Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.64N

Contracts of insurance made through persons other than licensed insurance intermediaries, etc.

(1)
An authorized insurer must not enter into a contract of insurance through another person in Hong Kong
unless—
(a)
that person
is—
(i)
a licensed insurance agency or a licensed individual insurance agent appointed by the insurer; or
(ii)
a licensed insurance broker company; or
(b)
that person’s duties only involve clerical or administrative duties.
(2)
An authorized insurer must not accept a referral of insurance business from another person in Hong Kong
unless—
(a)
that person
is—
(i)
a licensed insurance agency or a licensed individual insurance agent appointed by the insurer; or
(ii)
a licensed insurance broker company; or
(b)
that person’s duties only involve clerical or administrative duties.
(3)
If an authorized insurer enters into a contract of insurance in contravention of subsection (1), the contract, at the option of the policy
holder—
(a)
is enforceable against the insurer by the policy holder despite the contravention; or
(b)
is void because of the contravention.
(4)
A policy holder who under subsection
(3
)(
b)
opts to void a contract of insurance before the expiry of the contract is entitled to recover any consideration paid by the policy holder under the contract.
(5)
An authorized insurer which contravenes subsection (1) or (2) commits an offence and is
liable—
(a)
on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or
(b)
on summary conviction to a fine at level 6 and to imprisonment for 6 months.