Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.45

Winding up of authorized insurer

(1)
Unless the Court otherwise orders,
                an
                authorized insurer shall not be wound up voluntarily; but no order
                shall be made under this subsection unless notice of the application has been served
                on the
                Authority
                who shall be entitled to be heard on the application and to call, examine and
                cross-examine any witness and,
                if
                the Authority so thinks fit, support or oppose the making of the order.
(Amended
51 of 1992 s. 12
;
12 of 2015 s. 2
)
(2)
Section 23(1)
and (1A)
                does
                not have effect in relation to the winding up of
                an
                authorized insurer
                but,
                subject to subsection (4) and to rules made by virtue of
section 49(2)
,
                in any such winding
up—
(Amended
12 of 2015 s. 2
;
20 of 2023 s. 63
)
(a)
the assets representing a
                    separate
                    fund of the insurer are available only for meeting the
                    liabilities of the insurer attributable to
                    the
                    part of its business for which the separate fund is maintained;
(Amended
59 of 1993 s. 12
)
(b)
the other assets of the insurer
                    are
                    available only for meeting the liabilities of the insurer attributable to its
                    other business.
(3)
Subject to subsection (4A), where the value of the assets mentioned in either
                paragraph of subsection (2) exceeds the amount of the liabilities mentioned in that
                paragraph the restriction imposed by that subsection shall not apply to so much of
                those assets as represents the excess.
(Amended
59 of 1993 s. 12
)
(4)
In relation to the assets falling within either paragraph of subsection (2) the
                creditors mentioned in
section 200(1)
and (2) of the Companies (Winding
                Up and Miscellaneous Provisions) Ordinance (
Cap. 32
)
                shall be only those who are creditors in respect of liabilities falling within that
                paragraph; and any general meetings of creditors summoned for the purposes of that
                section shall accordingly be separate general meetings of the creditors in respect
                of the liabilities falling within each paragraph.
(Amended
28 of 2012 ss. 912
& 920)
(4A)
Where in respect of a
                separate
                fund of an authorized insurer, the value of the assets representing the separate
                fund exceeds the amount of the liabilities attributable to the part of its business
                for which the separate fund is maintained, then so much of those
                assets as represents the excess
                are
                to
                be available for
meeting—
(Amended
12 of 2015 s. 2
;
20 of 2023 s. 63
)
(a)
if in respect of any other
                    separate
                    fund of the insurer, the amount of the liabilities attributable to the part of
                    its business for which that other separate fund is maintained exceeds the value
                    of the assets of that other separate
fund—
(Amended
20 of 2023 s. 63
)
(i)
if there is only one such other
                        separate
                        fund—the liabilities of that other
                        separate
                        fund to the extent to which they exceed the assets of that
                        other
                        separate
                        fund;
(ii)
if there are 2 or more such other
                        separate
                        funds—the respective liabilities of those other
                        separate
                        funds pro rata to the extent to which they exceed the
                        respective assets of those other
                        separate
                        funds;
(b)
if paragraph (a) is not applicable or part of that excess remains after the
                    operation of that
                    paragraph—the
                    liabilities of the insurer attributable to
                    other
                    parts of its business.
(Added
59 of 1993 s. 12
)
(4B)
To
                avoid doubt, for the purposes of the operation of subsection (4)
                in relation to
                subsection
                (2)(a),
                no
                separate
                fund of an authorized insurer may be aggregated with any other
                separate
                fund of the insurer.
(Added
59 of 1993 s. 12
. Amended
12 of 2015 s. 2
)
(5)
Where under
section 276(1)
of the Companies (Winding Up and
                Miscellaneous Provisions) Ordinance (
Cap. 32
) the Court
                orders any money or property to be repaid or restored to
                an
                authorized insurer or any sum to be contributed to its assets
                then, if and so far as the wrongful act which is the reason for the making of the
                order related to assets representing a
                separate
                fund or separate funds of the insurer, the Court
                must
                include in the order a direction that the money, property or contribution
                is
                treated for the purposes of this Ordinance as assets of that
                separate
                fund or those separate funds and this Ordinance
                has
                effect accordingly.
(Amended
28 of 2012 ss. 912 & 920
;
12 of 2015 s. 2
)
(6)
In this
section—
separate fund
(
獨立基金
), in relation to an authorized insurer, means a fund maintained
                separately by the insurer under—
(a)
if the insurer is one described in
section
                            21B(1)
—
section 21B(2)
;
(b)
if the insurer is one described in
section
                            21B(4)
—
section 21B(5)
; or
(c)
if the insurer is one described in
section
                            21B(7)
—
section 21B(8)
.
(Added
20 of 2023 s. 63
)