Hong Kong Ordinances

REHABILITATION OF OFFENDERS ORDINANCE - SECT 4

Further exceptions

(Past version on 30/06/1997).

(1) Section 2(1) and (1A) shall not apply to- (Amended 10 of 1996 s. 5)

   (a)  proceedings in respect of a person's admission as, or disciplinary
        proceedings against a person practising as, a barrister, a solicitor
        or an accountant;

   (b)  disciplinary proceedings against a person holding a prescribed office;
        (Amended 10 of 1996 s. 5)

   (c)  proceedings relating to a person's suitability to be granted, or to
        continue to hold, any licence, permit or dispensation, or to be
        registered, or continue to be registered, under any law;

   (d)  proceedings relating to a person's suitability to be appointed to, or
        continue in, any prescribed office; and (Amended 10 of 1996 s. 5)

   (e)  proceedings under the Insurance Companies Ordinance ( Cap 41)-

        (i)    relating to a person's suitability to be authorized as an
               insurer; (Amended 10 of 1996 s. 5)

        (ii)   by the Insurance Authority in the exercise of the powers
               conferred on him by sections 27 to 35, 66, 67, 69, 70, 75 and
               76 of that Ordinance; (Amended 10 of 1996 s. 5)

        (iii)  relating to a person's suitability to become or continue to be
               a director or controllor of an authorized insurer; (Added 10 of
               1996 s. 5)

        (iv)   relating to a person's suitability to become or continue to be
               an insurance broker authorized by the Insurance Authority under
               section 69 of that Ordinance, or to be a member of a body of
               insurance brokers approved by the Insurance Authority under
               section 70 of that Ordinance; (Added 10 of 1996 s. 5)

        (v)    relating to the approval of a body of insurance brokers,
               including the assessment of whether the persons who manage or
               supervise the body of insurance brokers are fit and proper
               persons to do so, by the Insurance Authority under section 70
               of that Ordinance; or (Added 10 of 1996 s. 5)

        (vi)   relating to the appointment, registration and de-registration
               of an insurance agent for the purposes of Part X of that
               Ordinance; (Added 10 of 1996 s. 5)

   (ea) proceedings under the Mandatory Provident Fund Schemes  Ordinance (
        Cap 485)-

        (i)    relating to a person's suitability to become or continue to be
               an approved trustee or a controller of an approved trustee; or

        (ii)   relating to a person's suitability to become or continue to be
               a trustee or controller of a trustee of an occupational
               retirement scheme in respect of which the members or a class of
               members and their employer are exempted under section 5 of that
               Ordinance or the subject of an application referred to in
               subsection (2)(a) of that section; (Added 4 of 1998 s. 11)

   (f)  without prejudice to the generality of paragraph (c), proceedings
        under the Banking Ordinance ( Cap 155) relating to a person's
        suitability to become or continue to be a controller, director, chief
        executive or alternate chief executive of an authorized institution;
        and (Added 10 of 1996 s. 5)

   (g)  without prejudice to the generality of paragraph (c), proceedings
        under section 73 of the Banking Ordinance ( Cap 155) relating to the
        prohibition of certain persons from acting as the employees of
        authorized institutions except with the consent of the Monetary
        Authority. (Added 10 of 1996 s. 5)

(2) Section 2(1) and (1A) shall not apply to any question asked by or on
behalf of any person, in the course of the duties of his office or employment,
or any obligation to disclose information to that person in the course of
those duties, in order to assess the suitability of another person- (Amended
10 of 1996 s. 5)

   (a)  for admission as a barrister, solicitor or accountant; or

   (b)  for the grant of, or to continue to hold, any licence, permit or
        dispensation, or for registration, or to continue to be registered,
        under any law; or

   (c)  for appointment to any prescribed office; or (Amended 10 of 1996 s. 5)

   (d)  to be authorized as an insurer under the Insurance Companies 
        Ordinance ( Cap 41), or to be authorized insurance broker, or a person
        who manages or supervises an approved body of insurance brokers or an
        appointed insurance agent for the purposes of section 2(1) and Part X
        of
that Ordinance;  or   (Amended 10 of 1996 s. 5)


   (e)  to become or continue to be a controller, director, chief executive or
        alternate chief executive of an authorized institution under the
        Banking Ordinance ( Cap 155); or (Added 10 of 1996 s. 5)

   (f)  to act as the employees of authorized institutions as defined in the
        Banking Ordinance ( Cap 155); or (Added 10 of 1996 s. 5)

   (g)  to be appointed as a foster parent; or (Added 10 of 1996 s. 5)

   (h)  to become or continue to be a director or controller of an authorized
        insurer under the Insurance Companies Ordinance ( Cap 41). (Added 10
        of 1996 s. 5)

(3) Section 2(1) and (1A) shall not apply to any dismissal or exclusion of an
individual from practising as a barrister, solicitor or accountant or from any
prescribed office. (Replaced 10 of 1996 s. 5)

(4) Section 2(1B) shall not apply to any question asked by or on behalf of any
employer or any individual who intends to employ a vocational driver, or any
obligation to disclose information, regarding the suitability of another
person for employment or continued employment as a vocational driver, unless a
period of 3 years has elapsed from the date of payment or order to pay
(whichever is the earlier) which is referred to in section 2(1B). (Added 10 of
1996 s. 5)

(5) Section 2(1B) shall not apply to any dismissal or exclusion of an
individual from his employment as a vocational driver unless a period of 3
years has elapsed from the date of payment or order to pay (whichever is the
earlier) which is referred to in section 2(1B). (Added 10 of 1996 s. 5)

(6) Section 2(1B) shall not apply to any question asked by or on behalf of an
insurer for the purpose of assessing and pricing a risk in respect of vehicle
insurance, unless a period of 3 years has elapsed from the date of payment or
order to pay (whichever is the earlier) which is referred to in section 2(1B).
(Added 10 of 1996 s. 5)

(7) Section 2 shall not apply to any action taken for the purposes of
safeguarding the security of Hong Kong. (Added 10 of 1996 s. 5)

(8) For the purposes of subsection (1)(ea), "controller" (控權人), in
relation to an approved trustee of a mandatory provident fund scheme, or a
trustee of an occupational retirement scheme, that is a company, has the same
meaning as in section 2(1) of the Mandatory Provident Fund Schemes  Ordinance
( Cap 485). (Added 4 of 1998 s. 11) (Enacted 1986)

"controller" (控權人)