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READ TO ME by Jeannette Chong-Aruldoss
Guaranteeing secrecy of your vote is crucial totally free and honest elections.
In the direction of this finish, for common and presidential elections, Singapore’s Elections Division (ELD) requires all authorised personnel to make an Oath of Secrecy earlier than they’re permitted to enter a polling or counting station to hold out their roles.
In case you had taken half within the final common election as a polling or counting agent for a candidate, you’d have needed to seem earlier than a Commissioner for Oaths to signal your signature on a printed kind captioned “Type of Oath of Secrecy (Kind 18)” containing the sentence:
“I, the abovenamed individual, swear that I can’t at this election within the abovementioned Electoral Division do something forbidden by part 56 of the Parliamentary Elections Act which has been learn to me.”
With the next footnote:
“Part 56 of the Parliamentary Elections Act (printed overleaf) have to be learn to the individual taking the Oath. No stamp charge is required.”
In case you discover, Kind 18 has a really odd stipulation that Part 56 of the Parliamentary Elections Act have to be learn to the individual taking the Oath, earlier than the individual swears and indicators Kind 18. This directive is not only odd, but in addition onerous, as a result of Part 56 is 500 phrases lengthy. I don’t need to lengthen this essay by 500 phrases, so let me present an image of Part 56 as an alternative.
Think about the tedium of studying out Part 56 and the tedium of listening to a recitation of it. I can learn Part 56 myself, however I’m legally obliged to let somebody learn it to me.
The final three common elections had been extra hotly contested than earlier than. Basic Election 2011 noticed the best variety of seats contested since post-independence, with 82 of 87 seats (or 94.3%) contested. Within the Basic Elections of 2015 and 2020, all seats had been contested. Walkovers at the moment are a factor of the previous.
At every of the final three common elections, huge numbers of officers and brokers needed to be recruited by ELD and candidates to serve at polling and counting stations. All these personnel would have needed to produce a signed Kind 18 with the intention to achieve admission into polling or counting stations to hold out their roles.
I used to be a candidate within the Basic Elections of 2011 and 2015. Every time, I needed to recruit about 50 volunteers to function my polling and counting brokers on the Single Member Constituency the place I contested. All 50 polling and counting brokers together with myself as a candidate, needed to make the Kind 18 oath.
I didn’t contest at Basic Election 2020 however was among the many many Commissioners for Oaths who administered Kind 18 for candidates, polling brokers and counting brokers. Basic Election 2020 had 1,097 polling stations. There are plans to extend the variety of polling stations within the subsequent common election. [Ref: Written reply PQ2503 of Notice Paper No. 1586 of 2022]
On the common elections that I’ve been concerned in, it was every time an unlimited logistical effort to rearrange for the Oath of Secrecy to be taken by these required to make it. That Part 56 have to be learn to the declarant, was an added load on the trouble.
As soon as upon a time, I learn bedtime tales to my youngsters. That was after they had been too younger to learn for themselves.
Nowadays, certainly declarants can learn Part 56 for themselves. If they aren’t clear on what Part 56 means, they need to train private duty to hunt clarification, earlier than making the Oath.
If the declarant is illiterate or can not perceive English, then studying out Part 56 to such a declarant is pointless.
It has all the time bugged me why Part 56 have to be learn out to the declarant. Just lately, I made a decision to dig out the origins of the Oath of Secrecy. My journey again in time bore fascinating fruit.
The primary time Singapore held a common election was on 20 March 1948.
At the moment, Singapore was a British Colony. The British Colonial Authorities determined to carry the 1948 common election to let the folks of Singapore elect 6 out of the 22 seats within the Legislative Council, with officers and appointed members holding the opposite 16 seats.
In preparation for Singapore’s first-ever election, the British Colonial Authorities enacted the Singapore Legislative Council Ordinance in 1947 and arrange the Elections Workplace beneath the Colonial Secretary’s Workplace.
It was publicly declared that the Elections Workplace was “non-partisan and utterly colourless and was solely involved with making certain that each eligible voter had an equal probability to vote. It was utterly with out get together affiliations of any sort and the poll can be secret, as in any democratic nation.” (The Straits Occasions, 14 Oct 1947)
The 1947 Ordinance morphed into the Singapore Parliamentary Elections Act, 1954. The Elections Workplace beneath the Colonial Secretary’s Workplace is now the ELD beneath the Prime Minister’s Workplace.
Ploughing by means of the traditional 1947 Ordinance, I used to be jubilant to seek out the mom of Part 56 and Kind 18 inside its yellow leaves.
Entombed within the 1947 Ordinance was the edit that each one officers, brokers and different authorised personnel needed to make an Oath of Secrecy earlier than they might attend at a polling station or on the counting of votes.
The Oath of Secrecy prescribed by the 1947 Ordinance was as follows:
“I swear that I can’t at this election for the ____________________ electoral district do something forbidden by part 51 of the Singapore Legislative Council Elections Ordinance, 1947, which has been learn to me.”
The shape had the next footnote:
“The part have to be learn to the declarant by the individual taking the declaration.”
Ah ha – that’s the place the phrases “which has been learn to me” and “have to be learn to…” got here from!
The Singapore Parliamentary Elections Act, 1954 has endured quite a few amendments. However its Kind 18 stays considerably the identical because the Type of Oath of Secrecy incepted by the 1947 Ordinance.
The phrases “which has been learn to me” within the Kind 18 Oath assertion and the phrases “have to be learn to…” in its footnote, have been carried ahead in successive iterations of Kind 18 since 1947 to the current day, with out questioning if the requirement and the wording proceed to be appropriate in at this time’s context.
Maybe the creator of yore supposed the phrases “have to be learn to the declarant” to be taken actually. Extra importantly, these phrases conveyed the message that the declarant should perceive the do’s and don’ts as prescribed by the related part earlier than he makes the Oath of Secrecy.
No matter might need been the great cause for requiring the entire part to be learn out to the declarant again in 1947, such a requirement is not significant in at this time’s context.
The requirement that Part 56 have to be learn to the declarant, is an anachronism.
Feeling courageous after having carried out the analysis, I made a decision to write down to ELD to suggest that Kind 18 for common elections in addition to its counterpart, Kind P13 for presidential elections, be up to date.
I wrote up an extended letter to ELD. I defined the way it was onerous and never significant to learn out 500 phrases of authorized prose to every declarant. As an alternative, the shape ought to have the declarant declare that he/she has learn and understood the related Part. This places the onus on the declarant to hunt a correct understanding of the related Part, earlier than making the Oath of Secrecy.
I proposed that for each Kind 18 and Kind P13, the phrases “which has been learn to me” within the Oath assertion be modified to “which I’ve learn and understood”; and that the footnote be eliminated for each Kinds.
If adopted, the revised Oath assertion for Kind 18 can be:
“I, the abovenamed individual, swear that I can’t at this election within the abovementioned Electoral Division do something forbidden by part 56 of the Parliamentary Elections Act 1954, which I’ve learn and understood.”
And the revised Oath assertion for Kind P13 can be:
“I, the abovenamed individual, swear that I can’t at this election do something forbidden by part 36 of the Presidential Elections Act, which I’ve learn and understood.”
Not having to learn 500 phrases of authorized prose out to every declarant will assist alleviate the huge effort required to hold out the oath-taking course of throughout a common or presidential election.
I despatched my prolonged letter to ELD on 21 Feb 2023 at 12:59 pm.
You gained’t consider it – ELD replied to me the exact same day at 5:14 pm:
21 February 2023 5:14 pm
Expensive Mrs Chong-Aruldoss
Thanks on your suggestions submitted on 21 Feb 2023.
We are going to take your suggestion into consideration once we subsequent overview the kinds. Regards
The velocity at which ELD replied to me, was fairly spectacular.
I hope ELD would take up my steered modifications to Kinds 18 and P13 earlier than the following common or presidential election.
The following common election have to be held by 23 Nov 2025, so maybe the following common election just isn’t imminent.
Nevertheless, the following presidential election is because of be held no later than 13 Sept 2023. If contested, the large train of getting Kind P13 signed for everybody required to do it will likely be repeated.
Presidential Election 2011 was contested by an unprecedented 4 candidates. There have been an enormous variety of officers and brokers looking for to signal Kind P13 at Presidential Election 2011.
Presidential Election 2017 was uncontested. With no polls, Kind P13 was unused.
If Presidential Election 2023 is once more uncontested, then as earlier than, there can be no polls and Kind P13 would stay unused. On this case, my misgivings about Kind P13 would haven’t any sensible relevance.
— Jeannette Chong-Aruldoss, Singaporean lawyer and politician
Ship in your scoops to information@theindependent.sg
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