### Security and Guarding Services Ordinance 《保安及護衞服務條例》

21. Determination of application for licence
(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.

21A. Licence fee
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)

### Security and Guarding Services Ordinance 《保安及護衞服務條例》

22. Form, validity and conditions of licence
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.

23. Renewal of licence
(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.

### Security and Guarding Services Ordinance 《保安及護衞服務條例》

24. Application by the Commissioner for variation of conditions of licence
(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

24A. Application by the licensee for variation of conditions of licence
(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