Hong Kong Ordinances

SECURITY AND GUARDING SERVICES ORDINANCE - SECT 14

Application for and issue of permit

PART III

PERMITS

(1) An application for a permit shall be made to the Commissioner in such form
and manner as the Authority may specify and shall be accompanied by a
statement in writing containing such particulars in respect of the application
as may be prescribed or as, in any particular case, the Commissioner may
require.

(2) A prescribed fee shall be paid by an applicant in respect of his
application and, where appropriate, in respect of the issue of a permit to
him.

(3) A permit shall not be issued to a body of persons, whether corporate or
unincorporate.

(4) If the Commissioner has reason to believe that an applicant has at any
time been convicted of an offence but the applicant denies this, the
Commissioner may refuse to consider the application further unless the
applicant submits to all such steps as are reasonably necessary for the taking
and recording of such of the applicant's fingerprints as the Commissioner may
require; but if the Commissioner establishes from such fingerprints that the
applicant has not been convicted of any offence, the Commissioner shall
destroy or return to the applicant all photographs, copies and other records
of those fingerprints.

(5) Subject to subsections (1), (2), (3) and (4), where the Commissioner is
satisfied that an applicant is a fit and proper person to do a type of
security work, the Commissioner-

   (a)  shall, if the applicant satisfies the criteria specified under
        section 6(1)(b)(i) in relation to security work of that type, issue a
        permit to the applicant;

   (b)  may, if the applicant does not satisfy those criteria, refer the
        application to the Authority and, if the Authority approves the
        application, the Commissioner shall issue a permit to the applicant.

(6) A permit in respect of any type of security work shall-

   (a)  be subject to the conditions specified under section  6 (1)(b)(ii) in
        relation to security work of that type and such other conditions (if
        any) as the Commissioner may specify;

   (b)  be in the prescribed form;

   (c)  specify the conditions, including any relevant conditions specified
        under section 6(1)(b)(ii), subject to which it is issued;

   (d)  not be assignable or transmissible in any way (including on the death
        of the holder); and

   (e)  be valid for 5 years, or such shorter period as the Commissioner may
        specify, beginning on the date on which it was issued.

(7) Without prejudice to the generality of subsection (6)(a), the conditions
of a permit that the Commissioner may specify include conditions-

   (a)  limiting the type of security work for which the permit is valid;

   (b)  limiting the geographical area within which the holder of the permit
        may do security work;

   (c)  prohibiting the holder of the permit from wearing a uniform, or
        permitting him to wear a uniform of such type or pattern as the
        Commissioner may specify; and

   (d)  requiring the holder of the permit to notify the Commissioner of any
        criminal proceedings instituted against the holder of the permit.
        (Enacted 1994)