Clause 13

Subject to this Act, every reportable donation accepted by any religious group during each reporting period must be disclosed to a competent authority in accordance with this section.(2) Disclosure to a competent authority of reportable donations received during a reporting period and accepted by a religious group must be in a donation report relating to the reporting period that —

is in the form required by the competent authority;

is given to the competent authority within the time delimited by subsection (3) and in the manner prescribed in regulations made under section 19 or, subject to those regulations, as approved by the competent authority;

contains the prescribed details of every reportable donation accepted by the religious group during the reporting period, and the prescribed particulars of each donor;

is signed by every responsible officer of the religious group; and

is accompanied by a declaration in subsection (4) made by every responsible officer of the religious group.(3) Subject to subsection (5), disclosure of reportable donations accepted by a religious group during a reporting period must be given to a competent authority no later than 1 April of the year following the year in which the reportable donation was accepted.(4) The declaration required by subsection (2)(e) to accompany a donation report of a religious group must contain a statement that, to the knowledge and belief of every responsible officer of the religious group —

no other reportable donation has been accepted by the religious group during the reporting period to which the donation report relates; and

if the religious group is one to whom a restraining order under section 8(1A) is given, no religious donation which is prohibited by that order has been accepted by the religious group during the reporting period to which the donation report relates.(5) Regulations made under section 19 may prescribe a longer period for the purposes of subsection (3).(6) In this section —“appointed day” means the date of commencement of section 13 of the Maintenance of Religious Harmony (Amendment) Act 2019;“initial reporting period” means —

the period starting on the appointed day and ending on 31 December of the same year that appointed day falls, unless paragraph (b) applies; or

the period starting on the day the religious group is incorporated or formed (being after the appointed day), and ending on 31 December of the same year the day the religious group is incorporated or formed falls;“reporting period” means the period of 12 months starting 1 January and ending 31 December in any year, and includes an initial reporting period.Disclosure of foreign affiliations16B.—

Subject to this Act, every arrangement or agreement to which a religious group is party during a reporting period, being an arrangement or agreement —

which is with a foreign principal; and

under which —

the religious group is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the foreign principal or, where the foreign principal is an entity, of the governing body of the foreign principal; or

the foreign principal is in a position to exercise, in any other way, total or substantial control over the religious group’s activities in Singapore,must be disclosed to a competent authority in accordance with this section.(2) Disclosure to a competent authority of every arrangement or agreement described in subsection (1) to which a religious group is party during a reporting period must be in a foreign affiliations report relating to the reporting period that —

is in the form required by the competent authority;

is given to the competent authority within the time delimited by subsection (3) and in the manner prescribed in regulations made under section 19 or, subject to those regulations, as approved by the competent authority;

contains the prescribed details or description of every such arrangement or agreement with a foreign principal during the reporting period, and the identity and other prescribed particulars of the foreign principal;

is signed by every responsible officer of the religious group; and

is accompanied by a declaration in subsection (4) made by every responsible officer of the religious group.(3) Subject to subsection (5), disclosure of every arrangement or agreement described in subsection (1) to which a religious group is party during a reporting period must be given to a competent authority no later than 1 April of the year following the year in which the reporting period ends.(4) The declaration required by subsection (2)(e) to accompany a foreign affiliations report of a religious group must contain a statement that, to the knowledge and belief of every responsible officer of the religious group, there is no other arrangement or agreement described in subsection (1) to which the religious group is party during the reporting period to which the foreign affiliations report relates.(5) Regulations made under section 19 may prescribe a longer period for the purposes of subsection (3).(6) In this section —“appointed day” means the date of commencement of section 13 of the Maintenance of Religious Harmony (Amendment) Act 2019;“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;“initial reporting period” means —

the period starting on the appointed day and ending on 31 December of the same year that appointed day falls, unless paragraph (b) applies; or

the period starting on the day the religious group is incorporated or formed (being after the appointed day), and ending on 31 December of the same year the day the religious group is incorporated or formed falls;“reporting period” means the period of 12 months starting 1 January and ending 31 December in any year, and includes an initial reporting period.Disclosure of governing body composition16C.—

Subject to this Act, the particulars of —

every individual who —

is a member of the governing body of any religious group on the appointed day; or

is or becomes (whether by appointment or election or otherwise) a member of the governing body of any religious group at any subsequent time;

every individual who, for any reason, stops acting as a member of the governing body of a religious group;

the constitution, memorandum or articles of association, trust deed or equivalent instrument of a religious group as in effect on the appointed day; and

every change (after the appointed day) to the constitution, memorandum or articles of association, trust deed or equivalent instrument mentioned in paragraph (c), being a change affecting (directly or indirectly) the size or composition of its governing body,must be disclosed to a competent authority in accordance with this section.(2) Disclosure to a competent authority of every individual or matter described in subsection (1) must be in a key management report relating to the religious group that —

is in the form required by the competent authority;

is given to the competent authority within the time delimited by subsection (3) and in the manner prescribed in regulations made under section 19 or, subject to those regulations, as approved by the competent authority;

contains —

the prescribed details of the identity, nationality and other particulars of every such individual who is or becomes a member of the governing body of the religious group;

the identity and nationality of every responsible officer of the religious group; and

the prescribed details and description of any change (on or after the appointed day) to the constitution, memorandum or articles of association, trust deed or equivalent instrument of a religious group affecting the size or composition (or both) of its governing body; and

is signed by every responsible officer of the religious group.(3) Subject to subsection (4), disclosure of every individual or matter described in subsection (1) must be given to a competent authority —

in relation to the circumstance in subsection (1)(a)(i) or (c), not later than 60 days after the appointed day, or such extended period as the competent authority may allow in any particular case; and

in relation to the circumstance in subsection (1)(a)(ii), (b) or (d), no later than 30 days after —

the individual is or becomes, or stops acting (as the case may be) as, a member of the governing body of the religious group; or

the change to the constitution, memorandum or articles of association, trust deed or equivalent instrument mentioned in subsection (1)(c) takes effect.(4) Regulations made under section 19 may prescribe a longer period for the purposes of subsection (3)(a) or (b).(5) In this section —“appointed day” means the date of commencement of section 13 of the Maintenance of Religious Harmony (Amendment) Act 2019;“appointment” includes re-appointment.Restrictions on responsible officers’ nationality16D.—

This section applies to and in relation to every religious group only from a date declared by the Minister by order in the Gazette.(2) Subject to this Act, a religious group in Singapore —

must not appoint or re-appoint as a responsible officer of the religious group, an individual who is not a citizen of Singapore and not a Singapore permanent resident; and

must not permit an individual who is not a citizen of Singapore and not a Singapore permanent resident to act as a responsible officer of the religious group,except in accordance with the approval of the Minister granted after taking into account the circumstances for the religious observance or practices of the religious group and its community bonding among the people of Singapore.(3) Where a competent authority is satisfied that a religious group in Singapore has, in contravention of subsection (2) —

appointed or re-appointed as a responsible officer of the religious group, an individual who is not a citizen of Singapore and not a Singapore permanent resident; or

permitted an individual who is not a citizen of Singapore and not a Singapore permanent resident to act as a responsible officer of the religious group,the competent authority may, by written notice to the religious group, direct the religious group to remove the responsible officer from his office or employment within the period specified in the notice, and the religious group must comply with that direction.(4) A competent authority is not required to give any person notice of, or consult any person on, the competent authority’s intention to direct under subsection (3) a religious group to remove an individual from his office or employment.(5) If a religious group which is directed, or the individual required to be removed in a direction, under subsection (3) is aggrieved by the direction, the religious group or the individual (as the case may be) may, within 14 days after the notice under subsection (3) of the direction is given to the religious group or individual (as the case may be), appeal against the direction to the Minister.(6) Unless otherwise ordered by the Minister, the direction of the competent authority appealed against must be complied with until the determination of the appeal.(7) The Minister’s decision on an appeal is final.(8) Subject to this Act, in the event that for any reason (such as by resignation, death or otherwise), a responsible officer of a religious group ceases to be either a citizen of Singapore or a Singapore permanent resident, the religious group must give written notice of that event to the competent authority, within 30 days after the religious group first becomes aware of that event.(9) An order under subsection (1) cannot be revoked by another such order.Nationality of religious group governing body16E.—

This section applies to and in relation to every religious group only from a date declared by the Minister by order in the Gazette.(2) Subject to this Act, a religious group in Singapore must ensure that more than half of the total number of seats in its governing body are occupied or held by individuals who are citizens of Singapore unless the religious group is expressly allowed by the Minister to do otherwise after taking into account the circumstances for the religious observance or practices of the religious group and its community bonding among the people of Singapore.(3) Where a competent authority is satisfied that a religious group in Singapore has, in contravention of subsection (2), permitted half or more than half of the total number of seats in its governing body to be occupied or held by individuals who are not citizens of Singapore —

the competent authority may, by written notice to the religious group, direct the religious group to remove such number of members of the governing body who are not citizens of Singapore from their office within the period specified in the notice; and

the religious group must comply with that direction.(4) A competent authority is not required to give any person notice of, or consult any person on, the competent authority’s intention to direct under subsection (3) a religious group to remove an individual from his office.(5) If a religious group directed, or the individual required to be removed in a direction, under this section is aggrieved by the direction, the religious group or the individual (as the case may be) may, within 14 days after the notice under subsection (3) of the direction is given to the religious group or individual (as the case may be), appeal against the direction to the Minister.(6) Unless otherwise ordered by the Minister, the direction of the competent authority appealed against must be complied with until the determination of the appeal.(7) The Minister’s decision on an appeal is final.(8) Subject to this Act, in the event that for any reason (such as by resignation, death or otherwise), half or more than half of the total number of seats in the governing body of a religious group is occupied or held by individuals who are not citizens of Singapore, the religious group must give written notice of the event to the competent authority, within 30 days after the religious group first becomes aware of that event.(9) An order under subsection (1) cannot be revoked by another such order.PART VSUPPLEMENTARY PROVISIONSOverriding memorandum and articles of association, etc.16F.—

A restraining order under section 8(1A) has effect despite the provisions of —

any other written law in force; and

the constitution, memorandum or articles of association, trust deed or equivalent instrument of a religious group.(2) A requirement or notice under section 16D(2) or (3) or 16E(2) or (3) has effect despite the provisions of —

any other written law in force on the date declared under sections 16D(1) and 16E(1), respectively; and

the constitution, memorandum or articles of association, trust deed or equivalent instrument of a religious group.(3) No criminal or civil liability shall be incurred by a religious group in Singapore, or any person acting on behalf of the religious group, in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the religious group under a restraining order or a requirement or notice under section 16D(2) or (3) or 16E(2) or (3).Power to obtain information16G.—

A competent authority may by written notice require any religious group to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents or all information or material (or both) which —

relate to any matter which the competent authority considers necessary for any of the following purposes:

to determine whether any information or material provided to a competent authority under a provision of this Act or its subsidiary legislation is correct;

to determine whether there are grounds for any direction or restraining order to be given under this Act against a religious group; and

are —

within the knowledge of that religious group; or

in the custody or under the control of the religious group.(2) The power to require a religious group to provide any document or any information or material under subsection (1) includes the power —

to require that religious group, or any individual who is or was a responsible officer or agent or a member of the governing body of that religious group (as the case may be), to provide an explanation of the document or the information or material;

if the document or the information or material is not provided, to require that religious group or individual to state, to the best of the knowledge and belief of that religious group or individual (as the case may be), where it is; and

if the information or material is recorded otherwise than in legible form, to require the information or material to be made available to the competent authority in legible form.(3) A competent authority is entitled without payment to keep any document or any information or material, or any copy or extract thereof, provided to the competent authority under subsection (1).Community remedial initiative16H.—

Subject to this section, the Minister may offer under this section to a person (called in this section an alleged offender) an opportunity to take one or more remedial actions, participate in one or more activities, or do any other thing, to promote religious harmony in Singapore (called in this section a community remedial initiative) if, in the opinion of the Minister, the alleged offender is attempting to engage in conduct, is engaging or has engaged in conduct, or is likely to engage in conduct —

that causes, or the alleged offender knows is likely to incite, feelings of enmity, hatred, ill-will or hostility against, or contempt for or ridicule of, a person or a group in Singapore, being a person or group distinguished by religion or religious belief or activity within the meaning of section 17E(6); or

on the ground of religion or religious belief or activity and that the alleged offender knows is likely to insult the religion or religious belief or activity (within the meaning of section 17F(5)), or wounds the religious feelings, of another person in Singapore.(2) However, no offer under this section may be made with respect to any engaging in conduct or attempt to engage in conduct occurring before the date of commencement of section 13 of the Maintenance of Religious Harmony (Amendment) Act 2019.(3) A person may choose whether to enter into a community remedial initiative with the Minister.(4) One community remedial initiative may be entered into for 2 or more different conduct or attempts to engage in conduct mentioned in subsection (1) which constitute an offence under this Act or any other written law (called in this section an alleged offence).(5) In addition to subsection (4), a community remedial initiative in respect of an alleged offence —

may be entered into before, on or after the date on which an alleged offender is charged with the alleged offence; but(b)cannot be entered into after the commencement of the trial for that alleged offence.(6) While a community remedial initiative in respect of an alleged offence is in force —

if the alleged offender has been charged with the alleged offence, the alleged offender is deemed to have been granted a discharge not amounting to an acquittal in relation to that alleged offence, when the community remedial initiative comes into force; and

the alleged offender cannot be prosecuted for that alleged offence under this Act or any other written law in any criminal proceedings.(7) If the Minister believes that an alleged offender who entered into a community remedial initiative for an alleged offence has failed to comply with the terms of that agreement, the Minister may terminate the community remedial initiative and refer the alleged offence to the Public Prosecutor.PART VIOFFENCESDivision 1 — General”.