Declaration by Board Members of Charities

Mr Lim Biow Chuan asked the Minister for Culture, Community and Youth (a) if he can provide the rationale for requiring board members of organisations applying to be new charities to declare that they have not been convicted of any offence in a court of law when the Charities Act only disqualifies those who have been convicted of offences involving dishonesty or deception; and (b) whether this requirement prejudices potential volunteers who may have committed minor offences and whose offences have been deemed as spent offences under the Registration of Criminals Act.

Charities are public interest entities and the public holds a high expectation of governing board members, charity trustees and key officers as they are entrusted with the proper administration of charities. Hence, integrity and honesty and not just capability, are important pre-requisites of persons in such roles. The relevant disqualification clauses under the Act are intended to protect charities against individuals who may not act in the best interests of the charities.

Specifically, section 27(1) (a) of the Charities Act stipulates that a person shall be disqualified from being a governing board member or key officer of a charity or a trustee for a charity if he has been convicted, whether in Singapore or elsewhere, of any offence involving dishonesty or deception. Section 25(4) of the Charities Act states that the Commissioner of Charities (COC) may remove a governing board member or key officer of a charity where the governing board member or key officer has been convicted of an offence involving dishonesty, fraud or moral turpitude.

As the Member has highlighted, the Charity Portal currently contains a declaration for board members to confirm that they have not been convicted of any offence in a court of law. I recognise that this declaration is worded more broadly than the specific provisions in the Act. I have therefore asked the COC's Office to review the wording of the declaration to reflect the intention of the Act more accurately.

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