Act of Parliament · 1985 Revised Edition
Private Investigation and Security Agencies Act
Feedback & supportLicensing of private investigators and security guard agenciesOfficial textFrom Singapore Statutes Online, unchanged
s 1Short title
This Act may be cited as the Private Investigation and Security Agencies Act.
In this Act, unless the context otherwise requires —
“company” means —
a company incorporated pursuant to the Companies Act [Cap. 50] or pursuant to any corresponding previous law; or
a company or other body incorporated outside Singapore;
“licence” means a private investigator’s licence or a security guard agency’s licence, as the case may be, granted under this Act;
“licensee” means the holder of a licence;
“licensing officer” means the licensing officer appointed under section 4 and includes an assistant licensing officer appointed under that section;
“private investigator” means any person (whether or not he carries on any other business) who exercises or carries on or advertises or notifies or states that he exercises or carries on or that he is willing to exercise or carry on or in any way holds himself to the public as ready to undertake any of the following functions: (a)obtaining and furnishing information as to the personal character or actions of any person or as to the character or nature of the business or occupation of any person;
searching for missing persons;
obtaining and furnishing information as to the causes and origin of or responsibility for fires, libels, losses, accidents or damages or injuries to real or personal property;
the location or recovery of lost or stolen property or obtaining information with respect to that property;
securing evidence to be used in civil or criminal proceedings,on behalf of any other person and for or in consideration of any payment or other remuneration (whether monetary or otherwise);
“private investigator’s licence” means a licence granted under this Act authorising the holder to carry on the business of or to act as a private investigator;
“security guard” includes any watchman or other person engaged in work for the protection of persons or property or to prevent the theft or the unlawful taking of property;
“security guard agency’s licence” means a licence granted under this Act authorising the holder to carry on the business of a security guard agency.
The fact that any person carries on the business of obtaining or furnishing information as to the financial rating or standing of any person shall not of itself require the person carrying on that business or any employee or agent of that person to hold a private investigator’s licence.
For the purposes of this Act, a person shall be deemed to be carrying on the business of a security guard agency if he furnishes or advertises or notifies or states that he is willing to furnish or in any way holds himself out to the public as ready to furnish security guards for the protection of persons or property or to prevent the theft or the unlawful taking of property for or in consideration of any payment or other remuneration (whether monetary or otherwise).
This Act shall not be construed as requiring —
any member of the Singapore Police Force in the exercise of his functions as a police officer;
any member of the Singapore Armed Forces in the exercise of his functions as such member;
any officer or employee of the Government in the exercise of his functions as such officer or employee; and
any Auxiliary Police Force created under the provisions of the Police Force Act [Cap. 235] or any officer or employee thereof in the exercise of his functions as such officer or employee,to hold a licence.
This Act shall not be construed as requiring —
any solicitor acting in the ordinary course of his profession or any solicitor’s clerk in the ordinary course of his employer’s profession;
any person bona fide carrying on the business of insurance or of an insurance adjustment agency or any employee or agent of such a person in the exercise of his functions as such employee or agent;
any person employed to do any investigation work for one employer (such employer not being a private investigator) in respect of investigation work done for that employer arising out of the functions or business exercised or carried on by that employer; or
any person who is employed by the holder of a private investigator’s licence to assist the latter in his business as a private investigator,to hold a private investigator’s licence.
This Act shall not be construed as requiring any inspector, guard, watchman, or other person employed to do inspecting, guarding or watching work for one employer only in respect of inspecting, guarding or watching work done for that employer for the protection of persons or property or arising out of the functions or business exercised or carried on by that employer to hold a security guard agency’s licence.
The Minister may appoint a public officer by name or office to be the licensing officer and may also appoint from public officers such number of assistant licensing officers as he may consider necessary for the purposes of this Act.
The licensing officer shall be responsible generally for carrying out the provisions of this Act and for the collection of fees thereunder and shall pay all amounts collected in respect thereof into the Consolidated Fund.
No person shall —
exercise or carry on or advertise, notify or state that he exercises or carries on or is willing to exercise or carry on the business of a private investigator;
act as a private investigator; or
in any way hold himself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of a private investigator,unless he is the holder of a private investigator’s licence.
Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
No person shall carry on the business of a security guard agency unless he is the holder of a security guard agency’s licence.
Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Any person who desires to obtain a licence shall make an application in the prescribed form to the licensing officer for the grant of a licence.
Upon receiving an application under subsection (1), the licensing officer shall consider the application and may grant a licence, with or without conditions, or refuse to grant a licence.
The licensing officer shall refuse to grant a licence if —
satisfactory evidence has not been produced of the good fame and character of the applicant or, if the applicant is a company, of its officers holding managerial or executive positions;
satisfactory evidence has not been produced to show that the applicant is a fit and proper person to hold a licence;
the applicant has been convicted of any offence involving fraud or moral turpitude or, if the applicant is a company, any of its officers holding a managerial or an executive position has been convicted of any offence involving fraud or moral turpitude; or
he considers it in the public interest to do so.
The licensing officer may at any time vary or revoke any of the existing conditions of a licence or impose conditions or additional conditions thereto.
The licensing officer shall, prior to taking any action under subsection (4), notify his intention to take such action to the licensee concerned and shall give the licensee an opportunity to submit reasons why the conditions of his licence should not be so varied or revoked.
Where a licence is subject to conditions the licensee shall comply with those conditions.
Any person who is aggrieved by a decision of the licensing officer under this section may, within one month of being notified of the decision of the licensing officer, appeal against his decision to the Minister whose decision shall be final.
s 8Annual licence fee
Every licensee shall pay such annual licence fee as may be prescribed.
Every licensee shall exhibit his licence or a certified copy in a conspicuous place at his principal place of business and at every branch where the licensee carries on the business of a private investigator or of a security guard agency.
Any person —
who contravenes or fails to comply with subsection (1); or
who not being the holder of a licence keeps up or exhibits on or near his office, house or place of business or exhibits anywhere or allows to remain unobliterated any sign, writing, painting or other mark implying that such office, house or place of business is that of a person licensed to carry on the business of a private investigator or of a security guard agency,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
The licensing officer may by order revoke a licence —
if he is satisfied that the licensee —
has ceased to carry on the business for which he has been licensed or, if the licensee being a company, goes into liquidation or is wound up or otherwise dissolved;
improperly obtained his licence contrary to the provisions of this Act;
is no longer a fit and proper person to continue to hold a licence;
has been convicted of any offence involving dishonesty or moral turpitude or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence involving fraud or moral turpitude;
is carrying on or has carried on the business of a private investigator or security guard agency, as the case may be, in such a manner as renders him unfit to continue to hold a licence;
is contravening or has contravened any of the provisions of this Act; or
has been convicted of any offence under this Act or the regulations made thereunder or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence under this Act or the regulations made thereunder; or
if he considers it in the public interest to do so.
The licensing officer shall, before revoking any licence under subsection (1), give the person concerned notice in writing of his intention to do so, specifying a date, not less than 21 days after the date of the notice, upon which the revocation shall take effect and calling upon the person concerned to show cause to the licensing officer why the licence should not be revoked.
When the licensing officer has revoked a licence under subsection (1) he shall forthwith inform the person concerned by notice in writing of such revocation.
The person whose licence has been revoked may, within 14 days of the receipt of the notice referred to in subsection (3), or such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.
An order of revocation shall not take effect until the expiration of a period of 14 days after the licensing officer has informed the licensee concerned of the order.
If within that period the licensee concerned gives due notice of appeal to the Minister the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
Where an order of revocation becomes effective under section 10, the licensee concerned shall cease to carry on the business of a private investigator or a security guard agency, as the case may be.
Subsection (1) shall not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done prior to the revocation of the licence.
A person who is the holder of a private investigator’s licence may employ to assist him in his work of private investigator and in the conduct of that business as many persons as he may consider necessary and shall at all times during such employment be legally responsible for the good conduct in the business of each and every person so employed.
A person who is the holder of a private investigator’s licence shall not employ to assist him in his work of private investigator and in the conduct of that business any person —
who has been convicted of any offence involving dishonesty or moral turpitude; or
who is, in the opinion of the licensing officer, not a fit and proper person to be employed to assist in the work of a private investigator.
A person whose application for a private investigator’s licence has been refused shall not participate or be in any way concerned in the business of a licensed private investigator.
A person who is the holder of a security guard agency’s licence may, in the conduct of his business, employ as many persons as he may consider necessary to be security guards and shall at all times during such employment be legally responsible for the good conduct in the business of each and every person so employed.
A person who is the holder of a security guard agency’s licence shall not employ as a security guard any person —
who has been convicted of any offence involving dishonesty or moral turpitude; or
who is, in the opinion of the licensing officer, not a fit and proper person to be employed as a security guard in the business of a security guard agency.
A person whose application for a security guard agency’s licence has been refused shall not participate or be in any way concerned in the business of a licensed security guard agency.
No person shall be employed by a licensee to assist in the work of a private investigator or as a security guard until he has submitted to the licensing officer in the prescribed form a statement containing such personal particulars and other information as are prescribed.
Any person who in the form submitted to the licensing officer pursuant to subsection (1) makes any statement which is not correct or furnishes any particular which is not correct or knowingly omits to furnish any particular which is required to be furnished shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Every licensee shall provide and issue to his employees, who are employed to assist in the work of a private investigator or as a security guard, identification papers in such form and containing such particulars as may be prescribed.
Every person employed by a licensee to assist in the work of a private investigator or as a security guard shall at all times carry the identification paper issued by his employer and produce the identification papers for inspection when so required by the licensing officer or any police officer duly authorised by the licensing officer and shall surrender the identification papers to his employer when he ceases to be employed as such.