PROBLEMS OF LAW ENFORCEMENT RELATING TO SECURITY BUSINESS

Abstract

Thailand’s Business Security Act B.E. 2558 (2015) (The Act) supports private security services, but is hampered by a number of problems and limitations. An international comparative legal study was made of related laws in Singapore, the United Kingdom and The Republic of South Africa. The goal was to use the comparative research data to provide solutions to ongoing weaknesses in The Act and propose suggestions for resolving them.

          Results were that The Act mainly focuses on controlling security business services and supervising groups of career personnel as security guards through these businesses. In addition, the legal intent to control service categories for career personnel as security guard meant that focus was placed on only one type of service, namely security services in residential and business premises such as office buildings, department stores, condominiums, and housing estates which are not covered in actual practice by different extant categories. So the supervision and oversight of career security guards is limited. By comparison, regulations overseas provided controls from the level of security personnel to the level of security service providers. So far, Thai law does not cover the duties and the different categories of services that occur as part of practical experience and lacks measures to monitor and supervise these careers.

          The aforementioned issues create inconsistent, unsystematic, inappropriate legal enforcement, leading to many problems. These findings suggest that Thailand should revise The Act to regulate private security services by analyzing provisions in foreign law to find ways to correct defects, limitations, and applications in some areas to resolve issues in the most appropriate way.