Singapore legislation

Clause 21

of Police Force (Amendment) Bill

Clause 21

Repeal and re‑enactment of section 87

Section 87 of the principal Act is repealed and the following section substituted therefor:“Special features of employer of Auxiliary Police Force87.—

(1)

A person (other than the Government or a statutory body) must not acquire, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, as a going concern the business or undertaking of an employer of an Auxiliary Police Force except with the prior written approval of the Minister granted upon the application of the person and the employer of the Auxiliary Police Force concerned.(2) The Minister must not approve an application made under subsection (1) if the Minister is satisfied that —

(a)

the person proposing to acquire as a going concern the business or undertaking of the employer of an Auxiliary Police Force is not a fit and proper person;

(b)

the acquiring as a going concern the business or undertaking of the employer of an Auxiliary Police Force will result in adverse effect on the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; or

(c)

it is not in the public interest to do so.(3) Any approval mentioned in subsection (1) may be granted subject to such conditions as the Minister may determine.(4) The Minister may at any time add to, vary or revoke any condition imposed under subsection (3).(5) An employer of an Auxiliary Police Force (other than the Government or a statutory body) must not appoint, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, any person as its chief executive officer, chairman or director except with the prior approval of the Commissioner to do so.(6) A person who, immediately before the date of commencement of section 21 of the Police Force (Amendment) Act 2021, is a chief executive officer, chairman or director of an employer of an Auxiliary Police Force is deemed to be approved by the Commissioner under subsection (5) as the chief executive officer, chairman or director of that employer.(7) Unless the Minister otherwise approves, the chief executive officer of an employer of an Auxiliary Police Force and at least one‑half of its directors must be citizens of Singapore.(8) Where the Commissioner revokes an approval or a deemed approval under this section for the appointment of a person as the chief executive officer, the chairman or a director of an employer of an Auxiliary Police Force, the employer of the Auxiliary Police Force must immediately remove the person from such office.(9) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

in any other case, to a fine not exceeding $1 million.(10) This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a company or an organisation.”.