Call for ROS to step in and dissolve AWARE for breaching provisions under Societies Act (CAP 311)

Call for ROS to step in and dissolve AWARE for breaching provisions under Societies Act (CAP 311)

Last week, Dr Vivian Balakrishnan indicated that the government will not intervene in the AWARE saga as the Societies Act clearly spells out how associations should conduct their affairs and the association’s constitution also regulates arrangements between members. (read report here)

The minister also emphasised that it is important for all Singaporeans to remember and also remain sensitive to the fact that they are living in a multi-racial and multi-religious society.

Though Dr Vivian has been circumspect about the controversies which the new AWARE exco found themselves embroiled in, he had strong words for all parties concerned that it is important for organisations to keep religion above the fray of petty politics.

May I ask Dr Vivian if religious organizations are allowed to interfere in the internal affairs of a secular NGO?

Recent events have more than adequately demonstrated the prominent roles of COOS and its pastor Derek Hong in the coming EGM of AWARE.

The Church of Our Saviour (COOS) have been encouraging people to join Aware and support the new team. There were unconfirmed rumors going around that COOS is paying for transport to bring busloads of supporters to the Singapore EXPO to vote at its EGM.

The venue of the EGM has been changed abruptly to the Singapore EXPO Hall 2 only this week which is within walking distance of the Max Pavilion where the “Transformation Conference 2009″ co-host by COOS and 40 other churches will be held.

[Note: the venue has been changed abruptly yesterday to Suntec Exhibition Hall 402 after we spilled on their ploy with the choice of EXPO as a venue]

In a weekend sermon posted on its website, Pastor Derek Hong urged the women in his flock to ‘be engaged’ and support Ms Lau and ‘her sisters’ at Aware. He said: ‘It’s not a crusade against the people but there’s a line that God has drawn for us, and we don’t want our nation crossing that line.’ (read article here)

Emails have been circulated by COOS members urging fellow Christians and friends to sign up for AWARE membership and turn up to support the new exco, one of which is by Dr Alan Chin, the husband of AWARE President Josie Lau. (read letter )

Under provision 24 of the Societies Act (CAP 311), the minister may order dissolution of any society whenever it appears to the minister that:

(a) any registered society is being used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore;

(aa) the registration of any society has been procured by fraud or misrepresentation;

(b) any registered society is being used for purposes incompatible with the objects and rules of the society;

[source: Statues of Singapore]

The present actions of the new AWARE exco have contravened the above three provisions under the Act:

1. Singapore is a multi-racial and multi-cultural society. The mobilizing of large numbers of Singaporeans in the name of religion to support the new exco at the EGM is prejudicial to public peace, welfare or good order in Singapore.

2. Many new members of AWARE have been urged by faith-based groups to sign up to support their religion. There is obvious misrepresentation of the values, principles and mission of AWARE as a non-religious, secular group whose purpose is to serve the interest of the women community in Singapore and not any particular religion.

3. AWARE is now used for purposes incompatible with the objects and rules of the society which is to promote an anti-homosexual agenda under the guise of a secular organization.

Furthermore, ROS needs to investigate possible misuse of AWARE funds by the new exco to ensure it stay on in power under provision 19 of the same Act:

Penalty for misuse of money or property of a registered society.

19. —(1) Where on complaint made by a member of a registered society or by the Registrar it is shown to the satisfaction of a District Court or a Magistrate’s Court that any officer or member of that society has in his possession or control any property of the society otherwise than in accordance with the rules of the society, or has unlawfully withheld any money of the society or wilfully applied such money to purposes other than those expressed or directed in the rules of the society and authorised by this Act, the Court shall, if it considers the justice of the case so requires, order the officer or member to deliver all such property to the trustees of the society or such other persons as the Court may appoint and to pay to them the money so unlawfully withheld or improperly applied.

AWARE is a NGO whose funds are contributed by many organizations including Buddhist temples. The cost of renting Suntec convention hall for its EGM is exorbitant and it must be justified by the new exco.

AWARE has no more than 500 members in the last 24 years of existence and its AGM is usually attended by less than a hundred people.

The sudden increase in membership over the last few weeks raised the question if the new members are joining AWARE out of a genuine interest to serve the society or are simply there to make up the numbers to support the new exco.

The hasty last minute change in the EGM venue would have caused AWARE to lose a few thousand dollars in forfeited deposit.

The engagement of Rajah & Tann to observe the proceedings at the EGM will probably run up to a few thousand dollars in legal fees.

The new exco needs to explain why AWARE has to incur such expenses in such a short span of time. Are the funds used to serve the interest of the society or to keep themselves in power?

In such a scenario, the actions of the new exco would have “wilfully applied such money to purposes other than those expressed or directed in the rules of the society.”

Therefore, there is a case for the Registry of Societies to dissolve AWARE with immediate effect and to conduct an investigation into the accounts of AWARE.

Concerned AWARE members may consider lodging a complaint directly to ROS to conduct a probe into the society’s accounts should the authorities continue to procrastinate.

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