SINGAPORE LEGISLATIVE ASSEMBLY ELECTIONS (AMENDMENT) BILL

Order for Second Reading read.

11.26 a.m.

The Chief Secretary (Mr E. B. David): Mr Speaker, Sir, I have His Excellency the Governor's consent to proceed with this Bill. I beg to move, "That the Bill be now read a Second time."

Sir, this Bill follows closely the Local Government Elections (Amendment) Ordinance, 1959, which was debated and passed by this House at its last sitting. Except for one or two new clauses to which I shall refer later, most of the clauses in this Bill are identical with those of the Local Government Elections (Amendment) Ordinance, and I need not refer to them at any length beyond stating that this Bill implements the same recommendations of the Elias Commission with the object of eliminating malpractices during elections. It provides for the preparation of combined registers, and introduces similar provisions for compulsory voting and the imposition of sanctions against electors who fail to record their votes.

Like the other Ordinance, this Bill also makes a number of amendments of an administrative character, such as removing requirements for the publication in newspapers of various election notices, extension of time for preparing the claims list from four to ten days, and also provision for regulating the display of posters and banners by candidates in respect of an election.

One new clause which is not included in the Local Government Ordinance is clause 3. Section 5 of the Singapore Colony (Electoral Provisions) Order in Council, 1958, lays down the qualifications for membership of the first Assembly under the new Constitution. Subsection (1) (a) of that section states that the candidate for election must be a citizen of Singapore who-

"is of or above such age and possesses such residence qualifications as may be prescribed by or under the Singapore Legislative Assembly Elections Ordinance."

Clause 3 of this Bill now makes provision for the age and residence qualifications. The qualifying age is put at 21 years or upwards on the day of nomination. No residence qualification will be required for persons born in Malaya, but for those born outside Malaya, a Singapore residence qualification of eight out of ten years is required. Residence in Singapore on the day of nomination for election is made a further stipulation. I next refer to clause 7, which provides that persons who have been deprived of their Singapore citizenship shall not vote at elections. This removes any doubt arising from the fact that under the existing provisions of the parent Ordinance persons registered as citizens during the initial registration period were entitled to have their names included in the Legislative Assembly electoral rolls for the forthcoming election by virtue of such registration.

Clause 7 has also been drafted so as to provide that before the Legislative electoral registers are certified, the Registration Officer shall from time to time expunge from the registers the names of persons deprived of their citizenship, notwithstanding that the claims and objections period has expired.

Clause 11 similarly provides that before certification of revised registers, the Registration Officer shall from time to time on being informed by the Registrar of Citizens similarly expunge names of persons deprived of their citizenship during the period when revision of the registers takes place.

Another clause, Sir, which I would like to mention is clause 15. Clause 15 (b) follows a similar amendment made to the Local Government Elections (Amendment) Ordinance, 1959. Section 37 (2) of that Ordinance goes further than the corresponding Section 37 (2) of the Legislative Assembly Elections Ordinance in that the words - I quote:

"or who, by reason of circumstances existing on the day of the election is not, by virtue of the provisions of section 5 or 6 of this Ordinance, entitled to have his name entered or retained in any register of electors,"-

are not included in section 37 (2) of the Legislative Assembly Elections Ordinance. It is therefore proposed by clause 15 to amend section 37 of the parent Ordinance in order to bring this provision into line with the similar provision in the Local Government Elections Ordinance.

Clause 17, Sir, provides for compulsory voting and the provisions in that clause are similar to those already approved in the Local Government Elections Ordinance with the exception of one additional provision, that is subsection (3) of the new section 41A.

The easiest, quickest and cheapest way in which to prepare a list of those who did not vote at an election, as required in subsection (2), is to use the marked copies of the registers used at the polling stations. But as the Ordinance stands at present, these marked copies have to be sealed by the Presiding Officer immediately after the poll - section 46 (1) of the Ordinance refers - and they have to be counter-sealed by the Returning Officer immediately after the declaration of the results of the election in accordance with the requirement of section 47 subsection (9) of the Ordinance. The purpose of the amendment in the new subsection (3) of section 41A is to enable the Returning Officer to have access to the marked copies of the registers by breaking the seals affixed by the Presiding Officer to the package containing these marked copies, for the purpose of inspecting them with a view to the preparation of the lists of those who did not vote, as provided for in subsection (2) of section 41A. The reason why marked copies of the registers are sealed up with the other documents used at the poll is solely for the purpose of enabling a scrutiny to be made as a result of an election petition. The secrecy of the ballot will not be violated in any way if these marked copies of the registers are not sealed up. They give no indication of how any individual has in fact voted.

Sir, the amendments I have just explained show the important aspects of this Bill in so far as they differ from the provisions of the Local Government Elections (Amendment) Ordinance, 1959.

At the Committee stage of the Bill I shall be moving several amendments of which I have given notice. Some of these amendments are mainly of a drafting nature or made for clarification purposes. I will explain the reasons for the other amendments, Sir, when they are moved in Committee.

I would only like to conclude, Sir, by saying that the primary object of this Bill is to ensure clean elections, but the House and the public must realise that enacting legislation of this kind will not necessarily by itself solve this problem. Whether the law is obeyed or not depends basically on the respect in which that law is held by the public, and in particular by that section of the public which is especially affected by these provisions.

If it becomes necessary to enforce any of the provisions of this law, the police will of course be completely impartial. But I hope that in discharging this difficult task, they will receive full assistance and co-operation from all political parties and from members of the public. Action by the police and subsequently by the courts can only be remedial and cannot in itself prevent the disease. Whether the forthcoming elections to the new Assembly will be free of malpractices will depend primarily on the respect in which this law is held by all concerned.

Sir, I beg to move.

Question proposed.

Mr Speaker: I have on my table notes of certain amendments which are to be moved, I understand, in Committee stage, and of which no notice has been given. Perhaps, this is the proper time for me to suspend this Assembly to consider whether or not I should give my consent to these amendments being moved, because in giving my consent, I will of course have to take into consideration the interests of the minority in the Assembly. I myself have not had the time to look at these suggested amendments and I am sure hon. Members would like some time to look at them, if the amendments are to be moved today in Committee. Perhaps the hon. Member for Tanjong Pagar may wish to comment.

Mr Lee Kuan Yew: If I may, Mr Speaker, Sir, I had indicated, when the Bill was tabled for First Reading, that I would get in touch with the Government so that any amendments which we may propose would be by consent. Partly because of the urgent duties of the Chief Minister and partly because of the Chinese New Year holidays, which caused two dies non - Monday and Tuesday - I was not able to give notice of these amendments which I had agreed with the Chief Minister on Saturday afternoon at 12.45 p.m. I had not been able to see him earlier because he was away.

Sir, I have since this morning been in consultation with the Attorney-General as to the legal accuracy of these amendments and, apart from one or two further provisos which he proposes to make to my amendments, he agrees with me that they would not dislocate the main Ordinance.

If you feel, Mr Speaker, Sir, that the other Members of this House who are not included in the main political parties should also have an opportunity to express their opinion, may I suggest that at the Committee stage they will have full opportunity to express their views. Alternatively, I would suggest that the Committee stage be taken tomorrow or, if the Government so wills it, on the 3rd of March.

Mr Speaker: Hon. Members, of course, know the Standing Order. It says:

"Notice shall not be dispensed with in the case of a motion or in respect of any other proceeding for which notice is required except with the consent of the Speaker and the general assent of Members present."

I think there has been no firm expression whether or not the Government wishes to take the Committee stage today or tomorrow, unless the Chief Secretary has something in view?

Mr David: Sir, as far as Government is concerned, these amendments are broadly acceptable, but we have not had the opportunity of looking at them in detail and it would be convenient, from the Government's point of view, if the Committee stage of the Bill were taken this afternoon.

Mr Speaker: In that case, I suspend this Assembly. I will take this Chair again at half-past two.

Sitting accordingly suspended at 11.41 a.m. until 2.30 p.m. Sitting resumed at 2.30 p.m.