Insurance Ordinance

(1)
Subject to subsection (2), and notwithstanding
section 53A
, the
                Authority
                may disclose information to an authority in a place outside Hong Kong
where—
(Amended
12 of 2015 s. 2
)
(a)
that authority
                    performs
                    functions in that place corresponding to the functions
of—
(Amended
12 of 2015 s. 68
)
(i)
the
                        Authority; or
(Amended
12 of 2015 s. 2
)
(ii)
an authorized statutory office within the meaning of
section
                            53A(3B)
; and
(b)
in the opinion of the
Authority—
(Amended
12 of 2015 s. 2
)
(i)
that authority is subject to adequate secrecy provisions in that place;
                        and
(ii)
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
(iii)
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. 8
. Amended
12 of 2015 s. 68
)
(1A)
Without limiting the generality of subsection (1), the information so disclosed
                to an authority in a place outside Hong Kong by the
                Authority
                may include information on matters relating to the affairs of an
insurer—
(Amended
12 of 2015 s. 2
)
(a)
which is incorporated, or which has its principal place of business, in
                    that place;
(b)
which is incorporated in or outside Hong Kong and which is a subsidiary or
                    associate of an insurer which is incorporated, or which has its principal place
                    of business, in that place; or
(c)
which is incorporated
                    in Hong
                    Kong or is a
re-
domiciled company,
                    and
                    which has, or is proposing to establish, in that
place—
(Amended
14 of 2025 s. 136
)
(i)
an office or agency for the purpose of carrying on any class of
                        insurance business in or from that place; or
(ii)
a subsidiary or associate which is or would be subject to supervision
                        by that authority.
(Added
75 of 1995 s. 8
)
(1B)
Without limiting subsection (1), the information so disclosed to an authority
                in a place outside Hong Kong by the Authority may include information on matters
                relating to the affairs of a licensed insurance intermediary.
(Added
12 of 2015 s. 68
)
(1C)
Subject to
subsection (2)
and despite
section 53A
, the
                Authority may disclose information to an authority in a place outside Hong Kong
if—
(Amended
23 of 2016 s. 240
)
(a)
that authority performs functions in that place broadly comparable to those
                    of a resolution authority in Hong Kong; and
(b)
in the opinion of the
Authority—
(Amended
23 of 2016 s. 240
)
(i)
that authority is subject to adequate secrecy provisions in that place;
                        and
(ii)
the information is necessary to enable or assist that authority to
                        perform functions in that place broadly comparable to those of a resolution
                        authority in Hong Kong.
(Added
23 of 2016 s. 208
)
(1D)
Subject to subsection (2) and despite
section 53A
, the Authority may
                disclose information to an authority in a place outside Hong Kong
if—
(a)
that
authority—
(i)
is an involved supervisor as defined by
section 95A(1)
;
                        or
(ii)
performs functions in that place broadly comparable to those of a
                        resolution authority in Hong Kong; and
(b)
in the opinion of the
Authority—
(i)
that authority is subject to adequate secrecy provisions in that place;
                        and
(ii)
the disclosure of the information is necessary to enable or assist the
                        Authority to perform its functions under Part XIA.
(Added
18 of 2020 s. 9
)
(2)
The
                Authority
                shall not provide any information under this section relating to the affairs of any
                individual policy holder of an insurer.
(Amended
12 of 2015 s. 2
)
(3)
This section shall apply to Lloyd’s as it applies to insurers.