Traditional Chinese Medicine Practitioners
(Amendment) Bill

Bill No. 2/2019

Read the first time on 14 January 2019.
An Act to amend the Traditional Chinese Medicine Practitioners Act (Chapter 333A of the 2001 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act is the Traditional Chinese Medicine Practitioners (Amendment) Act 2019 and comes into operation on a date that the Minister appoints by notification in the Gazette.
Amendment of section 2
2.  Section 2 of the Traditional Chinese Medicine Practitioners Act (called in this Act the principal Act) is amended —
(a)by inserting, immediately after the definition of “herbal medicine”, the following definition:
“ “Inquiry Committee” means a committee appointed under section 26I(1);”;
(b)by inserting, immediately after the definition of “institution of higher learning”, the following definitions:
“ “interim order” means an order made under section 26H(1);
“investigator” means a person appointed under section 28;”; and
(c)by inserting, immediately after the definition of “member”, the following definition:
“ “modify”, in relation to any condition of registration, means —
(a)delete or replace such a condition; or
(b)add a condition of registration;”.
Amendment of section 3
3.  Section 3(2) of the principal Act is amended by deleting the words “9 members” and substituting the words “11 members”.
Amendment of section 8
4.  Section 8 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:
“(3A)  However, a member who is or was a member of an Inquiry Committee inquiring into a matter relating to a registered person under this Act —
(a)must not vote or take part in any discussion or decision of the Board relating to the matter, or otherwise participate in any activity of the Board that relates to the matter;
(b)must withdraw from any meeting or part of any meeting of the Board considering or discussing the matter if the Chairman or other member presiding at the meeting so requests; and
(c)must be disregarded for the purpose of forming a quorum for any meeting or part of any meeting of the Board during which a discussion or decision relating to the matter occurs or is made.”.
Amendment of section 17
5.  Section 17 of the principal Act is amended —
(a)by inserting, immediately after subsection (5), the following subsection:
“(5A)  The Board may refuse to grant or renew a practising certificate to a registered person if the registered person fails to comply with any prescribed requirements relating to —
(a)continuing professional education for the practice of traditional Chinese medicine; or
(b)any other aspect of the practice of traditional Chinese medicine.”;
(b)by deleting subsection (6) and substituting the following subsections:
“(6)  A practising certificate issued to a registered person is deemed to be cancelled when —
(a)the registration of the registered person is cancelled or suspended under section 19 or 26A; or
(b)an interim order against the registered person is confirmed by the Board under section 26H(8)(a).
(6A)  A person whose practising certificate is deemed to be cancelled under subsection (6) must surrender the practising certificate to the Board no later than the 14th day after the cancellation of the practising certificate.”; and
(c)by deleting the words “subsection (6)” in subsection (7) and substituting the words “subsection (6A)”.
Repeal and re‑enactment of section 18
6.  Section 18 of the principal Act is repealed and the following section substituted therefor:
“List of registered traditional Chinese medicine practitioners with practising certificates
18.  The Registrar must publish, in such manner as the Board considers will secure adequate publicity to members of the public, a list of the names, practice addresses, qualifications, classes of registration and dates of qualifications and registration of all registered persons who have in force a practising certificate.”.
Amendment of section 19
7.  Section 19 of the principal Act is amended —
(a)by inserting, immediately after paragraph (i) of subsection (1), the following paragraph:
“(ia)has failed to comply with any order of the Board under subsection (2)(ab), (b) or (ca);”;
(b)by deleting the word “disability” in subsection (1)(k) and substituting the word “condition”;
(c)by deleting the words “to (k)” in subsection (2) and substituting the words “to (j)”;
(d)by deleting paragraphs (b) and (c) of subsection (2) and substituting the following paragraphs:
“(aa)issue a letter of advice to the registered person;
(ab)order the registered person to give an undertaking, on such terms as the Board thinks fit, to abstain from the conduct that is the subject of a complaint against, or information about, the registered person under section 26B;
(b)order the registered person to pay —
(i)a penalty not exceeding $10,000; or
(ii)a penalty not exceeding $50,000, if the act or omission that is the subject of the complaint or information occurred on or after the date of commencement of section 7(d) of the Traditional Chinese Medicine Practitioners (Amendment) Act 2019;
(ba)alter the registered person’s class of registration;
(c)modify the conditions of the registration of the registered person for a period not exceeding 3 years;
(ca)order that the complaint against, or information about, the registered person under section 26B be referred for mediation between the registered person and the person who made the complaint or provided the information (called the complainant), including ordering —
(i)the personal attendance of the registered person and the complainant before a mediator specified by the Board; and
(ii)the registered person to supply a report of the outcome of that mediation by the mediator mentioned in sub‑paragraph (i) to the Board;”;
(e)by inserting, immediately after subsection (2), the following subsection:
“(2A)  Where a registered person is liable to have his registration cancelled on the ground in subsection (1)(k), the Board may, instead of cancelling the registration of the registered person, take one or more of the following measures:
(a)suspend the registration of the registered person for a period not exceeding 12 months;
(b)alter the registered person’s class of registration;
(c)modify the conditions of the registration of the registered person for a period not exceeding 3 years.”;
(f)by deleting the words “or (2)” in subsection (3) and substituting the words “, (2) or (2A)”;
(g)by deleting paragraph (b) of subsection (3) and substituting the following paragraph:
“(b)consider the findings and recommendation of the relevant Inquiry Committee as reported to the Board under section 26E(2).”; and
(h)by deleting subsection (5) and substituting the following subsections:
“(5)  Subject to subsection (5A) and section 21(3), a decision of the Board made under subsection (1), (2) or (2A) does not take effect until the 31st day after the date of the decision.
(5A)  The Board’s decision to cancel the registration of a registered person under subsection (1) takes immediate effect when the Board certifies that there are reasonable grounds to believe that —
(a)there is a serious and imminent risk to the public if the cancellation of the registration does not take immediate effect; or
(b)it is appropriate or requisite that the cancellation takes immediate effect in order to avoid any actual incident that endangers the public.
(5B)  Where the Board so certifies under subsection (5A), the Registrar must immediately serve a notice of the Board’s decision on the registered person concerned.”.
Amendment of section 20
8.  Section 20 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  The Board may order a registered person to pay such sums as the Board thinks fit in respect of the costs and expenses of or incidental to any inquiry or investigation conducted or action taken against the registered person where the Board —
(a)cancels the registration of the registered person under section 19(1);
(b)takes any action against the registered person under section 19(2) or (2A); or
(c)confirms an interim order made against the registered person under section 26H(8)(a).”; and
(b)by inserting, immediately after subsection (3), the following subsection:
“(4)  The costs and expenses mentioned in subsection (1) include —
(a)the costs and expenses of any assessor or advocate and solicitor appointed by the Board for any proceedings before an Inquiry Committee;
(b)such reasonable expenses as the Board may pay to witnesses; and
(c)such other reasonable expenses as are necessary for the conduct of the proceedings before the Inquiry Committee.”.
Amendment of section 21
9.  Section 21 of the principal Act is amended —
(a)by deleting the words “section 19(1) or (2)” in subsection (1) and substituting the words “section 19(1), (2) or (2A)”; and
(b)by inserting, immediately after subsection (2), the following subsection:
“(3)  Where a person appeals to the High Court against the Board’s decision mentioned in subsection (1), the decision, if not certified under section 19(5A), takes effect only when —
(a)the decision is confirmed by the High Court;
(b)the appeal is for any reason dismissed by the High Court; or
(c)the appeal is withdrawn.”.
Amendment of section 23
10.  Section 23(1) of the principal Act is amended by inserting, immediately after the words “section 19”, the words “or 26A”.
New Part IVA
11.  The principal Act is amended by inserting, immediately after section 26, the following Part:
“PART IVA
DISCIPLINARY PROCEEDINGS AND INQUIRIES
Division 1 — Voluntary cancellation, suspension, etc.
Voluntary cancellation, suspension, etc.
26A.—(1)  A registered person may request the Board in writing to take one or more of the actions in subsection (2) if the registered person believes that —
(a)the registered person’s fitness to practise the prescribed practice of traditional Chinese medicine that he is registered to carry out is impaired by reason of his mental or physical condition; or
(b)the quality of the professional services provided by the registered person does not meet the standard which is reasonable to expect of a traditional Chinese medicine practitioner carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out.
(2)  Upon receiving a request under subsection (1), the Board may, with the agreement of the registered person, do one or more of the following:
(a)cancel the registration of the registered person;
(b)suspend the registration of the registered person for a period not exceeding 3 years;
(c)alter the registered person’s class of registration;
(d)modify the conditions of the registration of the registered person for a period not exceeding 3 years.
(3)  However, the Board must not take any action under subsection (2) in relation to a registered person if —
(a)the Board believes that there is evidence of any matter in section 19(1)(g), (h), (i) or (j); or
(b)any inquiry under Division 2 has started and is pending against the registered person.
Division 2 — Inquiries into complaints against and information on registered persons
Complaints against registered persons
26B.—(1)  A person (whether or not a member or an employee of the Board) may make a complaint against, or provide information about, any registered person to the Board touching on any matter mentioned in section 19(1).
(2)  Every complaint against, or information about, any registered person mentioned in subsection (1) must —
(a)be in writing; and
(b)if the complaint or information relates to a matter in section 19(1)(e), (f), (i), (j) or (k), be supported by a statutory declaration unless the complaint or information is made or provided by a public officer or a member or an employee of the Board in his capacity as a public officer or such a member or an employee.
Review of complaints and information
26C.—(1)  Subject to section 26H, the Board must —
(a)within 2 weeks after receiving any complaint against, or information about, a registered person under section 26B, start to review the complaint or information; and
(b)complete its review of the complaint or information within 3 months after starting the review.
(2)  The Board may, in the course of a review under subsection (1), require any of the following persons to answer any inquiry or provide any record that the Board considers relevant for the purpose of the review:
(a)the person who made the complaint against, or provided the information about, the registered person;
(b)the registered person.
(3)  The Board may dismiss any complaint or information where the Board is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance.
(4)  Where a complaint against, or information about, a registered person is not dismissed under subsection (3), the Board must refer the complaint or information to an Inquiry Committee.
Withdrawal of complaints and information
26D.—(1)  Where a complaint against, or information about, a registered person is withdrawn, the Board or an Inquiry Committee (as the case may be) must proceed under this Part as if the complaint had been made, or the information had been provided, by a member of the Board.
(2)  The Board may, despite the withdrawal —
(a)take any action mentioned in section 26C;
(b)where the withdrawal takes place before the conclusion of an inquiry under section 26E into the complaint or information — order that the inquiry into the complaint or information continue;
(c)where the withdrawal takes place before the Board makes any decision under section 19 — make such decision under section 19(1), (2) or (2A) as the Board thinks fit; or
(d)where the withdrawal takes place before the Board makes an interim order under section 26H(1) — make the interim order if the Board thinks fit.
Inquiries by Inquiry Committees
26E.—(1)  An Inquiry Committee must, within 2 weeks starting on the date the Board refers any complaint against, or information about, a registered person to the Inquiry Committee, start its inquiry into the complaint or information.
(2)  An Inquiry Committee must complete its inquiry into the complaint or information, and report its findings and recommendation to the Board, no later than 6 months starting on the date the complaint or information is referred to the Inquiry Committee, or within any extension of time under subsection (3) if granted.
(3)  The Chairman may grant in writing an extension of time to any Inquiry Committee which is unable to complete its inquiry into, and report its findings in respect of, any complaint against, or information about, any registered person within the 6‑month period specified in subsection (2).
(4)  For the purposes of an inquiry under this Part, an Inquiry Committee —
(a)must direct one or more investigators to investigate into the facts and circumstances of the complaint or information in accordance with section 26F; and
(b)must afford the registered person an opportunity of appearing before the Inquiry Committee (whether in person or represented by counsel) to be heard on the complaint against, or information about, that registered person.
(5)  Where, in the course of an inquiry on a matter other than that in section 19(1)(k), it appears to the Inquiry Committee that a registered person’s fitness to practise the prescribed practice of traditional Chinese medicine that he is registered to carry out may be impaired by reason of his mental or physical condition —
(a)the Inquiry Committee must immediately refer the matter to the Board;
(b)the Board must refer the matter to a different Inquiry Committee; and
(c)the Inquiry Committee mentioned in paragraph (b) must conduct an inquiry into the registered person’s fitness to practise in accordance with this Part.
Duties of investigator in inquiries
26F.—(1)  An investigator directed by an Inquiry Committee under section 26E(4)(a) to investigate into the facts and circumstances of any complaint against, or information about, a registered person must give written notice of the complaint or information to that registered person.
(2)  A notice under subsection (1) must include copies of the complaint or information, and of any statutory declaration that has been made in support of the complaint or information.
(3)  An investigator mentioned in subsection (1) must, upon completing the investigation, submit a report on the findings of the investigation (called in this section the investigation report) to the Inquiry Committee that directed the investigator to carry out the investigation.
(4)  The investigation report must include any written explanation given by the registered person after receiving a notice under subsection (1).
(5)  Where an investigator, in the course of an investigation in respect of a registered person, receives any information touching on the conduct, mental or physical condition or professional performance —
(a)of the same registered person (whether or not the information also relates to another registered person), which is outside the subject matter of the complaint or information the investigator is directed under section 26E(4)(a) to investigate; or
(b)of another registered person,
which may give rise to proceedings under this Part, the investigator must prepare and submit to the Board a report of the information received.
(6)  Upon the Board receiving the report mentioned in subsection (5), section 26C applies as if the report is information received by the Board about a registered person.
Post‑inquiry
26G.—(1)  A report which is required by section 26E(2) must contain —
(a)the findings of the Inquiry Committee in respect of the complaint against, or information about, the registered person concerned; and
(b)a recommendation to the Board —
(i)to take any action mentioned in section 19(1), (2) or (2A); or
(ii)to dismiss the complaint or information.
(2)  The Board may, after considering the report of the Inquiry Committee required by section 26E(2) —
(a)take any action mentioned in section 19(1), (2) or (2A) as the Board thinks fit;
(b)dismiss the complaint against, or information about, the registered person concerned; or
(c)refer the complaint or information back to the Inquiry Committee for reconsideration or a further report on such matters as the Board may specify.
(3)  Where the Board refers a complaint or information back to the Inquiry Committee under subsection (2)(c), the Inquiry Committee —
(a)must submit its response or further report to the Board within 8 weeks, or such longer period as the Chairman may allow in writing, starting on the date of the Board’s referral under subsection (2)(c); and
(b)for the purpose of paragraph (a), may direct an investigator to conduct such further investigations into the matter as may be necessary in accordance with section 26F.
(4)  Upon receiving the Inquiry Committee’s response or further report under subsection (3), the Board must proceed in accordance with subsection (2)(a) or (b).
(5)  Where, in the course of its inquiry, an Inquiry Committee receives any information touching on the conduct of the registered person concerned which discloses an offence under this Act or its subsidiary legislation or any other written law, the Inquiry Committee must record the information and report it to the Board.
Division 3 — Interim orders
Interim orders
26H.—(1)  Where it appears to the Board that a registered person must without delay stop carrying out any prescribed practice of traditional Chinese medicine because there are reasonable grounds to believe that —
(a)there is a serious and imminent risk to the public if there is no such stoppage; or
(b)it is appropriate or requisite that an interim order be made in order to avoid any actual incident that endangers the public,
the Board may, instead of proceeding under Division 2, make an interim order.
(2)  An interim order —
(a)must require the registered person to whom it relates to stop carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out;
(b)takes effect at such time, being the earliest practicable time, as specified in the interim order; and
(c)may be revoked at any time by the Board.
(3)  In determining whether it is appropriate or requisite that an interim order be made against a registered person, the Board must have regard, in particular, to —
(a)the extent to which the registered person or any other person is likely to sustain harm or damage; and
(b)the nature and likely consequences of any such harm or damage,
if the registered person continues to carry out the prescribed practice of traditional Chinese medicine the registered person is registered to carry out before a decision under section 26G(2)(a) or (b) is made.
(4)  Subject to subsections (5) to (8), the Board may confirm an interim order made against a registered person, with or without modifications, if the Board is satisfied that it continues to be necessary to prevent the registered person from carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out.
(5)  Before the Board confirms an interim order, the Board must —
(a)refer the interim order to an Inquiry Committee; and
(b)give written notice to the registered person concerned —
(i)stating that the Board proposes to confirm the interim order and setting out its effect;
(ii)setting out the facts which, in the Board’s opinion, justifies the confirmation of the interim order; and
(iii)specifying the period (being not less than 30 days starting on the date of service of the notice) within which the registered person may make representations or objections with respect to the proposed confirmation and modifications (if any) to the Inquiry Committee.
(6)  Where the Board refers an interim order to an Inquiry Committee under subsection (5)(a) —
(a)the Inquiry Committee must afford the registered person an opportunity of appearing before the Inquiry Committee (whether in person or represented by counsel) to be heard on the proposed confirmation and modifications (if any) of the interim order; and
(b)sections 26E (except subsection (4)(b)), 26F and 26G(1)(a) apply with the necessary modifications.
(7)  The Inquiry Committee mentioned in subsection (5)(a) may recommend that the Board confirm or not confirm the interim order, with or without modifications, after considering —
(a)the facts which, in the Board’s opinion, justifies the confirmation of the interim order; and
(b)any representations or objections made by the registered person concerned with respect to the proposed confirmation and modifications (if any) of the interim order.
(8)  The Board may, after considering the recommendation of the Inquiry Committee under subsection (7) —
(a)confirm the interim order, with or without modifications; or
(b)not confirm the interim order.
(9)  In this section, “interim order” means an order which, if not confirmed in accordance with subsection (8), ceases to have effect at the end of such period (not exceeding 18 months) as the order may specify.
Division 4 — Inquiry Committees
Appointment of Inquiry Committees
26I.—(1)  Subject to this section, the Board may appoint from any persons one or more Inquiry Committees to inquire under section 26E into any complaint against, or information about, any registered person.
(2)  An investigator directed by an Inquiry Committee under section 26E(4)(a) to investigate into the facts and circumstances of any complaint against, or information about, a registered person must not be appointed a member of an Inquiry Committee inquiring into the same complaint or information.
(3)  To avoid doubt, a public officer in the Ministry of Health is not disqualified from being appointed a member of an Inquiry Committee by reason only that the person is such a public officer.
(4)  An Inquiry Committee may be appointed in connection with one or more matters or for a fixed period of time set by the Board.
(5)  The production of any written instrument purporting to be signed by the Board and making an appointment under this section is evidence that such appointment has been duly made.
Revoking appointment of Inquiry Committees, etc.
26J.—(1)  Subject to this section, the Board may —
(a)dissolve an Inquiry Committee, where the Board is satisfied that more than half of the members of the Inquiry Committee are unable to carry out their duties properly and effectively because of any conflict of interest or potential conflict of interest on the part of each member concerned; or
(b)remove a member of an Inquiry Committee, and appoint another person in place of that member, where the Board is satisfied that the member concerned is unable to carry out his duties properly and effectively because of any conflict of interest or potential conflict of interest.
(2)  Where any vacancy occurs in any Inquiry Committee because of the death or illness of, or other cause preventing, a member of the Inquiry Committee from continuing his duties on that Inquiry Committee, the Board may fill that vacancy by making an appointment in accordance with section 26I.
(3)  The production of any written instrument purporting to be signed by the Board and —
(a)dissolving an Inquiry Committee mentioned in subsection (1)(a); or
(b)removing or replacing a member of an Inquiry Committee mentioned in subsection (1)(b),
is evidence that such dissolution, removal or replacement (as the case may be) has been duly made.
Confidentiality of information
26K.—(1)  A person to whom this section applies must not disclose any information contained in any document as may have come to the person’s knowledge in the course of any inquiry under this Part unless the disclosure is made —
(a)under or for the purpose of administering this Act or its subsidiary legislation or the Infectious Diseases Act (Cap. 137); or
(b)for any other purpose with the consent of the person to whom the information relates.
(2)  A person to whom this section applies who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)  This section applies to —
(a)an investigator directed by any Inquiry Committee under section 26E(4)(a) to investigate any complaint against, or information about, a registered person;
(b)a member of any Inquiry Committee; and
(c)a member.”.
Repeal and re‑enactment of sections 28, 29 and 30 and new section 30A
12.  Sections 28, 29 and 30 of the principal Act are repealed and the following sections substituted therefor:
“Investigators
28.  The Board may, in writing, appoint a member or an employee of the Board, a public officer or any other person as an investigator, subject to such conditions and limitations as the Board may specify.
Powers for enforcement purposes
29.—(1)  This section provides for the enforcement powers which an investigator may exercise for any of the following purposes:
(a)investigating into an offence under this Act or its subsidiary legislation;
(b)investigating into any complaint or information under Part IVA;
(c)determining whether any information provided to the Board under this Act or its subsidiary legislation is correct.
(2)  Subject to subsection (4), the following are the enforcement powers that an investigator may exercise in relation to a place for a purpose in subsection (1):
(a)to enter the place;
(b)to search the place and any thing in or on the place;
(c)to examine or observe any activity conducted in or on the place;
(d)to inspect and examine any thing in or on the place;
(e)to make any still or moving image or any recording of the place or any thing in or on the place;
(f)to inspect any document or record in the place and to take extracts from, or make copies of, any such document or record;
(g)to take into or onto the place such equipment and materials as the investigator requires for the purpose of exercising enforcement powers in relation to the place;
(h)to operate electronic equipment in or on the place;
(i)to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place during the exercise of enforcement powers and the investigator believes on reasonable grounds that —
(i)the thing is evidential material, or is intended to be used for the purpose of contravening any provision of this Act or its subsidiary legislation or any condition of the registration of any registered person; and
(ii)it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;
(j)to seize any document, record or thing which is found in or on the place during the exercise of enforcement powers that the investigator reasonably suspects is evidential material;
(k)to require any person found in or on the place to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information.
(3)  In addition, an investigator may —
(a)for any purpose in subsection (1), require any person in Singapore whom the investigator has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the investigator to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information; or
(b)for the purpose in subsection (1)(b), invite the registered person, within the period specified in the written notice mentioned in section 26F(1) (which must not be less than 21 days starting on the date of the notice), to give to the investigator any written explanation the registered person wishes to provide.
(4)  However, an investigator is not authorised by this section —
(a)to enter a place;
(b)to search a place or any thing in or on a place; or
(c)to seize any thing in or on a place,
for the purpose mentioned in subsection (1)(b) unless —
(d)the occupier of the place consents to the entry, search or seizure, as the case may be;
(e)the investigator believes on reasonable grounds that there is an imminent or immediate danger of serious bodily injury or death to any individual who is receiving or is about to receive any treatment at the place; or
(f)the entry, search or seizure (as the case may be) is made under a warrant of a court.
(5)  The power under subsection (2)(h) to operate electronic equipment in or on any place includes the power —
(a)to use a disc, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;
(b)to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and
(c)to operate electronic equipment in or on the place to transfer the relevant data to a disc, tape or other storage device that —
(i)is brought to the place for the exercise of the power; or
(ii)is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,
and to remove the disc, tape or other storage device from that place.
(6)  The power under subsection (2)(i) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —
(a)to secure the thing by locking it up, placing a guard or any other means; or
(b)to prohibit any person from dealing with the thing.
(7)  The power under subsection (2)(j) to seize any document, record or thing under warrant includes the power to seize any document, record or thing which is similarly so found that is not evidential material of the kind specified in the warrant if —
(a)in the course of searching for the kind of evidential material specified in the warrant, the investigator finds the document, record or thing; and
(b)the document, record or thing is evidential material for another offence under this Act or its subsidiary legislation.
(8)  However, a person is not subject to a requirement under subsection (2)(k) or (3)(a) if the person —
(a)does not possess the document, record or information required; or
(b)has taken all reasonable steps available to the person to obtain the document, record or information required and has been unable to obtain it.
(9)  A statement made by a person in answer to a question under subsection (2)(k) or (3)(a) must —
(a)be reduced to writing;
(b)be read over to the person;
(c)if the person does not understand English, be interpreted in a language that the person understands; and
(d)after correction (if necessary), be signed by the person.
(10)  An investigator may be assisted by other individuals in exercising enforcement powers under this section if that assistance is necessary and reasonable.
(11)  In this section, “place” means any premises which are used, or in respect of which there are reasonable grounds to believe are being or have been used, by any person —
(a)to carry out any prescribed practice of traditional Chinese medicine; or
(b)to keep any document, record or thing used in connection with the carrying out of any prescribed practice of traditional Chinese medicine.
False information and obstruction of performance of official duties
30.—(1)  If —
(a)a person provides a document or record or gives information (whether orally or in writing) to an investigator;
(b)the document or record is provided, or the statement is made or the information is given, for or in connection with any purpose under this Act or its subsidiary legislation;
(c)the document, record, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; and
(d)the person knows, or ought reasonably to know, that the document or record is false or misleading, or that the statement or information is as described in paragraph (c),
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(2)  Subsection (1) does not apply if the document, record, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.
(3)  A person who knowingly obstructs or prevents, or attempts to obstruct or prevent, an investigator in the discharge of the investigator’s powers or duties under this Act or its subsidiary legislation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  A person —
(a)who intentionally alters, suppresses or destroys any document, record or information which the person has been required by or under section 29(2)(k) or (3)(a) to provide; or
(b)who, in providing any document, record or information required by or under section 29(2)(k) or (3)(a), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(5)  A person who, without reasonable excuse, fails to do anything required of the person under section 29(2)(k) or (3)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(6)  To avoid doubt, for the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to produce any document or record, provide any information or answer any question if doing so might tend to incriminate that person.
Disposal and forfeiture of seized documents, records and things
30A.—(1)  Any document, record or thing seized under section 29(2)(j) must —
(a)where the document, record or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code (Cap. 68);
(b)where the owner of the document, record or thing consents to its disposal, be deemed to be forfeited; or
(c)in any other case —
(i)be returned to the owner; or
(ii)be reported to a Magistrate’s Court.
(2)  Where the seizure of any document, record or thing under section 29(2)(j) is reported to a Magistrate’s Court under subsection (1)(c)(ii), the Magistrate’s Court may order the document, record or thing —
(a)to be forfeited; or
(b)to be disposed of in such manner as the Magistrate’s Court thinks fit.
(3)  Subject to any order to the contrary by the Magistrate’s Court, any document, record or thing forfeited or deemed to be forfeited under this section must be delivered to the Board and must be disposed of in such manner as the Registrar thinks fit.
(4)  This section does not affect any right to retain or dispose of any property which may exist in law apart from this section.”.
Amendment of section 31
13.  Section 31 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:
“(1)  All fees, penalties and other moneys payable under this Act that are not paid are recoverable as a debt due to the Board.
(1A)  Subject to subsection (1B), all fees and other moneys collected or recovered by the Board under this Act must be paid to the Board.
(1B)  All penalties and composition sums collected by the Board under this Act must be paid into the Consolidated Fund.”.
New section 34A
14.  The principal Act is amended by inserting, immediately after section 34, the following section:
“Composition of offences
34A.—(1)  The Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)one half of the amount of the maximum fine that is prescribed for the offence;
(b)$2,000.
(2)  On payment of such sum of money, no further proceedings are to be taken against that person in respect of the offence.”.
Amendment of section 36
15.  Section 36(2) of the principal Act is amended —
(a)by inserting, immediately after paragraph (d), the following paragraphs:
“(da)provide for the appointment of members to and composition of an Inquiry Committee;
(db)prescribe the procedures to be followed by, and regulate the conduct of, any inquiry by an Inquiry Committee, including, for the purposes of any hearing before the Inquiry Committee —
(i)enabling the Inquiry Committee to order and give discovery and inspection of documents; and
(ii)enabling any party to the inquiry to issue subpoenas to testify or subpoenas to produce documents;”; and
(b)by inserting, immediately after paragraph (e), the following paragraphs:
“(ea)provide for the grant and renewal of practising certificates, including prescribing requirements relating to continuing professional education for, and any other aspect of, the practice of traditional Chinese medicine for such grant and renewal;
(eb)regulate the professional practice, etiquette, conduct and discipline of registered persons;”.
Saving and transitional provisions
16.—(1)  Despite sections 7 and 12, sections 19, 28 and 29 of the principal Act as in force before the date of commencement of sections 7 and 12 continue to apply to and in relation to any complaint or matter in respect of which the Board may take action against a registered person where —
(a)an Investigation Committee has been appointed under section 28(1) of the principal Act before the date of commencement of those sections; and
(b)the Investigation Committee has not completed its investigation of the complaint or matter and has not reported its findings to the Board before the date of commencement of those sections.
(2)  Despite section 9, section 21 of the principal Act as in force before the date of commencement of section 9 continues to apply to and in relation to a decision of the Board under section 19(1) or (2) of the principal Act made before that date.
(3)  For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
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Last updated 20 Apr 2024
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