Under the new Bill, the process for a racial content Restraining Order (RO) begins with the Minister for Home Affairs deciding to issue one against an individual or entity, “for conduct that causes feelings of enmity, hatred, ill will or hostility between different races in Singapore”, said MHA.
It will indicate the specific activities that the person is prohibited from doing and the duration of the RO, which can be up to a maximum of two years.
They could be prohibited from communicating or distributing specific information or material, or from addressing a specified audience on a specified subject.
The RO could also require them to “take all reasonably practicable steps to ensure that any specified information or material is no longer available to the general public in Singapore”, said MHA.
They could also be prohibited from printing, editing, assisting or contributing to a specified publication, or holding office in its editorial board or committee.
“A copy of the RO, as well as the grounds, facts, and documents supporting the RO, is given to the person, at which point it takes immediate effect,” said MHA.
A copy of those documents are given to the Presidential Council for Racial and Religious Harmony (PCRRH) at the same time.
The RO’s recipient can make written representations to the PCRRH within 14 days of being issued with the order, and the council must within 44 days of the issuance make its recommendation on whether the RO should be cancelled, confirmed or varied.
This recommendation is sent to both the president and the Cabinet, which also gives its own advice to the president on the steps to take regarding the RO.
If the Cabinet and the PCRRH have differing views, the president may act at his own discretion to make the final decision. He must do so within 30 days of receiving the council’s recommendation.
The Home Affairs Minister can also issue foreign influence ROs to specified race-based entities in Singapore.
These aim to “pre-empt, prevent, or reduce foreign influence that may undermine racial harmony, and present a threat to public peace and public order in Singapore”, said MHA.
Such ROs would prohibit an entity from accepting donations from a specified foreign principal, or any anonymous donation. They would have to return or dispose of any that they receive.
They are also prohibited from forming or maintaining an affiliation with a foreign principal, and can be disallowed from appointing certain individuals to their governing body.
The penalties for violating an RO are a fine of up to S$10,000 or imprisonment for up to two years, or both.
