§ 46 — Cancellation of security clearance

46.—(1) A Licensing Officer may by written notice given to an individual cancel a security clearance for the individual if the Licensing Officer —(a)

is satisfied that the individual is being investigated or proceeded against for participating in any criminal activity, such as but not limited to —(i)

an offence under the Arms and Explosives Act committed before the date of commencement of section 98(a);

(ii)

an offence under this Act;

(iii)

an offence under the Arms Offences Act or the Corrosive and Explosive Substances and Offensive Weapons Act;

(iv)

an offence under the Dangerous Fireworks Act or the Explosive Substances Act committed before the date of commencement of section 98(b) or (c); or

(v)

an offence under Chapter XVI of the Penal Code (Cap. 224);

(b)

becomes aware of a circumstance in section 45(1) that would have allowed the Licensing Officer to refuse to grant the individual the security clearance, had the Licensing Officer been aware of the circumstance immediately before granting the security clearance;

(c)

is satisfied that the security clearance had been obtained by the individual by fraud or misrepresentation; or

(d)

is satisfied that the public interest or national security of Singapore requires.

(2) A Licensing Officer may give a notice under subsection (1) only after providing the individual concerned a reasonable opportunity to be heard, except that such an opportunity need not be given if there are reasonable grounds for the Licensing Officer to believe that it is appropriate or requisite to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public.

(3) If a Licensing Officer cancels a security clearance for an individual, the Licensing Officer must, by written notice given to —(a)

the individual; and

(b)

any licensee that the individual —(i)

is or is to be a responsible executive of, or a special worker who works for or with the licensee; or

(ii)

is a close associate of,

notify the individual and licensee of the cancellation within 28 days after the decision to cancel is made.

(4) If —(a)

a Licensing Officer cancels a security clearance for an individual on the ground that the Licensing Officer is satisfied that the public interest or national security of Singapore requires the cancellation; and

(b)

the Licensing Officer made the decision because of information that is classified by the Licensing Officer as security sensitive information,

the Licensing Officer is not required to provide any reasons for the Licensing Officer’s decision other than that the decision was made on public interest or national security grounds under this section.

—(1) A Licensing Officer may by written notice given to an individual cancel a security clearance for the individual if the Licensing Officer —(a)

is satisfied that the individual is being investigated or proceeded against for participating in any criminal activity, such as but not limited to —(i)

an offence under the Arms and Explosives Act committed before the date of commencement of section 98(a);

(ii)

an offence under this Act;

(iii)

an offence under the Arms Offences Act or the Corrosive and Explosive Substances and Offensive Weapons Act;

(iv)

an offence under the Dangerous Fireworks Act or the Explosive Substances Act committed before the date of commencement of section 98(b) or (c); or

(v)

an offence under Chapter XVI of the Penal Code (Cap. 224);

(b)

becomes aware of a circumstance in section 45(1) that would have allowed the Licensing Officer to refuse to grant the individual the security clearance, had the Licensing Officer been aware of the circumstance immediately before granting the security clearance;

(c)

is satisfied that the security clearance had been obtained by the individual by fraud or misrepresentation; or

(d)

is satisfied that the public interest or national security of Singapore requires.

(2) A Licensing Officer may give a notice under subsection (1) only after providing the individual concerned a reasonable opportunity to be heard, except that such an opportunity need not be given if there are reasonable grounds for the Licensing Officer to believe that it is appropriate or requisite to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public.

(3) If a Licensing Officer cancels a security clearance for an individual, the Licensing Officer must, by written notice given to —(a)

the individual; and

(b)

any licensee that the individual —(i)

is or is to be a responsible executive of, or a special worker who works for or with the licensee; or

(ii)

is a close associate of,

notify the individual and licensee of the cancellation within 28 days after the decision to cancel is made.

(4) If —(a)

a Licensing Officer cancels a security clearance for an individual on the ground that the Licensing Officer is satisfied that the public interest or national security of Singapore requires the cancellation; and

(b)

the Licensing Officer made the decision because of information that is classified by the Licensing Officer as security sensitive information,

the Licensing Officer is not required to provide any reasons for the Licensing Officer’s decision other than that the decision was made on public interest or national security grounds under this section.