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In order to promote the healthy development of the inland residents' traveling to the Hong Kong and Macao Special Administrative Regions, and upon consultation by the relevant department of the State Council with the Offices of Chief Executive of Hong Kong and Macao Special Administrative Regions, it is approved that, as of October 1, 2002, 528 tour organizing agencies for outbound travel may operate the business of organizing tours of inland residents to travel to Hong Kong and Macao. We hereby notify the relevant provisions as follows with a view to defending the lawful rights and interests of the operators and tourists traveling to Hong Kong and Macao, and regulating the market order for the travels to Hong Kong and Macao: I. An inland resident who intends to travel to the Hong Kong or Macao Special Administrative Region shall bring with him the "Pass to and from Hong Kong and Macao" and the valid endorsement. The tourists' certificates for traveling to Hong Kong and Macao and their endorsements shall be in compliance with the provisions of the Ministry of Public Security. II. A tour organizing agency operating the business of traveling to Hong Kong and Macao (hereinafter referred to "tour organizing agency") shall, within the scope recommended by the tourism departments or the industrial associations of Hong Kong and Macao, choose reception agencies at their own free will (the name list of those recommended by the Travel Industry Council of Hong Kong and Macao Tourist Office is attached in the end of the present notice), and shall conclude written contracts on traveling to Hong Kong and Macao, clarifying the responsibilities and obligations of both parties. The texts of the written contracts must be submitted to the tourism administration (or the industrial association) of Hong Kong or Macao Special Administrative Region, and to the inland tourist bureau at the provincial level for record. III. A tour organizing agency operating the business of traveling to Hong Kong and Macao shall conclude written contracts with tourists. A tour contract shall include contents such as the start time and end time, travel routes, price, board and accommodation, traffic and breach liabilities. A tour contract shall be held by both the tour organizing agency and tourists, with either of them keeping one copy. IV. A tourist traveling to Hong Kong and Macao may, with the "Pass to and from Hong Kong and Macao", the endorsement and the "Name List of Inland Resident Tourists Traveling to the Hong Kong and Macao Special Administrative Regions" (hereinafter referred to the "Name List"), depart from or enter into the territory at the open ports of the state. V. The "Name List" may be freely printed and produced by the tour organizing agencies themselves according to the uniform pattern (The pattern of the "Name List" is attached in the end of the present notice). VI. The "Name List" shall be in one original, four sheets. It shall be checked by the tourist administration at the provincial level or the authorized administration on the prefecture level before the tourists start their travel, and no one may be added to a checked "Name List". The first and second sheets of the "Name List" shall be inspected by the inland frontier post and shall be separately preserved at the time of entry into or departure from the territory. The third sheet shall be inspected and preserved by Hong Kong Immigration Department, and the fourth sheet shall be inspected and preserved by Macao Entry and Exit Affairs Department (if the number of tourists in the tour is decreased, it shall be separately indicated by the relevant inspection organs of the inland, Hong Kong and Macao on the second sheet). A tour organizing agency may, 24 hours before the start of the tour, send the "Name List" by fax or by computer network to the frontier post at the inland port of departure and the port of entry in Hong Kong or Macao for preliminary inspection. VII. A tour organizing agency shall dispatch a team leader for a tour traveling to Hong Kong or Macao. The team leader shall be a person who holds a certificate of team leader. The tour shall arrange the tourists to depart from and enter into the territory according to the determined dates, and all tourists are strictly prohibited from staying out of the territory overtime. VIII. Where the tourists have determined before departing from the territory to come back in separate tours, the tour organizing agency shall report in advance to the relevant general frontier post for entry and exit or the public security department of frontier at the provincial level for record. Where, after departing from the territory, the tourists indeed need to enter the territory in separate tours due to force majeure or other particular reasons, the team leader shall notify the tour organizing agency in time, and the tour organizing agency shall immediately report to the relevant entry and exit general frontier post or public security department of frontier at the provincial level for record. The frontier post shall release the tours with the "Pass to and from Hong Kong and Macao", the endorsement and the "Name List"; those who respectively come back alone shall bring with a duplicate of the "Name List" in addition. IX. The tour organizing agencies shall strictly abide by the relevant provisions of the state on outbound travel, and shall not operate in excess of the scope; they shall not make or publicize false tourism advertisements or tourism advertisements which have not been checked or approved by the competent department; they shall not carry out tourist business with the non-designated reception agencies or arbitrarily increase or reduce the touring items during the journey; they shall not force or induce any of the tourists to go shopping or receive services at their own expenses, and shall not purchase goods out of the plan; they shall not charge "zero tour fee" or "negative tour fee", sell their services at a price lower than the cost, or damage the benefits of the tourists by fraudulent means; they shall not organize or induce the tourists to enter erotic places. Upon receipt of the present notice, you are requested to immediately notify the tour organizing agencies operating the business of traveling to Hong Kong and Macao to earnestly implement all provisions in the "Notice". Each department of tourism administration at the provincial level shall intensify its supervision on the tour organizing agencies, and shall strictly punish those which violates the provisions, and even revoke any violator's qualification to operate the business of traveling to Hong Kong and Macao if the case is serious. Since October 1, 2002, 528 tour organizing agencies operating the business of traveling to Hong Kong and Macao (the name list is attached in the end of the present notice) shall carry out the business of traveling to Hong Kong and Macao pursuant to the requirements in the "Notice". Annexes: 1. Pattern of the "Name List of Inland Resident Tourists Traveling to Hong Kong and Macao Special Administrative Regions" (omitted) 2. Name List of Franchised Travel Agencies Operating the Business of Inland Residents' Traveling to Hong Kong and Macao Regions (omitted) 3. Name List of the Travel Agencies Receiving Inland Tours to Hong Kong Special Administrative Region (omitted) 4. Name List of the Travel Agencies Receiving Inland Tours to Macao Special Administrative Region (omitted) |
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