Hong Kong Regulations

BUILDING MANAGEMENT (THIRD PARTY RISKS INSURANCE) REGULATION - SECT 3

Requirements in respect of policies: liabilities to be covered

not yet in operation

(1) Subject to subsection (2), a policy is required to insure the assured
corporation in respect of any liability that may be incurred by the assured
corporation in respect of the death of, or the bodily injury to, any person.

(2) A policy is not required to cover—

   (a)  any liability required to be covered by a policy of insurance under
        section 6(1)(b) of the Motor Vehicles Insurance (Third Party Risks) 
        Ordinance ( Cap 272);

   (b)  any liability in respect of the death of, or the bodily injury to, any
        person employed by the assured corporation arising out of and in the
        course of the employment;

   (c)  any liability arising out of a breach of any duty imposed by law in
        relation to—

        (i)    any building within the meaning of the Buildings Ordinance (
               Cap  123) erected in contravention of that Ordinance; or

        (ii)   any building works, or street works, carried out in
               contravention of the Buildings Ordinance ( Cap 123);

   (d)  any liability in respect of the death, or the bodily injury, caused by
        or arising from—

        (i)    ionising radiations, or contamination by radioactivity, from—
               (A) any nuclear fuel; (B) any nuclear waste; or (C) the
               combustion of nuclear fuel;

        (ii)   the radioactive, toxic, explosive or other hazardous or
               contaminating properties of— (A) any nuclear installation,
               reactor or other nuclear assembly; or (B) any nuclear component
               of such installation, reactor or assembly;

        (iii)  any weapon or device employing— (A) atomic fission; (B)
               nuclear fission; (C) nuclear fusion; (D) nuclear fission and
               fusion; or (E) other like reaction or radioactive force or
               matter;

        (iv)   any chemical, biological, bio-chemical or electromagnetic
               weapon;

        (v)    any war, invasion, act of foreign enemy, hostilities (whether
               war be declared or not), civil war, rebellion, revolution,
               insurrection, military or usurped power;

        (vi)   any terrorist act within the meaning of section 2(1) of the
               United Nations (Anti-Terrorism Measures) Ordinance ( Cap 575);
               or

        (vii)  the use, detection, removal, or elimination of, or exposure to,
               asbestos; or

   (e)  any contractual liability.

(3) For the avoidance of doubt, the liability required to be covered by a
policy may include the liability for—

   (a)  interest, costs and expenses indemnified under the policy; and

   (b)  other costs and expenses incurred by the assured corporation and
        recoverable from the insurance company under the policy.