(Cap 272 section 20) [9 November 1951] (39 of 1951 Schedule) Cap 272A reg 1 Citation PART I These regulations may be cited as the Motor Vehicles Insurance (Third Party Risks) Regulations. Cap 272A reg 2 Interpretation In these regulations, unless the context otherwise requires- "company" (公司) means an insurer as defined in section 2 of the Ordinance, or a body of persons by whom a security may be given in pursuance of the Ordinance; "policy" (保险单) means such policy of insurance in respect of third party risks arising out of the use of motor vehicles as complies with the requirements of the Ordinance and includes a covering note; "security" (保证单) means such security in respect of third party risks arising out of the use of motor vehicles as complies with the requirements of the Ordinance. Cap 272A reg 3 Issue of certificates of insurance and security PART II (1) A company shall issue to every holder of a security or of a policy other than a covering note issued by the company- (a) in the case of a policy or security relating to a specified vehicle or to specified vehicles, or to such vehicle or vehicles and also to an unspecified vehicle or unspecified vehicles, a certificate of insurance in Form 1, or a certificate of security in Form 4, set out in the Schedule in respect of each specified vehicle; (G.N.A. 78 of 1952) (b) in the case of a policy or security not relating to any specified vehicle or vehicles, such number of certificates in Form 2 or 4, set out in the Schedule as may be necessary to enable the requirements of section 16(1) of the Ordinance and of these regulations as to the production of evidence that a motor vehicle is not being driven in contravention of section 4 of the Ordinance to be complied with:Provided that where a security is intended to cover the use of more than 10 motor vehicles at any one time, the company by whom it was issued may, with the consent of the Governor, issue one certificate only, and, where such consent has been given, the holder of the security may issue duplicate copies of such certificate, duly authenticated by him, up to such number and subject to such conditions as the Governor may determine. (2) Every policy in the form of a covering note issued by a company shall have printed thereon, or on the back thereof, a certificate of insurance in Form 3 set out in the Schedule. Cap 272A reg 4 Authentication and time of issue of certificates (1) Every certificate of insurance or certificate of security shall be duly authenticated by or on behalf of the company by whom it is issued. (2) The certificate aforesaid shall be issued not later than 4 days after the date on which the policy or security is issued or renewed. Cap 272A reg 5 Issue of further certificates of insurance and security Where under the terms of a policy or security relating to a specified motor vehicle the holder is entitled to drive any motor vehicle other than that specified without contravention of section 4 of the Ordinance, the company by whom the policy or security was issued may and shall on demand being made to them by the holder issue to him a further certificate of insurance in Form 1 or 2, set out in the Schedule, or a further certificate of security, as the case may be. Cap 272A reg 6 Production of documents alternative to certificates The following evidence that a motor vehicle is not being driven in contravention of section 4 of the Ordinance may be produced by the driver of such motor vehicle on the request of a police officer in pursuance of section 16 of the Ordinance as an alternative to the production of a certificate of insurance or a certificate of security- (a) a duplicate copy of a certificate of security issued in accordance with regulation 3(1)(b); (b) in the case of a motor vehicle of which the owner has made a deposit with the Director of Accounting Services to the value of $2000000 in accordance with the provisions of section 4(4)(c) of the Ordinance and has not required such deposit to be returned to him, a certificate in Form 5 set out in the Schedule, signed by the owner of the motor vehicle or by some person authorized by him in that behalf. (L.N. 54 of 1968; L.N. 16 of 1977; L.N. 216 of 1985) Cap 272A reg 7 Destruction of certificate Any certificate issued in accordance with regulation 6(b) shall be destroyed by the person by whom it was issued before the motor vehicle to which it relates is sold or otherwise disposed of or, where the deposit is returned by the Director of Accounting Services under section 5(d) of the Ordinance, immediately thereafter. (L.N. 216 of 1985) Cap 272A reg 8 Form of certificates (1) Every certificate issued in pursuance of the Ordinance and of these regulations shall be printed and completed in black on white paper or similar material. (2) No certificate so issued shall contain any advertising matter either on the face or on the back thereof: Provided that the name and address of a company and its principal representative in Hong Kong by whom a certificate is issued, or a reproduction of the seal or any monogram or similar device of the company, and its principal representative in Hong Kong shall not be deemed to be advertising matter for the purposes of this paragraph if it is printed or stamped at the foot or on the back of such certificate. (L.N. 216 of 1985) Cap 272A reg 9 Record of insurance and security (1) Every company by whom a policy or a security is issued shall keep a record of the following particulars relative thereto and of any certificates issued in connection therewith- (a) full name and address of the person to whom the policy, security or certificate is issued; (b) in the case of a policy relating to a specified motor vehicle or to specified motor vehicles, the index mark and registration number of each such motor vehicle; (c) the date on which the policy or security comes into force and the date on which it expires; (d) in the case of a policy, the conditions subject to which the persons or classes of persons specified in the policy will be indemnified; (e) in the case of a security, the conditions subject to which the undertaking given by the company under the security will be implemented,and every such record shall be preserved for one year from the date of expiry of the policy or security. (2) Any person who has made a deposit with the Director of Accounting Services to the value of $2000000 in pursuance of section 4(4)(c) of the Ordinance and has not required such deposit to be returned to him shall keep a record of the motor vehicles owned by him and of any certificates issued by him under these regulations in respect of such motor vehicles and of the withdrawal or destruction of any such certificates. (L.N. 54 of 1968; L.N. 16 of 1977; L.N. 216 of 1985) (3) Any person, authority, or company by whom records of documents are required to be kept by these regulations shall, without charge, furnish to the Commissioner of Police and the Commissioner for Transport on request any particulars thereon. (L.N. 88 of 1967) Cap 272A reg 10 Termination of policy or security Where to the knowledge of a company a policy or security issued by them ceases to be effective without the consent of the person to whom it was issued otherwise than by effluxion of time or by reason of his death, the company shall forthwith notify the Commissioner of Police and the Commissioner for Transport of the date on which the policy or security ceased to be effective. (L.N. 88 of 1967) Cap 272A reg 11 Return of certificate on expiry of policy or security Where with the consent of the person to whom it was issued a policy or security is transferred or suspended or ceases to be effective otherwise than by effluxion of time, such person shall forthwith return any relative certificates to the company by whom they were issued, and a new policy or security shall not be issued to that person, nor shall the said policy or security be transferred to any other person, unless and until the certificates have been returned to the company or the company is satisfied that they have been lost or destroyed. Cap 272A reg 12 Loss or destruction of certificates Where any company by whom a certificate of insurance or a certificate of security has been issued is satisfied that the certificate has become defaced or has been lost or destroyed, they shall, if requested so to do by the person to whom the certificate was issued, issue to him a fresh certificate. Cap 272A reg 13 Statutory declaration Every statutory declaration made for the purposes of section 10(2)(c), or of section 14, of the Ordinance shall be delivered forthwith to the insurer by the person making such declaration. Cap 272A reg 14 Interpretation PART III In this Part- "Issuing Authority" (证书签发当局) means the Hong Kong Automobile Association; "motor vehicle" (汽车) means a motor vehicle brought into Hong Kong by a visitor; (L.N. 216 of 1985) "visitor" (到港人士) means a person bringing a motor vehicle into Hong Kong and making only a temporary stay therein not exceeding 3 months. (L.N. 216 of 1985) Cap 272A reg 15 Application for certificate of foreign insurance A visitor who is a holder of a policy of insurance issued outside Hong Kong in respect of third party risks arising out of the driving by him of a motor vehicle in Hong Kong may make application to the Issuing Authority for a certificate (hereinafter called a certificate of foreign insurance) in Form 6 set out in the Schedule. (L.N. 216 of 1985) Cap 272A reg 16 Issue of certificate of foreign insurance The Issuing Authority may issue a certificate of foreign insurance to any visitor who makes application therefor in the manner prescribed by these regulations. Cap 272A reg 17 Particulars necessary on application for certificate of foreign insurance Every such application as aforesaid shall be signed by the person by whom it is made and shall specify the number of the policy in respect of third party risks held by him, the name and address of the company by which it was issued, the date on which the policy commences and the date on which it expires, and shall also contain a declaration by the applicant that the provisions of the policy with respect to third party risks are effective in relation to the driving of the motor vehicle in Hong Kong by him or by some other person or persons or classes of persons specified in the declaration. (L.N. 216 of 1985) Cap 272A reg 18 Signature Every certificate of foreign insurance shall be signed by some person duly authorized in that behalf by the Issuing Authority. Cap 272A reg 19 Period of validity The period of validity of a certificate of foreign insurance shall not exceed the unexpired period covered by the policy to which it relates. Cap 272A reg 20 Effect of certificate of foreign insurance For the purposes of the Ordinance and of regulation 6 of these regulations, a certificate of foreign insurance shall have effect as if it were a certificate of insurance issued by an insurer and the policy of insurance to which it relates shall be deemed to comply with the requirements of the Ordinance. Cap 272A reg 21 Application of provisions of Ordinance The provisions of section 9 of the Ordinance shall not apply in relation to any policy of insurance in respect of which a certificate of foreign insurance has been issued. Cap 272A reg 22 Disposition of vehicles A certificate of foreign insurance shall be forthwith returned by the visitor to the Issuing Authority if the motor vehicle to which it relates is sold or otherwise disposed of or if by reason of his obtaining a new policy or otherwise a new certificate of foreign insurance is issued to him during his stay in Hong Kong, and if the certificate is not so returned it shall be surrendered to the Issuing Authority by or on behalf of the visitor when the motor vehicle is taken out of Hong Kong. (L.N. 216 of 1985) Cap 272A reg 23 Records of Issuing Authority The Issuing Authority shall keep a record of the following particulars relative to any certificates of foreign insurance issued by it- (a) the full name and address of the person to whom the certificate is issued and particulars of the persons or classes of persons authorized to drive the motor vehicle; (b) the date on which the policy of insurance to which the certificate relates commences and the date on which it expires; (c) the date of return of the certificate to the Issuing Authority,and the Issuing Authority shall without charge furnish to the Commissioner of Police and the Commissioner for Transport on request any particulars thereof. (L.N. 88 of 1967) Cap 272A reg 24 Production of proof of insurance on application for a vehicle licence or on notice of transfer of ownership of a vehicle PART IV (1) Any person- (a) applying for a motor vehicle licence under regulation 21(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); or (b) delivering to the Commissioner notice of transfer of ownership of a motor vehicle under regulation 17(2)(b) of the aforesaid regulations,shall upon such application or delivery of notification produce to the Commissioner for Transport any necessary certificate of insurance or certificate of security, or such other documentary proof as shall be sufficient to indicate that- (i) on the date when such vehicle licence comes into operation there will be in operation; or (ii) in the case of a transfer of ownership there is in operation,such policy of insurance or such security in respect of third party risks as is required by the Ordinance in relation to the user of the motor vehicle. (L.N. 1 of 1977; L.N. 169 of 1989) (2) Subregulation (1) does not apply in the case of the delivery of notice of transfer of ownership of a motor vehicle which is not licensed under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.). (L.N. 169 of 1989) Cap 272A reg 25 Condition for issue of licence The Commissioner for Transport shall not issue a motor vehicle licence to any applicant who fails to comply with regulation 24. (G.N.A. 168 of 1952; L.N. 88 of 1967) Cap 272A reg 26 Penalties Any person who contravenes the provisions of regulation 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 17 or 22 shall be guilty of an offence and shall be liable to a fine of $100 and to imprisonment for 7 days. Cap 272A reg 27 Liability to be covered For the purpose of section 6(1)(b) of the Ordinance, the amount of $100 million is prescribed. (L.N. 329 of 1995) Cap 272A SCHEDULE [regulations 3, 5, 6 & 15] FORM 1 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE (Chapter 272) Certificate of Insurance Certificate No. ........................................... Policy No. ..................................................... 1. Registration mark assigned to the vehicle under regulation 6, 9(1), 13 or 14 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.) or if no registration mark yet assigned, make and chassis number. 2. Name of policy holder. 3. Effective date of the commencement of Insurance for the purposes of the above Ordinance. 4. Date of expiry of Insurance. 5. Persons or classes of persons entitled to drive.* 6. Limitations as to use.* (I)/(We) hereby certify that the policy to which this certificate relates is issued in accordance with the provisions of the abovementioned Ordinance. Date of issue ............................................. ........................................................... Authorized Insurer. * Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading. (G.N.A. 8 of 1957; L.N. 169 of 1989) _________ FORM 2 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE (Chapter 272) Certificate of Insurance Certificate No. ............................................. Policy No. ..................................................... 1. Description of vehicles. 2. Name of policy holder. 3. Effective date of the commencement of Insurance for the purposes of the above Ordinance. 4. Date of expiry of Insurance. 5. Persons or classes of persons entitled to drive.* 6. Limitations as to use.* (I)/(We) hereby certify that the policy to which this certificate relates is issued in accordance with the provisions of the abovementioned Ordinance. Date of issue ............................................. .........................................................Authorized Insurer. * Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading. (G.N.A. 8 of 1957) _________ FORM 3 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE (Chapter 272) Certificate of Insurance (I)/(We) hereby certify that this covering note is issued in accordance with the provisions of the abovementioned Ordinance. ......................................................... Authorized Insurer. (G.N.A. 78 of 1952) _________ FORM 4 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE (Chapter 272) Certificate of Security Certificate No. ........................................... Security No. ................................................... (Optional) 1. Name of holder of security. 2. Date of the commencement of security. 3. Date of expiry of security. 4. Conditions to which security is subject.* (I)/(We) hereby certify that the security to which this certificate relates is issued in accordance with the provisions of the abovementioned Ordinance. ..........................................................(authorized under the said Ordinance to issue securities.) * Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading. _________ FORM 5 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE (Chapter 272) Certificate of Deposit (I)/(We) hereby certify that (I am)/(we are) the (owner)/(owners) of the vehicle of which the registration mark and number are ...................................................................................... .................................................................................... and that in pursuance of the provisions of section 4(4)(c) of the abovementioned Ordinance (I)/(we) have made a deposit with the Director of Accounting Services to the value of $2000000 and have not required such deposit to be returned to (me)/(us). Signed ...................................................... on behalf of ..................................... (L.N. 54 of 1968; L.N. 16 of 1977; L.N. 216 of 1985) _________ FORM 6 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE (Chapter 272) Certificate of Foreign Insurance Certificate No. ............................................. Policy No. ..................................................... 1. Date to which certificate is valid. 2. Identification mark and number or numbers and make of vehicle. 3. Persons or classes of persons authorized to drive the vehicle. 4. Date of commencement of policy. 5. Date of expiry of policy. I hereby certify that this certificate is issued in accordance with the regulations made under the Motor Vehicles Insurance (Third Party Risks) Ordinance. Signed ....................................................... on behalf of ..................................... (Issuing Authority)
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