Singapore legislation

Section 11

of Private Security Industry Act

Section 11

Approvals required for certain security assignments

(1)

A person (whether or not a licensed private investigation agency) shall not —

(a)

accept any engagement to supply the services of a private investigator, or a licensed private investigator employed by the person; or

(b)

deploy any licensed private investigator employed by the person,to carry out any security assignment referred to in subsection (2) except with the prior written approval of the licensing officer.

(2)

In this section, “security assignment” means —

(a)

any engagement by a government of any country other than Singapore, or of an agency of such government, for the services of a private investigator;

(b)

any activity which involves the gathering of information on or surveillance of any individual who is —

(i)

a political figure;

(ii)

the representative in Singapore of the government of another country or territory other than an honorary representative;

(iii)

a consul or trade commissioner of another country or territory other than an honorary consul or trade commissioner;

(iv)

a member of the official staff of a foreign diplomatic mission or foreign consulate in Singapore; or

(v)

a member of the family of a person covered by sub-paragraph (i), (ii), (iii) or (iv), where the family member is part of the person’s household;

(c)

any activity which involves the gathering of information on or surveillance of any of the following premises in Singapore or part thereof or any person residing or working therein:

(i)

any protected area or protected place within the meaning of the Protected Areas and Protected Places Act (Cap. 256);

(ii)

any foreign diplomatic mission or foreign consulate in Singapore;

(iii)

any building or part of a building that is owned or occupied by or on behalf of the Government;

(iv)

any authorised point of entry or authorised point of departure within the meaning of the Immigration Act (Cap. 133);

(v)

any private school which does not receive a grant from the Government and provides full-time primary, secondary or pre-tertiary education or all to pupils most of whom are neither citizens nor permanent residents of Singapore, and includes any hostel, dormitory or other rooms or premises provided for the housing or lodging of some or all of the pupils of that school out of school hours, whether or not the hostels, dormitories or other rooms or premises are in or part of the same building or group of buildings as the classrooms; or

(vi)

any other premises which are declared by the Minister, by order published in the Gazette, to be premises for the purposes of this section; or

(d)

any other activity which the Minister may prescribe being an activity which is not in the public interest or may pose a threat to national security if carried out by any licensed private investigator or licensed private investigation agency.

(3)

A licensed private investigator shall not perform any security assignment where he knows or ought reasonably to know that no prior approval as required by subsection (1) has been obtained from the licensing officer to do so.

(4)

Any person who contravenes subsection (1) or (3) 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.

(5)

It shall be a defence if a person charged with an offence of contravening subsection (1) in relation to a security assignment concerning any individual referred to in subsection (2)(b), proves that the person did not know, and could not reasonably be expected to have known, that the individual is an individual referred to in subsection (2)(b).

(6)

An application for approval under subsection (1) 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.

(7)

At the request of the licensing officer, the applicant shall provide any further information or evidence as the licensing officer may require to decide the application.

(8)

Upon receipt of an application for approval under subsection (1), the licensing officer may —

(a)

grant the approval, with or without conditions; or

(b)

refuse approval.

(9)

A person who has obtained an approval from the licensing officer shall immediately inform the licensing officer of any change in any information supplied to the licensing officer for the purpose of obtaining the approval.

(10)

The licensing officer may extend any validity period specified in an approval upon an application by the person to whom the approval is granted.

(11)

The licensing officer may, at any time, revoke any approval that has been granted under subsection (1) in respect of a security assignment that is specified in the approval, if the licensing officer —

(a)

is of the view that due to any change in the circumstances after granting the approval, the continued provision of the services of a private investigator in connection with that security assignment is not in the public interest or may pose a threat to national security; or

(b)

is satisfied that any condition imposed by him in granting that approval has not been complied with.

(12)

If the licensing officer revokes any approval that has been granted in respect of a security assignment, and the person to whom the approval had been granted continues —

(a)

to supply the services of a private investigator, or a licensed private investigator employed by the person; or

(b)

to deploy any licensed private investigator employed by the person,to carry out that security assignment, that person 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.

Section 11 — Private Security Industry Act | laws.sg