Section 50
Disciplinary Tribunal
of Medical Registration Act 1997
(1)
The Medical Council may appoint one or more Disciplinary Tribunals, each comprising —
a chairman, from a panel appointed by the Minister, who is —
a registered medical practitioner of at least 20 years’ standing;
a person who has at any time held office as a Supreme Court Judge or a Judicial Commissioner;
an advocate and solicitor of at least 15 years’ standing as an advocate and solicitor; or
an officer in the Singapore Legal Service who has in the aggregate at least 15 years of full‑time employment in the Singapore Legal Service;
subject to paragraph (c)(ii), at least 2 registered medical practitioners of at least 10 years’ standing from among members of the Complaints Panel; and
where the chairman is a registered medical practitioner —
one observer from among members of the Complaints Panel who is a lay person; or
a member who is a person referred to in paragraph (a)(ii), (iii) or (iv), in lieu of one of the registered medical practitioners mentioned in paragraph (b),to inquire into any matter in respect of which a Complaints Committee has under section 49(2)(b) ordered that a formal inquiry be held or into any matter referred to the Disciplinary Tribunal under section 39(4).
(2)
A member of a Complaints Committee inquiring into any matter concerning a registered medical practitioner must not be a member of a Disciplinary Tribunal inquiring into the same matter.
(3)
The observer appointed under subsection (1)(c)(i) must not vote on any question or matter to be decided by the Disciplinary Tribunal and need not be present at every meeting of the Disciplinary Tribunal.
(4)
A Disciplinary Tribunal may be appointed in connection with one or more matters or for a fixed period of time as the Medical Council may think fit.
(5)
The Medical Council may at any time revoke the appointment of any Disciplinary Tribunal or may remove any member of a Disciplinary Tribunal or fill any vacancy in a Disciplinary Tribunal.
(6)
Without limiting subsection (5), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the Medical Council may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter.
(7)
The Disciplinary Tribunal so reconstituted or appointed under subsection (6) may, with the consent of the Medical Council and the registered medical practitioner to whom the complaint relates, and having regard to the evidence given, the arguments adduced and any order made during the proceedings before the previous Disciplinary Tribunal, hear and investigate the matter afresh.
(8)
The production of any written instrument purporting to be signed by the Medical Council and making an appointment, revocation or removal referred to in this section is evidence that such appointment or revocation has been duly made.
(9)
Every member of a Disciplinary Tribunal appointed under subsection (1) is to be paid such remuneration as the Medical Council may determine.
(10)
No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(11)
Subject to subsection (3), all members of a Disciplinary Tribunal must be personally present at any meeting thereof to constitute a quorum for the transaction of any business.
(12)
Subject to subsection (3), all members of a Disciplinary Tribunal present at any meeting thereof must vote on any question arising at the meeting and such question is to be determined by a majority of votes and, in the case of an equality of votes —
where the chairman is a registered medical practitioner, the chairman has a casting vote; or
where the chairman is not a registered medical practitioner, the question is to be determined by a majority of votes of the members of the Disciplinary Tribunal who are registered medical practitioners, and if there is no such majority of votes, the question must be resolved in favour of the registered medical practitioner under inquiry.