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[接上页] (4) Subject to subsection (5), where the insurer has remitted to the Board an amount equivalent to the levy payable on a premium in respect of an insurance policy and deemed under section 15(2) or (3) to have been received by him from the insured, but no such levy has actually been so received by him on expiry of the period of 3 months referred to in section 15(5)(c), and no deduction has been made under that subsection in respect of any remittance by that insurer, the Board shall, if requested by that insurer, reimburse him with that equivalent amount. (5) No reimbursement of an equivalent amount under subsection (4) shall be made by the Board to an insurer once a period of 12 months has elapsed from the date of issue of the insurance policy referred to in that subsection unless a request for such reimbursement is made to the Board by that insurer before expiry of that period. (Enacted 1990) Cap 411 s 21 Offences PART V MISCELLANEOUS (1) Any person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of the payment of a levy, whether due from him or from any other person, commits an offence and is liable on conviction to a fine of $10000 or 20 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater. (2) Any person who- (a) lodges, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those purposes of any declaration or other document, or record, which to his knowledge is false in a material particular; (b) in keeping or maintaining any record for the purposes of this Ordinance, makes an entry which to his knowledge is false in a material particular; or (c) in providing any information for the purposes of this Ordinance, makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,commits an offence and is liable to a fine of $10000 or, where such conduct resulted in or was intended by the person to result in the non-payment or non-remittance of any amount of levy, 20 times such amount of levy, whichever is the greater. (Enacted 1990) Cap 411 s 22 Evidence by certificate A certificate purporting to be signed by the Chairman or any member authorized by the Board- (a) that any information required to be submitted under section 17(1)(b) or (3) has or has not been submitted or has or has not been submitted at any date; (b) that any notice received by or under this Ordinance has or has not been given or has or has not been given at any date; or (c) that any amount of levy due under this Ordinance has not been paid,shall be sufficient evidence of that fact until the contrary is proved. (Enacted 1990) Cap 411 s 23 Chief Executive may give directions Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Chief Executive may give to the Board such directions as he thinks fit in relation to the performance of the Board's functions or the exercise of the Board's powers and the Board shall comply with those directions. (Amended 56 of 2000 s. 3) (2) No such direction shall be inconsistent with any provision of this Ordinance. (Enacted 1990) Cap 411 s 24 Service by post Any document required to be served under this Ordinance may be served by post. (Enacted 1990) Cap 411 s 25 Financial Secretary may charge fees The Financial Secretary may charge fees for any service provided to the Board by the Government. (Enacted 1990) Cap 411 s 26 Regulations Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Chief Executive in Council may by regulation provide- (Amended 56 of 2000 s. 3) (a) for records to be kept by every insurer, agent of the insurer or insured; (b) for information to be supplied by every insurer, agent of the insurer or insured; (c) for any matter or any form which is to be or may be prescribed; and (d) generally, for the better carrying out of the provisions and purposes of this Ordinance.(2) Regulations under this section may provide that a contravention of any specified provision of any such regulation shall be an offence and may provide penalties therefor not exceeding a fine of $10000. (Enacted 1990) Cap 411 s 27 Amendment of Schedules Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 The Chief Executive in Council may, by notice in the Gazette, amend Schedules 1 and 2. (Enacted 1990. Amended 56 of 2000 s. 3) Cap 411 s 28 Protection of members, etc. of Board (1) No- (a) member of the Board; (b) member of any committee of the Board; (c) employee of the Board; (d) person exercising powers in association with the Board under section 5(2)(c),acting in good faith shall be personally liable for any act done or default made by- (i) the Board; (ii) any committee of the Board; (iii) any such member, employee or person,in the exercise and performance (or the purported exercise and performance) of the powers and functions conferred and imposed on the Board under this Ordinance. |