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【法规名称】 
【法规编号】 68907  什么是编号?
【正  文】

CAP 272 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE


  To make provision for the protection of third parties against risks arising out of the use of motor vehicles.
  
  [9 November 1951]
  
  (Originally 39 of 1951)
  
  Cap 272 s 1 Short title
  
  This Ordinance may be cited as the Motor Vehicles Insurance (Third Party Risks) Ordinance.
  
  Cap 272 s 2 Interpretation
  
  In this Ordinance, unless the context otherwise requires-
  
  "Authority" (主管当局) means the Governor in Council or such other person, or body of persons, as may be nominated by the Governor in Council by notice in the Gazette;
  
  "authorized insurer" (获授权保险人)
  
  (a) in relation to a policy of insurance or security, means an insurer which, at the time the policy of insurance or security is issued or given, is-
  
  (i) an insurer authorized under the Insurance Companies Ordinance (Cap 41) to carry on motor vehicle insurance business; or
  
  (ii) an association of underwriters approved by the Governor in Council before 1 July 1994 or by the Insurance Authority on or after 1 July 1994 under section 6 of that Ordinance; and (Amended 46 of 1995 s. 2)(b) includes the society of underwriters known in the United Kingdom as Lloyd's; (Replaced 6 of 1983 s. 60)"driver" (司机), where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the expression "drive" (驾驶) shall be construed accordingly; [cf. 1930 c. 43 s. 121 U.K.]
  
  "insurer" (保险人) means an authorized insurer; (Replaced 6 of 1983 s. 60)
  
  "motor vehicle" (汽车) means a vehicle intended or adapted for use on roads, and propelled by any form of mechanical power, and includes a motor bicycle with or without a side-car or trailer, a motor tricycle and a bicycle or tricycle assisted by a motor, and a village vehicle within the meaning of section 2 of the Road Traffic Ordinance (Cap 374), but not a vehicle drawn by any other motor vehicle, nor any conveyance for use solely on railways or tramways; (Amended 31 of 1986 s. 8) [cf. 1930 c. 43 s. 1 U.K.]
  
  "motor vehicle insurance business" (汽车保险业务) means insurance business of the nature specified in class 10 in Part 3 of the First Schedule to the Insurance Companies Ordinance (Cap 41); (Replaced 6 of 1983 s. 60)
  
  "owner" (车主), in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement; [cf. 1930 c. 43 s. 121 U.K.]
  
  "policy of insurance" (保险单) includes a covering note;
  
  "road" (道路) means any highway and any other road to which the public have access and includes any road upon which a member of the public is allowed to drive a vehicle only if in possession of a permit issued by the Commissioner of Police or the Commissioner for Transport. (Replaced 16 of 1952 s. 2. Amended 30 of 1967 Schedule)
  
  Cap 272 s 3 Application of Ordinance to private roads
  
  (1) For the avoidance of doubt, it is hereby declared that the provisions of this Ordinance shall apply to private roads, other than private roads in areas wholly or mainly used for the carrying on of construction work or industry, as they apply to roads and, for that purpose, the provisions of any other Ordinance which relate, in any way, to the provisions of this Ordinance shall apply accordingly. (Amended 46 of 1995 s. 3)
  
  (2) For the purposes of this section-
  
  "construction work" (建造工程) means any one or more of the following activities-
  
  (a) building works;
  
  (b) works associated with the provision of utilities;
  
  (c) road works;
  
  (d) reclamation;
  
  (e) dumping;
  
  (f) quarrying; and
  
  (g) an activity declared under subsection (3) to be construction work;"industry" (工业) means any one or more of the following activities-
  
  (a) the manufacture of articles;
  
  (b) any process by which articles are altered, repaired or broken up;
  
  (c) the generation of power;
  
  (d) the loading, unloading or handling of articles or cargo at any dock, quay or wharf or in any warehouse;
  
  (e) the storage of goods or cargo;
  
  (f) shipbuilding; and
  
  (g) an activity declared under subsection (3) to be industry;"private road" (私家路) means a private road within the meaning of the Road Traffic Ordinance (Cap 374). (Replaced 46 of 1995 s. 3)
  
  (3) For the purposes of this section, the Governor may, by notice in the Gazette, declare an activity to be-
  
  (a) construction work; or
  
  (b) an industry. (Added 46 of 1995 s. 3)
  
  (Added 80 of 1988 s. 15)
  
  Cap 272 s 4 Obligation on users of motor vehicles to be insured against third party risks
  
  (1) Subject to the provisions of this Ordinance it shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Ordinance.
  
  (2) (a) If a person acts in contravention of this section, he shall be liable to a fine of $10000 and to imprisonment for 12 months, and a person convicted of an offence under this section shall (unless the court for special reasons thinks fit to order otherwise) be disqualified from holding or obtaining a licence to drive a motor vehicle for such period as the court may determine being not less than 12 months nor more than 3 years from the date of conviction. (Replaced 22 of 1976 s. 2)
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