Singapore sets procedure for religious harmony restraining orders

Singapore has set a new procedural framework for restraining orders issued under the Maintenance of Religious Harmony Act 1990, with the Maintenance of Religious Harmony (Restraining Orders) Regulations 2026 published as S 603/2026 in the Government Gazette on 14 September 2026. The Regulations, made by the Minister for Home Affairs under section 19 of the Act, come into operation on 15 September 2026 and govern how representations, responses and hearings before the Presidential Council for Racial and Religious Harmony are conducted.

The instrument was signed on 10 September 2026 by Tan Chye Hee, Permanent Secretary of the Ministry of Home Affairs, and revokes the earlier Maintenance of Religious Harmony (Restraining Orders) Regulations 2022 (G.N. No. S 861/2022). It applies to any person, including a religious group, against whom a restraining order is made, as well as to the Minister.

Filing and service

All documents must be addressed to the “Secretary, Presidential Council for Racial and Religious Harmony” and filed either by email to PCRRH_Secretariat@mha.gov.sg or by registered post to the PCRRH Secretariat, Ministry of Home Affairs, New Phoenix Park, 28 Irrawaddy Road, Singapore 329560. Once a document is filed, the secretary must serve a copy on the other party and send a copy to every member of the Council.

• Representations must state the representor’s name and address, any authorised representative, and an email address for service.
• They must include a copy of the restraining order, the grounds for objecting, and any affidavits or supporting documents.
• Proposed witnesses must be identified by full name, identity card, passport or work pass number, nationality and date of birth.
• The Minister may file a response within 5 working days of receiving the representations.
• The representor may file a reply within 2 working days of receiving the Minister’s response.

Proceedings before the Council

After receiving a restraining order, the Council must give directions on how it intends to review the order, including whether it will hear oral evidence and whether further information is required. The Council may hear oral evidence, require it to be given on oath, allow live video links, and appoint interpreters and translators. Before making its recommendation, it must give all parties the opportunity to make submissions on the written and oral evidence.

• A restrained person may authorise one or more representatives; the Minister may authorise public officers.
• An authorised representative or officer must be a citizen of Singapore and may be an advocate and solicitor under the Legal Profession Act 1966.
• The Council may proceed without a party who fails to appear after due notice.
• The Evidence Act 1893 and other written evidence laws do not apply to Council proceedings.

Offences and final provisions

The Regulations create offences for failing to comply with Council notices. A person who fails to comply with a notice to produce documents or information is liable to a fine not exceeding $2,000, while destroying, damaging, altering or falsifying required documents carries a fine of up to $10,000. Refusing to answer a question before the Council is punishable by a fine of up to $5,000, and knowingly giving false or misleading evidence by a fine of up to $10,000.

The Council may give directions to cure or waive any failure to comply with the Regulations, and the chairperson may correct clerical mistakes. When the Council makes its recommendation on a restraining order, the secretary must notify the parties without delay.

The Regulations give religious groups and individuals subject to restraining orders a clear, structured avenue to object and be heard, while preserving the Council’s flexibility to run proceedings justly and efficiently. For those affected, the new rules set out exactly how to file, who may represent them, and the deadlines that apply.

Source: Republic of Singapore Government Gazette, S 603/2026, published 14 September 2026, Subsidiary Legislation Supplement (official reference: S 603/2026).