Restriction on employment of certain individuals
Open ↗13.—(1) A licensee of an establishment for massage must not employ an individual to work in the establishment for massage except with the approval of the Licensing Officer.
(2) A licensee of an establishment for massage must also not employ any individual in the establishment for massage —(a)
whom the licensee knows or has reason to believe is likely to engage in, or abet another person to engage in, the provision of sexual services;
(b)
who is below 18 years of age; or
(c)
who has not undergone and passed a medical health screening if required to do so by the Licensing Officer.
(3) Any licensee who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Application for approval
Open ↗14.—(1) An application for approval for a licensee of an establishment for massage to employ an individual to work in the establishment for massage must be made by the licensee to the Licensing Officer in accordance with this section.
(2) An application under subsection (1) must —(a)
be in the form and manner required by the Licensing Officer;
(b)
be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Licensing Officer; and
(c)
be accompanied by any information the Licensing Officer requires to determine the application.
(3) The Licensing Officer may, in order to properly consider an application under subsection (1) —(a)
carry out any inquiries and investigations in relation to an application as are necessary; and
(b)
request the licensee to provide, within a specified time, any additional information.
(4) The Licensing Officer may refuse an application —(a)
that is incomplete or otherwise not made in accordance with this section; or
(b)
if the licensee fails to provide the additional information requested under subsection (3)(b).
Grant of approval
Open ↗15.—(1) In determining whether to grant approval for the licensee of an establishment for massage to employ an individual to work in the establishment for massage (called in this section the relevant individual), the Licensing Officer must consider, and give such weight as the Licensing Officer considers appropriate to, all of the following matters:(a)
whether the relevant individual has the requisite expertise and qualifications to perform the duty or duties in the establishment for massage for which approval for employment is sought;
(b)
whether the relevant individual is, in the opinion of the Licensing Officer, a fit and proper person to be employed to work in an establishment for massage according to such criteria as the Minister may prescribe;
(c)
whether there is any other relevant matter that makes it contrary to the public interest to grant approval.
(2) For the purpose of determining whether a relevant individual has the requisite expertise and qualifications under subsection (1)(a), the Licensing Officer must consider whether the relevant individual has completed such training, or passed such course or courses, as the Licensing Officer may approve.
(3) To avoid doubt, the Licensing Officer is not confined to consideration of the matters in subsection (1) and may take into account any other matters and evidence that may be relevant.
(4) If the Licensing Officer refuses to grant approval under subsection (1), the Licensing Officer must notify both the licensee concerned and the relevant individual concerned.
(5) The Licensing Officer must, if so required by a licensee or a relevant individual, provide the licensee or the relevant individual (as the case may be), within 7 days after being so required, with the grounds in writing of the refusal to grant any approval.
(6) Any licensee or relevant individual who is aggrieved by the refusal of the Licensing Officer to grant an approval under this section may appeal in writing against the refusal to the Minister —(a)
within 14 days after being notified of the refusal; or
(b)
if the licensee or relevant individual requires (within the period mentioned in paragraph (a)) the Licensing Officer to provide the grounds of the refusal, within 14 days after being provided with the grounds of refusal,
and the Minister’s decision is final.
Form and validity of approval
Open ↗16.—(1) Every approval for the licensee of an establishment for massage to employ an individual to work in the establishment for massage must be in the form required by the Licensing Officer.
(2) An approval granted under section 15 for the licensee of an establishment for massage to employ an individual to work in the establishment for massage —(a)
is valid for the period that the Licensing Officer may specify in the approval, subject to any conditions that the Licensing Officer may impose; and
(b)
may be renewed upon its expiry, subject to any conditions that the Licensing Officer may impose.
Cancellation of approval
Open ↗17.—(1) The Licensing Officer may, without compensation, cancel any approval granted under section 15 in respect of an individual to work in an establishment for massage (called in this section the relevant individual), on any of the following grounds:(a)
the Licensing Officer is not satisfied that the relevant individual is a fit and proper person to continue to be employed to work in the establishment for massage according to such criteria as the Minister may prescribe;
(b)
the licensee of the establishment for massage has, in connection with the application for approval, made a statement or provided any information or document which is false or misleading in a material particular;
(c)
the establishment for massage has ceased operations.
(2) Before cancelling the approval granted under section 15, the Licensing Officer must give notice to the licensee concerned and the relevant individual concerned —(a)
stating that the Licensing Officer intends to cancel the approval; and
(b)
specifying the time within which written representations may be made to the Licensing Officer.
(3) The time specified by the Licensing Officer in the notice given to the licensee and the relevant individual under subsection (2) must not be less than 14 days after the date of the notice.
(4) Despite subsection (3), the Licensing Officer may specify a time, being less than 14 days after the date of the notice mentioned in subsection (2), if —(a)
the Licensing Officer is of the opinion that it is in the public interest for the approval to be cancelled as soon as possible; or
(b)
the licensee or the relevant individual is contravening, or has contravened, any requirement of the Act.
(5) The Licensing Officer may, after considering any written representation made by the licensee or the relevant individual, cancel the approval granted under section 15 and notify the licensee and the relevant individual of the cancellation.
(6) The licensee must, within 7 days after the date of the notification mentioned in subsection (5), terminate the employment of the relevant individual to whom the notification relates.
(7) The Licensing Officer must, if so required by the licensee or the relevant individual, provide the licensee or relevant individual (as the case may be), within 7 days after being so required, with the grounds in writing of the cancellation of the approval granted under section 15.
(8) Any licensee or relevant individual who is aggrieved by the cancellation of the approval under subsection (5) may appeal in writing against the cancellation to the Minister —(a)
within 14 days after being notified of the cancellation; or
(b)
if the licensee or relevant individual requires (within the period mentioned in paragraph (a)) the Licensing Officer to provide the grounds of the cancellation, within 14 days after being provided with the grounds of cancellation,
and the Minister’s decision is final.
(9) A decision of the Licensing Officer to cancel an approval granted under section 15 takes effect despite an appeal against that decision made to the Minister under subsection (8), unless the Minister otherwise specifies.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
