Maintenance of Religious Harmony Act 1990

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

“Presidential Council for Minority Rights” means the Presidential Council for Minority Rights constituted under Part 7 of the Constitution of the Republic of Singapore;

“publication” includes any newsletter, journal, periodical, book, film, videotape, audiotape 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 —

A Presidential Council for Religious Harmony is constituted, comprising a chairperson and at least 6 and not more than 15 other members.

At least two-thirds of the members of the Council must be representatives of the major religions in Singapore and the other members must be individuals who, in the opinion of the Presidential Council for Minority Rights, have distinguished themselves in public service or community relations in Singapore.

The chairperson and every member of the Council are to be appointed by the President, on the advice of the Presidential Council for Minority Rights, for a period of 3 years all of whom are eligible for re‑appointment.

Despite subsection (3), a member, other than the chairperson, may be appointed for any shorter period of at least one year.

The President may, after consultation with the Presidential Council for Minority Rights, at any time revoke the appointment of the chairperson or any member of the Council and may, on the advice of the Presidential Council for Minority Rights, appoint any individual to fill any vacancy which may arise in the Council for any reason whatsoever.

The President may, acting in the President’s discretion, refuse to appoint any individual as chairperson or member of the Council or to revoke any such appointment if the President does not concur with the advice or recommendation of the Presidential Council for Minority Rights.

No individual is qualified to be appointed as a member of the Council unless the individual is —

An individual is disqualified for appointment as a member of the Council if the individual —

A member must vacate the member’s seat in the Council if —

The functions of the Council are —

The Council has the power to appoint a Secretary to the Council and any 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.

The Council must not transact any business unless a quorum of at least half of its members, including the chairperson or member presiding, is present.

The chairperson, if present, presides at all meetings of the Council.

Whenever the office of chairperson is vacant or the chairperson for any reason is unable to attend a meeting, any other member that the members present elect presides at the meeting.

The Council may, subject to section 4(4), transact its business despite any vacancy among its members.

The proceedings or any decision of the Council are valid despite any defect in the appointment of its members or that some person who was not entitled to do so took part in its proceedings.

Every member or officer of the Council is deemed to be a public servant within the meaning of the Penal Code 1871.

Nothing done by any member or officer of the Council in good faith and in the discharge of the powers and functions of the Council renders the member or officer liable to any suit or action.

Except as provided under section 15, the proceedings of the Council are secret.

A member or officer of the Council must not disclose or divulge to any person, other than the President, the Minister, the Secretary or any member of the Council, any matter which has arisen at any meeting of the Council unless the member or officer is expressly authorised to do so by the Minister.

The Minister may make a restraining order against 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 for the purposes specified in subsection (2) where the Minister is satisfied that that person 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 in the order for the following purposes:

Any order made under this section shall be for such period, not exceeding 2 years, as may be specified in the order.

Before making an order under this section, the Minister must 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 the Minister’s intention to make the order together with the grounds and allegations of fact in support thereof and of their right to make written representations to the Minister.

The Minister must 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.

Where the Minister is satisfied that —

Without limiting subsection (1), an order made under this section may restrain the person named in the order 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.

Any order made under this section shall be for such period, not exceeding 2 years, as may be specified in the order.

Before making an order under this section, the Minister must 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, if any, which is to be named in the proposed order, notice of the Minister’s intention to make the order together with the grounds and allegations of fact in support thereof and of their right to make written representations to the Minister.

The Minister must 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.

A copy of any notice, grounds and allegations of fact given under section 8(4) or 9(4) must immediately be given to the Council which may give its views, if any, on the proposed order to the Minister within 14 days of the date of the notice.

The Minister must have regard to the views of the Council in making the order.

Every order made by the Minister under section 8 or 9 must, within 30 days of the date of the order, be referred to the Council.

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

Where the Council considers it necessary for its deliberations, the Council may invite a person against whom an order is made to be present for oral examination by the Council at a meeting convened for this purpose.

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

The Council may recommend that the order be confirmed, cancelled or varied in any manner.

Every order made under section 8 or 9 ceases to have effect unless it is confirmed by the President within 30 days from the date the Council’s recommendations are received by the President.

The President must consider the recommendations of the Council and may cancel or confirm the order and in confirming the order may make such variations as the President thinks fit.

In the exercise of functions under this section, the President must act on the advice of the Cabinet except where the Constitution provides that the President may act in the President’s discretion when the advice of the Cabinet is contrary to the Council’s recommendations.

The Minister may, before the expiry of an order made under section 8 or 9, direct that the period of the order be extended for a further period or periods not exceeding 2 years at a time.

Sections 11 and 12 apply to any extension of an order in the same manner as they apply to the making of an order under section 8 or 9.

Every order made or extended under this Part must, so long as it remains in force, be reviewed by the Minister at intervals of not more than 12 months and the first of such reviews must take place not more than 12 months after the date the order was made or extended.

The Minister may at any time revoke an order made under section 8 or 9.

Any person who contravenes 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.

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