On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 02/01/2011.
PART III
DONATIONS TO CANDIDATES
14.
—(1) Subject to the provisions of this Act, every candidate and his election agent must not accept any donation he receives if —
(a)
it is offered by a person who is not, at the time of its receipt by the candidate or his election agent, a permissible donor; or
(b)
the candidate or his election agent is (whether because the donation is offered anonymously or by reason of any deception or concealment) unable to ascertain the identity of the person offering the donation.
(2) Nothing in this section shall prohibit a candidate at an election and his election agent, or a candidate at a presidential election and his principal election agent, from accepting during the relevant period 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.
(4) In this section, “relevant period”, in relation to a candidate and his election agent or (as the case may be) principal election agent, means —
(a)
in the event a writ is issued within 12 months of 15th February 2001, the period beginning on that date and ending on the latest date the candidate’s declaration under section 19 is required by that section to be sent to the Registrar; or
(b)
in any other case, the period beginning on a date 12 months preceding the date the declaration is made by the candidate under section 18 before nomination day at an election or (as the case may be) a presidential election, and ending on the latest date the candidate’s declaration under section 19 is required by that section to be sent to the Registrar after the election or (as the case may be) presidential election.
15.
—(1) Where a donation is received by a candidate or his election agent and it is not immediately decided that the candidate or election agent should (for whatever reason) refuse the donation, all reasonable steps must be taken without delay by the candidate or election agent 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 candidate or his election agent receives a donation which he is prohibited from accepting by virtue of section 14, or which the candidate or his election agent has decided he should for any reason refuse, then —
(a)
in the case of any anonymous donation, the requirements of section 16(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 candidate or his election agent, as the case may be.
(3) For the purposes of this Act, a donation received by a candidate or his election agent shall be taken to have been accepted by the candidate or his election agent 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).
16.
—(1) Subject to the provisions of this Act, where any anonymous donation is offered to any candidate or his election agent, and section 14 prohibits him 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.
17.
—(1) Where any donation, being a donation which, by virtue of section 14, any candidate or his election agent is prohibited from accepting, is made to a candidate or his election agent and has been accepted by the candidate or his election agent, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the candidate or election agent, as the case may be, 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 candidate or election agent 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) 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 candidate or election agent concerned.
(9) 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.
(10) Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance shall be returned to the candidate or election agent concerned.
18.
—(1) Any person who is or desires to be a candidate at any election or presidential election shall, at any time after the date of the notice of the writ referred to in section 25 of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, section 7 of the Presidential Elections Act (Cap. 240A), but at least 2 clear days before nomination day at that election or (as the case may be) presidential election, send to the Registrar —
(a)
a donation report in the prescribed form in respect of every recordable donation referred to in subsections (2) and (3), giving all such details in respect of each donor thereof as are required by the Schedule to be given in respect of a donor of a recordable donation; and
(b)
a declaration subscribed by the person in the prescribed form stating that, to the best of his knowledge and belief —
(i)
no other donations required by this section to be recorded in the donation report have been accepted by the person during the relevant period;
(ii)
no donation from any person or body other than a permissible donor has been so accepted by the person during the relevant period; and
(iii)
no anonymous donations, or no anonymous donations in excess of the sum permitted under section 14(2), have been accepted by the person during that same period.
(2) Every donation from a permissible donor to a person who is or desires to be a candidate at an election or (as the case may be) a presidential election which is received and accepted by the person during the relevant period must be recorded in a donation report under this section for that relevant period —
(a)
if it is a single donation of not less than $10,000, or such other prescribed sum; or
(b)
if, when it is added to any other donation from the same permissible donor, the aggregate amount of the donations is not less than $10,000, or such other prescribed sum.
(3) If during any relevant period no donations have been received by a person who is or desires to be a candidate at an election or a presidential election which, by virtue of the provisions of this section, are required to be recorded in a donation report for that relevant period, the donation report shall contain a statement to that effect.
(4) Upon receipt of a donation report and declaration in compliance with the requirements of subsection (1), the Registrar shall issue to the person concerned not later than the eve of the nomination day at the election or (as the case may be) presidential election, a political donation certificate stating that the person has complied with subsection (1).
(5) Any such certificate issued under subsection (4) shall, for the purposes of any written law, be conclusive as to the facts it certifies.
(6) In this section, “relevant period”, in relation to any person, means —
(a)
in the event a writ is issued within 12 months of 15th February 2001, the period beginning on that date and ending on the date the declaration under this section is made by that person; or
(b)
in any other case, the period of 12 months preceding the date the declaration under this section is made by that person (that date inclusive).
19.
—(1) Within 31 days after the date of publication of the statement of the poll referred to in section 51 of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, in section 34(1) of the Presidential Elections Act (Cap. 240A), the candidate and his election agent at that election or, in the case of a presidential election, the candidate and his principal election agent, shall send to the Registrar —
(a)
a donation report in the prescribed form in respect of every recordable donation referred to in subsections (2) and (3), giving all such details in respect of each donor thereof as are required by the Schedule to be given in respect of a donor of a recordable donation; and
(b)
a declaration under subsection (4) and such other declarations under subsection (5), if applicable.
(2) Every donation from a permissible donor to a candidate or any of his election agents which is received and accepted by the candidate or any of his election agents during the relevant period must be recorded in a donation report under this section for that relevant period —
(a)
if it is a single donation of not less than $10,000, or such other prescribed sum; or
(b)
if, when it is added to any other donation to the candidate or any of his election agents from the same permissible donor, the aggregate amount of the donations is not less than $10,000, or such other prescribed sum.
(3) If during any relevant period no donations have been received by a candidate or any of his election agents which, by virtue of the provisions of this section, are required to be recorded in a donation report for that relevant period, the donation report shall contain a statement to that effect.
(4) A declaration under this section by a candidate at an election and his election agent, or a candidate at a presidential election and his principal election agent, shall be subscribed jointly in the prescribed form and shall state that, to the best of their knowledge and belief —
(a)
all donations recorded in the donation report as having been accepted by the candidate and his election agent or agents, as the case may be, during the relevant period are from permissible donors;
(b)
no other donations required by this section to be recorded in the donation report have been accepted by the candidate or any of his election agents during the relevant period;
(c)
no anonymous donations, or no anonymous donations in excess of the sum permitted under section 14(2), have been received and accepted by the candidate and his election agent or (as the case may be) the principal election agent during that same period and the relevant period in section 14(4); and
(d)
no other donation from any person or body other than a permissible donor has been so received and accepted by the candidate or his election agent or agents during that same period.
(5) A declaration under this section by each and every election agent of a candidate at a presidential election in the prescribed form stating that, to the best of his knowledge and belief —
(a)
all donations recorded in the donation report as having been accepted by the election agent during the relevant period are from permissible donors;
(b)
no other donations required by this section to be recorded in the donation report have been accepted by the election agent during the relevant period; and
(c)
no anonymous donation and no other donation from any person or body other than a permissible donor have been so accepted by the election agent during that same period,
shall also accompany the donation report and declaration of the candidate and principal election agent.
[19/2001]
(6) In this section, “relevant period”, in relation to any candidate or his election agent, means the period beginning on the date of the candidate’s declaration under section 18(1)(b) and ending on the latest date the candidate’s declaration under this section is required to be sent to the Registrar.