s 88A Power to issue directions
88A. —(1) The Minister may issue any direction to a person under subsection (2), (3) or (4) if the Minister is satisfied that — ( a ) the person has provided false or misleading information or documents in connection with an application for approval under section 87(1) or 88(2); ( b ) any condition of approval imposed under section 87(3) or (4) or 88(6) or (7) has been contravened or has not been complied with; ( c ) in the case of a person who had obtained approval under section 87(1) in relation to acquiring as a going concern the business or undertaking of an employer of an Auxiliary Police Force — (i) the person ceases to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to carry on the business relating to the Auxiliary Police Force; ( d ) the person has contravened section 87(1) or 88(2); ( e ) in the case of a person who has obtained the Minister’s approval under section 88(2) or who is deemed to be approved under section 88(3) — (i) the person ceases to be a fit and proper person; (ii) having regard to the person’s likely influence, the employer of the Auxiliary Police Force is not, or is no longer, likely to conduct its business relating to the Auxiliary Police Force prudently or to comply with the provisions of this Act; or (iii) it is not, or is no longer, in the public interest to allow the person — (A) to continue to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; or (B) to cease to be a 50% controller or a 75% controller of the employer of the Auxiliary Police Force; or ( f ) the Minister would not have granted approval under section 87(1) or 88(2) to a person had the Minister been aware, at that time, of circumstances relevant to the person’s application for the approval. (2) Where the person mentioned in subsection (1) has acquired as a going concern the business or undertaking of an employer of an Auxiliary Police Force, the Minister may, by written notice — ( a ) direct the person to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person (whether alone or together with any other person) within such time and subject to such conditions as the Minister considers appropriate; ( b ) direct the person not to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person; ( c ) direct the person to modify or terminate any agreement or arrangement relating to the acquisition as a going concern; or ( d ) make such other direction as the Minister considers appropriate. (3) Where the person mentioned in subsection (1) is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force, the Minister may, by written notice — ( a ) direct the person to take such steps as are necessary, within such period as may be specified by the Minister, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; ( b ) direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the employer held by the person or the person’s associates (called in this section and section 88B the specified equity interests) within such time and subject to such conditions as the Minister considers appropriate; ( c ) direct the person or any of the person’s associates not to transfer or dispose of the specified equity interests; ( d ) direct the person to modify or terminate any agreement or arrangement relating to the holding of the specified equity interests, or the control of the voting power, in the employer of the Auxiliary Police Force; or ( e ) make such other direction as the Minister considers appropriate. (4) Where the person mentioned in subsection (1) is a person ( A ) who has ceased to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force as a result of a person ( B ) acquiring any equity interest from A (called in this section and section 88B the acquired equity interest), the Minister may do any one or more of the following: ( a ) direct B to take such steps as are necessary, within such period as may be specified by the Minister, to cease to hold all or any of the acquired equity interest; ( b ) direct A to take such steps as are necessary, within such period as may be specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be; ( c ) direct B to transfer or dispose of all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; ( d ) direct A to acquire all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; ( e ) direct B not to transfer or dispose of all or any of the acquired equity interest; ( f ) direct A or B to modify or terminate any agreement or arrangement relating to the acquired equity interest; ( g ) make such other direction as the Minister considers appropriate. (5) Before issuing any direction to a person under subsection (2), (3) or (4), the Minister must, unless the Minister decides that it is not practicable or desirable to do so, give to the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. (6) Upon receipt of any written representation mentioned in subsection (5), the Minister must consider it for the purpose of determining whether to issue the direction. (7) Any person to whom a direction is issued under this section must comply with the direction. (8) The Minister may vary, suspend or revoke any direction issued under this section. [Act 21 of 2021 wef 02/09/2022] —(1) The Minister may issue any direction to a person under subsection (2), (3) or (4) if the Minister is satisfied that — ( a ) the person has provided false or misleading information or documents in connection with an application for approval under section 87(1) or 88(2); ( b ) any condition of approval imposed under section 87(3) or (4) or 88(6) or (7) has been contravened or has not been complied with; ( c ) in the case of a person who had obtained approval under section 87(1) in relation to acquiring as a going concern the business or undertaking of an employer of an Auxiliary Police Force — (i) the person ceases to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to carry on the business relating to the Auxiliary Police Force; ( d ) the person has contravened section 87(1) or 88(2); ( e ) in the case of a person who has obtained the Minister’s approval under section 88(2) or who is deemed to be approved under section 88(3) — (i) the person ceases to be a fit and proper person; (ii) having regard to the person’s likely influence, the employer of the Auxiliary Police Force is not, or is no longer, likely to conduct its business relating to the Auxiliary Police Force prudently or to comply with the provisions of this Act; or (iii) it is not, or is no longer, in the public interest to allow the person — (A) to continue to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; or (B) to cease to be a 50% controller or a 75% controller of the employer of the Auxiliary Police Force; or ( f ) the Minister would not have granted approval under section 87(1) or 88(2) to a person had the Minister been aware, at that time, of circumstances relevant to the person’s application for the approval. (2) Where the person mentioned in subsection (1) has acquired as a going concern the business or undertaking of an employer of an Auxiliary Police Force, the Minister may, by written notice — ( a ) direct the person to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person (whether alone or together with any other person) within such time and subject to such conditions as the Minister considers appropriate; ( b ) direct the person not to transfer or dispose of all or any part of the equity interests or assets in the employer that are held by the person; ( c ) direct the person to modify or terminate any agreement or arrangement relating to the acquisition as a going concern; or ( d ) make such other direction as the Minister considers appropriate. (3) Where the person mentioned in subsection (1) is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force, the Minister may, by written notice — ( a ) direct the person to take such steps as are necessary, within such period as may be specified by the Minister, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force; ( b ) direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the employer held by the person or the person’s associates (called in this section and section 88B the specified equity interests) within such time and subject to such conditions as the Minister considers appropriate; ( c ) direct the person or any of the person’s associates not to transfer or dispose of the specified equity interests; ( d ) direct the person to modify or terminate any agreement or arrangement relating to the holding of the specified equity interests, or the control of the voting power, in the employer of the Auxiliary Police Force; or ( e ) make such other direction as the Minister considers appropriate. (4) Where the person mentioned in subsection (1) is a person ( A ) who has ceased to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force as a result of a person ( B ) acquiring any equity interest from A (called in this section and section 88B the acquired equity interest), the Minister may do any one or more of the following: ( a ) direct B to take such steps as are necessary, within such period as may be specified by the Minister, to cease to hold all or any of the acquired equity interest; ( b ) direct A to take such steps as are necessary, within such period as may be specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be; ( c ) direct B to transfer or dispose of all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; ( d ) direct A to acquire all or any of the acquired equity interest within such time and subject to such conditions as the Minister considers appropriate; ( e ) direct B not to transfer or dispose of all or any of the acquired equity interest; ( f ) direct A or B to modify or terminate any agreement or arrangement relating to the acquired equity interest; ( g ) make such other direction as the Minister considers appropriate. (5) Before issuing any direction to a person under subsection (2), (3) or (4), the Minister must, unless the Minister decides that it is not practicable or desirable to do so, give to the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. (6) Upon receipt of any written representation mentioned in subsection (5), the Minister must consider it for the purpose of determining whether to issue the direction. (7) Any person to whom a direction is issued under this section must comply with the direction. (8) The Minister may vary, suspend or revoke any direction issued under this section. [Act 21 of 2021 wef 02/09/2022]