【法规名称】
【法规编号】 79951 什么是编号？
【正 文】
第4页 CAP 411 EMPLOYEES' COMPENSATION INSURANCE LEVIES ORDINANCE
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[接上页] (a) a handling charge to be calculated as prescribed by the Secretary for Financial Services and the Treasury from time to time; (Amended L.N. 106 of 2002) (b) the amount of any refund of levy paid to an insured during that relevant period under section 20(1); and (c) subject to subsections (6) and (9) and section 17(3), the amount of any levy deemed under subsection (2) or (3) to have been received by him but not actually so received on expiry of a period of 3 months from the date of issue of the insurance policy to which that levy related.(6) Any levy payable on a premium under section 14 in respect of an insurance policy and so received by an insurer after a deduction has been made under subsection (5)(c) in respect of that levy (as then unpaid or, if paid, not then received by him) shall be remitted forthwith by that insurer to the Board together with such information as may be necessary to identify that policy. (7) Any person who, without reasonable excuse, contravenes subsection (1)(a), (b) or (c) or (4)(a) or (b) commits an offence and is liable to a fine of $10000. (8) An insurer who, without reasonable excuse, contravenes subsection (4)(c) or (6) commits an offence and is liable to a fine of $10000 or 20 times the amount of levy that was not remitted to the Board, whichever is the greater. (9) No deduction under subsection (5)(c) shall be made by any insurer in respect of any levy not actually received by that insurer once a period of 12 months has elapsed from the date of issue of the insurance policy to which that levy related. (10) Subject to section 20, this section shall not apply- (a) to an insurer or his agent who has received any levy payable under section 14 on a premium payable by an insured in respect of an insurance policy; or (b) to an insurer who is deemed under subsection (2) or (3) to have received any levy so payable,where that insurance policy is not in force for whatever reason, or has been cancelled by the insurer and the insurer or his agent, as the case may be, has, as soon as practicable, returned or refunded the premium and, where the levy thereon has been paid, that levy in respect of that policy to the insured. (Enacted 1990) Cap 411 s 16 Protection of levy in the hands of the insurer No winding-up proceedings under the Companies Ordinance (Cap 32) or bankruptcy proceedings under the Bankruptcy Ordinance (Cap 6) brought in respect of an insurer shall affect any levy (or an amount equivalent thereto) in the hands of that insurer and such levy (or equivalent amount) shall not be treated as part of the assets or property of that insurer for the purposes of such proceedings under those Ordinances. (Enacted 1990) Cap 411 s 17 Insurer to keep records and submit report (1) In relation to any relevant period, every insurer shall- (a) keep and maintain in respect of every insurance policy issued by him in that relevant period a record of- (i) the number identifying the policy; (ii) the name, address and place of business of the insured; (iii) the amount of premium paid or payable and the date of its receipt; (iv) the amount of any refund of premium paid to an insured and the date of its payment; (v) the amount of levy received or deemed to have been so received and the date of its receipt or deemed receipt; (vi) the amount of any refund of levy paid to an insured and the date of its payment; and (vii) the date of remittance to the Board of the amount of levy so received, or an amount equivalent thereto deemed to have been so received, as the case may be; and(b) submit to the Board not later than 2 months after the end of that relevant period a report containing such information relating to the levy in such form as may be prescribed.(2) In relation to any financial year, every insurer shall submit to the Board, not later than 3 months after the end of that financial year, a statement, in such form and certified in such manner as may be prescribed, containing- (a) the amounts of premium received during that financial year; (b) the amounts of levy received during that year under section 15(1) or deemed under section 15(2) or (3) to have been so received; (c) the amounts of levy or such amounts equivalent thereto remitted during that year; and (d) the amounts of levy refunded during that year.(3) Where an insurer has made a deduction in accordance with section 15(5)(c) in respect of a levy payable on a premium payable by an insured in respect of an insurance policy, the insurer shall submit to the Board at the same time as he makes a remittance to the Board in respect of which the deduction is made the following information- (a) the number identifying the insurance policy in respect of which the levy payable on the premium payable by that insured in respect of that policy has not actually been received by him; (b) the name, address and place of business of the insured to whom that policy was issued; (c) the amount of premium paid and the date of its receipt; |
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