Singapore legislation

Clause 49

of Maintenance of Racial Harmony Bill

Clause 49

Amendment of Maintenance of Religious Harmony Act 1990

In the Maintenance of Religious Harmony Act 1990 —

(a)

in the long title, delete “and for establishing a Presidential Council for Religious Harmony”;

(b)

in section 2, delete “, unless the context otherwise requires”;

(c)

in section 2, in the definition of “communications activity”, in paragraph (d), replace the comma at the end with a semi‑colon;

(d)

in section 2, in the definition of “communications activity”, delete “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;”;

(e)

in section 2, in the definition of “community remedial initiative”, replace “section 16H” with “section 17GA”;

(f)

in section 2, replace the definition of “Council” with —“ “Council” means the Presidential Council for Racial and Religious Harmony established by the Maintenance of Racial Harmony Act 2025;”;

(g)

in section 2, in the definition of “foreign principal”, in paragraph (b)(ii), after “registered”, insert “in Singapore”;

(h)

in section 2, delete the definition of “Presidential Council for Minority Rights”;

(i)

in section 2, in the definition of “religious group”, in paragraph (b), before “any body of persons”, insert “any other entity or”;

(j)

in section 2, replace the definition of “responsible officer” with —“ “responsible officer”, for a religious group, means —

(a)

if the religious group is a company as defined by section 4(1) of the Companies Act 1967, each of the following persons:

(i)

the chairperson of the board of directors;

(ii)

the chief executive officer of the company as defined by section 4(1) of the Companies Act 1967 (whether called by that title or by some other title such as managing director);

(iii)

the company secretary;

(iv)

if an office mentioned in sub‑paragraph (i), (ii) or (iii) is vacant, any person carrying out the duties of that office;

(b)

if the religious group is a partnership, including a limited partnership and a limited liability partnership, each of the following persons:

(i)

a partner;

(ii)

if the office of a partner is vacant, any person carrying out the duties of that office;

(c)

if the religious group is a society registered under the Societies Act 1966, each of the following persons:

(i)

the president, secretary and treasurer of the society;

(ii)

if an office mentioned in sub‑paragraph (i) is vacant, any person carrying out the duties of that office; and

(d)

in any other case, a person prescribed as a responsible officer of the religious group;”;

(k)

in section 2A, replace subsection (1) with —“(1) Subject to the provisions of this Act, a donation is accepted by a religious group if —

(a)

the donation is received and retained by or on behalf of the religious group for its use and benefit; or

(b)

in the case of a donation in the form of a payment of money to a third party towards any expenditure that is incurred by, or that would otherwise be incurred by, the religious group — the donation is accepted by the third party as payment towards that expenditure.”;

(l)

delete Part 2;

(m)

in section 8(2A)(e), delete “or” at the end;

(n)

in section 8(2A), after paragraph (e), insert —“(ea)to suspend a member of its governing body specified in the restraining order (whether or not the member is a citizen of Singapore) from the performance of the member’s functions for a period specified in the order;”;

(o)

in section 8(2A)(f), replace “, being an individual who is not a citizen of Singapore.” with “(whether or not the member is a citizen of Singapore); or”;

(p)

in section 8(2A), after paragraph (f), insert —“(g)to comply with any combination of the measures in paragraphs (a) to (f).”;

(q)

in section 8(3), replace “12(2)” with “12”;

(r)

in section 9(3), replace “12(2)” with “12”;

(s)

in section 11(4), replace “to the President” with “on the order and cause its recommendation to be sent to the President and the Cabinet”;

(t)

replace section 12 with —“Restraining orders to be confirmed by President, etc.12.—

(1)

After the Council’s recommendation is received by the President, the Cabinet must advise the President to —

(a)

cancel the restraining order;

(b)

confirm the restraining order without any variation; or

(c)

confirm the restraining order with variations.(2) If the advice of the Cabinet under subsection (1) is not contrary to the recommendation of the Council, the President must act in accordance with the advice of the Cabinet.(3) If the advice of the Cabinet under subsection (1) is contrary to the recommendation of the Council, the President may, acting in the President’s discretion under Article 22I of the Constitution —

(a)

cancel the restraining order;

(b)

confirm the restraining order without any variation; or

(c)

confirm the restraining order with variations.(4) The restraining order lapses unless —

(a)

in a case to which subsection (3) applies —

(i)

the President confirms the restraining order (with or without variations); or

(ii)

the President is deemed by Article 21A of the Constitution to have confirmed the restraining order (with or without variations); or

(b)

in any other case — the President confirms the restraining order (with or without variations) within 30 days after receiving the recommendation of the Council.”;

(u)

in section 13, replace subsection (3) with —“(3) However, the President may only cancel a direction to extend or confirm the direction without variation, and the Council and the Cabinet must give their advice and recommendations to the President accordingly.”;

(v)

in section 15, after “any”, insert “cancellation,”;

(w)

in section 16B(1)(b)(i), delete “or, where the foreign principal is an entity, of the governing body of the foreign principal”;

(x)

replace section 16G with —“Power to require information, etc.16G.—

(1)

A competent authority may exercise the powers in subsection (2) for the purpose of determining one or more of the following matters:

(a)

whether there are grounds for the Minister to perform any function conferred on the Minister by this Act;

(b)

whether there are grounds for the competent authority to perform any function conferred on the competent authority by this Act;

(c)

whether a religious group has complied with the provisions of Part 4 (including the regulations made for the purposes of that Part);

(d)

whether a restraining order has been complied with;

(e)

whether any information or document provided to the competent authority under this section is correct and complete.(2) The competent authority may give a written notice to a person to require the person to do one or both of the following:

(a)

to answer any question by the competent authority, or a public officer authorised by the competent authority, to the best of the person’s knowledge, information and belief, and to do so —

(i)

in person at the specified time and place; or

(ii)

in writing and within the specified time;

(b)

to give to the competent authority, or a public officer authorised by the competent authority, within the specified time and in the specified manner, any document that the competent authority has reason to believe is in the possession, custody or control of the person, and to do so without charge.(3) The powers in subsection (2) include the power to require —

(a)

an explanation of any document;

(b)

any information about the location of any document;

(c)

any password, access code or other information required to access any document; and

(d)

a legible copy of any document that is illegible or any information that is given in an illegible form.(4) An oral statement made by a person in response to a notice under subsection (2) must —

(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

be signed by the person after any necessary correction.(5) The competent authority may keep without charge —

(a)

a document produced in response to a notice under subsection (2); and

(b)

any copy or extract of the document.(6) A person is not excused from giving any information or document required by a notice under subsection (2) even if the information or document might tend to incriminate the person.(7) If a person —

(a)

gives any information or document to the competent authority in response to a notice under subsection (2); and

(b)

before doing so, claims that the information or document might tend to incriminate the person,the information or document is not admissible in evidence against the person in any proceedings for any offence other than —

(c)

an offence under section 16GA; or (d)any offence under any other written law in respect of the falsity of the information or document.(8) In this section and section 16GA, “document” includes —

(a)

a document in electronic or digital form; and

(b)

an image or a sound recording.Offences relating to section 16G16GA.—

(1)

A person who is given a notice under section 16G commits an offence if —

(a)

the person fails to comply with any requirement in the notice;

(b)

the person alters, damages or destroys a document that must be given to the competent authority under the notice;

(c)

in response to the notice, the person gives to the competent authority or a public officer any information that —

(i)

contains a material particular that is false or misleading; or

(ii)

is false or misleading because a material particular is omitted;

(d)

in response to the notice, the person gives to the competent authority or a public officer a document that —

(i)

contains a material particular that is false or misleading; or

(ii)

is false or misleading because a material particular is omitted;

(e)

in response to the notice, the person knowingly gives to the competent authority or a public officer any information that —

(i)

contains a material particular that is false or misleading; or

(ii)

is false or misleading because a material particular is omitted; or

(f)

in response to the notice, the person knowingly gives to the competent authority or a public officer a document that —

(i)

contains a material particular that is false or misleading; or

(ii)

is false or misleading because a material particular is omitted.(2) In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the requirement.(3) In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to safeguard the document.(4) In any proceedings for an offence under subsection (1)(c) or (d), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure the correctness and completeness of the information or document.(5) In any proceedings for an offence under subsection (1)(d) or (f), it is a defence for the accused to prove, on a balance of probabilities, that the accused —

(a)

informed the competent authority or public officer about what was false or misleading about the document; and

(b)

did so before giving the document to the competent authority or public officer.(6) A person who is guilty of an offence under subsection (1)(a) shall be liable on conviction —

(a)

to a fine not exceeding $5,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.(7) A person who is guilty of an offence under subsection (1)(b), (c) or (d) shall be liable on conviction to a fine not exceeding $5,000.(8) A person who is guilty of an offence under subsection (1)(e) or (f) shall be liable on conviction —

(a)

to a fine not exceeding $10,000; and

(b)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000.”;

(y)

delete section 16H;

(z)

in section 17F, replace subsections (7) and (8) with —“(7) In any proceedings for an offence under subsection (1) or (2), it is a defence for the accused to prove, on a balance of probabilities, that —

(a)

the conduct the accused engaged in was domestic in nature, having regard to —

(i)

the number of persons who are likely to perceive the conduct;

(ii)

the relationships between those persons, and between the accused and those persons; and

(iii)

all other relevant circumstances;

(b)

the accused reasonably expected that the conduct would only be perceived by the parties to the conduct; and

(c)

in the case of an offence under subsection (2) — the accused could not reasonably have expected that the conduct would be perceived by the target person.(8) In any proceedings for an offence under subsection (3) or (4), it is a defence for the accused to prove, on a balance of probabilities, that —

(a)

the conduct the accused engaged in was private or domestic in nature, having regard to —

(i)

the number of persons who are likely to perceive the conduct;

(ii)

the relationships between those persons, and between the accused and those persons; and

(iii)

all other relevant circumstances;

(b)

the accused reasonably expected that the conduct would only be perceived by the parties to the conduct; and

(c)

in the case of an offence under subsection (4) — the accused could not reasonably have expected that the conduct would be perceived by the target person.”;

(za)in section 17F(10)(a), delete “or” at the end;

(zb)in section 17F(10), after paragraph (a), insert —“(aa)are causing or have a tendency to cause contempt for or ridicule of a religious group; or”;

(zc)after section 17G, insert —“Community remedial initiative17GA.—

(1)

In deciding whether to institute proceedings against a person for an offence under this Division, the Public Prosecutor may consider whether the person has satisfactorily completed a community remedial programme.(2) For the purposes of subsection (1), the Minister may —

(a)

establish one or more community remedial programmes for a person to take remedial action for engaging in conduct that is prejudicial to the maintenance of religious harmony in Singapore;

(b)

determine the form, contents and duration of a community remedial programme; and

(c)

appoint persons to conduct a community remedial programme.(3) For the purposes of subsection (1), a competent authority may —

(a)

determine a person’s suitability for a community remedial programme; and

(b)

certify whether a person has satisfactorily completed a community remedial programme.(4) It is not compulsory for a person to take part in or complete a community remedial programme.”;

(zd)in Part 6, in Division 3, replace the Division heading with —“Division 3 — Offences relating to Part 4”;

(ze)in section 17J, after subsection (2), insert —“(2A) A religious group commits an offence if the religious group fails to comply with a direction under section 16D(3) or 16E(3).”;

(zf)in section 17J, after subsection (3), insert —“(3A) A religious group who is guilty of an offence under subsection (2A) shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.”;

(zg)in section 17J, after subsection (4), insert —“(4A) In proceedings for an offence under subsection (2A) in relation to a direction under section 16D(3) or 16E(3), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that the direction has been complied with.”;

(zh)in section 17J(5), replace “subsection (1) or (2)” with “subsection (1), (2) or (3)”;

(zi)delete sections 17K and 17L;

(zj)in section 19, delete paragraph (a); and

(zk)in section 19(b), replace “extension, revocation, variation or confirmation” with “cancellation, revocation, variation, extension or confirmation”.

Read in full context — Maintenance of Racial Harmony Bill →