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The Profectional Newsletters
20 September 2019

Insurance Law #

Law, Practice and Practical Tips
in Disciplinary Proceedings of
Insurance Agents
#

Insurance Law Law, Practice and Practical Tips in Disciplinary Proceedings of Insurance Agents

by
Mr. Gary Meggitt,
MA (Oxon), MPhil (HKU), ACII, MCIArb,
Solicitor Advocate (England & Wales),
Barrister-at-Law (Lincoln's Inn),
Mediator (CEDR Accredited),
Associate Professor, Faculty of Law,
Director, Asian Institute
of International Financial Law (AIIFL),
The University of Hong Kong

by
Mr. Dicky Cheung,
Barrister-at-Law,
Garden Chambers

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Code: EVT000000293 Code: EVT000000300
Date: 14 October 2019 (Monday) Date: 30 October 2019 (Wednesday)
Time: 09:30 - 12:45
(Reception starts at 09:00)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK CPD Points being applied for
SFC 3.0 CPT Hours
Accreditations: LSHK CPD Points being applied for
SFC 3.0 CPT Hours
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 30 September 2019)

Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 16 October 2019)

Please call 2116 3328 for details
and Group Discount
This course has previously been accredited
by the Law Society of Hong Kong
for 3 CPD Points, register now!
Register this course now!
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Mr. Gary Meggitt Mr. Dicky Cheung

Mr. Meggitt is an Associate Professor in the Faculty of Law as well as the Director of the Asian Institute of International Financial Law (AIIFL) at the University of Hong Kong.  He qualified as a solicitor in 1993 and practiced insurance litigation with several leading UK firms.  He was also subsequently Called to the Bar in England.

Mr. Meggitt teaches civil litigation, commercial disputes resolution and professional practice & management on the PCLL.  He also teaches insurance law on the Faculty's LLM and JD programmes.  He is a contributing author to 'A Guide to Civil Procedure in Hong Kong' (2015, LexisNexis), edited 'Civil Justice Reform - What has it achieved?' (2010, Sweet & Maxwell) and the author of ‘Halsbury’s Laws of Hong Kong, Vol.37 - Limitation of Actions’ (2015).  Mr. Meggitt is a member of the Hong Kong Law Society's Insurance Law Committee and its Working Party on Litigation Funding.  He is also a member of the Examining Panel of the Higher Rights Assessment Board and a member of the Insurance Authority’s Future Task Force.

Mr. Dicky Cheung read law at the University of Hong Kong and was called to the bar in 2017.  He joined Garden Chambers in the following year.

His practice is focused on commercial, company and contractual litigation.  He has represented listed companies, state-owned banks (overseas and PRC), and high net worth individuals in handling complex commercial, corporate and civil litigation with securities, trusts and probate at issues, involving overseas parties and complicated transactions.

Dicky also frequently represents professionals, including insurance agents, estate agents, optometrists etc., in disciplinary proceedings, and their appeal and judicial review proceedings.

Dicky is fluent in Putonghua and regularly handles PRC-related cases and parties.

Course Outline:
This course is intended to serve as a general introduction to the essential elements of insurance law.
This course covers:

  • The operation and regulation of the insurance market in Hong Kong, including under the new Independent Insurance Authority
  • The doctrines of 'Insurable Interest' and 'Utmost Good Faith'
  • Specific terms of insurance contracts and how they differ from those in other contracts
  • How claims are made by policyholders and dealt with by insurers
  • The rights of insurers, including subrogation and contribution
  • The role of insurance brokers and agents

Course Outline:

"[I]t may be still possible to say that, although the local authority have kept within the four corners of the matters which they ought to consider, they have nevertheless come to a conclusion so unreasonable that no reasonable authority could ever have come to it.  In such a case, again, I think the court can interfere”, Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948]1 KB 223, 233

Professional life in Hong Kong is heavily regulated.  Rightly so, the increased awareness of clients on their rights against professionals presents new challenge to doctors, accountants, engineers, insurance agents alike.

Disciplinary proceedings against professionals are often extremely distressing with one’s livelihood and reputation at stake.  They deserve rigorous and principled advocacy and defence to ensure one’s fundamental human right to a fair hearing is protected.

For the first time in recent 14 years, an insurance agent, represented by the Speaker of this CPD Course as counsel, has successfully applied to quash the decisions of the relevant disciplinary boards below in a judicial review case of Wei Linghui v. Hong Kong Federation of Insurers Insurance Agents Registration Board and Another [2019] HKCFI 2094; HCAL 2759/2018 (27 August 2019), on both:

  1. the substantive ground that decisions below were unreasonable in the public law sense; and
  2. the procedural ground that there was procedural impropriety of failing to give adequate reasons.

This case sheds new light disciplinary proceedings in the insurance industry in which over 70,000 insurance agents are subject to the regulation of relevant disciplinary boards and over 1,000 complaint cases are processed annually.

As the counsel for the successful insurance agent in the above case, the Speaker will offer his analysis of the judgment and experience in handling the case and similar cases.

The Speaker is also an ex-insurance agent himself and therefore could offer multiple perspectives and practical tips in handling these cases.

The course will cover the following topics:

  • What are public law principles in disciplinary proceedings with the human right to fair hearing engaged?
  • What is the procedure of disciplinary boards and appeal and how lawyers can protect their clients’ right to fair hearing?
  • What are the notarisation requirements of official/academic documents in the PRC and the practical tips to note?
  • What does a client in disciplinary proceedings need and want? How does a lawyer take the best of instructions and prepare the disciplinary proceedings accordingly?
  • How does a lawyer apply for an interim suspension/stay of disciplinary actions? What are the practical tips on settlement negotiation with disciplinary boards?
  • How does a lawyer lay down the necessary grounds in preparation of potential appeal and judicial review?
  • How does the new transition to the regulatory regime under the Insurance Authority change the landscape?

10% Off Special Discount: Enroll any 3 or more courses | Register a group of 3 or more
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