Statute Details
- Title: Charities (Prohibition of Fund-Raising Appeal) Order 2018
- Act Code: CA1994-S435-2018
- Type: Subsidiary legislation (Order made by the Commissioner of Charities)
- Enacting / Authorising Act: Charities Act (Chapter 37), section 39B(1)
- Order Number: S 435
- Status: Current version as at 26 Mar 2026
- Commencement: 29 June 2018
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Prohibition)
- Target of Prohibition: Ashlee Chua Jermaine (Singapore citizen; Date of Birth: 22 April 1986)
What Is This Legislation About?
The Charities (Prohibition of Fund-Raising Appeal) Order 2018 is a targeted regulatory instrument issued under Singapore’s Charities Act. In plain terms, it empowers the Commissioner of Charities to stop a specific person from conducting a “fund-raising appeal” for charitable purposes. The Order is not a general framework for charities; rather, it is a prohibition order directed at an identified individual.
The practical purpose of the Order is to protect the public and the charitable sector from improper or potentially harmful fund-raising conduct. Fund-raising appeals can involve collecting money from members of the public, and the Charities Act contains mechanisms to ensure that such activities are conducted lawfully and responsibly. Where the Commissioner considers it necessary, section 39B(1) authorises the Commissioner to prohibit and stop fund-raising appeals by a specified person.
Although the Order is brief, it is legally significant because it creates an immediate and enforceable restriction. Once in force, the prohibited person must not conduct any fund-raising appeal. For practitioners, the key legal questions typically concern (i) what counts as a “fund-raising appeal”, (ii) the evidential basis and procedural fairness surrounding the Commissioner’s decision, and (iii) the consequences of non-compliance.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and timing of the instrument. It states that the Order is the “Charities (Prohibition of Fund-Raising Appeal) Order 2018” and that it comes into operation on 29 June 2018. For legal practice, commencement matters because it determines when the prohibition becomes enforceable and when any subsequent conduct must be assessed against the Order.
Section 2 (Prohibition) is the operative provision. It states that the Commissioner prohibits and stops the conduct of any fund‑raising appeal by Ashlee Chua Jermaine (identified as a Singapore citizen with date of birth 22 April 1986). The language “prohibits and stops” indicates that the Order is not merely declaratory; it is intended to halt conduct immediately and prevent any further fund-raising appeals by the named individual.
Several practical points flow from the wording of section 2. First, the prohibition is person-specific. It does not impose a general rule on all fund-raising activities; it targets the named individual. Second, the prohibition is activity-specific—it covers “any fund‑raising appeal”. The phrase “any” suggests breadth: it is not limited to particular methods (for example, door-to-door, online, or events) or particular causes, provided the activity qualifies as a fund-raising appeal within the meaning of the Charities Act framework.
Third, the Order is framed as a stop order. The Commissioner’s authority under section 39B(1) is exercised to prevent ongoing or future conduct. For practitioners advising clients, this means that compliance advice must be conservative: if there is any risk that a proposed activity could be characterised as a “fund‑raising appeal”, the prohibited person should not proceed without addressing the prohibition and seeking appropriate legal clarification or remedial steps.
While the extract provided contains only sections 1 and 2, the legal effect is still clear: once the Order is in force, the prohibited person is under a statutory prohibition. The practitioner’s focus should therefore shift to how the term “fund‑raising appeal” is interpreted in the broader Charities Act context and what enforcement pathways exist for breaches (including potential criminal or regulatory consequences under the Act).
How Is This Legislation Structured?
The Order is structured in a simple, two-section format typical of targeted subsidiary legislation. It contains:
(a) Enacting formula—sets out the legal basis for the Commissioner’s power, namely section 39B(1) of the Charities Act.
(b) Section 1—citation and commencement.
(c) Section 2—the substantive prohibition directed at the named individual.
There are no schedules, definitions, or procedural provisions in the extract. This is consistent with the nature of an Order that is meant to be immediately operational. In practice, practitioners should therefore read the Order together with the Charities Act, particularly the provisions that define “fund‑raising appeal” and the enforcement and appeal mechanisms that apply to prohibition orders.
Who Does This Legislation Apply To?
This legislation applies directly to the individual named in the Order: Ashlee Chua Jermaine, a Singapore citizen born on 22 April 1986. The prohibition is personal and does not automatically extend to other individuals, even if they are associated with the prohibited person.
However, the broader compliance implications can extend indirectly. For example, if the prohibited person is involved in organising activities, managing accounts, or representing a cause, other parties (such as event organisers, platforms, or charities) may need to ensure that they are not facilitating the prohibited person’s “fund‑raising appeal” activities. While the Order’s legal obligation is directed at the named person, risk management for charities and intermediaries often requires due diligence to avoid enabling prohibited conduct.
Why Is This Legislation Important?
Although the Order is short, it is important because it demonstrates how Singapore’s charities regulatory regime can respond to specific misconduct or risk. Fund-raising appeals can be vulnerable to abuse—such as misleading representations, improper use of funds, or collection without appropriate authorisation. By issuing a prohibition order, the Commissioner can quickly remove the ability of a problematic individual to solicit donations from the public.
From an enforcement perspective, the Order provides a clear legal basis for action. The “prohibits and stops” language supports the conclusion that any fund-raising appeal by the named individual after commencement would be unlawful. For practitioners, this clarity is critical when advising on whether a particular activity crosses the line into prohibited fund-raising, and when assessing potential exposure for clients who may have interacted with the prohibited person.
From a practical standpoint, the Order also affects how the prohibited person may participate in charitable activities. Even if the person is not directly collecting money, involvement in fundraising campaigns, solicitation efforts, or public appeals could raise compliance concerns depending on how “fund‑raising appeal” is interpreted. Practitioners should therefore advise clients to consider not only direct solicitation but also indirect conduct that could be characterised as part of a fundraising appeal.
Finally, the Order highlights the need for careful record-keeping and legal review in the charities sector. Charities, donors, and intermediaries should ensure that fundraising activities are conducted lawfully and that they do not rely on representations by individuals who are subject to prohibition orders. Where there is uncertainty, legal counsel should be engaged to interpret the scope of the prohibition and to implement safeguards.
Related Legislation
- Charities Act (Chapter 37) — in particular, section 39B(1) (the authorising provision for the Commissioner to make prohibition orders relating to fund-raising appeals)
Source Documents
This article provides an overview of the Charities (Prohibition of Fund-Raising Appeal) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.