Insurance Ordinance

(1)
In this
Part—
controller
(
控權人
) has the meaning given by
section 64F
;
misconduct
(
不當行為
) means—
(a)
a contravention of a provision of this Ordinance;
(b)
a contravention of a term or condition of a licence granted under this Ordinance;
(c)
a contravention of any other condition imposed under a provision of this Ordinance; or
(d)
an act or omission relating to the carrying on of any regulated activity which, in the Authority’s opinion, is or is likely to be prejudicial to the interests of policy holders or potential policy holders or the public interest,
and
guilty of misconduct
(
犯不當行為
) is to be construed accordingly;
regulated person
(
受規管人士
) means—
(a)
a licensed insurance intermediary;
(b)
a responsible officer of a licensed insurance agency;
(c)
a responsible officer of a licensed insurance broker company;
(d)
a person concerned in the management of the regulated activities carried on by a licensed insurance agency; or
(e)
a person concerned in the management of the regulated activities carried on by a licensed insurance broker company.
(2)
For the purposes of paragraph (d) of the definition of
misconduct
in subsection (1), the Authority must not form an opinion that an act or omission is or is likely to be prejudicial to the interests of policy holders or potential policy holders or the public interest, unless it has had regard to those provisions set out in any code of conduct published under
section 95
or any code or guideline published under
section 133
, that are in force at the time of the occurrence of, and applicable in relation to, the act or omission.
(3)
If—
(a)
a licensed insurance agency is, or was at any time, guilty of misconduct; or
(b)
a former licensed insurance agency was at any time guilty of misconduct,
as a result of a conduct occurring with the consent or connivance of, or attributable to neglect on the part of, a person specified in subsection (4), the conduct is also to be regarded as misconduct on the part of the person, and
guilty of misconduct
(
犯不當行為
) is to be construed accordingly.
(4)
The person specified for subsection (3)
is—
(a)
a responsible officer or former responsible officer of the agency; or
(b)
a person concerned in the management of the regulated activities carried on by the agency.
(5)
If—
(a)
a licensed insurance broker company is, or was at any time, guilty of misconduct; or
(b)
a former licensed insurance broker company was at any time guilty of misconduct,
as a result of a conduct occurring with the consent or connivance of, or attributable to neglect on the part of, a person specified in subsection (6), the conduct is also to be regarded as misconduct on the part of the person, and
guilty of misconduct
(
犯不當行為
) is to be construed accordingly.
(6)
The person specified for subsection (5)
is—
(a)
a responsible officer or former responsible officer of the company; or
(b)
a person concerned in the management of the regulated activities carried on by the company.