To establish the Hong Kong Tourism Board as a body corporate and to provide for its objects and powers; and for related matters.
(Replaced 3 of 2001 s. 2)
[21 June 1957]
(Format changes—E.R. 6 of 2019)
This Ordinance may be cited as the Hong Kong Tourism Board Ordinance.
(Amended 3 of 2001 s. 3)
In this Ordinance, unless the context otherwise requires—
Association (協會) means the Hong Kong Tourist Association established under section 3 that was in force immediately before the day appointed for the coming into operation of Part II of the Hong Kong Tourist Association (Amendment) Ordinance 2001 (3 of 2001); (Amended 56 of 1974 s. 3; 3 of 2001 s. 4) Board (發展局) means the Hong Kong Tourism Board established by section 3(1); (Added 3 of 2001 s. 4) Chairman (主席) means the Chairman of the Board appointed under section 9(5) or the person who acts in that office under section 9(7); (Added 3 of 2001 s. 4) Deputy Chairman (副主席) means the Deputy Chairman of the Board appointed under section 9(5); (Added 3 of 2001 s. 4) Deputy Executive Director (副總幹事) means a Deputy Executive Director of the Board appointed under section 8(1); (Added 3 of 2001 s. 4) Executive Director (總幹事) means the Executive Director of the Board appointed under section 8(1); (Added 3 of 2001 s. 4) financial year (財政年度) means a period of 12 months beginning on 1 April; hotel operator (酒店營運人) means a natural person who operates, keeps, manages or is otherwise in control of a licensed hotel; (Added 6 of 2020 s. 48) licensed hotel (持牌酒店) means premises for which a hotel licence as defined by section 2(1) of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) is in force; (Added 6 of 2020 s. 48) licensed restaurant (持牌食肆) means a restaurant within the meaning of section 31 of the Food Business Regulation (Cap. 132 sub. leg. X) and is licensed under that section; (Added 3 of 2001 s. 4. Amended E.R. 6 of 2019) licensed travel agent (持牌旅行代理商) means a natural person who is engaged in the business of a licensed travel agent licensed under the Travel Industry Ordinance (Cap. 634); (Replaced 37 of 2018 s. 171 and E.R. 1 of 2019) member (成員) means a member of the Board appointed under section 9(1); (Added 3 of 2001 s. 4) passenger carrier (客運商) means a natural person who is engaged in the business of providing carriage for passengers into and out of Hong Kong; (Added 3 of 2001 s. 4) restaurant operator (食肆營運人) means a natural person who operates, keeps or manages a licensed restaurant or who is otherwise in control of a licensed restaurant; (Added 3 of 2001 s. 4) retailer (零售商) means a natural person who is engaged in a retail business in Hong Kong; (Added 3 of 2001 s. 4) tour operator (旅遊經營商) means a natural person who is engaged in a business in Hong Kong, and that business includes the organization of tours for or supplying of guides to visitors to Hong Kong. (Added 77 of 1982 s. 2. Amended 3 of 2001 s. 4)(Amended 6 of 2020 s. 48)
(Repealed 23 of 1998 s. 2)
(Amended 24 of 1960 s. 2; 23 of 1998 s. 2; 3 of 2001 s. 4)
There is established by this section a body with the name “Hong Kong Tourism Board” in English and “香港旅遊發展局” in Chinese.
The Board is a body corporate and has perpetual succession.
The Board may sue and be sued either in its English name or in its Chinese name.
(Replaced 3 of 2001 s. 5)
The objects of the Board shall be— (Amended 3 of 2001 s. 6)
to endeavour to increase the contribution of tourism to Hong Kong; (Amended 3 of 2001 s. 6)
to promote Hong Kong globally as a leading international city in Asia and a world class tourist destination; (Replaced 3 of 2001 s. 6)
to promote the improvement of facilities for visitors;
to support the Government in promoting to the community the importance of tourism; (Replaced 3 of 2001 s. 6)
to support, as appropriate, the activities of persons providing services for visitors to Hong Kong; (Amended 3 of 2001 s. 6)
to make recommendations to and advise the Chief Executive in relation to any measures which may be taken to further any of the foregoing matters. (Amended 36 of 1999 s. 3)
(Amended 77 of 1982 s. 13)
The Board shall have a common seal, and the fixing of the seal shall be authenticated by the signatures of—
the Chairman, or a member who is authorized for that purpose by the Board either generally or specially; and
some other person authorized for that purpose by the Board, either generally or specially.
Any instrument purporting to be an instrument duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be taken to be an instrument so executed.
(Replaced 3 of 2001 s. 7)
Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the Board by any person generally or specially authorized by the Board for that purpose.
(Replaced 3 of 2001 s. 8)
The Board may do the following—
acquire, take on lease, purchase, hold, hire and enjoy any lands, premises and other property of any kind, and dispose of the same;
subject to the restrictions on future financial commitments set out in section 14A, enter into any contract;
engage in, assist, promote and advance such activities as are conducive to the better carrying out of the objects of the Board;
with the approval of the Financial Secretary, invest money not immediately required for the purposes of the Board;
with the approval of the Financial Secretary and subject to such conditions as the Financial Secretary may determine, borrow or otherwise raise money on such security as may be necessary;
for the purpose of borrowing or otherwise raising money in accordance with paragraph (e) charge all or any part of the property of the Board;
make copyright, trade mark and other intellectual property applications;
appoint such staff, agents or contractors as the Board considers necessary to carry out its objects;
delegate to the Executive Director, Deputy Executive Director or any other employees of the Board such of its powers and duties as it may consider expedient for the efficient conduct and management of the affairs of the Board; however, this delegation does not preclude the Board from exercising or performing at any time any of the powers or duties so delegated;
enter into, accept the assignment of, and vary or rescind any contract, agreement, memorandum of understanding or obligation;
publish periodicals, booklets and other written material, and produce or sponsor the production of documentary films and other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Board thinks fit;
establish and maintain offices both in and outside Hong Kong;
do all such things as are calculated to facilitate, or as are incidental or conducive to, the exercising or performing of the powers or duties of the Board and the better carrying out of the objects of the Board.
(Replaced 3 of 2001 s. 9)
The Board shall, subject to subsection (3), appoint—
1 Executive Director; and
1 or more Deputy Executive Directors.
The Executive Director is the chief administrative officer of the Board.
The appointment of the Executive Director and the Deputy Executive Director, and the determination of their remuneration and other terms of appointment, shall be subject to the approval of the Chief Executive.
(Replaced 3 of 2001 s. 10)
The Board shall consist of 20 members who are natural persons to be appointed by the Chief Executive.
Of the 20 members—
2 shall be passenger carriers;
2 shall be hotel operators;
1 shall be a licensed travel agent;
1 shall be a tour operator;
1 shall be a retailer; and
1 shall be a restaurant operator.
The term of a member is 3 consecutive years, or such lesser period as the Chief Executive may determine at the time of appointment.
The Chief Executive may reappoint a member on the expiry of the term of that member.
The Board shall have a Chairman and a Deputy Chairman who are to be appointed by the Chief Executive from among the members.
The Chairman and Deputy Chairman hold office so long as they continue to be members.
If the Chairman is temporarily incapacitated by injury or illness, or is temporarily absent from Hong Kong, the Deputy Chairman shall act in the office of the Chairman during the period when the Chairman is incapacitated by injury or illness, or is absent from Hong Kong.
If the office of Chairman is vacant as a result of resignation or removal under section 10 or otherwise, the Deputy Chairman shall act in the office of the Chairman pending the appointment of a new Chairman.
If the office of Deputy Chairman is also vacant, the Chief Executive shall appoint a member to act in the office of the Chairman—
during the period when the Chairman is incapacitated by injury or illness, or is absent from Hong Kong; or
pending the appointment of a new Chairman.
(Replaced 3 of 2001 s. 11)
(Spent)
A member may resign by giving a notice in writing to the Chief Executive.
The Chairman or Deputy Chairman may resign by giving a notice in writing to the Chief Executive.
The Chief Executive may remove a person from the office of member, Chairman or Deputy Chairman if the Chief Executive is satisfied that the member, Chairman or Deputy Chairman—
has become bankrupt or made a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with creditors; or
is incapacitated by physical or mental illness; or
is otherwise unable or unfit to exercise or perform the powers or duties of a member, Chairman or Deputy Chairman.
(Replaced 3 of 2001 s. 12)
(Repealed 3 of 2001 s. 13)
(Repealed 3 of 2001 s. 14)
(Repealed 3 of 2001 s. 15)
(Repealed 3 of 2001 s. 16)
The Board shall not without the Chief Executive’s approval in any financial year enter into any contract if the expenditure under the contract together with all other contracts previously entered into is likely to involve expenditure by the Board in any subsequent financial year under any major head of expenditure specified by the Board under section 17B of an amount or aggregate amount exceeding the amount in the estimate of expenditure approved by the Chief Executive under section 17B for the same major head of expenditure for the financial year in which the contract is entered into (and not transferred to any other major head by the Board) together with any other sum transferred to that head by the Board during that financial year (other than a sum transferred from any unallocated balance or surplus shown in the estimates for that financial year).
(Added 58 of 1989 s. 2. Amended 36 of 1999 s. 3)
(Repealed 3 of 2001 s. 18)
(Repealed 3 of 2001 s. 19)
The Chief Executive in Council may, if he considers the public interest so requires, give directions in writing to the Board with respect to the exercise of its powers and the performance of its duties under this Ordinance, and the Board shall comply with those directions.
No such direction shall be inconsistent with any provision of this Ordinance.
(Added 71 of 1979 s. 4. Amended 36 of 1999 s. 3)
Subject to subsection (3), the Board may from time to time appoint such committees as it considers necessary for securing the efficient discharge of its functions and may delegate to any such committee any of its powers and duties. (Amended 3 of 2001 s. 21)
Any person may be appointed a member of any such committee notwithstanding that he is not a member of the Board.
A delegation under subsection (1) does not preclude the Board from exercising or performing the powers or duties that have been delegated. (Added 3 of 2001 s. 21)
Each financial year there shall be paid to the Board out of moneys provided by the Legislative Council the sum the Chief Executive approves for the purpose of assisting the Board to carry out its objects and to exercise its functions.
(Added 58 of 1989 s. 4. Amended 36 of 1999 s. 3; 3 of 2001 s. 22)
Each financial year, before a date appointed by the Secretary for Culture, Sports and Tourism, the Board shall forward to the Secretary for Culture, Sports and Tourism, for the approval of the Chief Executive, a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (Amended L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)
The Board shall set out in its estimates the source of all income and shall set out the distribution of expenditure under the following major heads—
staff emoluments (including provision for provident fund benefits, medical expenses and other ancillary pecuniary benefits);
capital expenditure exceeding such sum on any one item as the Secretary for Culture, Sports and Tourism may approve; (Amended L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)
recurrent expenditure other than expenditure shown under major head (a) and capital expenditure other than expenditure shown under major head (b);
other non-recurrent expenditure on proposed activities,
and shall show in the estimates all unallocated balances and surpluses available for use in the financial year to which the estimates relate.
Each major head of expenditure shall show clearly the distribution of all moneys and shall contain the particulars and information that the Chief Executive may require.
Where several matters are dealt with under one head, each matter shall be itemised and be shown in a separate sub-head relating to similar items of expenditure, and shall contain the particulars and information that the Chief Executive may require.
The Board without the approval of the Chief Executive may—
transfer from its unallocated balances or surpluses (if any) shown in its estimates to any major head of expenditure or from any major head or heads of expenditure to any other major head of expenditure an amount or amounts in aggregate not exceeding 20% of the amount approved for the major head to which the sum is or sums are transferred; and
transfer any amount or amounts without restriction, from any sub-head to any other sub-head within the same major head of expenditure.
Except as permitted by subsection (5)(a), the Board shall not transfer any amount to any major head of expenditure without the approval of the Chief Executive.
The Board may expend on any major head of expenditure or any sub-head only the sums approved by the Chief Executive (and not transferred to any other major head or sub-head) and any sum transferred to it under subsection (5).
Until subsection (2) comes into operation, the Board shall set out in its estimates the source of all income and shall set out the distribution of expenditure under the major heads approved by the Secretary for Culture, Sports and Tourism. (Amended L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)
(Added 58 of 1989 s. 4. Amended 36 of 1999 s. 3)
The Board shall keep proper accounts and proper records in relation to it, and shall prepare in respect of each financial year a statement of accounts. (Amended 3 of 2001 s. 24)
The accounts shall be audited annually by an auditor appointed by the Chief Executive. (Amended 36 of 1999 s. 3)
As soon as possible after the accounts for any financial year have been audited, a copy of the statement of accounts prepared in accordance with this section, together with a copy of any report made by the auditor on that statement or on the accounts, shall be laid on the table of the Legislative Council.
The Board shall, as soon as possible after the end of each financial year, make to the Chief Executive a report on its activities during that year. (Amended 3 of 2001 s. 25)
The Secretary for Culture, Sports and Tourism shall lay a copy of every such report on the table of the Legislative Council. (Amended L.N. 362 of 1997; L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)
(Amended 36 of 1999 s. 3)
The Board may, with the approval of the Chief Executive in Council, by rules prescribe or provide for— (Amended 36 of 1999 s. 3)
the manner of convening any meeting of the Board; (Amended 3 of 2001 s. 26)
regulating the proceedings (including the quorum) at any meeting of the Board; (Amended 3 of 2001 s. 26)
(Repealed 3 of 2001 s. 26)
generally, for the exercise of its powers and duties under this Ordinance.
(Repealed 3 of 2001 s. 27)
Subject to this Ordinance, the proceedings at any meeting of the Board shall be conducted in such manner as the Board may determine.
(Replaced 3 of 2001 s. 28)
The validity of any proceedings of the Board shall not be affected by any defect in the appointment of any of its member or by any vacancy among its members.
(Replaced 3 of 2001 s. 29)
(Repealed 3 of 2001 s. 30)
Except with the written consent of the Board or other reasonable excuse, a person shall not incorporate or form, or be a director, office bearer or organizer of any company, body corporate, firm or organization which— (Replaced 3 of 2001 s. 31)
purports or holds itself out to be—
the Board or any branch or part of the Board; or
connected or associated with the Board in any manner; or
uses a title in any language which so resembles the title “Hong Kong Tourism Board” or “香港旅遊發展局” as to deceive or mislead any person in believing that the company, body corporate, firm or organization is—
the Board or any branch or part of the Board; or
connected or associated with the Board in any manner.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (Amended 77 of 1982 s. 12)
(Added 56 of 1974 s. 6. Amended 3 of 2001 s. 31)
Except with the written consent of the Board or other reasonable excuse, a person shall not use or be in possession for use a former badge or emblem.
A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
In this section—
former badge or emblem (舊徽章或標記) means—(a)any badge of the Association, which badges are portrayed in the Schedule, or any copy or replica of the badge in any colour or size whatsoever; or(b)any badge, emblem or other device containing the words “Hong Kong Tourist Association” or the characters “香港旅遊協會”; or(c)any badge, emblem or other device that so resembles any badge, emblem or other device of the Association as to be capable of being mistaken for the badge, emblem or other device.This section expires at midnight on 31 December 2010 or such later date as the Legislative Council may by resolution determine.
(Replaced 3 of 2001 s. 32)
Except with the written consent of the Board or other reasonable excuse, a person shall not incorporate or form, or be a director, office bearer or organizer of any company, body corporate, firm or organization which—
purports or holds itself out to be—
the Association or any branch or part of the Association; or
connected or associated with the Association in any manner; or
uses a title in any language which so resembles the title “Hong Kong Tourist Association” or “香港旅遊協會” as to deceive or mislead any person in believing that the company, body corporate, firm or organization is—
the Association or any branch or part of the Association; or
connected or associated with the Association in any manner.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
This section expires at midnight on 31 December 2010 or such later date as the Legislative Council may by resolution determine.
(Added 3 of 2001 s. 33)
(Replaced 52 of 1965 s. 2. Amended 22 of 1972 s. 2; 56 of 1974 s. 8; L.N. 111 of 1975; L.N. 336 of 1983)