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[接上页] (i) if the insurer is carrying on insurance business at the commencement of this Ordinance, within 1 month from such commencement; or (ii) if the insurer begins to carry on insurance business after such commencement, within 1 month from beginning to do so; and(b) under subsection (1)(b) shall be made- (i) if the insurer is carrying on long term business at the commencement of this Ordinance, within 1 month from such commencement; (ii) if the insurer begins to carry on long term business after such commencement, within 1 month from beginning to do so.(3) An insurer making an appointment under subsection (1) shall within 1 month from making the appointment serve on the Insurance Authority a notice in writing stating that fact and the name and qualifications of the person appointed. (4) (Repealed 59 of 1993 s. 6) (5) Any insurer which fails to comply with any of the provisions of this section commits an offence and is liable to a fine at level 4, together with a further fine of $1000 for each day on which the offence continues. (Amended 59 of 1993 s. 6; 35 of 1996 s. 11) Cap 41 s 15A Notification in respect of auditors appointed under section 15 (1) An insurer shall immediately give written notice to the Insurance Authority if- (a) the insurer decides to remove or replace an auditor appointed under section 15; (b) a person appointed under section 15 to be the auditor of the insurer ceases to be such auditor otherwise than in consequence of a decision referred to in paragraph (a); or (c) in relation to an insurer incorporated in Hong Kong- (i) the insurer either- (A) proposes to give special notice to its shareholders of a resolution removing an auditor appointed under section 131 of the Companies Ordinance (Cap 32) before the expiration of his term of office; or (B) gives notice to its shareholders of a resolution replacing an auditor so appointed at the expiration of his term of office; and(ii) the auditor so appointed has also been appointed under section 15 to be the auditor of the insurer.(2) An auditor appointed under section 15 and, in the case of paragraph (c), an auditor appointed under paragraph 4(1A) of Part 1 of the Third Schedule, by an insurer shall immediately give written notice to the Insurance Authority if he- (Amended 26 of 1994 s. 3) (a) resigns; (b) where he has been so appointed for a fixed term, decides not to seek reappointment; or (c) decides to add a qualification or adverse statement to his report annexed to the accounts and statements of the insurer required to be submitted under the Third Schedule. (Amended 26 of 1994 s. 3)(3) Any insurer which fails to comply with subsection (1) commits an offence and is liable to a fine at level 4, together with a further fine of $1000 for each day on which the offence continues. (Amended 35 of 1996 s. 12) (4) Where a person is charged with an offence under subsection (3), it shall be a defence if the person charged proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (Added 59 of 1993 s. 7) Cap 41 s 15B Notification in respect of actuaries appointed under section 15 (1) An insurer which carries on long term business shall immediately give written notice to the Insurance Authority if- (a) the insurer decides to remove or replace an actuary appointed under section 15; or (b) a person appointed under section 15 to be the actuary of the insurer ceases to be such actuary otherwise than in consequence of a decision referred to in paragraph (a).(2) An actuary appointed under section 15 by an insurer shall immediately give written notice to the Insurance Authority- (a) if he resigns; (b) where he has been so appointed for a fixed term, decides not to seek reappointment; or (c) if- (i) he has advised the insurer that, in his view, a course of action is being, or is proposed to be, followed by the insurer which is likely to cause him to add a qualification or adverse amplification or adverse explanation to his certificate accompanying the information required to be submitted under the Third Schedule in respect of the long term business o |