### Insurance Ordinance 《保險業條例》

64F. Interpretation of Part X
In this Part—
agency agreement (代理協議) means an agreement entered into between an authorized insurer and a licensed insurance agency or licensed individual insurance agent under which the licensed insurance agency or licensed individual insurance agent is appointed to carry on regulated activities as an agent of the insurer;
business record (業務紀錄), in relation to a licensed insurance intermediary, means a record or document relating to a regulated activity carried on by the intermediary;
controller (控權人)—(a) in relation to a sole proprietorship—
(i) means an individual who ultimately owns or controls the carrying on of regulated activities by the sole proprietorship; or
(ii) if the sole proprietor is acting on behalf of another person, means the other person;
(b) in relation to a partnership, means an individual who—
(i) is entitled to or controls, directly or indirectly, not less than a 15% share of the capital or profits of the partnership;
(ii) is, directly or indirectly, entitled to exercise or control the exercise of not less than 15% of the voting rights in the partnership; or
(iii) exercises ultimate control over the management of the partnership; or
(c) in relation to a company, means a person who—
(i) owns or controls, directly or indirectly, including through a trust or bearer share holding, not less than 15% of the issued share capital of the company;
(ii) is, directly or indirectly, entitled to exercise or control the exercise of not less than 15% of the voting rights at general meetings of the company; or
(iii) exercises ultimate control over the management of the company;

inspector (查察員) means a person appointed as an inspector under section 64ZZF(6);
investigator (調查員) means a person directed or appointed by the Authority under section 64ZZH(1) to investigate any matter;
licence (牌照)—(a) in relation to a licensed insurance agency—means an insurance agency licence granted under section 64U or renewed under section 64ZV;
(b) in relation to a licensed individual insurance agent—means an individual insurance agent licence granted under section 64W or renewed under section 64ZV;
(c) in relation to a licensed technical representative (agent)—means a technical representative (agent) licence granted under section 64Y or renewed under section 64ZV;
(d) in relation to a licensed insurance broker company—means an insurance broker company licence granted under section 64ZA or renewed under section 64ZV; or
(e) in relation to a licensed technical representative (broker)—means a technical representative (broker) licence granted under section 64ZC or renewed under section 64ZV;

licensee (持牌人), in relation to a licence, means the holder of the licence.

### Insurance Ordinance 《保險業條例》

64H. Application of section 64G in relation to marketing insurance services outside Hong Kong
(1) If a person actively markets to the public, from a place outside Hong Kong, insurance services that the person provides, the person is to be regarded as holding out that the person is carrying on a regulated activity for the purposes of section 64G(2).
(2) Subsection (1) applies regardless of whether the insurance services are marketed by the person or someone on behalf of the person.
(3) In this section—
insurance services (保險服務) means services that would constitute a regulated activity if the services were provided in Hong Kong.

64I. Restrictions in relation to number of authorized insurers of each licensed insurance agency, etc.
(1) A person must not, at any time, be appointed as a licensed insurance agency or licensed individual insurance agent in carrying on a regulated activity for more than the maximum number of authorized insurers that are prescribed by rules made under section 129.
(2) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 6.
(3) If an authorized insurer knows that a person is appointed as a licensed insurance agency or licensed individual insurance agent in carrying on regulated activities for the prescribed maximum number or more of authorized insurers, that insurer must not appoint that person to carry on a regulated activity as an agent of the insurer.
(4) An authorized insurer which contravenes subsection (3) commits an offence and 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.

64J. Restrictions in relation to personnel of licensed insurance agencies
(1) This section applies to a person who is—
(a) a proprietor or a partner of a licensed insurance agency; or
(b) a director or an employee of a licensed insurance agency who manages or controls any matter relating to a regulated activity of the agency.
(2) The person must not also be—
(a) a proprietor or a partner of another licensed insurance agency;
(b) a licensed individual insurance agent;
(c) a licensed technical representative (agent) of another licensed insurance agency;
(d) a licensed technical representative (broker);
(e) a director or an employee of another licensed insurance agency who manages or controls any matter relating to a regulated activity of that other agency; or
(f) a director or an employee of a licensed insurance broker company who manages or controls any matter relating to a regulated activity of that company.
(3) A person who contravenes subsection (2) commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.

### Insurance Ordinance 《保險業條例》

64K. Restrictions in relation to personnel of licensed insurance broker companies
(1) This section applies to a person who—
(a) is a director or an employee of a licensed insurance broker company; and
(b) manages or controls any matter relating to a regulated activity of the company.
(2) The person must not also be—
(a) a proprietor or a partner of a licensed insurance agency;
(b) a licensed individual insurance agent;
(c) a licensed technical representative (agent); or
(d) a director or an employee of a licensed insurance agency who manages or controls any matter relating to a regulated activity of the agency.
(3) A person who contravenes subsection (2) commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.

64L. Restrictions in relation to licensed technical representatives (agent)
(1) A person who is a licensed technical representative (agent) of a licensed insurance agency must not also be a licensed technical representative (agent) of another licensed insurance agency.
(2) A person who is a licensed technical representative (agent) must not carry on regulated activities in a line of business unless the licensed insurance agency by which the person is appointed is also licensed to carry on regulated activities in that line of business.

64M. Restrictions in relation to licensed technical representatives (broker)
A person who is a licensed technical representative (broker) must not carry on regulated activities in a line of business unless the licensed insurance broker company by which the person is appointed is also licensed to carry on regulated activities in that line of business.