### Insurance Ordinance 《保險業條例》

95ZZW. Order for payment of pecuniary penalty
(1) A designated insurance holding company ordered to pay a pecuniary penalty under section 95ZZS must pay the penalty to the Authority within 30 days, or a longer period that the Authority specifies by notice under section 95ZZT(3)(d), after the order has taken effect.
(2) The Court of First Instance may, on an application of the Authority, register an order to pay a pecuniary penalty made under section 95ZZS in the Court.
(3) On registration, the order is to be regarded as an order of the Court of First Instance made within the civil jurisdiction of the Court for the payment of money.
(4) For making an application under subsection (2), the Authority must produce to the Registrar of the High Court a written notice requesting that the order be registered, together with the original and a copy of the order.
(5) A pecuniary penalty paid to or recovered by the Authority under an order made under section 95ZZS must be paid by the Authority into the general revenue.

96. Interpretation
In this Part—

affected person (當事人)—
(a) for a specified decision set out in Part 1 of Schedule 9—means—
(i) a person who is aggrieved by the decision; or
(ii) a person in respect of whom the decision is made; or
(b) for a specified decision set out in Part 2 or 3 of Schedule 9—means a person in respect of whom the decision is made; (Amended 18 of 2020 s. 13)

parties (各方), in relation to a review, means—
(a) the Authority; and
(b) the person making the application for the review;

review (覆核) means a review of a specified decision by the Tribunal under section 101;
specified decision (指明決定) means a decision specified in column 2 of Part 1, 2 or 3 of Schedule 9 that is made under, or referred to in, the provision of this Ordinance specified in column 3 of that Schedule opposite that decision. (Amended 18 of 2020 s. 13)

### Insurance Ordinance 《保險業條例》

97. Establishment of Tribunal
(1) A tribunal is established with the name of “Insurance Appeals Tribunal” in English and “保險事務上訴審裁處” in Chinese.
(2) The Tribunal has jurisdiction to, in accordance with this Part and Schedule 10—
(a) review specified decisions; and
(b) hear and determine a question or issue arising out of or in connection with a review.
(3) If the Chief Executive considers it appropriate to do so, the Chief Executive may establish additional tribunals for any reviews.
(4) The provisions of this Ordinance apply, with necessary modifications, to the additional tribunals as they apply to the Tribunal.

98. Composition of Tribunal
(1) Except as otherwise provided in Schedule 10, the Tribunal—
(a) consists of a chairperson and 2 other members; and
(b) is to be presided over by the chairperson who is to sit with the 2 other members.
(2) A member of the Tribunal (including the chairperson) may be paid, as a fee for his or her service, the amount that the Financial Secretary considers appropriate.
(3) The amount payable under this section is a charge on the general revenue.

99. Schedule 10 has effect in relation to Tribunal
Schedule 10 has effect—
(a) in relation to the appointment of members of the Tribunal;
(b) in relation to the proceedings and sittings of the Tribunal; and
(c) in relation to the procedural and other matters concerning the Tribunal.

100. Applications for review of specified decisions
(1) An affected person may, by notice in writing to the Tribunal, apply to the Tribunal for a review of a specified decision within the period ending 21 days after the notice informing the person of the decision has been served.
(2) An application for review—
(a) must be in writing; and
(b) must state the grounds for the application.
(3) The Tribunal must, as soon as practicable after receiving an application for review, send a copy of the application to the Authority.
(4) On an application by an affected person, the Tribunal may by order extend the time within which the application for review may be made under subsection (1).
(5) The Tribunal may only grant an extension—
(a) if it is satisfied that there is a good cause for granting the extension; and
(b) after the affected person and the Authority have been given a reasonable opportunity to be heard.
(6) On making the order, the time within which the application for review may be made is extended accordingly.

### Insurance Ordinance 《保險業條例》

101. Determination of review by Tribunal
(1) The Tribunal may determine a review of a specified decision by—
(a) confirming, varying or setting aside the decision; or
(b) remitting the matter to the Authority with directions it considers appropriate.
(2) If a specified decision is set aside, the Tribunal may substitute for the decision another decision it considers appropriate.
(3) If the Tribunal varies, or substitutes another decision for, a specified decision, the decision as varied or the other decision substituting for the specified decision—
(a) must be a decision that the Authority had power to make in respect of the review in question;
(b) may be more or less onerous than the specified decision; and
(c) may be made under the same provision as that under which the specified decision has been made or any other provision of this Ordinance.
(4) In reviewing a specified decision, the Tribunal must give the parties to the review a reasonable opportunity to be heard.
(5) Subject to section 104(3), the standard of proof required to determine any question or issue before the Tribunal is to be the standard of proof applicable to civil proceedings in a court of law.