Singapore legislation
Clause 32
Clause 32
Powers of investigation by Public Guardian
(1)
The Public Guardian may, for the purpose of discharging his functions under this Act —
require any person who has any information which relates or is reasonably believed to relate to a person who lacks capacity to furnish the Public Guardian with such information;
require any person who has in his custody or under his control any document which relates or is reasonably believed to relate to a person who lacks capacity —
to furnish the Public Guardian with a copy of or an extract from the document; or
unless the document forms part of the records or other documents of a public authority or any court of competent jurisdiction, to furnish the Public Guardian with the document itself for his inspection; or
require any person referred to in paragraph (a) or (b) to attend at a specified time and place to furnish such information orally or in writing, or such documents or copies or extracts thereof, as the case may be.
(2)
The Public Guardian shall be entitled without payment to keep any copy or extract furnished under subsection (1).
(3)
Where a document furnished for inspection under subsection (1)(b)(ii) is not held by any person entitled to the custody of the document, the Public Guardian may keep it or deliver it to any other person who may be entitled to the custody thereof.
(4)
The Public Guardian shall at all times have full and free access to all buildings, places, books, papers and electronic computing or storage devices for the purpose of discharging his functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, papers or electronic computing or storage devices.
(5)
The Public Guardian may take possession of any book, paper or electronic computing or storage device referred to in subsection (4), and remove it from any building or place, where in his opinion —
the inspection, copying thereof or extraction therefrom cannot reasonably be performed without taking possession;
the book, paper or electronic computing or storage device may be interfered with or destroyed unless possession thereof is taken; or (c)the book, paper or electronic computing or storage device may be required as evidence in proceedings for an offence under this Act.
(6)
Any person who fails to comply with any requirement specified under subsection (1) 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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
(7)
If a person is charged with an offence for failing to comply with any requirement specified under subsection (1), it shall be a defence for him to prove that he had a reasonable excuse for failing to comply with such requirement.
(8)
Any person who —
knowingly or recklessly furnishes to the Public Guardian or an authorised officer any information or document which is false or misleading in a material particular; or
wilfully alters, suppresses, conceals or destroys any document or any part of such document which he is or may be required to furnish under this Act,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(9)
Nothing in this section shall —
compel a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him in that capacity; or
authorise the taking of any such document or other material which is in his possession.
(10)
Subject to subsection (11), the Public Guardian may disclose to another public officer any information received by him under or for the purposes of this Act, where the disclosure is made for any purpose —
connected with the discharge of the functions of the Public Guardian; and
of enabling or assisting that other public officer to discharge any of his functions.
(11)
Where any information disclosed to the Public Guardian under this Act is so disclosed subject to any express restriction on the disclosure of the information by the Public Guardian, the Public Guardian’s power of disclosure under subsection (10) shall, in relation to the information, be exercisable by him subject to any such restriction.