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Sunday, 13 February 2011
Payout for tour dispute raises legal issues
A mainland couple who fought with a tour guide reportedly received a hefty sum in compensation, sparking a debate about whether this was proper with criminal proceedings then pending.
A mainland couple who fought with a tour guide reportedly received a hefty sum in compensation, sparking a debate about whether this was proper with criminal proceedings then pending.
Zhang Yong and his wife Chai Huafang scuffled with tour guide Lam Yu-yung after a dispute erupted between them on Saturday.
The couple from Anhui were promised HK$120,000 in compensation by a tourist agency, media reported yesterday. Tourism sector lawmaker Paul Tse Wai-chun confirmed that the couple were paid but did not state the amount.
“I have heard from a reliable source that compensation is in place. But it is not appropriate for me to spell out the exact amount,” he said.
Tse did not believe there were conditions attached. “It is mainly something to resolve the incident in a satisfactory way ... I believe it did not involve any conditions, in particular, for dropping a court case,” he said.
A police spokesman said they had no information about the payout.
Immediately after the altercation, an angry Zhang, who showed his injuries to the media, said he would seek legal action. But the next day before entering the Kowloon City Court, he said it was a misunderstanding and accepted Lam’s apology.
The couple and the guide agreed to refrain from the use or threat of violence in court on Monday. The charges were dropped and they were bound for a year for HK$1,000.
Tony Liu Kit-ming, a veteran detective and chairman of the Police Inspectors’ Association, said that given compensation had been offered to the couple before the case proceeded in court, it could raise questions about whether the legal process was being abused. “There are difficulties in pursuing this case as some witnesses had left Hong Kong, but this is not something that’s impossible to follow up,” Liu said.
But lawmaker James To Kun-sun, chairman of the security panel, said the case was impossible to pursue as the tour agency could claim the money was civil compensation for the tourists’ injuries and for their visit being cut short. “I would like to remind tourists to be cautious if they decide to accept monetary offers to settle a criminal dispute, which is a very dangerous act no matter whether it might lead to the course of justice being perverted,” To said.
Tour operators said it was rare for an agency to offer a cash settlement. Wong Wai-wing, chairman of the Hong Kong Association of Registered Tour Co-ordinators, said that agencies should wait until after the Travel Industry Council review before they start compensating tourists.
Hong Kong Association of Travel Agents chairman Paul Leung Yiu-lam said services - such as an extra dinner or a visit to theme parks - were usually offered to angry tourists.
Referring to comments about a rise in complaints, Michael Wu Siu-ieng, chairman of the Travel Industry Council, said: “If travel agencies are providing excellent services to tourists, why should they worry?”
Mainland visitor numbers rose 16 per cent to a record 662,928 over the holiday, the Tourism Board said.
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Payout for tour dispute raises legal issues
Amy Nip and Phyllis Tsang
10 February 2011
A mainland couple who fought with a tour guide reportedly received a hefty sum in compensation, sparking a debate about whether this was proper with criminal proceedings then pending.
Zhang Yong and his wife Chai Huafang scuffled with tour guide Lam Yu-yung after a dispute erupted between them on Saturday.
The couple from Anhui were promised HK$120,000 in compensation by a tourist agency, media reported yesterday. Tourism sector lawmaker Paul Tse Wai-chun confirmed that the couple were paid but did not state the amount.
“I have heard from a reliable source that compensation is in place. But it is not appropriate for me to spell out the exact amount,” he said.
Tse did not believe there were conditions attached. “It is mainly something to resolve the incident in a satisfactory way ... I believe it did not involve any conditions, in particular, for dropping a court case,” he said.
A police spokesman said they had no information about the payout.
Immediately after the altercation, an angry Zhang, who showed his injuries to the media, said he would seek legal action. But the next day before entering the Kowloon City Court, he said it was a misunderstanding and accepted Lam’s apology.
The couple and the guide agreed to refrain from the use or threat of violence in court on Monday. The charges were dropped and they were bound for a year for HK$1,000.
Tony Liu Kit-ming, a veteran detective and chairman of the Police Inspectors’ Association, said that given compensation had been offered to the couple before the case proceeded in court, it could raise questions about whether the legal process was being abused. “There are difficulties in pursuing this case as some witnesses had left Hong Kong, but this is not something that’s impossible to follow up,” Liu said.
But lawmaker James To Kun-sun, chairman of the security panel, said the case was impossible to pursue as the tour agency could claim the money was civil compensation for the tourists’ injuries and for their visit being cut short. “I would like to remind tourists to be cautious if they decide to accept monetary offers to settle a criminal dispute, which is a very dangerous act no matter whether it might lead to the course of justice being perverted,” To said.
Tour operators said it was rare for an agency to offer a cash settlement. Wong Wai-wing, chairman of the Hong Kong Association of Registered Tour Co-ordinators, said that agencies should wait until after the Travel Industry Council review before they start compensating tourists.
Hong Kong Association of Travel Agents chairman Paul Leung Yiu-lam said services - such as an extra dinner or a visit to theme parks - were usually offered to angry tourists.
Referring to comments about a rise in complaints, Michael Wu Siu-ieng, chairman of the Travel Industry Council, said: “If travel agencies are providing excellent services to tourists, why should they worry?”
Mainland visitor numbers rose 16 per cent to a record 662,928 over the holiday, the Tourism Board said.
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