MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

MOTOR VEHICLES INSURANCE (THIRD PARTY
RISKS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART I

1. Citation............. .......................A2
2. Interpretation....................................A2

PART II

3. Issue of certificates of insurance and security A 2
4. Authentication and time of issue of certificates A 3
5. Issue of further certificates of insurance and security A 3
6. Production of documents alternative to certificates A 3
7. Destruction of certificate ...........A 4

8. Form of certificates .............................................................................................. A 4

9. Record of insurance and security ................................................................ A 4
10. Termination of policy or security ... A 5

11. Return of certificate on expiry of policy or security A 5
12. Loss or destruction of certificates .A 5
13. Statutory declaration ...............A 6

PART III

14. Interpretation ......................A6
15. Application for certificate of foreign insurance A 6
16. Issue of certificate of foreign insurance A 6
17. Particulars necessary on application for certificate of foreign insurance A 6
is. Signature ...........................A 7
19. Period of validity ..................A 7
20. Effect of certificate of foreign insurance A 7
21. Application of provisions of Ordinance A 7
22. Disposition of vehicles .............A 7
23. Records of Issuing Authority ........A 7

PART IV

24. Production of proof of insurance on application for a vehicle licence or on

notice of transfer of ownership of a vehicle ..................... A 8
25. Condition for issue of licence ....... A 8
26. Penalties ............................A 8
Schedule. Forms ................................................. A9





MOTOR VEHICLES INSURANCE (THIRD PARTY
RISKS) REGULATIONS

(Cap. 272 section 20)

[9 November 1951]

39 of 1951, Schedule G.N.A. 78 of 1952, G.N.A. 168 of 1952, G.N.A. 8 of 1957, L.N. 88 of 1967,
L.Y 54 of 1968, L.N. 1 of 1977, L.N. 16 of 1977, R. Ed. 1983, L.N. 216 of 1985, L.N. 169 of
1985

PART I

1. Citation

These regulations may be cited as the Motor Vehicles Insurance (Third

Party Risks) Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires-

'company' means an insurer as defined in section 2 of the Ordinance, or a body of
persons by whom a security may be given in pursuance of the Ordinance;
policy' means such policy of insurance in respect of third party risks arising
out of the use of motor vehicles as complies with the requirements of the
Ordinance and includes a covering note;

'security' means such security in respect of third party risks arising out of the use
of motor vehicles as complies with the requirements of the Ordinance.

PART II

3. Issue of certificates of insurance and security

(1) A company shall issue to every holder of a security or of a policy other than
a covering note issued by the company

(a)in the case of a policy or security relating to a specified vehicle or to
specified vehicles, or to such vehicle or vehicles and also to an
unspecified vehicle or unspecified vehicles, a certificate of insurance
in Form 1, or a certificate of security in Form 4, set out in the Schedule
in respect of each specified vehicle; (G.N.A. 78 of 1952)





(b)in the case of a policy or security not relating to any specified
vehicle or vehicles, such number of certificates in Form 2 or 4,
set out in the Schedule as may be necessary to enable the
requirements of section 16(1) of the Ordinance and of these
regulations as to the production of evidence that a motor vehicle
is not being driven in contravention of section 4 of the Ordinance
to be complied with:
Provided that where a security is intended to cover the use of more than 10
motor vehicles at any one time, the company by whom it was issued may, with
the consent of the Governor, issue one certificate only, and, where such consent
has been given, the holder of the security may issue duplicate copies of such
certificate, duly authenticated by him, up to such number and subject to such
conditions as the Governor may determine.
(2) Every policy in the form of a covering note issued by a company shall
have printed thereon, or on the back thereof, a certificate of insurance in Form
3 set out in the Schedule.

4. Authentication and time of issue of certificates

(1) Every certificate of insurance or certificate of security shall be duly
authenticated by or on behalf of the company by whom it is issued.
(2) The certificate aforesaid shall be issued not later than 4 days after the
date on which the policy or security is issued or renewed.

5. Issue of further certificates of insurance and security

Where under the terms of a policy or security relating to a specified motor
vehicle the holder is entitled to drive any motor vehicle other than that specified
without contravention of section 4 of the Ordinance, the company by whom the
policy or security was issued may and shall on demand being made to them by
the holder issue to him a further certificate of insurance in Form 1 or 2, set out
in the Schedule, or a further certificate of security, as the case may be.

6. Production of documents alternative to certificates

The following evidence that a motor vehicle is not being driven in
contravention of section 4 of the Ordinance may be produced by the driver of
such motor vehicle on the request of a police officer in pursuance of section 16
of the Ordinance as an alternative to the production of a certificate of insurance
or a certificate of security-
(a)a duplicate copy of a certificate of security issued in accordance
with regulation 3(1)(b);





(b)in the case of a motor vehicle of which the owner has made a deposit
with the Director of Accounting Services to the value of $2,000.000 in
accordance with the provisions of section 4(4)(c) of the Ordinance
and has not required such deposit to be returned to him, a certificate
in Form 5 set out in the Schedule, signed by the owner of the motor
vehicle or by some person authorized by him in that behalf. (L.N. 54 of
1968; L.N. 16 of 1977; L.N. 216 of 1985)

7. Destruction of certificate

Any certificate issued in accordance with regulation 6(b) shall be destroyed by
the person by whom it was issued before the motor vehicle to which it relates is sold
or otherwise disposed of or, where the deposit is returned by the Director of
Accounting Services under section 5(d) of the Ordinance, immediately thereafter.
(L.N. 216 of 1985)

8. Form of certificates

(1) Every certificate issued in pursuance of the Ordinance and of these
regulations shall be printed and completed in black on white paper or similar material.

(2) No certificate so issued shall contain any advertising matter either on the
face or on the back thereof..

Provided that the name and address of a company and its principal
representative in Hong Kong by whom a certificate is issued, or a reproduction of
the seal or any monogram or similar device of the company, and its principal
representative in Hong Kong shall not be deemed to be advertising matter for the
purposes of this paragraph if it is printed or stamped at the foot or on the back of
such certificate. (L.N. 216 of 1985)

9. Record of insurance and security

(1) Every company by whom a policy or a security is issued shall keep a record
of the following particulars relative thereto and of any certificates issued in
connection therewith

(a)full name and address of the person to whom the policy, security or
certificate is issued;

(b)in the case of a policy relating to a specified motor vehicle or to
specified motor vehicles, the index mark and registration number of
each such motor vehicle;

(c)the date on which the policy or security comes into force and the
date on which it expires;





(d)in the case of a policy, the conditions subject to which the persons or
classes of persons specified in the policy will be indemnified;

(e)in the case of a security, the conditions subject to which the
undertaking given by the company under the security will be
implemented,

and every such record shall be preserved for one year from the date of expiry of the
policy or security.

(2) Any person who has made a deposit with the Director of Accounting
Services to the value of $2,000,000 in pursuance of section 4(4)(c) of the Ordinance
and has not required such deposit to be returned to him shall keep a record of the
motor vehicles owned by him and of any certificates issued by him under these
regulations in respect of such motor vehicles and of the withdrawal or destruction of
any such certificates. (L.N. 54 of 1968: L.N. 16 of 1977; L.N. 216 qf 1985)

(3) Any person, authority, or company by whom records of documents are
required to be kept by these regulations shall, without charge, furnish to the
Commissioner of Police and the Commissioner for Transport on request any
particulars thereof. (L.N. 88 of 1967)

10. Termination of policy or security

Where to the knowledge of a company a policy or security issued by them
ceases to be effective without the consent of the person to whom it was issued
otherwise than by effluxion of time or by reason of his death, the company shall
forthwith notify the Commissioner of Police and the Commissioner for Transport of
the date on which the policy or security ceased to be effective.

(L.N. 88 of 1967)

11. Return of certificate on expiry of policy or security

Where with the consent of the person to whom it was issued a policy or
security is transferred or suspended or ceases to be effective otherwise than by
effluxion of time, such person shall forthwith return any relative certificates to the
company by whom they were issued, and a new policy or security shall not be
issued to that person, nor shall the said policy or security be transferred to any other
person, unless and until the certificates have been returned to the company or the
company is satisfied that they have been lost or destroyed.

12. Loss or destruction of certificates

Where any company by whom a certificate of insurance or a certificate of
security has been issued is satisfied that the certificate has become defaced or has
been lost or destroyed, they shall, if requested so to do by the person to whom the
certificate was issued, issue to him a fresh certificate.





13. Statutory declaration

Every statutory declaration made for the purposes of section 10(2)(c), or of
section 14, of the Ordinance shall be delivered forthwith to the insurer by the
person making such declaration.

PART 111

14. Interpretation

In this Part-
'Issuing Authority' means the Hong Kong Automobile Association;
'motor vehicle' means a motor vehicle brought into Hong Kong by a visitor;
(L.N. 216 of 1985)
'visitor' means a person bringing a motor vehicle into Hong Kong and making
only a temporary stay therein not exceeding 3 months. (L.N. 216 of
1985)

15. Application for certificate of foreign insurance

A visitor who is a holder of a policy of insurance issued outside Hong
Kong in respect of third party risks arising out of the driving by him of a motor
vehicle in Hong Kong may make application to the Issuing Authority for a
certificate (hereinafter called a certificate of foreign insurance) in Form 6 set out
in the Schedule.
(L.N. 216 of 1985)

16. Issue of certificate of foreign insurance

The Issuing Authority may issue a certificate of foreign insurance to any
visitor who makes application therefor in the manner prescribed by these
regulations.

17. Particulars necessary on application
for certificate of foreign insurance

Every such application as aforesaid shall be signed by the person by whom
it is made and shall specify the number of the policy in respect of third party
risks held by him, the name and address of the company by which it was issued,
the date on which the policy commences and the date on which it expires, and
shall also contain a declaration by the applicant that the provisions of the
policy with respect to third party risks are effective in relation to the driving of
the motor vehicle in Hong Kong by him or by some other person or persons or
classes of persons specified in the declaration.
(L.N. 216 of 1985)





18. Signature

Every certificate of foreign insurance shall be signed by some person duly
authorized in that behalf by the Issuing Authority.

19. Period of validity

The period of validity of a certificate of foreign insurance shall not exceed the
unexpired period covered by the policy to which it relates.

20. Effect of certificate of foreign insurance

For the purposes of the Ordinance and of regulation 6 of these regulations, a
certificate of foreign insurance shall have effect as if it were a certificate of insurance
issued by an insurer and the policy of insurance to which it relates shall be deemed
to comply with the requirements of the Ordinance.

21. Application of provisions of Ordinance

The provisions of section 9 of the Ordinance shall not apply in relation to any
policy of insurance in respect of which a certificate of foreign insurance has been
issued.

22. Disposition of vehicles

A certificate of foreign insurance shall be forthwith returned by the visitor to
the Issuing Authority if the motor vehicle to which it relates is sold or otherwise
disposed of or if by reason of his obtaining a new policy or otherwise a new
certificate of foreign insurance is issued to him during his stay in Hong Kong, and if
the certificate is not so returned it shall be surrendered to the Issuing Authority by
or on behalf of the visitor when the motor vehicle is taken out of Hong Kong.

(L.N. 216 of 1985)

23. Records of Issuing Authority

The Issuing Authority shall keep a record of the following particulars relative
to any certificates of foreign insurance issued by it

(a)the full name and address of the person to whom the certificate is
issued and particulars of the persons or classes of persons
authorized to drive the motor vehicle;

(b)the date on which the policy of insurance to which the certificate
relates commences and the date on which it expires;





(e) the date of return of the certificate to the Issuing Authority, and the
Issuing Authority shall without charge furnish to the Commissioner of Police and
the Commissioner for Transport on request any particulars thereof. (L.N. 88 of 1967)

PART IV

24.Production of proof of insurance on application
for a vehicle licence or on notice of transfer of
ownership of a vehicle

(1) Any person

(a)applying for a motor vehicle licence under regulation 21(1) of the Road
Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374
sub. leg.); or

(b)delivering to the Commissioner notice of transfer of ownership
of a motor vehicle under regulation 17(2)(b) of the aforesaid
regulations,
shall upon such application or delivery of notification produce to the Com-
missioner for Transport any necessary certificate of insurance or certificate of
security, or such other documentary proof as shall be sufficient to indicate
that-

(i)on the date when such vehicle licence comes into operation there will
be in operation; or

(ii) in the case of a transfer of ownership there is in operation,
such policy of insurance or such security in respect of third party risks as is
required by the Ordinance in relation to the user of the motor vehicle. (L.N. 1
of 1977; L.N. 169 of 1989)
(2) Subregulation (1) does not apply in the case of the delivery of notice
of transfer of ownership of a motor vehicle which is not licensed under the
Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374
sub. leg.) (L.N. 169 of 1989)

25. Condition for issue of licence

The Commissioner for Transport shall not issue a motor vehicle licence to any
applicant who fails to comply with regulation 24.

(G.N.A. 168 of 1952; L.N. 88 of 1967)

26. Penalties

Any person who contravenes the provisions of regulation 3, 4, 5, 7, 8, 9, 10, 11,
12, 13, 17 or 22 shall be guilty of an offence and shall be liable to a fine of $100 and
to imprisonment for 7 days.





SCHEDULE [regs. 3, 5, 6 & 15]

FORM 1

MOTOR VEWCLES INSURANCE (TmIRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Insurance

Certificate No . ....... Policy No .

1.Registration mark assigned to the vehicle under regulation 6, 9(1), 13 or 14 of the Road Traffic

(Registration and Licensing of Vehicles) Regulations or if no registration mark yet assigned,

make and chassis number. (L.N.169 of 1989)
2. Name of policy holder.

3. Effective date of the commencement of Insurance for the purposes of the above
Ordinance.

4. Date of expiry of Insurance.

5. Persons or classes of persons entitled to drive.*

6. Limitations as to use.*

(I)/(We) hereby certify that the policy to which this certificate relates is issued in accordance

with the provisions of the abovementioned
Ordinance.

Date of issue ...........................................

.................................................
...................

Authorized Insurer.

Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading.

(G.N.A. 8 of 1957)

FORM 2

MOTOR VEHICLES INSURANCE (TniRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Insurance

Certificate No . .......Policy No . .................................

1. Description of vehicles.

2. Name of policy holder.

3. Effective date of the commencement of Insurance for the purposes of the above
Ordinance.

4. Date of expiry of Insurance.

5. Persons or classes of persons entitled to drive.*

6. Limitations as to use.*





(I)/(We) hereby certify that the policy to which this certificate relates is issued in
accordance with the provisions of the abovementioned Ordinance.

Date of issue .....

. .................

Authorized Insurer.

Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading.

(G.N.A. 8 of 1957)

FORM 3

MOTOR VEHICLES INSURANCE (THIRD, PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Insurance

(I)/(We) hereby certify that this covering note is issued in accordance with the provisions of
the abovementioned Ordinance.

...................... Authorized Insurer.

..........(G.N.A.
78 of 1952)

..........................FORM 4
..........................MOTOR VEHICLES INSURANCE (THIRD, PARTY RISKS) ORDINANCE
..........................(Chapter 272)
..........................Certificate of Security
Certificate No . .........Security No.
..........................(Optional)

1 Name of holder of security.

2. Date of the commencement of security.

3. Date of expiry of security.

4. Conditions to which security is Subject.*

(I)/(We) hereby certify that the security to which this certificate relates is issued in
accordance

with the provisions of the abovementioned
Ordinance.

................

(authorized under the said

Ordinance to issue securities.)

Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading.





FORM 5

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Deposit

(I)/(We) hereby certify that (I am) (we are) the (owner)/(owners) of the vehicle of which the

registration mark and number are
.....................................................................................................

....................... and that in pursuance of the provisions of

section 4(4)(c) of the abovementioned Ordinance (I)/(we) have made a deposit with the Director of Accounting
Services to the value of $2,000,000 and have not required such deposit to be returned to

(me)/(us). 54 of 1968; L.N. 16 of 1977; L.N. 216 of 1985)

Signed
...............................................
............. on behalf of
.............................................

FORM 6

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Foreign Insurance

Certificate No . ................... Policy No .

1. Date to which certificate is valid.

2. Identification mark and number or numbers and make of vehicle.

3. Persons or classes of persons authorized to drive the vehicle.

4. Date of commencement of policy.

5. Date of expiry of policy.

I hereby certify that this certificate is issued in accordance with the regulations made under the

Motor Vehicles Insurance (Third Party Risks) Ordinance.

Signed ..................
........................

on behalf of
............................................

(Issuing Authority)

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