Commissioner of Charities resumes removal proceedings on the seven from City Harvest Church

1. Following the conclusion of the criminal proceedings, the Commissioner of Charities (“COC”) has resumed regulatory action under sections 25 and 25A of the Charities Act to remove seven individuals from the City Harvest Church (“the Charity”), namely Kong Hee, Lam Leng Hung, Tan Ye Peng, Tan Shao Yuen Sharon, Serina Wee Gek Yin, Kelvin Teo Meng How and Tan Su Pheng Jacqueline. The COC has sought representations from the aforesaid individuals and the Governing Board of the Charity as to why the COC should not remove them.

2. The removal proceedings aim to protect the charitable assets of the Charity and do not prevent the said individuals from continuing with their religious duties which are separate from the holding of any governance or management positions in the Charity. 

3. The COC had earlier agreed to the requests of the said individuals, the Governing Board of the Charity, and some of its members to defer the removal proceedings of the said individuals from their positions in the Charity until after the conclusion of the criminal proceedings involving Kong Hee, Lam Leng Hung, Tan Ye Peng, Tan Shao Yuen Sharon, Serina Wee Gek Yin and Chew Eng Han. The deferment was on a goodwill basis to allow the affected parties time to focus on the criminal proceedings so that they would have adequate opportunity thereafter to make representations to the COC’s office in relation to the removal proceedings under the Charities Act.

4. As informed and confirmed by the Charity, Chew Eng Han has left the Charity and was struck off from the Membership Register of the Charity. As Chew Eng Han is no longer a governing board member, trustee, key officer, employee or agent of the Charity, the question of removal does not arise in relation to him. To ensure that the charitable assets of the Charity are protected, the COC has issued an order to the Charity such that it may not enter into any transactions with Chew Eng Han and his related entities, without the COC’s consent.

5. The removal proceedings under the Charities Act are separate and independent of the criminal proceedings. The COC’s powers of removal arise where, at any time after the institution of the inquiry in relation to the Charity, the COC is satisfied that there has been mismanagement and misconduct in the administration of the Charity, and that it is necessary or desirable to act for the purpose of protecting the property of the Charity. The COC will consider all representations received fully and fairly before making a decision. The Attorney-General’s consent will also be required before any removal may be effected. 

6. Should the individuals be removed from their respective designations in the Charity, the individuals will be disqualified to act as governing board members, trustee or key officers of any charities. In accordance to section 25A(3) of the Charities Act, the individuals’ Executive Memberships in the Charity may be terminated and they will be prohibited from resuming their Executive Memberships in the Charity for a period of not less than two years or such time as the COC may specify. The individuals may continue with their religious duties which are separate from the holding of any governance or management positions in the Charity. The services of the Charity can continue as usual.

7. The COC’s office has issued a Restriction Order in June 2012, which remains in place, restricting the Charity from (a) paying the legal fees of the individuals involved in the criminal and removal proceedings and (b) entering into transactions relating to payment of services to the individuals and their related entities without the approval of the COC. The Charity is also required to provide regular updates to the COC’s office on its key activities and finances. The COC’s office will continue to closely monitor the Charity and work with the Governing Board of the Charity to ensure that there is proper governance and administration.

8. The Charity, being a self-governing entity, has elected a new Governing Board made up of eleven individuals with diverse experience and its responsibility is to improve its governance. The Governing Board is ultimately responsible for the proper administration of the Charity. Going forward, the Governing Board has to exercise greater duty of care and prudence to protect the Charity’s charitable assets and ensure that they act in the best interest of the Charity.

Issued by The Office of the Commissioner of Charities
20 November 2015

¹ Kong Hee was the President of the Charity’s Board till 10 April 2011.
² Pursuant to the Constitution of the Charity, an Executive Member of the Charity has the right to both attend and vote in general meetings.
³ Lam Leng Hung was the Treasurer of the Charity’s Board from 7 March 2010 to 10 April 2011.
⁴ Tan Ye Peng was the Vice-President of the Charity’s Board till 10 April 2011. He was re-designated as Vice-Chairman thereafter.
⁵ Kelvin Teo Meng How, as the Executive Director (Administration Division), is an employee who exercises general control and management of the administration of the Charity and is a key officer of the Charity.