### Insurance Ordinance 《保險業條例》

131. Rules may limit effect of Ordinance
(1) Except as otherwise provided in this Ordinance, rules made by the Authority may, subject to the terms and conditions specified in them, provide for the matters referred to in subsections (2) and (3).
(2) The rules may provide that the provisions of this Ordinance specified in the rules have no effect, or only have effect to a specified extent, in relation to a specified person or to members in a specified class of persons—
(a) who is or are, or may be, required to be licensed because of the person or the members doing anything that is incidental to another business; or
(b) who is or are, or may be, required to be licensed because of the involvement of the person or the members in a specified class of insurance business.
(3) If the provisions of this Ordinance specified in the rules require an application, statement, notice or other document (however described) to be lodged or filed with or submitted to the Authority, the rules may provide that those provisions are to be regarded as having been complied with if the application, statement, notice or other document is lodged or filed with or submitted to any other specified person.

132. Authority must publish draft rules
(1) If the Authority proposes to make rules under a provision of this Ordinance, it must publish a draft of the proposed rules, in the manner it considers appropriate, for inviting representations on the proposed rules by the public.
(2) If the Authority makes rules after a draft has been published under subsection (1) in relation to the rules, it must comply with subsections (3) and (4).
(3) The Authority must publish, in the manner that it considers appropriate, an account setting out in general terms—
(a) the representations made on the draft; and
(b) the response of the Authority to the representations.
(4) If the Authority considers the rules made are significantly different from the draft, the Authority must publish, in the manner it considers appropriate, details of the difference.
(5) Subsections (1) and (2) do not apply if the Authority considers, in the circumstances of the case, that—
(a) it is inappropriate or unnecessary that those subsections should apply; or
(b) the delay involved in complying with those subsections would not be—
(i) in the interests of policy holders or potential policy holders; or
(ii) in the public interest.

### Insurance Ordinance 《保險業條例》

133. Codes or guidelines on functions of Authority, etc.
(1) The Authority may publish, in the Gazette and in any other manner it considers appropriate, codes or guidelines that it considers appropriate for giving guidance—
(a) in relation to a matter relating to any of the functions of the Authority under this Ordinance; or
(b) in relation to the operation of a provision of this Ordinance.
(2) To avoid doubt, the power of the Authority to publish codes or guidelines under this section is in addition to and not in derogation of any other power of the Authority to publish codes or guidelines under any provision of this or any other Ordinance.
(3) The Authority may from time to time amend the whole or any part of a code or guideline published.
(4) A failure on the part of a person to comply with the provisions set out in a code or guideline does not by itself render the person liable to any judicial or other proceedings.
(5) However, in any proceedings under this Ordinance before a court—
(a) the code or guideline is admissible in evidence; and
(b) if a provision in the code or guideline appears to the court to be relevant to a question arising in the proceedings, the court must, in determining the question, take into account any compliance or non-compliance of the provision.
(6) A code or guideline published under this section—
(a) may be of general or special application or may be made so as to apply only in specified circumstances; and
(b) may make different provisions for different circumstances and provide for different cases or classes of cases.
(7) A code or guideline published under this section is not subsidiary legislation.

### Insurance Ordinance 《保險業條例》

134. Orders and regulations for levies
(1) If a contract of insurance relates to—
(a) a prescribed class of insurance business; or
(b) a prescribed type of contract of insurance,
a prescribed levy is payable to the Authority for the contract by its policy holder.
(2) For the purposes of subsection (1), the Chief Executive in Council, by order published in the Gazette—
(a) may specify any rate or amount as a prescribed levy under subsection (1);
(b) may specify any class of insurance business as a prescribed class of insurance business under subsection (1)(a);
(c) may specify any type of contract of insurance as a prescribed type of contract of insurance under subsection (1)(b);
(d) may specify the rate or amount of the prescribed levy payable for a contract of insurance—
(i) as a percentage of the premium payable for the contract of insurance;
(ii) as a fixed amount;
(iii) as a nil rate, nil amount or nil percentage; or
(iv) as to be calculated in any other manner specified in the order; and
(e) may specify different rates for different classes of insurance business or different types of contract of insurance.
(3) The Authority may recover the amount of a levy payable under this section as a civil debt due to it.
(4) The Chief Executive in Council may make regulations for—
(a) the payment of levies;
(b) the payment of charges or penalties for late payment of levies; and
(c) the keeping, examination and audit of the accounts of authorized insurers and licensed insurance intermediaries relating to the collection and payment of levies.

135. Reduction of levies
(1) If during a financial year of the Authority the requirements set out in subsection (2) are met, the Authority must consult the Financial Secretary with a view to recommending to the Chief Executive in Council that the rate or amount of a levy be reduced.
(2) The requirements are—
(a) that the reserves of the Authority, after deducting depreciations and all provisions, are more than twice its estimated operating expenses for the financial year; and
(b) that the Authority has no outstanding debt.
(3) The Authority may, after consulting the Financial Secretary under subsection (1), recommend to the Chief Executive in Council that the rate or amount of a levy be reduced.

### Insurance Ordinance 《保險業條例》

136. Procedural requirements for publishing notices under sections 13AE(14), 95A(4) and 123(7)
(Amended 18 of 2020 s. 18)(1) If the Financial Secretary proposes to publish a notice under section 13AE(14), 95A(4) or 123(7), the Financial Secretary must publish a draft of the proposed notice, in the manner the Financial Secretary considers appropriate, for inviting representations on the proposed notice by the public. (Amended 18 of 2020 s. 18)
(2) If the Financial Secretary publishes a notice after a draft has been published under subsection (1), the Financial Secretary must comply with subsections (3) and (4).
(3) The Financial Secretary must publish, in the manner that it considers appropriate, an account setting out in general terms—
(a) the representations made on the draft; and
(b) the response of the Financial Secretary to the representations.
(4) If the Financial Secretary considers the notice published is significantly different from the draft, the Financial Secretary must publish, in the manner the Financial Secretary considers appropriate, details of the difference.
(5) Subsections (1) and (2) do not apply if the Financial Secretary considers, in the circumstances of the case, that—
(a) it is inappropriate or unnecessary that those subsections should apply; or
(b) the delay involved in complying with those subsections would not be—
(i) in the interests of policy holders or potential policy holders; or
(ii) in the public interest.
(6) The Financial Secretary may direct the Authority to publish on behalf of the Financial Secretary—
(a) the draft of the proposed notice under subsection (1);
(b) the account under subsection (3); or
(c) the details of the difference under subsection (4).