Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.41B

Power to conduct inspection

(1)
An inspector may exercise the powers under subsections (2) and (3) for
                ascertaining whether an authorized insurer is complying with, has complied with, or
                is likely to be able to comply
with—
(a)
a provision of this Ordinance;
(b)
a notice or requirement given or imposed under a provision of this
                    Ordinance;
(c)
a term or condition of an authorization granted under
section 8
or 8A
; or
(Amended
17 of 2020 s. 16
)
(d)
any other condition imposed under a provision of this Ordinance.
(2)
At any reasonable time, an
inspector—
(a)
may enter any premises used by the authorized insurer in connection with
                    its business;
(b)
may inspect, and may make copies or otherwise record details of, a business
                    record of the insurer; and
(c)
may make inquiries of the insurer or a person specified in subsection
                    (5
)—
(i)
concerning a business record of the insurer; or
(ii)
concerning a transaction or activity that was undertaken in the course
                        of, or may affect, the business conducted by the insurer.
(3)
In exercising a power under subsection
(2
)(
b)
or (c), the inspector
                may require the authorized insurer, or a person specified in subsection
                (5
)—
(a)
to give the inspector access to a business record of the insurer;
(b)
to produce to the inspector, within the time and at the place specified in
                    the requirement, a business record of the insurer; and
(c)
to answer a question
concerning—
(i)
a business record of the insurer; or
(ii)
a transaction or activity that was undertaken in the course of, or may
                        affect, the business conducted by the insurer.
(4)
The power under subsection
(2
)(
c)
or (3) is not exercisable in
                relation to a person specified in subsection (5) unless the inspector has reasonable
                cause to believe that the information or record being sought cannot be obtained by
                exercising the power in relation to the authorized insurer.
(5)
The person specified for subsections
(2
)(
c)
and (3) is a person whom
                the inspector has reasonable cause to believe has information relating to, or is in
                possession of, a business record of the authorized insurer.
(6)
The Authority may in writing appoint a person, or a person belonging to a class
                of persons, as an inspector for the purposes of this section.
(7)
The Authority must provide an inspector with a copy of its
                appointment.
(8)
When imposing a requirement on a person under subsection (3), an inspector
                must, if so requested, produce a copy of the appointment to that person for
                inspection as soon as practicable.