Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 1
Chapter: 460 SECURITY AND GUARDING SERVICES ORDINANCE Gazette Number Version Date
Long title E.R. 2 of 2014 10/04/2014
An Ordinance to provide for the establishment of a Security and Guarding Services Industry Authority, the issuing of
permits to individuals doing security work, the licensing of security companies, and for connected matters.
(Enacted 1994)
[The Ordinance other than Part II } 1 June 1995 and sections 32, 33 and 34
Part II and sections 32, 33 and 34 }
1 June 1996 L.N. 213 of 1995]
(Enacting provision omitted—E.R. 2 of 2014)
(Originally 97 of 1994)
Part: I PRELIMINARY 30/06/1997
(Enacted 1994)
Section: 1 Short title E.R. 2 of 2014 10/04/2014
(1) This Ordinance may be cited as the Security and Guarding Services Ordinance.
(2)-(3) (Omitted as spent—E.R. 2 of 2014)
(Enacted 1994)
Section: 2 Interpretation L.N. 163 of 2013 03/03/2014
In this Ordinance, unless the context otherwise requires-
"Authority" (管理委員會) means the Security and Guarding Services Industry Authority established under section 4;
"Commissioner" (處長) means the Commissioner of Police or any police officer acting under and in accordance with
an authorization conferred on him under section 27;
"company" (公司) means a body corporate-
(a) incorporated under the Companies Ordinance (Cap 622); (Amended 28 of 2012 ss. 912 & 920)
(ab) incorporated under a former Companies Ordinance as defined by section 2(1) of the Companies
Ordinance (Cap 622); or (Added 28 of 2012 ss. 912 & 920)
(b) incorporated by any other Ordinance;
"holder of a permit" (持證人) means a person to whom a permit has been issued;
"licence" (牌照) means a licence issued under section 21 or renewed under section 23;
"licensee" (持牌人) means a person to whom a licence has been issued;
"permit" (許可證) means a permit issued under section 14 or renewed under section 15;
"requisition notice" (要求召開會議通知書) means a notice given under section 5A(2); (Added 25 of 2000 s. 2)
"Secretary" (秘書) means the Secretary to the Authority appointed under section 4(4);
"security device" (保安裝置) means a device designed or adapted to be installed in any premises or place, except on
or in a vehicle, for the purpose of detecting or recording- (Amended 25 of 2000 s. 2)
(a) the occurrence of any offence; or
(b) the presence of an intruder or of an object that persons are, for reasons of security, not permitted to
bring onto the premises or place or any other premises or place;
"security work" (保安工作) means any of the following activities-
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 2
(a) guarding any property;
(b) guarding any person or place for the purpose of preventing or detecting the occurrence of any offence;
(Replaced 25 of 2000 s. 2)
(c) installing, maintaining or repairing a security device;
(d) designing for any particular premises or place a system incorporating a security device.
(Enacted 1994)
Section: 3 Application 30/06/1997
(1) Part II does not apply to any member of a class of persons specified in Schedule 1 when acting in his
capacity as such member.
(2) In relation to any person in respect of whom an exemption has been granted under section 8, this Ordinance
applies subject to the terms of that exemption.
(Enacted 1994)
Section: 4 Security and Guarding Services Industry Authority L.N. 208 of 2000 15/06/2000
(1) There shall be a Security and Guarding Services Industry Authority.
(2) The Authority shall consist of-
(a) the Chairman of the Authority, who shall be appointed by the Governor;
(b) the Secretary for Security or his representative; and
(c) 5 other persons appointed by the Governor. (Amended 25 of 2000 s. 3)
(3) The Authority shall appoint one of the members of the Authority (other than the Chairman of the Authority)
as Vice-chairman.
(4) The Secretary for Security shall appoint a Secretary to the Authority.
(5) The Chairman of the Authority and other members of the Authority appointed under subsection (2)(c) may
be remunerated and the amount (if any) of their remuneration shall be determined by the Governor, but this subsection
does not authorize the payment of remuneration to any person employed full time as a public officer.
(6) Every appointment under subsection (2)(a) and (c) shall be notified in the Gazette.
(Enacted 1994)
Section: 5 Meetings of the Authority L.N. 208 of 2000 15/06/2000
(1) The Authority shall meet at such times and at such places as the Chairman of the Authority shall direct.
(2) If the Chairman of the Authority is precluded by illness, absence from Hong Kong or any other cause from
making a direction under subsection (1), the Authority shall meet at such times and at such places as the Vice-
chairman shall direct.
(3) 4 members of the Authority shall constitute a quorum at meetings of the Authority. (Amended 25 of 2000
s. 4)
(4) The Chairman of the Authority or, if he is absent, the Vice-chairman shall preside at meetings of the
Authority.
(5) At meetings of the Authority all questions shall be decided by a majority of votes of the members of the
Authority present and, where voting is equally divided, the Chairman of the Authority or, if he is absent, the Vice-
chairman shall have a casting vote.
(6) The Authority may regulate the procedure and conduct of its meetings.
(7) Meetings of the Authority to hear any application under this Ordinance shall be open to the public except
where the Authority is satisfied that this would not be in the public interest.
(Enacted 1994)
Section: 5A Transaction of business by the circulation of papers L.N. 208 of 2000 15/06/2000
(1) The Authority may transact any of its business, other than business specified in subsection (4), by the
circulation of papers; and, subject to subsections (2) and (3), a resolution in writing which is approved in writing by a
majority of the members of the Authority shall be as valid and effectual as if it had been a resolution passed at a
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 3
meeting of the Authority by the votes of the members so approving the resolution in writing.
(2) Any member of the Authority may, by notice in writing to the Secretary within 7 days after the date on
which the Secretary circulates the papers, require any business which is being transacted by circulation of papers to be
transacted at a meeting of the Authority.
(3) Where, in respect of any business being transacted by the circulation of papers, a notice is given to the
Secretary under subsection (2), any resolution approved in writing under subsection (1) in respect of the business shall
be void.
(4) This section does not apply to the following business of the Authority-
(a) an application for a variation of the conditions of a permit under section 16;
(b) an application for a revocation or suspension of a permit under section 18;
(c) an application for a revocation of a licence under section 25;
(d) an application for a licence, an application for renewal of a licence or an application for variation of
the conditions of a licence except as provided in section 20 or that section as applied by section 23(4),
or in section 24 or 24A (as the case may be).
(Added 25 of 2000 s. 5)
Section: 6 Functions of the Authority L.N. 208 of 2000 15/06/2000
(1) The functions of the Authority are-
(a) to consider and determine applications made to it under this Ordinance;
(b) subject to subsection (3), to specify, by notice in the Gazette-
(i) the criteria that must be satisfied by a person before the Commissioner may issue a permit to
him;
(ii) the conditions subject to which a permit is to be issued;
(iii) the matters to which the Authority shall have regard when determining under section 21 an
application for a licence under section 19; (Amended 25 of 2000 s. 6)
(iv) the criteria that must be satisfied before the Commissioner may, under section 8, grant a person
an exemption from this Ordinance; and
(v) the matters to which the Authority shall have regard when determining whether the Authority
should specify any, and if so what, period for the purpose of section 20(3)(a) or (6)(a) or
24A(4)(a); and (Added 25 of 2000 s. 6)
(c) to do such other things as it is required or authorized to do by this or any other Ordinance.
(2) The Authority may for the purposes of subsection (1)(b) specify-
(a) different criteria, conditions and matters in relation to different types of security work; and
(b) a condition that the holder of a permit shall do only a specified type of security work.
(3) A notice shall not be published in the Gazette under subsection (1)(b)(i) unless and until it has been-
(a) laid before; and
(b) approved by,
the Legislative Council.
(4) For the avoidance of doubt, it is hereby declared that any notice under subsection (1)(b) is not subsidiary
legislation.
(Enacted 1994)
Section: 7 Powers of the Authority 30/06/1997
In order to consider and determine any application under this Ordinance, the Authority may-
(a) receive and consider any material, whether by way of oral evidence, written statements, documents or
otherwise, and whether or not it would be admissible in a court of law;
(b) by notice in writing signed by the Chairman of the Authority or, if he is precluded by illness, absence
from Hong Kong or any other cause from signing the notice, by the Vice-chairman, require the
applicant or any other person having the right to appear at the hearing of the application-
(i) to produce to it any document that is relevant to the application and is in his custody or under his
control; or
(ii) to appear before it and to give evidence relevant to the application;
(c) administer oaths and affirmations;
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 4
(d) require evidence to be given on oath or affirmation.
(Enacted 1994)
Section: 8 Power to grant temporary exemption 30/06/1997
(1) If the Commissioner is of the opinion that the criteria specified under section 6(1)(b)(iv) are satisfied in
respect of any person, he may by notice in writing to that person grant him an exemption from all or any part of this
Ordinance for a period not exceeding 14 days.
(2) The Authority may by notice in writing to the person extend an exemption granted under subsection (1) for
one further period not exceeding 30 days.
(Enacted 1994)
Section: 9 Privileges and immunities L.N. 208 of 2000 15/06/2000
(1) No personal liability shall be incurred by any person in respect of anything done, or omitted to be done, by
him in good faith in relation to the performance or purported performance of any function under this Ordinance.
(2) Without affecting the generality of subsection (1), any party, witness, representative or other person
appearing at or otherwise participating in-
(a) any meeting of the Authority under this Ordinance (including any meeting to hear an application under
this Ordinance);
(b) the transaction of business of the Authority by circulation of papers under section 5A,
shall have the same privileges and immunities as he would have if the meeting or transaction of business were civil
proceedings conducted by the Court of First Instance.
(Replaced 25 of 2000 s. 7)
Part: II CONTROLS OVER SECURITY WORK 30/06/1997
(Enacted 1994)
Section: 10 Restrictions on doing security work 30/06/1997
No individual shall do, agree to do, or hold himself out as doing or as available to do, security work for another
person unless he does so-
(a) under and in accordance with a permit; or
(b) otherwise than for reward.
(Enacted 1994)
Section: 11 Restrictions on supplying individuals to do security work 30/06/1997
(1) No person other than a company acting under and in accordance with a licence shall supply, agree to
supply, or hold himself out as supplying any individual to do security work for another person for reward.
(2) No person shall supply an individual to do any type of security work for another person unless the
individual-
(a) is the holder of a permit that is valid for that type of work; or
(b) is to do the security work otherwise than for reward.
(Enacted 1994)
Section: 12 Restrictions on obtaining benefit of security work 30/06/1997
(1) No person shall authorize or require another person to do any type of security work for him unless the other
person-
(a) is a holder of a permit that is valid for that type of work, a licensee, or an individual supplied by a
licensee; or
(b) is authorized or required to do the work otherwise than for reward.
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 5
(2) Subsection (1) does not apply to an occupier of domestic premises who authorizes or requires another
person to do security work for him in relation only to those premises.
(3) In this section, "domestic premises" (住所 ) means premises used or intended to be used solely or
principally for residential purposes and constituting a separate household unit.
(Enacted 1994)
Section: 13 Obligations of employers in respect of security work 30/06/1997
(1) Subject to subsection (3), any person who employs an individual to do security work, whether for him or
another person, for reward shall within 14 days after the commencement of the employment, give written notice to the
Commissioner of the names of the employer and the employee and of the date on which the employment commenced.
(2) Subject to subsection (3), any person who ceases to employ an individual to do security work for reward
shall within 14 days after the termination of the employment give written notice to the Commissioner of the names of
the employer and the former employee and of the date on which the employment ceased.
(3) Subsection (1) does not apply to an occupier of domestic premises who employs, and subsection (2) does
not apply to an occupier of domestic premises who ceases to employ, an individual to do security work for him in
relation only to those premises.
(4) In this section, "domestic premises" (住所 ) means premises used or intended to be used solely or
principally for residential purposes and constituting a separate household unit.
(Enacted 1994)
Part: III PERMITS 30/06/1997
(Enacted 1994)
Section: 14 Application for and issue of permit 30/06/1997
(1) An application for a permit shall be made to the Commissioner in such form and manner as the Authority
may specify and shall be accompanied by a statement in writing containing such particulars in respect of the
application as may be prescribed or as, in any particular case, the Commissioner may require.
(2) A prescribed fee shall be paid by an applicant in respect of his application and, where appropriate, in
respect of the issue of a permit to him.
(3) A permit shall not be issued to a body of persons, whether corporate or unincorporate.
(4) If the Commissioner has reason to believe that an applicant has at any time been convicted of an offence but
the applicant denies this, the Commissioner may refuse to consider the application further unless the applicant submits
to all such steps as are reasonably necessary for the taking and recording of such of the applicant's fingerprints as the
Commissioner may require; but if the Commissioner establishes from such fingerprints that the applicant has not been
convicted of any offence, the Commissioner shall destroy or return to the applicant all photographs, copies and other
records of those fingerprints.
(5) Subject to subsections (1), (2), (3) and (4), where the Commissioner is satisfied that an applicant is a fit and
proper person to do a type of security work, the Commissioner-
(a) shall, if the applicant satisfies the criteria specified under section 6(1)(b)(i) in relation to security work
of that type, issue a permit to the applicant;
(b) may, if the applicant does not satisfy those criteria, refer the application to the Authority and, if the
Authority approves the application, the Commissioner shall issue a permit to the applicant.
(6) A permit in respect of any type of security work shall-
(a) be subject to the conditions specified under section 6(1)(b)(ii) in relation to security work of that type
and such other conditions (if any) as the Commissioner may specify;
(b) be in the prescribed form;
(c) specify the conditions, including any relevant conditions specified under section 6(1)(b)(ii), subject to
which it is issued;
(d) not be assignable or transmissible in any way (including on the death of the holder); and
(e) be valid for 5 years, or such shorter period as the Commissioner may specify, beginning on the date on
which it was issued.
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(7) Without prejudice to the generality of subsection (6)(a), the conditions of a permit that the Commissioner
may specify include conditions-
(a) limiting the type of security work for which the permit is valid;
(b) limiting the geographical area within which the holder of the permit may do security work;
(c) prohibiting the holder of the permit from wearing a uniform, or permitting him to wear a uniform of
such type or pattern as the Commissioner may specify; and
(d) requiring the holder of the permit to notify the Commissioner of any criminal proceedings instituted
against the holder of the permit.
(Enacted 1994)
Section: 15 Renewal of permit L.N. 208 of 2000 15/06/2000
(1) A holder of a permit that has not been revoked may apply to the Commissioner for the renewal of his
permit.
(2) An application for the renewal of a permit shall-
(a) be made not earlier than 6 months before the permit is due to expire and not later than 3 months before
the permit is due to expire;
(b) be made in such form and manner as the Authority may specify; and
(c) be accompanied by the prescribed fee.
(3) Section 14 applies to an application for the renewal of a permit as it applies to an application for a permit,
and the Commissioner may when renewing a permit impose on the holder of the permit any condition in addition to or
instead of any condition (other than a condition specified under section 6(1)(b)(ii)) previously imposed on him.
(4) Any permit in respect of which an application for renewal is made under this section and which would
(apart from this subsection) expire before the determination of the application shall, unless the application is
withdrawn, or the permit is revoked or suspended under section 17 or 18, continue in force until the determination of
the application.
(4A) A prescribed fee is payable by the holder of a permit in respect of the renewal of the permit. (Added 25 of
2000 s. 8)
(5) A renewal of a permit under this section shall be deemed to be granted on the day following the day on
which the permit would have expired if no application for renewal had been made.
(Enacted 1994)
Section: 16 Application for variation of conditions of permit L.N. 208 of 2000 15/06/2000
(1) In respect of any permit, the Commissioner or the holder of the permit may apply to the Authority for a
variation of the conditions of the permit, including conditions specified under section 6(1)(b)(ii).
(2) Where an application is made under subsection (1)-
(a) the Secretary shall, within 7 days of the date of that application, fix a date for the hearing of the
application and shall give at least 14 days' notice of that date to the Commissioner and the holder of
the permit; and (Amended 25 of 2000 s. 9)
(b) 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 holder of the permit vary the conditions of the permit until
such time as the application is determined.
(3) The holder of the permit 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 permit.
(Enacted 1994)
Section: 17 Revocation of permit 30/06/1997
Where any holder of a permit is convicted of any offence specified in column 2 of Schedule 2 and the penalty
imposed on him for that offence is the penalty specified in relation to that offence in column 3 of that Schedule, the
Commissioner shall, by notice in writing to the holder of the permit, revoke the permit.
(Enacted 1994)
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 7
Section: 18 Application for revocation or suspension of permit L.N. 208 of 2000 15/06/2000
(1) Where, in the opinion of the Commissioner, a holder of a permit is no longer a fit and proper person to hold
the permit or where the holder of the permit has been in breach of any condition of the permit, the Commissioner may
apply to the Authority for a revocation or suspension of the permit.
(2) Where an application is made under subsection (1)-
(a) the Secretary shall, within 7 days of the date of that application, fix a date for the hearing of the
application and shall give at least 14 days' notice of that date to the Commissioner and the holder of
the permit; and that notice shall call on the holder of the permit to show cause as to why an order for
the revocation or suspension of his permit ought not to be made; (Amended 25 of 2000 s. 10)
(b) the Commissioner may by notice in writing to the holder of the permit suspend the permit or vary the
conditions of the permit for a period before the determination of the application and not exceeding 21
days; and
(c) where the Commissioner does so, the Authority may by notice in writing to the holder suspend the
permit or vary the conditions of the permit for such further period before that determination as it thinks
appropriate.
(3) The holder of the permit 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 satisfied that the holder of the permit is no
longer a fit and proper person to hold the permit or has been in breach of any condition of the permit, revoke the
permit or suspend the permit for such period as it considers appropriate.
(5) Except for the purposes of section 15, the holder of a permit that has been suspended under this section
shall be treated, in respect of the period of suspension, as if the permit had not been issued.
(Enacted 1994)
Section: 18A Replacement of permit L.N. 208 of 2000 15/06/2000
The Commissioner may, if satisfied that any permit has been lost, stolen, damaged or destroyed, issue a
replacement of the permit to its holder on payment of the prescribed fee.
(Added 25 of 2000 s. 11)
Part: IV LICENCES 30/06/1997
(Enacted 1994)
Section: 19 Application for licence L.N. 208 of 2000 15/06/2000
(1) An application for a licence may be made only by a company.
(2) An application for a licence shall-
(a) be made to the Authority in such form and manner as the Authority may specify; and
(b) be accompanied by-
(i) a statement in writing containing such particulars in respect of the application as may be
prescribed or as, in any particular case, the Authority may require; and
(ii) the prescribed fee. (Replaced 25 of 2000 s. 12)
(3) (Repealed 25 of 2000 s. 12)
(Enacted 1994)
Section: 20 Investigation of application for licence L.N. 208 of 2000 15/06/2000
(1) Where an application is made for a licence, the applicant shall at the same time send a copy of the
application to the Commissioner, and the Commissioner may cause an investigation to be carried out in respect of the
application for the purpose of determining whether, in the opinion of the Commissioner, there are grounds for
objecting to the application.
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(2) For the purpose of carrying out an investigation under this section, the Commissioner may in writing
require the applicant to produce for inspection such books, records or documents or to furnish such information
relating to the application or any business carried on or intended to be carried on by it as the Commissioner may
specify.
(3) In respect of an application for a licence, no step shall be taken by the Authority before-
(a) the date immediately following the end of a period of 60 days, or of such longer period as the
Authority may specify in the particular case under subsection (7), after the day on which the
application was made; or (Amended 25 of 2000 s. 13)
(b) the date on which the Commissioner notifies the Authority that any investigation carried out under this
section in respect of the application has been completed,
whichever is the earlier (in this section referred to as "the material date" (有關日期)).
(4) Where the Commissioner intends to object to an application for a licence, he shall, within a period of 7 days
beginning on the material date, 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 applicant. (Amended 25 of 2000 s. 13)
(5) Where the Commissioner has served a notice of his intention to object to the application under subsection
(4), the Secretary shall, within 7 days after the service of the notice, fix a date for the hearing of the application.
(Replaced 25 of 2000 s. 13)
(5A) Where the Commissioner-
(a) has, before the expiry of the period specified in subsection (4), notified the Authority in writing that he
does not intend to object to the application; or
(b) has, on the expiry of the period specified in subsection (4), neither served a notice of his intention to
object to the application under that subsection nor given the notification under paragraph (a),
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. (Added 25 of
2000 s. 13)
(5B) Upon circulation of papers under subsection (5A)-
(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 material date, 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. 13)
(5C) The Secretary shall give at least 14 days' notice of the date fixed under subsection (5) or (5B) to the
Commissioner and the applicant. (Added 25 of 2000 s. 13)
(6) An applicant for a licence may, before the application is determined, amend the application by informing
the Authority in writing of the amendment and at the same time sending a copy of the amendment to the
Commissioner; but where such an amendment is made, the material date in relation to that application shall, for the
purposes of subsections (3), (4) and (5B), be- (Amended 25 of 2000 s. 13)
(a) the date immediately following the end of a period of 60 days, or of such longer period as the
Authority may specify in the particular case under subsection (7), after the day on which the Authority
was so informed; or (Amended 25 of 2000 s. 13)
(b) the date after the Authority was so informed on which the Commissioner notifies the Authority that
any investigation carried out under this section in respect of that application has been completed,
whichever is the earlier.
(7) Before the 60 days' period under subsection (3)(a) or (6)(a) expires or (where a longer period has been
specified under this subsection) before the longer period expires, the Commissioner or the applicant may request the
Authority to make a specification for the purposes of subsection (3)(a) or (6)(a). The Authority may-
(a) upon the request, specify a period if the Authority considers it appropriate to do so;
(b) exercise the power under paragraph (a) at most twice in respect of a particular application and may-
(i) for the first time, specify a period not longer than 90 days;
(ii) for the second time, specify a period not longer than 120 days,
beginning on the day after the application was made or the Authority was informed of the amendment
(as the case may be),
and where a period is so specified the Secretary shall give notice in writing of the specification to the applicant and the
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 9
Commissioner. (Added 25 of 2000 s. 13)
(Enacted 1994)
Section: 21 Determination of application for licence L.N. 208 of 2000 15/06/2000
(1) The Authority shall, in considering an application for a licence, have regard to any evidence adduced by or
on behalf of the applicant and any evidence adduced by or on behalf of the Commissioner. (Replaced 25 of 2000 s.
14)
(2) Subject to subsection (3), the Authority may issue a licence to an applicant and may impose such conditions
as the Authority may specify.
(3) The Authority shall not issue a licence to an applicant unless it is satisfied that-
(a) the applicant is a fit and proper person to supply individuals to do security work of the type proposed;
(b) any person who is a controller of the applicant is a fit and proper person to be a controller of a
company that supplies individuals to do security work of the type proposed;
(c) the security equipment and methods used or proposed to be used by the applicant are adequate; and
(d) the applicant's proposed method of supervising the individuals it supplies to do security work is
suitable.
(4) In deciding whether or not to issue a licence authorizing an applicant to supply individuals to do a type of
security work, the Authority shall have regard to the matters specified by it under section 6(1)(b)(iii) in relation to that
type of security work.
(5) Without prejudice to the generality of subsection (2), the conditions that the Authority may impose include
conditions-
(a) specifying the persons who shall or shall not be officers concerned in the management of the licensee;
(b) relating to the business premises and facilities of the licensee;
(c) limiting the type of security work in respect of which the licensee may supply individuals;
(d) limiting the geographical area within which security work may be done by individuals supplied by the
licensee; and
(e) prohibiting the licensee from supplying individuals to do security work wearing uniforms, or
permitting the licensee to supply individuals to do security work wearing uniforms of such type or
pattern as the Commissioner may specify.
(6) In this section, "controller" (控制人), in relation to an applicant, means a majority shareholder controller,
minority shareholder controller or indirect controller, within the meaning of the Banking Ordinance (Cap 155), of the
applicant.
(Enacted 1994)
Section: 21A Licence fee L.N. 208 of 2000 15/06/2000
A fee is payable by the applicant in respect of a licence issued under this Part as follows-
(a) on the issue of the licence, the prescribed annual fee; and
(b) on or before each successive anniversary of the date of issue of the licence during the term of the
licence as issued, a fee equal to the fee that was payable on the issue of the licence under paragraph
(a).
(Added 25 of 2000 s. 15)
Section: 22 Form, validity and conditions of licence 30/06/1997
A licence shall-
(a) be in the prescribed form;
(b) specify the conditions subject to which it is issued;
(c) not be assignable or transmissible in any way; and
(d) be valid for 5 years, or such shorter period as the Authority may specify, beginning on the date on
which it was issued, provided that during those years all prescribed fees are paid as prescribed.
(Enacted 1994)
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 10
Section: 23 Renewal of licence L.N. 208 of 2000 15/06/2000
(1) A licensee may apply to the Authority for the renewal of his licence.
(2) This section does not apply to a licensee whose licence is revoked.
(3) An application for the renewal of a licence shall-
(a) be made not earlier than 6 months before the licence is due to expire and not later than 3 months before
the licence is due to expire;
(b) be made in such form and manner as the Authority may specify; and
(c) be accompanied by the prescribed fee.
(4) Sections 19, 20 and 21 apply to an application for renewal made under this section as they apply to an
application for a licence, and the Authority may when renewing a licence impose on the licensee any condition in
addition to or instead of any condition previously imposed on him.
(5) Any licence in respect of which an application for renewal is made under this section and which would
(apart from this subsection) expire before the determination of the application shall, unless the application is
withdrawn, or the licence is revoked under section 25, continue in force until the determination of the application.
(5A) A fee is payable by the licensee in respect of the renewal of its licence as follows-
(a) on the renewal of the licence, the prescribed annual fee; and
(b) on or before each successive anniversary of the date of renewal of the licence during the term of the
licence as renewed, a fee equal to the fee that was payable on the renewal of the licence under
paragraph (a). (Added 25 of 2000 s. 16)
(6) A renewal of a licence under this section shall be deemed to be granted on the day following the day on
which the licence would have expired if no application for renewal had been made.
(Enacted 1994)
Section: 24 Application by the Commissioner for variation of
conditions of licence
L.N. 208 of 2000 15/06/2000
(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)
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 11
(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)
Section: 24A Application by the licensee for variation of conditions of
licence
L.N. 208 of 2000 15/06/2000
(1) A licensee may apply to the Authority for a variation of the conditions of its licence and shall at the same
time send a copy of the application to the Commissioner.
(2) Where an application is made under subsection (1), the Commissioner may cause an investigation to be
carried out in respect of the application for the purpose of determining whether, in the opinion of the Commissioner,
there are grounds for objecting to the application.
(3) For the purpose of carrying out an investigation under this section, the Commissioner may in writing
require the licensee making an application under subsection (1) to produce for inspection such books, records or
documents or to furnish such information relating to the application or any business carried on or intended to be
carried on by it as the Commissioner may specify.
(4) Subject to subsection (11), no step shall be taken by the Authority in respect of an application made under
subsection (1) before-
(a) the date immediately following the end of a period of 60 days, or of such longer period as the
Authority may specify in the particular case under subsection (5), after the day on which the
application was made; or
(b) the date on which the Commissioner notifies the Authority that any investigation carried out under this
section in respect of the application has been completed,
whichever is the earlier (in this section referred to as "the material date").
(5) Before the 60 days' period under subsection (4)(a) expires or (where a longer period has been specified
under this subsection) before the longer period expires, the Commissioner or the licensee may request the Authority to
make a specification for the purposes of subsection (4)(a). The Authority may-
(a) upon the request, specify a period if the Authority considers it appropriate to do so;
(b) exercise the power under paragraph (a) at most twice in respect of a particular application and may-
(i) for the first time, specify a period not longer than 90 days;
(ii) for the second time, specify a period not longer than 120 days,
beginning on the day after the application was made,
and where a period is so specified the Secretary shall give notice in writing of the specification to the licensee and the
Commissioner.
(6) Where the Commissioner intends to object to an application under subsection (1), he shall, within a period
of 7 days beginning on the material date, 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 licensee.
(7) Where the Commissioner has served a notice of his intention to object to the application under subsection
(6), the Secretary shall, within 7 days after the service of the notice, fix a date for the hearing of the application.
(8) Where the Commissioner-
(a) has, before the expiry of the period specified in subsection (6), notified the Authority in writing that he
does not intend to object to the application; or
(b) has, on the expiry of the period specified in subsection (6), neither served a notice of his intention to
object to the application under that subsection nor given the notification under paragraph (a),
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.
(9) Upon circulation of papers under subsection (8)-
(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 material date, 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.
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 12
(10) The Secretary shall give at least 14 days' notice of the date fixed under subsection (7) or (9) to the
Commissioner and the licensee.
(11) After an application has been made under subsection (1) (including the period before the material date), 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.
(12) The licensee and the Commissioner may appear and be heard and be legally represented at the hearing of an
application under this section.
(13) On an application under subsection (1) the Authority may, if it thinks fit, vary the conditions of the licence.
(Added 25 of 2000 s. 18)
Section: 25 Application for revocation of licence L.N. 208 of 2000 15/06/2000
(1) Where, in the opinion of the Commissioner, a licensee is no longer a fit and proper person to hold the
licence or where the licensee has been in breach of any condition of the licence, the Commissioner may apply to the
Authority for a revocation of the licence.
(2) Where an application is made under subsection (1) the Secretary shall, within 14 days of the date of that
application, fix a date for the hearing of the application and shall give at least 14 days' notice of that date to the
Commissioner and the licensee; and that notice shall call on the licensee to show cause as to why an order for the
revocation of his licence ought not to be made. (Amended 25 of 2000 s. 19)
(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 satisfied that the licensee is no longer a fit and
proper person to hold the licence or has been in breach of any condition of the licence, revoke the licence.
(Enacted 1994)
Section: 25A Replacement of licence L.N. 208 of 2000 15/06/2000
The Authority may, if satisfied that any licence has been lost, stolen, damaged or destroyed, issue a replacement
of the licence to the licensee on payment of the prescribed fee.
(Added 25 of 2000 s. 20)
Part: V APPEALS 30/06/1997
(Enacted 1994)
Section: 26 Appeals against decisions L.N. 208 of 2000 15/06/2000
(1) Any person aggrieved by a decision under section 14(5), 15(3), 16(4), 18(4), 21(2), 23(4), 24(4), 24A(13)
or 25(4) may appeal to the Administrative Appeals Board within 10 days after receiving notice of the decision.
(Amended 25 of 2000 s. 21)
(2) A decision to which this subsection applies by virtue of subsection (3) that is appealed against under
subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is
disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Authority, be contrary to the
public interest and the notice of the decision contains a statement to that effect.
(3) Subsection (2) applies to a decision-
(a) under section 18(4) to revoke or suspend a permit;
(b) under section 21(2) to issue a licence;
(c) under section 25(4) to revoke a licence.
(Enacted 1994)
Part: VI MISCELLANEOUS 30/06/1997
(Enacted 1994)
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 13
Section: 27 Delegation of powers and duties 30/06/1997
The Commissioner of Police may authorize in writing any public officer to exercise any power vested in him or
to perform any duty imposed on him by virtue of this Ordinance.
(Enacted 1994)
Section: 28 Powers of investigation 30/06/1997
(1) For the purpose of ascertaining whether the provisions of this Ordinance are being complied with, a police
officer of or above the rank of inspector, or any other police officer authorized in writing for the purposes of this
section by a police officer of or above the rank of superintendent, may enter any premises of a licensee and-
(a) inspect any books, accounts or documents relating to the licensee's business and take notes, copies or
extracts of or from them;
(b) inspect the facilities enjoyed by the licensee in relation to his business;
(c) obtain information about the training procedures adopted by the licensee in relation to his business.
(2) If it is made to appear to a magistrate by information upon oath that there is reason to believe that an
offence against section 10, 11, 12 or 13 is being committed in any place, the magistrate may issue a warrant
authorizing any police officer to enter and search that place. (Amended 47 of 1997 s. 10)
(Enacted 1994)
Section: 28A Fees received to form part of the general revenue L.N. 208 of 2000 15/06/2000
(1) All fees received under this Ordinance form part of the general revenue.
(2) For the avoidance of doubt, all fees received before the commencement date for section 22 of the Security
and Guarding Services (Amendment) Ordinance 2000 (25 of 2000) are declared to form and to have always formed
part of the general revenue.
(Added 25 of 2000 s. 22)
Section: 29 Power to amend Schedules 1 and 2 30/06/1997
The Governor in Council may, by notice in the Gazette, amend Schedule 1 or 2.
(Enacted 1994)
Section: 30 Regulations L.N. 208 of 2000 15/06/2000
(1) The Chief Executive in Council may by regulation prescribe the fees to be paid under sections 14(2),
15(2)(c) and (4A), 18A, 19(2)(b)(ii), 21A, 23(3)(c) and (5A) and 25A. (Replaced 25 of 2000 s. 23)
(1A) Any fees prescribed in regulations made under subsection (1) may be fixed by reference to the nature of
business of the licensee. (Added 25 of 2000 s. 23)
(1B) Any fees prescribed in regulations made under subsection (1)-
(a) may be fixed at levels sufficient to effect the recovery of expenditure incurred or likely to be incurred
by the Government or the Authority in performing any or all functions under this Ordinance;
(b) shall not be limited by reason only of the amount of administrative or other costs incurred or likely to
be incurred by the Government or the Authority in performing any function under this Ordinance as
regards any particular person or class of persons. (Added 25 of 2000 s. 23)
(2) The Secretary for Security may by regulation-
(a) prescribe anything required or permitted to be prescribed under this Ordinance except fees;
(b) provide for the revocation of a licence for failure to pay any fee, or part thereof, required to be paid in
respect of that licence; and (Replaced 25 of 2000 s. 23)
(c) provide for the better carrying into effect of this Ordinance.
(Enacted 1994)
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 14
Section: 31 Offences 30/06/1997
(1) Any person who contravenes section 11(1) commits an offence and is liable on conviction to a fine at level
6 and to imprisonment for 2 years.
(2) Any person who contravenes section 10, 11(2), 12 or 13 commits an offence and is liable on conviction to a
fine at level 3 and to imprisonment for 3 months.
(3) Any person who-
(a) refuses or fails to comply with any lawful order, requirement or direction of the Authority; or
(b) disturbs or otherwise interferes with the proceedings of the Authority,
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.
(Enacted 1994)
Section: 32 (Omitted as spent) 30/06/1997
(Enacted 1994)
Section: 33 Transitional provision relating to watchman's permit 30/06/1997
(1) Subject to subsection (2), a holder of a watchman's permit, within the meaning of section 2(1) of the
Ordinance repealed under section 32, shall be deemed for the purposes of this Ordinance to be a holder of a permit
that is valid for an unlimited period of time.
(2) The Authority may by notice given to the holder of a watchman's permit cancel that permit at the end of a
period of 3 months after the date of that notice.
(3) For the purpose of subsection (2), a notice shall be deemed to be given to a person if it is sent by prepaid
post to his last known postal address.
(Enacted 1994)
Section: 34 (Omitted as spent) 30/06/1997
(Enacted 1994)
Section: 35 Savings and transitionals L.N. 208 of 2000 15/06/2000
(1) Where a licence issued before the commencement of section 2(b) of the Security and Guarding Services
(Amendment) Ordinance 2000 (25 of 2000) (in this section referred to as "the 2000 Amending Ordinance") makes
reference to any activity which-
(a) is security work for the purposes of this Ordinance immediately before that commencement; but
(b) is not security work for the purposes of this Ordinance as amended by that section,
the licence shall, in respect of the remainder of its term after that commencement, be treated as a licence that does not
contain that reference.
(2) Where, immediately before the commencement of sections 12 and 15 of the 2000 Amending Ordinance, a
licence fee is payable in respect of any licence under this Ordinance as it then applied (whether or not allowed to be
paid by instalments under section 4 of the Security and Guarding Services (Fees) Regulation (Cap 460 sub. leg. A)),
then-
(a) the licence fee remains payable under this Ordinance as it then applied as if sections 12 and 15 of the
2000 Amending Ordinance had not been enacted;
(b) during the remainder of the term for which the licence was issued, section 21A of this Ordinance does
not apply in relation to the licence.
(3) Where immediately before the commencement of section 13(d) and (e) of the 2000 Amending Ordinance-
(a) an application made under section 19 or 23 of this Ordinance is pending; and
(b) the Secretary has given notice of the date fixed for the hearing of the application (whether or not the
hearing has commenced),
the application shall be determined in accordance with this Ordinance as if section 13(d) and (e) of the 2000
Amending Ordinance had not been enacted.
Cap 460 - SECURITY AND GUARDING SERVICES ORDINANCE 15
(4) Where, immediately before the commencement date for sections 17 and 18 of the 2000 Amending
Ordinance, an application made under section 24 of this Ordinance is pending, the application shall be determined in
accordance with this Ordinance as if sections 17 and 18 of the 2000 Amending Ordinance had not been enacted.
(5) Except as provided in this section, any amendment made by a provision of the 2000 Amending Ordinance
applies to and in relation to an application made or a licence issued under this Ordinance before the commencement of
that provision as it applies to and in relation to an application made or a licence issued on or after that commencement.
(Added 25 of 2000 s. 24)
Schedule: 1 Persons to whom Part II does not Apply E.R. 2 of 2012 02/08/2012
[sections 3 & 29]
Item Person
1. Public officers
2. Members of the Chinese People’s Liberation Army (Amended 2 of 2012 s. 3)
3. Members of visiting armed forces
4. Persons holding an office of emolument under the Crown in right of the Government of the United Kingdom
(Enacted 1994)
(Format changes—E.R. 2 of 2012)
Schedule: 2 Offences for which Permit to be Revoked E.R. 2 of 2012 02/08/2012
[sections 17 & 29]
Item Offence Penalty
1. Any offence against the Societies Ordinance (Cap 151) or the Dangerous Drugs
Ordinance (Cap 134)
Any penalty
2. Any offence involving fraud or dishonesty Any penalty
3. Any offence involving violence Imprisonment
4. Any offence against Part XII of the Crimes Ordinance (Cap 200) (Amended
L.N. 48 of 2003)
Any penalty
(Enacted 1994)
(Format changes—E.R. 2 of 2012)
Schedule: 3 (Omitted as spent—E.R. 2 of 2012) E.R. 2 of 2012 02/08/2012
