Clause 3

The Schedule has effect for the purposes of determining whether an election is reserved under Article 19B(1) of the Constitution.(2) After the Returning Officer declares a person to be elected as President, the Returning Officer must add the person, and the community (if any) the person belongs to, to the Schedule.(3) For the purposes of subsection (2) —

if a community certificate was issued to the person, the person is considered to belong to the community stated on the community certificate; and

if no community certificate was issued to the person, the person is considered not to belong to the Chinese community, the Malay community or the Indian or other minority communities.(4) If a person has been added to the Schedule and the Election Judge subsequently declares that the person’s election is void or that the return of the person is undue, the Returning Officer must remove the entry in the Schedule relating to the election affected by the declaration.(5) An amendment to the Schedule under subsection (2) or (4) must be made by notification in the Gazette.Further provisions on community requirement5B.—

If an election under a writ is reserved for one community under Article 19B(1) of the Constitution and the election wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.(2) The following provisions apply if an election under a writ is reserved for 2 communities under Article 19B(1) of the Constitution:

Article 19B(2)(b)(i) of the Constitution applies to that election;

if that election wholly fails, Article 19B(2)(b)(ii) of the Constitution applies to the election under the next writ;

if the election under the next writ wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.(3) The following provisions apply if an election under a writ is reserved for 3 communities under Article 19B(1) of the Constitution:

Article 19B(2)(c)(i) of the Constitution applies to that election;

if that election wholly fails, Article 19B(2)(c)(ii) of the Constitution applies to the election under the next writ;

if the election under the next writ wholly fails, Article 19B(2)(c)(iii) of the Constitution applies to the election under the third writ;

if the election under the third writ wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President.(4) Despite Article 19B(2) of the Constitution, a person does not need to belong to any community to be elected as President in an open election under subsection (1), (2)(c) or (3)(d).(5) For the purposes of this section, an election under a writ is deemed to have wholly failed only if no person stands or will stand nominated as a candidate on nomination day.Further provisions on private sector service requirement5C.—

The Minister may make regulations to —

specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of Article 19(4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii) of the Constitution;

specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of Article 19(4)(a)(iii) of the Constitution;

prescribe what constitutes an insolvency event for the purposes of Article 19(4)(a)(iv) of the Constitution; and

prescribe the information to be provided by an applicant in relation to paragraphs (a), (b) and (c).(2) In making regulations under subsection (1)(a) or (b), the Minister must have regard to, to the extent that they are applicable —

the accounting standards made or formulated under Part III of the Accounting Standards Act (Cap. 2B) by the Accounting Standards Council established under that Act; and

the accounting standards generally accepted in Singapore before 1 November 2007.(3) In making regulations under subsection (1)(c), the Minister must have regard to the general law relating to the insolvency of companies.”.