Political Donations Bill

This Act may be cited as the Political Donations Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

In this Act, unless the context otherwise requires —

“anonymous donation” means a donation which the recipient is (whether because the donation is offered anonymously or by reason of deception or concealment) unable to ascertain the identity of the person giving the donation;

“bequest” includes any form of testamentary disposition;

“candidate” means a person who is nominated as a candidate at an election or at a presidential election, and includes any person (whether or not a member of any political association) who, on or after the date of the issue of a writ for the election or presidential election, as the case may be, is declared, by himself or others, as seeking nomination as a candidate at that election or (as the case may be) presidential election;

“donation report” means a report required to be prepared under section 12, 18, 19 or 21;

“election” has the same meaning as in the Parliamentary Elections Act (Cap. 218);

“election agent”, in relation to a candidate, means the person named as his election agent under section 62(1) of the Parliamentary Elections Act or section 43(1) of the Presidential Elections Act (Cap. 240A);

“gift” includes bequest;

“market value”, in relation to any property, means the price which that property might reasonably be expected to fetch on a sale in the open market;

“nomination day” means the day of nomination at an election or presidential election, as the case may be;

“organisation” includes any body corporate (other than a body established by written law) and any combination of persons or other unincorporated association;

“permissible donor” means —

“political association” means —

“presidential election” means an election under the Presidential Elections Act (Cap. 240A);

“principal election agent” has the same meaning as in the Presidential Elections Act;

“property” includes any description of property, and references to the provision of property accordingly include the supply of goods;

“recordable donation”, in relation to any donation report, means a donation required by this Act to be recorded in that report;

“Registrar” means the Registrar of Political Donations appointed under section 7, and includes any Assistant Registrar appointed under that section;

“reporting period” means any period for which a donation report is required to be prepared under this Act;

“responsible officers”, in relation to a political association, means —

“Singapore-controlled company” means a company incorporated in Singapore, the majority of whose directors and members are citizens of Singapore or, in the case of any member being another company, where that other company is incorporated in Singapore and the majority of whose directors and members are citizens of Singapore, and where that other company has a member who is a company which in turn has a member who is a company and so on, where each of those member companies are companies incorporated in Singapore and the majority of whose directors and members are citizens of Singapore;

“writ” means a writ of election issued under section 24 of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, under section 6 of the Presidential Elections Act (Cap. 240A).

Where a company has for the time being only 2 directors or 2 members, then, notwithstanding the definition of “Singapore-controlled company” in subsection (1), the company shall still be regarded as a Singapore-controlled company for the purposes of this Act if —

For the purposes of this Act —

For the purposes of this Act, any document or sum that is required by any provision of this Act to be sent to the Registrar shall be regarded as sent only when it is actually received by the Registrar.

For the purposes of this Act, any donation received by a candidate, election agent or political association by way of a donation by a trustee, in his capacity as such, shall be regarded as a donation received by the candidate, election agent or association, as the case may be, from a person who is not a permissible donor.

In this Act, “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election or presidential election, as the case may be, including prejudicing the electoral prospects of another candidate at that election or presidential election.

In this Act, unless the context otherwise requires, “donation”, in relation to a candidate at an election or at a presidential election, means —

In this Act, unless the context otherwise requires, “donation”, in relation to a political association, means —

Notwithstanding section 3, the following shall not be regarded as donations:

In the case of a candidate, the following shall also not be regarded as donations:

In subsection (1), “broadcaster” means a person who is licensed under the Singapore Broadcasting Authority Act (Cap. 297) to provide broadcasting services.

The value of any donation which is a gift to a candidate, election agent or political association shall be the market value of the property in question.

Where any donation, being money or property, is transferred to a candidate, election agent or political association for a consideration which is less than the value of the money or market value of the property, the value of the donation shall be taken to be the difference between —

The value of any donation, being —

The value of any donation, being the provision of any sponsorship in relation to a candidate or political association, shall be taken to be the value in monetary terms of the benefit conferred by the sponsorship in question on the candidate or association; and any such value conferred on the sponsor shall be disregarded.

Where a donation referred to in subsection (3) or (4) confers an enduring benefit on any candidate, election agent or political association during the whole or part of the relevant reporting period, the amount to be recorded in any donation report required to be prepared under this Act shall be so much of the total value of the donation (as determined in accordance with subsection (3)) as accrues during the whole or part of that relevant reporting period to which the donation report relates.

In subsection (5), “relevant reporting period” means —

Subject to the provisions of this Act, a donation is accepted —

Where a donation is made to any candidate, election agent or political association by paying an amount into any account held by the candidate, election agent or political association with a financial institution, it shall be taken for the purposes of this Act to have been received by the candidate, election agent or political association at the time when the candidate, election agent or association, as the case may be, is notified in the usual way of the payment into the account.

The Minister may, by notification in the Gazette, appoint a public officer to be the Registrar of Political Donations for the purposes of this Act, and such number of Assistant Registrars of Political Donations as he considers necessary.

An Assistant Registrar of Political Donations may exercise all powers and may perform all duties of the Registrar under this Act or any regulations made thereunder subject to the general or specific directions of the Registrar.

Where any donation report or declaration which is required under section 12(1), 13 or 19(1) to be sent to the Registrar is not so sent within the time limited under the applicable section, then —

If a donation report under section 12 or 19 is sent to the Registrar, but such a report does not comply with the requirements of section 12 or, as the case may be, section 19 as regards the recording of donations in such report, then —

Where any person is charged with an offence under subsection (1) or (2), it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence to ensure that any requirements —

Where the court is satisfied, on an application made by the Public Prosecutor, that any failure to comply with any such requirements in relation to any donation received by a political association, candidate or election agent was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture of an amount equal to the value of the donation; and sections 11 and 17 shall apply in connection with such an application with the necessary modifications.

Any person who makes a false declaration under section 13, 18(1)(b) or 19(4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

Where any responsible officer of a political association, candidate or election agent is charged with an offence under subsection (5), it shall be a defence to prove that he did not know and could not reasonably have known that the declaration was false.

Where a person —

Where a person —

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —

Where the affairs of the body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to service of documents shall have effect as if the association were a corporation.

A fine imposed on an unincorporated association on its conviction for an offence under this Act shall be paid out of the funds of the association.

Where a partnership is guilty of an offence under this Act, every partner (other than a partner who is proved to have been ignorant of, or to have attempted to prevent the commission of, the offence) shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Where any other unincorporated association is guilty of an offence under this Act —

The Registrar may, in his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $500.

On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.

The Registrar may by notice require the relevant person in the case of any political association —

The Registrar, or a person authorised by the Registrar, may —

The Registrar or a person authorised in writing by the Registrar may, for the purposes of the carrying out of his functions, enter at any reasonable time premises occupied by a political association and having entered any such premises may —

Where any such records as are mentioned in subsection (1) or (3) are kept in electronic form, then —

A person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Any person who intentionally obstructs the Registrar or a person authorised as mentioned in subsection (3) in the carrying out of his functions under that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

The powers conferred by virtue of subsection (1) shall apply in relation to candidates and election agents except that the powers may only be exercised by the Registrar (or, as the case may be, by a person authorised by the Registrar) for or in connection with obtaining such information or explanations relating to the income and expenditure of candidates and election agents in connection with their political activities as the Registrar reasonably require for the purpose of monitoring compliance on the part of candidates or election agents with the requirements imposed by or by virtue of this Act.

Any person who knowingly or recklessly provides the Registrar with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided —

A person who —

Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both.

Subject to the provisions of this Act, every political association must not accept any donation it receives if —

Nothing in this section shall prohibit a political association from accepting during any one financial year of the association anonymous donations less than a total sum of $5,000, or such other prescribed sum.

In relation to a donation in the form of a bequest, subsection (1)(a) shall be read as referring to an individual who was at death a citizen of Singapore and not less than 21 years of age.

Where a donation is received by a political association and it is not immediately decided that the association should (for whatever reason) refuse the donation, all reasonable steps must be taken without delay by or on behalf of the political association to verify or, so far as the following is not apparent, ascertain —

Notwithstanding section 6, if a political association receives any donation which it is prohibited from accepting by virtue of section 8, or which the association has decided that it should for any reason refuse, then —

For the purposes of this Act, a donation received by a political association shall be taken to have been accepted by the political association unless —

Subject to the provisions of this Act, where any anonymous donation is offered to any political association, and section 8 prohibits the political association from accepting (whether wholly or in part) the donation, the following requirements must be complied with:

Any amount sent to the Registrar in pursuance of subsection (1)(c) shall be paid into the Consolidated Fund.

Where any donation, being a donation which, by virtue of section 8, any political association is prohibited from accepting, is made to a political association and has been accepted by the association, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the political association of an amount equal to the value of the donation.

Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the political association concerned or the Public Prosecutor, as the case may be, may, before the end of the period of 30 days beginning with the date of the order or refusal to order, appeal to the High Court.

An appeal under subsection (2) shall be by way of a rehearing; and the High Court hearing such appeal may make such order as it considers appropriate.

The standard of proof in proceedings under this section shall be that applicable to civil proceedings.

An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

Any amount forfeited by an order under this section shall be paid into the Consolidated Fund.

Where an appeal is made under subsection (2), subsection (6) shall not apply before the appeal is determined or otherwise disposed of.

In the case of a political association which is not a body corporate —

Where any amount forfeited by an order of the District Court under subsection (1) or an order of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or High Court, as the case may be, may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the political association concerned.

Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 224(b)(iii) of the Criminal Procedure Code (Cap. 68).

Where any amount recovered under any warrant issued under subsection (9) is in excess of the amount forfeited under this section, the balance shall be returned to the political association concerned.

Subject to the provisions of this Act, the responsible officers of every political association shall, within 31 days after the close of each financial year of the association, prepare and send to the Registrar a donation report under this section in respect of every recordable donation referred to in subsections (2) and (3), giving all such details in respect of each donor thereof as are required by the Schedule to be given in respect of a donor of a recordable donation.

Every donation from a permissible donor to a political association which is received by the political association during its financial year and accepted by the political association must be recorded in a donation report under this section for that financial year —

If during any financial year no donations have been received by the political association which, by virtue of the provisions of this section, are required to be recorded in a donation report for that financial year, the donation report shall contain a statement to that effect.

Every donation report of a political association under this section shall be in the prescribed form and signed by all the responsible officers of the political association.

Subject to the provisions of this Act, every candidate and his election agent must not accept any donation he receives if —

Nothing in this section shall prohibit a candidate at an election and his election agent, or a candidate at a presidential election and his principal election agent, from accepting during the relevant period anonymous donations less than a total sum of $5,000, or such other prescribed sum.

In relation to a donation in the form of a bequest, subsection (1)(a) shall be read as referring to an individual who was at death a citizen of Singapore and not less than 21 years of age.

In this section, “relevant period”, in relation to a candidate and his election agent or (as the case may be) principal election agent, means —

Where a donation is received by a candidate or his election agent and it is not immediately decided that the candidate or election agent should (for whatever reason) refuse the donation, all reasonable steps must be taken without delay by the candidate or election agent to verify or, so far as the following is not apparent, ascertain —

Notwithstanding section 6, if a candidate or his election agent receives a donation which he is prohibited from accepting by virtue of section 14, or which the candidate or his election agent has decided he should for any reason refuse, then —

For the purposes of this Act, a donation received by a candidate or his election agent shall be taken to have been accepted by the candidate or his election agent unless —

Subject to the provisions of this Act, where any anonymous donation is offered to any candidate or his election agent, and section 14 prohibits him from accepting (whether wholly or in part) the donation, the following requirements must be complied with:

Any amount sent to the Registrar in pursuance of subsection (1)(c) shall be paid into the Consolidated Fund.

Where any donation, being a donation which, by virtue of section 14, any candidate or his election agent is prohibited from accepting, is made to a candidate or his election agent and has been accepted by the candidate or his election agent, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the candidate or election agent, as the case may be, of an amount equal to the value of the donation.

Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the candidate or election agent concerned or the Public Prosecutor, as the case may be, may, before the end of the period of 30 days beginning with the date of the order or refusal to order, appeal to the High Court.

An appeal under subsection (2) shall be by way of a rehearing; and the High Court hearing such appeal may make such order as it considers appropriate.

The standard of proof in proceedings under this section shall be that applicable to civil proceedings.

An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

Any amount forfeited by an order under this section shall be paid into the Consolidated Fund.

Where an appeal is made under subsection (2), subsection (6) shall not apply before the appeal is determined or otherwise disposed of.

Where any amount forfeited by an order of the District Court under subsection (1) or an order of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or High Court, as the case may be, may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the candidate or election agent concerned.

Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 224(b)(iii) of the Criminal Procedure Code (Cap. 68).

Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance shall be returned to the candidate or election agent concerned.

Any person who is or desires to be a candidate at any election or presidential election shall, at any time after the date of the notice of the writ referred to in section 25 of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, section 7 of the Presidential Elections Act (Cap. 240A), but at least 2 clear days before nomination day at that election or (as the case may be) presidential election, send to the Registrar —

Every donation from a permissible donor to a person who is or desires to be a candidate at an election or (as the case may be) a presidential election which is received and accepted by the person during the relevant period must be recorded in a donation report under this section for that relevant period —

If during any relevant period no donations have been received by a person who is or desires to be a candidate at an election or a presidential election which, by virtue of the provisions of this section, are required to be recorded in a donation report for that relevant period, the donation report shall contain a statement to that effect.

Upon receipt of a donation report and declaration in compliance with the requirements of subsection (1), the Registrar shall issue to the person concerned not later than the eve of the nomination day at the election or (as the case may be) presidential election, a political donation certificate stating that the person has complied with subsection (1).

Any such certificate issued under subsection (4) shall, for the purposes of any written law, be conclusive as to the facts it certifies.

In this section, “relevant period”, in relation to any person, means —

Within 31 days after the date of publication of the statement of the poll referred to in section 51 of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, in section 34(1) of the Presidential Elections Act (Cap. 240A), the candidate and his election agent at that election or, in the case of a presidential election, the candidate and his principal election agent, shall send to the Registrar —

Every donation from a permissible donor to a candidate or any of his election agents which is received and accepted by the candidate or any of his election agents during the relevant period must be recorded in a donation report under this section for that relevant period —

If during any relevant period no donations have been received by a candidate or any of his election agents which, by virtue of the provisions of this section, are required to be recorded in a donation report for that relevant period, the donation report shall contain a statement to that effect.

A declaration under this section by a candidate at an election and his election agent, or a candidate at a presidential election and his principal election agent, shall be subscribed jointly in the prescribed form and shall state that, to the best of their knowledge and belief —

A declaration under this section by each and every election agent of a candidate at a presidential election in the prescribed form stating that, to the best of his knowledge and belief —

In this section, “relevant period”, in relation to any candidate or his election agent, means the period beginning on the date of the candidate’s declaration under section 18(1)(b) and ending on the latest date the candidate’s declaration under this section is required to be sent to the Registrar.

For the purposes of this Act, where any person (referred to in this section as the principal donor) causes an amount (referred to in this section as the principal donation) to be received by a candidate or his election agent or a political association by way of a donation —

In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate, election agent or the political association, the candidate, election agent or association, as the case may be, is given all such details in respect of the person treated by subsection (1) as giving the donation as is required by the Schedule to be given in respect of a donor of a recordable donation.

Where a person (referred to in this subsection as the agent) causes an amount to be received by a candidate, election agent or political association by way of a donation on behalf of another person (referred to in this subsection as the donor), the agent must ensure that, at the time the amount is received by the candidate, election agent or political association, he or it, as the case may be, is given all such details in respect of the donor as are required by the Schedule to be given in respect of a donor of a recordable donation.

Any person who fails, without reasonable excuse, to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

This section shall apply where a person (referred to in this section as the donor) has during the course of a calendar year made one or more donations (each of which is referred to in this section as a small donation) to a political association, the aggregate value of which is not less than $10,000, or such other prescribed sum.

The donor must make a donation report in the prescribed form to the Registrar in respect of the small donations, giving the following particulars:

Every donation report under subsection (2) shall be sent to the Registrar no later than 31st January of the year following that in which the donations were made.

Every donation report under subsection (2) shall be accompanied by a declaration in the prescribed form by the donor stating —

The Minister may make regulations to prescribe anything which is required to be prescribed under this Act and generally for the carrying out of the provisions of this Act.

The Minister may, from time to time, by regulations, amend the Schedule.

Provision may be made by rules of court —

Subsection (1) is without prejudice to the generality of any existing power under any other written law to make rules of court.

Section 27 of the Parliamentary Elections Act (Cap. 218) is amended —

Section 27B(3) of the Parliamentary Elections Act (Cap. 218) is amended by deleting the word “and” at the end of paragraph (a) and, by inserting immediately thereafter the following paragraph:“(aa)a political donation certificate issued to him by the Registrar of Political Donations under section 18(4) of the Political Donations Act 2000; and”.

Section 29 of the Parliamentary Elections Act is amended —

Section 9(4) of the Presidential Elections Act (Cap. 240A) is amended by deleting the word “and” at the end of paragraph (b) and, by inserting immediately thereafter the following paragraph:“(ba)a political donation certificate issued to him by the Registrar of Political Donations under section 18(4) of the Political Donations Act 2000; and”.

Section 11 of the Presidential Elections Act is amended —