This reflective report is based on the parallel session titled “The Future Legislative Landscape relating to Civil Society in Singapore,” which was held at the IPS Conference on Civil Society 2013, 11 November, Grand Copthorne Waterfront Hotel.
Speaker
Dr Kevin Tan
Immediate Past President
Singapore Heritage Society
Chairperson
Mr Nicholas Fang
Executive Director
Singapore Institute of International Affairs and
Nominated Member of Parliament
This session discussed the laws that guide the operation of civil society in Singapore and what can or should change in order to facilitate future development of the sector. A summary of the session and the reflections of the rapporteur follow.
Speaker’s Presentation
Dr Kevin Tan began the session by discussing the key provisions relating to civil society in Singapore, found in Article 14(1) of the Constitution which lays out the rights of Singapore citizens to the freedom of speech, assembly, and to form associations. However, similar to clauses in other laws and declarations such as the International Covenant of Civil and Political Rights and the Declaration of Human Rights, restrictions are placed on these rights in Article 14(2) – they are derogable rights (which means they can be limited or suspended in some way). The salient issue therefore is not the law itself, but rather the implementation of its provisions.
Dr Tan cited as an example the evolution of the implementation of Article 14(1C) – the right to form associations. Previously, it was not unheard of to wait a year for the result of an application to register a society. However, the Societies Act was amended in 2004 to place the burden of proof on the Registrar of Societies to explain why applications were rejected, reflecting that it was a citizen’s right to form associations. This act was further amended in 2007 to make a distinction between groups listed in a Schedule of societies that require the Registrar’s approval and those that enjoy automatic approval. The Schedule encompasses groups representing ‘any religion, ethnic group, clan, nationality or class of persons defined by reference to their gender or sexual orientation’, political associations, and associations established under foreign instruction, among others. (See appended Schedule.)
After a society is approved, the Registrar is also still able to change the constitution of a society, and to place restrictions on, for example, it receiving foreign funding, whether it can hold open forums, and carry out open recruitment for members.
Dr Tan then gave his ‘wishlist’ of the legislative changes. This included adding more safeguards to the Internal Security Act and having the law play a greater role in this reform as opposed to the Executive; reviewing the Sedition Act which currently allows the Executive a large degree of discretion in implementing it, and perhaps dealing with some of its provisions under ordinary criminal law instead; making the definition of defamation under the Defamation Act less ambiguous and introducing qualified privilege in reporting on public personalities; refining the rules for the organisation and staging of meetings and ‘public entertainment’.
Dr Tan ended by emphasising that simply changing laws may not necessarily bring about a more vibrant civil society. Instead, its vibrancy will depend on the perceptions of the government and its attitude towards civil society.
Question and Answer Session
Political Donations Act
A participant argued that there is foreign funding filtering through to some organisations in Singapore like religious or religiously-inspired groups that stand for narrow causes and intolerance. Unfortunately, groups that would typically challenge these find themselves hobbled by the proscription against foreign funding (presumably through the Political Donations Act) and so do not have the equivalent resources to mount an equal fight. The question then is whether the proscription be even more widely applied or removed altogether. Dr Tan suggested that it would be better for the authorities to work harder to ensure that flows into the country to fund intolerant groups be stopped although he recognised that it would be challenging to find all instances of this.
Rules for the organising and staging of meetings
A participant felt that the restrictions imposed on the organising and staging of meetings represented a ‘day-to-day stumbling block’ for organisations. For example, groups who wanted to invite foreign experts in Singapore to speak at events would need to first get a permit [Editor’s note: approval from the Ministry of Manpower]. [1]
The Sedition Act
Participants felt that the broad nature of the Sedition Act gives the Executive too much discretion in its application and that it could curb discussions that could be beneficial even on sensitive topics of race and religion. In response, it was clarified that there is a clause in the Act stating that opinions offered to improve government are not seditious but admittedly, this clause is not well known and people are still fearful of being charged under the Act. (Please see Appendix).
The Internet and online engagement
A participant suggested that social media could act as a safety valve, allowing citizens to vent their frustration in-between elections. Another participant agreed, but this was not a conscious political strategy of the government. It is simply because it cannot regulate the internet so thoroughly.
There is also a difference between participating in online discussions and in joining a civil society group. While citizens are now more engaged online on a select group of issues, this engagement is usually not sustained. The anonymity of the Internet also sometimes results in ranting and extremist comments, as opposed to a concerted constructive effort to effect change.
The state and civil society
A participant argued that democracies have an interest in fostering civil society as it can act as a check against rogue governments. A strong civil society could act as an additional ‘key’, protecting what Singapore has built up. Unfortunately, people performing this role are often viewed as troublemakers because they disagree with the government. However the business of government can be messy and the voters who have elected their leaders need not agree with those leaders all the time. Also, there will always be those who are radical. What is important is for government leaders to work with those in the middle, even those who have dissenting views and the good thing today is that there are some in government who are more open to different views.
Reflections
The legislative landscape relating to civil society comes across as confusing and difficult to navigate for many different reasons – the broad language used in legislation, the different pieces of legislation in force, and misconceptions about existing legislation. This landscape would be difficult for any organisation to navigate, let alone the often smaller and less well-staffed civil society organisations. Refinements may be necessary in some pieces of legislation going forward as discussed in the session. What might also be useful is greater co-operation between those in the legal profession and civil society organisations to navigate the current legislative landscape.
Action Points
• More safeguards should be added to the Internal Security Act. The law should be given a greater role in this reform, as opposed to the Executive.
• The broad crafting of words in the Sedition Act gives the Executive a large degree of discretion in its application. Review to see which of its provisions can placed under ordinary criminal law instead.
• The Defamation Act should more clearly define ‘defamation’. It should also be reformed to include some sort of qualified privilege in reporting on public personalities.
• Check on the loopholes in the Political Donations Act, or how ‘non-political’ groups take advantage of being left out of this even though they are shaping governance in some critical manner by advocating on certain issues.
• Refine the rules for the organisation and staging of meetings and ‘public entertainment’.
[1] The Public Order Act requires a police permit for a wide range of gatherings (please see Appendix). If foreign speakers are invited, applicants would need to seek approval from the Ministry of Manpower first, and submit this approval in their application for a police permit.
Valerie Koh is a Research Assistant with the Institute of Policy Studies.
Please do continue to keep an eye out for more reports on the Civil Society Conference, including:
Contemplations on Civil Society circa 2013 by Gillian Koh
Appendix:
Article 14, Constitution of Singapore [2]
14. – (1) Subject to clauses (2) and (3) –
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
14. – (2) Parliament may by law impose –
(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.
14 – (3) Restrictions on the right to form associations conferred by clause (1) (c) may also be imposed by any law relating to labour or education.
The Schedule [Societies Act, Sections 4(1) and 33A] [3]
Specified Societies
1. Any society whose object, purpose or activity, whether primary or otherwise, is to –
(a) represent;
(b) promote any cause or interest of; or
(c) discuss any issue relating to,
any religion, ethnic group, clan, nationality or a class of persons defined by reference to their gender or sexual orientation.
2. Any political association.
3. Any society which uses the word “National” or “Singapore” in its name, except where the word “Singapore” or any abbreviation thereof is used to indicate the society’s place of registration.
4. Any society whose object, purpose or activity, whether primary or otherwise, is to –
(a) represent persons who advocate;
(b) promote; or
(c) discuss any issue relating to,
any civil or political right (including human rights, environmental rights and animal rights).
5. Any society whose object, purpose or activity, whether primary or otherwise, is to discuss any matter relating to the governance of the Singapore society.
6. Any society whose object, purpose or activity, whether primary or otherwise, is to promote or discuss the use or status of any language.
7. Any society which is formed under the instruction of a foreign government or an organisation affiliated to a foreign government.
8. Any society which is formed under the instruction of a foreign organisation or is affiliated to a foreign organisation or whose major source of funding is from outside of Singapore, but does not include the Rotaract Club, Rotary Club, Toastmaster’s Club and the Lions Club.
9. Any alumni of an educational institution that is not established in Singapore.
10. Any society which has an office bearer who –
(a) was previously holding office in a society that was dissolved under section 24 and the order for dissolution was made less than 3 years ago;
(b) while being a member of any society, was convicted for an offence involving the unlawful expenditure of the funds of the society; or
(c) has been previously declared in writing by the Minister to be unfit to act as an officer of a society.
11. Any society whose object, purpose or activity, whether primary or otherwise, is to promote, discuss any issue relating to, or to provide training in any form of pugilistic or martial arts.
Public Order Act [Extracts] [4]
From Part I, Preliminary
Interpretation
2. – (1) In this Act, unless the context otherwise requires –
“assembly” means a gathering or meeting (whether or not comprising any lecture, talk, address, debate or discussion) of persons the purpose (or one of the purposes) of which is –
(a) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government;
(b) to publicise a cause or campaign; or
(c) to mark or commemorate any event,
and includes a demonstration by a person alone for any such purpose referred to in paragraph (a), (b) or (c);
“procession” means a march, parade or other procession (whether or not involving the use of vehicles or other conveyances) –
(a) comprising 2 or more persons gathered at a place of assembly to move from that place substantially as a body of persons in succession proceeding by a common route or routes; and
(b) the purpose (or one of the purposes) of which is –
(i) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government;
(ii) to publicise a cause or campaign; or
(iii) to mark or commemorate any event,
and includes any assembly held in conjunction with such procession, and a march by a person alone for any such purpose referred to in paragraph (b)(i), (ii) or (iii);
“public assembly” means an assembly held or to be held in a public place or to which members of the public in general are invited, induced or permitted to attend;
“public place” means –
(a) any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, whether or not access to the place may be restricted at particular times or for particular purposes, and whether or not it is an “approved place” within the meaning of the Public Entertainments and Meetings Act (Cap. 257); or
(b) a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public;
“public procession” means a procession in, to or from a public place;
From Part II, Assemblies and Processions
Regulation of public assemblies and public processions
5. – (1) Subject to the provisions of this Act, a public assembly and a public procession shall not take place unless –
(a) the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession, and a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be; and
(b) the holding of that public assembly or public procession is not prohibited under section 12 or 13.
(2) This section shall not apply to –
(a) an assembly or a procession exempted from this section under section 46; and
(b) an assembly or a procession within any part of an unrestricted area not falling within a special event area.
Sedition Act [Extract] [5]
Seditious tendency
3. – (1) A seditious tendency is a tendency –
(a) to bring into hatred or contempt or to excite disaffection against the Government;
(b) to excite the citizens of Singapore or the residents in Singapore to attempt to procure in Singapore, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Singapore;
(d) to raise discontent or disaffection amongst the citizens of Singapore or the residents in Singapore;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Singapore.
(2) Notwithstanding subsection (1), any act, speech, words, publication or other thing shall not be deemed to be seditious by reason only that it has a tendency –
(a) to show that the Government has been misled or mistaken in any of its measures;
(b) to point out errors or defects in the Government or the Constitution as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects;
(c) to persuade the citizens of Singapore or the residents in Singapore to attempt to procure by lawful means the alteration of any matter in Singapore; or
(d) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of Singapore,
if such act, speech, words, publication or other thing has not otherwise in fact a seditious tendency.
(3) For the purpose of proving the commission of any offence under this Act, the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact such act had, or would, if done, have had, or such words, publication or thing had a seditious tendency.
[2] Singapore Statutes Online, Attorney-General’s Chambers, accessed 21 November 2013
[3] Singapore Statutes Online, Attorney-General’s Chambers, accessed 21 November 2013
[4] Singapore Statutes Online, Attorney-General’s Chambers, accessed 22 November 2013
[5] Singapore Statutes Online, Attorney-General’s Chambers, accessed 22 November 2013