### Insurance Ordinance 《保險業條例》

112. Appeal to Court of Appeal
(1) Subject to subsection (2), if a party to a review is dissatisfied with the determination of the review, the party may appeal to the Court of Appeal against the determination on—
(a) a question of law;
(b) a question of fact; or
(c) a question of mixed law and fact.
(2) No appeal may be made under subsection (1) unless leave to appeal has been granted by the Court of Appeal.
(3) The leave may be granted—
(a) in respect of a particular issue arising out of the determination; and
(b) subject to a condition that the Court of Appeal considers necessary in order to secure the just, expeditious and economical disposal of the appeal.
(4) The leave may only be granted if the Court of Appeal is satisfied that—
(a) the appeal has a reasonable prospect of success; or
(b) there is some other reason in the interests of justice why the appeal should be heard.

113. Powers of Court of Appeal
(1) The Court of Appeal may, in relation to an appeal against a determination of the Tribunal—
(a) allow the appeal;
(b) dismiss the appeal;
(c) vary or set aside the determination and, if the determination is set aside, substitute for the determination another determination that it considers appropriate; or
(d) remit the matter to the Tribunal or to the Authority with any directions it considers appropriate.
(2) If the Court of Appeal varies, or substitutes another determination for, a determination under subsection (1)(c), the determination as varied or the other determination substituting for the determination—
(a) must be a determination that the Tribunal had power to make in respect of the review in question;
(b) may be more or less onerous than the determination varied or substituted; and
(c) may be made under the same provision as that under which the determination varied or substituted has been made or any other provision of this Ordinance.
(3) In an appeal under this section, the Court of Appeal may make any order for payment of costs it considers appropriate.

114. No stay of execution of Tribunal’s determination on appeal
(1) Without prejudice to section 111, the lodging of an appeal under section 112 does not by itself operate as a stay of execution of the determination of the Tribunal appealed against.
(2) If an appeal is lodged under section 112, the Court of Appeal may, on an application made to it by a party to the review, order a stay of execution of the determination of the Tribunal appealed against.
(3) The Court of Appeal may, when making an order under subsection (2), impose a condition that the Court of Appeal considers appropriate, including conditions as to costs and payment of money into the Tribunal.

### Insurance Ordinance 《保險業條例》

115. No other right of appeal
Subject to section 50 of the High Court Ordinance (Cap. 4) and section 112, the determination of the Tribunal is final and is not subject to appeal.

116. Time when specified decisions take effect
(1) Except as otherwise provided in this Ordinance, a specified decision takes effect—
(a) if, before the expiry of the period of 21 days specified in section 100, an affected person notifies the Authority in writing that the person will not apply for a review of the decision—at the time the person so notifies the Authority;
(b) if, within the period of 21 days specified in section 100, the person does not apply for a review of the decision—at the time the period expires; or
(c) if the person applies for a review of the decision within the period of 21 days specified in section 100—
(i) if the decision is confirmed by the Tribunal—at the time the decision is confirmed;
(ii) if the decision is varied, or substituted by another decision, by the Tribunal—at the time the decision is varied or substituted, subject to the terms of the variation or substitution; or
(iii) if the application is withdrawn—at the time the application is withdrawn.
(2) Despite subsection (1), the Authority may, if it considers it appropriate in the public interest to do so in relation to a specified decision, specify in the notice in respect of the decision any time, other than that at which the decision is apart from this section to take effect, as the time at which the decision is to take effect.

117. Power of Chief Justice to make rules
The Chief Justice may make rules—
(a) providing for the award of costs under section 106;
(b) providing for matters relating to the registration of an order of the Tribunal in the Court of First Instance under section 109;
(c) regulating the procedure for the hearing of appeals under section 112;
(d) requiring the payment of the fees specified in the rules for a matter relating to applications for review;
(e) providing for matters of procedure or other matters relating to applications for review, which are not provided for in this Part or in Schedule 10;
(f) providing for the issue or service of any document (however described) for the purposes of this Part or Schedule 10; and
(g) prescribing a matter which this Part provides is, or may be, prescribed by rules made by the Chief Justice.

### Insurance Ordinance 《保險業條例》

118. Immunity
(1) A person is not civilly liable for an act done or omitted to be done by the person in good faith in performing or purportedly performing a function under this Ordinance.
(2) Subsection (1) does not apply to—
(a) an auditor appointed under section 5E, 72 or 95ZF; and (Amended 18 of 2020 s. 14)
(b) an auditor or actuary appointed under section 15.

119. Misleading statements, etc. and false information
(1) A person commits an offence if the person induces or attempts to induce another person to enter into, or offer to enter into, a contract of insurance—
(a) by a statement, promise or representation which the person knows to be false, misleading or deceptive;
(b) by a dishonest concealment of material facts; or
(c) by the reckless making (dishonest or otherwise) of a statement, promise or representation which is false, misleading or deceptive.
(2) A person commits an offence if the person—
(a) causes or permits to be included in a document specified in subsection (3) a statement which the person knows to be false in a material particular; or
(b) recklessly causes or permits to be included in a document specified in subsection (3) a statement which is false in a material particular.
(3) The document specified for subsection (2) is—
(a) a notice or statement or certificate served or furnished or sent out under a provision of this Ordinance; or
(b) a document or copy of a document deposited or submitted under a provision of this Ordinance.
(4) A person who commits an offence under subsection (1) or (2) is liable—
(a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.