Full legislation
s.53A
Secrecy
(1)
Except in the performance of any function under this Ordinance or for the carrying into effect of the provisions of this Ordinance, every person to whom this subsection
applies—
(Amended
75 of 1995 s. 7
;
12 of 2015 s. 67
)
(a)
shall preserve and aid in preserving secrecy with regard to a matter coming to that person’s knowledge
either—
(Amended
12 of 2015 s. 67
)
(i)
by reason of that person’s appointment under this Ordinance; or
(ii)
in the course
of—
(A)
performing a function under this Ordinance, or carrying into effect any provision of this Ordinance; or
(B)
assisting another person in performing a function under this Ordinance, or carrying into effect any provision of this Ordinance;
(Added
12 of 2015 s. 67
)
(b)
shall not communicate any such matter to any person other than the person to whom such matter relates; and
(c)
shall not suffer or permit any person to have access to any records in his possession, custody or control or in the possession, custody or control of any other person so appointed or employed.
(1AA)
Subsection (1) applies to the following
person—
(Amended
12 of 2015 s. 67
)
(a)
the Authority;
(Replaced
12 of 2015 s. 67
)
(b)
a person who is or has been a member, employee, agent, consultant or
advisor of the Authority;
(Replaced
12 of 2015 s. 67
)
(ba)
a person who has been the former authority;
(Added
12 of 2015 s. 67
)
(bb)
a person who has been a member, employee, agent, consultant or advisor of
the former authority;
(Added
12 of 2015 s. 67
)
(c)
a person who is or has been an Advisor appointed under
section
35(2
)(
a)
;
(Amended
12 of 2015 s. 67
)
(d)
a person who is or has been a Manager appointed under
section
35(2
)(
b)
;
(Amended
12 of 2015 s. 67
;
18 of 2020 s. 8
)
(da)
a person who is or has been a supervisory manager appointed under
section 95ZT(1
)(
b)
; and
(Added
18 of 2020 s. 8
)
(e)
a person who is or has been employed by,
or
who assists or has assisted a person mentioned in paragraph
(c),
(d) or (da),
(Replaced
12 of 2015 s. 67
. Amended
17 of 2020 s. 28
;
18 of 2020 s. 8
)
and who performs or has performed any function under this Ordinance.
(Added
75 of 1995 s. 7
. Amended
12 of 2015 s. 67
)
(1AAB)
Subsection (1) also applies to the following
persons—
(a)
a person who is or has been appointed under any provision of this Ordinance;
(b)
a person who is or has been performing a function under this Ordinance, or carrying into effect any provision of this Ordinance;
(c)
a person
who
assists or has assisted another person in performing a
function under this Ordinance, or carrying into effect any provision of this
Ordinance.
(Added
12 of 2015 s. 67
. Amended
17 of 2020 s. 28
)
(1A)
Subsection (1) shall not apply if the Manager of an authorized
insurer, or the
supervisory manager of a designated insurance holding company, is
required to comply with a notice to furnish returns and information under
section 51
of the Inland Revenue Ordinance (
Cap. 112
).
(Added
51 of 1992 s. 14
. Amended
12 of 2015 s. 67
;
18 of 2020 s. 8
)
(2)
No person who receives information, in whatever form, submitted under
section 6
,
7
,
13A
,
13AC
,
13AE
,
13B
,
14
,
15
,
15AAA
,
15AAAB
,
18
,
18A
,
19
,
32
,
32A
,
33
,
34
,
50
,
53D
,
53E
,
53F
,
53G
,
95I
,
95J
,
95K
,
95L
,
95O
,
95S
,
95X
,
95ZF
,
95ZG
,
95ZH
,
95ZI
,
95ZJ
,
95ZL
,
95ZO
or
95ZP
or
a requirement prescribed by virtue of
section 17
may be
required to produce to any court any document containing such information or to
divulge or communicate to any court any matter or thing coming under
the
person’s notice in the performance of the person’s functions under
this Ordinance, except in the course
of—
(Amended
44 of 1990 s. 7
;
50 of 1992 s. 7
;
59 of 1993 s. 14
;
12 of 2015 s. 67
;
18 of 2020 s. 8
;
20 of 2023 s. 71
)
(a)
a prosecution for any offence;
(b)
the determination by the Court of First Instance of an application under
section 24
; or
(c)
a winding-up by the Court of First Instance under
Part
VI
,
X
or
XIA
.
(Amended
25 of 1998 s. 2
;
18 of 2020 s. 8
;
20 of 2023 s. 71
)
(3)
Subsection (1)
does
not apply to the disclosure of
information—
(Amended
20 of 2023 s. 71
)
(a)
in the form of a summary compiled from similar or related information
provided by authorized
insurers,
licensed insurance intermediaries or designated insurance holding companies if
the summary is so compiled as to prevent particulars relating to the business of
those insurers, intermediaries or the supervised groups of those
companies from being ascertained from the summary;
(Replaced
12 of 2015 s. 67
. Amended
18 of 2020 s. 8
)
(ab)
for seeking advice from, or giving advice by, a counsel or a solicitor, or
any other professional advisor acting or proposing to act in a professional
capacity, in connection with a matter arising under this Ordinance;
(Added
12 of 2015 s. 67
)
(ac)
for, or otherwise in connection with, an audit required by
section
5F
;
(Added
12 of 2015 s. 67
)
(b)
with a view to the institution of, or otherwise for the purposes of, any
criminal proceedings or investigation, whether under this Ordinance or
otherwise, in Hong Kong;
(c)
in connection with any civil proceedings arising out of this
Ordinance;
(ca)
to the Tribunal in connection with any proceedings in the Tribunal;
(Added
12 of 2015 s. 67
)
(cb)
by a person in connection with any judicial or other proceedings to which
the person is a party;
(Added
12 of 2015 s. 67
)
(cc)
in compliance with an order of a court, or in compliance with a law or a
requirement made under a law;
(Added
12 of 2015 s. 67
)
(d)
by the Authority with a view to the institution of, or otherwise for the
purposes of, any disciplinary proceedings relating to the performance of his
professional duties by a prescribed person;
(Replaced
59 of 1993 s. 14
)
(da)
by the Authority to a prescribed person for the purpose of enabling or
assisting the Authority to discharge its functions under this Ordinance;
(Added
59 of 1993 s. 14
)
(db)
by a prescribed person
where—
(i)
the information has been disclosed to that person under paragraph (da);
and
(ii)
that person has the consent of the Authority to do so;
(Added
59 of 1993 s. 14
)
(e)
to any of the persons specified in subsection (3AA) if in the opinion of the
Authority—
(Amended
L.N. 106 of
2002
;
12 of 2015 ss. 2 & 67
)
(i)
it is desirable or expedient that the information should be so
disclosed in the interests of existing or potential policy holders or the
public interest; or
(ii)
such disclosure will enable or assist the recipient of the information
to perform his functions and it is not contrary to the interests of existing
or potential policy holders or the public interest that the information
should be so disclosed;
(Replaced
75 of 1995 s. 7
. Amended
12 of 2015 s. 67
)
(ea)
to the Financial Secretary, the Secretary for Justice, the Commissioner of
Police, the Commissioner of the Independent Commission Against Corruption and
the Tribunal, if the information is obtained by an investigator under
sections
41D
,
64ZZH
and
95ZZG
;
(Added
12 of 2015 s. 67
. Amended
18 of 2020 s. 8
)
(f)
by the Authority to an auditor or actuary of an authorized
insurer
or a licensed insurance broker company, or an auditor appointed under section
95ZF for the supervised group of a designated insurance holding
company, if, in the opinion of the Authority, such information
is necessary for the auditor or actuary, as the case may be, to discharge
the
duties of the auditor or actuary under this Ordinance;
(Added
75 of 1995 s. 7
. Amended
12 of 2015 s. 67
;
18 of 2020 s. 8
;
20 of 2023 s. 71
)
(fa)
by the Authority to the Anti-Money Laundering and Counter-Terrorist
Financing Review Tribunal established under
section 55
of the
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (
Cap. 615
);
(Added
15 of 2011 s. 84
. Amended
4 of 2018 s. 40
)
(fb)
by the Authority to the Resolution Compensation Tribunal;
(Added
23 of 2016 s. 207
. Amended
23 of 2016 s. 239
)
(fc)
by the Authority to the Resolvability Review Tribunal;
(Added
23 of 2016 s. 207
. Amended
23 of 2016 s. 239
)
(fd)
by the Authority to a resolution authority for the purpose of enabling or
assisting the resolution authority to perform its functions under the Financial
Institutions (Resolution) Ordinance (
Cap. 628
);
(Added
23 of 2016 s. 207
. Amended
23 of 2016 s. 239
;
E.R. 2 of 2017
)
(g)
subject to subsection (3A), by the Authority with the consent of the person
from whom the information was obtained or received and if the information
relates to a different person, also with the consent of the person to whom the
information relates;
(Added
75 of 1995 s. 7
. Amended
31 of 2000 s. 3
)
(h)
by the Authority if it has been made available to the public by virtue of
its being disclosed in any circumstances in which, or for any purpose for which,
disclosure is not precluded by this section or
section 53B
;
(Added
75 of 1995 s. 7
. Amended
31 of 2000 s. 3
;
20 of 2023 s. 71
)
(i)
by the Authority
if—
(i)
the information is in the statements and reports submitted by a
designated insurance holding company to the Authority under
section
95ZH(1)
; and
(ii)
in the opinion of the Authority, it is desirable that the information
should be so disclosed in the interests of existing or potential policy
holders or in the public interest; or
(Replaced
20 of 2023 s. 71
)
(j)
by the Authority
if—
(i)
the information is submitted to the Authority under a requirement
prescribed by virtue of
section 17
; and
(ii)
the disclosure is made for statistical purpose for the general
understanding of the performance of insurance industry.
(Added
20 of 2023 s. 71
)
(3AA)
The following persons are specified for the purposes of subsection
(3
)(
e)
—
(a)
the Chief Executive;
(b)
the Financial Secretary;
(c)
the Secretary for Justice;
(d)
an inspector appointed by the Financial Secretary under
section 840
or
841
of the Companies Ordinance (
Cap. 622
) to investigate the affairs of a company;
(e)
a person holding an authorized statutory office;
(f)
a public officer authorized by the Financial Secretary for the purposes of subsection
(3
)(
e)
.
(Added
12 of 2015 s. 67
)
(3A)
Subsection
(3
)(
g)
shall not operate to require the Authority to disclose in or in relation to any civil proceedings any information which the Authority may disclose, or has disclosed, pursuant to that subsection.
(Added
75 of 1995 s. 7
. Amended
12 of 2015 s. 2
)
(3B)
For the purposes of subsection (3AA),
authorized statutory office
(
認可法定職位
)
means—
(Amended
12 of 2015 s. 67
)
(a)
the Monetary Authority appointed under
section 5A
of the Exchange Fund Ordinance (
Cap. 66
) in the performance of his functions under the Banking Ordinance (
Cap. 155
) or the Payment Systems and Stored Value Facilities Ordinance (
Cap. 584
);
(Amended
18 of 2015 s. 55
;
12 of 2015 s. 67
)
(b)
the Securities and Futures Commission referred to in
section 3(1)
of the Securities and Futures Ordinance (
Cap. 571
);
(Added
75 of 1995 s. 7
. Amended
4 of 1998 s. 3
;
5 of 2002 s. 407
;
18 of 2006 s. 67
)
(c)
the Mandatory Provident Fund Schemes Authority established by
section 6
of the Mandatory Provident Fund Schemes Ordinance (
Cap. 485
); or
(Added
4 of 1998 s. 3
. Amended
18 of 2006 s. 67
)
(d)
the
Accounting
and Financial Reporting Council continued under
section 6
of the
Accounting
and
Financial Reporting Council Ordinance (
Cap.
588
).
(Added
18 of 2006 s. 67
. Amended
L.N. 66 of
2022
)
(3C)
The Legislative Council may, by resolution, amend subsection (3B) by adding or deleting the authorized statutory offices defined therein.
(Added
75 of 1995 s. 7
)
(3D)
Where information is disclosed in any of the circumstances described in subsection (3), other than subsection
(3
)(
a)
, (g), (h) and (i),
neither—
(Amended
31 of 2000 s. 3
;
12 of 2015 s. 67
)
(a)
the person to whom that information is disclosed; nor
(b)
any person obtaining or receiving the information, whether directly or indirectly, from the person referred to in paragraph (a),
shall disclose the information, or any part thereof, to any other person without the consent of the Authority.
(Added
75 of 1995 s. 7
. Amended
12 of 2015 s. 2
)
(3DA)
Subsection (3D) does not apply
if—
(a)
the information, or any part of it, has already been made available to the public;
(b)
the disclosure is for seeking advice from, or giving advice by, a counsel or a solicitor, or any other professional advisor acting or proposing to act in a professional capacity, in connection with a matter arising under this Ordinance;
(c)
the disclosure is in connection with any judicial or other proceedings to which the person or the other person referred to in subsection
(3D
)(
a)
or (b) is a party; or
(d)
the disclosure is in compliance with an order of a court, or in compliance with a law or a requirement made under a law.
(Added
12 of 2015 s. 67
)
(3E)
Subject to subsections (2) and
(3
)(
b)
and (c), a person who is the Authority, and a person employed or authorized by or assisting the Authority, shall not disclose any information under this section relating to the affairs of any individual policy holder of an insurer.
(Added
31 of 2000 s. 3
. Amended
12 of 2015 s. 2
)
(3F)
In disclosing information in any of the circumstances described in subsection (3) or in granting a consent under subsection (3D), the Authority may impose the conditions that it considers appropriate.
(Added
12 of 2015 s. 67
)
(3G)
The Monetary Authority may attach a condition to a disclosure of information made by the Monetary Authority under this section that
neither—
(a)
the person to whom the information is disclosed; nor
(b)
a person obtaining or receiving the information, whether directly or indirectly, from the person referred to in paragraph (a),
may disclose the information, or any part of it, to any other person without the consent of the Monetary Authority.
(Added
12 of 2015 s. 67
)
(3H)
Subsection (3G) does not apply to the disclosure of information made by the Monetary Authority to the Authority.
(Added
12 of 2015 s. 67
)
(3I)
Subsection (1) does not affect the operation of
section 13(3)
of The Ombudsman Ordinance (
Cap. 397
) or
section 44(8)
of the Personal Data (Privacy) Ordinance (
Cap. 486
).
(Added
12 of 2015 s. 67
)
(4)
Any person who contravenes subsection (1) commits an offence and is
liable—
(a)
on conviction upon indictment to a fine of $200,000 and, in the case of an individual, to imprisonment for 2 years; or
(b)
on summary conviction to a fine at level 6 and, in the case of an individual, to imprisonment for 6 months.
(Amended
35 of 1996 s. 26
)
(4A)
Any person who contravenes subsection (3D) commits an offence and is
liable—
(a)
on conviction upon indictment to a fine of $200,000 and, in the case of an individual, to imprisonment for 2 years; or
(b)
on summary conviction to a fine at level 6 and, in the case of an individual, to imprisonment for 6 months.
(Added
75 of 1995 s. 7
)
(5)-(6)
(Repealed
12 of 2015 s. 67
)
(7)
In this section, a reference to this Ordinance means this Ordinance as amended from time to time.
(Added
12 of 2015 s. 67
)