Huang Danmin v Traditional Chinese Medicine Practitioners Board: Professional Misconduct & TCM Practice
Huang Danmin, a registered Traditional Chinese Medicine (TCM) practitioner in Singapore, appealed to the High Court against the Traditional Chinese Medicine Practitioners Board’s decision to cancel his registration. The Board's decision was based on findings of professional misconduct related to improper treatment of a patient at his Johor Baru clinic, conviction under the Poisons Act, and failure to keep proper medical records at his Rochor Clinic. Tay Yong Kwang J dismissed the appeal, upholding the Board's decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal by TCM practitioner Huang Danmin against the Board's decision to cancel his registration due to professional misconduct. Appeal dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Huang Danmin | Appellant | Individual | Appeal Dismissed | Lost | Ismail Hamid |
| Traditional Chinese Medicine Practitioners Board | Respondent | Statutory Board | Decision Upheld | Won | Rebecca Chew Ming Hsien, Mark Cheng Wai Yuen |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ismail Hamid | Ismail Hamid & Co |
| Rebecca Chew Ming Hsien | Rajah & Tann LLP |
| Mark Cheng Wai Yuen | Rajah & Tann LLP |
| Koh Swee Yen | Wong Partnership LLP |
4. Facts
- The Appellant, a registered TCM practitioner, was accused of professional misconduct.
- The Appellant treated a patient with terminal rectal cancer at his Johor Baru clinic.
- The Appellant administered injections to the patient, which is against established TCM practice.
- The Appellant used an 'electro-thermal needle' machine on the patient's tumor.
- The Appellant was convicted under the Poisons Act for possessing scheduled poisons for sale without a valid license.
- The Appellant failed to keep proper medical records of the patient's treatment at his Rochor Clinic.
5. Formal Citations
- Huang Danmin v Traditional Chinese Medicine Practitioners Board, OS No. 849 of 2008/S, [2010] SGHC 152
6. Timeline
| Date | Event |
|---|---|
| Ms Eileen Tan Hui Kim filed complaint to the Board | |
| Joint inspection by the Board with HSA officers at Rochor clinic | |
| Health Sciences Authority submitted complaint | |
| Board made complaint | |
| Investigation Committee No. 2005/1 issued report | |
| Appellant made representations before the Board | |
| Board informed the Appellant of its decision to cancel his registration | |
| Judgment issued |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found the Appellant guilty of professional misconduct.
- Category: Substantive
- Sub-Issues:
- Improper treatment
- Failure to adhere to established TCM practice
- Breach of ethical code
- Related Cases:
- [2010] SGHC 51
- Extra-territoriality of Regulatory Statutes
- Outcome: The court held that section 19(1)(i) of the TCM Act extends to a TCM practitioner whenever and wherever he conducts himself as a Singapore registered TCM practitioner.
- Category: Jurisdictional
- Sub-Issues:
- Presumption against extra-territoriality
- Enforceability of statutes
- Comity among nations
- Related Cases:
- [1990] 1 SLR(R) 543
- [1986] Ch. 482
- [1999] 3 SLR(R) 377
- [2002] 3 All E.R. 994
- [2007] 4 SLR(R) 676
- [1990] 2 SLR(R) 12
8. Remedies Sought
- Appeal against cancellation of TCM practitioner registration
9. Cause of Actions
- Professional Misconduct
- Breach of Ethical Code
10. Practice Areas
- Healthcare Regulation
- Disciplinary Proceedings
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Pong Tek Yin | High Court | Yes | [1990] 1 SLR(R) 543 | Singapore | Cited regarding the presumption against extra-territoriality applying to offence creating statutes. |
| Mackinnon v Donaldson Lufkin & Jenrette Securities Corp | Chancery Division | Yes | [1986] Ch. 482 | United Kingdom | Cited regarding the presumption against extra-territoriality. |
| Parno v SC Marine Pte Ltd | Court of Appeal | Yes | [1999] 3 SLR(R) 377 | Singapore | Cited regarding the problems of enforceability when interpreting a statute to have extra-territorial effect. |
| Carson v Secretary of State for Work and Pensions | Court of Appeal (Civil Division) | Yes | [2002] 3 All E.R. 994 | United Kingdom | Cited regarding the rationale behind the presumption against extra-territoriality in terms of enforceability and comity. |
| Marinovich v General Medical Council | Privy Council | Yes | [2002] UKPC 36 | United Kingdom | Cited as an example of courts finding that disciplinary tribunals are entitled to consider acts of their members committed overseas. |
| Re Legault and Law Society of Upper Canada | Ontario High Court of Justice | Yes | (1975) 58 DLR (3D) 641 | Canada | Cited as an example of courts finding that disciplinary tribunals are entitled to consider acts of their members committed overseas. |
| Ewachniuk v Law Society (British Columbia) | Supreme Court of British Columbia | Yes | [1998] Carswell BC 358 | Canada | Cited as an example of courts finding that disciplinary tribunals are entitled to consider acts of their members committed overseas. |
| Re Wong Sin Yee | High Court | Yes | [2007] 4 SLR(R) 676 | Singapore | Cited to show that a statute should be interpreted as having extra-territorial effect if doing so would serve its underlying purpose. |
| Re Linus Joseph | High Court | Yes | [1990] 2 SLR(R) 12 | Singapore | Cited for guidance on determining the jurisdictional ambit of a section based on the capacity in which the defendant acted. |
| Gobinathan Devathasan v Singapore Medical Coucil | High Court | Yes | [2010] SGHC 51 | Singapore | Cited regarding how a tribunal should determine whether a particular medical practice was a generally accepted one. |
| Chou Kooi Pang and another v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) | Singapore | Cited regarding when expert evidence is required. |
| Julius Libman v General Medical Council | Privy Council | Yes | [1972] AC 217 | United Kingdom | Cited regarding the deference an appellate court should afford to a disciplinary committee's decision. |
| Ghosh v General Medical Council | Privy Council | Yes | [2001] 1 WLR 1915 | United Kingdom | Cited regarding the deference an appellate court should afford to a disciplinary committee's decision. |
| Low Cze Hong v Singapore Medical Council | Court of Appeal | Yes | [2008] 3 SLR(R) 612 | Singapore | Cited regarding the deference an appellate court should afford to a disciplinary committee's decision. |
| Council for the Regulation of Health Care Professionals v General Medical Council and Ruscillo | House of Lords | Yes | [2005] 1 WLR 717 | United Kingdom | Cited regarding the deference an appellate court should afford to a disciplinary committee's decision. |
| Tan Sek Ho v Singapore Dental Board | High Court | Yes | [1999] 2 SLR(R) 70 | Singapore | Cited regarding when an appellate court is unlikely to overturn a sentence from a Disciplinary Committee. |
| Ho Paul v Singapore Medical Council | High Court | Yes | [2008] 2 SLR(R) 780 | Singapore | Cited regarding when an appellate court is unlikely to overturn a sentence from a Disciplinary Committee. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Traditional Chinese Medicine Practitioners Act (Cap. 333A) | Singapore |
| Traditional Chinese Medicine Practitioners Act (Cap. 333A) section 19(1) | Singapore |
| Traditional Chinese Medicine Practitioners Act (Cap. 333A) section 19(2) | Singapore |
| Poisons Act (Cap 234) section 5 | Singapore |
| Interpretation Act (Cap. 1, 2002 Rev Ed) section 9A(1) | Singapore |
| Misuse of Drugs Act (Cap. 185, 2008 Rev Ed) section 8A | Singapore |
| Prevention of Corruption Act (Cap. 241, 1993 Rev Ed) section 37 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Traditional Chinese Medicine
- TCM Practitioner
- Professional Misconduct
- Extra-territoriality
- Ethical Code
- Established TCM Practice
- Poisons Act
- Injections
- Electro-thermal needle machine
15.2 Keywords
- Traditional Chinese Medicine
- Professional Misconduct
- Extra-territoriality
- Singapore
- TCM
- Practitioner
- Board
- Appeal
- Registration
- Johor Baru
- Rochor Clinic
16. Subjects
- Healthcare Law
- Professional Regulation
- Statutory Interpretation
17. Areas of Law
- Traditional Chinese Medicine Law
- Administrative Law
- Regulatory Law
- Professional Misconduct