Presidential elections in Singapore
In particular, the PEC must assess that they are persons of integrity, good character and reputation; and if they have not previously held certain key government appointments or were the chief executives of profitable companies with shareholders' equity of an average of S$500 million for the most recent three years in that office, they must demonstrate to the PEC that they held a position of comparable seniority and responsibility in the public or private sector that has given them experience and ability in administering and managing financial affairs.
A number of acts are unlawful, including bribery, dissuading electors from voting, making false statements about candidates, treating and undue influence.
The scheme conferred additional powers on the President that enabled them to act as a safeguard or "second key" over Singapore's rich financial reserves built up by the Government.
The qualifications required for a person to be elected as President are set out in the Constitution of the Republic of Singapore and are as follows: The public and private sector requirements were adopted by Parliament on the recommendation of a Constitutional Commission chaired by Chief Justice Sundaresh Menon, which had been convened by Prime Minister Lee Hsien Loong to recommend improvements to the Elected President scheme.
During its inception, the elected president's qualification criteria required a private sector candidate to have had the experience running large, complex companies with a paid-up capital of S$100 million as a chairperson or chief executive.
All three individuals, Ong, Chua and Nathan had qualified for the PE on the public sector track based on their former appointments as Minister, Accountant-General and Permanent Secretary respectively.
Tharman Shanmugaratnam gained the presidency after contesting the election against two nominated candidates (Ng Kok Song and Tan Kin Lian).
Tharman and Ng had qualified for the PE on the public sector track, based on their former appointments, respectively, as Minister, and deliberatively as CEO of a fifth Schedule Entity.
[44] One of them, George Goh Ching Wah was rejected because he had combined five smaller companies (Ossia, Pertama, ITG International, Crown Essentials, Vernal Ventures)[45] in lieu of an unitary "very large" organisation for consideration of having met the SE and profitability criteria.
[46] Ng and Tan had both expressed that they had stepped up as candidates to offer an alternative choice to the electorate as they were concerned that Goh, would be disqualified by the PEC due to the stringent requirements.
[47][48] The strict requirements have been justified on the basis that the President should be a person of integrity and moral standing, with the ability to monitor the financial affairs of the state and the management of the public service sector.
[49] Prime Minister Lee Hsien Loong has argued that this stringent screening process is necessary as the President does not stand as a political party nominee.
In 2005, the Prime Minister's press secretary estimated that only 700 to 800 people potentially satisfied the criteria concerning the S$100 million paid-up capital for private sector candidates.
[54] This is not withstanding that apart from the government linked companies, global MNCs are likely to bring in expatriate talents as the chief executive to oversee the subsidiary units headquartered in Singapore.
[57] However, the press secretary wrote that the dignity of the office of the President and Singapore's reputation would be diminished by elections in which "manifestly unfit candidates participate, just for the sake of having one".
The first presidential election in Singapore in 1993 pitted Ong Teng Cheong, a former PAP Member of Parliament who had been Deputy Prime Minister and Chairman of the National Trades Union Congress (NTUC), against the former Accountant-General, Chua Kim Yeow.
The Commission also considers that it would not be feasible, in any case, to prevent endorsements by politicians speaking in their public, as opposed to personal, capacities, as it would be very difficult to distinguish between the two in practice.
[82] The Menon Constitution Commission recommended that a reserved election procedure be introduced as "[i]t enables the representation of all racial groups in the Presidency in a meaningful way while being minimally prescriptive.
[106] In particular, a candidate wishing to qualify through the deliberative route must satisfy the PEA of the necessary experience and ability to effectively carry out the President's functions and duties.
He had been a grassroots leader in Pasir Ris and a PAP member, as well as chief financial officer (CFO) of the Jurong Town Corporation (JTC) and the Hyflux joint venture.
[117] Another former employer, Inderjit Singh, a PAP Member of Parliament and founder of United Test & Assembly Centre, said Kuan's performance as a consultant had been unsatisfactory.
[58] It has been argued that since the PEC's decision not to issue a COE may cast aspersions on an applicant's character, the lack of a procedure for the candidate to respond to negative findings in a public setting is contrary to the principles of natural justice.
[123] While Khan did not reveal the grounds on which his COE application was turned down,[123] Salleh Marican disclosed the letter sent to him by the PEC which stated that the Committee had been unable to satisfy itself that he had experience and ability comparable to the chief executive of a typical company with at least $500 million in shareholders' equity.
[128] The period for submission of community declarations begins three months before the term of the incumbent President expires, and ends five days after the date of the writ of election.
[142] If this paperwork is in order, the Registrar will issue a political donation certificate not later than the eve of nomination day stating that the candidate has complied with the provisions of the Act.
[162] It is also an illegal practice for a person to borrow or lend, hire or rent out, or use any motor vehicle to convey voters other than himself and his family members to or from the poll.
[163] Committing an illegal practice is a criminal offence, the penalty for which is a fine of up to $2,000 and disqualification for three years from being a voter or a candidate for Parliament or the office of president.
Prime Minister Lee justified the changes as enabling voters to think dispassionately about the candidates' stands on issues raised and reducing the chance of public disorder.
[224] Similarly, the judge may make an order allowing an authorized excuse for a failure to file a proper return or declaration relating to election expenses if the candidate or his or her principal election agent shows that he or she acted in good faith and that there is a reasonable explanation for the shortcoming such as inadvertence or illness, or the absence, death, illness or misconduct of some other agent, clerk or officer.
[225] In particular, the judge may relieve a candidate from the consequences of an act or omission by his or her principal election agent if he or she did not sanction or connive in it and took all reasonable means to prevent it.
