Foreign Interference (Countermeasures) Act 2021/Part 11

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PART 11
AMENDMENTS TO OTHER ACTS AND FINAL PROVISIONS

Amendment of Parliamentary Elections Act 1954

124.—(1) Section 2(1) of the Parliamentary Elections Act 1954 is amended by inserting, immediately after the definition of “Parliament”, the following definition:

“ “political donation certificate” means a political donation certificate issued under section 63(3) of the Foreign Interference (Countermeasures) Act 2021 in respect of an election;”.

(2) Section 27 of the Parliamentary Elections Act 1954 is amended—

(a) by deleting subsection (3) and substituting the following subsection:

“(3) Every candidate must, at the time of his or her nomination for election, deliver to the Returning Officer a political donation certificate issued to the candidate in respect of the election.”; and

(b) by deleting the words “subsection (3)(b)” in subsection (3A) and substituting the words “subsection (3)”.

(3) Section 27B(3) of the Parliamentary Elections Act 1954 is amended by deleting paragraph (b) and substituting the following paragraph:

“(b) a political donation certificate issued to him or her in respect of the election; and”.

(4) Section 29(1) of the Parliamentary Elections Act 1954 is amended by deleting the words “issued by the Registrar of Political Donations”.

(5) Section 31(2) of the Parliamentary Elections Act 1954 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a) the person is issued a political donation certificate in respect of that election;”.

(6) Section 61(1) of the Parliamentary Elections Act 1954 is amended—

(a) by deleting the word “or” at the end of paragraph (e), and by inserting immediately thereafter the following paragraph:

“(ea) being a candidate, knowingly makes the declaration required by section 73A falsely; or”; and

(b) by deleting the words “paragraph (f)” in paragraph (v) and substituting the words “paragraph (ea) or (f)”.

(7) The Parliamentary Elections Act 1954 is amended by inserting, immediately after section 73, the following section:

“Post-election declaration by candidates

73A.—(1) Every candidate at an election must give to the Returning Officer a declaration that is in accordance with subsection (2), not later than the 7th day after the day that the result of the election is published under section 33(1)(b) or 51, as the case may be.

(2) The declaration required by subsection (1) to be given by a candidate must be made by the candidate, be in the prescribed form, and further state that, to the best of the knowledge and belief of the candidate—

(a) no foreigner has been authorised by the candidate or his or her election agent under section 83(2) to conduct any election activity for the purpose of procuring the electoral success at that election of the candidate or the group of candidates of whom the candidate is part;

(b) the conduct of any election activity by the candidate or his or her election agent for the purpose of procuring the electoral success at that election of the candidate, or the group of candidates of whom the candidate is part, was not undertaken by the candidate or election agent pursuant to any impermissible arrangement; and

(c) the conduct of any election activity for the purpose of procuring the electoral success at that election of the candidate, or the group of candidates of whom the candidate is part, was not authorised by the candidate or the candidate’s election agent, pursuant to any impermissible arrangement.

(3) For the purposes of this section, any declaration that is required by subsection (1) to be given to the Returning Officer must not be regarded as so given unless the declaration is actually received by the Returning Officer.

(4) Where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate shall be guilty of an illegal practice; and the provisions of this subsection are in addition to and not in derogation of section 61.

(5) In addition, where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate must not, after the expiry of that time, sit or vote in Parliament as a Member until either—

(a) the declaration has been given; or

(b) the date of the allowance of an authorised excuse under section 87A for failing to give the declaration.

(6) A candidate who sits or votes in contravention of subsection (5) shall be guilty of an offence and shall be liable on conviction to a penalty of $500 for every day on which he or she so sits or votes.

(7) In this section—

“arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten;

“foreign principal” has the meaning given by section 4 of the Foreign Interference (Countermeasures) Act 2021;

“foreigner” means an individual who is not a citizen of Singapore;

“impermissible arrangement”, in relation to a candidate or his or her election agent, means an arrangement—

(a) to which the candidate or election agent is party; and

(b) under which the candidate or election agent (as the case may be) is accustomed or under an obligation (whether formal or informal) to engage in conduct in accordance with the directions, instructions or wishes of a foreign principal or, where the foreign principal is a corporation, of the directors of the foreign principal.”.

(8) Section 74 of the Parliamentary Elections Act 1954 is amended by deleting subsection (5) and substituting the following subsection:

“(5) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.”.

(9) The Parliamentary Elections Act 1954 is amended by inserting, immediately after section 87, the following section:

“Authorised excuse for non-compliance with section 73A

87A.—(1) Where—

(a) any declaration which is required by section 73A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and

(b) the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate,

the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just.

(2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act.

(3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that—

(a) any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and

(b) the candidate took all reasonable steps for preventing the act or omission,

the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent.

(5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.”.

(10) Section 97 of the Parliamentary Elections Act 1954 is amended—

(a) by inserting, immediately after paragraph (a) of subsection (3), the following paragraph:

“(aa) at any time before the end of 21 days after the date of the publication of the result of the election in the Gazette, as to the declaration required by section 73A from the Member whose election is questioned;”;

(b) by inserting, immediately after the words “respecting election expenses” in subsection (5), the words “or make and give the declaration required by section 73A”; and

(c) by deleting the words “subsection (3)” in subsection (5) and substituting the words “subsection (3)(a) or the date of the publication of the results of the election in the Gazette mentioned in subsection (3)(aa), as the case may be”.

(11) Form 8 in the First Schedule to the Parliamentary Elections Act 1954 is amended by deleting sub-paragraph (d) and substituting the following sub-paragraph:

“(d) a political donation certificate issued to the nominee in respect of the election;”.

(12) Form 19 in the First Schedule to the Parliamentary Elections Act 1954 is amended—

(a) by deleting footnote 1 in Section C and substituting the following footnote:

“¹ Donations that need not be recorded in a donation report under the Foreign Interference (Countermeasures) Act 2021 where a candidate is concerned.”;

(b) by deleting footnote 5 in Section C and substituting the following footnote:

“⁵ The expression “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and “value” in relation to a donation has the meaning given by sections 15 and 51 of that Act where a candidate is concerned.”;

(c) by deleting footnote 4 in subsections (1) and (2) of Section D and substituting in each case the following footnote:

“⁴ The expression “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and “value” in relation to a donation has the meaning given by sections 15 and 51 of that Act where a candidate is concerned.”; and

(d) by deleting the words “Political Donations Act 2000” wherever they appear in Section D (except footnotes 4) and substituting in each case the words “Foreign Interference (Countermeasures) Act 2021”.

Amendment of Presidential Elections Act 1991

125.—(1) Section 2(1) of the Presidential Elections Act 1991 is amended by inserting, immediately after the definition of “overseas polling station”, the following definition:

“ “political donation certificate” means a political donation certificate issued under section 63(3) of the Foreign Interference (Countermeasures) Act 2021 in respect of an election;”.

(2) Section 9(4) of the Presidential Elections Act 1991 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a) a political donation certificate issued to him or her in respect of that election;”.

(3) Section 11(1) of the Presidential Elections Act 1991 is amended by deleting the words “issued by the Registrar of Political Donations”.

(4) Section 42(1) of the Presidential Elections Act 1991 is amended—

(a) by deleting the word “or” at the end of paragraph (e), and by inserting immediately thereafter the following paragraph:

“(ea) being a candidate, knowingly makes the declaration required by section 55A falsely; or”; and

(b) by deleting the words “paragraph (f)” in paragraph (v) and substituting the words “paragraph (ea) or (f)”.

(5) The Presidential Elections Act 1991 is amended by inserting, immediately after section 55, the following section:

“Post-election declaration by candidates

55A.—(1) Every candidate at an election must give to the Returning Officer a declaration that is in accordance with subsection (2), not later than the 7th day after the day that the result of the election is published under section 15(1)(b) or 34, as the case may be.

(2) The declaration required by subsection (1) to be given by a candidate must be made by the candidate, be in the prescribed form, and further state that, to the best of the knowledge and belief of the candidate—

(a) no foreigner has been authorised by the candidate or his or her election agent under section 65(2) to conduct any election activity for the purpose of procuring the electoral success at that election of the candidate;

(b) the conduct of any election activity by the candidate or his or her election agent for the purpose of procuring the electoral success at that election of the candidate, was not undertaken by the candidate or election agent pursuant to any impermissible arrangement; and

(c) the conduct of any election activity for the purpose of procuring the electoral success at that election of the candidate, was not authorised by the candidate or his or her election agent, pursuant to any impermissible arrangement.

(3) For the purposes of this section, any declaration that is required by subsection (1) to be given to the Returning Officer must not be regarded as so given unless the declaration is actually received by the Returning Officer.

(4) Where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate shall be guilty of an illegal practice; and the provisions of this subsection are in addition to and not in derogation of section 42.

(5) In this section—

“arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten;

“foreign principal” has the meaning given by section 4 of the Foreign Interference (Countermeasures) Act 2021;

“foreigner” means an individual who is not a citizen of Singapore;

“impermissible arrangement”, in relation to a candidate or his or her election agent, means an arrangement—

(a) to which the candidate or election agent is party; and

(b) under which the candidate or election agent (as the case may be) is accustomed or under an obligation (whether formal or informal) to engage in conduct in accordance with the directions, instructions or wishes of a foreign principal or, where the foreign principal is a corporation, of the directors of the foreign principal.”.

(6) Section 56 of the Presidential Elections Act 1991 is amended by deleting subsection (4) and substituting the following subsection:

“(4) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.”.

(7) The Presidential Elections Act 1991 is amended by inserting, immediately after section 69, the following section:

“Authorised excuse for non-compliance with section 55A

69A.—(1) Where—

(a) any declaration which is required by section 55A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and

(b) the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate,

the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just.

(2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act.

(3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that—

(a) any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and

(b) the candidate took all reasonable means for preventing the act or omission,

the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent.

(5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.”.

(8) Section 77 of the Presidential Elections Act 1991 is amended—

(a) by inserting, immediately after paragraph (a) of subsection (3), the following paragraph:

“(aa) at any time before the end of 21 days after the date of the publication of the result of the election in the Gazette, as to the declaration required by section 55A from the candidate whose election is questioned;”;

(b) by inserting, immediately after the words “respecting election expenses” in subsection (5), the words “or make and give the declaration required by section 55A”; and

(c) by deleting the words “subsection (3)” in subsection (5) and substituting the words “subsection (3)(a) or the date of the publication of the results of the election in the Gazette mentioned in subsection (3)(aa), as the case may be”.

Amendment of Societies Act 1966

126. The Societies Act 1966 is amended—

(a) by inserting, immediately before the words “includes any” in the definition of “political association” in section 2, the words “means a political party and”;

(b) by deleting the words “the national interest” in section 4(2)(d) and substituting the words “Singapore’s national security or interest”;

(c) by inserting, immediately after the words “concerning the society” in section 10(1), the words “(such as but not limited to the patron of the society and every person managing or assisting in the management, of that society in Singapore)”;

(d) by inserting, immediately after the words “in Singapore” in section 24(1)(a), the words “or against Singapore’s national security or interest”;

(e) by deleting the words “the national interest” in section 24(1)(e) and substituting the words “Singapore’s national security or interest”; and

(f) by inserting, immediately after subsection (1) of section 24, the following subsection:

“(1A) For the purpose of subsection (1)(a), a certificate issued by the Minister charged with the responsibility for internal security stating that the Minister is satisfied that the society referred to in the certificate is being used for purposes against Singapore’s national security or interest is conclusive evidence that the society is being used for such purposes.”.

Saving and transitional provisions

127.—(1) Despite section 123, every organisation that is, immediately before the appointed day, declared, by order in the Gazette, as a political association under the repealed Act is deemed—

(a) as designated, with effect from the appointed day, by the competent authority under section 47(1) as a Part 4 politically significant entity under this Act; and

(b) to be given, with effect from the appointed day, by the competent authority a directive each under sections 67, 68 and 69, respectively.

(2) Despite section 123, section 60(4) does not apply to any political donation received by a political association before the appointed day and where the grace period mentioned in section 60(3) in respect of that donation is still current immediately before that appointed day; and Part II of the repealed Act continues to apply with respect to that donation as if this Act were not enacted.

(3) Despite anything in Part 5, where—

(a) the financial year of a political association is not a calendar year;

(b) Part 5 applies to the political association because of subsection (1) only; and

(c) Part 5 comes into force at any time before the end of the financial year of the political association,

sections 12 and 13 of the repealed Act continue to apply with respect to the donation report and declarations required by the repealed Act for that financial year as if this Act were not enacted.

(4) Despite section 123, sections 76 and 85 do not apply to or in relation to any political donation—

(a) comprising the provision of voluntary labour by an individual who is not a citizen of Singapore or who is below 21 years of age; and

(b) that is received during any period before that day by a politically significant person subject to the repealed Act,

and the repealed Act as in force immediately before the appointed day continues to apply as if it had not been repealed with respect to that political donation.

(5) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe other provisions of a saving or transitional nature consequent on the enactment of that provision as that Minister may consider necessary or expedient.

(6) In this section—

“appointed day” means the date of commencement of section 123;

“political association” means—

(a) a political party or an organisation which has as one of its objects or activities the promotion or procuring of the election to Parliament or to the office of President of a candidate or candidates endorsed by the organisation; or

(b) an organisation (not being a branch of any organisation) whose objects or activities relate wholly or mainly to politics in Singapore and which, immediately before the appointed day, was declared, by order in the Gazette, to be a political association for the purposes of the repealed Act.