Statute Details
- Title: Persons Appointed to Grant Licences
- Act Code: PFA2004-S289-1998
- Legislation Type: Subsidiary Legislation (SL)
- Commencement / Effective Date: 15 May 1998
- Legislative Instrument Number: S 289/1998
- Authorising Act: Police Force Act (Cap. 235)
- Key Authorising Provision: Section 73(1) of the Police Force Act
- Licensing Regimes Covered: House to House and Street Collections Act (Cap. 128); Secondhand Dealers Act (Cap. 288)
- Appointed Officials: Assistant Head and Officer-in-charge, General Licensing Unit, Licensing Division, Police Headquarters
What Is This Legislation About?
This subsidiary legislation is a focused administrative instrument that authorises specific police officers to grant certain licences. In plain terms, it identifies who within the Police Force may issue licences under two separate licensing statutes: the House to House and Street Collections Act (Cap. 128) and the Secondhand Dealers Act (Cap. 288).
The instrument does not create new licensing categories or substantive licensing criteria. Instead, it addresses the “who” question—namely, which named positions in the Police Headquarters’ Licensing Division may exercise licensing powers. This matters in practice because licensing decisions affect regulated businesses and individuals, and the validity of a licence can depend on whether it was granted by the properly authorised authority.
Accordingly, the legislation operates as a delegation/appointment mechanism under the Police Force Act. It ensures that licensing functions can be carried out by designated officers within the Police Force, alongside (and in addition to) the senior police officers who already hold licensing authority under the relevant principal Acts.
What Are the Key Provisions?
1. Appointment of specific officers to grant licences
The core provision appoints two roles within the Police Headquarters’ Licensing Division: (i) the Assistant Head, and (ii) the Officer-in-charge of the General Licensing Unit. The appointment is expressly made “with effect from 15th May 1998”.
These appointments are made “in exercise of the powers conferred by section 73(1) of the Police Force Act”. This means the instrument is grounded in statutory authority: the Minister for Home Affairs is empowered to appoint persons to grant licences, and the instrument specifies which persons are appointed and for which licensing regimes.
2. Scope: licences under the House to House and Street Collections Act
The instrument provides that the appointed officers may grant licences under the House to House and Street Collections Act (Cap. 128), in addition to the Commissioner of Police.
This “in addition to” wording is significant. It indicates that the Commissioner of Police retains the licensing power; the appointment does not replace the Commissioner’s authority. Rather, it expands the pool of authorised decision-makers. For practitioners, this can be relevant when assessing whether a licence was properly issued by an officer other than the Commissioner, and whether any challenge could be raised on the basis of lack of authority.
3. Scope: licences under the Secondhand Dealers Act
Similarly, the instrument authorises the appointed officers to grant licences under the Secondhand Dealers Act (Cap. 288), in addition to the Deputy Commissioner of Police.
Again, the appointment is additive. The Deputy Commissioner of Police remains an authorised licensing authority, and the appointed officers are additional persons empowered to grant licences. This structure supports administrative efficiency and continuity of licensing operations, while preserving the role of senior leadership.
4. Administrative effect and legal significance
Although the extract is brief, the legal effect is meaningful. Licensing statutes typically confer powers on specified authorities. If the authority is not properly appointed or designated, licences may be vulnerable to procedural or jurisdictional challenges. By explicitly appointing named positions and linking the appointment to the Police Force Act’s enabling provision, this instrument helps ensure that licensing decisions are made by officers with the requisite statutory authority.
How Is This Legislation Structured?
This subsidiary legislation is structured as a short appointment instrument. It contains:
(a) An enacting formula that identifies the enabling power (section 73(1) of the Police Force Act) and the appointing authority (the Minister for Home Affairs).
(b) A substantive appointment clause that (i) names the specific police positions, (ii) states the effective date (15 May 1998), and (iii) specifies the licensing statutes to which the appointment applies.
(c) A scope delineation using two separate limbs—one for the House to House and Street Collections Act and another for the Secondhand Dealers Act—each clarifying that the appointment is “in addition to” the relevant senior police officer (Commissioner of Police or Deputy Commissioner of Police).
There are no “parts” or complex schedules in the extract provided; the instrument is essentially a targeted authorisation.
Who Does This Legislation Apply To?
The legislation applies primarily to internal decision-makers within the Police Force—specifically, the Assistant Head and the Officer-in-charge of the General Licensing Unit in the Licensing Division at Police Headquarters. It governs who may exercise licensing powers under the two specified principal Acts.
It also indirectly applies to licence applicants and licence holders under the House to House and Street Collections Act and the Secondhand Dealers Act. For applicants, the instrument affects the identity of the licensing authority that may grant licences. For licence holders, it can be relevant to the validity of licences, the administrative process, and any subsequent enforcement actions that rely on the existence of a properly granted licence.
Why Is This Legislation Important?
1. Ensures lawful licensing authority
In regulated licensing regimes, the identity of the decision-maker is not merely administrative—it can be legally determinative. This instrument provides clarity that the appointed officers are authorised to grant licences under specified Acts. This reduces uncertainty for applicants and supports defensibility of licensing decisions.
2. Supports administrative efficiency and continuity
By authorising officers within the General Licensing Unit, the Police Force can process licensing matters without requiring constant involvement of the Commissioner of Police or Deputy Commissioner of Police. The “in addition to” formulation indicates a deliberate design: senior officers retain authority, while operational licensing can be handled by designated officers.
3. Practical relevance for disputes and judicial review
Where licensing decisions are challenged—whether through administrative appeals, reconsideration requests, or judicial review—one common line of inquiry is whether the decision was made by a properly authorised person. This instrument is therefore a key reference point for practitioners assessing the legality of a licence grant. It also helps counsel identify the correct licensing authority for procedural steps, correspondence, and any statutory review mechanisms that may exist under the principal Acts.
Related Legislation
- Police Force Act (Cap. 235) — in particular, section 73(1) (enabling appointment power)
- House to House and Street Collections Act (Cap. 128)
- Secondhand Dealers Act (Cap. 288)
Source Documents
This article provides an overview of the Persons Appointed to Grant Licences for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.