Singapore legislation

Clause 5

of Maintenance of Religious Harmony (Amendment) Bill

Clause 5

Amendment of section 8

Section 8 of the principal Act is amended —

(a)

by deleting the words “priest, monk, pastor, imam, elder, office‑bearer or any other person who is in a position of authority in any religious group or” in subsection (1) and substituting the words “religious leader of any religious group or religious”;

(b)

by deleting the words “has committed or is attempting to commit” in subsection (1) and substituting the words “has committed or is committing, or is likely to commit, or has attempted or is attempting to commit”;

(c)

by inserting, immediately after subsection (1), the following subsection:“(1A) The Minister may make a restraining order against any religious group for the purposes specified in subsection (2A) if the Minister is of the opinion that it is necessary or expedient so as to pre‑empt, prevent or reduce any foreign influence affecting the religious group which may —

(a)

undermine religious tolerance between different religious groups in Singapore; and

(b)

present a threat to the public peace and public order in Singapore.”;

(d)

by inserting, immediately after the words “religious group or” in subsection (2)(a) and in the section heading, the word “religious”;

(e)

by deleting paragraph (b) of subsection (2) and substituting the following paragraph:“(b)requiring the person —

(i)

to stop undertaking any communications activity involving the information or material specified or described in the order, immediately or within the period specified in the order, and absolutely or except with the prior permission of the Minister; or

(ii)

to stop printing or editing, or assisting or contributing to, any publication produced by any religious group or religious institution without the prior permission of the Minister;”;

(f)

by inserting, immediately after subsection (2), the following subsections:“(2A) A restraining order made under subsection (1A) may be made against a religious group named in the order requiring the religious group —

(a)

to not accept any anonymous donation on or after a date specified in the restraining order;

(b)

to not accept any religious donation on or after a date specified in the restraining order from a foreign principal specified in the order;

(c)

to return any religious donation received, on or after a date specified in the restraining order, from a foreign principal specified in the order;

(d)

to dispose of any anonymous donation received, on or after a date specified in the restraining order;

(e)

to ensure that on or after a date specified in the restraining order, every member of the governing body of the religious group is a citizen of Singapore; or

(f)

to remove a member of the governing body of the religious group specified in the restraining order, being an individual who is not a citizen of Singapore.(2B) A restraining order under subsection (1A) of the effect in subsection (2A)(b) or (c) may specify the manner in which, and must specify the period within which, the religious donations concerned must be sent back to the person who made the donation or any other person appearing to be acting on the donor’s behalf.(2C) A restraining order under subsection (1A) of the effect in subsection (2A)(d) may require —

(a)

if the donation was transmitted by a person (other than the donor) and the identity of that person is apparent, that the whole donation must be returned to that person;

(b)

if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, that the whole donation must be returned to that financial institution; or

(c)

in all other cases, that the whole donation must be sent to a competent authority; and all anonymous donations so sent must be paid into the Consolidated Fund.(2D) A restraining order under subsection (1A) of the effect in subsection (2A)(f) may also require the religious group concerned to suspend (for no longer than 24 continuous months) a member of the governing body of the religious group who is not a citizen of Singapore from the exercise of his office as a member of the governing body pending consideration being given to his removal under a restraining order under subsection (1A).”;

(g)

by deleting the words “Any order made under this section shall be” in subsection (3) and substituting the words “Subject to section 12(2), a restraining order made under this section has effect”; and

(h)

by deleting subsections (4), (5) and (6) and substituting the following subsections:“(4) Before making a restraining order, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make that order.(5) After making a restraining order, the Minister must immediately give, or cause to be given, a copy of the order, and the grounds, facts and documents supporting the order, to the following:

(a)

for a restraining order under subsection (1) —

(i)

the religious leader of a religious group or religious institution or a member thereof against whom the order is made; and

(ii)

the head or governing body of that religious group or religious institution;

(b)

for a restraining order under subsection (1A) —

(i)

the religious group against whom the order is made; and

(ii)

the head or governing body of that religious group.(6) A restraining order takes effect on the date a copy of it is given to the religious leader of a religious group or religious institution or a member thereof mentioned in subsection (5)(a)(i), and the religious group mentioned in subsection (5)(b)(i), respectively; and that religious leader or member of the religious group or religious institution or that religious group (as the case may be) must comply with the order.(7) A reference in subsection (2)(b) and section 9(2) to stop undertaking any communications activity involving the information or material includes a reference to taking all reasonably practicable steps to ensure that the information or material is no longer available on or through the Internet to end users in Singapore, such as (if necessary) the removal of the information or material from an online location.”.