Hong Kong Ordinances

SECURITY AND GUARDING SERVICES ORDINANCE - SECT 24

Application by the Commissioner for variation of conditions of licence

(Past version on 30/06/1997).

(1) The Commissioner may apply to the Authority for a variation of the
conditions of a licence and shall at the same time send a copy of the
application to the licensee. (Replaced 25 of 2000 s. 17)

(1A) Where the licensee intends to object to an application under subsection
(1), the licensee shall, within 30 days after the day on which the application
was made, 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 Commissioner.
(Added 25 of 2000 s. 17)

(1B) Where the licensee has served a notice of its intention to object to the
application under subsection (1A), the Secretary shall, within 7 days after
the service of the notice, fix a date for the hearing of the application.
(Added 25 of 2000 s. 17)

(1C) Where the licensee has, before the expiry of the period specified in
subsection (1A), notified the Authority in writing that it
does not intend to object to the application ("no-objection notification"),
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; and-

   (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
        day on which the Authority receives the no-objection notification, 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. 17)

(1D) If at the expiry of the period specified in subsection (1A) the licensee
has neither served a notice of his intention to object to the application
under that subsection nor given the no-objection notification, the Secretary
shall, within 7 days after that expiry, fix a date for the hearing of the
application. (Added 25 of 2000 s. 17)

(1E) The Secretary shall give at least 14 days' notice of the date fixed under
subsection (1B), (1C) or (1D) to the Commissioner and the licensee. (Added 25
of 2000 s. 17)

(2) After an application has been made under subsection (1), the Authority or
any member of the Authority authorized by the Authority to do so may, by
notice in writing to the Commissioner and to the licensee, vary the conditions
of the licence pending determination of the application. (Replaced 25 of 2000
s. 17)

(3) The licensee and the Commissioner may appear and be heard and be legally
represented at the hearing of an application under this section.

(4) On an application under this section the Authority may, if it thinks fit,
vary the conditions of the licence. (Enacted 1994)