Singapore legislation
Section 23
Section 23
Power of Council to strike name off register
(1)
If any person registered, whether provisionally or otherwise, under this Act is convicted of any heinous offence or, after due inquiry by the Medical Council, is deemed by the Council to have been guilty of infamous conduct in any professional respect, the Medical Council may order the name of that person to be removed from the register.
(2)
The Registrar shall forthwith give to the person concerned notice in writing of the removal of his name from the register.
(3)
Subject to this section, if any registered medical practitioner is guilty of infamous conduct in any professional respect, the Medical Council may, instead of invoking subsection (1) relating to the removal of a person’s name from the register, impose all or any of the following penalties on the offending person:
censure him;
require him to give such undertaking as the Medical Council thinks fit to abstain in future from the conduct complained of;
suspend his registration either conditionally or absolutely for a period of not less than 3 months and not more than 12 months.
(4)
The suspension of the registration of any person whose registration has been suspended may at any time and for such reason as the Medical Council thinks fit, by order of the Medical Council be annulled and the effect of any such annulment shall be as the Medical Council determines.
(5)
While any order of suspension of registration under this section remains in force, the person concerned shall not be regarded as being registered but forthwith on the expiry or annulment of such order, his rights and privileges as a registered medical practitioner shall be revived as from the date of such expiry or annulment.
(6)
Before suspending the registration of any person or taking any proceeding under subsection (3) against any person, the Medical Council shall —
give to that person, by registered post, addressed to the last known place of residence or business of that person at least 14 days’ notice in writing of the complaint against him and of the day, time and place fixed for hearing the complaint; and
hold full inquiry into the matter of the complaint and afford that person an opportunity of giving an explanation personally or in writing.
(7)
The Medical Council may in any proceedings where any person is found guilty of infamous conduct in any professional respect make such order as to payment of costs of the proceedings as to it seems fit.
(8)
A person who has been suspended from registration pursuant to this section shall have the right of appeal to the High Court against the order of suspension and on any such appeal the Court may make such order as it thinks proper having regard to the merits of the case and the public welfare.
(9)
Any such appeal shall be in the nature of a rehearing and shall be made in accordance with the Rules of Court.
(10)
An order of suspension shall not take effect until the expiration of a period of 21 days after notification by the Medical Council to the registered medical practitioner of the making of such order.
(11)
If within such period the registered medical practitioner gives due notice of appeal to the High Court, such order shall not take effect unless the order is confirmed by the Court or the appeal is for any reason dismissed by that Court.
(12)
Unless the High Court otherwise orders, the period of suspension named in the order appealed from shall commence on the day that the order commences to have effect.