Hong Kong Regulations

BUILDING MANAGEMENT (THIRD PARTY RISKS INSURANCE) REGULATION - SECT 5

Issue of policy and notice of insurance

not yet in operation

(1) If a corporation has procured a policy with an insurance company, the
insurance company shall, at the same time as it issues the policy to the
corporation, issue to the corporation in respect of the policy a notice of
insurance, in the Form in the Schedule, duly completed by the insurance
company.

(2) An insurance company shall not issue a notice of insurance which is to its
knowledge false in any material particular.

(3) A corporation shall—

   (a)  as soon as practicable after being issued a notice of insurance in
        respect of a policy, display the notice in a prominent place in the
        building to which the policy relates; and

   (b)  so display the notice as long as the policy is in effect.

(4) A corporation shall not display a notice of insurance in respect of a
policy that is no longer in effect. (L.N. 210 of 2007)

(5) If a notice of insurance has been lost or destroyed, the corporation to
which the notice is issued shall cause a statutory declaration to be made by
the chairman, vice-chairman (if any) or secretary of the management committee
to that effect.

(6) An insurance company that contravenes subsection (1) or (2) commits an
offence and is liable on conviction to a fine at level 2.

(7) If a corporation contravenes subsection (3), (4) or (5), every member of
the management committee is guilty of an offence and is liable on conviction
to a fine at level 1. (L.N. 210 of 2007)

(8) In any proceedings for an offence under subsection (7), 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.