Singapore legislation
Section 42N
Section 42N
Removal and confiscation of traditional election advertising
(1)
Where the Returning Officer reasonably believes that an offence under section 42C, 42F, 42G, 42H or 42I is being committed, the Returning Officer may direct a person —
to either remove or cause to be removed, or to otherwise stop any public display of, any traditional election advertising that is publicly displayed in connection with that offence; and
to do so within the period specified in the direction, or any extension of that period that the Returning Officer may allow in any particular case.
(2)
Without affecting the right of the Returning Officer to exercise the powers under subsection (3), a person who, without reasonable excuse, fails to comply with any direction given to the person under subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)
If any direction given under subsection (1) is not complied with to the satisfaction of the Returning Officer, the Returning Officer may carry out or take steps or cause to be carried out any work or any steps to be taken, which are in the Returning Officer’s opinion necessary to secure compliance with the direction, including all or any of the following:
remove or causing to be removed any traditional election advertising that is publicly displayed in connection with an offence under section 42C, 42F, 42G, 42H or 42I and moving and detaining the traditional election advertising at a holding yard or other place;
stop any public display of any traditional election advertising that is publicly displayed in connection with an offence under section 42C, 42F, 42G, 42H or 42I.
(4)
Any removed traditional election advertising moved or removed to a holding yard under subsection (3) —
must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed traditional election advertising is produced in any criminal trial;
is deemed to be forfeited to the Government where the owner of the removed traditional election advertising consents to its disposal; or
in any other case, must be returned to the owner of the removed traditional election advertising or reported to a Magistrate’s Court.