Legislative Council

LC Paper No. LS 95/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 15 January 1999

Legal Service Division Further Report on
Travel Industry Compensation Fund (Amount of Ex gratia Payments
and Financial Penalty) (Amendment) Rules 1998
(L.N. 394 of 1998)

Members will recall that the Legal Service Division made a report to the House Committee on 8 January 1999 on the above Rules (LC Paper No. 86/98-99 refers). To recap, the Rules allow an overseas relative or a former spouse of an outbound traveller killed or injured in accidents whilst touring abroad to be granted an ex gratia payment.

2. At the meeting of the House Committee, we informed Members that the Administration would suggest to the Travel Industry Compensation Fund Management Board to make further consequential amendments to the forms for use in claiming ex gratia payments by the end of January 1999. We undertook to seek further clarification from the Administration on how the amendments would be made.

3. The Administration has confirmed that further consequential amendments would be made to the forms to allow an overseas relative or a former spouse of a deceased outbound traveller to claim for expenses reasonably incurred in visiting Hong Kong for a purpose connected with the traveller's death. Further, they would arrange to have such consequential amendments published in the Gazette on 29 January 1999.

4. Subject to the above further consequential amendments, these Rules are in order from the legal point of view. Members are recommended not to take legislative action in respect of the Rules. We will make a separate report on the further consequential amendments on their publication in the Gazette.

Prepared by
Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
13 January 1999