Chapter:
218F
Gazette Number Version Date
TRAVEL INDUSTRY COMPENSATION FUND
(PROCEDURE FOR EX GRATIA PAYMENTS) RULES
E.R. 2 of 2014
Empowering section
10/04/2014
(Cap 218, section 32G(1))
(Enacting provision omitted—E.R. 2 of 2014)
[21 January 1994] L.N. 78 of 1994
(Originally L.N. 472 of 1993)
___________________________________________________________________
Notes:
1. The operation of these Rules is affected by s. 7 of L.N. 128 of 1997, which section is reproduced as
follows:
"7. 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" (修訂規則) 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.
Section:
1
(Omitted as spent—E.R. 2 of 2014)
E.R. 2 of 2014
10/04/2014
Section:
2
Interpretation
E.R. 2 of 2014
10/04/2014
In these Rules, unless the context otherwise requires"accident" (意外) means an accident described in section 5A of the Travel Industry Compensation Fund (Amount of
Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg. E); (L.N. 103 of 1996)
"application" (申請、申請書) means an application for an ex gratia payment; (L.N. 128 of 1997)
"judgment" (判決、判決書) means a judgment of a court in Hong Kong for the payment of a sum of money and
includes an award made under the Small Claims Tribunal Ordinance (Cap 338);
"loss" (損失) means a loss described in section 3 or 5A of the Travel Industry Compensation Fund (Amount of Ex
gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg. E); (L.N. 103 of 1996)
"proof of debt" (債權證明表) means a proof of debt delivered or sent to(a) in relation to the winding up of a licensed company under the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap 32), a liquidator; or (28 of 2012 ss. 912 & 920)
(b) in relation to the bankruptcy of a travel agent to whom a licence has been issued, the Official Receiver
or a trustee under the Proof of Debts Rules (Cap 6 sub. leg. E);
"relevant expenses" (有關開支) means the expenses described in section 5C of the Travel Industry Compensation
Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg. E). (L.N. 103 of 1996)
"simplified procedure" ( 簡化程序 ) means the procedure for making an application for an ex gratia payment
described in section 3A; (L.N. 128 of 1997)
"specified amount" (指明款額) means the amount for the time being specified under section 4(2) of the Travel
Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules (Cap 218 sub. leg.
E). (L.N. 128 of 1997)
(E.R. 2 of 2014)
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
1
(Enacted 1993)
Section:
3
Application for payment
L.N. 128 of 1997 30/06/1997
(1) An application may be made in respect of a loss by- (L.N. 128 of 1997)
(a) the outbound traveller who has suffered the loss;
(b) his personal representative; or
(c) any person authorized by him in writing.
(2) (Repealed L.N. 128 of 1997)
(3) Subject to section 3A, an application shall be accompanied by- (L.N. 128 of 1997)
(a) the original receipt for the relevant outbound fare stamped or franked to show the payment of the Fund
levy in respect of such fare or a copy of such receipt which shall be(i) certified to be a true copy to the satisfaction of the Board; or
(ii) verified in such manner as the Board may require; and
(b) (i) in the case where the loss suffered is in respect of an outbound fare, a sealed copy of a judgment
in respect of the loss concerned or documents showing that a proof of debt has been lodged or is
to be lodged; or
(ii) in the case where the loss suffered is in respect of an accident(A) the original document, if any, showing that the accident has been reported to the relevant
authority of the country where the accident occurred;
(B) the original receipts for the relevant expenses; and
(C) the original receipts for any damages or compensation received, if any, in respect of the
relevant expenses. (L.N. 103 of 1996)
(4)-(5)
(Repealed L.N. 128 of 1997)
(Enacted 1993)
Section:
3A
Application in accordance with the simplified procedure
E.R. 2 of 2014
10/04/2014
(1) An application for an ex gratia payment not exceeding the specified amount may be made in respect of a
loss by(a) the outbound traveller who has suffered the loss;
(b) any person authorized by him in writing; or
(c) the parent or guardian of an outbound traveller who is a minor.
(2) Subject to subsections (3) and (4), an application for an ex gratia payment not exceeding the specified
amount shall be accompanied by(a) the original receipt for the relevant outbound fare stamped or franked to show the payment of the Fund
levy in respect of such fare or a copy of such receipt (which shall be certified to be a true copy to the
satisfaction of the Board);
(b) (i) the original receipt for the relevant outbound fare showing the payment of the outbound fare;
(ii) verification of the payment of the outbound fare by an auditor appointed by the Board or by the
person appointed under section 3B(1)(b); or
(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. E) 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.
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
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(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. E), 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; E.R. 2 of 2014)
Section:
3B
Procedure for application
L.N. 128 of 1997 30/06/1997
(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)
Section:
4
Procedure for application on behalf of another
30/06/1997
(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)
Section:
5
Period for making payment
30/06/1997
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 - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
3
Section:
6
30/06/1997
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)
Schedule:
L.N. 26 of 1999
SCHEDULE
29/01/1999
[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)
*I/we, *a client/clients of ........................................................................................,
(name of travel agent)
a licensed travel agent whose licence number is ................................................................,
hereby apply for an ex gratia payment from the Travel Industry Compensation Fund under section 32E of the
Ordinance.
2.
*My/Our personal particulars are as follows(1)
(2)
(3)
(4)
(a) Name in English
(Mr/Mrs/Miss/Ms)
Name in Chinese
Alias (if any)
(b) Date of birth
(c) Hong Kong Identity
Card/Passport No.
(if applicable)
(d) Residential address
#
#
#
#
#
#
#
#
Telephone No.
Office address
Telephone No.
(# Please tick the appropriate box, if it is also a correspondence address.)
(Paragraph 2 should be completed only by applicants who are plaintiffs in a judgement or creditors in a proof of debt.
If there are more than 4 applicants, please use a photocopy.)
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
4
3. *My/Our application is in respect of a loss incurred in respect of a payment for travel services made by *me/us to
the travel agent. *Moreover, *my/our application is for an amount not exceeding the specified amount. (Delete this
sentence if application is not made in accordance with the simplified procedure.)- (L.N. 128 of 1997)
(a) particulars of which loss are.......................................................................................................................
.......................................................................................................................
*(b) the circumstances in which the loss occurred are........................................................................................................................
........................................................................................................................
(not necessary to complete where a judgment has been obtained)
4
In support of this application, *I/we attach the following documents(a) *One/ ................... original(s) of receipt(s) or certified true *copy/copies thereof duly stamped/franked to
show payment of levy to the Travel Industry Compensation Fund and a total payment of
$ ............................. made to the travel agent.
(b) *A copy/ ...................... copies of *my/our Hong Kong Identity Card(s)/Passport(s).
*(c) A sealed copy of a judgment against the travel agent given by ..................................
(name of court)
on ............................ (If a judgment is submitted, paragraph 6 will not be applicable.)
(date of judgment)
*(d) A proof of debt against the travel agent *lodged/to be lodged with ......................
(liquidator/
............................................... on ...........................
Official Receiver/trustee)
(date)
(If a proof of debt has been/is to be lodged, paragraph 6 will be applicable.)
*(e) Documentary evidence of payment showing payment of the outbound fare. (L.N. 128 of 1997)
*(f) Verification of payment of the outbound fare by an auditor or a person appointed by the Travel Industry
Compensation Fund Management Board. (L.N. 128 of 1997)
*(g) A statutory declaration stating that the payment(s) of the outbound fare(s) has (have) been made. (L.N. 128
of 1997)
5. *I/We confirm that the *judgment/proof of debt referred to in paragraph 4 has remained unsatisfied for the
following reasons (in relation to a judgment, provide information together with supporting documents as to what steps
have been taken to enforce the judgment).......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
*6. In consideration of *my/our receiving an ex gratia payment from the Travel Industry Compensation Fund, *I/we
hereby assign *my/our right(s) to receive dividends, if any, from the Official Receiver/liquidator/trustee, to the Travel
Industry Compensation Fund Management Board on the understanding that where such dividend is in excess of the ex
gratia payment, the excess will be paid to *me/us. In the event that *my/our proof of debt is wholly rejected or
admitted only in part, *I/we hereby undertake to indemnify the Travel Industry Compensation Fund Management
Board to the extent of the amount of the ex gratia payment or the difference between the amount of the ex gratia
payment and 90% of the amount of the proof of debt, as the case may be. (Please see notes under paragraph 4(c) and
(d).) (L.N 544 of 1996; L.N. 128 of 1997)
(Delete this paragraph if application is made in accordance with the simplified procedure.) (L.N 128 of 1997)
*6A. In consideration of *my/our receiving an ex gratia payment from the Travel Industry Compensation Fund, *I/we
assign *my/our right(s) to receive dividends, if any, from the Official Receiver/liquidator/trustee, to the Travel
Industry Compensation Fund Management Board on the undertaking that where such dividend is in excess of the ex
gratia payment, the excess will be paid to *me/us. In the event that *my/our proof of debt is wholly rejected or
admitted only in part, *I/we hereby undertake to indemnify the Travel Industry Compensation Fund Management
Board to the extent of the amount of the ex gratia payment or the difference between the amount of the ex gratia
payment and 90% of the amount of the proof of debt as the case may be. *I/We also hereby undertake to abandon
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
5
*my/our claim for the excess of *my/our outbound fare made to the travel agent upon *my/our receiving an ex gratia
payment from the Travel Industry Compensation Fund.
(Delete this paragraph if application is not made in accordance with the simplified procedure.) (L.N. 128 of 1997)
7. *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.
Signature of Applicant: (1) .........................
(
)
(2) .........................
(
)
(3) .........................
(
)
(4) .........................
(
)
Date: ............................
*Delete as appropriate.
NOTES
1.
The applicant is advised to read Part IIIA of the Travel Agents Ordinance (Cap 218) before submitting this
application.
2.
Additional information and documentary evidence may be required in support of this application.
3.
This application must be submitted to the Secretary of the Travel Industry Compensation Fund Management
Board or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for
Ex gratia Payments) Rules within 24 months beginning on the date the outbound traveller(s) first sustained
his/her/their loss/losses.
4.
The Travel Industry Compensation Fund Management Board shall have absolute discretion to refuse any
application for ex gratia payment.
5.
This form must be completed in duplicate and sent by post or delivered in person to the Secretary of the Travel
Industry Compensation Fund Management Board at the following addressTravel Agents Registry,
8/F, West Wing,
Central Government Offices,
Lower Albert Road,
Hong Kong.
or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for Ex
gratia Payments) Rules at the following address(L.N. 103 of 1996; L.N. 136 of 1996)
(Enacted 1993)
FORM B
TRAVEL AGENTS ORDINANCE
(Cap 218)
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
6
APPLICATION FOR EX GRATIA PAYMENT IN RESPECT OF
AN OUTBOUND FARE FROM THE TRAVEL INDUSTRY
COMPENSATION FUND UNDER SECTION 32E
OF THE ORDINANCE
(For use by applicant acting on behalf of the traveller(s))
I, ...................................., authorized by the traveller(s) listed in the Ａnnex, *a client/
(applicant)
clients of ................................................, a licensed travel agent whose licence number is
(name of travel agent)
......................, hereby apply for ex gratia payments from the Travel Industry Compensation Fund under section 32E of
the Ordinance for and on behalf of the traveller(s).
2.
My personal particulars are as follows(a) Name (*Mr/Mrs/Miss/Ms) ............................................. (
)
(English)
(Chinese)
Alias (if any) .....................................................................................................
(b) Date of birth ......................................................................................................
(c) *Hong Kong Identity Card/Passport No. .............................................................
(d) Residential address ............................................................................................
..................................... (Telephone No : ........................) #
(e)
Office address ......................................................................
.................................. (Telephone No : ............................) #
(# Please tick the appropriate box at the end of (d) or (e), if it is also a correspondence address.)
3. The personal particulars of *the/each traveller and his authorization for me to act on his behalf in applying for
and receiving ex gratia payments from the Fund and to assign on his behalf his right to receive dividends, if any, from
the Official Receiver/liquidator/trustee are at the Annex.
4. The application is in respect of a loss incurred in respect of a payment for travel services made by the traveller(s)
to the travel agent. Moreover, the application is for an amount not exceeding the specified amount. (Delete this
sentence if application is not made in accordance with the simplified procedure.)(a) particulars of which loss are........................................................................................................................
........................................................................................................................
*(b) the circumstances in which the loss occurred are........................................................................................................................
(not necessary to complete where a judgment has been obtained)
........................................................................................................................
........................................................................................................................
5.
In support of this application, I attach the following documents(a) One/ ............... original(s) of receipt(s) or certified true *copy/copies thereof duly stamped/franked to show
payment of levy to the Travel Industry Compensation Fund and a total payment of $ ...............................
made to the travel agent.
(b)* A copy/ ................... copies of the *traveller's/travellers' *Hong Kong Identity Card(s)/Passport(s).
*(c) A sealed copy of a judgment against the travel agent given by .............................
(name of Court)
.............................. on ....................................................................................
(date of judgment)
(If a judgment is submitted, paragraph 7 and 7A will not be applicable.)
*(d) A proof of debt against the travel agent *lodged/to be lodged with .......................
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
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*(e)
*(f)
*(g)
*(h)
*(i)
*(j)
*(k)
*(l)
........................................................................................................................
(Official Receiver/liquidator/trustee)
on ...............................................................................................
(date)
(If a proof of debt has been/is to be lodged, paragraph 7 or 7A will be applicable.)
Documentary evidence of payment showing payment of the outbound fare.
Verification of payment of the outbound fare by an auditor or a person appointed by the Travel Industry
Compensation Fund Management Board.
A statutory declaration by the traveller(s) stating that payment(s) of the outbound fare(s) has (have) been
made.
*Written authorization(s) of the outbound traveller(s).
My statutory declaration that the application is made on behalf of the outbound traveller(s).
A copy of my Hong Kong Identity Card/travel document to prove my relationship with the minor outbound
traveller(s).
*A copy/ ............................. copies of the minor outbound *traveller's/travellers' birth certificate(s).
Other documentary evidence to prove my relationship with the minor(s).
6. I confirm that the *judgment/proof of debt referred to in paragraph 5 has remained unsatisfied for the following
reasons (in relation to a judgment, provide information together with supporting documents as to what steps have been
taken to enforce the judgment).............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
*7. In consideration of my receiving an ex gratia payment from the Travel Industry Compensation Fund on behalf of
the traveller(s), I, being authorized for the purpose by the traveller(s), hereby assign the right of the traveller(s) to
receive dividends, if any, from the Official Receiver/liquidator/trustee, to the Travel Industry Compensation Fund
Management Board on the understanding that where any such dividend is in excess of the ex gratia payment received
by myself on behalf of the traveller(s), the excess will be paid to me for the traveller(s). In the event that a proof of
debt of the traveller(s) is wholly rejected or admitted only in part, I hereby confirm that I and the traveller(s) undertake
to indemnify the Travel Industry Compensation Fund Management Board to the extent of the amount of the ex gratia
payment or the difference between the amount of the ex gratia payment and 90% of the amount of the proof of debt, as
the case may be. (Please see notes under paragraph 5(c) and (d).)
(Delete this paragraph if application is made in accordance with the simplified procedure.)
*7A. In consideration of my receiving an ex gratia payment from the Travel Industry Compensation Fund on behalf
of the traveller(s), I, being authorized for the purpose by the traveller(s), hereby assign the right of the traveller(s) to
receive dividends, if any, from the Official Receiver/liquidator/trustee to the Travel Industry Compensation Fund
Management Board on the understanding that where any such dividend is in excess of the ex gratia payment received
by myself on behalf of the traveller(s), the excess will be paid to me for the traveller(s). In the event that a proof of
debt of the traveller(s) is wholly rejected or admitted only in part, I hereby confirm that I and the traveller(s) undertake
to indemnify the Travel Industry Compensation Fund Management Board to the extent of the amount of the ex gratia
payment or the difference between the amount of the ex gratia payment and 90% of the amount of the proof of debt, as
the case may be. I also hereby confirm that I and the traveller(s) undertake to abandon the *traveller's/travellers' claim
for the excess of the *traveller's/travellers' outbound fare(s) made to the travel agent upon my receiving, on behalf of
the traveller(s), the ex gratia payment from the Travel Industry Compensation Fund.
(Delete this paragraph if application is not made in accordance with the simplified procedure.)
8.
I declare that(a) I have been authorized by the traveller(s)(i) to act on *his behalf/behalf of each of them in applying for and receiving ex gratia payments from the
Fund; and
(ii) to assign on *his behalf/behalf of each of them his right to receive dividends from the Official
Receiver/liquidator/trustee; and
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
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(b) all the information given by me in this application is true and correct to the best of my knowledge and
belief.
Signature of authorized Applicant: ..................................
Date: ..................................
* Delete as appropriate.
NOTES
1.
The applicant is advised to read Part IIIA of the Travel Agents Ordinance (Cap 218) before submitting this
application.
2.
Additional information and documentary evidence may be required in support of this application.
3.
This application must be submitted to the Secretary of the Travel Industry Compensation Fund Management
Board or the person appointed under section 3B(1)(b) of the Travel Industry Compensation Fund (Procedure for
Ex gratia Payments) Rules within 24 months beginning on the date the outbound traveller(s) first sustained
his/her/their loss/losses.
4.
The Travel Industry Compensation Fund Management Board shall have absolute discretion to refuse any
application for ex gratia payment.
5.
This form must be completed in duplicate and sent by post or delivered in person to the Secretary of the Travel
Industry Compensation Fund Management Board at the following addressTravel Agents Registry,
8/F, West Wing,
Central Government Offices,
Lower Albert Road,
Hong Kong.
or the person appointed under section 3B(1)(b) of the Travel Industry Compensation Fund (Procedure for Ex
gratia Payments) Rules at the following addressANNEX
PERSONAL PARTICULARS AND AUTHORIZATION(S) OF THE TRAVELLER(S)
(To be completed by the traveller(s))
*I/We, each and everyone of us at ..........................................................................
.......................................................................................................................................
(address)
(Telephone No.: ............................) provide *my/our personal particulars hereunder and declare by appending *my/our
signature(s) against *my/our respective personal particulars that *I/we authorize the person named hereunder to act on
*my/our behalf in applying for and receiving ex gratia payments from the Travel Industry Compensation Fund and to
assign to the Travel Industry Compensation Fund Management Board the right of *mine/each of us to receive
dividends, if any, from the Official Receiver/liquidator/trustee.
2.
The personal particulars of the person authorized to act on *my/our behalf are as follows(a) Name (English & Chinese) .....................................................................................
(b) *Hong Kong Identity Card/Passport No. .................................................................
(c) Residential address ................................................................................................
................................................................ Telephone No.: .....................................
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
9
3.
(See Note 1) By appending *my/our signature(s) hereunder, *I/we and everyone of us also declare that, in the
event that *my/our proof of debt is wholly rejected or admitted only in part, *I/we undertake to indemnify the Travel
Industry Compensation Fund Management Board to the extent of the amount of the ex gratia payment or the
difference between the amount of the ex gratia payment and 90% of the amount of the proof of debt, as the case may
be. *I/We also hereby undertake to abandon *my/our claim(s) for the excess of *my/our outbound fare(s) made to the
travel agent upon *my/our receiving the ex gratia payment from the Travel Industry Compensation Fund. (Delete this
sentence if application is not made under the simplified procedure.)
* Delete as appropriate.
Name
Hong Kong
Residential address & Amount paid to travel
(English & Chinese) Identity Card/Passport
Telephone No.
agent
No.
$
1 ................
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25 ................
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Signature
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Note 1: This is applicable only in cases where a proof of debt has been/is to be lodged.
Note 2: If space on both sides of this form is insufficient to accommodate all travellers, please reproduce this Annex
by photocopying for their use.
(L.N. 128 of 1997)
FORM C
TRAVEL AGENTS ORDINANCE
(Cap 218)
APPLICATION FOR EX GRATIA PAYMENT IN RESPECT OF
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
10
AN ACCIDENT FROM THE TRAVEL INDUSTRY
COMPENSATION FUND UNDER SECTION
32E OF THE ORDINANCE
(For use by an applicant applying on his or her own behalf)
I, a client of ........................................................................................................... ,
(name of travel agent)
a licensed travel agent whose licence number is ..................................................................... ,
hereby apply for an ex gratia payment from the Travel Industry Compensation Fund under section 32E of the
Ordinance.
2.
(#
My personal particulars are as follows(a) Name (*Mr/Mrs/Miss/Ms) ............................................ (..................................)
(English)
(Chinese)
Alias (if any) .........................................................................................................
(b) Date of birth ..........................................................................................................
(c) *Hong Kong Identity
Card/Passport No. .................................................................................................
(d) Residential address ................................................................................................
.........................................................................................
#
Telephone No. ......................
Office address ...................................................................................................
.........................................................................................
#
Telephone No. ......................
Please tick the appropriate box, if it is also a correspondence address.)
3.
My application is in respect of a loss incurred in respect of an accident which arises out of and in the course of
an outbound travel service provided by the travel agent(a) the circumstances in which the loss occurred are..............................................................................................................................
..............................................................................................................................
(b) particulars of which loss are(i) medical expenses incurred in the country or place where the accident occurred$ ..................
(ii) expenses incurred by my *relative(s)/former spouse for paying visits to the country or place for a
purpose relating to or consequent upon my injuryName of
*relative/former spouse
Relationship with me
(in the case of a relative)
Amount incurred $
4.
(1)
(2)
...............................
................................
...............................
...............................
................................
................................
In support of the application, I attach the following documents(a) One original receipt or certified true copy thereof duly stamped/franked to show payment of levy to the
Travel Industry Compensation Fund and a total payment of $ .............. made to the travel agent.
(b) A copy of my *Hong Kong Identity Card/Passport.
*(c) One original document showing that the accident has been reported to the relevant authority of the country
or place where the accident occurred.
(d) *One/ ............ original(s) of receipt(s) for the expenses described in paragraph 3(b).
*(e) *One/ ............ original(s) of receipt(s) for the damages or compensation received in respect of the expenses
described in paragraph 3(b).
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
11
5.
*(a) Neither I nor any other person has received any damages or compensation in respect of the expenses
described in paragraph 3(b); and
*(a) *I/ .......................................................................................................................
(name of recipient and relationship with me)
*have/has received damages or compensation in respect of the expenses described in paragraph 3(b); and
*(b) Neither I nor any other person has made a claim or instituted any legal proceedings in respect of those
expenses.
*(b) *I/ .......................................................................................................................
(name of relevant person and relationship with me)
*have/has made a claim or instituted legal proceedings in respect of those expenses.
*(c) Person against whom a claim has been made or legal proceedings have been instituted in respect of those
expenses.............................................................................................................
6.
In consideration of my receiving an ex gratia payment from the Travel Industry Compensation Fund, I hereby
undertake that(a) within 30 days of the date on which I make any claim or institute any legal proceedings or any other person
makes any claim or institutes any legal proceedings in respect of the expenses described in paragraph 3(b), I
shall notify the Travel Industry Compensation Fund Management Board of the full particulars of such claim
or legal proceedings;
(b) in the event that damages or compensation in respect of the expenses described in paragraph 3(b) are or is
paid to me or any other person, I shall pay to the Travel Industry Compensation Fund Management Board
the amount of the ex gratia payment or the amount of damages or compensation so paid to me, whichever is
the less; and
(c) in the event that the amount of the ex gratia payment is in excess of the relevant expenses (as defined in
section 2 of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty)
Rules) reasonably incurred, I shall indemnify the Travel Industry Compensation Fund Management Board
to the extent of the excess.
7.
I solemnly and sincerely declare that all the information given by me in this application is true and correct to the
best of my knowledge and belief and I make this solemn declaration conscientiously believing the same to be true and
by virtue of the provisions of the Oaths and Declarations Ordinance (Cap 11).
................................................
Signature of applicant
Declared at ..................................................................................................................
in Hong Kong this ............... day of ............. 19 ......
Before me,
................................................
Commissioner for Oaths
* Delete as appropriate.
NOTES
1.
The applicant is advised to read Part IIIA of the Travel Agents Ordinance (Cap 218) before submitting this
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
12
application.
2.
Additional information and documentary evidence may be required in support of this application.
3.
This application must be submitted to the Secretary of the Travel Industry Compensation Fund Management
Board or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for
Ex gratia Payments) Rules within 24 months beginning on the date of the accident.
4.
The Travel Industry Compensation Fund Management Board shall have absolute discretion to determine the
amount of, or refuse any application for, ex gratia payment.
5.
This form must be completed in duplicate and sent by post or delivered in person to the Secretary of the Travel
Industry Compensation Fund Management Board at the following addressTravel Agents Registry,
8/F, West Wing,
Central Government Offices,
Lower Albert Road,
Hong Kong.
or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for Ex
gratia Payments) Rules at the following address(L.N. 103 of 1996; L.N. 136 of 1996; L.N. 394 of 1998)
FORM D
TRAVEL AGENTS ORDINANCE
(Cap 218)
APPLICATION FOR EX GRATIA PAYMENT IN RESPECT OF
AN ACCIDENT FROM THE TRAVEL INDUSTRY
COMPENSATION FUND UNDER SECTION
32E OF THE ORDINANCE
(For use by an applicant acting on behalf of an outbound traveller)
I hereby apply for an ex gratia payment from the Travel Industry Compensation Fund under section 32E of the
Ordinance on behalf of .................................................. who was a client of ............................................. (name of
travel
agent),
a
licensed
travel
agent
whose
licence
number
is. ..............................................................................................................
2.
My personal particulars are as follows(a) Name (*Mr/Mrs/Miss/Ms) .................................................... (
)
(English)
(Chinese)
Alias (if any) .........................................................................................................
(b) Date of birth ..........................................................................................................
(c) Occupation ............................................................................................................
(d) *Hong Kong Identity Card/Passport No. ................................................................
(e) Relationship with the traveller .................................................................................
(f) Residential address ................................................................................................
............................................................................................. #
Telephone No. ...........................
Office address ...............................................................................................
........................................................................................... #
Telephone No. ...........................
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
13
(# Please tick the appropriate box, if it is also a correspondence address.)
3.
The personal particulars of the traveller, his particulars of loss and authorization for me to act on his behalf in
applying for and receiving ex gratia payments from the Fund are at the Annex.
4.
The application is in respect of a loss incurred in respect of a accident which arises out of and in the course of an
outbound travel service provided by the travel agent The circumstances in which the loss occurred are.............................................................................................................................................
.............................................................................................................................................
5.
In support of this application, I attach the following documents(a) One original receipt or certified true copy thereof duly stamped/franked to show payment of levy to the
Travel Industry Compensation Fund and a total payment of $ .............. made to the travel agent.
(b) A copy of the traveller's *Hong Kong Identity Card/Passport.
*(c) One original document showing that the accident has been reported to the relevant authority of the country
or place where the accident occurred.
(d) *One/ ............ original(s) of receipt(s) for the expenses described in the Annex.
*(e) *One/ ............ original(s) of receipt(s) for the damages or compensation received in respect of the expenses
described in the Annex.
6.
I solemnly and sincerely declare that(a) I have been authorized by the traveller named in paragraph 1; and
(b) all the information given by me in this application is true and correct to the best of my knowledge and
belief.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the
Oaths and Declarations Ordinance (Cap 11).
..................................................................
Signature of authorized applicant
Declared at ...................................................................................................................
in Hong Kong this ............... day of ........... 19........
Before me,
...........................................................
Commissioner for Oaths
* Delete as appropriate.
NOTES
1.
The applicant is advised to read Part IIIA of the Travel Agents Ordinance (Cap 218) before submitting this
application.
2.
Additional information and documentary evidence may be required in support of this application.
3.
This application must be submitted to the Secretary of the Travel Industry Compensation Fund Management
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
14
Board or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for
Ex gratia Payments) Rules within 24 months beginning on the date of the accident.
4.
The Travel Industry Compensation Fund Management Board shall have absolute discretion to determine the
amount of, or refuse any application for, ex gratia payment.
5.
This form must be completed in duplicate and sent by post or delivered in person to the Secretary of the Travel
Industry Compensation Fund Management Board at the following addressTravel Agents Registry,
8/F, West Wing,
Central Government Offices,
Lower Albert Road,
Hong Kong.
or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for Ex
gratia Payments) Rules at the following addressANNEX
(To be completed by the traveller)
I hereby authorize ................................................ to act on my behalf in applying for and receiving an ex gratia
payment from the Travel Industry Compensation Fund.
2.
My personal particulars are as follows(a) Name (*Mr/Mrs/Miss/Ms) .............................................. (
)
(English)
(Chinese)
Alias (if any) ..........................................................................................................
(b) Date of birth ..........................................................................................................
(c) *Hong Kong Identity Card/Passport No. ................................................................
(d) Residential address ................................................................................................
............................................................................................. #
Telephone No. ...........................
Office address ...............................................................................................
............................................................................................ #
Telephone No. ...........................
(# Please tick the appropriate box, if it is also a correspondence address.)
3.
Particulars of my loss are(a) medical expenses incurred in the country or place where the accident occurred- $ ..................
(b) expenses incurred by my *relative(s)/former spouse for paying visits to the country or place for a purpose
relating to or consequent upon my injury-
Name of
*relative/former spouse
Relationship with me
(in the case of a relative)
Amount incurred $
4.
(1)
(2)
...............................
................................
...............................
...............................
................................
................................
*(a) Neither I nor any other person has received any damages or compensation in respect of the expenses
described in paragraph 3; and
*(a) *I/ .......................................................................................................................
(name of recipient and relationship with me)
*have/has received damages or compensation in respect of the expenses described in paragraph 3; and
*(b) Neither I nor any other person has made a claim or instituted any legal proceedings in respect of those
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
15
expenses.
*(b) *I/ .......................................................................................................................
(name of relevant person and relationship with me)
*have/has made a claim or instituted legal proceedings in respect of those expenses.
*(c) Person against whom a claim has been made or legal proceedings have been instituted in respect of those
expenses..............................................................................................................................
5.
In consideration of my receiving an ex gratia payment from the Travel Industry Compensation Fund, I hereby
undertake that(a) within 30 days of the date on which I make any claim or institute any legal proceedings or any other person
makes any claim or institute any legal proceedings in respect of the expenses described in paragraph 3, I
shall notify the Travel Industry Compensation Fund Management Board of the full particulars of such claim
or legal proceedings;
(b) in the event that damages or compensation in respect of the expenses described in paragraph 3 are or is paid
to me (or any other persons), I shall pay to the Travel Industry Compensation Fund Management Board the
amount of the ex gratia payment or the amount of damages or compensation so paid to me, whichever is the
less; and
(c) in the event that the amount of the ex gratia payment is in excess of the relevant expenses (as defined in
section 2 of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty)
Rules) reasonably incurred, I shall indemnify the Travel Industry Compensation Fund Management Board
to the extent of the excess.
6.
I solemnly and sincerely declare that all the information given by me in this application is true and correct to the
best of my knowledge and belief and I make this solemn declaration conscientiously believing the same to be true and
by virtue of the provisions of the Oaths and Declarations Ordinance (Cap 11).
..........................................
Signature of traveller
Declared at ..................................................................................................................
in Hong Kong this .............. day of ............. 19 ......
Before me,
...................................................
Commissioner for Oaths
* Delete as appropriate.
(L.N. 103 of 1996; L.N. 136 of 1996; L.N. 394 of 1998)
FORM E
TRAVEL AGENTS ORDINANCE
(Cap 218)
APPLICATION FOR EX GRATIA PAYMENT IN RESPECT OF
AN ACCIDENT FROM THE TRAVEL INDUSTRY
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
16
COMPENSATION FUND UNDER SECTION
32E OF THE ORDINANCE
(For use by an applicant applying on behalf of an infant
traveller or in the case where the accident results
in the death of a traveller)
I, the .................................................................................................................. of
(relationship with *infant/deceased traveller)
............................................................................. hereby apply for an ex gratia payment
(name of *infant/deceased traveller)
from the Travel Industry Compensation Fund under section 32E of the Ordinance. The *infant/deceased traveller was
a client of ................................................. a licensed travel
(name of travel agent)
agent whose licence number is ..........................................
2.
My personal particulars are as follows(a) Name (*Mr/Mrs/Miss/Ms) ........................................... (
)
(English)
(Chinese)
Alias (if any) ..........................................................................................................
(b) Date of birth ..........................................................................................................
(c) *Hong Kong Identity
Card/Passport No. ...............................................................................................
(d) Residential address ................................................................................................
............................................................................................ #
Telephone No. ...........................
Office address ...............................................................................................
............................................................................................. #
Telephone No. ...........................
(# Please tick the appropriate box, if it is also a correspondence address.)
3.
The personal particulars of the *infant/deceased traveller are as follows(a) Name (*Mr/Mrs/Miss/Ms) ............................................. (
)
(English)
(Chinese)
Alias (if any) ........................................................................................
(b) Date of birth ..........................................................................................................
*Date of death .......................................................................................................
(c) *Hong Kong Identity
Card/Passport No. ...............................................................................................
(d) Residential address
*immediately before death ......................................................................................
4.
My application is in respect of a loss incurred in respect of an accident which arises out of and in the course of
an outbound travel service provided by the travel agent(a) the circumstances in which the loss occurred are..............................................................................................................................
..............................................................................................................................
(b) particulars of which loss are*(i) medical expenses incurred in the country or place where the accident occurred$ .....................
*(ii) expenses incurred in the country or place in relation to the funeral of the deceased or incurred in
relation to the delivery of the dead body (including ashes
after cremation thereof) back to Hong Kong- $ .................
*(iii) expenses incurred by the *relative(s)/former spouse of the *infant/deceased for paying visits to the
country or place for a purpose relating to or consequent upon the injury or death-
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
17
Name of
*relative/former spouse
Relationship with the
*infant/deceased (in the case of a relative)
(1)
(2)
...............................
................................
...............................
................................
Amount incurred $
...............................
................................
*(iv) expenses incurred by the *relative(s)/former spouse of the deceased in visiting Hong Kong for a
purpose connected with the deathName of
*relative/former
spouse
Relationship with the
deceased (in the
case of a relative)
Amount incurred $
(1)
(2)
...............................
................................
...............................
...............................
................................
................................
5.
In support of the application, I attach the following documents(a) One original receipt or certified true copy thereof duly stamped/franked to show payment of levy to the
Travel Industry Compensation Fund and a total payment of $ ............... made to the travel agent.
(b) A copy of my *Hong Kong Identity Card/Passport.
(c) A copy of the *infant's/deceased's *Hong Kong Identity Card/Passport/birth certificate.
(d) One original ....................................... showing my relationship with the *infant/deceased or certified true
copy thereof.
*(e) One original document showing that the accident has been reported to relevant authority of the country or
place where the accident occurred. (L.N. 259 of 1997)
(f) *One/ .................... original(s) of receipt(s) for the expenses described in paragraph 4(b).
*(g) *One/ .................... original(s) of receipt(s) for the damages or compensation received in respect of the
expenses described in paragraph 4(b).
6.
*(a)
*(a)
*(b)
*(b)
*(c)
Neither I nor any other person has received any damages or compensation in respect of the expenses
described in paragraph 4(b); and
*I/ ................................................................................................................
(name of recipient and relationship with the *infant/deceased)
*have/has received damages or compensation in respect of the expenses described in paragraph 4(b); and
Neither I nor any other person has made a claim or instituted any legal proceedings in respect of those
expenses.
*I/ ................................................................................................................
(name of relevant person and relationship with the *infant/deceased)
*have/has made a claim or instituted legal proceedings in respect of those expenses.
Person against whom a claim has been made or legal proceedings have been instituted in respect of those
expenses.....................................................................................................................
7.
In consideration of my receiving an ex gratia payment from the Travel Industry Compensation Fund, I hereby
undertake that(a) within 30 days of the date on which I make any other claim or institute any legal proceedings or any other
person makes any claim or institutes any legal proceedings in respect of the expenses described in paragraph
4(b), I shall notify the Travel Industry Compensation Fund Management Board of the full particulars of
such claim or legal proceedings;
(b) in the event that damages or compensation in respect of the expenses described in paragraph 4(b) are or is
paid to me or any other person, I shall pay to the Travel Industry Compensation Fund Management Board
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
18
the amount of the ex gratia payment or the amount of damages or compensation so paid to me, whichever is
the less ; and
(c) in the event that the amount of the ex gratia payment is in excess of the relevant expenses (as defined in
section 2 of the Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty)
Rules) reasonably incurred, I shall indemnify the Travel Industry Compensation Fund Management Board
to the extent of the excess.
8.
I solemnly and sincerely declare that all the information given by me in this application is true and correct to the
best of my knowledge and belief and I make this solemn declaration conscientiously believing the same to be true and
by virtue of the provisions of the Oaths and Declarations Ordinance (Cap 11).
..........................................
Signature of applicant
Declared at ..................................................................................................................
in Hong Kong this .............. day of ............. 19 ......
Before me,
.............................................
Commissioner for Oaths
* Delete as appropriate.
NOTES
1.
The applicant is advised to read Part IIIA of the Travel Agents Ordinance (Cap 218) before submitting this
application.
2.
Additional information and documentary evidence may be required in support of this application.
3.
This application must be submitted to the Secretary of the Travel Industry Compensation Fund Management
Board or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for
Ex gratia Payments) Rules within 24 months beginning on the date of the accident.
4
The Travel Industry Compensation Fund Management Board shall have absolute discretion to determine the
amount of, or refuse any application for, ex gratia payment.
5
This form must be completed in duplicate and sent by post or delivered in person to the Secretary of the Travel
Industry Compensation Fund Management Board at the following addressTravel Agents Registry,
8/F, West Wing,
Central Government Offices,
Lower Albert Road,
Hong Kong.
or the person appointed under section 3(5)(a) of the Travel Industry Compensation Fund (Procedure for Ex
gratia Payments) Rules at the following address-
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
19
(L.N. 103 of 1996; L.N. 136 of 1996; L.N. 394 of 1998; L.N. 26 of 1999)
Cap 218F - TRAVEL INDUSTRY COMPENSATION FUND (PROCEDURE FOR EX GRATIA PAYMENTS) RULES
20