The Travel Industry Council and its Tourist Guides Accreditation Scheme is effective in deterring illegal tourist guides,  Secretary for Economic Development & Labour Stephen Ip says.

In reply to a lawmaker's question, Mr Ip noted the scheme is still relatively new, requiring travel agents to assign only tourist guides with a valid Tourist Guide Pass to receive inbound visitors since July 1, 2004.

The council stepped up enforcement action in March this year. Between March and October, it conducted 28 spot checks, covering 215 inbound tour groups. The checks uncovered 26 tourist guides without valid passes, although no illegal tourist guides were found.

The council fined five travel agents, involving six of the tourist guides, for employing Hong Kong residents without a valid pass to work as tourist guides. The council gave warnings to another 13 travel agents involving 14 tourist guides because the guides had completed the required training but not the accreditation process.

The council is still processing the other six cases, Mr Ip said.

To deter tourist guides without valid passes and illegal tourist guides, the Travel Agents Registry, the Immigration Department and Hong Kong Police Force worked with the council to conduct four operations in August and September, checking 122 inbound tour groups. Five tourist guides - all Hong Kong residents - did not have a valid pass. They had done the training, but not completed the accreditation process.

The council is following up on these cases.

Mr Ip stressed the existing regulatory system has served effectively in ensuring the quality of inbound tour groups and in enhancing the professional status of the tourist guide trade.

What's more, about 9,000 serving tourist guides have been trained under the subsidy of the Government's Skills Upgrading Scheme. Of these, 5,650 completed the accreditation process and were granted the pass.

The Travel Industry Council of Hong Kong introduced the Tourist Guides Accreditation Scheme in September 2002 , which provides for the training, accreditation and issuance of  a Tourist Guide Pass for qualified tourist guides.

The council also issued directives on the scheme, requiring travel agents to assign tourist guides with a valid pass to receive inbound visitors from July 1, 2004 onwards and anyone working as a tourist guide must have the pass.

The council, being the self-regulatory body of the travel trade, conducts spot checks according to the directives at places frequented by inbound tour groups to check if the tourist guides concerned are holding valid passes.

The council's Compliance Committee will investigate travel agents that are suspected to have violated the directives, and take disciplinary action against them. This may include warnings and a fine.

The council may suspend or revoke the membership of the travel agent concerned in the case of repeat offenders. The Travel Agents Registrar may then suspend or revoke the travel agent's licence.

The council's Tourist Guide Deliberation Committee handles cases involving tourist guides who are suspected to have violated directives, and will decide on disciplinary action based on the seriousness of the case. Cases involved fraud are referred to enforcement agencies for follow-up action.

The Immigration Ordinance prohibits visitors from taking up employment, whether paid or unpaid. Those who are not Hong Kong residents and are not allowed to work in Hong Kong but take up work as a tourist guide breach their conditions of stay are are subject to prosecution.

The Immigration Department may detain a person at any time for questioning if there is reasonable cause to believe the person has contravened the condition of stay. If they have contravened the condition of stay, they are guilty of an offence and may face a $50,000 fine and two years in prison if convicted.

Travel agents who employ someone who is not permitted to work in Hong Kong as a tourist guide may be liable to a $350,000 fine and three years in prison if convicted.