PART V | Grant and renewal of licence |
21.—(1) An application for a licence shall —| (a) | be made to the licensing officer in such form or manner as the licensing officer may require; and | | (b) | be accompanied by —| (i) | such particulars, information and documents as the licensing officer may require; and | | (ii) | the prescribed fee, if any. |
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| (2) An applicant for a licence shall, at the request of the licensing officer, provide any further information or evidence that the licensing officer may require to decide the application. |
(3) Upon receipt of an application under subsection (1), the licensing officer may —| (a) | grant the licence applied for, with or without conditions; or | | (b) | refuse the application. |
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(4) Subject to the provisions of this Act, a person who applies to be licensed, or to renew his or its licence shall be eligible to be granted a licence or a renewal of the licence if, and only if —| (a) | the applicant has paid the prescribed fees for such licence or its renewal; | | (b) | where the applicant is an individual, he satisfies the licensing officer that he has the qualifications and the practical experience (whether in Singapore or elsewhere) prescribed for that licence; and | | (c) | the applicant satisfies such other requirements as may be prescribed for such licence or its renewal. |
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(5) Without prejudice to subsection (4), the licensing officer may refuse to grant a licence, or to renew a licence of a person if, in the opinion of the licensing officer —| (a) | where the person who applies to be licensed, or to renew his licence is an individual, the person is not a fit or proper person to hold or to continue to hold the licence; | | (b) | where the person who applies to be licensed, or to renew his licence is a business entity, an officer of the business entity is not a fit or proper person; or | | (c) | it is not in the public interest to grant or renew the licence, or the grant or renewal of the licence may pose a threat to national security. |
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| (6) A licence may be renewed upon its expiry, and subsections (1), (2) and (3) shall apply, with the necessary modifications, to an application for the renewal of a licence. |
(7) Any person who, in making an application for a licence —| (a) | makes any statement or furnishes any particulars, information or document which he knows to be false or does not believe to be true; or | | (b) | by the intentional suppression of any material fact, furnishes any information which is misleading in a material particular, |
| 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. |
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(8) In deciding for the purposes of this section whether a person or an officer of a business entity is a fit and proper person, the licensing officer may consider any of the following matters as indicating that the person or officer may not be a fit and proper person:| (a) | that the person or officer associates with a criminal in a way that indicates involvement in an unlawful activity; | | (b) | that in dealings in which the person or officer has been involved, the person or officer —| (i) | has shown dishonesty or lack of integrity; or | | (ii) | used harassing tactics; |
| | (c) | that the person or officer is or was suffering from a mental disorder; or | | (d) | that the person or officer is an undischarged bankrupt or has entered into a composition with his debtors. |
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| (9) Subsection (8) shall not limit the circumstances in which a person or an officer of a business entity may be considered by the licensing officer not to be a fit and proper person. |
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22.—(1) The licensing officer may grant a licence to an applicant subject to such conditions as the licensing officer thinks fit to impose.| (2) The licensing officer may at any time add to, vary or revoke any condition of a licence imposed under subsection (1). |
(3) Before making any modification to the conditions of a licence under this section, the licensing officer shall give notice to the licensee concerned —| (a) | stating that he proposes to make the modification in the manner specified in the notice; and | | (b) | specifying the time (being not less than 14 days from the date of service of notice on the licensee concerned) within which written representations with respect to the proposed modification may be made. |
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| (4) Upon receipt of any written representation referred to in subsection (3)(b), the licensing officer shall consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, shall thereupon issue a direction in writing to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the licensing officer within a reasonable time. |
| (5) A licensee who fails to comply with any licence condition of his or its licence 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. |
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| Form and validity of licence |
23. A licence shall —| (a) | be in such form as the licensing officer may determine; | | (b) | contain the conditions subject to which it is granted; and | | (c) | be valid for such period (not exceeding 5 years) as may be specified therein. |
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| Revocation or suspension of licence |
24.—(1) Subject to subsection (3), the licensing officer may by order revoke any licence if he is satisfied that —| (a) | the licensee has failed to comply with any condition imposed by the licensing officer on his or its licence; | | (b) | the licence had been obtained by fraud or misrepresentation; | | (c) | the licensing officer becomes aware of a circumstance that would have required or permitted the licensing officer to refuse to grant or renew the licensee’s licence, had the licensing officer been aware of the circumstance immediately before the licence was granted or renewed; | | (d) | the licensee has ceased to carry on in Singapore the business or activity for which he or it is licensed; | | (e) | the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; | | (f) | the licensee has been convicted of an offence under this Act; | | (g) | where the licensee is an individual — he is no longer a fit and proper person to continue to hold the licence; | | (h) | where the licensee is a business entity — an officer of the business entity is no longer a fit and proper person; or | | (i) | it is in the public interest to do so. |
(2) Subject to subsection (3), the licensing officer may, in any case in which he considers that no cause of sufficient gravity for revoking any licence exists, by order —| (a) | suspend the licence for a period not exceeding 6 months; | | (b) | censure the licensee concerned; or | | (c) | impose such other directions or restrictions as the licensing officer considers appropriate on the licensee’s business or functions, as a private investigator, private investigation agency, security officer, security agency or security service provider, as the case may be. |
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| (3) The licensing officer shall not exercise his powers under subsection (1) or (2) unless an opportunity of being heard (whether in person or by a representative and whether in writing or otherwise) had been given to the licensee against whom the licensing officer intends to exercise his powers, being a period of not more than 14 days after the licensing officer informs the licensee of such intention. |
| (4) Where the licensing officer has by order revoked a licence under subsection (1) or made any order under subsection (2) in respect of a licensee, he shall serve on the licensee concerned a notice of his order made under those subsections. |
(5) Notwithstanding subsection (3), where a licensee holding a private investigator’s licence or a security officer’s licence has been charged with or convicted of a prescribed offence, being an offence which would make it undesirable in the public interest for the licensee to continue to carry out the functions of a private investigator or security officer —| (a) | the licensing officer may serve on the licensee a notice of immediate suspension of the licence, which shall take immediate effect and shall remain in force until the licensing officer makes an order under subsection (7) and any appeal to the Minister under section 26 against such an order is determined; and | | (b) | the licensee shall, upon a notice being served under paragraph (a) but subject to subsection (7), immediately cease to carry out any function of a private investigator or security officer, as the case may be. |
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| (6) A licensee whose private investigator’s licence or security officer’s licence has been suspended with immediate effect under subsection (5) may, within 14 days after the licensing officer has served the notice of immediate suspension under paragraph (a) of that subsection, apply to the licensing officer to review his decision under subsection (7). |
(7) The licensing officer may, on reviewing his decision, by order —| (a) | revoke the private investigator’s licence or security officer’s licence in question; | | (b) | suspend that private investigator’s licence or security officer’s licence for a period not exceeding 6 months starting from the date of immediate suspension of that licence; or | | (c) | rescind the immediate suspension of that private investigator’s licence or security officer’s licence. |
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| (8) Where the licensing officer has by order revoked or suspended a licence under subsection (7) in respect of a licensee, he shall serve on the licensee concerned a notice of his order made under that subsection. |
| (9) Subject to section 26, an order under subsection (1), (2) or (7)(a) or (b) by the licensing officer revoking or suspending a private investigator’s licence or security officer’s licence shall not take effect until the expiration of 14 days after notice has been served on the licensee under subsection (4) or (8). |
| (10) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the licensing officer shall accept the licensee’s conviction as final and conclusive. |
(11) In deciding for the purposes of this section whether a person or an officer of a business entity is a fit and proper person, the licensing officer may consider any of the following matters as indicating that the person or officer may not be a fit and proper person:| (a) | that the person or officer associates with a criminal in a way that indicates involvement in an unlawful activity; or | | (b) | that in dealings in which the person or officer has been involved, the person or officer —| (i) | has shown dishonesty or lack of integrity; or | | (ii) | used harassing tactics. |
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| (12) Subsection (11) shall not limit the circumstances in which a person or an officer of a business entity may be considered by the licensing officer not to be a fit and proper person. |
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| Effect of revocation or suspension of licence |
25.—(1) Where an order of revocation or suspension of a licence becomes effective —| (a) | the licensing officer shall cause notice of the revocation or suspension to be served on the licensee concerned; and | | (b) | the licensee concerned shall, as from the date of the notice, cease to carry on business or any function as a private investigator, private investigation agency, security officer, security agency or security service provider, as the case may be, in Singapore except to the extent allowed by the licensing officer. |
| (2) Subsection (1)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person. |
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26.—(1) Any person whose application —| (a) | for approval under section 11(1); or | | (b) | for a licence or for the renewal of a licence, |
| has been refused by the licensing officer may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister whose decision shall be final. |
| (2) Where an approval under section 11(1) or a licence is granted or renewed by the licensing officer subject to conditions, the person to whom the approval is granted or the licensee concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister whose decision shall be final. |
| (3) If the licensing officer has made any order under section 24(1), (2) or (7)(a) or (b) in respect of any licensee, the licensee concerned may, within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister shall be final. |
| (4) In any appeal under this section in relation to the conviction of the licensee for a criminal offence, the Minister shall, on appeal from any order of the licensing officer, accept the licensee’s conviction as final and conclusive. |
| (5) Where the licensee concerned has appealed under this section to the Minister against an order by the licensing officer under section 24(1), (2) or (7)(a) or (b), the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn. |
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