Singapore legislation
Clause 5
Clause 5
New Divisions 2 and 3 of Part II
Sections 8 and 8A of the principal Act are repealed and the following Divisions substituted therefor:“Division 2 — Presidential Elections Committeeand Certificate of EligibilityApplication for certificate of eligibility8.—
A person desiring to be elected as President must apply in the prescribed manner to the Presidential Elections Committee for a certificate of eligibility.(2) An application for a certificate of eligibility must be made within the period —
starting on —
if the office of President falls vacant before the incumbent’s term expires, the date on which the office of President fell vacant; or
in any other case, the date that is 3 months before the expiry of the incumbent’s term; and
ending on the date which is 5 days after the date of the writ.Consideration of application8A.—
Subject to subsection (2), the Presidential Elections Committee must issue a certificate of eligibility in the prescribed form to an applicant if the Committee is satisfied that —
the applicant is a person of integrity, good character and reputation for the purposes of Article 19(2)(e) of the Constitution; and
the applicant has met the service requirements in Article 19(2)(g) of the Constitution.(2) The Presidential Elections Committee —
may, subject to paragraph (b), reject an application if it is not made according to this Act; and
must reject an application if the applicant did not submit a community declaration in accordance with Division 3.Time for deciding application8B. The Presidential Elections Committee must issue a certificate of eligibility to an applicant, or inform an applicant in writing of its decision not to issue a certificate of eligibility, no later than the day before nomination day.Certificate to be conclusive8C. A certificate of eligibility is conclusive of the matters it certifies and is not subject to appeal or review in any court.Immunity of Presidential Elections Committee8D.—
The Presidential Elections Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of —
any statement which the Committee makes in the discharge of any of its functions under this Act, whether the statement is made orally or in writing; or
the publication of any document prepared by the Committee in the course of performing its functions under this Act.(2) Subsection (1) does not limit or affect any other right, privilege or immunity that the Presidential Elections Committee has, apart from this section, as a defendant in any action.Division 3 — Community Committeeand Community CertificateEstablishment of Community Committee and Sub‑Committees8E.—
For the purposes of Article 19B of the Constitution, the Community Committee is established and consists of the following 16 persons:
the chairman;
5 members belonging to the Chinese community;
5 members belonging to the Malay community;
5 members belonging to the Indian or other minority communities.(2) The chairman is to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights.(3) The 5 members who belong to the Chinese community —
are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Chinese community as the Council sees fit; and
constitute the Chinese Community Sub‑Committee.(4) The 5 members who belong to the Malay community —
are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Malay community as the Council sees fit; and
constitute the Malay Community Sub‑Committee.(5) The 5 members who belong to the Indian or other minority communities —
are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Indian or other minority communities as the Council sees fit; and
constitute the Indian and Other Minority Communities Sub‑Committee.(6) One member of each Sub‑Committee is to be appointed as the chairman of the Sub‑Committee and the appointment must be made by the Prime Minister on the nomination of the Presidential Council for Minority Rights.Submission of community declaration8F.—
A person desiring to be elected as President must submit a community declaration in the prescribed form to the Community Committee.(2) A person making a community declaration must make one (and only one) of the following statements:
that the person considers himself to be a member of the Chinese community, and wishes to apply for a community certificate stating that the person belongs to the Chinese community;
that the person considers himself to be a member of the Malay community, and wishes to apply for a community certificate stating that the person belongs to the Malay community;
that the person considers himself to be a member of the Indian or other minority communities, and wishes to apply for a community certificate stating that the person belongs to the Indian or other minority communities;
that the person does not consider himself to be a member of the Chinese community, the Malay community, or the Indian or other minority communities.(3) A community declaration must be submitted within the period —
starting on —
if the office of President falls vacant before the incumbent’s term expires, the date on which the office of President fell vacant; or
in any other case, the date that is 3 months before the expiry of the incumbent’s term; and
ending on the date which is 5 days after the date of the writ.Consideration of community declaration in reserved elections8G.—
This section applies to a reserved election.(2) The Community Committee must accept a community declaration submitted to the Committee and notify the declarant in writing of the acceptance, subject to the following provisions:
subject to paragraph (b), the Community Committee may reject a community declaration if it is not made according to this Act;
the Community Committee must reject a community declaration if —
the declarant did not apply for a certificate of eligibility; or
the declarant does not state that he considers himself to be a member of the community to which the election is reserved.(3) If the Community Committee accepts a community declaration, the Committee must then refer the community declaration to the Sub‑Committee for the community to which the election is reserved.(4) In a case referred to a Sub‑Committee for a community under subsection (3) —
the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee;
the Sub-Committee must be guided by the merits of the 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;
if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and
if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must reject the declarant’s application for a community certificate and inform the declarant in writing.Consideration of community declaration in non‑reserved elections8H.—
This section applies to an election other than a reserved election.(2) The Community Committee must accept a community declaration submitted to the Committee and notify the declarant in writing of the acceptance, subject to the following provisions:
subject to paragraphs (b) and (c), the Community Committee may reject a community declaration if it is not made according to this Act;
subject to paragraph (c), if the declarant states that he does not consider himself to be a member of the Chinese community, the Malay community or the Indian or other minority communities, the Community Committee may, instead of accepting the community declaration, invite the declarant to submit another community declaration;
the Community Committee must reject a community declaration if the declarant did not apply for a certificate of eligibility.(3) If the Community Committee accepts a community declaration by a declarant who wishes to apply for a community certificate in relation to a community, the Community Committee must refer the community declaration to the Sub‑Committee for that community.(4) In a case referred to a Sub‑Committee for a community under subsection (3) —
the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee;
the Sub-Committee must be guided by the merits of the 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;
if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and
if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must —
reject the declarant’s application in writing; or
invite the declarant to submit another community declaration.(5) In considering whether to invite a person to submit another community declaration under subsection (2)(b) or (4)(d)(ii), the Community Committee must be guided by the merits of the 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.(6) If the Community Committee invites a person to submit another community declaration under subsection (2)(b) or (4)(d)(ii), the Community Committee —
must specify the time within which the person must submit the fresh community declaration, which must be no later than 3 days before nomination day;
may require the person to provide such information as may be specified; and
may specify such other terms that the person must comply with.(7) If a person submits another community declaration on an invitation under subsection (2)(b) or (4)(d)(ii) —
the person is deemed to have withdrawn his earlier community declaration;
the Community Committee may decline to accept the later community declaration if it does not comply with the terms of the invitation; and
the later community declaration must be dealt with according to subsections (2), (3) and (4) (so far as they are applicable), except that the Community Committee may not invite the person again to submit another community declaration.(8) If a person declines to submit another community declaration despite an invitation under subsection (2)(b) or (4)(d)(ii) —
if the invitation is made under subsection (2)(b), the Community Committee must accept the community declaration earlier submitted by the person; and
if the invitation is made under subsection (4)(d)(ii), the Community Committee must reject the person’s application for a community certificate.(9) To avoid doubt, a person may not submit another community declaration except on the invitation of the Community Committee under subsection (2)(b) or (4)(d)(ii).Time for issuing community certificate, etc.8I. The Community Committee must, no later than the day before nomination day, do one of the following things in respect of a community declaration:
inform the declarant that the community declaration is not accepted;
if the community declaration is accepted and includes an application for a community certificate —
issue a community certificate to the declarant; or
inform the declarant in writing that it has rejected the application;
if the community declaration is accepted and does not include an application for a community certificate, notify the declarant in writing of the acceptance.Decision to be final; certificate to be conclusive8J.—
The decisions (however named) of the Community Committee and its Sub‑Committees in relation to a community declaration is final and is not subject to appeal or review in any court.(2) A community certificate is conclusive of the matters it certifies and is not subject to appeal or review in any court.Immunity of Community Committee and Sub-Committees8K.—
The Community Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of —
any statement which the Committee makes in the discharge of any of its functions under this Act, whether the statement is made orally or in writing; or
the publication of any document prepared by the Committee in the course of performing its functions under this Act.(2) Subsection (1) does not limit or affect any other right, privilege or immunity that the Community Committee has, apart from this section, as a defendant in any action.(3) Subsections (1) and (2) apply to a Sub-Committee.Procedure of Community Committee and Sub-Committees8L.—
A decision of the Community Committee must be made by a simple majority of the members present and voting, except that in the case of an equality of votes, the chairman or the member presiding has a casting vote in addition to his original vote.(2) The Community Committee may act despite the absence of any member.(3) Subject to this section, the Community Committee may regulate its own procedure.(4) The validity of any proceedings of the Community Committee is not affected by any defect in the appointment of any member of the Committee.(5) Regulations may be made under section 81 to provide for regulating and facilitating the performance by the Community Committee of its functions under this Act.(6) Subsections (1) to (5) apply, with the necessary modifications, to a Sub‑Committee.”.