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Contents

Long Title

Part I PRELIMINARY

Part II DONATIONS TO POLITICAL ASSOCIATIONS

Division 1 — Restrictions on donations

Division 2 — Reporting of donations by political associations

Part III DONATIONS TO CANDIDATES

Division 1 — Restrictions on donations

Division 2 — Declarations and donation reports

Part IV Obligations OF CERTAIN DONORS

Part V OFFENCES

Part VI MISCELLANEOUS

THE SCHEDULE Details to be Given in Donation Reports

Legislative History

Comparative Table

 
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On 19/04/2014, you requested the version in force on 19/04/2014 incorporating all amendments published on or before 19/04/2014. The closest version currently available is that of 02/01/2011.
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PART V
OFFENCES
Offences in connection with donation reports, etc.
22.
—(1)  Where any donation report or declaration which is required under section 12(1), 13 or 19(1) to be sent to the Registrar is not so sent within the time limited under the applicable section, then —
(a)
in the case of a donation report or declaration required under section 12(1) or 13, the responsible officers of the political association in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction; or
(b)
in the case of a donation report or declaration required under section 19(1), the candidate at an election and his election agent in question or (as the case may be) the candidate at a presidential election and his principal election agent in question, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(2)  If a donation report under section 12 or 19 is sent to the Registrar, but such a report does not comply with the requirements of section 12 or, as the case may be, section 19 as regards the recording of donations in such report, then —
(a)
in the case of a donation report under section 12, the responsible officers of the political association in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000; or
(b)
in the case of a donation report under section 19, the candidate and his election agent or agents in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000.
(3)  Where any person is charged with an offence under subsection (1) or (2), it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence to ensure that any requirements —
(a)
as regards preparation or sending of a donation report; or
(b)
as regards the information to be given in any donation report,
as the case may be, have been complied with in relation to the donation report.
(4)  Where the court is satisfied, on an application made by the Public Prosecutor, that any failure to comply with any such requirements in relation to any donation received by a political association, candidate or election agent was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture of an amount equal to the value of the donation.
(5)  Sections 11 and 17 shall apply in connection with an application under subsection (4) with the necessary modifications.
(6)  Any person who makes a false declaration under section 13, 18(1)(b) or 19(4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
(7)  Where any responsible officer of a political association, candidate or election agent is charged with an offence under subsection (6), it shall be a defence to prove that he did not know and could not reasonably have known that the declaration was false.
Evasion of restrictions on donations
23.
—(1)  Where a person —
(a)
enters into; or
(b)
knowingly does any act in furtherance of,
any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a candidate, election agent or political association by any person or body other than a permissible donor, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both.
(2)  Where a person —
(a)
knowingly gives an officer of a political association or a candidate or his election agent any information relating to the identity of the donor or the amount of any donation made to the political association or the candidate or election agent or to the person or body making such a donation, which is false in a material particular; or
(b)
with intent to deceive, withholds from any officer of a political association or a candidate or his election agent any material information relating to the identity of the donor or the amount of any donation made to the political association or candidate or election agent or to the person or body making such a donation,
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both.
Non-reporting of small donations
24.  Any donor to which section 21 applies who —
(a)
delivers a donation report under section 21 which does not comply with subsection (2) of that section;
(b)
fails to deliver such donation report in accordance with section 21(3) or such a report, when delivered by him, is not accompanied by a declaration under section 21(4); or
(c)
knowingly or recklessly makes a false declaration under section 21(4),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
Corporate offenders and unincorporated associations
25.
—(1)  Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
(a)
any director, manager, secretary or other similar officer of the body; or
(b)
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of the body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)  Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to service of documents shall have effect as if the association were a corporation.
(4)  A fine imposed on an unincorporated association on its conviction for an offence under this Act shall be paid out of the funds of the association.
(5)  Where a partnership is guilty of an offence under this Act, every partner (other than a partner who is proved to have been ignorant of, or to have attempted to prevent the commission of, the offence) shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6)  Where any other unincorporated association is guilty of an offence under this Act —
(a)
every officer of the association who is bound to fulfil any duty of which the offence is a breach; or
(b)
if there is no such officer, every member of the committee or other similar governing body (other than a member who is proved to have been ignorant of, or to have attempted to prevent the commission of, the offence),
shall also be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
Seizable offence
26.  Every offence under this Part shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
Composition of offences
27.
—(1)  The Registrar may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $500.
(2)  On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.
Consent of Public Prosecutor
28.  No prosecution for any offence under this Act shall be instituted without the consent of the Public Prosecutor.
Monitoring powers of Registrar
29.
—(1)  The Registrar may by notice require the relevant person in the case of any political association —
(a)
to produce, for inspection by the Registrar or a person authorised by the Registrar, any such books, documents or other records relating to the income and expenditure of the political association as the Registrar may reasonably require for the purposes of the carrying out by his function under this Act; or
(b)
to furnish the Registrar, or a person authorised by the Registrar, with such information or explanation relating to the income and expenditure of the political association as the Registrar may reasonably so require,
and to do so within such reasonable time as is specified in the notice.
(2)  The Registrar, or a person authorised by the Registrar, may —
(a)
make copies of, or records of any information contained in, any books, documents or other records produced under subsection (1)(a); or
(b)
make copies or records of any information or explanation furnished under subsection (1)(b).
(3)  The Registrar or a person authorised in writing by the Registrar may, for the purposes of the carrying out of his functions, enter at any reasonable time premises occupied by a political association and having entered any such premises may —
(a)
inspect any books, documents or other records relating to the income and expenditure of the political association; and
(b)
make copies of, or records of any information contained in, any such books, documents or other records.
(4)  Where any such records as are mentioned in subsection (1) or (3) are kept in electronic form, then —
(a)
the power of the Registrar under subsection (1) to require any such records to be produced for inspection includes power to require a copy of the records to be made available for inspection in legible form (and subsection (2)(a) shall accordingly apply in relation to any copy so made available); and
(b)
the power of any person (referred to in this subsection as the inspector) under subsection (3) to inspect any such records includes power to require any person on the premises in question to give the inspector such assistance as the inspector may reasonably require to enable him —
(i)
to inspect and make copies of the records in legible form or to make records of information contained in them; or
(ii)
to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records.
(5)  A person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(6)  Any person who intentionally obstructs the Registrar or a person authorised as mentioned in subsection (3) in the carrying out of his functions under that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(7)  The powers conferred by virtue of subsection (1) shall apply in relation to candidates and election agents except that the powers may only be exercised by the Registrar (or, as the case may be, by a person authorised by the Registrar) for or in connection with obtaining such information or explanations relating to the income and expenditure of candidates and election agents in connection with their political activities as the Registrar reasonably require for the purpose of monitoring compliance on the part of candidates or election agents with the requirements imposed by or by virtue of this Act.
Supply of false or misleading information to Registrar, etc.
30.
—(1)  Any person who knowingly or recklessly provides the Registrar with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided —
(a)
in purported compliance with a requirement imposed by or under this Act; or
(b)
otherwise than as mentioned in paragraph (a) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Registrar for the purpose of discharging his functions under this Act.
(2)  A person who —
(a)
alters, suppresses, conceals or destroys; or
(b)
causes or permits the alteration, suppression, concealment or destruction of,
any document or other record relating to the financial affairs or transactions of a political association, candidate or election agent with the intention of falsifying the document or record or enabling that organisation or individual to evade any of the provisions of this Act shall be guilty of an offence.
(3)  Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both.
Jurisdiction of District Court
30A.  Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.