Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.41H

Use of incriminating evidence in proceedings

(1)
If an investigator requires a person to give an answer to a question or to give an explanation or further particulars under this Part, the investigator must ensure that the person has first been informed of the effect of subsection (2).
(2)
Despite anything in this Ordinance and subject to subsection (3
)—
(a)
if an investigator requires a person to give an answer to a question or to give an explanation or further particulars under this Part; and
(b)
the answer, or the explanation or further particulars, might tend to incriminate the person and the person so claims before giving the answer or giving the explanation or further particulars,
the requirement and the question and answer, or the explanation or further particulars, are not admissible in evidence against the person in criminal proceedings in a court of law.
(3)
Subsection (2) does not apply to criminal proceedings in which the person is, in relation to the answer, or the explanation or further particulars, charged
with—
(a)
an offence under
section 41G(1)
, (2), (3), (4) or (5), or under
Part V
of the Crimes Ordinance (
Cap. 200
); or
(b)
perjury.