Private Healthcare Facilities and Services Act 1998 · s 52

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52.  (1)  The Director General may, if it appears to him that the continued operation of any private healthcare facility or service would pose a grave danger to the public, by notice in writing order the closure of the private healthcare facility or service for such period and upon such term, condition or direction as he thinks fit or until further notice, and may take such other measures as are necessary to protect the public from grave danger.
(2)  Any order under subsection (1) shall be served on the licensee of such facility or service or the holder of a certificate of registration in respect of the facility or service or the person in charge of the facility or service and shall take effect from the date of service thereof.
(3)  A sole proprietor who fails to comply with the order served on him under subsection (1) commits an offence and shall be liable on conviction—
(a) to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and
(b) in the case of a continuing offence, to a fine of one thousand ringgit for every day or part of the day during which the offence continues after conviction.
(4)  A body corporate, partnership or society which fails to comply with the order served on it under subsection (1) commits an offence and shall be liable on conviction—
(a) to a fine not exceeding one hundred thousand ringgit; and

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(b) in the case of a continuing offence, to a fine of five thousand ringgit for every day or part of the day during which the offence continues after conviction.
(5)  Where an offence under subsection (1) is committed by a body corporate, a partnership or a society—
(a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, every partner in the partnership;
(c) in the case of a society, its office bearers, shall also be guilty of the offence and shall be liable on conviction—

(aa)  to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(bb)  in the case of a continuing offence, to a fine of one thousand ringgit for every day or part of the day during which the offence continues after conviction.

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s 52

(1)

The Director General may, if it appears to him that the continued operation of any private healthcare facility or service would pose a grave danger to the public, by notice in writing order the closure of the private healthcare facility or service for such period and upon such term, condition or direction as he thinks fit or until further notice, and may take such other measures as are necessary to protect the public from grave danger.

(2)

Any order under subsection (1) shall be served on the licensee of such facility or service or the holder of a certificate of registration in respect of the facility or service or the person in charge of the facility or service and shall take effect from the date of service thereof.

(3)

A sole proprietor who fails to comply with the order served on him under subsection (1) commits an offence and shall be liable on conviction—

(a)

to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(b)

in the case of a continuing offence, to a fine of one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(4)

A body corporate, partnership or society which fails to comply with the order served on it under subsection (1) commits an offence and shall be liable on conviction—

(a)

to a fine not exceeding one hundred thousand ringgit; and

Private Healthcare Facilities and Services 47

(b)

in the case of a continuing offence, to a fine of five thousand ringgit for every day or part of the day during which the offence continues after conviction.

(5)

Where an offence under subsection (1) is committed by a body corporate, a partnership or a society—

(a)

in the case of a body corporate, the person responsible for the body corporate;

(b)

in the case of a partnership, every partner in the partnership;

(c)

in the case of a society, its office bearers, shall also be guilty of the offence and shall be liable on conviction—

(aa)

to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(bb)

in the case of a continuing offence, to a fine of one thousand ringgit for every day or part of the day during which the offence continues after conviction.