8.
—(1) Subject to the provisions of this Act, every political association must not accept any donation it receives if —
(a)
it is offered by a person who is not, at the time of its receipt by the political association, a permissible donor; or
(b)
the political association is (whether because the donation is offered anonymously or by reason of any deception or concealment) unable to ascertain the identity of that person offering the donation.
(2) 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.
(3) 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.
9.
—(1) 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 —
(a)
the identity of the donor;
(b)
whether he or it is a permissible donor; and
(c)
if he or it is a permissible donor, 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.
(2) 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 —
(a)
in the case of any anonymous donation, the requirements of section 10(1) must be complied with in respect of the whole donation; or
(b)
in any other case, the donation must be sent back, or a payment of an equivalent amount must be sent, to the person who made the donation or any other person appearing to be acting on his behalf,
within a period of 30 days beginning with the date when the donation is so received by the political association.
(3) 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 —
(a)
the steps referred to in subsection (2)(a) or (b), whichever is applicable, have been taken within the time limited by that subsection; and
(b)
a record can be produced of the receipt of the donation and —
(i)
of the required steps being taken in relation to the donation as mentioned in subsection (2)(a); or
(ii)
of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(b).
10.
—(1) 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:
(a)
if the donation was transmitted by a person (other than the donor) and the identity of that person is apparent, the whole donation must be returned to that person;
(b)
if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, the whole donation must be returned to that financial institution; or
(c)
in all other cases, the whole donation must be sent to the Registrar.
(2) Any amount sent to the Registrar in pursuance of subsection (1)(c) shall be paid into the Consolidated Fund.
11.
—(1) 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.
(2) 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.
(3) 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.
(4) The standard of proof in proceedings under this section shall be that applicable to civil proceedings.
(5) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
(6) Any amount forfeited by an order under this section shall be paid into the Consolidated Fund.
(7) Where an appeal is made under subsection (2), subsection (6) shall not apply before the appeal is determined or otherwise disposed of.
(8) In the case of a political association which is not a body corporate —
(a)
proceedings under this section shall be brought against or by the political association in its own name (and not in that of any of its members);
(b)
for the purposes of any such proceedings any rules of court relating to the service of documents shall apply as if the political association were a body corporate; and
(c)
any amount forfeited by an order under this section shall be paid out of the funds of that political association.
(9) 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.
(10) Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.
(11) 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.