Clause 40

by deleting subsections (3) and (4) of section 12 and substituting the following subsections:“(3) The Director or authorised officer may, in order to —

ascertain whether the provisions of this Act or any regulations made thereunder are being complied with; or

assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment,exercise any of the following powers at any time:

by order in writing require any person —

to furnish any information within his knowledge; or

to produce any book, document, paper or other record, or any article or thing which may be in his custody or possession and which may be related to or be connected with the subject-matter of the investigation or assessment for inspection by the Director or authorised officer and for making copies thereof, or to provide copies of such book, document, paper or other record,and may, if necessary, further require such person to attend at a specified time and place for the purpose of complying with sub-paragraph (A) or (B);

by order in writing require the attendance before him of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation or assessment;

examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation or assessment, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him.(4) Any person who —

refuses or fails, without reasonable excuse, to furnish any information or thing to the Director or authorised officer in contravention of subsection (3); or

gives any false or misleading information,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 12 months or to both.”;

by deleting the word “or” at the end of section 13(2)(a)(iii); and

by inserting, immediately after sub-paragraph (iv) of section 13(2)(a), the following sub-paragraphs:“(v)the Health Products Act (Cap. 122D); or

the Medicines Act (Cap. 176);”.