Singapore legislation

Clause 6

of Parliamentary Elections (Amendment) Bill

Clause 6

New sections 27A, 27B and 27C

The principal Act is amended by inserting, immediately after section 27, the following sections:“Election of Members on a group basis in group representation constituencies27A.—

(1)

In every general election of Members and the election of Members to supply vacancies caused by death, resignation or otherwise, the Members for any group representation constituency shall be elected in accordance with this Act subject to the modifications in this section.(2) All elections in any group representation constituency shall be held on a basis of a group of 3 candidates.(3) Subject to subsection (4), any group that desires to contest in any election in any group representation constituency shall consist of 3 candidates, all of whom shall either be members of the same political party standing for such election for that political party or be independent candidates standing as a group.(4) Where any group representation constituency is —

(a)

a constituency designated under section 8A(1)(b)(i), at least one of the 3 candidates in every group shall be a person belonging to the Malay community; or

(b)

a constituency designated under section 8A(1)(b)(ii), at least one of the 3 candidates in every group shall be a person belonging to any minority community other than the Malay community.(5) At any time after the date of the notice of the writ referred to in section 25 and at least two clear days before the day of nomination, any person —

(a)

belonging to the Malay community who desires to contest as such a person in any election in any constituency designated under section 8(1)(b)(i); or

(b)

belonging to any minority community other than the Malay community who desires to contest as such a person in any election in any constituency designated under section 8(1)(b)(ii),shall apply in the prescribed manner to the appropriate Committee for a certificate in the prescribed form which shall certify whether the applicant is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community, as the case may be, for the purposes of such election.(6) Upon receipt of any application under subsection (5), the appropriate Committee shall determine whether the applicant is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community and shall, if the appropriate Committee considers that he is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community, issue to him not later than the day before the day of nomination a certificate certifying that to be the fact, and any such certificate shall, for the purposes of this Act, be conclusive as to the fact which it certifies.(7) For the purposes of this section and section 27C —“Committee” means the Malay Committee or Other Minorities Committee established under section 27C;“person belonging to the Malay community” means any person, being a Malay, Javanese, Boyanese, Bugis, Arab or any other person, who is generally accepted as a member of the Malay community by that community.Nomination papers for elections in group representation constituencies27B.—

(1)

Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may, subject to section 27A, be nominated as a candidate with two other candidates in a group for any election in any group representation constituency.(2) Each group shall be nominated by means of a nomination paper. The nomination paper shall be signed by two persons as proposer and seconder respectively and by not less than 4 other persons all of whose names must appear in the register of electors for the group representation constituency in which the group seeks election. The written consent of every candidate in a group must be endorsed on the nomination paper which shall be in the Form 9A in the First Schedule.(3) Every candidate in a group shall at the time of the nomination of the group deliver to the Returning Officer —

(a)

a statutory declaration of his qualifications and the political party for which he stands (if any) made and subscribed by the candidate in the Form 10 in the First Schedule; and

(b)

if he is a person belonging to —

(i)

the Malay community and is nominated as such a person for election in any constituency designated under section 8(1)(b)(i); or

(ii)

any minority community other than the Malay community and is nominated as such a person for election in any constituency designated under section 8(1)(b)(ii),a certificate issued to him under section 27A(6) certifying that he is a person belonging to the Malay community or a person belonging to any minority community other than the Malay community, as the case may be.If any statutory declaration or certificate which is required to be delivered by any candidate in a group is not so delivered, the nomination of that group shall be deemed to be void.(4) The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper and statutory declaration to any registered elector requiring the same.(5) Where the nomination paper of any group does not comply with this section or section 27A, or where any candidate in a group withdraws his candidature under section 32, the nomination of that group shall be deemed to be void.(6) Section 27 shall not apply to any election in any group representation constituency.Committee to determine whether prospective candidate is Malay or other racial minority27C.—

(1)

For the purposes of section 27A, there shall be established —

(a)

a Malay Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(i) belongs to the Malay community; and

(b)

an Other Minorities Committee whose function shall be to determine whether a person desiring to be a candidate for any election in any constituency designated under section 8A(1)(b)(ii) belongs to any minority community other than the Malay community.(2) The Malay Committee shall consist of a Chairman and 4 other members, all of whom shall be persons belonging to the Malay community and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution.(3) The Other Minorities Committee shall consist of a Chairman and 4 other members, each of whom shall be a person belonging to any minority community other than the Malay community and shall be appointed by the President on the nomination of the Presidential Council for Minority Rights established under Article 69 of the Constitution.(4) A decision of any such Committee shall require a simple majority of the members present and voting, and the Committee may act notwithstanding the absence of any member, except that in the case of an equality of votes the Chairman or member presiding shall have a casting vote in addition to his original vote.(5) Subject to this section, any such Committee may regulate its own procedure.(6) The validity of any proceedings of any such Committee shall not be affected by any defect in the appointment of any member of the Committee.(7) Any Committee established under this section shall be guided by the merits of each case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not.(8) Any decision of a Committee established under this section shall be final and conclusive and shall not be appealed against or called in question in any court.(9) Regulations may be made to provide for regulating and facilitating the performance by any Committee of its function under this Act.”.