In brief
The Ministry of Home Affairs (MHA) introduced the Maintenance of Racial Harmony Bill (“Bill“) and the Constitution of the Republic of Singapore (Amendment) Bill in Parliament for First Reading on 7 January 2025.
The Bill introduces specific legislation on racial harmony and consolidates the government’s existing powers to deal with racial issues and threats to racial harmony, including a Restraining Order (RO) regime to deal with content prejudicial to racial harmony.
In more detail
Background
The Bill takes close reference from the existing Maintenance of Religious Harmony Act (MRHA) and the Penal Code.
The key proposals in the Bill are closely aligned with those in the MRHA and include the introduction of the following: (1) an RO regime to target content prejudicial to racial harmony in Singapore; (2) a community-based approach to managing racial incidents; and (3) safeguards to prevent designated race-based entities from being used as vectors of foreign influence.
The Bill also consolidates Penal Code offences relating to race (e.g. inciting feelings of enmity, hatred, ill-will or hostility against a racial group; inciting violence on the basis of race, or against a racial group). The Bill will also contain provisions that apply even if the offending conduct occurs or threats originate from overseas (e.g. via social media), as long as the offence was directed towards a person or group in Singapore.
Restriction orders
Similar to the existing RO scheme under the MRHA, the proposed Bill enables the Minister of Home Affairs to issue ROs against persons involved in the communication, production or distribution of content that prejudices the maintenance of religious harmony in Singapore.
A racial content RO under the Bill may do the following:
- Prohibit a person from communicating or distributing specified information or material;
- Prohibit a person from addressing a specified audience on a specified subject;
- Require a person to take all reasonably practicable steps to ensure that any specified information or material is no longer available to the general public in Singapore;
- Prohibit a person from printing, editing, assisting, or contributing to a specified publication; and
- Prohibit a person from holding office in an editorial board or a committee of a specified publication.
The RO takes immediate effect once issued. There will be safeguards in place for the issuance of ROs — all ROs will be reviewed by the new Presidential Council for Racial and Religious Harmony (PCRRH) (replacing the Presidential Council for Religious Harmony established under the MRHA) and are subject to confirmation by the President. Persons issued an RO will also be able to make representations to the PCRRH.
Safeguards against foreign influence
The Bill also introduces safeguards against external actors exerting malicious foreign influence to undermine racial harmony.
The safeguards will apply to designated race-based entities. An entity may be designated if the Competent Authority is satisfied that:
- Its primary or other objects, purposes or activities includes representing or promoting the interests of, or discussing any issue relating to, any race; and
- Designation is deemed necessary or expedient to pre-empt, prevent or reduce any foreign influence that may undermine racial harmony in Singapore.
Examples of designated entities include clan and business associations linked to the Chinese, Malay and Indian races.
These entities will be notified of the Competent Authority’s intent to designate them, and can submit representations as to why they need not be designated before a final decision is reached. Designated race-based entities may also apply to the Minister for Home Affairs for exemptions from some or all obligations under the Bill.
Designated race-based entities will be subject to reporting and governance obligations, including the following:
- Requirements to disclose: (i) foreign and anonymous donations accepted; (ii) foreign affiliations; and (iii) their leadership composition
- Requirements to comply with leadership restrictions, to ensure that: (i) more than half of the entity’s governing body comprises of Singapore citizens; and (ii) the responsible officers of the entity are Singapore citizens or permanent residents
The Minister for Home Affairs will also have powers to impose stepped-up measures against specific race-based entities through the issuance of foreign influence ROs. Such ROs can:
- Prohibit an entity from accepting donations from a specified foreign principal, or any anonymous donation;
- Require an entity to return or dispose of any donation from a specified foreign principal, or any anonymous donation;
- Prohibit an entity from forming or maintaining an affiliation with a foreign principal; and/or
- Prohibit an entity from appointing or retaining any individual as a member of its governing body.
Key takeaways
The Bill is part of the MHA’s and the government’s broader efforts to strengthen racial cohesion and promote racial harmony in Singapore.
Further information is available on the MHA’s website.
For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.
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