptcy
Name of the court which made the adjudication
If the controller/ director/secretary/ officer has been discharged as a bankrupt state-	the date of discharge
	the conditions of discharge

8. (a) Has any controller, director, secretary or officer of the corporation ever, in Hong Kong or elsewhere, been served with a bankruptcy petition which did not result in his being declared bankrupt?

Yes

(b) If the answer to (a) is 'Yes', give the following details of the petition-

	1	2	3	4
Full name of the controller/director/ secretary/officer in <