Meaning of “private investigator”
5.—(1) Subject to subsection (2), “private investigator” means any individual who, for reward, carries out any of the following functions:(a)
obtaining and giving information about any person;
(b)
searching for missing persons;
(c)
obtaining and giving information as to the cause and origin of or responsibility for any fire, libel, loss or accident or any damage to real or personal property;
(d)
obtaining and giving information as to the location or recovery of lost or stolen property; or
(e)
obtaining evidence to be used in any civil or criminal proceedings.
(2) For the purposes of this Act, a private investigator does not include —(a)
a person employed by an employer to obtain and give information about another person who is employed by the employer, or whom the employer intends to employ;
(b)
a person employed by a business entity to obtain and give information about the character or nature of business of another business entity for the purpose of any business venture undertaken or to be undertaken by the employer or exclusively for the purposes of market research; and
(c)
a person who carries out any function mentioned in paragraphs (a) to (e) of subsection (1) —(i)
as part of the person’s profession or business as an advocate and solicitor or as part of the person’s occupation as an employee of an advocate and solicitor;
(ii)
as part of the person’s profession or business as a public accountant or as part of the person’s occupation as an employee of a public accountant;
(iii)
as part of the person’s business of obtaining or giving information as to the financial rating or standing of another person; or
(iv)
as part of the person’s business of insurance or as an insurance adjustment agency, or as part of the person’s occupation as an employee of the person carrying on the business of insurance or the insurance adjustment agency.
(3) In this section, “market research” includes —(a)
discovering whether a person is a potential customer for any goods or services or the extent of the person’s satisfaction with goods or services supplied to the person; and
(b)
obtaining information from any person for the purpose of analysing public opinion on any matter (whether or not relating to the market for any goods or services).
No person to be private investigator without private investigator’s licence
6.—(1) A person must not —(a)
carry out for reward (whether in the course of business or of employment) any function of a private investigator; or
(b)
advertise, or in any way hold out, that the person carries out or is willing to carry out for reward any function of a private investigator,
except under and in accordance with a private investigator’s licence granted under this Act.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
No person to supply private investigators’ services without private investigation agency’s licence
7.—(1) A person must not —(a)
engage in the business of supplying, for reward, the services of private investigators to other persons; or
(b)
advertise, or in any way hold out, that the person supplies for reward, or is willing to supply for reward, the services of private investigators,
except under and in accordance with a private investigation agency’s licence granted under this Act.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Employees who are private investigators
8.—(1) A person must not employ another person as a private investigator unless the other person is a licensed private investigator.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) A person (whether or not a licensed private investigation agency) who employs, or is about to employ, as a private investigator any licensed private investigator must —(a)
before employing the licensed private investigator; and
(b)
not later than 14 days after terminating the employment of the licensed private investigator,
inform the licensing officer in the prescribed form and manner of the proposed employment or termination of employment, as the case may be.
(4) Where an employer or a former employer of a licensed private investigator contravenes subsection (3), the employer or former employer (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Employees who are not private investigators
9.—(1) A licensed private investigation agency must, not later than 14 days after —(a)
employing any person other than as a private investigator, such as secretarial, clerical or other staff of a similar kind, to assist in the business of the private investigation agency; or
(b)
terminating the employment of any employee referred to in paragraph (a),
inform the licensing officer in the prescribed form and manner of the employment or termination of employment, as the case may be.
(2) If the licensing officer is of the opinion that any person who is employed other than as a private investigator by a licensed private investigation agency is not a fit and proper person to be so employed, the licensing officer may —(a)
give written notice of his or her opinion to the licensed private investigation agency, stating the name of that person; and
(b)
despite any other law or the provisions of any memorandum or articles of association or other constitution of the licensed private investigation agency, direct the licensed private investigation agency to terminate the employment of the person named in the notice given under paragraph (a).
(3) Any licensed private investigation agency who contravenes subsection (1) or fails to comply with any direction under subsection (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) In deciding for the purposes of subsection (2) whether an employee is a fit and proper person to be employed other than as a private investigator by a licensed private investigation agency, the licensing officer may consider the following matters as indicating that the employee may not be a fit and proper person:(a)
that the employee had on a previous occasion applied for a private investigator’s licence or a private investigation agency’s licence, and such application had been refused by the licensing officer;
(b)
that the employee associates with a criminal in a way that indicates involvement in an unlawful activity;
(c)
that in dealings in which the employee has been involved, the employee has shown dishonesty or lack of integrity; or
(d)
that the continued employment of the employee is not in the public interest or may pose a threat to national security.
Private investigation agency to obtain identification documents from client
10.—(1) A licensed private investigation agency must not accept any engagement to supply to any person the services of licensed private investigators employed by that licensed private investigation agency unless, in relation to each occasion on which the licensed private investigation agency is engaged to provide such services, there is first obtained by the licensed private investigation agency —(a)
the name and address of the person engaging those services; and
(b)
a copy of the person’s passport, identity card or such other document establishing the person’s identity as the licensing officer may specify in any particular case.
(2) A licensed private investigation agency that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Approvals required for certain security assignments
11.—(1) A person (whether or not a licensed private investigation agency) must not —(a)
accept any engagement to supply the services of a private investigator, or a licensed private investigator employed by the person; or
(b)
deploy any licensed private investigator employed by the person,
to carry out any security assignment mentioned in subsection (2) except with the licensing officer’s prior written approval.
(2) In this section, “security assignment” means —(a)
any engagement by a government of any country other than Singapore, or of an agency of such government, for the services of a private investigator;
(b)
any activity which involves the gathering of information on or surveillance of any individual who is —(i)
a political figure;
(ii)
the representative in Singapore of the government of another country or territory other than an honorary representative;
(iii)
a consul or trade commissioner of another country or territory other than an honorary consul or trade commissioner;
(iv)
a member of the official staff of a foreign diplomatic mission or foreign consulate in Singapore; or
(v)
a member of the family of a person covered by sub‑paragraph (i), (ii), (iii) or (iv), where the family member is part of the person’s household;
(c)
any activity which involves the gathering of information on or surveillance of any of the following premises in Singapore or part thereof or any person residing or working therein:(i)
any protected area or protected place within the meaning of the Infrastructure Protection Act 2017;
(ii)
any foreign diplomatic mission or foreign consulate in Singapore;
(iii)
any building or part of a building that is owned or occupied by or on behalf of the Government;
(iv)
any authorised point of entry or authorised point of departure within the meaning of the Immigration Act 1959;
(v)
any private school which does not receive a grant from the Government and provides full-time primary, secondary or pre‑tertiary education or all to pupils most of whom are neither citizens nor permanent residents of Singapore, and includes any hostel, dormitory or other rooms or premises provided for the housing or lodging of some or all of the pupils of that school out of school hours, whether or not the hostels, dormitories or other rooms or premises are in or part of the same building or group of buildings as the classrooms; or
(vi)
any other premises which are declared by the Minister, by order in the Gazette, to be premises for the purposes of this section; or
(d)
any other activity which the Minister may prescribe being an activity which is not in the public interest or may pose a threat to national security if carried out by any licensed private investigator or licensed private investigation agency.[41/2017]
(3) A licensed private investigator must not perform any security assignment where he or she knows or ought reasonably to know that no prior approval as required by subsection (1) has been obtained from the licensing officer to do so.
(4) A person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(5) It is a defence if a person charged with an offence of contravening subsection (1) in relation to a security assignment concerning any individual mentioned in subsection (2)(b), proves that the person did not know, and could not reasonably be expected to have known, that the individual is an individual mentioned in subsection (2)(b).
(6) An application for approval under subsection (1) must —(a)
be made to the licensing officer in such form or manner as the licensing officer may require; and
(b)
be accompanied by —(i)
such particulars, information and documents as the licensing officer may require; and
(ii)
the prescribed fee, if any.
(7) At the licensing officer’s request, the applicant must provide any further information or evidence as the licensing officer may require to decide the application.
(8) Upon receipt of an application for approval under subsection (1), the licensing officer may —(a)
grant the approval, with or without conditions; or
(b)
refuse approval.
(9) A person who has obtained an approval from the licensing officer must immediately inform the licensing officer of any change in any information supplied to the licensing officer for the purpose of obtaining the approval.
(10) The licensing officer may extend any validity period specified in an approval upon an application by the person to whom the approval is granted.
(11) The licensing officer may, at any time, revoke any approval that has been granted under subsection (1) in respect of a security assignment that is specified in the approval, if the licensing officer —(a)
is of the view that due to any change in the circumstances after granting the approval, the continued provision of the services of a private investigator in connection with that security assignment is not in the public interest or may pose a threat to national security; or
(b)
is satisfied that any condition imposed by the licensing officer in granting that approval has not been complied with.
(12) If the licensing officer revokes any approval that has been granted in respect of a security assignment, and the person to whom the approval had been granted continues —(a)
to supply the services of a private investigator, or a licensed private investigator employed by the person; or
(b)
to deploy any licensed private investigator employed by the person,
to carry out that security assignment, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Duty to keep records
12.—(1) A licensed private investigation agency must —(a)
in relation to each occasion on which the licensed private investigation agency is engaged to provide the services of licensed private investigators the licensed private investigation agency employs, keep a record of the following information:(i)
the name and address of the person engaging those services;
(ii)
the date on which the services are provided;
(iii)
details of the services provided; and
(iv)
such other particulars as may be prescribed; and
(b)
retain every such record for a period of at least 5 years from the date of the occasion to which the record relates.
(2) Every employer of a licensed private investigator who is not a licensed private investigation agency must —(a)
retain a record of every assignment handled by the private investigator while in his or her employment, which includes —(i)
the name and particulars of any person investigated;
(ii)
all actions taken by the private investigator on each assignment; and
(iii)
such other particulars as may be prescribed; and
(b)
keep such records for a period of at least 5 years from the date of commencement of the assignment to which the record relates.
(3) Every person required under this section to keep records must furnish to the licensing officer such records at such time and in such format and through such medium (whether electronic or otherwise) as the licensing officer may require.
(4) A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(5) If a person who is required under this section to keep or submit records —(a)
makes a record that —(i)
is false or misleading; or
(ii)
omits any matter or thing without which the record is misleading;
(b)
knows that the record is as described in paragraph (a); and
(c)
furnishes the record to the licensing officer following a requirement made under subsection (3),
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(6) Subsection (5) does not apply —(a)
if the record is not false or misleading in a material particular; or
(b)
if the record did not omit any matter or thing without which the record is misleading in a material particular.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
