【法规名称】
【法规编号】 68907 什么是编号？
【正 文】
第3页 CAP 272 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
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[接上页] (f) no part of the deposit shall, so long as any liabilities, being such liabilities as are required to be covered by a policy of insurance under this Ordinance, which have been incurred by the depositor, have not been discharged or otherwise provided for, be applicable in discharge of any other liabilities incurred by the depositor. (Amended L.N. 16 of 1977) Cap 272 s 6 Requirements in respect of policies (1) In order to comply with the requirements of this Ordinance, a policy of insurance must be a policy which- (a) is issued by an authorized insurer; and (b) insures such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the motor vehicle on a road and arising out of one event for an amount not less than that as may be prescribed: (Amended 46 of 1995 s. 4)Provided that such a policy shall not be required to cover- (i) liability in respect of the death arising out of and in the course of his employment of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or (ii) (Repealed 22 of 1976 s. 3) (iii) any contractual liability.(1A) For the avoidance of doubt, the liability covered by a policy required by subsection (1) may be inclusive of the liability for interest, costs and expenses indemnified under the policy and other costs and expenses incurred by the insured and recoverable from the insurer under the policy. (Added 46 of 1995 s. 4) (2) Notwithstanding anything in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons. (3) A policy shall be of no effect for the purposes of this Ordinance unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate (in this Ordinance referred to as a certificate of insurance) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed, and different forms and different particulars may be prescribed in relation to different cases or circumstances. [cf. 1930 c. 43 s. 36 U.K.] Cap 272 s 7 Requirements in respect of securities (1) In order to comply with the requirements of this Ordinance a security in respect of third party risks must- (a) be given either by an authorized insurer or by some body of persons which carries on in Hong Kong the business of giving securities of a like kind and which- (i) has deposited and keeps deposited with the Director of Accounting Services the sum of $1000000 in respect of that business; or (Amended L.N. 16 of 1977) (ii) has been exempted by the Authority, under the provisions of subsection (2) from the obligation to make such deposit; (Amended 46 of 1985 s. 4)(b) consist of an undertaking by the giver of the security to make good, subject to any conditions specified therein, and up to the amount, in the case of an undertaking carrying on the business of transporting for hire or reward passengers by motor vehicles, of not less than $2000000 and, in any other case, of not less than $400000, any failure by the owner of the vehicle or such other persons or classes of persons as may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance under section 6 which may be incurred by him or them. (Amended 46 of 1985 s. 4)(2) The Authority may grant exemption from the obligation to make a deposit under subsection (1)(a), either in relation to any specific body of persons or in relation to any class of body of persons: Provided that the Authority shall not grant exemption as aforesaid unless the Authority is satisfied as to the financial stability of the body of persons, or the body of persons of the class in question, as the case may be. (3) The provisions of section 5 shall apply mutatis mutandis in relation to any deposit made under subsection (1)(a) of this section, subject to the modification that for paragraph (d) of the said section 5 there shall be substituted the following paragraph- "(d) subject to the provisions of paragraph (f) of this section, the deposit shall be retained by the Director of Accounting Services so long as the depositor carries on in Hong Kong the business in respect of which the deposit is made;". (Amended 46 of 1985 s. 4)(4) A security shall be of no effect for the purposes of this Ordinance unless and until there is issued by the person giving the security in favour of the person to whom it is given a certificate (in this Ordinance referred to as a certificate of security) in the prescribed form and containing such particulars of any condition subject to which the security is issued and of any other matters as may be prescribed in relation to different cases or circumstances. |
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