Insurance Ordinance

(1)
In
                    this Ordinance,
                    except
                    as otherwise defined by
section 13A(12)
,
64F
or
80(1)
,
controller
(
控權人
), in relation to an applicable
company—
(Amended
20 of 2023 s. 9
)
(a)
means—
(i)
a managing director of the applicable company or of a body
                            corporate of which the applicable company is a subsidiary;
(ii)
a chief executive of the applicable company or of a body corporate,
                            being an insurer, of which the applicable company is a subsidiary;
                            or
(iii)
a
person—
(A)
in accordance with whose directions or instructions the
                                directors of the applicable company or of a body corporate of which
                                the applicable company is a subsidiary (or any of them) are
                                accustomed to act; or
(B)
who, alone or with an associate or through a nominee, is
                                entitled to exercise, or control the exercise of, 15% or more of the
                                voting power at a general meeting of the applicable company or of a
                                body corporate of which the applicable company is a subsidiary;
                                but
(b)
does not include a Manager.
(Replaced
12 of 2015 s. 19
)
(1A)
In this Ordinance, except as otherwise defined by
section 13A(12)
,
64F
or
80(1)
,
controller
(
控權人
), in relation to a special purpose insurer,
                means an individual who (alone or jointly with others) is responsible for the
                administration of the whole business of the special purpose insurer.
(Added
20 of 2023 s. 9
)
(2)
Subject to subsection (3), in this section
chief
                        executive
(
行政總裁
), in relation to the
                    applicable
                    company or a body corporate of which the applicable company is
                    a subsidiary, means an employee of the
                    applicable
                    company or that body corporate, who, alone or jointly with
                    others, is responsible under the immediate authority of the directors for the
                    conduct of the whole of the insurance business of the
                    applicable
                    company or that body corporate.
(Amended
12 of 2015 s. 19
)
(3)
In relation to an
                applicable
                company incorporated outside Hong
                Kong (other than
                a
                designated
                insurer or
re-
domiciled insurer
)—
(Amended
12 of 2015 s. 19
;
20 of 2023 s. 9
;
14 of 2025 s. 123
)
(a)
the reference in subsection
(1
)(
a
)(
i)
to a managing director of the
                    applicable
                    company includes a reference to a person who is a managing
                    director of the
                    applicable
                    company in respect of so much of its insurance business as is
                    carried on within Hong Kong; and
(Amended
17 of 2020 s. 26
)
(b)
the reference in subsection
(1
)(
a
)(
ii)
to a chief executive of the
                    applicable
                    company includes a reference to a person employed by the
                    applicable
                    company who, alone or jointly with others, is responsible
                    (whether or not under the immediate authority of the directors) for the conduct
                    of the whole of the insurance business carried on by the
                    applicable
                    company within Hong Kong, not being a person
who—
(Amended
12 of 2015 s. 19
;
17 of 2020 s. 26
)
(i)
is also responsible for the conduct of insurance business carried on by
                        the
                        applicable
                        company elsewhere; and
(ii)
has a subordinate who is responsible for the whole of the insurance
                        business carried on by the
                        applicable
                        company within Hong Kong.
(Amended
12 of 2015 s. 19
)
(4)
In this section
associate
(
相聯者
), in relation to any person,
means—
(a)
the wife or husband or minor child of that person;
(b)
any body corporate of which that person is a director;
(c)
any person who is an employee or partner of that person;
(d)
if that person is a body
corporate—
(i)
any director of that body corporate;
(ii)
any subsidiary of that body corporate;
(iii)
any director or employee of any such subsidiary,
and for the purposes of this subsection
child
(子女)
                    includes a
step-
child.
(Amended
20 of 2023 s. 9
)
(5)
(Repealed
20 of 2023 s. 9
)