Maintenance of Religious Harmony Bill

“Council” means the Presidential Council for Religious Harmony constituted under section 3;

“Presidential Council” means the Presidential Council for Minority Rights constituted under Part VII of the Constitution of the Republic of Singapore;

“publication” includes any newsletter, journal, periodical, book, film, videotape, audio tape or any written, pictorial, aural or printed matter containing any audio or visible representation which by its images, form, shape or sound or in any other manner is capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication;

“religious institution” includes a church, cathedral, chapel, sanctuary, mosque, surau, temple, synagogue or other place of worship;

“religious group” includes —

There shall be a Presidential Council for Religious Harmony comprising a chairman and not more than 15 other members who are either representatives of the major religions in Singapore or are persons who, in the opinion of the Presidential Council, have distinguished themselves in public service or community relations in Singapore.

The chairman and every member of the Council shall be appointed by the President, on the advice of the Presidential Council, for a period not exceeding 3 years and shall be eligible for reappointment.

The President may at any time revoke the appointment of the chairman or any member of the Council and may, on the advice of the Presidential Council, appoint any person to fill any vacancy which may arise in the Council for any reason whatsoever.

The functions of the Council shall be —

The Council shall have the power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions under this Act.

The Council may, subject to the provisions of this Act, regulate its own procedure.

Every member or officer of the Council shall be deemed to be a public servant within the meaning of the Penal Code [Cap. 224].

Nothing done by any member or officer of the Council in the discharge of the powers and functions of the Council shall render him liable to any suit or action.

Where the Minister is satisfied that any priest, monk, pastor, imam, elder, office-bearer or any other person who is in a position of authority in any religious group or institution or any member thereof has committed or is attempting to commit any of the following acts:

An order made under subsection (1) may be made against the person named therein for the following purposes:

Any order made under this section shall be for such period, not exceeding two years, as may be specified therein.

Before making an order under this section, the Minister shall give the person against whom the order is proposed to be made and the head or governing body or committee of management of the religious group or institution which is to be named in the proposed order, notice of his intention to make the order and of their right to make written representations to the Minister and the Minister shall have regard to such representations in making the order.

All written representations under subsection (4) must be made within 14 days of the date of the notice of the Minister’s intention to make an order under this section.

The Minister may, before the expiration of an order made under subsection (1), direct that the period of such order made be extended for such further period or periods of not more than two years.

Where the Minister is satisfied that any person is inciting, instigating or encouraging any religious group or religious institution or any person mentioned in subsection (1) of section 8 to commit any of the acts enumerated in that subsection, he may make an order requiring that person to refrain from doing so.

Without affecting the generality of subsection (1), an order made under this section may prohibit the person named therein from addressing or advising any religious group or religious institution or any member thereof or making any statement or causing any statement to be made, whether orally or in writing, concerning or affecting the relations between that religious group or religious institution and the Government or any other religious group or religious institution.

Before making an order under this section, the Minister shall give the person against whom the order is proposed to be made, notice of his intention to make the order and of his right to make written representations to the Minister and the Minister shall have regard to such representations in making the order.

All written representations under subsection (3) must be made within 14 days of the date of the notice of the Minister’s intention to make an order under this section.

All orders made by the Minister under sections 8 and 9 must, within 30 days of the date of the order, be referred to the Council.

The Council must consider the order together with all facts or documents tendered by the Minister in support of the making of the order, and the representations, if any, received by the Minister prior to the making of the order.

The Council must, within 30 days of the receipt of the order and the necessary documents, make its recommendations to the Minister.

The Council may recommend that the order be continued, revoked or varied in any manner and the Minister shall have regard to the recommendations of the Council.

Any person contravening any provision of an order made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

Notwithstanding the provisions of any written law to the contrary, a District Court shall have the jurisdiction to impose the maximum penalty prescribed for an offence under this Act.