Hong Kong Ordinances

SECURITY AND GUARDING SERVICES ORDINANCE - SECT 20

Investigation of application for licence

(Past version on 30/06/1997).

(1) Where an application is made for a licence, the applicant shall at the
same time send a copy of the application to the Commissioner, and the
Commissioner may cause an investigation to be carried out in respect of the
application for the purpose of determining whether, in the opinion of the
Commissioner, there are grounds for objecting to the application.

(2) For the purpose of carrying out an investigation under this section, the
Commissioner may in writing require the applicant to produce for inspection
such books, records or documents or to furnish such information relating to
the application or any business carried on or intended to be carried on by it
as the Commissioner may specify.

(3) In respect of an application for a licence, no step shall be taken by the
Authority before-

   (a)  the date immediately following the end of a period of 60 days, or of
        such longer period as the Authority may specify in the particular case
        under subsection (7), after the day on which the application was made;
        or (Amended 25 of 2000 s. 13)

   (b)  the date on which the Commissioner notifies the Authority that any
        investigation carried out under this section in respect of the
        application has been completed,
whichever is the earlier (in this section referred to as "the material date"
(有關日期)).

(4) Where the Commissioner intends to object to an application for a licence,
he shall, within a period of 7 days beginning on the material  date, serve
notice on the Authority of his intention to object and of the grounds of such
objection, and he shall send a copy to the applicant. (Amended 25 of 2000 s.
13)

(5) Where the Commissioner has served a notice of his intention to object to
the application under subsection (4), the Secretary shall, within 7 days after
the service of the notice, fix a date for the hearing of the application.
(Replaced 25 of 2000 s. 13)

(5A) Where the Commissioner-

   (a)  has, before the expiry of the period specified in subsection

(4), notified the Authority in writing that he does not intend to object to
the application; or

   (b)  has, on the expiry of the period specified in subsection (4), neither
        served a notice of his intention to object to the application under
        that subsection nor given the notification under paragraph (a), the
        Secretary shall, in order that the application may be determined by
        the Authority by circulation of papers in accordance with section 5A,
        circulate papers relevant to the application to members of the
        Authority. (Added 25 of 2000 s. 13)

(5B) Upon circulation of papers under subsection (5A)-

   (a)  if a requisition notice is given, the Secretary shall forthwith fix a
        date for the hearing of the application;

   (b)  if no requisition notice is given and the Authority resolves to grant
        the application in accordance with section 5A within 28 days after
        the material date, the resolution shall be as valid and effectual as
        if it were a determination made by the Authority after a hearing;

   (c)  if no requisition notice is given but no resolution under paragraph
        (b) has been approved, the Secretary shall forthwith fix a date for
        the hearing of the application. (Added 25 of 2000 s. 13)

(5C) The Secretary shall give at least 14 days' notice of the date fixed under
subsection (5) or (5B) to the Commissioner and the applicant. (Added 25 of
2000 s. 13)

(6) An applicant for a licence may, before the application is determined,
amend the application by informing the Authority in writing of the amendment
and at the same time sending a copy of the amendment to the Commissioner; but
where such an amendment is made, the material date in relation to that
application shall, for the purposes of subsections (3),

(4) and (5B), be- (Amended 25 of 2000 s. 13)

   (a)  the date immediately following the end of a period of 60 days, or of
        such longer period as the Authority may specify in the particular case
        under subsection (7), after the day on which the Authority was so
        informed; or (Amended 25 of 2000 s. 13)

   (b)  the date after the Authority was so informed on which the Commissioner
        notifies the Authority that any investigation carried out under this
        section in respect of that application has been completed, whichever
        is the earlier.

(7) Before the 60 days' period under subsection (3)(a) or (6)(a) expires or
(where a longer period has been specified under this subsection) before the
longer period expires, the Commissioner or the applicant may request the
Authority to make a specification for the purposes of subsection (3)(a) or
(6)(a). The Authority may-

   (a)  upon the request, specify a period if the Authority considers it
        appropriate to do so;

   (b)  exercise the power under paragraph (a) at most twice in respect of a
        particular application and may-

        (i)    for the first time, specify a period not longer than 90 days;

        (ii)   for the second time, specify a period not longer than 120 days,
               beginning on the day after the application was made or the
               Authority was informed of the amendment (as the case may be),
               and where a period is so specified the Secretary shall give
               notice in writing of the specification to the applicant and the
               Commissioner. (Added 25 of 2000 s. 13) (Enacted 1994)