Singapore legislation
Section 8H
Section 8H
Consideration of community declaration in non‑reserved elections
(1)
This section applies to an election other than a reserved election.
(2)
The Community Committee must accept a community declaration submitted to the Committee, 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 or she does not consider himself or herself 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 or her 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).