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Singapore legislation

Regulation 27

of Maintenance of Religious Harmony (Restraining Orders) Regulations 2022

Regulation 27

Requests for confidential treatment

Subregulation 1

A request for the confidential treatment of a document or part of a document filed or provided in connection with any representation proceedings started by a representor —

(a)

must be made in writing by the person who submitted the document or provided such a document, no later than 2 working days after the submission or provision of such a document;

(b)

must, where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and

(c)

must contain the reasons for the request and, where the request relates to part of a document, the reasons specific to each part thereof.

Subregulation 2

The person making the request for the confidential treatment of a document or part of a document filed or provided in connection with any representation proceedings, must also file with the Council, if the person considers it possible to summarise or redact the material in the document, a non‑confidential version of the document in a form which can be served on any party to those representation proceedings.

Subregulation 3

No request for confidential treatment will be considered by the Council if the request does not comply with paragraphs (1) and (2).

Subregulation 4

The Council may grant confidential treatment in relation to any document or part thereof, on such terms and conditions as the Council considers fit (including changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2)), if the Council is satisfied that the document or part thereof contains ––

(a)

information the disclosure of which would, in its opinion, be contrary to the public interest;

(b)

information relating to the private affairs of an individual the disclosure of which, in the Council’s opinion, would or may significantly harm the interests of the individual; or

(c)

commercial information the disclosure of which, in the Council’s opinion, would or may significantly harm the legitimate business interests of the undertaking to which it relates.

Subregulation 5

When the Council grants confidential treatment in relation to any document or part thereof under this regulation in connection with any representation proceedings, the party making the request for the confidential treatment must, no later than 5 working days after the Council’s decision —

(a)

in the case where the grant is subject to changes to the summary or redacting of material in any non‑confidential version of that document filed under paragraph (2) —

(i)

accordingly revise the non-confidential version of that document filed; (ii)file the revised non-confidential version with the Council; and (iii)send to the other party to the representation proceedings the revised non-confidential version, notifying the other party that it has been redacted or summarised; or

(b)

in any other case, send to the other party to the representation proceedings the non‑confidential version filed under paragraph (2) (if any), notifying the other party that it has been redacted or summarised.

Subregulation 6

The Council must not rely on any document or part thereof to which confidential treatment has been granted, for the purposes of considering the notice of representation against a restraining order or a restraining order referred to the Council and making a recommendation under section 11(4) of the Act in relation to the restraining order, but may rely on the non‑confidential version filed (if any) under paragraph (2) or (5)(a), as the case may be.