### Insurance Ordinance 《保險業條例》

103. Use of incriminating evidence given for the purpose of review
(1) This section applies to any evidence, answer or information given or provided by a person in accordance with a requirement or order of the Tribunal under section 102(1)(c), (e), (f) or (k).
(2) Despite anything in this Ordinance and subject to subsection (3), neither the evidence, answer or information given or provided by the person nor the requirement or order of the Tribunal is 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 charged with an offence under section 102(3)(a), or under Part V of the Crimes Ordinance (Cap. 200), or with perjury, in respect of the evidence, answer or information.

104. Contempt dealt with by Tribunal
(1) The Tribunal has the same powers as the Court of First Instance to punish for contempt.
(2) Without limiting subsection (1), the Tribunal has the same powers as the Court of First Instance to punish for contempt, as if it were contempt of court, a person who, without reasonable excuse, engages in a conduct falling within section 102(3)(a), (b), (c), (d), (e) or (f).
(3) The Tribunal must, in exercising its powers to punish for contempt, adopt the same standard of proof as the Court of First Instance in the exercise of the same powers to punish for contempt.
(4) Despite anything in this Ordinance—
(a) no power may be exercised under this section to determine whether to punish a person for contempt in respect of any conduct if—
(i) criminal proceedings have previously been instituted against the person under section 102(3) in respect of the same conduct; and
(ii) those criminal proceedings remain pending or because of the previous institution of those criminal proceedings, no criminal proceedings may again be lawfully instituted against the person under that section in respect of the same conduct; and
(b) no criminal proceedings may be instituted against a person under section 102(3) in respect of any conduct if—
(i) any power has previously been exercised under this section to determine whether to punish the person for contempt in respect of the same conduct; and
(ii) proceedings arising from the exercise of that power remain pending or because of the previous exercise of that power, no power may again be lawfully exercised under this section to determine whether to punish the person for contempt in respect of the same conduct.

105. Privileged information
This Part and Schedule 10 do not require an authorized institution, acting as the banker or financial advisor of the applicant for a review, to disclose information in relation to the affairs of any of its customers other than that applicant.

### Insurance Ordinance 《保險業條例》

106. Costs
(1) The Tribunal may, in relation to a review, by order award to—
(a) a person whose attendance, whether or not as a witness, has been necessary or required for the purpose of the review; or
(b) a party to the review,
a sum that it considers appropriate in respect of the costs reasonably incurred by the person or party in relation to the review and the application for the review.
(2) The costs awarded must be paid by, and are recoverable as a civil debt from—
(a) if they are awarded to a person under subsection (1)(a)—a party to the review that the Tribunal considers appropriate; or
(b) if they are awarded to a party to the review under subsection (1)(b)—the other party to the review.
(3) Subject to a rule made under section 117, Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the award of costs, and to the taxation of any costs awarded, by the Tribunal under subsection (1).

107. Notification of Tribunal determinations
(1) The Tribunal must, as soon as practicable after completing a review, notify the parties to the review—
(a) its determination and the reasons for the determination; and
(b) any order made under section 106 in relation to the review and the reasons for the order.
(2) If a sitting of the Tribunal, or a part of it, is held in private, the Tribunal may by order prohibit the publication or disclosure of—
(a) its determination, or the reasons for the determination, referred to in subsection (1)(a), or a part of the determination or reasons; or
(b) an order, or the reasons for an order, referred to in subsection (1)(b), or a part of the order or any part of the reasons for the order.
(3) A person commits an offence if the person, without reasonable excuse, fails to comply with an order of the Tribunal made under subsection (2).
(4) A person who commits an offence under subsection (3) 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》

108. Form and proof of orders of Tribunal
(1) An order made by the Tribunal must be recorded in writing and be signed by the chairperson of the Tribunal.
(2) A document purporting to be an order of the Tribunal so signed is, in the absence of evidence to the contrary, presumed to be an order of the Tribunal duly made and signed—
(a) without proof of its making;
(b) without proof of signature; or
(c) without proof that the person signing the order was in fact the chairperson of the Tribunal.

109. Orders of Tribunal may be registered in Court of First Instance
(1) After receiving a notice in writing given by the Tribunal in the manner prescribed by rules made under section 117, the Court of First Instance may register an order of the Tribunal in that Court.
(2) An order so registered is to be regarded for all purposes as an order of the Court of First Instance made within its jurisdiction.

110. Application for stay of execution of specified decisions
(1) Subject to subsections (2) and (4), an application for review does not by itself operate as a stay of execution of the specified decision to which the application relates.
(2) A person who applies for a review or an application referred to in section 100(4) may, at any time before the review or the application is determined by the Tribunal, apply to the Tribunal for a stay of execution of the specified decision to which the application relates.
(3) The Tribunal must, as soon as practicable after receiving an application under subsection (2), conduct a hearing to determine the application.
(4) The Tribunal may by order grant the stay subject to a condition as to costs, payment of money into the Tribunal or other matters that the Tribunal considers appropriate.

111. Applications for stay of execution of determinations of Tribunal
(1) A party to a review may, at any time after the determination of the review by the Tribunal, apply to the Tribunal for a stay of execution of the determination.
(2) On an application under subsection (1), the Tribunal may by order grant the stay subject to a condition as to costs, payment of money into the Tribunal or other matters that the Tribunal considers appropriate.