Commercial and Industrial Security Corporation (Amendment) Act 1996

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 14]

Friday, May 3

[1996

The following Act was passed by Parliament on 27th February 1996 and assented to by the President on 12th March 1996:—

Commercial and Industrial Security Corporation (Amendment) Act 1996

(No. 13 of 1996)

I assent.

ONG TENG CHEONG

President

12th March 1996.

Date of Commencement: 1st June 1996

An Act to amend the Commercial and Industrial Security Corporation Act (Chapter 47 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Commercial and Industrial Security Corporation (Amendment) Act 1996 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Commercial and Industrial Security Corporation Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately above the definition of “Chairman”, the following definition:

“ “auxiliary police force” means the auxiliary police force established by the Corporation under section 12;”.

(b)

by inserting, immediately after the definition of “Chairman”, the following definition:

“ “Commandant” means the Commandant of the auxiliary police force appointed by the Corporation under section 12(2);”.

Amendment of section 4

3. Section 4 (1) of the principal Act is amended —

(a)	by deleting the colon in the third line and substituting a full-stop; and
(b)	by deleting the proviso.

Repeal and re-enactment of section 7

4. Section 7 of the principal Act is repealed and the following section substituted therefor:

“Functions and powers of Corporation

7.—(1) The functions of the Corporation shall be —

(a)	to provide guards and escorts for the protection of persons and property;
(b)	to provide such other security services as the Corporation may determine; and
(c)	to assist the Singapore Police Force in the maintenance of law and order and any department of the Government and statutory board in the discharge of their duties and functions under any written law.

(2) The Corporation shall have power to do anything for the purpose of the discharge of its functions under this Act or which is incidental or conducive to the discharge of those functions and in particular, but without prejudice to the generality of the foregoing, may —

(a)	at the request of the Commissioner, any department of the Government or statutory board, carry out such functions and duties of the Singapore Police Force, department of the Government or statutory board;
(b)	act in combination or association with other persons or organisations for the discharge of any of its functions;
(c)	promote the carrying on of any activities for the discharge of its functions by other persons or organisations;
(d)	purchase, lease or obtain by exchange or other means any land and premises required for the discharge of its functions under this Act;
(e)	enter into any contract;
(f)	receive for services rendered by the Corporation commissions, fees and other payments;
(g)	with the written approval of the Minister, form or participate in the formation of a company or companies or enter into any joint venture or partnership in Singapore or elsewhere;
(h)	with the written approval of the Minister, subscribe to stocks, shares, bonds or debentures of a company or corporation;
(i)	with the written approval of the Minister, grant loans to any company in which the Corporation or any of its subsidiary companies holds any shares;
(j)	provide training for persons employed whether by the Corporation or otherwise for the provision of security services, and training for guard dogs and other animals;
(k)	provide consultancy services on all matters relating to security including fire safety and computer security systems;
(l)	supply, install and maintain security systems including fire safety and computer security systems;
(m)	grant loans to the employees and officers of the Corporation for any purposes specifically approved by the Corporation;
(n)	award scholarships and study grants to the employees of the Corporation including prospective employees of the Corporation;
(o)	provide recreational facilities for the employees and officers of the Corporation; and
(p)	carry on all such other activities as may appear to the Corporation necessary, advantageous or convenient for it to carry on for or in connection with the discharge of its functions under this Act.”.

New section 8A

5. The principal Act is amended by inserting, immediately after section 8, the following section:

“Minister may give directions to Corporation

8A.—(1) The Minister may, after consultation with the Corporation, give such directions, not inconsistent with the provisions of this Act, to the Corporation as to the exercise and performance by the Corporation of its functions and powers and the Corporation shall give effect to any such directions.

(2) The Corporation shall furnish the Minister with such information or facilities for obtaining information with respect to its functions and activities as the Minister may from time to time require.”.

Repeal and re-enactment of section 9

6. Section 9 of the principal Act is repealed and the following section substituted therefor:

“Appointment of chief executive officer

9.—(1) The Corporation shall, with the approval of the Minister, appoint a chief executive officer who shall be known by such designation as the Corporation may determine.

(2) The chief executive officer shall, subject to the directions of the Corporation on matters of policy, be charged with the direction of the business of the Corporation, its administration and organisation and the administrative control of its employees.

(3) In the event of the absence or incapacity of the chief executive officer, another person may be appointed by the Corporation to discharge his duties during the period of his absence or incapacity.”.

Repeal and re-enactment of section 12

7. Section 12 of the principal Act is repealed and the following section substituted therefor:

“Auxiliary police force

12.—(1) The Corporation may, after consulting the Commissioner and subject to the provisions of this Act, establish an auxiliary police force which shall consist of officers and employees who are employed by the Corporation.

(2) The Corporation may, after consulting the Commissioner, appoint a Commandant for the auxiliary police force who shall be responsible for the command, direction and administration of the auxiliary police force.

(3) The members of the auxiliary police force shall be organised in ranks similar to but not necessarily identical to those of the Singapore Police Force, and shall be subject to the authority of the Commissioner for the maintenance of law and order, the preservation of public peace and the prevention and detection of crime subject to such directions as may be issued by the Commissioner from time to time.

(4) The members of the auxiliary police force shall also carry out such other duties as are directed by the Commandant for the purpose of enabling the Corporation to discharge its functions under this Act.

(5) The Commissioner shall issue a warrant card to every member of the auxiliary police force and the warrant card shall be evidence of his appointment.

(6) Every member of the auxiliary police force shall have the powers, protection and immunities of a police officer of corresponding rank.

(7) Section 21 of the Police Force Act [Cap. 235] shall apply to members of the auxiliary police force in the like manner as it applies to police officers except that members of the auxiliary police force shall not be precluded from making representations of the nature mentioned in subsection (1) of that section to the Corporation.

(8) Upon the dismissal of any member of the auxiliary police force by the Corporation, the Commissioner shall cancel the warrant card of such member, who shall thereupon cease to be an auxiliary police officer and shall return the warrant card to the Commissioner.

(9) Upon the resignation of any member of the auxiliary police force from the service of the Corporation, the member shall return his warrant card to the Commissioner, and shall thereupon cease to be an auxiliary police officer.

(10) Notwithstanding subsections (8) and (9), the Commissioner may, after prior notice to the Corporation, at any time in his discretion cancel the warrant card issued to any member of the auxiliary police force, who shall thereupon cease to be an auxiliary police officer.

(11) Any act done or omitted to be done by any member of the auxiliary police force shall be deemed to be an act done or omitted to be done in the course of his employment by the Corporation and the Government shall not be liable for any act done or omitted to be done by any such member.”.

Repeal and re-enactment of section 22

8. Section 22 of the principal Act is repealed and the following section substituted therefor:

“Annual report

22.—(1) The Corporation shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Corporation during the preceding financial year and containing such information relating to the proceedings and policy of the Corporation as the Minister may from time to time direct.

(2) The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.”.

New section 22A

9. The principal Act is amended by inserting, immediately after section 22, the following section:

“Corporation’s symbol

22A.—(1) No person shall use the word “CISCO” without the written approval of the Corporation and the Corporation may, in granting any permission to any person to use that word, impose such conditions as it considers fit.

(2) The Corporation shall have the exclusive right to the use of the symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs.

(3) Any person who —

(a)	without the written permission of the Corporation, uses the word “CISCO”; or
(b)	uses a symbol identical with, or which so resembles, any of the Corporation’s symbols as to or be likely to deceive or cause confusion,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) Nothing in this section shall be construed to authorise the Corporation to use any symbol which any person has acquired the exclusive right to use the same under the Trade Marks Act [Cap. 332] or otherwise. ”.

Amendment of section 23

10. Section 23 (1) of the principal Act is amended —

(a)

by deleting paragraph (d);

(b)

by re-lettering paragraphs (e) and (f) as paragraphs (d) and (e), respectively, and by inserting immediately thereafter the following paragraphs:

“(f)	the uniform of and equipment to be carried by members of the auxiliary police force;
(g)	the arms and ammunition to be carried by members of the auxiliary police force; and”; and

(c)

by re-lettering the existing paragraph (g) as paragraph (h).

Amendment of Schedule

11. The Schedule to the principal Act is amended —

(a)

by inserting, immediately after paragraph 2, the following paragraph:

“2A. A person shall not be qualified for appointment as an auditor under paragraph 2 unless he is an approved company auditor under the Companies Act [Cap. 50].”; and

(b)

by deleting paragraphs 5, 6 and 7 and substituting the following paragraphs:

“5. The Auditor shall in his report state —

“(a)	whether the financial statements show fairly the financial transactions and the state of affairs of the Corporation;
(b)	whether proper accounting and other records have been kept, including records of all assets of the Corporation whether purchased, donated or otherwise;
(c)	whether the receipt, expenditure and investment of moneys and the acquisition and disposal of assets by the Corporation during the financial year were in accordance with the provisions of this Act; and
(d)	such other matters arising from the audit as he considers necessary.

6. The Auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Corporation. He shall also submit such periodical and special reports to the Minister and to the Corporation as may appear to him to be necessary or as the Minister or the Corporation may require.”; and

(c)

by deleting paragraph 11 and substituting the following paragraph:

“11. Any person who fails, without reasonable cause, to comply with any requirement of the Auditor or any duly authorised person under paragraph 10 or who otherwise hinders, obstructs or delays the Auditor or any duly authorised person in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.”.

Savings

12.—(1) Upon the date of commencement of this Act, the Commercial and Industrial Security Corporation Auxiliary Police Force which was created under the Police Force Act [Cap. 235] shall be deemed to be an auxiliary police force established by the Corporation under section 12 of the principal Act and every person who immediately before such date was serving in that auxiliary police force shall be deemed to be transferred to and become, with the same rank, grade and seniority immediately before such transfer, a member of the auxiliary police force established by the Corporation under section 12 of the principal Act which comes into force upon the commencement of this Act.

(2) Until rules are made by the Corporation under section 23 of the principal Act, the Auxiliary Police Regulations made under the Police Force Act [Cap. 235, Rg 2] shall continue to apply to the auxiliary police force established by the Corporation as if they are rules made by the Corporation under section 23(1) of the principal Act.

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