Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.41F

Application to Court of First Instance for inquiry into failure

(1)
If a person fails to comply with a requirement imposed by an inspector under
section 41B
or
41C
or an investigator under
section 41D
or
41E
, the inspector or investigator may apply by originating summons to the Court of First Instance for an inquiry into the failure.
(2)
On an application under subsection (1), the Court of First
Instance—
(a)
on being satisfied that there is no reasonable excuse for the person not to comply with the requirement, may order the person to comply with the requirement within the time specified by the Court; and
(b)
on being satisfied that the failure was without reasonable excuse, may punish the person, and any other person knowingly involved in the failure, in the same manner as if the person and that other person had been guilty of contempt of court.
(3)
An originating summons under subsection (1) is to be in Form No. 10 in Appendix A to the Rules of the High Court (Cap. 4 sub. leg. A).
(4)
Despite anything in this Ordinance, no proceedings may be instituted against a person for subsection (2)(b) in respect of a conduct
if—
(a)
criminal proceedings have previously been instituted against the person under
section 41G(1)
, (2), (3), (4) or (5) in respect of the same conduct; and
(b)
those proceedings remain pending, or because of the previous institution of those proceedings, no criminal proceedings may again be lawfully instituted against that person under
section 41G(1)
, (2), (3), (4) or (5) in respect of the same conduct.