Full legislation
s.(12)
(12)
(12)
In this
section—
assets in Hong Kong
(
在港資產
)—
(a)
means—
(i)
assets of the type set out in
Schedule 8
; or
(ii)
other assets or guarantees, or other arrangements in lieu of
assets, approved by the Authority in writing in a particular case;
and
(b)
does not include assets the titles to which are subject to any
encumbrance or charge, other than a floating charge;
direct business
(
直接業務
) means the business of effecting and carrying out contracts of
insurance, other than contracts of reinsurance;
general business with onshore
risk
(
具在岸風險的一般業務
) means—
(a)
any direct business that satisfies any of the following
conditions—
(i)
the direct business is of a nature specified in class 1, 2, 4 or 7
in
Part 3 of Schedule 1
and—
(A)
the policy is issued in Hong Kong;
(B)
the proposal form, application form or any other form of a
similar nature is prepared, signed, submitted, received or accepted
in Hong Kong; or
(C)
the risk is accepted in Hong Kong;
(ii)
the direct business is of a nature specified in class 3 or 10 in
Part 3 of Schedule 1
and the vehicle being insured is
registered in Hong Kong;
(iii)
the direct business is of a nature specified in class 8 or 9 in
Part 3 of Schedule 1
and the property being insured is
located in Hong Kong;
(iv)
the direct business is of a nature specified in class 5, 6, 11, 12,
13, 14, 15, 16 or 17 in
Part 3 of Schedule 1
and the policy
holder—
(A)
is resident in Hong Kong; or
(B)
is a company;
(b)
any facultative reinsurance business under which the risk ceded arises
from any direct business mentioned in paragraph (a); or
(c)
any treaty reinsurance business, being general business, in relation to
which the risk is underwritten in Hong Kong, that is to
say—
(i)
the treaty is signed or accepted in Hong Kong; or
(ii)
the treaty negotiation is concluded in Hong Kong,
excluding any treaty reinsurance business under which less than 25%
of the total risk ceded (determined in terms of the gross premiums) arises
from any direct business mentioned in paragraph (a).
(Added
20 of 2023 s. 45
)