The Air Passenger Protection Regime in Hong Kong: A Plea for a Coordinated Approach

Despite being a major aviation hub, Hong Kong lacks both aviation specific and comprehensive consumer protection laws. This article examines Hong Kong’s fragmented air passenger protection regime, highlighting the absence of specific laws for consumer protection in air travel, leading to confusion and limited recourse for passengers facing delays, cancellations, or denied boarding. Various government agencies, including the Transport and Logistics Bureau, Civil Aviation Department, Air Transport Licensing Authority, Consumer Council, and Customs and Excise Department, play roles in passenger protection but their functions are limited and apparently uncoordinated. The Trade Descriptions Ordinance (Chapter 362 of the Laws of Hong Kong) is the closest relevant law, focusing more on false trade descriptions than on compensatory measures for passengers. Overall, this article highlights the need for a more coordinated approach and the establishment of a specific agency or clear guidelines to protect passenger rights, especially in light of the challenges posed by the COVID-19 pandemic.