### Insurance Ordinance 《保險業條例》

34. Power to obtain information and require production of documents
(1) The Authority may require an authorized insurer to furnish it, at specified times or intervals, with information about specified matters being, if the Authority so requires, information verified in a specified manner.
(2) The Authority may— (Amended 12 of 2015 s. 2)
(a) require an authorized insurer to produce, at such time and place as the Authority may specify, such books or papers as the Authority may specify; or 
(b) authorize any person, on producing (if required so to do) evidence of his authority, to require an authorized insurer to produce to him forthwith any books or papers which that person may specify.
(3) Where by virtue of subsection (2) the Authority or a person authorized by the Authority has power to require the production of any books or papers from an authorized insurer, the Authority or that person shall have the like power to require production of those books or papers from any person who appears to the Authority or the person authorized by the Authority to be in possession of them; but where any person from whom such production is required claims a lien on books or papers produced by him, the production shall be without prejudice to the lien.
(4) Any power conferred by or by virtue of subsections (2) and (3) to require an authorized insurer or other person to produce books or papers shall include power— (Amended 12 of 2015 s. 2)
(a) if the books or papers are produced—
(i) to take copies of them or extracts from them; and
(ii) to require that person, or any other person who is a present or past director, controller, auditor or actuary of, or is or was at any time employed by, the insurer in question, to provide an explanation of any of them;
(b) if the books or papers are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
(5) (Repealed 12 of 2015 s. 47)(6) (Repealed 28 of 2012 ss. 912 & 920)(Amended 12 of 2015 s. 2)

### Insurance Ordinance 《保險業條例》

35A. Requirement under section 35(1) to make deposit
(1) Without limiting the generality of section 35(1), a requirement imposed under that section on an authorized insurer may include a requirement that the insurer— (Amended 51 of 1992 s. 8; 12 of 2015 s. 2)
(a) shall make a deposit—
(i) of an amount of money specified in that requirement;
(ii) with a bank, or a bank belonging to a class of banks, specified in that requirement;
(iii) in the name of the Authority as trustee for the insurer; and 
(iv) on a date not later than the date specified in that requirement;
(b) shall place in the custody of the Authority, on a date not later than the date specified in that requirement, a receipt, or other document, that evidences, to the satisfaction of the Authority, that the deposit referred to in paragraph (a) has been made;
(c) shall keep the deposit referred to in paragraph (a) free from any charge both on, and from, the day upon which that deposit is made; and
(d) shall not—
(i) take any action; or
(ii) issue any instruction to any bank at which the deposit referred to in paragraph (a) is held from time to time,
which would result in the release of that deposit, or any part of that deposit, to the insurer or to any other person.
(2) Nothing in subsection (1) shall prevent an authorized insurer from using, in such manner as it thinks fit, any interest earned on a deposit made under that subsection by the insurer.
(3) If a charge is created or purported to be created by an authorized insurer at a time when there is in force a requirement under subsection (1), the charge shall, to the extent that it is a charge or purports to be a charge on the deposit referred to in subsection (1)(a) to which the requirement relates, be void against all persons.
(4) For the purposes of this section—
charge (押記) includes lien, encumbrance, equitable interest and third party rights;
deposit (存款) includes a renewal of a deposit.
(Added 74 of 1985 s. 2. Amended 12 of 2015 s. 2)

### Insurance Ordinance 《保險業條例》

35AA. Maintenance of excess of assets over liabilities etc.
(1) If an authorized insurer fails to maintain an excess of the value of its assets over the amount of its liabilities of such amount as may be prescribed by or determined in accordance with rules made under section 129(1)(b), the Authority may require the insurer— (Amended 29 of 1997 s. 8; 12 of 2015 ss. 2 & 48)
(a) to submit to the Authority a plan for the restoration of a sound financial position;
(b) where the insurer has submitted a plan under paragraph (a), to propose modifications to the plan to the satisfaction of the Authority if the Authority considers it inadequate; and
(c) to give effect to any such plan accepted by the Authority as adequate.
(2) If any excess of the value of its assets over the amount of its liabilities maintained by an authorized insurer falls below such amount as may be prescribed by or determined in accordance with rules made under section 129(1)(b), the Authority may require the insurer— (Amended 29 of 1997 s. 8; 12 of 2015 ss. 2 & 48)
(a) to submit to the Authority a short term financial scheme;
(b) where the insurer has submitted a scheme under paragraph (a), to propose modifications to the scheme to the satisfaction of the Authority if the Authority considers it inadequate; and
(c) to give effect to any such scheme accepted by the Authority as adequate.
(3) In determining the value of the assets and the amount of the liabilities of an authorized insurer for the purposes of subsections (1) and (2), the Authority may take into account any unpaid share capital, future profits and hidden reserves of the insurer. (Amended 12 of 2015 s. 48)
(Added 25 of 1994 s. 14. Amended 12 of 2015 s. 2)

35B. Accounts
(1) The Authority shall cause proper accounts to be kept of all transactions concerning deposits referred to in section 35A(1) and shall cause to be prepared for every financial year a statement of such accounts, which statement shall be signed by the Authority. (Amended 12 of 2015 s. 2)
(2)-(3) (Repealed 12 of 2015 s. 49)(Added 74 of 1985 s. 2)

### Insurance Ordinance 《保險業條例》

36. Notice of proposed exercise of power under section 27
(1) Before exercising with respect to an authorized insurer the power conferred by section 27 the Authority shall serve on the insurer a written notice stating— (Amended 12 of 2015 s. 2)
(a) that the Authority is considering exercising that power and the ground on which the Authority is considering the exercise of the power; and
(b) that the insurer may, within the period of 1 month from the date of service of the notice, make written representations to the Authority and, if the insurer so requests, oral representations to a person appointed for the purpose by the Authority. (Amended 12 of 2015 s. 50)
(2) This section shall not apply if the ground on which the Authority proposes to exercise the power relates (as provided in section 26(1)(e)) to the fitness of any person to hold the position of director or controller of the insurer.
(3) A notice under this section shall give particulars of the ground on which the Authority is considering the exercise of the power except that no particulars need be given if the ground is that mentioned in section 26(2).
(4) Where representations are made in accordance with this section the Authority shall take them into consideration before exercising the power.
(Amended 12 of 2015 s. 2)