Laws of the People's Republic of China

(Effective Date 1983.09.01)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II CONCLUSION, ALTERATION AND ASSIGNMENT OF CONTRACT OF

INSURANCE

CHAPTER III OBLIGATIONS OF THE INSURED

CHAPTER IV THE LIABILITY OF THE INSURER FOR COMPENSATION

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   ARticle 1. The Regulations of the People's Republic of China on Contracts of Property Insurance are drawn up in accordance with relevant provisions of the Economic Contract Law of the People's Republic of China.

   Article 2. The property insurance referred to in the present Regulations includes various kinds of insurance on either property or interest as the subject matter of insurance, such as property insurance, agricultural insurance, liability insurance, surety bond, credit insurance etc.

The event mentioned in the present Regulations refers to and event coming within the scope of cover under the contract of insurance.

   Article 3. An applicant for cover of property insurance (called the Insured in the policy or the certificate of insurance) shall be owner or the operating manager of the insured property or a person who has an insurable interest in the subject matter insured. In applying to the Insurer for the conclusion of a contract of insurance, the applicant shall be obligated to pay the insurance premium.

   Article 4. The parties to the contract of insurance applying to the organ for control of contracts for reconciliation or arbitration in accordance with the provisions of Article 50 of the Economic Contract Law of the People's Republic of China shall make their submission within a period of one year from the date on which the incidence of an insured event is known or ought to be known by them.

CHAPTER II CONCLUSION, ALTERATION AND ASSIGNMENT OF CONTRACT OF INSURANCE

   Article 5. A contract of insurance shall be deemed to be concluded when the applicant puts forward his proposal for insurance by filling in an application and agrees with the Insurer on the method of payment of insurance premium and when the Insurer signifies acceptance of the said application form by affixing his seal thereto. The Insurer shall issue a policy or a certificate of insurance to the applicant in good time in accordance with the contract of insurance.

   Article 6. An applicant may conclude an open cover with the Insurer, and the Insurer shall, in witness thereof issue an open policy to the applicant according to the contract of insurance.

The open cover shall stipulate the scope of cover, the range of property insured, the maximum amount of insurance each risk or at each place and the method of settling premium, etc.

During the currency of the open cover, the insured shall declare to the Insurer in writing, in good time each and every risk falling within the scope of the open cover according to the stipulations. The Insurer shall treat each written declaration by the Insured as a part of the open cover and shall be liable therefor in accordance with the contract of insurance. The Insurer shall be entitled to verify the contents of the declarations, and in case of any omission, the Insured shall rectify it by filing the omitted declaration or declarations. The Insured may ask the Insurer to issue a separate policy for any one risk declared.

   Article 7. At the time a contract of insurance is concluded, the Insurer shall advise the Insured of all matters related to the way of effecting insurance, and the Insured shall, as required by the Insurer, disclose all material circumstances which the Insurer requires to know in deciding whether or not to accept the risk or the premium to be charged.

Should, after the conclusion of the contract of insurance, there be any non-disclosure, concealment or misrepresentation by the Insured of the material circumstances mentioned in the preceeding paragraph the Insurer shall be entitled to rescind the contract of insurance or disclaim liability.

   Article 8. The Insurer shall not be liable for any loss of or damage to the insured property in consequence of an insured event caused by any intentional act of the Insured.

   Article 9. The contents of a contract of insurance may be altered by agreement between the Insured and the Insurer during the currency thereof. Any agreement on the alteration of the contract of insurance shall be certified to by the Insurer by endorsing the policy or the certificate of insurance or by affixing an endorsement thereto.

   Article 10. Once a contract of insurance is concluded, the Insurer shall not terminate it during its currency. In case the contract of insurance is terminated by the Insurer prior to its expiry pursuant to law or to the agreement of the contract of insurance, the premium to be calculated pro rata daily for the unexpired period shall be refunded to the Insured.

When the contract is terminated at the request of the Insured, the Insurer shall be entitled to charge the premium calculated on the basis of the short period rating schedule set by the State Insurance Supervisory Authority for the time the contract has been in force, and refund to the Insured the premium paid by him.

In no case can the insured ask for termination of cargo transportation insurance and insurance on conveyances for voyages once they commence and for refund of premium, unless otherwise stipulated in the contract of insurance.

   Article 11. With the exception of the cargo transportation policy or certificate of insurance which may be transferred by the Insured by endorsement without the necessity of obtaining the approval of the Insurer the insurance shall terminate at the time of the transfer, assignment or sale of the subject-matter insured unless prior written notice is given to the Insurer and his consent obtained, with the policy or the certificate of insurance duly endorsed.

CHAPTER III OBLIGATIONS OF THE INSURED

   Article 12. The Insured shall pay the insurance premium within the specified time. If he fails to do so, the Insurer may, depending on specific circumstances either require the Insured to pay the premium due with interest or terminate the contract of insurance. In case of termination of the contract, the Insurer shall remain entitled to require the Insured to pay the full amount of the premium in arrears and the interest due hereon before the contract is terminated.

   Article 13. The Insured shall safeguard the safety of workers and the insured property by observing the relevant rules and regulations on fire-fighting, safety, productive operation and labour protection.

The Insurer shall be entitled to make inspections as to the security condition of the insured property, and shall, in case of any potential unsafe factors being discovered, make reasonable recommendation to the Insured in good time for the removal thereof and the Insured shall take measures to eliminate them without delay, failing which he shall be liable for any less arising from an insured event caused thereby, and the Insurer shall exenterate himself from liability.

   Article 14. In case of any change in the use of the insured property or increase in the risk exposure, the INsured shall immediately notify the Insurer in writing and shall pay an additional premium according to stipulations when so required. If the Insured fails to do so, the Insurer shall not be held liable for any loss arising from an insured event resulting therefrom.

   ARticle 15. Upon the incidence of an insured event, the Insured shall take all necessary measures to prevent aggravation of the loss and shall notify the Insurer immediately of full details of the event. If the Insured fails to take such measures, the Insurer shall be entitled to repudiate liability for any loss so aggravated.

CHAPTER IV THE LIABILITY OF THE INSURANCE OR COMPENSATION

   Article 16. The Insurer shall, in accordance with the stipulations of the contract of insurance perform the obligation of compensating for loss of or damage to the subject matter insured or for liability caused by or arising from an insured event.

Unless otherwise agreed, the liability of the Insurer for compensation is for loss or damage actually suffered by the Insurer at the time of an insured event subject to a maximum not exceeding the insured amount of the subject-matter insured. If there are separate items with separate insured amounts the insurer's maximum liability shall not exceed the insured amount of each item of the subject-matter insured.

In compensating for loss of or damage to the insured property, the Insurer shall deduct from the amount of compensation the salvage value of such property and the amount recovered by the Insured from third parties.

   Article 17. The Insurer will according to the stipulations of the contract of insurance be liable for reasonable costs necessarily incurred by the Insured for salving, safeguarding, reconditioning or litigation to mitigate a loss within the scope of cover and for reasonable expenses incurred for inspecting, assesing or selling of the damaged subject-matter insured for the purpose of ascertaining the loss falling under the scope of cover, provided that such costs and expenses shall not exceed the sum insured.

   Article 18. The Insured shall when lodging a claim submit to the Insurer a statement of claim and statements for salvage charges, etc. as well as necessary accounts, vouchers and documentary evidence. Upon receipt of the documents for such claim, the Insurer shall decide whether or not to admit liability, and where an agreement on the amount payable is reached with the Insured, shall effect payment within ten days from the date of such agreement. In case of failure to pay within the prescribed time, the Insurer shall be liable for breach of the contract and subject to a penalty commencing from the eleventh day following the date on which the amount of indemnity is determined, according to the interest rate then prevailing for short term loans to enterprises as set by the People's Bank of China.

   Article 19. If the insured property sustains a loss within the scope of cover for which a third party shall be held liable, the Insured shall file a claim with such third party. The Insurer may make compensation in advance according to the provisions of the contract if the Insured claims against him, in such case, however, the Insured shall subrogate to the Insurer the right of recovery against the third party and assist the latter in pursuing such recovery.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 20. The Present Regulations shall apply to contracts of insurance concluded between the Insurer and individuals.

   Article 21. The Present Regulations shall apply to contract of insurance on property involving foreign elements.

   Article 22. Unless otherwise stipulated by The Law, the present Regulations shall apply to contracts of marine insurance.

   Article 23. The present Regulations comes into force on the day of promulgation.