香港法例/HK1009 汽車保險(第三者風險)規例

" (2) The Authority may grant exemption from the obligation to make a deposit under subsection (1)(a), either in relation to any specific body of persons or in relation to any class of body of persons:"

" Provided that the Authority shall not grant exemption as aforesaid unless the Authority is satisfied as to the financial stability of the body of persons, or the body of persons of the class in question, as the case may be."

" (3) The provisions of section 5 shall apply mutatis mutandis in relation to any deposit made under subsection (1)(a) of this section, subject to the modification that for paragraph (d) of the said section 5 there shall be substituted the following paragraph-"

" ""(d) subject to the provisions of paragraph (f) of this section, the deposit shall be retained by the Director of Accounting Services so long as the depositor carries on in Hong Kong the business in respect of which the deposit is made;"". (Amended 46 of 1985 s. 4)"

(4) A security shall be of no effect for the purposes of this Ordinance unless and until there is issued by the person giving the security in favour of the person to whom it is given a certificate (in this Ordinance referred to as a certificate of security) in the prescribed form and containing such particulars of any condition subject to which the security is issued and of any other matters as may be prescribed in relation to different cases or circumstances.

" Any condition in a policy or security issued or given for the purposes of this Ordinance, providing that no liability shall arise under the policy or security, or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security, shall be of no effect in connection with such claims as are mentioned in section 6(1)(b):"

Provided that nothing in this section shall be taken to render void any provisions in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the latter may have become liable to pay under the policy or security and which have been applied to the satisfaction of the claims of third parties.

" Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in section 2(1) or (2) of the Third Parties (Rights against Insurers) Ordinance (Cap 273) shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 6(1)(b), but nothing in this section shall affect any rights against the insurer conferred by that Ordinance on the person to whom the liability was incurred."

" (1) Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters-"

(a) the age or physical or mental condition of persons driving the vehicle; or

(b) the condition of the vehicle; or

(c) the number of persons that the vehicle carries; or

(d) the weight or physical characteristics of the goods that the vehicle carries; or

(e) the times at which or the areas within which the vehicle is used; or

(f) the horsepower or value of the vehicle; or

(g) the carrying on the vehicle of any particular apparatus; or

" (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under this Ordinance or by or under the Road Traffic Ordinance (Cap 374),"

" Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person."

" (2) Where a person uses, or causes or permits any person to use, a motor vehicle on a road in such circumstances that under section 4(1) there is required to be in force in relation to his use of it such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Ordinance, then, if any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held-"

(a) to negative or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by section 6(1) to be covered by a policy of insurance; or

" (b) to impose any conditions with respect to the enforcement of any such liability of the user,"

and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user. (Added 22 of 1976 s. 4)

(3) For the purposes of subsection (2)-

" (a) references to a person being carried in or upon a vehicle include references to a person entering or getting on to, or alighting from, the vehicle; and"