Singapore legislation

Clause 2

of Maintenance of Religious Harmony (Amendment) Bill

Clause 2

Amendment of section 2

Section 2 of the Maintenance of Religious Harmony Act (called in this Act the principal Act) is amended —

(a)

by inserting, immediately before the definition of “Council”, the following definitions:“ “anonymous donation”, for a religious group, means a donation which the religious group accepting the donation is (whether because the donation is offered anonymously or by reason of deception or concealment) unable to ascertain the identity of the donor giving the donation, but excludes the following:

(a)

a donation deposited in a box, receptacle or other container in a publicly accessible location within a place of worship in Singapore for the same religion or religious denomination as the religious group;

(b)

any proceeds from a collection by the religious group, the conduct of which is authorised by the House to House and Street Collections Act (Cap. 128);

(c)

a cash donation collected during an act of collective worship or a religious ceremony or rite conducted by the religious group;

(d)

a donation which is declared not to be an anonymous donation by regulations made under section 19;“communications activity”, in relation to any information or material, means communicating or distributing the information or material to the general public in Singapore, whether or not in the course of business, and includes doing any of the following whether or not in the course of business:

(a)

placing the information or material, or something that contains the information or material, somewhere it can be accessed by the general public in Singapore;

(b)

giving the information or material, or something that contains the information or material, to an intermediary to give to an intended recipient in the general public in Singapore;

(c)

describing to the general public in Singapore —

(i)

how to obtain access to the information or material, or something that contains the information or material; or

(ii)

methods that are likely to facilitate access to the information or material, or something that contains the information or material;

(d)

displaying, screening or playing the information or material, or something that contains the information or material, so that it can be seen or heard in or from a public place in Singapore,but does not include communicating or distributing, in the course of business, information or material produced entirely by another person and without altering the information or material or only altering the information or material to the extent to fit time, space or format constraints; “community remedial initiative” has the meaning given by section 16H;“competent authority”, in relation to any provision of this Act, means the competent authority appointed under section 2B to exercise powers under that provision;“conduct”, in relation to engaging in conduct, means —

(a)

an act or omission on a single occasion; or

(b)

a series of acts or omissions, or both, on a number of occasions over a period of time,such as (but not limited to) communications activity, and may include conduct occurring outside Singapore;”;

(b)

by inserting, immediately after the definition of “Council”, the following definitions:“ “donation”, for a religious group, means any of the following:

(a)

any bequest or gift of money to the religious group or any religious institution affiliated or associated with the religious group;

(b)

any money to pay or reimburse any expenditure incurred (whether directly or indirectly) by the religious group or any religious institution affiliated or associated with the religious group;

(c)

any money lent to the religious group or any religious institution affiliated or associated with the religious group, otherwise than on commercial terms;“donation report” has the meaning given by section 16A;“donor” means an individual or entity that makes a donation;“entity” includes any of the following, whether or not a religious group or religious institution:

(a)

a sole proprietorship;

(b)

a partnership (including a limited partnership);

(c)

a limited liability partnership;

(d)

a corporation within the meaning given by the Companies Act (Cap. 50);

(e)

a trustee of an express trust or other similar arrangement;

(f)

an unincorporated association;

(g)

a co-operative society;

(h)

a trade union;“foreign affiliations report” has the meaning given by section 16B;“foreign country” means a country or territory other than Singapore, and includes part of such a country or territory;“foreign principal” means —

(a)

if an individual, an individual who is not a citizen of Singapore and is not a Singapore permanent resident; or

(b)

if not an individual, an entity which —

(i)

is constituted or organised under a law of a foreign country and is not registered in Singapore under any written law;

(ii)

has its principal place of business in a foreign country, even if incorporated or registered under any written law; or

(iii)

is the government of a foreign country or an authority of the government of a foreign country;“general public” includes a section of the general public in Singapore;“gift”, for a religious group, includes —

(a)

a bequest or disposition by will to the religious group or any religious institution affiliated or associated with the religious group;

(b)

an amount paid by a person as a contribution or entry fee or other payment to entitle that or another person to participate or otherwise obtain any benefit from a fund‑raising venture or similar function organised by the religious group or any religious institution affiliated or associated with the religious group (being an amount that forms part of the gross proceeds of the venture or function);

(c)

an annual or other subscription paid to the religious group or any religious institution by a member of that group or institution or an entity for affiliation with that religious group or religious institution; and

(d)

any other contribution of money given to the religious group or any religious institution affiliated or associated with the religious group, by a person, or in circumstances, prescribed,but does not include any zakat or fitrah or any other prescribed sum of money (whether or not of a similar kind);“governing body”, for a religious group, means the group of individuals (whether or not each an employee or a responsible officer or religious leader of the religious group) who —

(a)

is directly involved in the management of the properties (including donations) belonging to the religious group; and

(b)

has the capacity, on behalf (as the case may be) of the religious group, to influence the appointment of the religious leaders of the religious group or any institutions affiliated or associated with the religious group;“information or material” means information or material in any form, and includes —

(a)

oral, written, electronic or digital form; and

(b)

visual, pictorial or graphic form (such as but not limited to an anthropomorphic or humanlike depiction);“key management report” has the meaning given by section 16C;”;

(c)

by inserting, immediately after the definition of “publication”, the following definitions:“ “relevant donor”, for a religious group, means a person who makes a religious donation to the religious group and who, at the time the donation is accepted by the religious group —

(a)

if the donor is an individual, is —

(i)

not a citizen of Singapore;

(ii)

not a Singapore permanent resident; and

(iii)

not a resident of Singapore who is prescribed as a permissible donor; or

(b)

if the donor is not an individual, is —

(i)

not an entity which is registered in Singapore (even if incorporated outside Singapore);

(ii)

not incorporated under any written law; and

(iii)

not a corporation sole or corporation aggregate established under a private Act for religious purposes;“religious donation”, for a religious group, means a donation made to or for the benefit of the religious group, the whole or part of which was used or is intended to be used by the religious group solely or substantially —

(a)

to incur expenditure for carrying out a religious or charitable purpose of the religious group wholly or partly in Singapore; or

(b)

to enable the religious group to make, directly or indirectly, a religious donation;Examples of religious or charitable purpose(a)Religious worship, rite or ceremony carried out wholly or partly in Singapore.(b)The provision of healthcare services wholly or partly in Singapore.(c)The acquisition or maintenance of, or the construction or other building works relating to, a medical clinic or healthcare facility in Singapore.(d)The acquisition or maintenance of, or the construction or other building works relating to, a school or an educational institution in Singapore which is used or to be used wholly or substantially to provide training or courses of instruction about or according to the tenets of the religion or religious denomination of a religious group.(e)The acquisition or maintenance of, or the construction or other building works relating to, a place of worship in Singapore which is used or to be used by members of a religious group.(f)The acquisition or maintenance of, or the construction or other building works relating to, a place of residence for one or more ministers of the religious group whose duties consist of performing the rites or rituals of the faith or in preaching the tenets of the religion or religious denomination, or for missionaries directly engaged in spreading religious doctrine in Singapore and whose work is not in essence administrative or clerical.(g)The acquisition or maintenance of, or the construction or other building works relating to, a place of residence for aged or infirm individuals mentioned above.”;

(d)

by inserting, immediately after the word “includes” in the definition of “religious institution”, the words “the congregation, assembly of worshippers, parishioners or other group of followers who attend religious services or activities held in Singapore by or at”; and

(e)

by deleting the full-stop at the end of the definition of “religious group” and substituting a semi-colon, and by inserting immediately thereafter the following definitions:“ “religious leader” means —

(a)

a priest, monk, pastor, mufti, imam, rabbi, elder or similar office‑bearer in a religious group or religious institution; or

(b)

any other person who is in a position of authority in any religious group or religious institution in relation to the religious practice or worship, or the tenets of the religion or religious denomination, of that group or institution,but a person is not a religious leader by reason only that the person is a responsible officer of the religious group or a member of the governing body of the religious group;“reportable donation”, for a religious group, means —

(a)

a religious donation given by a relevant donor to and accepted by the religious group, which is of or exceeding $10,000 on any one occasion, without aggregating any earlier donation by the same relevant donor to the same religious group; or

(b)

an anonymous donation given to and accepted by the religious group, which is of or exceeding $10,000;“responsible officer”, for a religious group, means —

(a)

where the religious group is a body corporate, the person for the time being holding the office of chairman, managing director or company secretary of, or any position analogous to any of those offices in, the religious group;

(b)

where the religious group is an unincorporated body of persons, the person for the time being holding the office of president, secretary or treasurer of the governing body or a committee (or an equivalent body) of, or any position analogous to any of those offices, in the body of persons; or

(c)

where the religious group is a partnership (including a limited partnership), a partner of the partnership,and includes any person carrying out the duties of any such office mentioned in paragraph (a), (b) or (c) if that office is vacant;“restraining order” means an order made under section 8 or 9, as the case may be;“Singapore permanent resident” means an individual who holds a valid entry permit under section 10 of the Immigration Act (Cap. 133) or a re‑entry permit issued under section 11 of that Act.”.