Singapore Election 2011

Latest news and updates about Singapore's 14th GE

PAP may contravene Parliamentary Elections Act by displaying its flags in public before Nomination Day

Posted by singaporege2011 on April 21, 2011

The PAP regime may have contravened the Parliamentary Elections Act (CHAPTER 218, SECTIONS 78, 78A AND 102) by displaying its flags in public before Nomination Day.

Netizens spotted PAP flags being planted in several estates such as Bukit Batok, Bedok, Woodlands, Toa Payoh and Kovan. One Bukit Batok resident took a snapshot of it and uploaded to TR Facebook, asking if he should report the matter to the police:

Under the Parliamentary Elections Act, unless the context otherwise requires —

banner” means any election advertising that is a flag, bunting, ensign or standard;

campaign period” , in relation to an election, means the period —

(a) beginning with the closure of the place of nomination on nomination day after the election is adjourned under section 34(1)(a) or 34A(1)(a), as the case may be, of the Act to enable a poll to be taken in accordance with the Act; and

(b) ending with the start of the eve of polling day of that election;

“display” , in relation to a public place, includes display on the exterior of a vehicle (whether or not mechanically propelled) in a public place;

(Source: Singapore Statute)

Any person who commits an offence under such regulations shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months and every offence under such regulations shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010 (Act 15 of 2010).

Being an arrestable offence, the police can open a case on its own and arrest the person(s) planting the PAP flags on the spot without the need for a police report.

Coincidentally, Bukit Batok Neighborhood Police Post is located across the road where the above photo is taken.

The law stated very clearly that party banners and flags which are considered ‘election advertising’ can only be displayed during the campaign period starting from Nomination Day on 27 April to the eve of polling day on the 6 May. Surely the PAP ministers and MPs must be aware of the law and stop their zealous grassroots leaders to plant the party flags all over the island way before Nomination Day.

Singaporeans should write in to the Elections Department to complain against this flagrant infringement of the Parliamentary Elections Act.

The early display of PAP flags a week before Nomination Day will give unfair advantage to the incumbents. The law is drafted by the PAP itself and it must be held accountable to it.

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9 Responses to “PAP may contravene Parliamentary Elections Act by displaying its flags in public before Nomination Day”

  1. F De MIW said

    What to do?
    Even go to court also no use, cos referee makan duit.
    Remember last time how the judge helped to TELEPORT 2 PAP guys into a Polling Centre?

    • Alex Lee said

      PAP is counting on everyone that thinks like you.
      Of course there would not be a change if you do not voice out.
      If we make enough noise and take enough action, a change will come.
      Vote wisely!

      • nanashee said

        Well said, Alex! Share this around, people! Let’s see if they really are above the law!

  2. Albie said

    Your servers are having lots of issues. If you want these pictures, please email instructions on how to send them to you.

    http://thinkformesingapore.blogspot.com/2011/04/why-tampines-grc-needs-to-go-to.html

    Reply:

    Can upload directly to TR FB:

    https://www.facebook.com/pages/The-Temasek-Review/190806675782#!/pages/The-Temasek-Review/190806675782

  3. Nic said

    If you actually look at the relevant statute and the provisions you just quoted, the actual function of the provisions are to empower the Minister to make regulations relating to the subject matters within the provisions. Only after the regulations have been validly enacted will the breach of the regulations be an offence.

    To give an analogy, murder is an offence by virtue of s 300 of the Penal Code. If there were no Penal Code, murder would not be considered an offence.

    Please do not let your overzealousness cloud your ability to understand the statutes. They are there for a reason.

  4. Wong said

    Eh,
    >The law stated very clearly that party banners and flags which are considered ‘election advertising’ can only be displayed during the campaign period starting from Nomination Day on 27 April to the eve of polling day on the 6 May.

    I’m curious, which section clearly states this? Because s78, 78A and 102 don’t..
    78. —(1) The Minister may make regulations to regulate the display of posters and banners in respect of an election.

    Regulations for other election advertising
    78A. — Not relevant here! Banners are not ‘other’ advertising

    Minister may make regulations
    102. The Minister may make regulations prescribing anything that is to be prescribed under the provisions of this Act and generally for the purposes of giving effect to the provisions of this Act.

    Unless you are saying that the minister has made a regulation somewhere that said that posters cannot be displayed?

  5. Livia Ang said

    <a href ="http://a2.sphotos.ak.fbcdn.net/hphotos-ak-ash4/221938_10150164541515488_631665487_6901692_6743862_n.jpg&quot;

    spotted on 24/4 at Bedok Reservoir

  6. nanashee said

    My question is this; who is this “Minister”? Either I can’t find it, or it’s not states in the statutes. Given that Parliament has now been dissolved, does that mean no one can trigger these laws? If so, I think it’s time the Alternative Parties start putting their banners everywhere too.

  7. Rex Rorty said

    You need to look at the actual regulation rather than just the statute. The actual regulation can be found here: http://www.elections.gov.sg/agc/parliamentarySubLeg3.htm

    The relevant provisions are as follow:

    Section 9: “Subject to these Regulations, no person shall during the campaign period of an election display or cause to be displayed in any public place any poster or banner relating to any candidate or group of candidates in that election unless the person is authorised to do so under a permit issued under this Part.”

    Section 10(1): “As soon as possible after nomination proceedings have closed on nomination day, the Returning Officer shall issue to every candidate or group of candidates, or to each candidate’s election agent, a permit substantially in the form set out in the Schedule authorising the display of posters and banners in any public place in the electoral division in which the candidate or (as the case may be) group of candidates seeks election.”

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