A/HRC/27/50
federal law governing private security companies;74 PSCs are created under the 1984
Companies Ordinance75 and each state or province has its own regulations. Thus, PSCs in
Pakistan are regulated by provincial ordinances. For the purposes of this study, the
ordinances of two provinces were selected: the Sindh Private Security Agencies
(Regulation and Control) Ordinance, 2000 (2000 Sindh Ordinance), Sindh Province
(Karachi),76 and the Punjab Private Security Companies (Regulation and Control)
Ordinance, 200277 (2002 Punjab Ordinance), Punjab Province.
51.
While most of the laws regulate actual security and guarding services, China’s laws
also cover security guard training entities;78 India’s law provides information on PSC
services and provides for training of private security guards and supervisors;79 Malaysia’s
law provides information on PSC services;80 Pakistan’s Punjab Ordinance covers services
such as security guards for persons, property and cash-in transit. The law in the Philippines
covers private detectives and security guards, while Singapore’s law defines private
investigators, security officers and the provision of security service, including the provision
of alarm surveillance services and Sri Lanka’s law covers the provision of services to
protect public-sector officers and State-owned property. China’s law also provides for the
public sector to engage the services of PSCs directly. Other than China and Sri Lanka, none
of the other States make direct reference to the engagement of PSCs by the public sector,
nor do they expressly prohibit the use of PSCs by public sector organizations.
52.
All the laws focus on the provision of private security services in the domestic
sphere; however India’s law further provides for the export of private security activities, but
states that the provision of private security services abroad is prohibited without the
permission of the Controlling Authority, which, in turn, requires the permission of the
Central Government. Furthermore, India’s law does not permit foreign companies to
engage in or provide private security services under its jurisdiction, unless they are
registered in India, or have a proprietor, majority shareholder, partner or director who is a
citizen of India.81 China’s law also permits and limits the import of activities of foreign
PSCs by prohibiting certain organizations that have public functions from contracting
wholly foreign-owned or mixed-capital (Chinese and foreign) security companies.82
53.
All the laws reviewed regulate PSC personnel. In some cases, the regulation is quite
broad in scope. For example, China’s law does not only regulated security companies, but
also the organizations that employ them, including government bodies, social organizations
and public institutions, although the security guards must meet the requirements prescribed
by law and may not provide services outside of the premises that they have been hired to
guard or beyond the limits of the property managed by the hiring entity.
54.
Article 1 of the United Arab Emirates Private Security Companies decree includes in
the definition of PSCs, “any government body” as well as any “security company or
institution … offering a security service, whether independently or in conjunction with
74
75
76
77
78
79
80
81
82
Pakistan is a federation comprising four provinces – Punjab, Sindh, Khyber Pakhtunkhwa and
Balochistan –, Islamabad capital territory and federally administered tribal areas in the northwest,
which include the frontier regions.
Pakistan, Companies Ordinance, No. XLVII of 1984.
The Ordinance came into force immediately, but was published on 3 January 2001as Sindh Ordinance
No. II of 2001.
Pakistan, Punjab Ordinance No. LXIX of 2002.
China, State Council Order No. 564, 2009, chap. VI.
India, Act No. 29, 2005, sect. 9 (2).
Malaysia, Act 27, 1971, sect. 2
India, Act No. 29, 2005, sects. 4 and 6 (2).
China, State Council Order No. 564, 2009, sect. 22.
15
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