Singapore legislation

Section 87

of Parliamentary Elections Act 1954

Section 87

Power of election court to except innocent act from being illegal practice, etc.

Amended by40/2019

(1)

Where, on application made, it is shown to an Election Judge or to a Judge sitting in the General Division of the High Court by such evidence as seems to the Judge sufficient —

(a)

that any act or omission of a candidate at any election, or of his or her election agent or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of being a payment, engagement, employment, or contract in contravention of this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and

(b)

that the act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith,and in the circumstances it seems to the Judge, after giving the candidates, the Returning Officer, and any elector within the electoral division an opportunity of being heard, to be just that the candidate in question and the election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of that act or omission, the Judge may make an order allowing that act or omission to be an exception from the provisions of this Act which would otherwise make the act or omission an illegal practice, payment, employment or hiring.

Amended by40/2019

(2)

Upon the making of an order under subsection (1), the candidate, agent or person is not subject to any of the consequences under this Act of the act or omission mentioned in that subsection.

Section 87 — Parliamentary Elections Act 1954 | laws.sg