?

MISS TAM:

sir,

reached

Draft speech by Ben Maria TAM Legislative Council 8 June 1988–

Insurance Companies (Amendment) Bill 1988

-Committee Stage

Lipsiative Council

The

ne begco Ad hoc group has discussed clause 6 and

agreement with the Administration on the following

amendments :+

section

New $53A(2) (d)

le

Le

l

(I)

This

section

specifies that

in general civil proceedings, it is for the Insurance Authority, not the court, to decide whether information in his possession should be disclosed. In the group's view, it is for legislative provisions to

generally undesirable

empower the executive to decide what evidence should be

withheld from the court.

The Administration has accepted the group's view and

agreed to have the section amended in line with the provisions of the Banking Ordinance.

duction

New $53A(3) (b)

This provides

provides that the secrecy provisions shall not apply to the disclosure of information with a view to the institution of, or otherwise for the purposes of,

any criminal proceedings or investigation whether in outside Hong Kong

However, this extension to

criminal investigations and proceedings outside Hong

Kong does not appear either in the Banking Ordinance or

the Securities (Amendment) Bill 1988.

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