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

6. Functions of the Authority
(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(3) A notice shall not be published in the Gazette under subsection (1)(b)(i) unless and until it has been—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.

7. Powers of the Authority
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;
(d) require evidence to be given on oath or affirmation.

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

8. Power to grant temporary exemption
(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.

9. Privileges and immunities
(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)

10. Restrictions on doing security work
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.

11. Restrictions on supplying individuals to do security work
(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.

12. Restrictions on obtaining benefit of security work
(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.
(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.

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

13. Obligations of employers in respect of security work
(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.