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Following is the question by the Hon Howard Young and a written reply by the Secretary for Economic Development and Labour, Mr Stephen Ip, in the Legislative Council today (November 2):
Question:
Recently, some travel agents, in collaboration with small airlines, offer outbound tours at very low prices. Some people who have joined such tours have reflected to me that, as the aircrafts owned by these airlines are few in number and rather old and worn-out, flights are often delayed or cancelled because of failure or emergency repairs of such aircrafts, thereby causing disruption to the tour itineraries. In this connection, will the Government inform this Council how the authorities monitor the flight services provided by these airlines to ensure aviation safety and protect the rights and interests of consumers?
Reply:
Madam President,
All airlines operating in Hong Kong and flights coming in and out of Hong Kong are subject to the regulatory regime and safety standards set by the International Civil Aviation Organisation (ICAO), regardless of their size or services offered. Under this regime and the laws of Hong Kong, the Civil Aviation Department (CAD) is the regulatory authority for aviation safety. Through approval of flight operations, licensing of aircrew and aviation professionals, conducting flight checks and inspection of maintenance organisations, CAD ensures that Hong Kong-registered airlines comply with all relevant safety standards. In accordance with the ICAO regime, the regulation of non-Hong Kong-registered airlines is undertaken by their respective aeronautical authorities. CAD also requires proof of valid safety documents and may conduct checks on non-Hong Kong airlines to ensure compliance.
To ensure consumers are provided with a reasonable level of service, the Supply of Services (Implied Terms) Ordinance stipulates that a supplier of service is obliged to carry out the service with reasonable care and skill and within reasonable time. Like any other service suppliers, airlines are subject to the application of the Ordinance. Should a consumer consider that an airline has not carried out its service within a reasonable time, he/she may make civil claims against the airline. In the case of disruption of itineraries of outbound tour groups due to flight delays or cancellation of services by the airlines, the Travel Industry Council requests that travel agents should help affected tour group members to seek compensation from the airlines concerned.
Ends/Wednesday, November 2, 2005
Issued at HKT 14:09
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