### Insurance Ordinance 《保險業條例》

64ZZM. Use of incriminating evidence in proceedings
(1) If an investigator requires a person to give an answer to a question or to give an explanation or further particulars under this Division, the investigator must ensure that the person has first been informed of the effect of subsection (2).
(2) Despite anything in this Ordinance and subject to subsection (3)—
(a) if an investigator requires a person to give an answer to a question or to give an explanation or further particulars under this Division; and
(b) the answer, or the explanation or further particulars, might tend to incriminate the person and the person so claims before giving the answer or giving the explanation or further particulars,
the requirement and the question and answer, or the explanation or further particulars, are not admissible in evidence against the person in criminal proceedings in a court of law.
(3) Subsection (2) does not apply to criminal proceedings in which the person is, in relation to the answer, or the explanation or further particulars, charged with—
(a) an offence under section 64ZZL(1), (2), (3), (4) or (5), or under Part V of the Crimes Ordinance (Cap. 200); or
(b) perjury.

64ZZN. Offences in relation to destruction of records and documents
(1) A person commits an offence if—
(a) the person destroys, falsifies, conceals or otherwise disposes of, or causes or permits the destruction, falsification, concealment or disposal of, a record or document that the person is required by an inspector or investigator to produce under section 64ZZF or 64ZZH; and
(b) the person does so with intent to conceal, from the inspector or investigator, facts or matters capable of being disclosed by the record or document.
(2) A person who commits an offence under subsection (1) 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.

### Insurance Ordinance 《保險業條例》

64ZZO. Order to pay costs of investigation
(1) If a person is convicted by a court on a prosecution instituted as a result of the findings of an investigation under section 64ZZH—
(a) the court may order the person to pay to the Authority the whole or a part of the costs and expenses of the investigation; and
(b) the Authority may recover the whole or that part of the costs and expenses as a civil debt due to it.
(2) Subsection (3) applies if—
(a) the Authority receives an amount under an order made under subsection (1) in respect of any of the costs and expenses of an investigation; and
(b) all or any of the costs and expenses have already been paid out of moneys provided by the Legislative Council.
(3) The Authority must pay to the Financial Secretary the amount received under the order to the extent to which it has already been paid out of moneys provided by the Legislative Council.

### Insurance Ordinance 《保險業條例》

64ZZQ. Removal of records and documents under section 64ZZP
(1) A record or document removed under section 64ZZP(2) may be retained—
(a) for a period not exceeding 6 months beginning on the day of its removal; or
(b) for a longer period that may be required because of any criminal proceedings, or any proceedings under this Ordinance.
(2) If an authorized person removes a record or document under section 64ZZP(2), the authorized person must, as soon as practicable after the removal, give a receipt for the record or document.

64ZZR. Lien claimed on records or documents
If the person in possession of a record or document required to be produced under section 64ZZF or 64ZZH claims a lien on the record or document—
(a) the requirement to produce the record or document is not affected by the lien;
(b) no fee is payable for the production; and
(c) the production is without prejudice to the lien.

64ZZS. Production of information in information systems, etc.
If any information or matter contained in a record or document required to be produced under section 64ZZF or 64ZZH is recorded otherwise than in a legible form, a power to require the production of the record or document includes the power to require the production of a reproduction of the recording of the information or matter or of the relevant part of it—
(a) if the recording enables the information or matter to be reproduced in a legible form—in a legible form; and
(b) if the information or matter is recorded in an information system—in a form which enables the information or matter to be reproduced in a legible form.

64ZZT. Inspection of records or documents seized, etc.
(1) If a specified person has taken possession of a record or document under this Division, the specified person must permit a person who would be entitled to inspect the record or document had the specified person not taken possession of it, to inspect it and to make copies or otherwise record details of it at all reasonable times.
(2) The permission is subject to any reasonable conditions the specified person imposes.
(3) In this section—
specified person (指明人士) means—(a) an authorized person within the meaning of section 64ZZP; or
(b) an investigator.

68. Authorized insurer’s relationship with its agent
(Replaced 12 of 2015 s. 76)(1) This section applies if—
(a) an authorized insurer has appointed a person as an agent of the insurer; and
(b) the person has dealings with another person (client

### Insurance Ordinance 《保險業條例》

68A. Validity of agency agreements
If an agency agreement contains a provision purporting to affect, or having the effect of affecting the obligation of a licensed insurance intermediary under section 90(a), that provision is void.
(Added 12 of 2015 s. 77)

71. Licensed insurance broker company’s client monies
(1) A licensed insurance broker company must—
(a) hold any of the monies specified in subsection (2) separate from the company’s monies; and
(b) pay them, as soon as practicable after receiving the monies, into an account maintained by the company with an authorized institution for holding the specified monies.
(2) The monies specified for subsection (1) are—
(a) monies received by the company from or on behalf of a policy holder or potential policy holder for or on account of an insurer in connection with a contract of insurance; and
(b) monies received by the company from or on behalf of an insurer for or on account of a policy holder or potential policy holder.
(3) A licensed insurance broker company must pay to an insurer, within the time as agreed with the insurer, insurance premiums received from a policy holder or potential policy holder that are due to the insurer in relation to a contract of insurance.
(4) A licensed insurance broker company may use client monies relating to a client only for the purposes of that client.
(5) A licensed insurance broker company is entitled to retain the interest that is earned on client monies relating to a client held in the company’s client account unless the client and the company agree otherwise.
(6) A lien or claim on client monies made by or through a licensed insurance broker company is void unless the monies in the client account of the company are for fees then due and owing to the company.
(7) A licensed insurance broker company must not create a charge or mortgage on client monies.
(8) A charge or mortgage on client monies created by a licensed insurance broker company is void.
(9) A licensed insurance broker company which contravenes subsection (1), (4) or (7) commits an offence and is liable—
(a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 5 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.
(Replaced 12 of 2015 s. 79)