The Maintenance of Religious Harmony Act 1990 ("MRHA") is a Singapore statute which, according to its long title, provides for the maintenance of religious harmony, for the establishment of a Presidential Council for Religious Harmony ("PCRH"), and for matters connected therewith.
The Act, which was passed on 9 November 1990 and came into force on 31 March 1992, empowers the Minister for Home Affairs to make a restraining order against a person who is in a position of authority in any religious group or institution if the Minister is satisfied that the person has committed or is attempting to commit any of the following acts: causing feelings of enmity, hatred, ill-will or hostility between different religious groups, promoting a political cause, carrying out subversive activities, or exciting disaffection against the President or the Government under the guise of propagating or practising a religious belief.
A restraining order may also be made against a person who incites, instigates or encourages any religious leader or any religious group or institution to commit the above acts; or a person who is not a religious leader who causes or attempts to cause feelings of enmity, hatred, ill-will or hostility between different religious groups. A restraining order made against a religious leader may direct that he or she must obtain the permission of the Minister before addressing members of any religious group or institution, assisting or contributing to religious publications, or holding office in the editorial board or committee of such publications. Breaching a restraining order is a criminal offence.
The Minister must consult the PCRH before issuing a restraining order, and must inform the Council once an order is made. The council is responsible for recommending to the President whether an order should be confirmed, cancelled or varied in some manner. If the council's recommendations are contrary to the Minister's views on the matter, the President may act in his personal discretion in deciding whether to cancel or confirm the order. A restraining order cannot exceed two years in duration, but may be extended for periods not exceeding two years at a time. The Minister must review an order every 12 months or less. The Act declares decisions of the President, the Minister and the council to be final and not subject to being called in question in any court.
Some concerns that have been raised about the MRHA include the lack of checks on the Minister's power to issue a restraining order; the difficulty of distinguishing between religious and political matters where moral and social issues are involved, which might be a particular problem for religions such as Islam and Christianity that have comprehensive worldviews; and the lack of transparency of the PCRH's proceedings which are held in private. The consistency of the MRHA with Article 15 of the Constitution of Singapore, which guarantees the right to freedom of religion, has not yet been tested in court, though the Act may be a restriction on the right authorized by Article 15(4) as it can be regarded as a law relating to public order.
No restraining orders have yet been issued under the Act, but in 2001 the Minister for Home Affairs disclosed that the Government had been prepared to do so against a number of religious leaders who had mixed religion with politics or denigrated other faiths during incidents occurring in the 1990s.
Function and operation The Maintenance of Religious Harmony Act ("MRHA") ("MRHA"). is a Singapore statute allowing the Government to act promptly and effectively. to "nip the budding effects of inter-religious discord", by taking discreet steps to prevent what it perceives to be "factional political activity along racial-religious lines" from escalating into situations which threaten to harm the religious harmony currently enjoyed in Singapore.Tey, p. 119.
Prohibited acts Section 8(1) of the MRHA permits the Minister for Home Affairs to 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 where the Minister is satisfied that the person has committed or is attempting to commit any of the following acts:MRHA, s. 8(1). (a) causing feelings of enmity, hatred, ill-will or hostility between different religious groups; (b) carrying out activities to promote a political cause, or a cause of any political party while, or under the guise of, propagating or practising any religious belief; (c) carrying out subversive activities under the guise of propagating or practising any religious belief; or (d) exciting disaffection against the President or the Government while, or under the guise of, propagating or practising any religious belief.
In addition to the persons mentioned above, under section 9(1) of the MRHA the Minister may also make an order against any other persons where the Minister is satisfied that (a) the person is inciting, instigating or encouraging any religious group or religious institution or any person mentioned in section 8(1) to commit any of the acts specified in that subsection; or that (b) the person, who is not one of the persons mentioned in section 8(1), has caused or is attempting to cause feelings of enmity, hatred, ill-will or hostility between different religious groups.MRHA, ss. 9(1)(a) and (b).
Nature and effect of restraining orders A restraining order made against officials or members of religious group or institution under section 8(1) may be made for the following reasons:MRHA, s. 8(2).
(a) to restrain them from addressing orally or in writing any congregation, parish or group of worshippers or members of any religious group or institution on any subject, topic or theme as may be specified in the order without the prior permission of the Minister; (b) to restrain them from printing, publishing, editing, distributing or in any way assisting or contributing to any publication produced by any religious group without the prior permission of the Minister; or (c) to restrain them from holding office in an editorial board or a committee of a publication of any religious group without the prior permission of the Minister.
However, a restraining order made against other persons under section 9(1) may only restrain the person from addressing or advising any religious group or religious institution or any other 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.MRHA, s. 9(2).
Criminal sanctions may be imposed in the event of a breach of a restraining order. Such breaches may result in prosecution and, upon conviction, a maximum fine of S$10,000 or imprisonment for up to two years or both. For second or subsequent offences, the maximum penalty is a fine of up to $20,000 or imprisonment for up to three years or both.MRHA, s. 16.
Procedure Before making any restraining order, the Minister must give notice to the person against whom the order is proposed to be made, as well as the head or governing body or committee of management of the religious group or institution, enclosing details of the grounds and allegations of fact in support of the restraining order, and allow the person to make written representations to the Minister.MRHA, ss. 8(4) and 9(4). All written representations by the person must be made within 14 days of the date of notice from the Minister.MRHA, ss. 8(6) and 9(6). The Minister shall then take the representations into consideration before deciding whether to make a restraining order.MRHA, ss. 8(5) and 9(5).
A copy of every notice, grounds and allegations of fact given under sections 8(4) and 9(4) must be given immediately to the Presidential Council for Religious Harmony ("PCRH"), which is then required to give its views on the proposed order to the Minister within 14 days of the date of the notice.MRHA, s. 10(1). The PCRH's views also have to be taken into consideration by the Minister in making the order.MRHA, s. 10(2).
Thereafter, any restraining order by made by the Minister under section 8 or 9 shall be referred to the PCRH within 30 days of the date of the order.MRHA, s. 11(1). The PCHR, having considering all the relevant grounds, facts or documents tendered by the Minister, and representations, if any, received by the Minister prior to making the order,MRHA, s. 11(2). recommends to the President whether the order should be confirmed, cancelled or varied in some manner,MRHA, s. 11(5). within 30 days of the receipt of the order and the necessary documents.MRHA, s. 11(4). Where necessary, the PCRH may invite the person against whom the order is made to be present for an oral examination.MRHA, s. 11(3).
The President is obliged to act on the advice of the Cabinet. It is only when the Cabinet's advice is contrary to the PCRH's views that the President may act in his personal discretion to cancel or confirm the order, having first considered the PCRH's recommendations. In confirming an order, he may make such variations as he thinks fit., Art. 21(2)(h); MRHA, ss. 12(2) and (3). In exercising his discretion the President may, but is not bound to, consult the Council of Presidential Advisers.Constitution, Art. 21(4). All orders made under sections 8 and 9 cease to have effect unless they are confirmed by the President within 30 days from the date the PCRH's recommendations are received by the President.MRHA, s. 12(1).
Any restraining order issued cannot exceed two years.MRHA, ss. 8(3) and 9(3). However, an order may be extended before its expiration for a further period or periods not exceeding two years at a time.MRHA, s. 13(1). Any order made or extended is reviewable by the Minister every 12 months or less, with the date of the first review being not more than 12 months after the date the order was made or extended.MRHA, s. 14(1). The Minister may at any time revoke any restraining order.MRHA, s. 14(2).
Section 18 of the MRHA declares the decisions of the President, Minister and the council to be final and not capable of being called in question in any court.On the effectiveness of this provision in preventing judicial review, see the "Internal Security Act" section below. Since the President's circumscribed veto is conditional on a disagreement between the Cabinet and the PCRH,MRHA, s. 12(3). there is a low probability of the original decision by the Minister being altered.
Presidential Council for Religious Harmony
Composition
The Presidential Council for Religious Harmony comprises a chairman and between six and fifteen other members appointed by the President on the advice of the Presidential Council for Minority Rights ("PCMR").MRHA, ss. 3(1) and (2). Appointments last for three years, after which the members may be reappointed for between one and three years.MRHA, s. 3(4). Any appointment by the President is entirely a matter of his personal discretion and cannot be challenged in court.MRHA, s. 18.
At least two-thirds of the Council must be representatives of major religions in Singapore. The term major religions is not defined in the Act. The remaining members must, in the opinion of the PCMR, have distinguished themselves in public service or community relations in Singapore.MRHA, s. 3(2).
All members of the PCRH must meet certain qualification requirements that are set out in the Act.MRHA, s. 3(7). They must be Singapore citizens resident in Singapore who are at least 35 years old and not liable to the following disqualifications:MRHA, s. 3(8).
Being mentally disordered and incapable of managing themselves or their affairs. Being insolvent or undischarged bankrupts.