13. In this Act, “security officer” means any individual who, for reward, carries out any of the following functions:
(a)
patrolling or guarding another person’s property (including cash in transit) by physical means (which may involve the use of patrol dogs) or by electronic means;
(b)
keeping the property (including cash in transit) of another person under surveillance, including for the purpose of preventing theft thereof;
(c)
acting as a bodyguard or bouncer; or
(d)
in respect of any public place or other premises and as part of his regular duties, performing any function of screening individuals seeking entry thereto.
No person to be security officer without security officer’s licence
14.—(1) No person shall —
(a)
carry out for reward any function of a security officer; or
(b)
advertise, or in any way hold out, that the person carries out or is willing to carry out for reward any function of a security officer,
except under and in accordance with a security officer’s licence granted under this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
No person to supply security officers’ services without security agency’s licence
15.—(1) No person shall —
(a)
engage in the business of supplying, for reward, the services of security officers to other persons; or
(b)
advertise, or in any way hold out, that the person supplies for reward, or is willing to supply for reward, the services of security officers,
except under and in accordance with a security agency’s licence granted under this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Employees who are security officers
16.—(1) No person shall employ another person as a security officer unless the other person is a licensed security officer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) A person (whether or not a licensed security agency) who employs, or is about to employ, as a security officer any person who is a licensed security officer shall —
(a)
before employing the licensed security officer; and
(b)
not later than 14 days after terminating the employment of the licensed security officer,
inform the licensing officer in the prescribed form and manner of the proposed employment or termination of employment, as the case may be.
(4) Where an employer or a former employer of a licensed security officer contravenes subsection (3), the employer or former employer, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Employees who are not security officers
17.—(1) A licensed security agency shall, not later than 14 days after —
(a)
employing any person other than as a security officer, such as secretarial, clerical or other staff of a similar kind, to assist in the business of the security agency; or
(b)
terminating the employment of any such employee referred to in paragraph (a),
inform the licensing officer in the prescribed form and manner of the employment or termination of employment, as the case may be.
(2) If the licensing officer is of the opinion that any person who is employed other than as a security officer by a licensed security agency is not a fit and proper person to be so employed, the licensing officer may —
(a)
give notice of his opinion in writing to the licensed security agency, stating the name of that person; and
(b)
notwithstanding any other law or the provisions of any memorandum or articles of association or other constitution of the licensed security agency, direct the licensed security agency to terminate the employment of the person named in the notice given under paragraph (a).
(3) Any licensed security agency who contravenes subsection (1) or fails to comply with any direction under subsection (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) In deciding for the purposes of subsection (2) whether an employee is a fit and proper person to be employed other than as a security officer by a licensed security agency, the licensing officer may consider the following matters as indicating that the employee may not be a fit and proper person:
(a)
that the employee had on a previous occasion applied for a security officer’s licence or a security agency’s licence, and such application had been refused by the licensing officer;
(b)
that the employee associates with a criminal in a way that indicates involvement in an unlawful activity;
(c)
that in dealings in which the employee has been involved, the employee has shown dishonesty or lack of integrity; or
(d)
that the continued employment of the employee is not in the public interest or may pose a threat to national security.
