Singapore legislation
Section 14
Section 14
Suspension or revocation, etc., of licence
(1)
Subject to subsection (3), if the Commissioner is satisfied that —
a licensed operator is contravening or not complying with, or has contravened or failed to comply with —
any of the conditions of the licence or any code of practice or standard of performance applicable to the licensed operator; or
any provision of this Act applicable to the licensed operator,whether or not the licensed operator has been convicted of an offence for the contravention or non‑compliance;
the continued use of the boarding premises as a foreign employee dormitory under the licence would constitute an unacceptable risk to the safety, welfare or wellbeing of residents at those premises;
the licensed operator has not complied with any compliance directive or business restriction directive, whether or not the licensed operator has been convicted of an offence under section 13(6) or 15(3), as the case may be;
the licensed operator has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
the licensed operator has made any assignment to, or composition with, any creditor of the licensed operator; or
the public interest or security of Singapore requires,the Commissioner may take any regulatory action described in subsection (2).
(2)
The regulatory actions that the Commissioner may take against a licensed operator are —
revoke (without compensation) the licensed operator’s licence, with or without forfeiting any performance bond, guarantee or other form of security furnished under paragraph (b)(iv) or section 11(2)(e); or
in lieu of revoking the licence, any one or more (without compensation) of the following:
issue a letter of censure to the licensed operator;
modify the conditions of the licensed operator’s licence;
give a business restriction directive to the licensed operator;
require the licensed operator to furnish a performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security;
forfeit the whole or part of any performance bond, guarantee or other form of security furnished under sub‑paragraph (iv) or section 11(2)(e);
suspend (for not more than 6 months) the licensed operator’s licence.
(3)
Before exercising any powers under this section, the Commissioner must give written notice to the licensed operator concerned —
stating that the Commissioner intends to take regulatory action against the licensed operator under this section;
specifying the type of action the Commissioner proposes to take, and each instance of non‑compliance that is the subject of the action; and
specifying the time (being at least 14 days after the date of service of notice on the licensed operator) within which written representations may be made to the Commissioner with respect to the proposed action.
(4)
The Commissioner may —
after considering any written representation made in accordance with subsection (3); or
after the time delimited under subsection (3)(c) lapses if no representation is so made,decide to take the regulatory action in subsection (2) that the Commissioner considers appropriate.
(5)
Where the Commissioner has made any decision under subsection (4) against any licensed operator, the Commissioner must serve on the licensed operator concerned a notice of his or her decision.
(6)
Subject to section 22(7), a decision to revoke a licence, or to impose a regulatory action in subsection (2)(b) that is specified in the notice given under subsection (5), is to take effect from the date on which that notice is given, or on any other date that may be specified in the notice.
(7)
The revocation or suspension of any licence does not prejudice the enforcement by any person of any right or claim against the licensed operator or former licensed operator concerned, or by the licensed operator or former licensed operator of any right or claim against any person.
(8)
In any proceedings under this section in relation to the conviction of a licensed operator for a criminal offence, the Commissioner is to accept the licensed operator’s conviction as final and conclusive.