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

25. Application for revocation of licence
(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.

25A. Replacement of licence
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)

26. Appeals against decisions
(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(1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Authority, be contrary to the public interest and the notice of the decision contains a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.

27. Delegation of powers and duties
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.

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

28. Powers of investigation
(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)

28A. Fees received to form part of the general revenue
(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) Editorial Note:
* Commencement date: 15 June 2000.

29. Power to amend Schedules 1 and 2
The Governor in Council may, by notice in the Gazette, amend Schedule 1 or 2.

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

30. Regulations
(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.

31. Offences
(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.

32. Repeal
The Watchmen Ordinance (Cap. 299) is repealed.

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

33. Transitional provision relating to watchman’s permit
(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.

35. Savings and transitionals
(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