Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.64ZZF

Power to conduct inspection

(1)
An inspector may exercise the powers under subsections (2) and (3) for ascertaining whether a licensed insurance intermediary is complying with, has complied with, or is likely to be able to comply
with—
(a)
a provision of this Ordinance;
(b)
a notice or requirement given or imposed under a provision of this Ordinance;
(c)
a term or condition of a licence granted under this Ordinance; or
(d)
any other condition imposed under a provision of this Ordinance.
(2)
At any reasonable time, an
inspector—
(a)
may enter any business premises of the licensed insurance intermediary;
(b)
may inspect, and may make copies or otherwise record details of, a business record of the intermediary; and
(c)
may make inquiries of the intermediary or a person specified in subsection (5
)—
(i)
concerning a business record of the intermediary; or
(ii)
concerning a transaction or activity that was undertaken in the course of, or may affect, the regulated activity carried on by the intermediary.
(3)
In exercising a power under subsection
(2
)(
b)
or (c), the inspector may require the licensed insurance intermediary, or a person specified in subsection (5
)—
(a)
to give the inspector access to a business record of the intermediary;
(b)
to produce to the inspector, within the time and at the place specified in the requirement, a business record of the intermediary; and
(c)
to answer a question
concerning—
(i)
a business record of the intermediary; or
(ii)
a transaction or activity that was undertaken in the course of, or may affect, the regulated activity carried on by the intermediary.
(4)
The power under subsection
(2
)(
c)
or (3) is not exercisable in relation to a person specified in subsection (5) unless the inspector has reasonable cause to believe that the information or record being sought cannot be obtained by exercising the power in relation to the licensed insurance intermediary.
(5)
The person specified for subsections
(2
)(
c)
and (3) is a person whom the inspector has reasonable cause to believe has information relating to, or is in possession of, a business record of the licensed insurance intermediary.
(6)
The Authority may in writing appoint a person, or a person belonging to a class of persons, as an inspector for the purposes of this section.
(7)
The Authority must provide an inspector with a copy of its appointment.
(8)
When imposing a requirement on a person under subsection (3), an inspector must, if so requested, produce a copy of the appointment to that person for inspection as soon as practicable.
(9)
This section is subject to
section 64ZZJ
.
(10)
In this
section—
business premises
(
業務處所
), in relation to a licensed insurance intermediary, means any non-domestic premises at which—
(a)
the intermediary carries on business; or
(b)
the person by whom the intermediary is appointed as an agent carries on business.