Insurance Ordinance

(1)
If—
(a)
the Authority has reasonable cause to believe that a provision of this Ordinance may have been contravened;
(b)
the Authority has reasonable cause to believe that a person may have been involved in defalcation, fraud, misfeasance or other misconduct in relation to the carrying on of insurance business;
(c)
the Authority has reasonable cause to believe that a person has carried on, or is carrying on, insurance business in a manner that is not in the interests of policy holders or potential policy holders or the public interest; or
(d)
the Authority, for considering whether to exercise any power under
section 41P
, has reason to enquire
if—
(i)
a person is, or was, guilty of misconduct as defined by
section 41P
; or
(ii)
a person is, or was, not a fit and proper person as described in
section 41P(1
)(
c)
,
the Authority may in writing direct one or more of its employees, or, with the consent of the Financial Secretary, appoint one or more other persons, to investigate the matter.
(2)
The costs and expenses incurred by an investigator, other than an employee of the Authority, may be paid out of moneys provided by the Legislative Council.
(3)
The Authority must provide an investigator with a copy of its direction or appointment.
(4)
Before first imposing a requirement on a person under subsection (5), an investigator must produce a copy of the direction or appointment to that person for inspection.
(5)
An investigator may require a person specified in subsection (6
)—
(a)
to produce, within the time and at the place the investigator requires in writing, a record or document specified by the investigator
that—
(i)
is or may be relevant to the investigation; and
(ii)
is in the person’s possession;
(b)
to give an explanation or further particulars in respect of a record or document produced;
(c)
to attend before the investigator at the time and place the investigator requires in writing, and answer a question relating to any matter under investigation that may be raised by the investigator;
(d)
to answer in writing, within the time the investigator requires in writing, a written question relating to any matter under investigation that may be raised by the investigator; and
(e)
to give the investigator all other assistance in connection with the investigation that the person is able to give.
(6)
The person specified for subsection (5)
is—
(a)
a person who is relevant to the matter that an investigator is directed or appointed to investigate; or
(b)
a person whom an investigator has reasonable cause to
believe—
(i)
to be in possession of a record or document that contains, or is likely to contain, information relevant to the investigation; or
(ii)
to be otherwise in possession of such information.