Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.34

Power to obtain information and require production of documents

(1)
The
                Authority
                may require
                an
                authorized insurer to furnish
                it,
                at specified times or intervals, with information about specified matters being, if
                the
                Authority so requires, information verified in a specified
                manner.
(2)
The
                Authority
may—
(Amended
12 of 2015 s. 2
)
(a)
require
                    an
                    authorized insurer to produce, at such time and place as
                    the
                    Authority may specify, such books or papers as
                    the
                    Authority may specify; or
(b)
authorize any person, on producing (if required so to do) evidence of his
                    authority, to require
                    an
                    authorized insurer to produce to him forthwith any books or
                    papers which that person may specify.
(3)
Where by virtue of subsection (2) the
                Authority
                or a person
                authorized
                by the Authority has power to require the production of any books
                or papers from
                an
                authorized insurer, the
                Authority
                or that person shall have the like power to require production of those books or
                papers from any person who appears
                to
                the Authority or the person authorized by the Authority to be in
                possession of them; but where any person from whom such production is required
                claims a lien on books or papers produced by him, the production shall be without
                prejudice to the lien.
(4)
Any power conferred by or by virtue of subsections (2) and (3) to require
                an
                authorized insurer or other person to produce books or papers
                shall include
power—
(Amended
12 of 2015 s. 2
)
(a)
if the books or papers are
produced—
(i)
to take copies of them or extracts from them; and
(ii)
to require that person, or any other person who is a present or past
                        director, controller, auditor or actuary of, or is or was at any time
                        employed by, the insurer in question, to provide an explanation of any of
                        them;
(b)
if the books or papers are not produced, to require the person who was
                    required to produce them to state, to the best of his knowledge and belief,
                    where they are.
(5)
(Repealed
12 of 2015 s. 47
)
(6)
(Repealed
28 of 2012 ss. 912
& 920)