### Insurance Ordinance 《保險業條例》

91. Conduct requirements for licensed insurance agencies and their responsible officers
(1) A licensed insurance agency—
(a) must establish and maintain proper controls and procedures for securing compliance with the conduct requirements set out in section 90 by the agency and the licensed technical representatives (agent) appointed by the agency;
(b) must use its best endeavours to secure observance with the controls and procedures established under paragraph (a) by the licensed technical representatives (agent) appointed by the agency;
(c) must ensure that its responsible officer has sufficient authority within the agency for carrying out the responsibilities set out in subsection (2); and
(d) must provide its responsible officer with sufficient resources and support for carrying out the responsibilities set out in subsection (2).
(2) A responsible officer of a licensed insurance agency must use the officer’s best endeavours to ensure that the agency—
(a) has established and maintains proper controls and procedures for securing compliance with the conduct requirements set out in section 90 by the agency and the licensed technical representatives (agent) appointed by the agency; and
(b) uses its best endeavours to secure observance with the controls and procedures established under paragraph (a) by the licensed technical representatives (agent) appointed by the agency.

92. Conduct requirements for licensed insurance broker companies and their responsible officers
(1) A licensed insurance broker company—
(a) must establish and maintain proper controls and procedures for securing compliance with the conduct requirements set out in section 90 by the company and the licensed technical representatives (broker) appointed by the company;
(b) must use its best endeavours to secure observance with the controls and procedures established under paragraph (a) by the licensed technical representatives (broker) appointed by the company;
(c) must ensure that its responsible officer has sufficient authority within the company for carrying out the responsibilities set out in subsection (2); and
(d) must provide its responsible officer with sufficient resources and support for carrying out the responsibilities set out in subsection (2).
(2) A responsible officer of a licensed insurance broker company must use the officer’s best endeavours to ensure that the company—
(a) has established and maintains proper controls and procedures for securing compliance with the conduct requirements set out in section 90 by the company and the licensed technical representative (broker) appointed by the company; and
(b) uses its best endeavours to secure observance with the controls and procedures established under paragraph (a) by the licensed technical representatives (broker) appointed by the company.

### Insurance Ordinance 《保險業條例》

93. Breach of conduct requirements
(1) A failure to comply with a requirement specified in section 90, 91 or 92 does not by itself render any person liable to any judicial proceedings.
(2) To avoid doubt, this section does not affect—
(a) the extent (if any) to which a failure to comply with any other provision of this Ordinance is actionable; or
(b) any liability of a person under the common law or any other enactment, regardless of whether the circumstances giving rise to the liability would also constitute a failure mentioned in subsection (1).

94. Rules on conduct requirements for licensed insurance intermediaries
(1) The Authority may make rules requiring licensed insurance intermediaries to comply with the practices and standards, relating to the conduct of the intermediaries in carrying on regulated activities, that are specified in the rules.
(2) Without limiting subsection (1) and without affecting section 131, the Authority may in the rules—
(a) prohibit the use of any misleading or deceptive advertisement by a licensed insurance intermediary and impose conditions on the use of advertisements;
(b) require a licensed insurance intermediary to provide specified information to its client on entering into a policy or on the request of the client;
(c) require a licensed insurance intermediary to take specified steps to ascertain, in relation to its client, specified matters relating to the identity, financial situation and financial and insurance needs of the client that are relevant to the services to be provided by the intermediary;
(d) require a licensed insurance intermediary to take specified steps before providing information or advice to its client;
(e) require a licensed insurance intermediary to take specified steps to ensure that disclosure is made to its client of the coverage, terms and conditions, and risks in relation to the policy recommended to the client;
(f) require a licensed insurance intermediary to take specified steps to ensure that disclosure is made to its client of any commission or advantage that the intermediary receives or is to receive in relation to the policy recommended to the client;
(g) require a licensed insurance intermediary to take specified steps to comply with the conduct requirements under sections 90, 91 and 92;
(h) require a licensed insurance intermediary not to effect a transaction in specified circumstances;
(i) prohibit the use by a licensed insurance intermediary of information relating to the affairs of its clients except in specified circumstances and under specified conditions;
(j) require a licensed insurance intermediary to take specified steps in cases of conflict of interest between the intermediary and its client;
(k) specify the circumstances and conditions under which a licensed insurance intermediary may receive any property or services from another licensed insurance intermediary in consideration of directing business to that other licensed insurance intermediary; and
(l) provide for any other matter in relation to the practices and standards relating to conduct in carrying on regulated activities by a licensed insurance intermediary.

### Insurance Ordinance 《保險業條例》

95. Codes of conduct for licensed insurance intermediaries
(1) The Authority may publish, in the Gazette and in any other manner it considers appropriate, codes of conduct for giving guidance relating to the practices and standards with which licensed insurance intermediaries are ordinarily expected to comply in carrying on regulated activities.
(2) Subsection (1) applies without limiting the powers of the Authority to make rules under section 94.
(3) A code of conduct may refer to obligations to observe—
(a) any other codes or requirements issued or imposed otherwise than by the Authority;
(b) continuing obligations, including an obligation to provide or undergo continuous training; and
(c) practices and standards concerning any of the matters described in section 94(2).
(4) The Authority may from time to time amend the whole or any part of any code of conduct published.
(5) A failure on the part of a licensed insurance intermediary to comply with a code of conduct does not by itself render the intermediary liable to any judicial or other proceedings.
(6) However, the failure may be taken into account in considering, for a provision of this Ordinance, whether the intermediary is a fit and proper person to remain licensed.
(7) In any proceedings under this Ordinance before a court—
(a) a code of conduct is admissible in evidence; and
(b) if a provision in the code 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.
(8) A code of conduct published under this section—
(a) may be of general or special application and 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.
(9) A code of conduct published under this section is not subsidiary legislation.