Clause 12

This section provides for the enforcement powers which an investigator may exercise for any of the following purposes:

investigating into an offence under this Act or its subsidiary legislation;

investigating into any complaint or information under Part IVA;

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):

to enter the place;

to search the place and any thing in or on the place;

to examine or observe any activity conducted in or on the place;

to inspect and examine any thing in or on the place;

to make any still or moving image or any recording of the place or any thing in or on the place;

to inspect any document or record in the place and to take extracts from, or make copies of, any such document or record;

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;

to operate electronic equipment in or on the place;

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 —

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

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;

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;

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 —

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

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 —

to enter a place;

to search a place or any thing in or on a place; or

to seize any thing in or on a place,for the purpose mentioned in subsection (1)(b) unless —

the occupier of the place consents to the entry, search or seizure, as the case may be;

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

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 —

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;

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

to operate electronic equipment in or on the place to transfer the relevant data to a disc, tape or other storage device that —

is brought to the place for the exercise of the power; or

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 —

to secure the thing by locking it up, placing a guard or any other means; or

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 —

in the course of searching for the kind of evidential material specified in the warrant, the investigator finds the document, record or thing; and

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 —

does not possess the document, record or information required; or

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 —

be reduced to writing;

be read over to the person;

if the person does not understand English, be interpreted in a language that the person understands; and

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 —

to carry out any prescribed practice of traditional Chinese medicine; or

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 duties30.—

If —

a person provides a document or record or gives information (whether orally or in writing) to an investigator;

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;

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

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 —

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

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 things30A.—

Any document, record or thing seized under section 29(2)(j) must —

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);

where the owner of the document, record or thing consents to its disposal, be deemed to be forfeited; or

in any other case —

be returned to the owner; or

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 —

to be forfeited; or

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.”.