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[接上页] (b) the reference in subsection (1)(b) to a chief executive of the applicant includes a reference to a person employed by the applicant who, alone or jointly with others, is responsible (whether or not under the immediate authority of the directors) for the conduct of the whole of the insurance business carried on by the applicant within Hong Kong, not being a person who- (i) is also responsible for the conduct of insurance business carried on by the applicant elsewhere; and (ii) has a subordinate who is responsible for the whole of the insurance business carried on by the applicant within Hong Kong.(4) In this section "associate" (相联者), in relation to any person, means- (a) the wife or husband or minor child of that person; (b) any body corporate of which that person is a director; (c) any person who is an employee or partner of that person; (d) if that person is a body corporate- (i) any director of that body corporate; (ii) any subsidiary of that body corporate; (iii) any director or employee of any such subsidiary,and for the purposes of this subsection "child" includes a step-child. Cap 41 s 10 Meaning of "relevant amount" (Τ闽计肂) in section 8(3) *(1) Subject to subsection (1A), the relevant amount in the case of a company carrying on or intending to carry on general business only shall be the amount applicable to that company according to the following Table- (Amended 25 of 1994 s. 5; 29 of 1997 s. 4) TABLE Case Amount Applicable 1. The relevant premium income of the company in its last preceding financial year, or the relevant claims outstanding of the company as at the end of its last preceding financial year, whichever is the greater, did not exceed $50 million or its equivalent. $10 million or its equivalent. 2. The said income in that year, or the said claims outstanding as at the end of that year, whichever is the greater, exceeded $50 million but did not exceed $200 million or its equivalent. One-fifth of the said income in that year, or one-fifth of the said claims outstanding at the end of that year, as the case may be. 3. The said income in that year, or the said claims outstanding as at the end of that year, whichever is the greater, exceeded $200 million; or its equivalent. The aggregate of $40 million and- (a) one-tenth of the amount by which the said income in that year exceeded $200 million; or (b) one-tenth of the amount by which the said claims outstanding as at the end of that year exceeded $200 million, as the case may be, or its equivalent.In the case of a company referred to in section 8(3)(b)(iii), the amount applicable shall be not less than $20000000 or its equivalent. (Replaced 35 of 1996 s. 5) (1A) The relevant amount in the case of a company carrying on or intending to carry on business as a captive insurer shall be the amount applicable to that company according to the following Table- TABLE Case Amount Applicable 1. The net premium income of the company in its last preceding financial year, or the net claims outstanding of the company as at the end of its last preceding financial year, whichever is the greater, did not exceed $40 million or its equivalent. $2 million or its equivalent. 2. The said income in that year, or the said claims outstanding as at the end of that year, whichever is the greater, exceeded $40 million or its equivalent. 5% of the said income in that year, or 5% of the said claims outstanding as at the end of that year, as the case may be. (Added 29 of 1997 s. 4)(2) The relevant amount in the case of a company carrying on or intending to carry on long term business only, if any part of the long term business carried on or intended to be carried on is of a nature other than that specified in class G or H in Part 2 of the First Schedule, is $2000000 or its equivalent. (Amended 25 of 1994 s. 5) (3) The relevant amount in the case of a company carrying on or intending to carry on both general business and long term business is the aggregate of the following amounts- (Amended 25 of 1994 s. 5) (a) the amount which, if subsection (1) applied, would be the relevant amount in the case of that company having regard only to its general business; and (b) if any part of the long term business carried on or intended to be carried on is of a nature other than that specified in class G or H in Part 2 of the First Schedule, $2000000 or its equivalent. (Amended 59 of 1993 s. 4)(4) For the purposes of this section- (a) in the case of a company whose last preceding financial year was not a period of 12 months, the premium income in that financial year shall be deemed to be the sum obtained by dividing the amount of premiums receivable in that financial year by the number of days in that financial year and multiplying the result by 365; (b) the relevant premium income of a company in any financial year shall be whichever is the greater of the following amounts- (i) an amount equal to 50% of the gross premium income of the company in that financial year; |