Hong Kong Regulations

BUILDING MANAGEMENT (THIRD PARTY RISKS INSURANCE) REGULATION - SECT 11

Duty of corporation to give information as to insurance

not yet in operation

(1) If a person makes a claim against a corporation in respect of any
prescribed liability, the corporation shall, within 10 days after receiving
the person's written request—

   (a)  state—

        (i)    whether the corporation is insured in respect of that liability
               under a policy that is in effect; or

        (ii)   whether the corporation would have been so insured if the
               insurance company had not avoided or cancelled the policy; and

   (b)  where the corporation is or would have been so insured, give such
        particulars of that policy as were specified in the notice of
        insurance issued in respect of the policy.

(2) A corporation shall not wilfully make any false statement in reply to any
request under subsection (1).

(3) If a corporation contravenes subsection (1) or (2), every member of the
management committee is guilty of an offence and is liable on conviction to a
fine at level 2.

(4) In any proceedings for an offence under subsection (3), it is a defence
for the person charged to prove—

   (a)  that the contravention was committed without his consent or
        connivance; and

   (b)  that he exercised all such due diligence to prevent the contravention
        as he ought to have exercised in the circumstances.