Act does not prevent specified removal of organ, etc.
26. Nothing in this Act applies to or in relation to —(a)
the removal of any organ from the body of a living person in the course of a procedure or an operation carried out, in the interests of the person’s health, by a medical practitioner with the consent, express or implied, given by or on behalf of the person or in circumstances necessary for the preservation of the person’s life;
(b)
the use of any organ so removed;
(c)
the embalming of the body of a deceased person; or
(d)
the preparation, including the restoration of any disfigurement or mutilation, of the body of a deceased person for the purpose of interment or cremation.[16
Offences in relation to removal of organ
27.—(1) No person is to remove any organ from the body of a deceased person for the purpose mentioned in section 4(1) except pursuant to the authority given under Part 2.
(2) Any person who contravenes subsection (1) 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.[17
Disclosure of information
28.—(1) Subject to this section, a person must not disclose or give to any other person any information or document whereby the identity of a person —(a)
from whose body any organ has been removed for the purpose of transplantation;
(b)
with respect to whom or with respect to whose body a consent or an authority has been given under this Act; or
(c)
into whose body any organ has been, is being, or may be, transplanted,
may become publicly known.
(2) Subsection (1) does not apply to or in relation to any information disclosed —(a)
for the purpose of administering and enforcing this Act;
(b)
for the purpose of referring any complaint or information concerning any registered medical practitioner under section 39(1) of the Medical Registration Act 1997;
(c)
pursuant to an order of a Court or when otherwise required by law;
(d)
for the purposes of hospital administration or bona fide medical research;
(e)
with the consent of the person to whom the information relates; or
(f)
when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged.
(3) Any person who contravenes subsection (1) 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.[18
Offences by bodies corporate, etc.
29.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may, by regulations, provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[18A
Composition of offences
30.—(1) The Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.[Act 11 of 2023 wef 01/05/2023]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[19
Amendment of Second Schedule
31.—(1) The Minister may, by order in the Gazette, amend, add to or vary the Second Schedule.
(2) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.[20
Regulations
32.—(1) The Minister may make regulations prescribing all matters that are required or permitted to be prescribed by this Act or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the Minister may make regulations for or with respect to —(a)
the forms and the fees for the purposes of this Act;
(b)
the appointment, functions, responsibilities and procedures of transplant ethics committees, and any other committee for purposes relating to the welfare and protection of organ donors and their families;
(c)
the preparation and the submission of such documents as may be prescribed; and
(d)
the regulation of organ transplant arrangements, the regulation or administration of payment of costs, expenses and loss of earnings in relation to the removal of any organ for the purpose of transplantation, and the operation of schemes granting medical benefits or privileges under section 13(4).[21
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
