Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.13A

Approval of certain controllers of authorized insurers

(1)
An authorized insurer must not appoint an individual as a controller of the
                insurer unless the Authority has approved the appointment under subsection
                (2).
Note—
See also
section 95ZD
if the authorized insurer is also a
                    designated insurance holding company.
(Added
18 of 2020 s. 4
)
(2)
The Authority may approve the appointment of the individual as a controller of
                the authorized
insurer—
(a)
on an application made by the
                    insurer; and
(Amended
20 of 2023 s. 12
)
(b)
on payment of a prescribed fee.
(3)
An application made under subsection
(2
)(
a)
must—
(a)
be in the specified form;
(b)
be accompanied by any information specified by the Authority; and
(c)
be served on the Authority.
(Replaced
20 of 2023 s. 12
)
(4)
The Authority must not approve the appointment of an individual as a controller
                of the authorized insurer unless it is satisfied that the individual is a fit and
                proper person to be so appointed.
(5)
After
                deciding on the application, the Authority must give the
                authorized insurer and the individual a notice in writing of the result of the application.
(Amended
20 of 2023 s. 12
)
(6)
If the application is rejected, the notice must include a statement of the
                reasons for the rejection.
(6A)
If an individual is a managing director or chief executive of a
non-
HK insurer
                immediately before the insurer is designated as a designated insurer under
section 3B(1)
—
(a)
the individual is taken to be appointed as a controller of the designated
                    insurer on the date of designation; and
(b)
the appointment under paragraph (a) is taken to be approved under
                    subsection (2) on the date of designation.
(Added
20 of 2023 s. 12
)
(6B)
If the Authority withdraws the designation of a designated insurer under
section 3B(2)
, and an individual is a controller of the designated
                insurer immediately before the withdrawal takes
effect—
(a)
the individual is taken to be appointed as a controller of the insurer
                    (being a non-HK insurer other than a designated insurer) on the date on which
                    the withdrawal takes effect; and
(b)
the appointment under paragraph (a) is taken to be approved under
                    subsection (2) on the date on which the withdrawal takes effect.
(Added
20 of 2023 s. 12
)
(6C)
If an individual is a managing director or chief executive of a
non-
HK insurer
                immediately before the date on which the
non-
HK insurer becomes a
re-
domiciled
                insurer under
section 3BA(1)
—
(a)
the individual is taken to be appointed as a controller of the re-domiciled
                    insurer on that date; and
(b)
the appointment under paragraph (a) is taken to be approved under
                    subsection (2) on that date.
(Added
14 of 2025 s. 124
)
(7)
Subject to subsection (9), the Authority may, by serving a notice in writing on
                an authorized insurer and an individual, revoke the approval of the appointment of
                the individual as a controller of the
                insurer (given
                under subsection (2) or taken to be given by virtue of subsection
                (6A),
                (6B) or
                (6C))
                if it appears to the Authority that the individual is not, or is no longer, a fit
                and proper person to be so appointed.
(Amended
20 of 2023 s. 12
;
14 of 2025 s. 124
)
(8)
The authorized insurer must, by the date specified in the notice under
                subsection (7), terminate the appointment of the individual as a controller of the
                insurer.
(9)
Before serving the notice under subsection (7), the Authority must serve on the
                authorized insurer and the individual a preliminary written notice
stating—
(a)
that the Authority is considering the service on the insurer of a notice
                    under that subsection because it appears to the Authority that the individual is
                    not, or is no longer, a fit and proper person to be appointed as a controller of
                    the insurer; and
(b)
that the insurer or the individual may, within 1 month after the date of
                    service of the preliminary
notice—
(i)
make written representations to the Authority; and
(ii)
if the insurer or the individual so requests, make oral representations
                        to a person appointed for the purpose by the Authority.
(10)
If representations are made under subsection (9), the Authority must take them
                into consideration before serving a notice under subsection (7).
(11)
An authorized insurer which contravenes subsection (1) or (8) commits an offence
                and is
liable—
(a)
to a fine of $200,000; and
(b)
in the case of a continuing offence, to a further fine of $2,000 for each
                    day during which the offence continues.
(12)
In this
section—
administrator
(
管理人
), in relation to a special purpose insurer, means an individual who
                (alone or jointly with others) is responsible for the administration of the whole
                business of the special purpose insurer;
(Added
17 of 2020 s. 11
)
controller
(
控權人
)—
(a)
means—
(i)
in relation to an
                            HK
                            insurer (other than a special purpose insurer) or a designated
                            insurer—an individual who is a managing director or
                            chief executive of the insurer;
(Amended
17 of 2020 s. 11
)
(ii)
in relation to
                            a
non-
HK insurer (other than a special purpose insurer or a designated
                            insurer
)—
an individual who
is—
(Amended
17 of 2020 s. 11
;
20 of 2023 s. 12
)
(A)
a managing director of the insurer in respect of so much of its
                                insurance business as is carried on within Hong Kong; or
(B)
a chief executive of the insurer who, alone or jointly with
                                others, is responsible (whether or not under the immediate authority
                                of the directors) for the conduct of the whole of the insurance
                                business carried on by the insurer within Hong Kong, not being an
                                individual
who—
(I)
is also responsible for the conduct of insurance business
                                    carried on by the insurer elsewhere; and
(II)
has a subordinate who is responsible for the whole of the
                                    insurance business carried on by the insurer within Hong Kong;
                                    or
(Amended
17 of 2020 s. 11
)
(iii)
in relation to an
                            HK
                            insurer or non-HK insurer that is a special purpose
                            insurer—an
                            administrator of the
                            HK
                            insurer or non-HK
                            insurer;
                            but
(Added
17 of 2020 s. 11
. Amended
20 of 2023 s. 12
)
(b)
does not include a Manager.