【法规名称】
【法规编号】 82483 什么是编号？
【正 文】
第2页 CAP 41 INSURANCE COMPANIES ORDINANCE
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[接上页] "Manager" (经理), in relation to an insurer, means the person appointed, pursuant to section 35(2)(b), to be the Manager of the insurer; (Added 51 of 1992 s. 2) "policy" (保单)- (a) in relation to long term business, includes an instrument evidencing a contract to pay an annuity upon human life; (b) in relation to insurance business of any other class, includes any policy under which there is for the time being an existing liability already accrued or under which a liability may accrue;"policy holder" (保单持有人) means the person who for the time being is the legal holder of a policy for securing a contract with an insurer, and- (a) in relation to such long term business as consists in the granting of annuities upon human life, includes an annuitant; and (b) in relation to insurance business of any other kind, includes a person to whom, under a policy, a benefit is due or a periodic payment is payable;"premiums receivable" (可收取保费) has the meaning assigned to it by section 10(5); "prescribed" (订明) means prescribed by regulations made under section 59; (Amended 35 of 1996 s. 2) "prescribed person" (订明人士) means- (a) an auditor, former auditor, actuary or former actuary- (i) of an insurer or a former insurer; and (ii) appointed under section 15 or paragraph 4(1A) of Part 1 of the Third Schedule; or (Amended 26 of 1994 s. 2) (b) an accountant, former accountant, actuary or former actuary- (i) of an insurer or a former insurer; and (ii) appointed by the insurer or former insurer, as the case may be, in compliance with a requirement under section 35(1); or (Added 59 of 1993 s. 2. Amended 76 of 1994 s. 3)(c) an auditor or former auditor of an insurance broker or a former insurance broker appointed under section 72; (Added 76 of 1994 s. 3)"subordinated loan stock" (后偿债权股额), in relation to a company, means a loan which in the event of the winding up of the company is repayable by the company only after all of the liabilities of the company, other than those in respect of share capital, have been paid in full; "subsidiary" (附属公司) has the meaning assigned to it by section 2(4), (5) and (6) of the Companies Ordinance (Cap 32); "working day" (工作日) means any day other than a public holiday or a gale warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 25 of 1994 s. 2) (Amended 25 of 1994 s. 2)(2) References in this Ordinance to an insurer include references to an insurer formed or established in Hong Kong and carrying on insurance business outside Hong Kong, whether or not the insurer is also carrying on insurance business in Hong Kong. (3) For the purposes of this Ordinance, a person shall be deemed to carry on a class of insurance business in or from Hong Kong if- (a) he opens or maintains an office or agency in Hong Kong for the purpose of carrying on that class of insurance business in or from Hong Kong; or (b) he holds himself out as carrying on that class of insurance business in or from Hong Kong.(4) A person shall not be deemed to carry on insurance business in or from Hong Kong by reason only that any person acts as his agent for the purpose of settling claims under contracts of goods in transit insurance entered into wholly outside Hong Kong in respect of goods consigned to Hong Kong. (5) A person shall not be deemed to be within the meaning of any provision of this Ordinance a person in accordance with whose directions or instructions the directors of a company or other body corporate or any of them are accustomed to act by reason only that the directors of the company or body act on advice given by him in a professional capacity. (6) An insurer which is a company shall be subject to the Companies Ordinance (Cap 32) as well as to this Ordinance, except that, where there is any conflict or inconsistency between the Companies Ordinance (Cap 32) and this Ordinance, the provisions of this Ordinance shall prevail. (Added 51 of 1992 s. 2) (7) For the purpose of this Ordinance- (a) "captive insurer" (专属自保保险人) means a company ("relevant company") which carries on general business only and such business- (i) does not relate to any liabilities or risks in respect of which persons are required by any Ordinance to be insured; and (ii) is restricted to the insurance and reinsurance of risks of the companies within the same grouping of companies to which the relevant company belongs;(b) the following companies shall be regarded as within the same grouping of companies to which the relevant company belongs- (i) a company ("first company") which belongs to the relevant company's group of companies; (ii) a company ("second company") in respect of which the relevant company or the first company holds, or is entitled to control the exercise of, not less than 20% but not more than 50% of the voting power at any general meeting of the second company; (iii) a company ("third company") where the third company is a subsidiary of the second company;(c) "group of companies" (公司集团) has the meaning assigned to it under section 2 of the Companies Ordinance (Cap 32). (Added 29 of 1997 s. 2) |
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