1964_SOLICITORS_(PROFESSIONAL_INDEMNITY)_RULES — Page 16

M 16

CAP. 159] Solicitors (Professional Indemnity) Rules

[Subsidiary]

[1989 Ed.

identifying the particular Practice or member) for or to the Society, but shall not otherwise be disclosed or available to the Society without prior consent of the Practice (or any successor Practice thereto) or the member concerned.

1.

SCHEDULE 3

[rules 2 & 10]

EXCLUSIONS AND CONDITIONS

Exclusions

The Company will not provide Indemnity in respect of-

(a) the deductibles of any one claim as set out in paragraph 2(2);

(b) any claim arising from any notice received by the indemnified prior to 1 October 1989 from any person advising or intimating that it is the intention of such person to hold the indemnified responsible for any act or omission, and any legal proceedings brought in respect of any such act or omission, in connection with the Practice;

(c) losses arising out of any claim---

(i) for death, bodily injury, physical loss or physical damage to property of any kind whatsoever (other than property in the care, custody and control of any of the indemnified in connection with the Practice for which the indemnified is responsible, not being property occupied or used by the indemnified for the purposes of the Practice);

(ii) for the payment of a trading debt incurred by the indemnified;

(iii) brought about by the dishonesty or fraudulent act or fraudulent omission of the principal except that this exclusion shall not apply to liability arising out of any claim brought about by the dishonesty or fraudulent act or fraudulent omission of any employee in the Practice where the principal has no knowledge of, or could not by exercising due diligence have obtained knowledge of, such dishonesty or fraudulent act or fraudulent omission of such employee;

(iv) directly or indirectly caused by or contributed to, by or arising from ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, the radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; or from war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power;

(v) in respect of any liability incurred in connection with a Practice conducted wholly outside Hong Kong,

(vi) made by Carrian Investments Limited (“CIL”), Carrian Holdings Limited ("CHL") or any of their respective subsidiary (which has the same meaning as in section 2(4) of the Companies Ordinance (Cap. 32)) or associate companies or by the shareholders, creditors or liquidators of any of them in respect of professional or other work done by the indemnified for or on behalf of or for the benefit of CIL, CHL or any of their respective subsidiary or associate companies at any time prior to the liquidation of such companies but the Company shall remain liable in respect of professional or other work done for or on behalf of or for the benefit of the liquidators of such companies; or

(vii) subject to paragraph 8(8) where the indemnified's breach of or non-compliance with any condition of these rules has resulted in substantial prejudice to the handling or settlement of any claim against the indemnified;

(viii) for wrongful dismissal or any other alleged breach or any other relief in respect of any contract of employment by the Practice or any member thereof; or