Wrong to retain documents

I REFER to the SMS sent by a reader on the issue of whether security guards in apartments or condos have the right to inspect and retain a visitor’s identity card. This practice is common in both stratified and non-stratified residential areas.

With reference to the National Registration Regulations 1990, these security guards do not have the authority or power to inspect or detain a visitor’s identity card. Regulation 7 on the production and inspection of identity card states: Any registration officer, police officer, customs officer or any member of the armed forces while on duty, and any other officer or class or description of public officer authorised in writing in that behalf by the director-general may inspect the identity of any person.

Regulation 8A makes it an offence for any unauthorised person to detain the identity card of a visitor.

The Private Agency Circular No 2 of 2007, passed by the Home Ministry directed, among others, that the practice of keeping documents by security guards at condominiums and gated and guarded communities should be stopped.

It states that security agencies can only ask for identity documents for the purpose of checking and that it be returned once the particulars are noted down.

Although the circular allows the security guard to check the identity card and record its details, in my opinion, checking amounts to inspecting.

The difference is the degree of scrutiny and this may conflict with existing regulations.

The question of the legality of the security guards obtaining the particulars from the identity card also arises.

It must be pointed out that Regulation 7 of the National Registration Regulations 1990 limits the authorised personnel. Does recording a visitor’s data from the identity card conflict with the spirit of the regulations?

Usually, the security guards are instructed by the joint management body (JMB) or management corporation (MC) to retain the documents or record the details.

Sometimes, these are laid out in their additional by-laws. Section 32 and 70 of the Strata Management Act 2013 allows for additional by-laws to be made by the JMB or MC.

Additional by-laws are rules created by these managing bodies to assist in managing specific situations.

The managing bodies can make additional by-laws or amendments to such additional by-laws with regard to safety and security measures too.

These additional by-laws, however, cannot conflict specifically with the by-laws prescribed under the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015 and generally, with any other law or regulations for example the National Registration Regulations 1990.

To overcome this problem, perhaps the existing by-laws under the Third Schedule should be amended to insert the prohibition for security guards to inspect and detain the identity card of visitors in line with the National Registration Regulations 1990.

Additional by-laws can be challenged in the courts or in the Strata Management Tribunal under Part 2 of the Fourth Schedule of the Strata Management Act 2013.

The tribunal has the power and jurisdiction to order the rectification, setting aside or variation of a contract or additional by-laws, wholly or in part.

ARIFF SHAH R.K George Town