TNAG-0955-FCO40-1174-Legislation-for-traffic-on-roads-in-Hong-Kong-1980 — Page 201

G.S. 166

CONFIDENTIAL # #

ANNEX B TO XCC(80)51

For information

XCCI(79)2 Copy No.

of 40

NOTE FOR EXECUTIVE COUNCIL

MOTOR INSURERS' BUREAU

On 15th August 1978 after considering memorandum XCC(78)64, Honourable Members advised and the Acting Governor ordered inter alia:

"that the Government should pursue urgently with the Accident Insurance Association proposals for a Motor Insurers' Bureau similar to that in operation in the United Kingdom".

The Acting Governor also directed that a progress report be made to Honourable Members at the end of 1978.

2

The Registrar General together with representatives of the Legal Aid and Transport Departments have subsequently held a number of discussions with representatives of the Accident Insurance Association of Hong Kong at which the various matters to be considered have been identified, and some measure of agreement has been reached.

Motor Insurers' Bureau of Hong Kong (MIB)

3

The procedure to establish an MIB as a company limited by guarantee are in hand, and no difficulties are envisaged.

Scope of the MIB

4

The Government's intention is that the proposed MIB should, as in Great Britain, be liable for the payment of damages in respect. of death or bodily injury to passengers or third parties in the following types of case:

(a) where an accident has been caused by an identified

but uninsured driver;

(b) where an accident has been caused by an identified

and apparently insured driver but the insurer is not legally liable under the policy, because, for example, the policy may have been obtained by fraud or mis- representation, or the insured may be in breach of a condition of the policy;

CONFIDENTIAL #2

機密