Tagged: NCMPs

NCMPs as Punggol East By-election Candidates

Gerald Giam photographed in April 2011

Workers’ Party NCMP Gerald Giam in April 2011. Will the opposition parties field one of their NCMPs as a candidate in the forthcoming by-election? (Photograph by NewNation.sg. [CC-BY-2.0], via the Wikimedia Commons.)

Dr Jack Tsen-Ta Lee
Assistant Professor of Law
School of Law, SMU

I’M INTRIGUED that the media has been reporting that the Workers’ Party may field one of their existing Non-constituency Members of Parliament (NCMPs) as a candidate in the forthcoming by-election in Punggol East Single Member Constituency.[1]

This possibility, which I have previously blogged about, arises because of the way Articles 46(2A) and 46(2B) of the Constitution[2] are drafted. These provisions state:

46(2A) A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.

(2B) A nominated Member of Parliament shall vacate his seat as such a Member —

(a) if he stands as a candidate for any political party in an election; or

(b) if, not being a candidate referred to in paragraph (a), he is elected as a Member of Parliament for any constituency.

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Low Thia Khiang as a Candidate for By-election in Hougang?

Low Thia Khiang at a Workers' Party general election rally, Bedok Stadium, Singapore

Workers’ Party Secretary-General and Aljunied GRC MP Low Thia Khiang at an election rally in Bedok Stadium, 30 April 2011. (Photograph by NewNation.sg [CC-BY-2.0], via the Wikimedia Commons.)

Jack Tsen-Ta Lee
Assistant Professor of Law
School of Law, SMU

IT HAS BEEN ANNOUNCED that nomination day for the by-election in Hougang Single Member Constituency will be on 16 May 2012, and if there is a contested election, polling day will be on 26 May. This ten-day period is the shortest permitted by the Parliamentary Elections Act (‘PEA’),[1] and means a nine-day campaigning period (no campaigning may take place on ‘cooling-off day’, the eve of polling day).

The Workers’ Party has confirmed it will be seeking to hold on to this constituency that it won in the 2011 general election. Since the National Solidarity Party, Singapore Democratic Party and Singapore People’s Party have said they do not intend to take part, attention turns to the identity of the candidate that the WP will field against the People’s Action Party‘s candidate. Continue reading

A Legal Backgrounder on By-elections

Yaw Shin Leong, 5 May 2011

Yaw Shin Leong at a Workers’ Party rally for the 2011 general election, 5 May 2011. (By Huaiwei. CC-BY-SA-3.0 (www.creativecommons.org/licenses/by-sa/3.0) or GFDL (www.gnu.org/copyleft/fdl.html), via Wikimedia Commons.)

Jack Tsen-Ta Lee
Assistant Professor of Law
School of Law, SMU

THE EXPULSION of Yaw Shin Leong, the Member of Parliament (MP) for Hougang Single Member Constituency (SMC), from the Workers’ Party has once again thrust the issue of the Government’s policy on by-elections into the limelight. This was last discussed in Parliament in August 2008 following the death of Dr Ong Chit Chung, MP for Jurong Group Representation Constituency (GRC).

Article 46 of the Constitution provides that when MPs are ousted from the political parties they stood for in an election, their seats are vacated. Parliament has final say on the matter. On 22 February, Mr Michael Palmer, the Speaker of Parliament, announced that since Mr Yaw had indicated he does not wish to challenge his expulsion, his seat became vacant on 14 February.

During the Parliamentary debate four years ago, Prime Minister Lee Hsien Loong said that the constitutional provision – often known as the “anti-hopping” clause – ensured a stable government. He recalled the tumultuous years in the Legislative Assembly – the predecessor to Singapore’s post-independence Parliament. In 1961, 13 People’s Action Party MPs were able to leave their party and cross the floor, decimating the Government’s majority. Continue reading