Voluntary Sterilization Bill

Bill No. 41/1968

Read the first time on 3rd December 1968.

An Act to provide for the establishment of a Board to authorise treatment for voluntary sexual sterilization by registered medical practitioners, subject to certain safeguards, on medical, social or eugenic grounds, and to provide for such treatment in certain circumstances without the authority of the Board; to amend the Singapore Family Planning and Population Board Act, 1965 (No. 32 of 1965) and for matters connected therewith.

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 may be cited as the Voluntary Sterilization Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Duration of Act

2.—(1) This Act shall continue in force for a period of four years from the date of the coming into operation thereof:

Provided that the Minister may, from time to time by notification in the Gazette, extend such period for a further period of not more than one year.

(2) The expiry of this Act shall not affect the operation thereof in respect of things previously done or omitted to be done thereunder.

Interpretation

3. In this Act, unless the context otherwise requires —

“applicant” means a person of twenty-one years of age or over who applies to the Board requesting authorisation for treatment for sexual sterilization, and in the case of a person under twenty-one years of age means the parent or guardian of such person;

“approved institution” means any hospital, maternity home, clinic or other place approved by the Minister for the purposes of this Act;

“Board” means the Eugenics Board constituted under section 4 of this Act;

“Government hospital” means any hospital, maternity home or clinic under the control of the Minister;

“registered medical practitioner” means a person registered under the Medical Registration Ordinance (Cap. 191);

“treatment for sexual sterilization” means the surgical sterilization of a male or female that does not involve removal of the reproduction glands.

Establishment and composition of Board

4.—(1) For the purposes of this Act, there shall be established a Board to be called “the Eugenics Board”.

(2) The Board shall consist of five members of whom —

(a)	one shall be a person possessing the qualifications required for a District Judge under section 56 of the Subordinate Courts Ordinance (Cap. 3), who shall be Chairman;
(b)	two shall be persons who are registered medical practitioners one of whom shall be employed in the public service; and
(c)	two to be appointed by the Minister one of whom has had experience in social welfare work.

(3) Letters of appointment of the members of the Board under paragraphs (a), (b) and (c) of subsection (2) of this section shall issue from the Minister.

(4) The Chairman shall preside at all meetings of the Board and shall have a right to vote on any question coming before or arising at any meeting of the Board and in the absence of the Chairman such member, as the members present may elect, shall act as Chairman.

(5) The members of the Board appointed by the Minister under the provisions of paragraphs (a), (b) and (c) of subsection (2) of this section shall, unless an appointment is revoked by the Minister under the provisions of subsection (6) of this section or unless they resign during their term of office, hold office for a period of three years or for such shorter period, as the Minister may, in any case, determine.

(6) The Minister may at any time revoke the appointment of any member of the Board appointed under paragraphs (a), (b) and (c) of subsection (2) of this section.

(7) If a vacancy occurs in the membership of the Board by death, resignation, revocation of the appointment under subsection (6) of this section, or for any other cause, the Minister shall appoint a qualified person to fill the vacancy in accordance with subsection (2) of this section and any person so appointed shall hold office so long as the member in whose place he is appointed would have held office.

(8) The quorum at all meetings of the Board shall be three members present, and no business shall be transacted unless a quorum is present.

(9) All questions coming before or arising at any meeting of the Board shall be decided by a majority of the members present and voting therein at that meeting of the Board, and in the case of an equality of votes the person presiding at the meeting shall have a second or casting vote.

(10) The Board shall not be precluded from holding any meeting or acting in any matter merely by reason of any vacancy or vacancies in its membership.

(11) The Minister may, by notification in the Gazette, vary the composition of the Board or the number of its members and provide in what manner additional members, if any, shall be appointed.

(12) The Board shall sit at such times and in such places as it may decide and, subject to this section, shall regulate its own procedure at meetings.

Treatment for sexual sterilization

5.—(1) Notwithstanding the provisions of any written law, but subject to the provisions of this section, it shall be lawful for a registered medical practitioner, acting on the authorisation of the Board, to carry out treatment for sexual sterilization.

(2) The Board may authorise treatment for sexual sterilization on any applicant of twenty-one years of age, or over, if —

(a)	such applicant applies to the Board in writing requesting treatment for sexual sterilization and giving consent to such treatment;
(b)	such request is accompanied by a consent in writing of the wife or husband, if there is one, of the applicant; and
(c)	such applicant is the father or mother, as the case may be, of three or more existing children.

(3) The Board may authorise treatment for sexual sterilization of a person under the age of twenty-one years if —

(a)	the parent or parents, if they are living, or the guardian of such person, if there is no parent living, applies in writing to the Board requesting such treatment and certifies consent to such treatment;
(b)	such person is afflicted with any hereditary form of illness that is recurrent, mental deficiency or epilepsy; and
(c)	the Board considers that the treatment is in the best interest of such person and of society generally.

(4) The Board shall not authorise treatment for sexual sterilization to be carried out unless a period of thirty days has elapsed from the date of the request in writing to the Board by the applicant for such treatment; and the applicant may at any time during that period and before the treatment is carried out withdraw his request for, or consent to, such treatment.

(5) At the time the request in writing is made by the applicant to the Board, and before the period of thirty days has begun to run, the Board shall interview the applicant and give to the applicant a full and reasonable medical explanation as to the meaning and consequences of such treatment and the applicant shall certify to the Board, in such form as the Board may decide, that he clearly understands the meaning and consequences of such treatment.

Treatment for sexual sterilization on medical or therapeutic grounds

6. Notwithstanding the provisions of subsection (1) of section 5 of this Act a registered medical practitioner, acting in consultation with another registered medical practitioner, may, without the authorisation of the Board, carry out treatment for sexual sterilization on any person where the registered medical practitioners are of the opinion, formed in good faith, that such treatment is necessary on medical or therapeutic grounds and such treatment shall be permitted under this Act and in such a case section 7 of this Act shall not apply to such treatment.

Sexual sterilization to be carried out in Government hospital, etc

7. Every treatment for sexual sterilization, other than treatment permitted under section 6 of this Act, shall be carried out in a Government hospital or in an approved institution.

Application to the Board

8.—(1) Every application to the Board for treatment for sexual sterilization shall be made by the applicant in person, shall be on the prescribed form and shall be accompanied by such medical certificate or other documents in support of the application as may be prescribed.

(2) Before considering an application for such treatment the Board may require the applicant to submit to a medical examination to be performed either by a member of the Board who is a registered medical practitioner, or by such other registered medical practitioner as the Board may appoint for the purpose.

(3) If the Board decides to grant an application for treatment for sexual sterilization made under this Act and the applicant has not withdrawn his request for or consent to such treatment within the period mentioned in subsection (4) of section 5 of this Act, it shall, as soon as practicable after the expiration of that period, inform the applicant by notice in writing that his application has been granted and in such notice shall specify the place at which and the date on which such treatment is authorised to be carried out.

(4) Where the Board authorises treatment for sexual sterilization under subsection (3) of section 5 of this Act it shall state on the prescribed application form the medical reasons which in its opinion make that treatment permissible and forward a copy of that statement to the Government hospital or the approved institution where that treatment is to be carried out. In any other case where the Board authorises such treatment it shall be sufficient for the Board to indicate in writing to the Government hospital or the approved institution where that treatment is to be carried out the name and address of the applicant and the date of the authorisation.

(5) Treatment for sexual sterilization, when authorised by the Board under this Act, may be carried out by any registered medical practitioner.

Privilege against disclosure of matters or treatment relating to sexual sterilization

9.—(1) No person who —

(a)	is concerned with an application to the Board or an authorisation by the Board for treatment for sexual sterilization;
(b)	is concerned with the keeping of records in connection with any such treatment; or
(c)	participates in any treatment for sexual sterilization,

shall, unless the applicant expressly gives consent thereto, disclose any facts or information relating to such treatment except to such persons and for such purposes as may be prescribed.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

Board’s power to inspect approved institutions and examine records, etc

10. The Board, or any public officer authorised by the Board for the purpose, shall have power to enter any approved institution for the purpose of ensuring that the provisions of this Act, and any regulations made thereunder, are being complied with and may examine and make copies or take extracts of any records or documents connected with any treatment for sexual sterilization authorised by the Board under this Act.

Amendment of the Singapore Family Planning and Population Board Act, 1965

11. Section 13 of the Singapore Family Planning and Population Board Act, 1965 (Act 32 of 1965), is hereby amended by inserting immediately after the expression “Abortion Act, 1968,” appearing in paragraph (d) of subsection (2) thereof the expression “or for persons requesting treatment for sexual sterilization under the Voluntary Sterilization Act, 1968,”.

Penalty for compelling any person to undergo treatment for sexual sterilization

12. Any person who, by means of coercion or intimidation, compels or induces another person against that person’s will to undergo treatment for sexual sterilization shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.

Immunity of registered medical practitioners

13.—(1) No registered medical practitioner shall be liable civilly or criminally for carrying out treatment for sexual sterilization authorised by the Board under this Act or permitted under section 6 of this Act unless such treatment was carried out in a negligent manner.

(2) No liability shall attach to the Board or the Government in respect of any authorisation given by the Board for treatment for sexual sterilization to be carried out under this Act.

Sexual sterilization not to constitute a grievous hurt under sections 87 and 320 of the Penal Code

14. For avoidance of doubt it is hereby declared that any treatment for sexual sterilization authorised by the Board under this Act or permitted under section 6 of this Act shall not constitute a “grievous hurt” under sections 87 and 320 of the Penal Code (Cap. 119).

Conscientious objection to participate in treatment for sexual sterilization

15. No person shall be under any duty whether by contract or by any statutory or legal requirement to participate in any treatment for sexual sterilization authorised by the Board under this Act to which he has a conscientious objection.

Charges for treatment for sexual sterilization

16.—(1) Where treatment for sexual sterilization is carried out in a Government hospital or in an approved institution the fee payable for such treatment shall be five dollars.

(2) Any additional hospital costs that may be incurred in the Government hospital or in the approved institution, where the treatment is carried out, shall be borne by the applicant.

(3) The Minister may from time to time by notification in the Gazette vary, either by way of increase or decrease, the fee payable for treatment specified in subsection (1) of this section.

Regulations

17.—(1) The Minister may make regulations for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Act and for prescribing any matter which is authorised or required under this Act to be so prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, the Minister may make regulations —

(a)	prescribing the form of application for treatment for sexual sterilization and such other certificates, documents, or information as may be required by the Board in support of an application;
(b)	providing for the preservation and disposal of records of treatment for sexual sterilization authorised under this Act and for the use of such records for statistical or research purposes so long as such use does not disclose the identities of the persons who have made applications to the Board for, or received treatment in respect of, sexual sterilization.

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