PARLIAMENTARY ELECTIONS (AMENDMENT) BILL

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PARLIAMENTARY ELECTIONS (AMENDMENT) BILL: Order for Second Reading read.

The Deputy Prime Minister and Minister for Home Affairs (Mr Wong Kan Seng): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time".

Sir, over the years, the Government has reviewed the conduct of every General Election (GE) and made the process simpler to both candidates and voters without compromising the integrity of the electoral process. After the 2001

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General Elections, Elections Department implemented a number of improvements for the 2006 General Election. The Parliamentary Elections Act was amended in 2005 to simplify the nomination process, and streamline the post-election reporting of political donations and election expenditure, among other issues. During the Committee of Supply debate this year, I informed the House that Elections Department has also reviewed the 2006 GE and will implement more improvements for the next GE. A key review area concerned overseas voting, which is the subject of the Bill before the House.

Overseas voting

The 2006 GE was the first time when overseas Singaporeans could vote. 1,017 overseas Singaporeans registered to vote. 335 of the 553 overseas electors from the 16 contested constituencies eventually voted at the eight overseas polling stations. Now that we have experience in conducting overseas voting, we are prepared to take bolder steps to facilitate the participation of more overseas Singaporeans in our national elections.

The constituency of overseas Singaporeans is growing as more Singaporeans go abroad to work and study. It is estimated that more than 150,000 Singaporeans are working or studying overseas today. This number will grow. It is important that they remain engaged in our domestic affairs and not lose the connection with their homeland.

The Bill before the House proposes a number of amendments to the Parliamentary Elections Act to that end. The amendments can be grouped into three broad areas. First, we will relax the qualifying criteria for overseas Singaporeans to vote. Second, we will simplify

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the registration procedures for overseas voters. The third area comprises a number of miscellaneous amendments to support the first two groups of amendments. I will now elaborate on each of these areas.

_Relaxing the qualifying criteria for overseas voting
Residency requirement
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Overseas Singaporeans have to meet a basic residency requirement before they are eligible to register to vote overseas. We will continue to retain a residency requirement. Many countries have minimum residency requirements for their overseas voters.

Currently, all overseas Singaporeans who wish to vote must fulfil the requirement of having resided in Singapore for a cumulative period of two years within the period of five years before the cut-off date for the registers of electors. In addition, they must maintain a local contact address with the ICA, so that their names can be entered or retained in a constituency’s register of electors.

Clause 3 of the Bill will shorten the residency requirement to a cumulative 30 days out of the last three years before the cut-off date for the registration of electors. This will allow more overseas Singaporeans to vote. All an overseas Singaporean needs to do is to come home for 10 days a year to visit his family and friends. This is a far more liberal residency requirement compared to the present one. The Bill also does away with the current special treatment for Government officials and scholars or employees of approved international organisations who are employed or studying abroad, and their family members.

Foreign electoral registers

Next, certain voter disqualifications were reviewed after the 2006 GE in view

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of feedback from overseas voters. The current Parliamentary Elections Act disqualifies overseas Singaporeans from voting if their names are entered in the electoral registers of other countries. The rationale was to exclude any citizen who could be a participant in the political process of a foreign State.

In 2006, we learnt that the UK authorities require all households to submit the particulars of household members annually. This is compulsory and applies to foreign residents from Commonwealth countries, which include Singapore. The information is then entered into the UK electoral registers. Some Singaporeans who were living in UK had their names entered into the UK electoral registers and were thus unable to register for overseas voting in the 2006 GE.

We should distinguish between Singaporeans who choose to participate in the political process of a foreign State and those who are included in foreign electoral registers and do nothing more. The former will continue to be disqualified whereas the latter should be given an opportunity to vote.

Clause 4 of the Bill will amend section 6(1) of the Parliamentary Elections Act to delete the current disqualification for overseas Singaporeans on account of their names being entered in the electoral registers of another country or territory. Instead, the disqualification criteria will be aligned to the circumstances under which a person may be deprived of Singapore citizenship, as spelt out in Article 135(2) of the Constitution. This covers the scenarios where Singapore citizens who acquire or apply to acquire foreign citizenship or where they exercise any rights which are accorded exclusively to the citizens or nationals of that country. For example, casting a vote in any foreign national election or the mayoral elections

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of metropolitan areas like London will be disqualifying acts.

_Simplifying the registration process of overseas voters
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Now, let me move on to the second group of amendments, which is in the area of registration procedures, especially for overseas voters. Today, all voters, including overseas voters, who wish to register, must submit a completed and signed application form with supporting documents, either by hand or registered post, to any local or overseas registration centre or to the Elections Department. Overseas voters have just 21 days to register themselves for overseas voting after the registers of electors are revised and open for inspection.

The present registration period of 21 days is tight and may be too far removed in time from the actual issue of the Writ of election. The last GE saw Singaporeans who were newly-resident overseas travelling long distances to the nearest Singapore Embassy only to be disappointed that they could not cast their vote, because they had not registered during the 21-day window.

We will now allow overseas voters to register themselves at any time before the Writ of election is issued. Once the Writ is issued, registration will cease. Once the election is over, an overseas Singaporean can apply to register as an overseas voter for the next General Election. Clause 8 of the Bill does away with the 21-day window period stipulated in section 13A. Overseas voters will also be allowed to de-register or to change their assigned overseas polling station at any time before the Writ of election is issued. This will address the inconvenience arising whenever a registered overseas voter returns to Singapore or relocates to another city which is designated for overseas voting.

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We will also simplify the registration procedures in a number of ways. We will create an online facility to allow all Singaporeans to register as electors. The Bill does not deal with this explicitly. Regulations will be made under the Parliamentary Elections Act later.

Clause 6 of the Bill amends section 11 of the Parliamentary Elections Act to remove the current requirement for every objection to be submitted in duplicate. With online processes, overseas Singaporeans will find this useful, especially if they are non-voters, and want to apply to restore their names to the registers of electors, or if they need to file claims to names omitted or objections to names found in the revised registers of electors during the 14-day period when the revised registers are open for inspection.

Clause 7 of the Bill also amends section 13 of the Parliamentary Elections Act to allow the Registration Officer to update the list of overseas voters in the registers of electors whenever necessary. The Registration Officer will be empowered to remove from the register the names of overseas voters whose contact addresses have ceased to exist or are outdated. The Officer can also enter the name onto the appropriate register once the person whose name is removed has notified the Commissioner of National Registration of his new contact address.

_Other miscellaneous amendments
Extra-territorial application of the Parliamentary Elections Act
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Like most of other laws, the Parliamentary Elections Act currently applies only to acts and omissions occurring within the territory of Singapore and there are no means to enforce its provisions against citizens outside Singapore. An overseas voter who

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commits an election offence while he is in an overseas polling station therefore cannot be charged in our courts here. Similarly, false claims or declarations made by overseas Singaporeans to gain registration also fall outside the Parliamentary Elections Act’s application.

While making it easier for overseas Singaporeans to vote, we must have avenues to deal with those who undermine the integrity of the electoral process by committing an election offence or making false declarations. The Bill therefore provides for extra-territorial application of the Parliamentary Elections Act to ensure that the integrity of the election process is not undermined. For example, the making of any false declaration when applying to register as an overseas voter or to change the allotted overseas polling station will be an offence, even if made outside Singapore. The person, if convicted, faces a fine not exceeding $1,000 or imprisonment for a term not exceeding three years or both. Clause 9 of the Bill amends section 21 of the Parliamentary Elections Act for this purpose. Clause 12 of the Bill similarly gives extra-territorial effect to the regulations governing overseas voting. The legal proceedings for these offences will take place only in Singapore.

Improving access to overseas stations

Sir, we have designated nine cities where overseas polling stations may be set up. Currently, only diplomatic Missions may serve as overseas polling stations. This is because they enjoy diplomatic immunity and any activity conducted in it remains under Singapore’s control. To deal with situations where a particular Mission is not available to cope with the number of voters, we will expand the class of premises that can be used as overseas polling stations, to include the official residences of our senior diplomats. These premises similarly have diplomatic immunity. Clause 10 of the Bill makes this

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change. This is connected with the amendment to the definition of “overseas polling stations” in clause 2.

By clause 12 of the Bill, we will also lift the existing cap on voting hours at overseas polling stations in section 39A, overseas polling stations. This means that an overseas polling station may operate beyond the current limit of 12 hours when necessary. However, an overseas poll must close not later than the close of the polls on polling day in Singapore. This is unchanged.

_Amendments to the Presidential Elections Act
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Clause 13 of the Bill makes related amendments to sections 2 and 22A of the Presidential Elections Act in the same manner as the amendments in clauses 2, 11 and 12 of the Bill.

Sir, as more Singaporeans venture abroad to work or study, we will strive to ensure that they remain connected to Singapore. This Bill seeks to make it easier for overseas Singaporeans to register and vote while at the same time preserving the integrity of the election process.

Sir, I beg to move.

Question proposed.

3.16 pm

Ms Sylvia Lim (Non-Constituency Member): Sir, the proposed relaxations to increase the catchment of overseas voters are a step in the right direction, in particular, section 5 eases the residency requirement from two years out of five to 30 days out of three years which should enable more to qualify. However, I would like to seek two clarifications from the Deputy Prime Minister about the amendments. First of all, the definition of "overseas polling station" has now been

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expanded to cover the official residence of our diplomats. And based on his Second Reading speech earlier, are we to assume that the increase in polling stations is still confined, for example, to the political capitals of the countries in question? Second, is there any plan in the near future to explore other countries which are not currently listed? I understand that there are a fair number of Singaporeans, for example, in other countries such as New Zealand and India. Would those countries be considered in the medium term?

Secondly, Sir, there is also the provision, section 39A, which remains unchanged that the polls overseas should not close later than the poll in Singapore which, I think, is a very right step. Is the Government considering closing the overseas polls early enough so that the overseas votes can be sent back to Singapore in time for counting to be combined with the local votes? As I previously said, this is important for voter anonymity, especially in smaller constituencies where the number of overseas voters may be very small.

Lastly, Sir, I was also intending to raise issues concerning by-elections in the Group Representation Constituencies which are covered under the Parliamentary Elections Act. However, as there has been a motion filed by the Nominated Member, I will be raising my comments at that time.

3.18 pm

Mr Siew Kum Hong (Nominated Member): Mr Speaker, Sir, I rise in support of the Bill.

This Bill seeks to refine the Act by implementing changes that the Deputy Prime Minister had announced in the Committee of Supply debate earlier this year. These refinements are positive and much welcome. Having said that, I have

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three points for the Deputy Prime Minister's consideration.

Sir, of all the amendments, the relaxation of the eligibility criteria for an overseas voter is the most significant. A Singapore citizen must now spend an aggregate of 30 days in the past three years in Singapore to qualify for overseas voting. It removes the previous eligibility criteria which had been heavily criticised. This will have the effect of enabling many more overseas Singaporeans to vote. It also means that at the next general elections, overseas polling stations are likely to receive many more overseas voters than in the 2006 elections. Section 39 of the Act specifies that the Presiding Officer of a polling station, which includes an overseas polling station, shall exclude from the polling station all persons except voters allotted to that polling station, the candidates, the polling agents of each candidate and other persons involved in the functioning of the polling station. My question is whether the Government will make special provision to enable polling agents of candidates to be present in overseas polling stations.

While the Act, as it now stands, permits parties to send their polling agents to overseas polling stations, the reality is that travel costs would be so high as to make this prohibitive and unrealistic. That being the case, I propose that the Government should fund the travel of one polling agent from each political party involved in the elections to each overseas polling station where overseas voters in respect of constituencies contested by that party are registered to vote so that all parties would be able to appropriately monitor the various overseas polling stations. This would ensure that the same degree of transparency and accountability applies to both local and overseas polling

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stations and preclude any allegation of vote rigging, foul play or other unfairness.

My second point relates to early voting for overseas voters. Ms Sylvia Lim had raised this issue in last year's COS and I think she has mentioned this slightly earlier. Sir, at COS this year, the Deputy Prime Minister had answered that there are many implications to early voting which make it unfeasible, including the fact that overseas Singaporeans would then only witness four to five days of campaigning from overseas before voting which may not be enough for them to form a conclusion on whom to vote for. I urge the Deputy Prime Minister to reconsider this and to permit early voting for overseas voters. The concern raised by Ms Lim is certainly true that there is a valid concern about anonymity in some wards, in particular single member constituencies. It seems to me that there is little qualitative difference between five days of campaigning and nine days of campaigning. I believe that the benefits of permitting early voting for overseas voters far outweigh the potential problems. And, certainly, if the Government was keen to give Singaporeans more time to come to an informed conclusion, then it should provide for much longer campaign period than the statutory minimum of nine days which has been the practice in past elections.

Also, in this year's COS, Mr Matthias Yao had raised the question of contingency plans to deal with possible disruptions to the smooth conduct of elections, such as severe weather on Nomination Day and Polling Day. The Deputy Prime Minister's response then was that the Elections Department was looking into this and legislative amendments would be introduced to address such situations. The Bill currently before this House does not appear to address this issue. I therefore hope that the Deputy Prime Minister can update this House on the status of the Elections Department's work on contingency

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planning and the proposed legislative amendments that he had referred to in this year's COS.

Sir, the Amendment Bill before this House is a well-balanced piece of legislation that preserves the principles of democracy by enabling many more overseas Singaporeans to vote than is presently the case. This keeps our general elections relevant in today's globalised world. I believe that the refinements I have suggested would improve the Act even more.

With that, I support the Bill.

3.22 pm

Mr Wong Kan Seng: Sir, I thank the Members for supporting the amendments in this Bill. I will answer the questions raised by both Ms Sylvia Lim and Mr Siew Kum Hong.

Ms Lim asked whether we could expand the number of overseas polling stations or not. Right now, we have nine. There are certain basic criteria we have to consider before we decide to open an overseas polling station. Firstly, we must have a Mission in that particular country. Secondly, we must have enough Singaporeans living in that country. And, thirdly, if the election is to be held in a particular city, we also must have enough mass in that particular city. What are the numbers we look at? If we have 10,000 Singaporeans living in a country, say, China, definitely, we will have a polling station in China. If there are more than 1,000 Singaporeans in cities like Beijing and Shanghai, we will have an overseas polling station in these two cities. Short of that, it is hard to justify opening an overseas polling station because it does require a lot of planning and resources to deal on the actual day of polling. So from the studies we have made, I think the expansion to the current list of nine cities is enough. If there is a need to do more,

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we will look at them and see what more can be done to open up more polling stations.

On advancing the end of poll for overseas polling stations, I have explained before that it will shorten the time for overseas voters to make an informed decision. I have just heard Mr Siew saying that five days of campaigning is the same as nine days of campaigning, so why not close four days earlier. I am not sure if the Opposition will agree with that. I think we all want to have as much time as possible to put our views across. The timing right now to close the poll for overseas station no later than we close the poll for the Singapore station is a correct one. We will see how else we can deal with the situation of too few voters in a particular constituency. But as more Singaporeans go overseas to work and register themselves to vote, then the chances are that many of them will come from a particular constituency, and therefore the question of secrecy or anonymity of the vote will no longer arise. In fact, even if there are five overseas Singaporeans who voted for a particular constituency, nobody can tell really how the five individual members actually voted other than to know that maybe X number for one party and Y number for another party. Beyond that, who voted for who is anybody's guess. I think the Opposition Member, Mr Low Thia Khiang himself, also once agreed with me that the vote is secret and we cannot really tell.

On the eligibility criteria, I have explained that. Mr Siew is quite happy with the change. His suggestion about Government funding the polling agent to go to a polling station overseas is something that we will not need to do, because there is no law compelling any party to send any polling agent to the polling station. It is not compulsory. They do not have to do it. In fact, there are some parties that could not even have enough polling agents for the Singapore

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elections. So we do not see the need to spend public money to send the Opposition or PAP polling agent to an overseas station. We should trust the integrity of the election process and, so far, there has been no complaint. People know that our election is fair and transparent and it is not an issue at all not to have polling agents to oversee it. If the party wants to do so, I think they are free to spend whatever they need or even to appoint somebody overseas as their polling agent. But, again, that must be subject to the availability of space in a particular overseas polling station because, as we know, Singapore is quite frugal. We do not have large Missions like some countries and, therefore, we may not be able to find enough space to accommodate all the parties that want to send their polling agents to those countries.

On the last question of contingency plans, these are still being worked out. This particular Bill only deals with overseas voting and registration for overseas voting.

Mr Chiam See Tong (Potong Pasir): Sir, can I get a clarification, please?

Mr Speaker: Yes, please.

Mr Chiam See Tong: There is a sum of $80 million budgeted in 2006 to be used for upgrading of flats at Potong Pasir. But that sum, although budgeted, was not released. I am asking whether part of that sum can be used to fund observers to overseas elections?

Mr Wong Kan Seng: Sir, the Government, as you know, is very frugal, very prudent, very fiscal minded and, of course, whenever there is a need to spend money, we will spend the money. But, in this instance, we do not think we need to

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spend public money to fund the sending of polling agents to overseas stations.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. – [Mr Wong Kan Seng].

Bill considered in Committee; reported without amendment; read a Third time and passed.