Presidential Elections Act 1991 · 2020 Revised Edition · Part 2 · Elections
8G. Consideration of community declaration in reserved elections
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This section applies to a reserved election.
reserved election
“reserved election” means an election reserved under Article 19B(1) of the Constitution read with section 5A, but excludes an election which is an open election under section 5B;
The Community Committee must accept a community declaration submitted to the Committee, subject to the following provisions:
Community Committee
“Community Committee” means the Community Committee established by section 8E;
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 or she considers himself or herself to be a member of the community to which the election is reserved.
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.
community
“community” means —(a)the Chinese community;(b)the Malay community; or(c)the Indian or other minority communities;
In a case referred to a Sub‑Committee for a community under subsection (3) —
Sub-Committee
“Sub-Committee” means any of the following Sub‑Committees established by section 8E:(a)the Chinese Community Sub-Committee;(b)the Malay Community Sub-Committee;(c)the Indian and Other Minority Communities Sub‑Committee;
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.