PRESIDENTIAL ELECTIONS (AMENDMENT) BILL

Order for Second Reading read. 5.25 pm

The Minister for Law (Prof. S. Jayakumar): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this Bill makes two main changes to the Presidential Elections Act. Firstly, it amends sections 31 and 32 of the Act and introduces a new section 31A to allow decentralised counting of votes for Presidential Elections.

Why is this change necessary? The existing system under the Act requires all ballot boxes throughout Singapore to be deposited and opened in one place before counting of votes can begin. Clearly, this is very cumbersome and time-consuming. Under the proposed decentralised system, votes will be counted at different counting places and the total results will be ascertained at one centre. Each candidate will be entitled to appoint one counting agent to attend the counting at each counting place. Once the votes are counted, a certified record of counting at that place will be prepared. The certified records of counting at all the counting places will then be transmitted to a principal counting place where the results of the different counting places will be added up to determine the total votes for each candidate. Therefore, the total results for each candidate will be announced thereafter.

Decentralised counting of votes is a practical measure to facilitate and expedite the counting of votes. Members will note that the Bill has safeguards to ensure that the poll results are accurate in any such count.

The second main amendment concerns the time for the Presidential Elections Committee (PEC) to consider applications for certificates of eligibility. Under existing provisions, applications can be made only after the writ is issued and the latest date is not less than two clear days before Nomination Day.

We have considered this point that there may not be enough time for the PEC to consider and decide on applications. As Members know, a Presidential Election must take place in one of two situations. First, within three months before the expiry of the term of the incumbent President, which is section 6(1)(b) of the Act; and the second situation is if there is a vacancy, say, due to resignation or death within six months from the date when the vacancy arises (section 6(1)(a) of the Act).

Sir, the Bill amends section 8 of the Act so that the candidates may apply to the PEC for a certificate during either of these "window" periods, that is to say, well before the writ is issued. However, the latest date to apply for the certificate is three days after the issue of the writ. In other words, this amendment allows potential candidates, people who desire to stand for election, to apply for the certificates well before the writ is issued and this will, therefore, give the PEC more time to consider their applications.

The remaining amendments relate to the Election Judge. Sir, these changes will bring the Act in line with the Constitution, even as amended by the proposed Constitution of the Republic of Singapore (Amendment) Bill 1993 which is also before the House.

Sir, I beg to move.

Question proposed.

Dr Arthur Beng Kian Lam (Bedok GRC): Sir, I rise to support the Bill.

Sir, there are two aspects to this Bill, as the Minister has said. Firstly, more time is given to the Presidential Elections Committee for the certification of the suitability of a candidate. This is good as it allows for more thorough checking. Secondly, it is good that the procedures and safeguards for the counting of votes are laid down clearly in this Bill. From my observation, the procedures follow closely the present practices at our elections and I am confident of these procedures. In any election, a poor loser can always cry foul if the procedures are not clear and the system completely transparent. This will achieve both these aims.

Sir, the Presidential Elections, being a nationwide election, mean that there will be many counting stations, that is, a decentralised system as mentioned by the Minister. As the candidate cannot be in every counting station, it is fair that a candidate is allowed one counting agent per counting station. Sir, in the whole election process, the ballot box will never be out of sight of the candidate or his agent except when the ballot box has to be transported from the polling station to the counting station, that is, when the ballot boxes are in the bus or other vehicle. However, I believe that a serious candidate or his agent would have placed his seal on the ballot box at the time when the polling ceases. This is one very important safeguard. I hope that the Minister can elaborate on other safeguards that need, if he feels necessary, to be introduced to assure all that the system is indeed intact.

Personally, I am satisfied with the present system.

Mr Ho Peng Kee: Sir, I rise to support the Bill.

Sir, in Singapore, Government takes elections seriously. Voting is compulsory. Steps are taken to ensure that voting is fair. The vote is secret. Decentralised counting of votes in a national election is a logical move. It is certainly more practical than the present system. As a matter of procedure and with the safeguards, no one should have any quibbles with it. What is important is that the substance remains unchanged, that is, the integrity of the system is not jeopardised. Elections continue to be taken seriously by Government. Voting remains compulsory and fair. Our vote remains a secret.

In fact, the new system reduces the danger of any natural mishap to the ballot boxes in the course of transportation. Hopefully, it will stop once and for all any casting of aspersions or unjustified allegations as to what may happen to the ballot boxes in the course of transportation.

Sir, it stands to reason that as the number of constituencies has increased, decentralised counting of votes is the way to go. In fact, I will go one step further and ask the Government to adopt a decentralised system of counting for our general elections as well.

I also support the second modification proposed by the Bill. Why have a situation where the PEC may be put under pressure and time constraint in deciding on the eligibility of an application of a candidate and that can be avoided without compromising the integrity of the system? The more time the Committee has, the closer the scrutiny, the more detailed the checks, the more careful the deliberations and the more credible the list of candidates. Justice is served, fairness is secured.

Prof. Jayakumar: Mr Speaker, Sir, I thank the two speakers who have spoken. Dr Arthur Beng referred to the safeguards and I wish to reiterate that the safeguards which are to be found in the Parliamentary Elections Act on ballot boxes, sealing up of ballot boxes, transportation, and so on, are all, as he would have noted, incorporated in the existing provisions. But, of course, the decentralised system of counting includes provisions not to be found presently in the Parliamentary Elections Act, and he asked me to elaborate on some of the other safeguards. I would mention a few. For example, at the decentralised counting places, the candidate or his election agent can be present to observe the counting of the votes. Next, in each counting place an Assistant Returning Officer will have to certify the record of the counting and that will be transmitted to the principal counting place. That certified record of counting, the candidate or his election agent can also affix a signature so that there can be no dispute as to whether that was the certified record which was later transmitted to the principal counting centre. At the principal counting centre, the secrecy of the vote is still ensured and all the ballot papers and documents used in the election will be sealed up once counting has been completed at the counting places and the certified record of counting has been transmitted. So once sealed, as he knows, they cannot be reopened or inspected without a court order in relation to an election petition.

Mr Ho Peng Kee's point is about the decentralised system being introduced for the Presidential Elections. The point that he made is taken as to whether we can do that for parliamentary elections also. We should take that under consideration because it may help to solve the problem about transportation of ballot boxes during parliamentary elections. It takes up a lot of time and it also does delay the counting and declaration of results during parliamentary elections. But let us observe how it works during the Presidential Elections and if it is found workable, we may want to consider it for parliamentary elections.

Mr Low Thia Khiang: One clarification, Sir. The Minister just now mentioned that it will observe how the new system works under the Presidential Elections. Would the Minister tell this House when would the Presidential Elections be held?

Prof. Jayakumar: As to the exact date when the Presidential Elections will be held, of course, he and other Members in this House must wait for the announcement, a promulgation of the writ. But as he knows, one of the two "window" periods is three months before the expiry of the term of the incumbent. So I think he can work backwards and see that the first "window" period will be after 31st May but before 1st September, which is the expiry of the term of President Wee Kim Wee.

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. - [Prof. S. Jayakumar].

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