| (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) |
