A/HRC/27/50
other activities”. That law seems to be the only one that provides for possibility of a
government body providing a security service that is considered as being “private”.
3.
Licensing, authorization and registration of PSCs
55.
All of the laws reviewed provide for a central authority, normally a government
department or ministry, vested with the powers to authorize, supervise and control PSCs.83
The authority may be decentralized, as in the case of federal States such as Pakistan, India
and China and generally, the relevant laws give the central authority the power to inter alia,
implement the executing regulations, and grant, renew, cancel and suspend licences. In
some cases, the authority has the explicit power of maximum supervision over PSCs.84
56.
In all of the States examined, a PSC must have a licence in order to start or continue
its security business. The person establishing the PSC must also obtain a licence. Only four
countries85 require that PSC personnel have a separate licence also.
57.
Some of the eligibility criteria for the company or owner licence are common to
most of the laws analysed, including the need for the applicant to meet certain qualification
and training requirements;86 the requirement not to have been convicted of any crime or
other offence;87 and the requirement of good conduct.88 Other criteria specific to two or
more States include the nationality of a manager or company;89 the requirement for
companies to have a minimum equity;90 requirement concerning the age of the manager;91
requirements concerning premises, equipment, facilities, etc.92 The eligibility criteria for the
security personnel licence are the same in the four States that require it and include
requisite training and experience;93not to have been convicted of any crime or other
offence;94 and fulfilment of the criteria relating to good moral conduct.95 Of the States
reviewed, China regulates the security guard criteria most thoroughly by requiring, inter
alia, that personnel pass relevant examinations; employee contracts must include coverage
83
84
85
86
87
88
89
90
91
92
93
94
95
16
In China, the Public Security Department of the State Council; in India, the Controlling Authority is
delegated by each State Government; in Malaysia, the Minister of Internal Security; in Pakistan
(Sindh and Punjab), the licensing authority as appointed by the Government; in the Philippines, the
Chief Constabulatory; in Singapore, the Minister of Internal Security; in Sri Lanka, the competent
ministry; in United Arab Emirates, the competent ministry or the police.
This is the case in China, India, Malaysia, Pakistan (Sindh and Punjab), Sri Lanka and the United
Arab Emirates.
China, the Philippines, Singapore and the United Arab Emirates.
Philippines, Republic Act No. 5487, 1969, sect. 4; Singapore, Act 38, 2007, sect. 21 (4); Sri Lanka,
Act No. 45, 1998, art. 4 (3); and China, State Council Order No. 564, 2009, sects. 8 (2) and (3).
Philippines, Republic Act No. 5487, 1969, sect. 4; Sri Lanka, Act No. 45, 1998, art. 4 (3); China,
State Council Order No. 564, 2009, sect. 8 (2); India, Act No. 29, 2005, sects. 5 and 6 (1); and the
2002 Punjab Ordinance (Art. 6.c).
Philippines, Republic Act No. 5487, 1969, sect. 4 (f); Singapore, Act 38, 2007, sect. 21 on renewals;
and Sri Lanka, Act No. 45, 1998, art. 4 (3).
Philippines, Republic Act No. 5487, 1969, sect. 4; and India, Act No. 29, 2005, sect. 6 (2).
Philippines, Republic Act No. 5487, 1969, sect. 4; China, State Council Order No. 564, 2009, sect.
8.
Philippines, Republic Act No. 5487, 1969, sect. 4.
China, State Council Order No. 564, 2009, sect. 84; and United Arab Emirates, Decree No. 37, 2006,
sect. 6.
Philippines, Republic Act No. 5487, 1969, sect. 5; Singapore, Act 38, 2007, sect. 21 (4); China, State
Council Order No. 564, 2009, sect. 16.
Philippines, Republic Act No. 5487, 1969, sect. 5; China, State Council Order No. 564, 2009, sect.
17; and Singapore, Act 38, 2007, sect. 21 (8).
Singapore, Act 38, 2007, sect. 21 and 21 (6); China, State Council Order No. 564, 2009, sect. 16.
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