SINGAPORE LEGISLATIVE ASSEMBLY ELECTIONS (AMENDMENT) BILL

Order for Second Reading read.

3.34 p.m.

The Prime Minister: Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The new clauses which this Bill will introduce into the Legislative Assembly Elections Ordinance can be roughly classified into three categories: first, some important new provisions; second, some changes of a purely administrative nature; and, third, some new clauses in clarification of existing provisions in the Ordinance.

Clause 2 of the Bill introduces an important change in the qualification for candidature of the Legislative Assembly elections. Mr Speaker, Sir, with the introduction of compulsory voting, one of the penalties is the removal of the voter's name from the register if he does not vote. It is, therefore, anomalous that a person could be penalised for not voting by not being allowed to vote, and yet he could still legally stand for election. If a man has not taken the trouble to vote and keep his name on the register, it follows that he should not be qualified to be voted for, and we have, by this amendment, carried the logical changes which compulsory registration must introduce.

Clauses 9 and 13 will reduce the overall period between the date of the issue of the writ of election and polling day. In clause 9, the minimum period between the date of the issue of Writs of Election and Nomination Day will be nine days, instead of 16 days, and the minimum period from the date of publication of the Notices of Contested Election to Polling Day will be reduced from three weeks to nine days. I would like to draw the attention of the House to the fact that these are minimum periods. The maximum periods remain as they are on the Statute Book. These amendments will bring our legislation more in line with what is current in other parts of the British Commonwealth and in the United Kingdom. The only reason why the minimum periods were as long as they were originally provided for, was that in the early days the Elections Office had not sufficiently worked out the procedure and the administrative arrangements necessary for conducting the elections. It was thought prudent that a considerable length of time should be provided for the preparations before voting. I am glad to say that, partly from the experience we have gained, and partly through the impetus of the new Government, the Elections Office now feel that they can keep abreast of the electoral machinery in other parts of the British Commonwealth.

On the administrative changes, may I draw the attention of the House to clause 3, which provides for the establishment of more polling stations at the discretion of the Returning Officer, rather than limiting it as at present to two per polling district? At the same time, we are repealing the provision with regard to separate polling stations for the exclusive use of female voters. From the experience gained in the Local Government and Legislative Assembly elections over the last three years, Returning Officers have discovered that it might be sometimes necessary to have more than just two polling stations in a polling division. We have also decided, from experience, that there is no need for the provision of separate polling stations for women.

Clauses 5 and 8 are changes which will allow the Registration Officer to transfer the name of a voter from one register to another, even though the time for objections has elapsed, if it is discovered that he had been wrongly placed. At present, the law does not allow a Returning Officer to correct the register of a voter once the period allowed for objections has elapsed, even though it is discovered that he had been classified in the wrong constituency.

Clause 7 of the Bill, which provides for the preparation of combined registers of electors for Legislative Assembly and Local Government elections, will now be repealed, as there will no longer be any elections to local authorities, such as the City Council and District Councils.

Clause 10 provides that it will now only be necessary for the Minister alone to issue a notice at least five clear days before the date fixed for nomination. At present, it is also necessary for the Returning Officer to make the announcement. We have considered it unnecessary to have this duplication. Henceforth, by the amending clause 10, there will be only one announcement five days before the date fixed for nomination.

Clause 16 is complementary to clause 3 in that it repeals the second proviso to section 38 (5) of the Ordinance, since it is no longer necessary to have polling stations established for the exclusive use of female voters.

Clauses 19 and 21 will transfer the power to make regulations and prescribe forms from the Governor in Council to the Minister. This is in line with section 72A of the Ordinance where the former Governor in Council's powers to make regulations for the display of posters and banners have been transferred to the Minister by virtue of the Transfer of Powers Ordinance (No. 71 of 1959).

Sir, on the clauses in clarification. First, I would like to draw the attention of Members to clauses 11 and 12 and to the amendments of which I have given notice. Under section 27 (3) as it stands at present, a candidate must be present at the time of his nomination to deliver a statutory declaration of his qualifications and a nomination paper. But section 29 (2) is so drafted that either the proposer or the seconder could put in the nomination paper of a candidate. As the Bill stands at present, it was the original intention to resolve the doubt in favour of allowing the proposer or seconder to put in the papers of a candidate. Sir, I have had discussions with my colleagues and with leaders of the Opposition, and we have decided to resolve the doubt in favour of section 27 (3); in other words, requiring the candidate to put in his nomination paper and also his statutory declaration.

Clause 14, Sir, amends section 35 (1) of the Ordinance to make it clear that each Presiding Officer is supplied only with that part of the copy of the register which applies to his particular polling place. This is to obviate the possibility that a person's name may appear in that part of the register given to a Returning Officer and that more than one Returning Officer may have his name in the register that he has given. Theoretically speaking, there is always the possibility that one voter might be able to go to two polling places and acquire two ballot papers from two Returning Officers. I am not suggesting for one moment that that had happened.

Clause 15 will amend section 36 (2) and will clarify the position of Presiding Officers or Senior Presiding Officers with regard to the voting facilities for electors. They will now be made responsible only for the provision of such facilities in respect of their own polling station only.

Last, in clause 20, it is now necessary for the candidate to inform the Returning Officer before 12.30 p.m. on the day of nomination, of the name or names by which he would be known for the purposes of election. There appears to be no necessity for the extension of time up to 4.00 p.m. on the day of nomination. Practice in the past has indicated that all candidates at the time of nomination are in a position to decide by what name or names they would be known on the ballot paper.

Clauses 4, 6 and 17 are amendments, which are purely of a formal drafting nature, and I do not think it is necessary for me to say anything on them.

Sir, I beg to move.

Question proposed.

3.46 p.m.

Tun Lim Yew Hock: Sir, I rise to support the principle adumbrated in the Bill. In moving the Second Reading, the Hon, the Prime Minister has made mention of clauses 9 and 13 in regard to the minimum period required for nomination papers to be submitted after the proclamation and polling day after nomination.

Sir, the two periods mentioned in these two clauses of 16 days and three weeks were put in when Singapore had its first elections in 1948. At that time, elections were just beginning in this country. Now that we have marched towards parliamentary democracy, it is quite right that the amendments should take place.

Question put, and agreed to.

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

Assembly immediately resolved itself into a Committee on the Bill.-[The Prime Minister].

Bill considered in Committee.

[Mr Speaker in the Chair]

3.48 p.m.

Clauses 1 to 10 inclusive ordered to stand part of the Bill.

Clause 11-

The Prime Minister: Mr Speaker, Sir, I gave notice that it is the intention to negative this clause of the Bill.

Question, "That clause 11 stand part of the Bill", put, and negatived.

Clause 11 accordingly disagreed to.

Clause 12-

The Prime Minister: Mr Speaker, Sir, I beg to move,

In page 3, line 23, at end, to add-

'(c) by deleting the words "or by his proposer or seconder" appearing in the fourth line thereof.'

An explanation has been given in the Second Reading of the Bill. I might also add that consequential amendments are to be made in page 3, lines 20 and 23, as given in the Notices of Amendments*.

• The consequential amendments are as follows:-

(1) In page 3, line 20, to leave out "and".

(2) In page 3, line 23, to leave out the full-stop and insert "; and".

Amendment agreed to.

The Chairman: Consequential amendments will be made.

Clause 12, as amended, ordered to stand part of the Bill.

Clauses 13 to 21 inclusive ordered to stand part of the Bill.

Bill reported with amendments; read the Third time and passed.