### Insurance Ordinance 《保險業條例》

41E. Investigator may require explanation, etc. to be verified by statutory declaration
(1) If a person gives any explanation, particulars or answer in compliance with a requirement imposed under section 41D(5), the investigator may, in writing, require the person to verify, within the time specified in the requirement, the explanation, particulars or answer by a statutory declaration.
(2) If a person does not give any explanation, particulars or answer in compliance with a requirement imposed under section 41D(5) for the reason that the information concerned was not within the person’s knowledge or possession, the investigator may, in writing, require the person to verify, within the time specified in the requirement, by a statutory declaration, that the person did not comply with the requirement for that reason.
(3) A statutory declaration under subsection (1) or (2) may be made before the investigator and, for that purpose, the investigator is to have full power to administer the statutory declaration.

41F. Application to Court of First Instance for inquiry into failure
(1) If a person fails to comply with a requirement imposed by an inspector under section 41B or 41C or an investigator under section 41D or 41E, the inspector or investigator may apply by originating summons to the Court of First Instance for an inquiry into the failure.
(2) On an application under subsection (1), the Court of First Instance—
(a) on being satisfied that there is no reasonable excuse for the person not to comply with the requirement, may order the person to comply with the requirement within the time specified by the Court; and
(b) on being satisfied that the failure was without reasonable excuse, may punish the person, and any other person knowingly involved in the failure, in the same manner as if the person and that other person had been guilty of contempt of court.
(3) An originating summons under subsection (1) is to be in Form No. 10 in Appendix A to the Rules of the High Court (Cap. 4 sub. leg. A).
(4) Despite anything in this Ordinance, no proceedings may be instituted against a person for subsection (2)(b) in respect of a conduct if—
(a) criminal proceedings have previously been instituted against the person under section 41G(1), (2), (3), (4) or (5) in respect of the same conduct; and
(b) those proceedings remain pending, or because of the previous institution of those proceedings, no criminal proceedings may again be lawfully instituted against that person under section 41G(1), (2), (3), (4) or (5) in respect of the same conduct.

### Insurance Ordinance 《保險業條例》

41H. 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 Part, 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 Part; 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 41G(1), (2), (3), (4) or (5), or under Part V of the Crimes Ordinance (Cap. 200); or
(b) perjury.

41I. 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 41B or 41D; 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》

41J. 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 41D—
(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》

41L. Removal of records and documents under section 41K
(1) A record or document removed under section 41K(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 41K(2), the authorized person must, as soon as practicable after the removal, give a receipt for the record or document.

41M. Lien claimed on records or documents
If the person in possession of a record or document required to be produced under section 41B or 41D 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.

41N. Production of information in information systems, etc.
If any information or matter contained in a record or document required to be produced under section 41B or 41D 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.

41O. Inspection of records or documents seized, etc.
(1) If a specified person has taken possession of a record or document under this Part, 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 41K; or
(b) an investigator.