Insolvency Fund Domestic Agreement (Final)

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CONFORMED COPY
INSOLVENCY FUND DOMESTIC AGREEMENT
between
EMPLOYEES COMPENSATION INSURER INSOLVENCY BUREAU
and
INSURERS WITHIN THE MEANING OF SECTION 3 OF THE EMPLOYEES’
COMPENSATION ORDINANCE (Cap. 282 of the Laws of Hong Kong)
Deacons
Solicitors & Notaries
5th Floor
Alexandra House
16-20 Chater Road
Central
Hong Kong
Fax : +852 2810 0431
: +852 2825 9211
KMHC\Domestic Agreement.doc
INSOLVENCY FUND DOMESTIC AGREEMENT
THIS AGREEMENT is made
BETWEEN:
(1)
EMPLOYEES COMPENSATION INSURER INSOLVENCY BUREAU, a
company limited by guarantee incorporated in Hong Kong under the Companies
Ordinance (Cap. 32 of the laws of Hong Kong) and having its registered office at 24/F
Prince’s Building, Central, Hong Kong ("ECIIB"); and
(2)
INSURERS WITHIN THE MEANING OF SECTION 3 OF THE
EMPLOYEES’ COMPENSATION ORDINANCE (Cap. 282 of the Laws of
Hong Kong) (each an "Insurer" and together the "Insurers"), being at the date of
this Agreement those insurance companies and Lloyd's Underwriters by or on behalf
of whom this Agreement is signed.
WHEREAS:
(A)
Currently, the Employees Compensation Assistance Fund established under the
Employees Compensation Assistance Ordinance (Cap. 365 of the Laws of Hong
Kong) may in the circumstances set out in that Ordinance make payments in respect
of the liabilities of Insurers that become insolvent.
(B)
The Employees Compensation Assistance Fund will cease to do so in respect of the
liabilities of Insurers that become insolvent on or after the Commencement Date (as
defined in the Insolvency Fund Agreement).
(C)
The Government of the Hong Kong Special Administrative Region and the ECIIB
have entered into an agreement dated 21 February 2003 (as amended from time to
time, the "Insolvency Fund Agreement") to establish a scheme (the "Insolvency
Fund Scheme").
(D)
Subject to the terms of the Insolvency Fund Agreement, the Insolvency Fund Scheme
will assume responsibility for the liabilities of Insurers that become insolvent on or
after the Commencement Date.
(E)
The Insurers and ECIIB wish to enter into this Agreement for the purpose of enabling
ECIIB to carry out its obligations under the Insolvency Fund Agreement.
NOW IT IS HEREBY AGREED as follows:
1.
INTERPRETATION
1.01
Unless the context requires otherwise, in this Agreement words and expressions shall
have the same meaning as in the Insolvency Fund Agreement.
KMHC\Domestic Agreement.doc
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1.02
2.
In this Agreement:
(a)
References to Clauses are to clauses of this Agreement;
(b)
Words importing the singular number include the plural number and vice
versa;
(c)
Words importing persons include firms, companies and corporations and vice
versa;
(d)
The recitals to this Agreement and the headings used in this Agreement are for
convenience only and should be ignored in construing this Agreement;
(e)
References to any statute, ordinance or regulation shall be construed as
references to that statute, ordinance or regulation as amended or re-enacted
from time to time.
OBLIGATIONS OF THE INSURERS
In consideration of the undertakings by ECIIB in Clause 3 each of the Insurers
severally hereby undertakes with each other of them severally, and separately with
ECIIB:
3.
(a)
fully and promptly to pay contributions to ECIIB in accordance with clause 4
of the Insolvency Fund Agreement and otherwise to do all those things which
it is contemplated in the Insolvency Fund Agreement that it should as an
Insurer do, in all respects as if it had been party to the Insolvency Fund
Agreement and agreed to be bound thereby;
(b)
to remain a member of ECIIB until it ceases to be such a member in terms of
Article 5 of the Articles of Association of ECIIB; and
(c)
to be bound by this Agreement for so long as it remains a member of ECIIB
and thereafter in respect of obligations arising under this Agreement or under
the Insolvency Fund Agreement before it ceased to be a member of ECIIB.
OBLIGATIONS OF ECIIB
In consideration of the undertakings by the Insurers in Clause 2 ECIIB hereby
undertakes with each of the Insurers severally:
(a)
to establish and operate the Insolvency Fund Scheme as provided in the
Insolvency Fund Agreement; and
(b)
to make it a condition of membership of ECIIB that each applicant for
membership shall, forthwith on becoming a member, enter into a Deed of
undertaking in such form as the Council may determine from time to time
pursuant to which the applicant agrees, inter alia, to be bound by this
Agreement and to participate in the Insolvency Fund Scheme.
KMHC\Domestic Agreement.doc
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4.
CERTAIN RIGHTS UNAFFECTED
Nothing in this Agreement or in the Insolvency Fund Agreement shall affect any right
of an Insurer to any indemnity or contribution from another Insurer whether such right
arises at common law, by statute, from a claims sharing or other agreement, by
subrogation or by assignment of any relevant judgment and all such rights shall be
determined according to the facts and circumstances of each case without reference to
this Agreement.
5.
DISPUTES
5.01
Any dispute arising between ECIIB and one or more of the Insurers touching this
Agreement or the Insolvency Fund Agreement which cannot be settled by agreement
shall be referred to and determined by arbitration at the Hong Kong International
Arbitration Centre in accordance with its Domestic Arbitration Rules.
5.02
Any dispute arising between two or more of the Insurers arising out of or concerning
the application of this Agreement or the Insolvency Fund Agreement shall be referred
to and determined by arbitration at the Hong Kong International Arbitration Centre in
accordance with its Domestic Arbitration Rules.
6.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, and as regards the
ECIIB and any one single Insurer, the two counterparts to which they are each a party
shall come into effect when duly executed and delivered by each of them, and shall be
deemed to be an original and when taken together those counterparts shall constitute
one and the same instrument.
7.
DELIVERY
7.01
This Agreement shall come into effect and be enforceable as between ECIIB and an
Insurer once ECIIB and that Insurer have both duly executed and delivered this
Agreement, notwithstanding that any other Insurer or Insurers may not as at that date
have executed and delivered this Agreement.
7.02
This Agreement shall come into effect and be enforceable as between an Insurer and
another Insurer once both such Insurers have duly executed and delivered this
Agreement, notwithstanding that any other Insurer or Insurers may not as at that date
have executed and delivered this Agreement.
8.
APPLICATION FOR MEMBERSHIP
The signing of this Agreement by or on behalf of an Insurer shall be deemed to be an
application for registration as a member of ECIIB if such application has not already
been made.
KMHC\Domestic Agreement.doc
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9.
AMENDMENT
This Agreement may only be amended by an instrument in writing executed by ECIIB
and all of the members of ECIIB.
10.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
Hong Kong.
IN WITNESS whereof each of parties has executed this Agreement on the day and year
written below.
SIGNED by Chan Kin Por
for and on behalf of
EMPLOYEES COMPENSATION
INSURER INSOLVENCY BUREAU
on 21st February, 2003
in the presence of:
Witness:
(sd. Kimmy MH Chan)
Name:
Kimmy MH Chan
Address:
24th Floor, Prince’s Building
Central, Hong Kong
Occupation:
Senior Manager
SIGNED by Philip Joseph Haines
for and on behalf of
ACE INSURANCE LIMITED
on 13th March, 2003
and delivered on the same date:
in the presence of:
Witness:
(not completed)
Name:
(not completed)
Address:
(not completed)
Occupation:
(not completed)
KMHC\Domestic Agreement.doc
)
)
)
)
(sd. Chan Kin Por)
Authorised Officer
)
)
)
)
)
)
)
-4 -
(sd. Philip Joseph Haines)
Authorised Officer
SIGNED by Robert Stead
for and on behalf of
ALLIANZ INSURANCE (HONG KONG)
LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Robert Stead)
Authorised Officer
Witness:
(sd. Ip Pui Chi)
Name:
Ip Pui Chi
Address:
9/F., One International Finance Centre
One Harbour View Street, Hong Kong
Occupation:
Chief Financial Officer
SIGNED by Ross Edward Matthews
for and on behalf of
AMERICAN HOME ASSURANCE
COMPANY
on 18th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Ross Edward Matthews)
Authorised Officer
Witness:
(sd. Lily Rumjahn)
Name:
Lily Rumjahn
Address:
15/F., AIA Building, 1 Stubbs Road
Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
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SIGNED by Gregory Robert Scott Crichton
for and on behalf of
AMERICAN INTERNATIONAL
ASSURANCE CO., LTD
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Gregory Robert Scott Crichton)
Authorised Officer
Witness:
(sd. Lily Rumjahn)
Name:
Lily Rumjahn
Address:
15/F., AIA Building, 1 Stubbs Road
Hong Kong
Occupation:
Secretary
SIGNED by Cheong Kai Boon John
for and on behalf of
ANGLO STARLITE INSURANCE
COMPANY LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Cheong Kai Boon John)
Authorised Officer
Witness:
(sd. N.R. Modi)
Name:
N.R. Modi
Address:
16th Floor, Kwun Tong Harbour Plaza
182 Wai Yip Street, Kwun Tong, Hong Kong
Occupation:
Deputy General Manager
KMHC\Domestic Agreement.doc
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SIGNED by Wong Kok Ho and Bernard Chan )
for and on behalf of
)
ASIA INSURANCE COMPANY,
)
LIMITED
)
on 18th February, 2003
)
and delivered on the same date:
)
in the presence of:
)
(sd. Wong Kok Ho and Bernard Chan)
Authorised Officer
Witness:
(sd. Ho Chui Ping, Carol)
Name:
Ho Chui Ping, Carol
Address:
16/F., Worldwide House,
19 Des Voeux Road Central, Hong Kong
Occupation:
Financial Controller
SIGNED by Sergio Di Caro
for and on behalf of
ASSICURAZIONI GENERALI S.P.A.
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Sergio Di Caro)
Authorised Officer
Witness:
(sd. Roberto Gasso)
Name:
Roberto Gasso
Address:
Suite 908-916, Citic Tower, 1 Tim Mei Avenue
Central, Hong Kong
Occupation:
Deputy Chief Executive Assicurazioni Generali S.p.A.
- Hong Kong Branch
KMHC\Domestic Agreement.doc
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SIGNED by Dominic Lam Wai Kuen
for and on behalf of
AXA CHINA REGION INSURANCE
COMPANY (BERMUDA) LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Dominic Lam Wai Kuen)
Authorised Officer
Witness:
(sd. Wong Koon Au, Fran)
Name:
Wong Koon Au, Fran
Address:
18/F., AXA Centre, 151 Gloucester Road
Wanchai, Hong Kong
Occupation:
Insurance
SIGNED by Lau Hon Keung Steven
for and on behalf of
AXA GENERAL INSURANCE HONG
HONG LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Lau Hon Keung Steven)
Authorised Officer
Witness:
(sd. James Hing Bun Tang)
Name:
James Hing Bun Tang
Address:
30/F., PCCW Tower, Taikoo Place
979 King’s Road, Quarry Bay, Hong Kong
Occupation:
Company Secretary
KMHC\Domestic Agreement.doc
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SIGNED by Lam Wai Kuen Dominic
for and on behalf of
AXA LIFE INSURANCE COMPANY
LIMITED
on 17th March, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Lam Wai Kuen Dominic)
Authorised Officer
Witness:
(sd. Wong Koon Au, Fran)
Name:
Wong Koon Au, Fran
Address:
18/F., AXA Centre, 151 Gloucester Road
Wanchai, Hong Kong
Occupation:
Insurance
SIGNED by Shiu Wai Kwok
for and on behalf of
BANK OF CHINA GROUP INSURANCE
COMPANY LIMITED
on 28th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Shiu Wai Kwok)
Authorised Officer
Witness:
(sd. Siu Pik Ying)
Name:
Siu Pik Ying
Address:
9/F., Wing On House
71 Des Voeux Road Central, Hong Kong
Occupation:
Manager – Head of Claims Department
KMHC\Domestic Agreement.doc
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SIGNED by Cheung Man-lo
for and on behalf of
BLUE CROSS (ASIA-PACIFIC)
INSURANCE LIMITED
on 18th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Cheung Man-lo)
Authorised Officer
Witness:
(sd. Hung Lee-kiu)
Name:
Hung Lee-kiu
Address:
22/F., Cosco Tower, 183 Queen’s Road
Hong Kong
Occupation:
Financial Controller
SIGNED by Lo Yiu Ming
for and on behalf of
CAF INTERNATIONAL INSURANCE
COMPANY LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Lo Yiu Ming)
Authorised Officer
Witness:
(sd. Wong Chun Yui)
Name:
Wong Chun Yui
Address:
5/F., Fairmont House, 8 Cotton Tree Drive
Hong Kong
Occupation:
Accountant
KMHC\Domestic Agreement.doc
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SIGNED by Raymond Chau
for and on behalf of
CALIFORNIA INSURANCE COMPANY,
LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Raymond Chau)
Authorised Officer
Witness:
(sd. Joan Poon)
Name:
Joan Poon
Address:
Rm. 1607-8, China Insurance Group Building
141 Des Voeux Road Central, Hong Kong
Occupation:
Accountant
SIGNED by Andrew Lo
for and on behalf of
CGU INTERNATIONAL INSURANCE
PLC
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Cecilia Tsang Wai Chun)
Name:
Cecilia Tsang Wai Chun
Address:
9/F., Cityplaza One, Taikoo Shing
Quarry Bay, Hong Kong
Occupation:
Executive Secretary
KMHC\Domestic Agreement.doc
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(sd. Andrew Lo)
Authorised Officer
SIGNED by Tam Kwok Wing Ivan
for and on behalf of
CHEVALIER INSURANCE COMPANY
LIMITED
on 25th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Tam Kwok Wing Ivan)
Authorised Officer
Witness:
(sd. Wu Chiu Ming, Simon)
Name:
Wu Chiu Ming, Simon
Address:
15/F., Chevalier House, 45 Chatham Road
Tsimshatsui, Kowloon
Occupation:
Insurance
SIGNED by Tam Pak Hung William
for and on behalf of
CHINA COMMUNICATIONS
INSURANCE COMPANY LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Tam Pak Hung William)
Authorised Officer
Witness:
(sd. Terrence Leung)
Name:
Terrence Leung
Address:
16/F., Bank of Communications Tower
231-235 Gloucester Road, Wanchai, Hong Kong
Occupation:
Deputy Manager/Underwriting & Claims Department
KMHC\Domestic Agreement.doc
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SIGNED by Ho Wing Yi
for and on behalf of
CHINA MERCHANTS INSURANCE
COMPANY LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Ho Wing Yi)
Authorised Officer
Witness:
(sd. Chan Kwan, Simon)
Name:
Chan Kwan, Simon
Address:
18/F., China Merchants Tower, Shun Tak Centre
168-200 Connaught Road Central, Hong Kong
Occupation:
General Manager
SIGNED by Ng Wing Fat Ronnie
for and on behalf of
CHINA OVERSEAS INSURANCE
LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Wong Ming Tan Nicole)
Name:
Wong Ming Tan Nicole
Address:
29/F., China Overseas Building
139 Hennessy Road, Hong Kong
Occupation:
Manager
KMHC\Domestic Agreement.doc
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(sd. Ng Wing Fat Ronnie)
Authorised Officer
SIGNED by Chen Wei
for and on behalf of
CHINA PACIFIC INSURANCE CO.,
(H.K.) LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Chen Wei)
Authorised Officer
Witness:
(sd. Song Weixiang)
Name:
Song Weixiang
Address:
Room 203-208, Far East Consortium Building
121 Des Voeux Road Central, Hong Kong
Occupation:
Assistant General Manager
SIGNED by Lam Tak Wah
for and on behalf of
CHINA PING AN INSURANCE (HONG
KONG) COMPANY LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Lam Tak Wah)
Authorised Officer
Witness:
(sd. Chu Chi Kong)
Name:
Chu Chi Kong
Address:
11/F., Dah Sing Financial
108 Gloucester Road, Wanchai, Hong Kong
Occupation:
Claims Manager
KMHC\Domestic Agreement.doc
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SIGNED by Samuel Cheng
for and on behalf of
CONCORD INSURANCE COMPANY
LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Samuel Cheng)
Authorised Officer
Witness:
(sd. Cheng-chung Ho)
Name:
Cheng-chung Ho
Address:
22/F., Car Po Commercial Building
37-43 Pottinger Street, Hong Kong
Occupation:
Managing Director
SIGNED by Swee Lee Chun
for and on behalf of
COSMIC INSURANCE CORPORATION
LIMITED
on 25th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Swee Lee Chun)
Authorised Officer
Witness:
(sd. Lee Oi Lin Irene)
Name:
Lee Oi Lin Irene
Address:
3/F., Kingpower Commercial Building
409-413 Jaffe Road, Wanchai, Hong Kong
Occupation:
Assistant Manager
KMHC\Domestic Agreement.doc
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SIGNED by Loi Wai Ming
for and on behalf of
DAH SING GENERAL INSURANCE
COMPANY LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Loi Wai Ming)
Authorised Officer
Witness:
(sd. Ng Chi Keung)
Name:
Ng Chi Keung
Address:
20/F., Island Place Tower, 510 King’s Road
North Point, Hong Kong
Occupation:
Insurance Executive
SIGNED by Wong Kwok Tim
for and on behalf of
DAO HENG INSURANCE COMPANY
LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Wong Kwok Tim)
Authorised Officer
Witness:
(sd. Pandora Woo)
Name:
Pandora Woo
Address:
23/F., Room 2302, Wing On House
71 Des Voeux Road Central, Hong Kong
Occupation:
Senior Manager, Underwriting & Claims
KMHC\Domestic Agreement.doc
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SIGNED by Peter Erich Schelling
for and on behalf of
EAGLE STAR INSURANCE COMPANY
LIMITED
on 18th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Peter Erich Schelling)
Authorised Officer
Witness:
(sd. Ma Yim Ling)
Name:
Ma Yim Ling
Address:
1602, Block F, Tak Bo Garden, Kowloon
Occupation:
Personal Assistant to CEO
SIGNED by Kwok Tsun Wa Kenneth
for and on behalf of
FALCON INSURANCE COMPANY
(HONG KONG) LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Kwok Tsun Wa Kenneth)
Authorised Officer
Witness:
(sd. Cynthia Leung)
Name:
Cynthia Leung
Address:
1902 The Lee Gardens, 33 Hysan Avenue
Causeway Bay, Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
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SIGNED by Andre Dalalire
for and on behalf of
FEDERAL INSURANCE COMPANY
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Andre Dalalire)
Authorised Officer
Witness:
(sd. Julia Chim)
Name:
Julia Chim
Address:
24/F., Harcourt House, 39 Gloucester Road
Wanchai, Hong Kong
Occupation:
Administration
SIGNED by Yu Yi Fang
)
for and on behalf of
)
GAN ASSURANCES IARD COMPAGNIE )
FRANCAISE D’ASSURANCES ET DE
)
REASSURANCES INCENDIE,
)
ACCIDENTS ET RISQUES DIVERS
)
on 27th February, 2003
)
and delivered on the same date:
)
in the presence of:
)
(sd. Yu Yi Fang)
Authorised Officer
Witness:
(sd. Law Ping Luen)
Name:
Law Ping Luen
Address:
Room 1101-3, 11/F., CITIC Tower
1 Tim Mei Avenue, Central, Hong Kong
Occupation:
Finance & Administration Manager
KMHC\Domestic Agreement.doc
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SIGNED by Lau Tung Sing
for and on behalf of
GERLING-KONZERN ALLGEMEINE
VERSICHERUNGSAKTIENGESELLSCHAFT
on 10th March, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Lau Tung Sing)
Authorised Officer
Witness:
(sd. Kwok Sui King Fanny)
Name:
Kwok Sui King Fanny
Address:
5202-3 Central Plaza, 18 Harbour Road
Wanchai, Hong Kong
Occupation:
Administration Manager
SIGNED by Chan Kin Por and
Leung Wing Ning
for and on behalf of
HANG SENG INSURANCE COMPANY
LIMITED
on 18th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Chan Kin Por and Leung Wing Ning)
Authorised Officer
Witness:
(sd. Tsang Sau King Doris)
Name:
Tsang Sau King Doris
Address:
20/F., World-Wide House
19 Des Voeux Road Central, Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
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SIGNED by Yuen Wai Chiu Vingle and
Choy Chung Foo
for and on behalf of
HSBC INSURANCE (ASIA) LIMITED
on 18th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Lester Huang)
Name:
Lester Huang
Address:
18/F., Tower 1, HSBC Centre
1 Sham Mong Road, Kowloon
Occupation:
Financial Controller
SIGNED by Colly Lam
for and on behalf of
JERNEH INSURANCE (HK) LIMITED
on 28th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Yuen Wai Chiu Vingle and
Choy Chung Foo)
Authorised Officer
(sd. Colly Lam)
Authorised Officer
Witness:
(sd. Popo Shek)
Name:
Popo Shek
Address:
Room 1403, 14/F., China Resources Building
26 Harbour Road, Wanchai, Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
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SIGNED by Lo Nai Wai Stephen
for and on behalf of
KONO INSURANCE LIMITED
on 21th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Lo Nai Wai Stephen)
Authorised Officer
Witness:
(sd. Fung Ying Tat)
Name:
Fung Ying Tat
Address:
22/F., Guangdong Investment Tower
148 Connaught Road Central, Hong Kong
Occupation:
Director & General Manager
SIGNED by Cher Ah Kow
for and on behalf of
LIBERTY INTERNATIONAL
INSURANCE LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Cher Ah Kow)
Authorised Officer
Witness:
(sd. Shirley Yeung)
Name:
Shirley Yeung
Address:
2/F., Centre Point, 181 Gloucester Road
Wanchai, Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
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SIGNED by Yan Kin Pui George
for and on behalf of
LIU CHONG HING INSURANCE
COMPANY LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Yan Kin Pui George)
Authorised Officer
Witness:
(sd. Lee Sun Yuen)
Name:
Lee Sun Yuen
Address:
8/F., Western Harbour Centre
181 Connaught Road West, Hong Kong
Occupation:
Accounting & Personnel Manager
SIGNED by Cameron Murray
for and on behalf of
LLOYD’S UNDERWRITERS
on 28th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Cameron Murray)
Authorised Officer
Witness:
(sd. Lisa Jayne Mitchell)
Name:
Lisa Jayne Mitchell
Address:
Flat 1, 1 Ko Long Village, Yung Shue Wan
Lamma Island, Hong Kong
Occupation:
Personal Assistant
KMHC\Domestic Agreement.doc
- 22 -
SIGNED by Chan Kwok Kwong and
Cheng Kai Kwong
for and on behalf of
MIN XIN INSURANCE COMPANY
LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Chan Kwok Kwong and
Cheng Kai Kwong)
Authorised Officer
Witness:
(sd. Ho Yip Man)
Name:
Ho Yip Man
Address:
17/F., Fairmont House, 8 Cotton Tree Drive
Central, Hong Kong
Occupation:
Insurance
SIGNED by Takao Yasukochi
for and on behalf of
MITSUI SUMITOMO INSURANCE CO.
LTD.
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Takao Yasukochi)
Authorised Officer
Witness:
(sd. Yuet Tsang Sau)
Name:
Yuet Tsang Sau
Address:
23/F., Bank of America, 12 Harcourt Road
Central, Hong Kong
Occupation:
Financial Controller
KMHC\Domestic Agreement.doc
- 23 -
SIGNED by Takao Yasukochi
for and on behalf of
MITSUI SUMITOMO INSURANCE
COMPANY (HONG KONG) LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Takao Yasukochi)
Authorised Officer
Witness:
(sd. Yuet Tsang Sau)
Name:
Yuet Tsang Sau
Address:
23/F., Bank of America, 12 Harcourt Road
Central, Hong Kong
Occupation:
Financial Controller
SIGNED by Ross Edward Matthews
for and on behalf of
NATIONAL UNION FIRE INSURANCE
CO. OF PITTSBURGH, PA
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Ross Edward Matthews)
Authorised Officer
Witness:
(sd. Lily Rumjahn)
Name:
Lily Rumjahn
Address:
15/F., AIA Building, 1 Stubbs Road
Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
- 24 -
SIGNED by Yeung Wing Wah
for and on behalf of
NATIONALE-NEDERLANDEN
INTERNATIONALE
SCHADEVERZEKERING N.V.
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Yeung Wing Wah)
Authorised Officer
Witness:
(sd. Chan Cheuk Yin)
Name:
Chan Cheuk Yin
Address:
7/F., ING Tower, 308 Des Voeux Road Central
Hong Kong
Occupation:
Underwriting & Technical Manager
SIGNED by Ross Edward Matthews
for and on behalf of
NEW HAMPSHIRE INSURANCE CO.
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Ross Edward Matthews)
Authorised Officer
Witness:
(sd. Lily Rumjahn)
Name:
Lily Rumjahn
Address:
15/F., AIA Building, 1 Stubbs Road
Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
- 25 -
SIGNED by Toshihiko Miyasaka
for and on behalf of
NIPPONKOA INSURANCE COMPANY,
(ASIA) LIMITED
on 27th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Toshihiko Miyasaka)
Authorised Officer
Witness:
(sd. Fok Yu Cheong, Kenneth)
Name:
Fok Yu Cheong, Kenneth
Address:
Room 2704-2706, Gloucester Tower, The Landmark
11 Pedder Street, Central, Hong Kong
Occupation:
General Manager
SIGNED by Stanley Ko
)
for and on behalf of
)
NISSAY DOWA GENERAL INSURANCE )
CO., LIMITED
)
th
on 24 February, 2003
)
and delivered on the same date:
)
in the presence of:
)
Witness:
(not completed)
Name:
(not completed)
Address:
(not completed)
Occupation:
(not completed)
KMHC\Domestic Agreement.doc
- 26 -
(sd. Stanley Ko)
Authorised Officer
SIGNED by Cheung Hung Wai Richie
for and on behalf of
NORMAN (HONG KONG) INSURANCE
COMPANY LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Cheung Hung Wai Richie)
Authorised Officer
Witness:
(sd. Cathy Sin)
Name:
Cathy Sin
Address:
4407, 44/F., Hopewell Centre
183 Queen’s Road East, Wanchai, Hong Kong
Occupation:
Accountant
SIGNED by Ma Sing Tak
for and on behalf of
OVERSEAS UNION INSURANCE,
LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Ma Sing Tak)
Authorised Officer
Witness:
(sd. Lisa Yan)
Name:
Lisa Yan
Address:
Unit 3006, 30/F., Cosco Tower
183 Queen’s Road Central, Hong Kong
Occupation:
Underwriting Manager
KMHC\Domestic Agreement.doc
- 27 -
SIGNED by Tong Lai Hing
for and on behalf of
PAOFOONG INSURANCE COMPANY
(HONG KONG) LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Judith Wong)
Name:
Judith Wong
Address:
16/F., Cityplaza 3, Taikoo Shing
Quarry Bay, Hong Kong
Occupation:
Secretary
SIGNED by Chow Po Ling Irene
for and on behalf of
PIONEER INSURANCE & SURETY
CORPORATION
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Tong Lai Hing)
Authorised Officer
(sd. Chow Po Ling Irene)
Authorised Officer
Witness:
(sd. Kwok Wai Hung, Andy)
Name:
Kwok Wai Hung, Andy
Address:
Room 2701 Shun Tak Centre, West Tower
200 Connaught Road Central, Hong Kong
Occupation:
General Manager
KMHC\Domestic Agreement.doc
- 28 -
SIGNED by Jecky S. W. Lui
for and on behalf of
QBE HONGKONG & SHANGHAI
INSURANCE LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Jecky S. W. Lui)
Authorised Officer
Witness:
(sd. Paul P. W. Wong)
Name:
Paul P. W. Wong
Address:
6/F., DCH Commercial Centre, 25 Westlands Road
Quarry Bay, Hong Kong
Occupation:
Company Secretary
SIGNED by Choi Lai Ha
for and on behalf of
RELIANCE HKCB INSURANCE
COMPANY LIMITED
on 3rd March, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Choi Lai Ha)
Authorised Officer
Witness:
(sd. Janet Mui)
Name:
Janet Mui
Address:
Room 2704, Central Plaza, 18 Harbour Road
Wanchai, Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
- 29 -
SIGNED by Keith Bernard Land
)
for and on behalf of
)
ROYAL & SUN ALLIANCE INSURANCE )
(HONG KONG) LTD
)
on 18th February, 2003
)
and delivered on the same date:
)
in the presence of:
)
Witness:
(sd. Wong Ching Yin)
Name:
Wong Ching Yin
Address:
Room D, 14/F., Block 12 Cityone
Shatin, New Territories
Occupation:
Company Secretary
SIGNED by Tang Sung Chi
for and on behalf of
SOMPO JAPAN INSURANCE INC.
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Keith Bernard Land)
Authorised Officer
(sd. Tang Sung Chi)
Authorised Officer
Witness:
(sd. Wong Wood Yeung)
Name:
Wong Wood Yeung
Address:
Room 1901, Lincoln House, No. 979, King’s Road
Island East, Hong Kong
Occupation:
Director and Assistant General Manager
KMHC\Domestic Agreement.doc
- 30 -
SIGNED by Leung Chi-keung Raymond and
Chan Ip-sing Evans
for and on behalf of
SUMMIT INSURANCE (ASIA) LIMITED
on 27th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Leung Chi-keung Raymond and
Chan Ip-sing Evans)
Authorised Officer
Witness:
(sd. Fung Ying-kit Joseph)
Name:
Fung Ying-kit Joseph
Address:
Flat A, 16/F., Wei King Building
275 Chatham Road, Hung Hom, Kowloon
Occupation:
Operations Manager
SIGNED by Keith Bernard Land
for and on behalf of
SUN ALLIANCE AND LONDON
INSURANCE PLC
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Wong Ching Yin)
Name:
Wong Ching Yin
Address:
Room D, 14/F., Block 12 Cityone
Shatin, New Territories
Occupation:
Company Secretary
KMHC\Domestic Agreement.doc
- 31 -
(sd. Keith Bernard Land)
Authorised Officer
SIGNED by Chow Ka Yin
for and on behalf of
SUN HUNG KAI PROPERTIES
INSURANCE LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Chow Ka Yin)
Authorised Officer
Witness:
(sd. Andrew Wong Kwai Chuen)
Name:
Andrew Wong Kwai Chuen
Address:
Room 2309-16, Sun Hung Kai Centre
30 Harbour Road, Hong Kong
Occupation:
Deputy General Manager
SIGNED by Ma Kin Kai John
for and on behalf of
SYMBOL UNDERWRITERS LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Ma Kin Kai John)
Authorised Officer
Witness:
(sd. Yuen Chu Kau)
Name:
Yuen Chu Kau
Address:
Room 1505-1513, 15/F., Leighton Centre
77 Leighton Road, Hong Kong
Occupation:
Chief Accountant
KMHC\Domestic Agreement.doc
- 32 -
SIGNED by Tse Tit Shing Francis
for and on behalf of
THE HONG KONG PRINTERS
ASSOCIATION
on 28th April, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Tse Tit Shing Francis)
Authorised Officer
Witness:
(sd. Lee Tang On Lawrence)
Name:
Lee Tang On Lawrence
Address:
48-50 Johnston Road, 1st Floor, Wanchai
Hong Kong
Occupation:
Officer
SIGNED by Cheng Kwok Ping
)
for and on behalf of
)
THE MING AN INSURANCE COMPANY )
(HONG KONG) LIMITED
)
th
on 18 February, 2003
)
and delivered on the same date:
)
in the presence of:
)
(sd. Cheng Kwok Ping)
Authorised Officer
Witness:
(sd. Lim Bik Har)
Name:
Lim Bik Har
Address:
19/F., Ming An Plaza, 8 Sunning Road
Causeway Bay, Hong Kong
Occupation:
Manager
KMHC\Domestic Agreement.doc
- 33 -
SIGNED by Sadhna Trehan
for and on behalf of
THE NEW INDIA ASSURANCE
COMPANY, LIMITED
on 25th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Sadhna Trehan)
Authorised Officer
Witness:
(sd. Chiu Lai Kuen)
Name:
Chiu Lai Kuen
Address:
15-17 Wyndham Street
Man Cheung Building 6th Floor, Central, Hong Kong
Occupation:
Senior Clerk in E.C. Department
SIGNED by Au Kwok Keung Edmond
for and on behalf of
THE PACIFIC INSURANCE COMPANY,
LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Au Kwok Keung Edmond)
Authorised Officer
Witness:
(sd. Ho Yin Ping)
Name:
Ho Yin Ping
Address:
22/F., Dominion Centre, 43-59 Queen’s Road East
Wanchai, Hong Kong
Occupation:
Company Secretary
KMHC\Domestic Agreement.doc
- 34 -
SIGNED by Zhou Ping
for and on behalf of
THE PEOPLE’S INSURANCE
COMPANY OF CHINA (HONG KONG),
LIMITED
on 21st February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Zhou Ping)
Authorised Officer
Witness:
(sd. Fok Ka Yee)
Name:
Fok Ka Yee
Address:
15th Floor, Guangdong Investment Tower
148 Connaught Road, Central, Hong Kong
Occupation:
Manager – Underwriting Department
SIGNED by Wong Chien Kuo James
for and on behalf of
THE PRUDENTIAL ASSURANCE
COMPANY LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Wong Chien Kuo James)
Authorised Officer
Witness:
(sd. Mok Wan Chong, Wendy)
Name:
Mok Wan Chong, Wendy
Address:
10/F., Cityplaza 4, 12 Tai Koo Wan Road
Taikoo Shing, Hong Kong
Occupation:
Solicitor
KMHC\Domestic Agreement.doc
- 35 -
SIGNED by Ma Kin Kai John
for and on behalf of
THE SINCERE INSURANCE AND
INVESTMENT COMPANY, LTD
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Ma Kin Kai John)
Authorised Officer
Witness:
(sd. Yuen Chu Kau)
Name:
Yuen Chu Kau
Address:
Room 1505-1513, 15/F., Leighton Centre
77 Leighton Road, Hong Kong
Occupation:
Chief Accountant
SIGNED by Takao Yasukochi
for and on behalf of
THE SUMITOMO PROPERTY &
CASUALTY INSURANCE COMPANY
(H.K.) LTD.
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Takao Yasukochi)
Authorised Officer
Witness:
(sd. Yuet Tsang Sau)
Name:
Yuet Tsang Sau
Address:
23/F., Bank of America, 12 Harcourt Road
Central, Hong Kong
Occupation:
Financial Controller
KMHC\Domestic Agreement.doc
- 36 -
SIGNED by Yasuhiro Egawa
for and on behalf of
THE TOKIO MARINE & FIRE
INSURANCE COMPANY (HK) LTD
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Lo Kam San)
Name:
Lo Kam San
Address:
Flat A, 27th Floor, United Centre
95 Queensway, Hong Kong
Occupation:
Deputy General Manager
SIGNED by Yasuhiro Egawa
for and on behalf of
THE TOKIO MARINE & FIRE
INSURANCE COMPANY LTD
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Lo Kam San)
Name:
Lo Kam San
Address:
Flat A, 27th Floor, United Centre
95 Queensway, Hong Kong
Occupation:
Deputy General Manager
KMHC\Domestic Agreement.doc
- 37 -
(sd. Yasuhiro Egawa)
Authorised Officer
(sd. Yasuhiro Egawa)
Authorised Officer
SIGNED by Christopher John Brown
for and on behalf of
UNITED KINGDOM MUTUAL
STEAM SHIP ASSURANCE
ASSOCIATION (BERMUDA) LTD
on 8th April, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
)
(sd. Christopher John Brown)
Authorised Officer
Witness:
(sd. Suen Kit Fong, Sarina)
Name:
Suen Kit Fong, Sarina
Address:
Suite 1201-4, Sino Plaza, 255-257 Gloucester Road
Causeway Bay, Hong Kong
Occupation:
Regulatory Officer
SIGNED by Kwan Tit Shing Jansen
for and on behalf of
THE WING ON FIRE & MARINE
INSURANCE COMPANY LTD
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Kwan Tit Shing Jansen)
Authorised Officer
Witness:
(sd. Cheng Ting Kwok)
Name:
Cheng Ting Kwok
Address:
Flat A, 6/F., Block 2, Sceneway Garden
6/F., Lam Tin, Kowloon
Occupation:
Administration Supervisor
KMHC\Domestic Agreement.doc
- 38 -
SIGNED by Andreas Mueller
)
for and on behalf of
)
THROUGH TRANSPORT MUTUAL
)
INSURANCE ASSOCIATION (EURASIA) )
LTD
)
th
on 14 March, 2003
)
and delivered on the same date:
)
in the presence of:
)
(sd. Andreas Mueller)
Authorised Officer
Witness:
(sd. Suen Kit Fong, Sarina)
Name:
Suen Kit Fong, Sarina
Address:
Suite 1201-4, Sino Plaza, 255-257 Gloucester Road
Causeway Bay, Hong Kong
Occupation:
Regulatory Officer
SIGNED by Hui Shu Tong Ralph
for and on behalf of
TUGU INSURANCE COMPANY,
LIMITED
on 27th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Hui Shu Tong Ralph)
Authorised Officer
Witness:
(sd. Law Shek Hoo)
Name:
Law Shek Hoo
Address:
44/F., Office Tower, Convention Plaza
1 Harbour Road, Wanchai, Hong Kong
Occupation:
Insurance
KMHC\Domestic Agreement.doc
- 39 -
SIGNED by Lui Wai Kwong
for and on behalf of
UNITED BUILDERS INSURANCE
COMPANY, LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Lui Wai Kwong)
Authorised Officer
Witness:
(sd. Lai Kar Tai, Alex)
Name:
Lai Kar Tai, Alex
Address:
10/F., Golden Star Building
20-26 Lockhart Road, Wanchai, Hong Kong
Occupation:
Senior Manager
SIGNED by Lau Ki Chit and
David Chan Mun Wai
for and on behalf of
UOB INSURANCE (H.K.) LTD
on 6th March, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Lau Ki Chit and
David Chan Mun Wai)
Authorised Officer
Witness:
(sd. Chan Wai Yee)
Name:
Chan Wai Yee
Address:
16/F., Worldwide House
19 Des Voeux Road Central, Hong Kong
Occupation:
Secretary
KMHC\Domestic Agreement.doc
- 40 -
SIGNED by Tong Lai Hing
for and on behalf of
WING HANG ZURICH INSURANCE
COMPANY LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Judith Wong)
Name:
Judith Wong
Address:
16/F., Cityplaza 3, Taikoo Shing
Quarry Bay, Hong Kong
Occupation:
Secretary
SIGNED by Michael Po-ko Wu and
Patrick Po-kong Wu
for and on behalf of
WING LUNG INSURANCE COMPANY
LIMITED
on 25th February, 2003
and delivered on the same date:
in the presence of:
Witness:
(sd. Kei-yuen Pun)
Name:
Kei-yuen Pun
Address:
45 Des Voeux Road Central
Hong Kong
Occupation:
Chief Executive
KMHC\Domestic Agreement.doc
)
)
)
)
)
)
)
)
- 41 -
(sd. Tong Lai Hing)
Authorised Officer
(sd. Michael Po-ko Wu and
Patrick Po-kong Wu)
Authorised Officer
SIGNED by Hans Peter Naef
for and on behalf of
WINTERTHUR INSURANCE SERVICES
ASIA LTD
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
Witness:
(sd. Paulina Fung)
Name:
Paulina Fung
Address:
6308 Central Plaza, 18 Wanchai
Hong Kong
Occupation:
Executive Assistant
SIGNED by Chan Wing Keung, Philip
for and on behalf of
XL INSURANCE COMPANY LIMITED
on 28th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
(sd. Hans Peter Naef)
Authorised Officer
(sd. Chan Wing Keung, Philip)
Authorised Officer
Witness:
(sd. Leung Wai Kwan)
Name:
Leung Wai Kwan
Address:
1808, Dah Sing Financial Centre
108 Gloucester Road, Wanchai, Hong Kong
Occupation:
General Manager
KMHC\Domestic Agreement.doc
- 42 -
SIGNED by Peter Erich Schelling
for and on behalf of
ZURICH INSURANCE COMPANY
(ASIA) LIMITED
on 24th February, 2003
and delivered on the same date:
in the presence of:
)
)
)
)
)
)
)
(sd. Peter Erich Schelling)
Authorised Officer
Witness:
(sd. Ma Yim Ling)
Name:
Ma Yim Ling
Address:
1602, Block F, Tak Bo Garden, Kowloon
Occupation:
Personal Assistant to CEO
KMHC\Domestic Agreement.doc
- 43 -
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