Infectious Diseases Bill

“baggage” means the personal effects of a traveller or of a crew member of a vessel;

“building” means any house, hut, shed or roofed enclosure, whether intended for the purpose of human habitation or otherwise, and any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge;

“carrier”, in relation to any infectious disease, means any person who is harbouring or is likely to or is suspected to harbour the agents of that disease;

“Commissioner” means the Commissioner of Public Health appointed under section 4 of the Environmental Public Health Act (Cap. 155) and includes a Deputy Commissioner of Public Health and an Assistant Commissioner of Public Health appointed under the said section;

“contact”, in relation to any infectious disease, means any person who has been exposed to the risk of infection from that disease;

“crew” includes any person who is on board a vessel not for the sole purpose of travelling from one place to another but who is employed in the vessel’s service or in connection with its cargo;

“dangerous infectious disease” means any of the diseases set out in the Second Schedule;

“Director” means the Director of Medical Services and includes a Deputy Director of Medical Services and an Assistant Director of Medical Services;

“food establishment” means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or not, intended for human consumption;

“Health Officer” means any medical practitioner in the service of the Government who for the time being is carrying out the duties of a Health Officer arising out of or is connected with this Act or with the rules and regulations made thereunder;

“infected” means infected with the germs of an infectious disease;

“infectious disease” means any disease set out in the First Schedule;

“isolation”, in relation to a person or group of persons, means the separation of that person or group of persons from any other persons, except the health staff on duty, in such a manner as to prevent the spread of infection, and “isolated” has a corresponding meaning;

“master”, in relation to a vessel, means the person for the time being in charge or command of the vessel;

“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act (Cap. 218);

“Minister” means —

“nurse” means a nurse registered or enrolled under the Nurses and Midwives Act, 1975 (Act 16 of 1975);

“occupier”, in relation to any premises or vessel, means the person in occupation of the premises or vessel or having the charge or control thereof either on his own account or as an agent of another person;

“owner”, in relation to any premises or vessel, means the person for the time being receiving the rent of the premises or vessel whether on his own account or as agent, trustee or receiver or who would receive the same if the premises or the vessel were let or chartered;

“port” means any place in Singapore and any navigable river or channel leading into such place declared to be a port under the Port of Singapore Authority Act (Cap. 173) and includes an airport;

“Port Health Officer” means any Health Officer in charge of a port and includes his deputies and assistants;

“pratique”, in relation to a vessel, means the written permission granted by a Port Health Officer to the vessel to disembark and commence operation;

“premises” means messuages, buildings, lands, easements and hereditaments of any tenure whether open or enclosed, whether public or private and whether maintained or not under statutory authority, and includes any place or structure or any part thereof used or intended to be used for human habitation or for employment or any other purpose whatsoever;

“public health auxiliary” means a public health inspector, an assistant public health inspector or a public health overseer in the service of the Government;

“quarantine” means the compulsory detention in isolation for the purpose and under the provisions of this Act or any regulations made thereunder of any ships, persons, goods, things, animals or plants;

“quarantine anchorage” means any area of the port which has been appointed for the time being for the quarantine of vessels and declared to be a quarantine anchorage by the Port of Singapore Authority;

“quarantine station” means any island, building or place where quarantine is carried out;

“surveillance” means the subjection of a person or persons to periodical medical examinations or observations with a view to ascertaining his or their state of health;

“vessel” means any ship, boat, aircraft or a vessel of any description used in navigation by sea or air.

The parent or guardian of every child in Singapore shall ensure that the child is vaccinated against the diseases set out in the Fourth Schedule.

The Registrar of Births and Deaths shall immediately after the registration of the birth of a child issue to the parent or guardian of the child a notice in the prescribed form requiring the child to be vaccinated against the diseases to which this section applies.

No vaccination or intradermal test shall be carried out except by a medical practitioner, or by a nurse employed by the Government or working under the supervision of a medical practitioner.

Every medical practitioner shall —

If any medical practitioner is of the opinion that any person is not fit to be vaccinated, he shall forthwith deliver to that person or in the case of a child to the parent or guardian of the child a certificate in the prescribed form.

Such certificate shall remain in force for such period as may be prescribed.

Before the expiry of the prescribed period the person shall go, or the parent or guardian of the child shall take or cause the child to be taken, to a medical practitioner who shall then examine and vaccinate the person or child or give a further exemption certificate in respect of that person or child in such form as may be prescribed.

Any medical practitioner who issues a certificate under this section shall immediately send a copy thereof to the Director.

The Minister may, by notification in the Gazette, suspend all or any of the provisions of this Part during an epidemic of any infectious disease.

The Minister shall, on the termination of such epidemic, by notification in the Gazette restore such provisions of this Part that he has suspended and order all persons affected by such suspension to perform within such time as he may specify all acts as remained to be performed by reason of such suspension.

International certificates of vaccination shall be issued only by such medical practitioners as may be permitted by the Director.

The grant of such permission shall be in the discretion of the Director and may be granted, renewed or refused without any reason for such grant, renewal or refusal being assigned and may be granted or renewed subject to such restrictions and conditions as the Director may think fit and shall be subjected to suspension at any time and without notice upon breach of any restriction or condition subject to which it was issued, or upon contravention of any provision of this Act or any regulations made thereunder.

The Director shall, subject to any general or special directions of the Minister, be responsible for the administration of Parts III and V.

The Commissioner shall, subject to any general or special directions of the Minister, be responsible for the administration of Part IV.

The appropriate Minister may, by notification in the Gazette, direct that the powers conferred on the Director under Part III be exercised by the Commissioner in relation to such matters as may be specified in the notification; and for the purposes of exercising the powers under Part III in relation to such matters any reference to the Director in that Part shall be construed as a reference to the Commissioner.

The Commissioner or the Director may, subject to such conditions or restrictions as he thinks fit, delegate to any Health Officer all or any of the powers conferred on him by this Act.

The Deputy Commissioners of Public Health and the Assistant Commissioners of Public Health shall have and may exercise all the powers of the Commissioner under this Act subject to such conditions or restrictions as may be imposed by the Commissioner.

Every medical practitioner who has reason to believe or suspect that any person attended or treated by him is suffering from an infectious disease or is a carrier of such disease shall forthwith give notice in the prescribed form to the Director.

Every person in charge of a laboratory used for the diagnosis of disease who becomes aware of the existence of an infectious disease in the course of his work shall forthwith give notice in the prescribed form to the Director.

Any person who is aware or who suspects that any other person is suffering or has died from or is a carrier of an infectious disease shall forthwith give notice in the prescribed form to the Director.

Any person who is required to notify the Director under this section shall give any other particulars required by the Director so far as they can be reasonably ascertained by him or are within his knowledge.

Any person who fails to comply with the requirements of this section or furnishes as true information which he knows or has reason to believe to be false shall be guilty of an offence.

When any person who is charged with failing to comply with the requirements of subsection (1), (2) or (3) in relation to the notification of an infectious disease, he shall be presumed to have known of the existence of the disease unless he proves to the satisfaction of the court that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

The Director may from time to time undertake epidemiological surveys of people, animals or vectors in order to determine the existence, prevalence or incidence of any infectious disease.

In investigating an infectious disease the Director may require —

Any person who fails without reasonable excuse to furnish any information or to submit to any medical examination required under this section shall be guilty of an offence.

The Director may require any person who is a contact of or who is likely to spread an infectious disease to be medically examined at such intervals and place as he considers necessary.

The Director may require any person who is suffering from an infectious disease or is a carrier of such disease to undergo appropriate treatment in a hospital or any place specified by the Director.

The Director may order the removal of any person who fails to comply with the requirements of the Director under this section to a hospital or place where such person may be detained until he is free from infection.

The Director may by order prescribe any general or specific measures or procedures for investigating into any infectious disease and for the treatment of any infected person, and all medical practitioners shall comply with such order.

A medical practitioner who fails to comply with the provisions of any order under subsection (1) shall be guilty of an offence.

The Director may, by notice in writing, require the owner or occupier of any premises or vessel to cleanse or disinfect it or destroy any insects, rats or other vermin found therein in the manner and within the time specified in the notice.

Any owner or occupier who fails to comply with the requirements of the notice served under subsection (1) shall be guilty of an offence.

Without prejudice to any proceedings under subsection (2), where a notice issued by the Director under subsection (1) has not been complied with, a public health auxiliary or a person authorised in that behalf by the Director may enter the premises or vessel to which the notice relates and take or cause to be taken such measures as have been specified in the notice; and the cost and expenses thereby incurred shall be paid by the person in default and may be recovered as a debt due to the Government.

The Director may impose such conditions as he thinks fit for the collection, removal and disposal of the body of any deceased person who has died from an infectious disease.

Any person who fails to comply with the conditions imposed by the Director under subsection (1) shall be guilty of an offence.

The Director may order the removal of any person who is a case or carrier or contact, or is suspected to be a case or carrier or contact of an infectious disease, for detention and isolation in a hospital or in any other suitable place for such period as the Director considers necessary.

If, in the opinion of the Director, any person suffering from an infectious disease can be properly attended to in his own dwelling place, the Director may permit that person to remain and be treated there for such period of time and subject to such conditions as he may determine.

The Director may, in his discretion, order any person who is or is suspected to be a case or carrier or contact of an infectious disease to undergo surveillance for such period as the Director thinks fit.

Any person subjected to surveillance by the Director who fails to comply with any condition or requirement relating to his surveillance imposed by the Director shall be guilty of an offence.

Any person who, being under isolation or subjected to surveillance under the provisions of this Act or any of the regulations made thereunder, escapes or fails to present himself for examination or treatment as required by the Director may be arrested without warrant by any officer authorised by the Director and detained in any hospital or place for such period as may be determined by the Director.

Any person who, being under isolation on the order of the Director under any of the provisions of this Act escapes or attempts to escape from the hospital or place in which he is detained shall be guilty of an offence.

If, in the opinion of the Director, a building is so overcrowded as to expose the occupants thereof to the risk of infection by an infectious disease, he may, by notice in writing, direct the owner or occupier of the building to abate the overcrowding or to close the building or part thereof within the time specified in the notice.

When a building or any part thereof has been directed to be closed under subsection (1), any person who enters the building or the part thereof without the permission of the Director shall be guilty of an offence.

If the Director suspects that any food establishment is the source of or is responsible for the transmission of an infectious disease, he may, by notice in writing, order the closure of the food establishment and prohibit the sale or distribution of the food or water found therein for such period as may be specified in the notice.

Any person aggrieved by any order of the Director under subsection (1) may appeal within seven days from the date of the order to the Minister whose decision thereon shall be final.

Where it appears to the Director that the holding of any meeting, gathering or any public entertainment is likely to increase the spread of any infectious disease, the Director may prohibit such meeting, gathering or entertainment in any place.

Any person who holds, is present at or has taken part in any meeting, gathering or entertainment in contravention of a prohibition by the Director shall be guilty of an offence.

The Director may, by order in writing, prohibit any person who is a case or carrier of an infectious disease, for any period specified therein from carrying on any occupation, trade or business in which that person is likely to cause the spread of the disease.

Any person who contravenes any order made under subsection (1) shall be guilty of an offence.

For the purposes of this Part all vessels, persons and articles coming from an infected area shall be deemed to be infected unless otherwise declared by the Commissioner.

A vessel and any person and article on board shall also be deemed to be infected if an infectious disease is found on board or if such infection was present amongst the crew, passengers, rodents or vectors on board the vessel.

The master and the surgeon, if there is one on board, or the agent of any vessel arriving in Singapore shall provide such particulars as may be required by the Commissioner or Port Health Officer in such form as may be prescribed.

Any master, surgeon or agent who fails to comply with subsection (1) or who provides any information which is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

The Commissioner or a Port Health Officer may —

Any person who fails to comply with any direction or requirement of the Commissioner or Port Health Officer under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars.

Any person who has given an undertaking in another country to report to a Port Health Officer in Singapore shall immediately on his arrival report accordingly and shall comply with all the directions of a Port Health Officer.

Any person who contravenes subsection (1) or fails to comply with the directions of a Port Health Officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars; and any deposit or guarantee made by such person may be forfeited.

Without prejudice to subsection (2), any such person who fails to report to a Port Health Officer or fails to comply with his directions shall be liable to be arrested without a warrant, to be isolated, disinfected or otherwise treated.

Every person on an international voyage whether leaving or arriving in Singapore shall have been vaccinated against any or all of the diseases in accordance with the requirements set out in the Third Schedule and shall produce valid international certificates of vaccination to a Port Health Officer.

Notwithstanding subsection (1) a Port Health Officer may require such person to be vaccinated and may subject him to isolation or surveillance for such period as the Port Health Officer thinks fit.

The Port Health Officer may in his discretion return any person, not being a citizen of Singapore, who refuses or fails to comply with subsection (2), to his place of origin or embarkation at the expense of the owner or agent of the vessel by which he arrived in Singapore.

The owner, master or agent of any vessel shall ensure compliance with the provisions of subsection (1) in respect of any person on board his vessel.

The Commissioner or a Port Health Officer may, in his discretion, order the disinfection and treatment of the clothes and personal effects of any infected person arriving in Singapore.

Any vessel or vehicle which has conveyed an infected person shall be cleansed, disinfected or treated in such manner as may be directed by the Commissioner or a Port Health Officer.

An infected ship shall anchor at a quarantine anchorage unless otherwise directed by a Port Health Officer and shall remain there until it has been granted pratique by a Port Health Officer.

An infected ship lying within the waters of Singapore shall show the appropriate quarantine signal prescribed by regulations unless otherwise directed by a Port Health Officer.

No person shall board or disembark from the ship while it lies at a quarantine anchorage, without obtaining the prior written permission of a Port Health Officer.

No baggage, cargo, or article may be discharged from a ship while it lies at a quarantine anchorage without the prior written permission of a Port Health Officer.

Any master or any other person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

The master of any infected vessel shall while it is subject to quarantine —

A master who fails to comply with any of the provisions of subsection (1) and any person aiding or abetting a master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

For the purposes of this section and section 29 “infected” means infected with a dangerous infectious disease.

A ship not granted pratique shall remain in the quarantine anchorage while in the waters of Singapore or may continue its voyage to other ports.

The master or agent of any ship which has not been granted pratique who suffers or permits the ship to be anchored or berthed in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

The master, owner or agent of any vessel whilst in Singapore shall —

Any master, owner or agent who fails to comply with any directions of the Port Health Officer under subsection (1) within the specified time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars and to a further fine not exceeding five hundred dollars for every day during which the offence is continued after conviction.

The master, owner or agent of every vessel and any person supplying food to such vessel shall ensure that the food and water supplied to the vessel is fit for human consumption.

The master, owner or any person in charge of any vessel or vehicle employed for carrying food or water intended for human consumption shall ensure that his vessel or vehicle and the food and water receptacles therein are in a clean and sanitary condition.

Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars.

The Commissioner or a Port Health Officer may —

Any person who fails to comply with an order of the Commissioner or a Port Health Officer under subsection (1) within the time specified therein shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

No person shall import or bring or cause to be imported or brought into Singapore any disease-causing organism or any vectors capable of transmitting a disease without first obtaining the written permission of the Commissioner.

Any person who contravenes the provision of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

The Commissioner, a Port Health Officer or any public health auxiliary authorised in that behalf by the Commissioner or a Port Health Officer may inspect and examine any articles, merchandise, baggage or cargo, on board any vessel, which are in his opinion infected or likely to be infected.

The Commissioner or Port Health Officer may order any infected articles, merchandise, baggage or cargo found on board the vessel to be —

Any person who fails to comply with an order of the Commissioner or Port Health Officer under subsection (2) or hinders or obstructs the execution of such order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars and any articles, merchandise, baggage or cargo to which the order relates may be confiscated, treated or disposed of at the discretion of the Commissioner or Port Health Officer.

No corpse or human remains or bones other than cremated ashes, shall be brought into or transhipped or exported from Singapore, unless accompanied by a medical certificate or other evidence showing the name of the deceased, the date and cause of death and the measures adopted to preserve the body, and such corpse or human remains or bones shall not be landed or transhipped or exported without the written permission of a Port Health Officer.

The owner, master or agent of any vessel shall ensure compliance with the provisions of subsection (1).

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars.

The master, owner or agent of a vessel shall provide such facilities and assistance as the Commissioner or a Port Health Officer may require in exercising his powers for the purpose of carrying out the provisions of this Act.

The master, owner or agent of a vessel shall take all reasonable measures and exercise due and proper care to ensure the safety of the Commissioner or a Port Health Officer and their staff in the course of their work on board the vessel.

Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

The master, owner and agent of any vessel which has been ordered into quarantine or of any vessel from which any person is removed for quarantine shall be responsible for the removal, care and maintenance, conveyance and medical surveillance of all persons on board the vessel and the provision of such services as the Commissioner or a Port Health Officer considers necessary to ensure the satisfactory performance of the quarantine of the vessel and the persons on board.

The master, owner or agent of any vessel which has been ordered into quarantine or to be cleansed, fumigated, disinfected or otherwise treated, shall pay the costs and expenses of removal of any cargo and goods from the vessel incurred in the cleansing, fumigation, disinfection or treatment of the vessel.

The master, owner or agent of the vessel may make arrangement with the Commissioner or a Port Health Officer for the carrying out of any of the responsibilities under this section and for the payment of the costs and expenses thereof.

The Commissioner or a Port Health Officer may take any action he considers necessary to ensure that the vessel or any person or articles on board performs the quarantine satisfactorily and any expenses incurred thereby shall be recoverable from the owner or agent of the vessel as a debt due to the Government.

The Commissioner or a Port Health Officer may require the master, owner or agent of the vessel to give such security as he thinks necessary to ensure that the master, owner or agent of the vessel will carry out his responsibilities under this section satisfactorily.

Any person duly authorised by the Commissioner or the Director may at any time and, if need be, by force enter into any premises or vessel in which a person who is or is reasonably suspected to be a case or carrier or contact of any infectious disease is or has recently been present for the purpose of preventing the spread of the infectious disease.

For the purpose of carrying out any provision of this Act or the regulations made thereunder, the Commissioner may requisition for such period as he thinks necessary any vehicle or vessel and the owner of the vehicle or vessel shall be entitled to a reasonable compensation for the use and detention of the vehicle or vessel.

Any place, which in the opinion of the Director, is suitable for the isolation and treatment of persons who are or are reasonably suspected to be cases or carriers or contacts of an infectious disease may be requisitioned by the Director and used for such purpose if unoccupied, without notice, and if occupied, after a written notice has been served on the owner or occupier or posted in a conspicuous position at the place; and the owner or occupier shall be entitled to a reasonable compensation for the occupation of the place during the period of requisition.

Any police officer, any public health auxiliary or any public officer authorised in writing in that behalf by the Commissioner or the Director may arrest any person committing or who he has reason to believe has committed any offence punishable under this Act or any regulations made thereunder —

A person arrested under this section may be detained until his name and address are correctly ascertained:Provided that no person so arrested shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained.

Any person who is required by any police officer or by any public officer authorised in that behalf by the Commissioner or the Director shall on demand give his name and address and other proof of identity to the police officer or public officer, as the case may be.

The occupier of any premises shall, if required by any police officer or by a public officer authorised in that behalf by the Commissioner or the Director give his name and address and other proof of identity and the name and address of the owner of the premises, if known.

Any person who fails to comply with any requirement properly made to him by a police officer or public officer under subsection (1) or (2), or wilfully mis-states his name and address or the name and address of the owner of any premises, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars.

The Director may, with the approval of the Minister, formulate and implement emergency measures for the control of an infectious disease in any area; such measures shall be published in the Gazette before implementation.

Any person who wilfully neglects or refuses to carry out or obstructs the execution of any measures formulated and implemented under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

Any notice, order or other document required or authorised by this Act or any regulations made thereunder to be served on any person may be served —

Any notice, order or other document required by this Act or any regulations made thereunder to be served on the owner or occupier of any premises or vessel or on the master of any vessel shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” or “master” of such premises or vessel, as the case may be, without specifying any further name or description.

A notice, order or other document required by this Act or any regulations made thereunder to be served on the owner or occupier of any premises may be served by delivering it to some adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.

All records, registers and other documents kept by the Commissioner or the Director or by any public officer for the purposes of this Act or any regulations made thereunder shall be deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts, as the case may be, subscribed by such officer with his name and his official title shall be admissible in evidence as proof of the contents of such documents or extracts therefrom.

In any proceedings for the recovery of costs and expenses incurred by the Commissioner or the Director, a certificate purporting to be under the hand of the Commissioner or the Director and specifying the costs and expenses claimed as due and payable and the person named in the certificate as liable for the payment thereof shall be prima facie evidence of the facts certified therein and of the signature of the Commissioner or the Director thereto, as the case may be.

The appropriate Minister may make regulations for carrying out the purposes and provisions of this Act for which he is responsible and, in particular and without prejudice to the generality of the foregoing, for or in respect of all or any of the following matters: —

The appropriate Minister may, in making any regulations, provide that any contravention of or failure to comply with any regulations shall be an offence punishable with a fine not exceeding five thousand dollars.