Laws of our land Part IV: Racism & Maintenance of Religious Harmony Act

In between having to work, I thought idly about why the prosecutors chose to charge the two bloggers/forummers under the Sedition Act. One of the first thoughts that came to mind was ‘what about the Religious Harmony Act’? (The other thought was, ‘wah lao, now damn crowded, better wait until 2pm to have lunch).

At least one other blogger has asked the same question as well.

So, I searched online for the Religious Harmony Act. And couldn’t find it.

It’s called ‘Maintenance of Religious Harmony Act‘, implying, in my opinion, that there already is religious harmony, and that this Act of Parliament was enacted to maintain this status quo.

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Having found the Act, I found that the provisions therein (wah, therein, wherefore, artthou, therefore, golly, nabeh) did not quite provide for the acts allegedly committed by the two bloggers/forummers.

The closest the Act comes to doing so can be said to be contained in ss 8-9:

Restraining orders against other persons9. —(1) Where the Minister is satisfied that —

(a) any person is inciting, instigating or encouraging any religious group or religious institution or any person mentioned in subsection (1) of section 8 to commit any of the acts specified in that subsection;

(b) any person, other than persons mentioned in subsection (1) of section 8, has committed or is attempting to commit any of the acts specified in paragraph (a) of that subsection,

he may make a restraining order against him.

where ‘acts specified in the subsection’ are:

(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.

the prosecutors might have had trouble putting this case under this piece of legislation because:

You need to prove causation (s8.1(a) – where the act = “causing feelings of enmity, et cetera“, as opposed to “any act that causes feelings of enmity, et cetera” ). We could say that the act at issue in this matter was that the two bloggers wrote (typed) racist comments, whereas they might have one more step to prove that they ’caused feelings of enmity, et cetera’.

Eh? This piece of legislation no need prosecutors or judges or courts one, Minister say so can already. How come Minister haven’t say so?

Restraining Order? What good is a restraining order if you can only punish them if they break the restraining order?

Enmity, hatred, ill-will or hostility between different religious groups? Don’t have leh, one side got religious concern and could be construed as a religious group, the other side… where’s the other side?

Now, folks, you may understand clearer now that the Maintenance of Religious Harmony Act was enacted for a different intent. And for some of us, (who are more concerned with what to eat for lunch) we are clearer now as to the purposes of several other pieces of legislation, notwithstanding the fact that the language these pieces of legislation are couched in can very easily cause the provisions to be construed as instruments used to maintain an authoritarian regime.

Race and religion are very much intertwined in our national situation. I don’t know if it’s wrong to have further discussion on the matter of race, religion and ethnic identity, especially as regards Malay-Muslim identity, which is one where a person of ethnic Malay origin could say, ‘I am Malay, therefore I am Muslim’, whereas a person of ethnic Chinese origin cannot say ‘I am Chinese, therefore I am Buddhist’.

I know this is simplistic, but so is our national policy of persisting with classifying ‘race’ – a three dishes and ‘economy rice’ pigeonhole system which immediately highlights it’s own fallibility: Did you know that a child of a Indian father and a Chinese mother is classified ‘Indian’?

You may end up having for instance this situation: an ‘inter-racial’ marriage that spawns four more generations of inter-marriages – ethnic Indian great grandfather + Chinese great grandmother => Indian grandfatherfather + Malay grandmother => Indian father + Chinese mother => Children who still hold birth certificates and identity cards that classify them as ‘Indian’.

Apart from having to think a little bit more than we’re used to, what else do we come away with knowing as bloggers and otherwise upright citizens of this fine country? That racism in all forms is bad, and should rightly be taken as a threat to our fair nation’s cohesion, a threat that can be construed as one that has a tendency to be seditious.

We’d be mistaken if we were to say that racism did not exist in this country, and that just because there’s a national citizens’ pledge (what about the PRs?) that says we should build a nation based on justice and equality, that we would have been rid of this blight. We could say the retention of the Sedition Act shows we’re not yet rid of it, amongst other evils, and if we can have a Maintenance of Religious Harmony Act, surely we could have a Maintenance of Racial Harmony Act or an Anti-Racial Vilification Act?

Having asked that, one of my American business partners asked me today what the whole furore was about, and I told her. Her response? – ‘Well it (racism) should be an offence against the State! It does make sense!’

Now, what to eat for lunch? Food court sounds good. All foods from all creeds. Got aircon can already.

iTunes is playing an illegal copy of My Country from the album “Bad Love” by Randy Newman of which I have the original CD.
Surf stop: Elia Diodati’s excellent wiki on the case

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13 responses to “Laws of our land Part IV: Racism & Maintenance of Religious Harmony Act”

  1. lindsey Avatar
    lindsey

    you know, i think there’s something wrong with your imaging directory. clicking on your pictures always bring me to a dead page.

  2. lindsey Avatar
    lindsey

    you know, i think there’s something wrong with your imaging directory. clicking on your pictures always bring me to a dead page.

  3. spinnee Avatar

    if they are also charged with that religious harmonious act, they are really in hot soup boy…

    again, this is a learning experience for everyone. or a gauge or a gateway to all not to trip over something too sensitive.

    or skin the cat correctly. *winK*

  4. spinnee Avatar

    if they are also charged with that religious harmonious act, they are really in hot soup boy…

    again, this is a learning experience for everyone. or a gauge or a gateway to all not to trip over something too sensitive.

    or skin the cat correctly. *winK*

  5. Michael Chua Avatar

    Yup. There are so many things under the sun for us bloogers to comment about. Why must we go and attack a race or a religion? Just look at Mr Brown and Mr Miyagi. They are the pioneers who have been blogging for years without ever getting into trouble with the authorities. They are very good examples and mentors for new bloggers to look up to.

  6. Michael Chua Avatar

    Yup. There are so many things under the sun for us bloogers to comment about. Why must we go and attack a race or a religion? Just look at Mr Brown and Mr Miyagi. They are the pioneers who have been blogging for years without ever getting into trouble with the authorities. They are very good examples and mentors for new bloggers to look up to.

  7. virgin_undergrad Avatar

    i see. so it seems more likely that the 2 of them were charged under the sedition act instead of the MRH act because of some concerns regarding the legal technicalities, rather than out of some insidious intention to clamp down on cyber political expression.

    it all becomes alot clearer now. thanks mr miyagi!

  8. virgin_undergrad Avatar

    i see. so it seems more likely that the 2 of them were charged under the sedition act instead of the MRH act because of some concerns regarding the legal technicalities, rather than out of some insidious intention to clamp down on cyber political expression.

    it all becomes alot clearer now. thanks mr miyagi!

  9. […] Read other local bloggers’ comments relating to this incident. […]

  10. Ari Avatar

    “…Regardless of race, language or religion… to build a democratic society…”

    No offence but in my personal view, after reviewing this sensitive racial matter, I guess the (Singapore) pledge isn’t having enough direction towards (our) racism issues as stated above to educate our people about democracy and racial harmony.

    Even if actions were to be taken in court, or not, by the judge or the minister, we cannot possibly change the convicted minds about their views on other races. The punishment received would only trigger further hatred towards the intended race or worse, to the country. Perhaps for some of us (I don’t know) whom are the silent racists, punishment might only inflict fear but not instill racial harmony.

    IMO, the internet should be a place for freedom. Positive or otherwise, humans should embrace the distinct fact of honesty, rather than being pleased with hypocrisy.

    Ps: I love people. They make me smile…

  11. Ari Avatar

    “…Regardless of race, language or religion… to build a democratic society…”

    No offence but in my personal view, after reviewing this sensitive racial matter, I guess the (Singapore) pledge isn’t having enough direction towards (our) racism issues as stated above to educate our people about democracy and racial harmony.

    Even if actions were to be taken in court, or not, by the judge or the minister, we cannot possibly change the convicted minds about their views on other races. The punishment received would only trigger further hatred towards the intended race or worse, to the country. Perhaps for some of us (I don’t know) whom are the silent racists, punishment might only inflict fear but not instill racial harmony.

    IMO, the internet should be a place for freedom. Positive or otherwise, humans should embrace the distinct fact of honesty, rather than being pleased with hypocrisy.

    Ps: I love people. They make me smile…

  12. WoonHung Avatar

    I beg to differ.

    Ideally, all of us should understand the meaning of freedom & responsibility. In this case, social responsibility. If everyone practised some discretion, we won’t be in this situation.

    I’m all for honesty while blogging. Unfortunately, some of us abuse that freedom. If left open & honest to the fullest (blogging that is), some of us run rampant & rant about sensitive topics that offend, abuse, destroy & tear people down. Then, in the name of blogging declare, where stands “freedom in blogging”? Where did it go?

    About the recent hoo-haa, I agree to the charge. Because some small problems can become long term dire consequences. Some small problems go away. This is the former, not the latter. If the seed of racial discontent is sown in our hearts & given allowance to display in any form, (including blogging) it can grow to become destructive. And there is no way of turning back. Look at countries with deep-seated racism, some never get out of it.

    I’m not pro-government. Please.

    We should be honest, but that doesn’t mean giving way to pleasing with hypocrisy. I think that is the other extreme end of the spectrum. Personally, I believe in loyalty, discretion & self-control. Therefore, I choose not to blog about some things. Some things are best left alone.

  13. WoonHung Avatar

    I beg to differ.

    Ideally, all of us should understand the meaning of freedom & responsibility. In this case, social responsibility. If everyone practised some discretion, we won’t be in this situation.

    I’m all for honesty while blogging. Unfortunately, some of us abuse that freedom. If left open & honest to the fullest (blogging that is), some of us run rampant & rant about sensitive topics that offend, abuse, destroy & tear people down. Then, in the name of blogging declare, where stands “freedom in blogging”? Where did it go?

    About the recent hoo-haa, I agree to the charge. Because some small problems can become long term dire consequences. Some small problems go away. This is the former, not the latter. If the seed of racial discontent is sown in our hearts & given allowance to display in any form, (including blogging) it can grow to become destructive. And there is no way of turning back. Look at countries with deep-seated racism, some never get out of it.

    I’m not pro-government. Please.

    We should be honest, but that doesn’t mean giving way to pleasing with hypocrisy. I think that is the other extreme end of the spectrum. Personally, I believe in loyalty, discretion & self-control. Therefore, I choose not to blog about some things. Some things are best left alone.

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