【法规名称】
【法规编号】 82483 什么是编号？
【正 文】
第9页 CAP 41 INSURANCE COMPANIES ORDINANCE
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[接上页] (a) that the Insurance Authority is considering the service on the insurer of a notice of objection on that ground; and (b) that the insurer and that person may, within 1 month from the date of service of the preliminary notice, make representations in writing to the Insurance Authority and, if the insurer or that person so requests, oral representations to a public officer appointed for the purpose by the Insurance Authority.(6) The Insurance Authority shall not be obliged to disclose to the insurer or to the person proposed to be appointed as a controller any particulars of the ground on which he is considering the service on the insurer of a notice of objection. (7) Where representations are made in accordance with subsection (5)(b), the Insurance Authority shall take them into consideration before serving the notice of objection concerned. (8) If the insurer or the person concerned is aggrieved by the decision of the Insurance Authority to serve a notice of objection on the insurer, the insurer or person concerned may, within 1 month from the date on which the notice is served, appeal against the decision to the Financial Secretary whose decision shall be final. (9) Any authorized insurer which fails to comply with subsection (2) commits an offence and is liable to a fine of $200000. (Amended 35 of 1996 s. 6) (10) Any person who fails to comply with subsection (3) commits an offence and is liable to a fine of $200000 and, in the case of an individual, to imprisonment for 2 years, together with a fine of $2000 for each day on which the offence continues. (Amended 35 of 1996 s. 6) (Added 44 of 1990 s. 3) Cap 41 s 13B Approval of persons proposing to become certain controllers of authorized insurer (1) In this section- "controller" (控权人), in relation to an authorized insurer, means a person who, alone or with any associate within the meaning of section 9(4) or through a nominee, is entitled to exercise, or control the exercise of, 15% or more of the voting power at any general meeting of the insurer; "notice of objection" (反对通知书) means a notice in writing objecting to the person specified in that notice becoming a controller, or being a controller, as the case may be, of the authorized insurer specified in that notice. (2) No person shall become a controller of an authorized insurer incorporated in Hong Kong unless- (a) he has served on the Insurance Authority a notice in writing stating that he proposes to become a controller of that insurer and containing the information specified in the Fifth Schedule; and (b) one of the following occurs- (i) the Insurance Authority has, before the expiration of 3 months from the date of service of that notice, notified him in writing that there is no objection to his becoming a controller of the insurer; (ii) the period referred to in subparagraph (i) has expired without the Insurance Authority having served on him a preliminary notice referred to in subsection (4); or (Amended 35 of 1996 s. 7) (iii) where a preliminary notice referred to in subsection (4) is served on the person- (A) the Insurance Authority has, before the expiration of 2 months from the date of service of the preliminary notice, notified the person in writing that there is no objection to his becoming a controller of the insurer; or (B) the period referred to in sub-subparagraph (A) has expired without the Insurance Authority having served on him a notice of objection. (Added 35 of 1996 s. 7)(3) Where a person- (a) becomes a controller of an insurer in contravention of subsection (2); (b) did not know that the acts or circumstances by virtue of which he became such a controller were such as to have that effect; and (c) subsequently becomes aware of the fact that he has become such a controller,he shall serve on the Insurance Authority, not later than 14 days after becoming aware of that fact, a notice in writing stating that he has become such a controller and containing the information specified in the Sixth Schedule. (4) The Insurance Authority may serve a notice of objection on a person on the ground that it appears to him that the person is not a fit and proper person to become a controller, or to be a controller, as the case may be, of the insurer concerned, but before serving such a notice the Insurance Authority shall serve on that person a preliminary notice in writing stating- (a) that the Insurance Authority is considering the service on him of a notice of objection on that ground; and (b) that he may, within 1 month from the date of service of the preliminary notice, make written representations to the Insurance Authority and, if he so requests, oral representations to a public officer appointed for the purpose by the Insurance Authority.(5) The Insurance Authority shall not be obliged to disclose to a person any particulars of the ground on which he is considering the service on him of a notice of objection. (6) Where representations are made in accordance with subsection (4)(b), the Insurance Authority shall take them into consideration before serving the notice of objection concerned. |
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