Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.25A

Maintenance of assets in Hong Kong in respect of general business

(1)
(Repealed
20 of 2023 s. 45
)
(2)
This
section—
(a)
(subject to paragraph (b)) applies to an authorized insurer that carries on
                    general business in or from Hong Kong; and
(b)
does not apply to an authorized insurer that is exempted under the rules
                    made under
section 129(1
)(
da)
.
(Replaced
20 of 2023 s. 45
)
(3)
Subject to subsections (6) and (8
)—
(a)
an authorized insurer must maintain assets in Hong Kong in respect of its
                    insurance liabilities (as referred to in subsection (3A)); and
(b)
the value of the assets so maintained must not be less than the amount
                    prescribed by the rules made under
section 129
.
(Replaced
20 of 2023 s. 45
)
(3A)
For the purposes of subsection (3), the insurance liabilities are
liabilities—
(a)
arising from the authorized insurer’s general business with onshore risk
                    carried on in or from Hong Kong (other than the part of that business that is
                    exempted under the rules made under
section 129(1
)(
da)
);
                    and
(b)
determined in accordance with the rules made under
section 129
.
(Added
20 of 2023 s. 45
)
(4)-(5)
(Repealed
20 of 2023 s. 45
)
(6)
Where the
                Authority
                is satisfied that there are special or unusual circumstances that make it
                impracticable for
                an
                authorized insurer to comply with the requirements of this
                section, the
                Authority
                may, provided
                the
                Authority is satisfied with the financial status of the insurer,
                exempt the insurer in whole or in part from the requirements of this section and
                the
                Authority may attach such conditions to, or limitations in respect
                of, the exemption as
                the
                Authority considers appropriate including, without limiting the
                foregoing, a limitation on the duration of the exemption.
(Amended
12 of 2015 s. 2
)
(7)
For the avoidance of doubt,
special
                        or unusual
                circumstances
(特殊或不尋常情況) under subsection (6) does not
include—
(a)
administrative expenses or other inconvenience associated with compliance
                    with this section; or
(b)
the fact that compliance with this section does not accord with
                    an
                    authorized insurer’s investment policies.
(8)
The requirements under subsection (3) to maintain assets in Hong Kong shall be
                relieved to the extent, if any, of any assets which
                an
                authorized insurer is, by the laws of any place outside Hong Kong,
                required to and does maintain in that place and which would, upon the liquidation of
                the insurer, fall within the description of assets that is contained in
section
                    265(1
)(
e
)(
i)
of the Companies (Winding Up and Miscellaneous Provisions)
                Ordinance (
Cap. 32
).
(Amended
28 of 2012 ss. 912
& 920)
(9)
(Repealed
20 of 2023 s. 45
)
(10)
An
                authorized insurer
that—
(Amended
12 of 2015 s. 44
)
(a)
takes any action or fails to take any action, which it knows will result in
                    a contravention of subsection (3); or
(b)
fails to comply with conditions attached to an exemption under subsection
                    (6), unless it establishes that, at the time it failed to so comply, it was
                    complying with the requirements of subsection (3),
commits an offence and is liable
to—
(i)
a fine of $200,000 and, in the case of an individual, to imprisonment for 2
                    years; and
(Amended
35 of 1996 s. 20
)
(ii)
a further fine of $1,000 for each day on which the insurer continues to
                    contravene the requirements of subsection (3) or the conditions attached to an
                    exemption under subsection (6), as the case may be.
(Amended
35 of 1996 s. 20
)
(11)
(Repealed
20 of 2023 s. 45
)
(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
)