### Insurance Ordinance 《保險業條例》

41A. Interpretation
In this Part—

business record (業務紀錄), in relation to an insurer, means a record or document relating to—
(a) the business conducted by the insurer; or
(b) a transaction or activity that was undertaken in the course of, or may affect, the business conducted by the insurer;

inspector (查察員) means a person appointed as an inspector under section 41B(6);
investigator (調查員) means a person directed or appointed by the Authority under section 41D(1) to investigate any matter.

### Insurance Ordinance 《保險業條例》

41B. Power to conduct inspection
(1) An inspector may exercise the powers under subsections (2) and (3) for ascertaining whether an authorized insurer is complying with, has complied with, or is likely to be able to comply with—
(a) a provision of this Ordinance;
(b) a notice or requirement given or imposed under a provision of this Ordinance;
(c) a term or condition of an authorization granted under section 8 or 8A; or (Amended 17 of 2020 s. 16)
(d) any other condition imposed under a provision of this Ordinance.
(2) At any reasonable time, an inspector—
(a) may enter any premises used by the authorized insurer in connection with its business;
(b) may inspect, and may make copies or otherwise record details of, a business record of the insurer; and
(c) may make inquiries of the insurer or a person specified in subsection (5)—
(i) concerning a business record of the insurer; or
(ii) concerning a transaction or activity that was undertaken in the course of, or may affect, the business conducted by the insurer.
(3) In exercising a power under subsection (2)(b) or (c), the inspector may require the authorized insurer, or a person specified in subsection (5)—
(a) to give the inspector access to a business record of the insurer;
(b) to produce to the inspector, within the time and at the place specified in the requirement, a business record of the insurer; and
(c) to answer a question concerning—
(i) a business record of the insurer; or
(ii) a transaction or activity that was undertaken in the course of, or may affect, the business conducted by the insurer.
(4) The power under subsection (2)(c) or (3) is not exercisable in relation to a person specified in subsection (5) unless the inspector has reasonable cause to believe that the information or record being sought cannot be obtained by exercising the power in relation to the authorized insurer.
(5) The person specified for subsections (2)(c) and (3) is a person whom the inspector has reasonable cause to believe has information relating to, or is in possession of, a business record of the authorized insurer.
(6) The Authority may in writing appoint a person, or a person belonging to a class of persons, as an inspector for the purposes of this section.
(7) The Authority must provide an inspector with a copy of its appointment.
(8) When imposing a requirement on a person under subsection (3), an inspector must, if so requested, produce a copy of the appointment to that person for inspection as soon as practicable.

### Insurance Ordinance 《保險業條例》

41C. Inspector may require answer, etc. to be verified by statutory declaration
(1) If a person gives an answer in compliance with a requirement imposed under section 41B(2)(c) or (3), the inspector may, in writing, require the person to verify, within the time specified in the requirement, the answer by a statutory declaration.
(2) If a person does not give an answer in compliance with a requirement imposed under section 41B(2)(c) or (3) for the reason that the information concerned was not within the person’s knowledge or possession, the inspector 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 inspector and, for that purpose, the inspector is to have full power to administer the statutory declaration.

### Insurance Ordinance 《保險業條例》

41D. Power to conduct investigation
(1) If—
(a) the Authority has reasonable cause to believe that a provision of this Ordinance may have been contravened;
(b) the Authority has reasonable cause to believe that a person may have been involved in defalcation, fraud, misfeasance or other misconduct in relation to the carrying on of insurance business;
(c) the Authority has reasonable cause to believe that a person has carried on, or is carrying on, insurance business in a manner that is not in the interests of policy holders or potential policy holders or the public interest; or
(d) the Authority, for considering whether to exercise any power under section 41P, has reason to enquire if—
(i) a person is, or was, guilty of misconduct as defined by section 41P; or
(ii) a person is, or was, not a fit and proper person as described in section 41P(1)(c),
the Authority may in writing direct one or more of its employees, or, with the consent of the Financial Secretary, appoint one or more other persons, to investigate the matter.
(2) The costs and expenses incurred by an investigator, other than an employee of the Authority, may be paid out of moneys provided by the Legislative Council.
(3) The Authority must provide an investigator with a copy of its direction or appointment.
(4) Before first imposing a requirement on a person under subsection (5), an investigator must produce a copy of the direction or appointment to that person for inspection.
(5) An investigator may require a person specified in subsection (6)—
(a) to produce, within the time and at the place the investigator requires in writing, a record or document specified by the investigator that—
(i) is or may be relevant to the investigation; and
(ii) is in the person’s possession;
(b) to give an explanation or further particulars in respect of a record or document produced;
(c) to attend before the investigator at the time and place the investigator requires in writing, and answer a question relating to any matter under investigation that may be raised by the investigator;
(d) to answer in writing, within the time the investigator requires in writing, a written question relating to any matter under investigation that may be raised by the investigator; and
(e) to give the investigator all other assistance in connection with the investigation that the person is able to give.
(6) The person specified for subsection (5) is—
(a) a person who is relevant to the matter that an investigator is directed or appointed to investigate; or
(b) a person whom an investigator has reasonable cause to believe—
(i) to be in possession of a record or document that contains, or is likely to contain, information relevant to the investigation; or
(ii) to be otherwise in possession of such information.