Statute Details
- Title: Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) Order 2018
- Full Title: N/A
- Act Code: TSFA2002-S144-2018
- Type: sl
- Commencement Date: 26 March 2018
- Parts: N/A
- Key Sections: 1, 2
- Related Legislation: Development Act, Timeline Authorising Act, Town Councils Act
What Is This Legislation About?
The Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) Order 2018 is a piece of subsidiary legislation enacted under the Terrorism (Suppression of Financing) Act of Singapore. Its purpose is to provide an exemption from the general prohibition against dealing with property or funds that are linked to terrorism financing.
Specifically, this Order exempts the Housing and Development Board (HDB) from the application of Section 6 of the Terrorism (Suppression of Financing) Act in relation to certain actions and payments concerning a specific HDB flat. This allows the HDB to carry out the compulsory acquisition of the flat and utilize the compensation payable for that acquisition in specified ways, without running afoul of the terrorism financing prohibition.
What Are the Key Provisions?
The key provisions of this Order are as follows:
Exemption for HDB (Section 2): The Order exempts the Housing and Development Board (HDB) from the application of Section 6 of the Terrorism (Suppression of Financing) Act in respect of two specific actions:
- The compulsory acquisition of a particular HDB flat located at Apartment Block 423, Jurong West Avenue 1, #05-202, Singapore 640423.
- The utilization of the compensation payable by HDB for the compulsory acquisition of that flat, for the following purposes:
- Payment of property tax owed by the flat's owners to the Inland Revenue Authority of Singapore.
- Payment of sums owed by the flat's owners to HDB pursuant to a loan, including insurance premiums, administrative charges, and other fees.
- Payment of any penalties owed by the flat's owners to HDB.
- Payment of moneys to the Central Provident Fund accounts of the flat's owners.
- Payment of charges levied by a Town Council that are due or payable by the flat's owners.
- Deposit in court of any compensation payable by HDB.
The flat in question is registered under the names of Haja Fakkurudeen Usman Ali and Mohamed Haleem Aysha Siddeeqa, both Singapore citizens.
How Is This Legislation Structured?
This legislation is a short, two-section Order. The first section provides the citation and commencement date, while the second section outlines the specific exemption granted to the Housing and Development Board.
Who Does This Legislation Apply To?
This legislation applies directly to the Housing and Development Board (HDB) of Singapore. It provides an exemption to HDB from the general prohibition against dealing with property or funds linked to terrorism financing, in relation to the compulsory acquisition of a specific HDB flat and the utilization of the compensation payable for that acquisition.
The legislation also indirectly impacts the owners of the HDB flat in question - Haja Fakkurudeen Usman Ali and Mohamed Haleem Aysha Siddeeqa. The exemption allows HDB to carry out certain actions and payments related to this flat, which would otherwise be prohibited under the Terrorism (Suppression of Financing) Act.
Why Is This Legislation Important?
This legislation is important for a few key reasons:
Enabling Compulsory Acquisition: The exemption granted by this Order allows HDB to proceed with the compulsory acquisition of the specified HDB flat, which is a necessary government action. Without this exemption, HDB would be prohibited from dealing with the property or funds associated with this flat under the Terrorism (Suppression of Financing) Act.
Facilitating Lawful Payments: The exemption also permits HDB to utilize the compensation payable for the compulsory acquisition to make various lawful payments, such as settling outstanding taxes, loan obligations, penalties, and charges owed by the flat's owners. This ensures that these legitimate debts can be properly discharged.
Upholding Public Interest: By enabling the compulsory acquisition and associated payments, this legislation serves the broader public interest. It allows the government to carry out its functions and responsibilities under housing and development laws, while also ensuring compliance with anti-terrorism financing regulations.
Enforcement and Compliance: From an enforcement perspective, this Order demonstrates the Singapore government's commitment to tackling terrorism financing, while also providing the necessary flexibility to address specific situations that may arise. It shows how the law can be applied in a targeted and proportionate manner to achieve the desired policy objectives.
Related Legislation
- Terrorism (Suppression of Financing) Act
- Housing and Development Act
- Town Councils Act
- Central Provident Fund (Approved Housing Schemes) Regulations
Source Documents
This article provides an overview of the Terrorism (Suppression of Financing) (Exemption from Prohibition against Dealing) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.