Late donation reports, etc.
73.—(1) Where any donation report or declaration which is required by section 62 or 65 to be given to the competent authority is not given within the time delimited under section 63, then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction:(a)
where the donation report or declaration is required in respect of a political party or a Part 4 politically significant entity — the responsible officers of the political party or Part 4 politically significant entity in question;
(b)
where the donation report or declaration is required in respect of a candidate at an election or the candidate’s election agent — the candidate and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question;
(c)
where the donation report or declaration is required in respect of any other politically significant person who is not mentioned in paragraphs (a) and (b) — that person.
(2) If a donation report which is required by section 62 to be given to the competent authority is given to the competent authority, but the donation report does not comply with the requirements of section 62(2)(c) as regards the recording of reportable political donations in the report, then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction:(a)
where the donation report is required in respect of a political party or Part 4 politically significant entity — the responsible officers of the political party or Part 4 politically significant entity in question;
(b)
where the donation report is required in respect of a candidate at an election or the candidate’s election agent — the candidate and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question;
(c)
where the donation report is required in respect of a politically significant person not mentioned in paragraphs (a) and (b) — that politically significant person.
(3) In proceedings for an offence under subsection (1) or (2), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence to ensure that any requirements —(a)
as regards preparation or sending of a donation report or declaration; or
(b)
as regards the information to be given in any donation report or declaration,
as the case may be, have been complied with in relation to the donation report or declaration.
(4) Where the court is satisfied, on an application made by the Public Prosecutor, that any failure to comply with any such requirements in relation to any political donation received by a politically significant person was attributable to an intention on the part of any person to conceal the existence or true amount of the political donation, the court may order the forfeiture of an amount equal to the value of the political donation.
False or misleading donation reports and declarations
74.—(1) Where in any donation report or declaration which is required by section 62 or 65 to be given to the competent authority in relation to a politically significant person, there is —(a)
any information or a statement that is false or misleading in a material particular; or
(b)
an omission of any matter or thing without which the donation report or declaration is misleading in a material particular,
every person who is, under section 64, responsible for making disclosure of reportable political donations for the politically significant person commits an offence.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but
(b)
where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
(3) A person is a repeat offender in relation to an offence under subsection (1) relating to a donation report or declaration if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of —(a)
an offence under subsection (1); or
(b)
an offence under section 22(6) of the repealed Act.
(4) In proceedings for an offence under subsection (1) in relation to a donation report or a declaration relating to any such report, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that —(a)
the information or statement in the donation report or declaration (as the case may be) was not false or misleading in a material particular; or
(b)
the donation report or declaration did not contain any omission which would have made the donation report or declaration misleading in a material particular.
Evasion and intentional acceptance of impermissible donations, etc.
75.—(1) Where a person enters into, or knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a politically significant person by a donor —(a)
who is not a permissible donor; or
(b)
who is a prohibited donor in relation to the politically significant person,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Where a person —(a)
knowingly gives a politically significant person any information relating to the identity of a donor of a political donation, or the amount of any political donation, made to the politically significant person or to the person or body making such a donation, which is false in a material particular; or
(b)
with intent to deceive, withholds from a politically significant person any material information relating to the identity of the donor of a political donation, or the amount of any political donation, made to the politically significant person,
the person shall be guilty of an offence.
(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but
(b)
where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
(4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of —(a)
an offence under subsection (2); or
(b)
an offence under section 23(2) of the repealed Act.
(5) Where —(a)
a politically significant person accepts any political donation from a person (called a donor) who, at the time of its acceptance by the politically significant person —(i)
is not a permissible donor; or
(ii)
is a prohibited donor in relation to the politically significant person; and
(b)
the politically significant person knew or ought reasonably to have known that the donor —(i)
is not a permissible donor; or
(ii)
is a prohibited donor in relation to the politically significant person,
the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
