POLITICAL DONATIONS ACT (CHAPTER 236)
"anonymous donation" means a donation which the recipient is (whether because the donation is offered anonymously or by reason of deception or concealment) unable to ascertain the identity of the person giving the donation; "bequest" includes any form of testamentary disposition; "candidate" means a person who is nominated as a candidate at an election or at a presidential election, and includes any person (whether or not a member of any political association) who, on or after the date of the issue of a writ for the election or presidential election, as the case may be, is declared, by himself or others, as seeking nomination as a candidate at that election or (as the case may be) presidential election; "donation report" means a report required to be prepared under section 12, 18, 19 or 21; "election" has the same meaning as in the Parliamentary Elections Act (Cap. 218); "election agent" , in relation to a candidate, means the person named as his election agent under section 62 (1) of the Parliamentary Elections Act or section 43 (1) of the Presidential Elections Act (Cap. 240A); "gift" includes bequest; "market value" , in relation to any property, means the price which that property might reasonably be expected to fetch on a sale in the open market; "nomination day" means the day of nomination at an election or presidential election, as the case may be; "organisation" includes any body corporate (other than a body established by written law) and any combination of persons or other unincorporated association; "permissible donor" means — (a) an individual who is a citizen of Singapore and is not less than 21 years of age; (b) a Singapore-controlled company which carries on business wholly or mainly in Singapore; or (c) in relation to a candidate, any political party he is standing for at an election; "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 is declared by the Minister, by order in the Gazette, to be a political association for the purposes of this Act; "presidential election" means an election under the Presidential Elections Act (Cap. 240A); "principal election agent" has the same meaning as in the Presidential Elections Act; "property" includes any description of property, and references to the provision of property accordingly include the supply of goods; "recordable donation" , in relation to any donation report, means a donation required by this Act to be recorded in that report; "Registrar" means the Registrar of Political Donations appointed under section 7, and includes any Assistant Registrar appointed under that section; "reporting period" means any period for which a donation report is required to be prepared under this Act; "responsible officers" , in relation to a political association, means — (a) in the case of a political association which is a body corporate, the persons for the time being holding the offices of chairman, managing director and company secretary, respectively, of the association, or any positions analogous thereto; or (b) in the case of a political association which is an unincorporated association, the persons for the time being holding the offices of president, secretary and treasurer, respectively, of the committee of the association, or any positions analogous thereto, and includes any person carrying out the duties of any such office referred to in paragraph (a) or (b) if the office is vacant; "Singapore-controlled company" means a company incorporated in Singapore, the majority of whose directors and members are citizens of Singapore or, in the case of any member being another company, where that other company is incorporated in Singapore and the majority of whose directors and members are citizens of Singapore, and where that other company has a member who is a company which in turn has a member who is a company and so on, where each of those member companies are companies incorporated in Singapore and the majority of whose directors and members are citizens of Singapore; "writ" means a writ of election issued under section 24 of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, under section 6 of the Presidential Elections Act (Cap. 240A). [19/2001]
(a) one of the directors is a citizen of Singapore; or (b) one of the members is a citizen of Singapore or a Singapore-controlled company.
(a) any money or other property which is transferred to a candidate, election agent or political association for a consideration which is less than the value of the money or (as the case may be) the market value of the property shall be regarded as constituting a gift to the candidate, election agent or political association, as the case may be; (b) anything given or transferred to any branch of a political association or to any officer, member or agent of a political association in his capacity as such (and not for his political activities or his own use or benefit) is to be regarded as given or transferred to the political association, and references to donations received by a political association accordingly include references to donations so given or transferred; and (c) any reference in this Act to the giving or transfer of anything to — (i) a candidate or his election agent; or (ii) a political association, shall include a reference to its being so given or transferred either directly or indirectly through any third person.
(a) any gift of money or other property to the candidate or his election agent; (b) any money spent (otherwise than by the candidate as permitted by any other written law) in paying any expenses incurred, directly or indirectly, by the candidate or by his election agent or any person authorised by his election agent; (c) any money lent to the candidate or his election agent otherwise than on commercial terms; (d) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person) to the candidate or his election agent; or (e) the provision of any sponsorship in relation to the candidate, which is given, spent, lent or provided (whether before or after he becomes a candidate) for the purposes of the candidate’s election.
(a) any gift of money or other property to the political association; (b) any money spent (otherwise than by the political association or a person acting on its behalf) in paying any expenses incurred, directly or indirectly, by the political association; (c) any money lent to the political association otherwise than on commercial terms; (d) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the political association (including the services of any person); (e) the provision of any sponsorship in relation to the political association; or (f) any subscription or other fee paid for affiliation to, or membership of, the political association.
(a) the lawful transmission by a broadcaster, free of charge, of a party political broadcast; (b) the postage-free election communications provided to candidates pursuant to any written law; (c) the provision by an individual of his own services which he provides voluntarily and free of charge (even if they fall within the course of his normal work); and (d) any interest accruing to a candidate or his election agent or a political association in respect of any donation which is dealt with by the candidate, election agent or political association, as the case may be, in accordance with section 9 (2) or 15 (2).
(a) any money or other property, or any services or facilities, provided out of public moneys for the personal security of the candidate; and (b) where the candidate is the President or Prime Minister, a Minister, Parliamentary Secretary or Member of Parliament, any remuneration or allowances paid to the candidate in his capacity as such.
(a) the value of the money, or the market value of the property, in question; and (b) the consideration provided by or on behalf of the candidate, election agent or political association, as the case may be.
(a) any money lent to a candidate, election agent or a political association otherwise than on commercial terms; or (b) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person), shall be taken to be the amount representing the difference between — (i) the actual cost (if any) to the candidate, election agent or political association; and (ii) the cost that would have been incurred by the candidate, election agent or the political association, as the case may be, had the loan been made, or the property, services or facilities been provided, on commercial terms.
(a) any period for which a donation report is required to be prepared under this Act; or (b) 2 or more such periods.
(a) by a candidate or his election agent if it is received and retained by the candidate or his election agent for the purposes of the candidate’s election; or (b) by a political association if it is received and retained by the political association for its use and benefit.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(a) all donations recorded in the donation report as having been accepted by the political association are from permissible donors; and (b) during the financial year to which the donation report relates — (i) no other donations required by this section to be recorded in the donation report have been accepted by the political association; (ii) no anonymous donation in excess of the amount permitted under section 8 (2) has been accepted by the political association; and (iii) no other donation from any person or body other than a permissible donor has been so accepted by the political association.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(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]
(a) on behalf of himself and one or more other persons; or (b) on behalf of one or more other persons, then each individual contribution by each person referred to in paragraph (a) or (b) shall be treated as if it were a separate donation by that person.
(a) the aggregate value of the donations and the year in which they were made; (b) the name of the political association to which they were made; and (c) the full name and address of the donor and such other details in respect of the donor as are required by the Schedule to be given in respect of a donor of a recordable donation, whether or not the small donations are subject to inclusion in the donation report under section 12 of the political association concerned.
(a) that small donations whose aggregate value was that specified in the report were made by him to the specified political association during the specified year; and (b) that no other small donations were made by him to that political association during that same year.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Every offence under this Part shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
No prosecution for any offence under this Act shall be instituted without the sanction of the Public Prosecutor.
(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.
(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).
(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.
(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.
(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.
(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.
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.
The Registrar shall establish and maintain a register of all donations sent to and reported to him under this Act.
(a) the maximum amount of anonymous donations a political association or a candidate and his election agent is permitted by section 8 (2) or 14 (2) to accept; or (b) the minimum amount of donation that is a recordable donation specified in section 12 (2) or 19 (2) (a), until after the last day prescribed by section 74 (1) of the Parliamentary Elections Act (Cap. 218) or, in the case of a presidential election, by section 56 (1) of the Presidential Elections Act (Cap. 240A), for the transmission of returns respecting election expenses in connection with the election or (as the case may be) presidential election.
(a) with respect to applications or appeals to any court under section 11 or 17; (b) for the giving of notice of such applications or appeals to persons affected; and (c) generally with respect to the procedure under those sections before any court.
(a) by any political association before 15th February 2001; or (b) by any candidate or election agent before 15th February 2001.