Seksyen 3
Notwithstanding anything contained in any written law— writs,
of Ordinan No. 32 (Kuasa-Kuasa Perlu) Darurat 1970
(a)
save as provided in paragraph (b), all writs, notices Joidexceot and other documents issued or made in ‘relation in certain to the elections to the Dewan Ra‘ayat and Legis-pontine days lative Assembly in respect of Sarawak and the and retaking of polls in elections to the Dewan Ra‘ayat in respect of Certain
Sabah andthe-censtitvencyof Malacca-—Selatan cases.
A/P? U@)204/70 — -
2
“(1) Subsection (1) of section 7 of the
Emergency (Essential Powers) Ordinance No. 1,
1969 is hereby repealed in so far as it applies to Sabah and Sarawak; and the following pro-visions shall have effect.”; PUCA) 204/70 -
wee .
P.U. (A) 143. 814
shall continue to remain valid and to have force and effect subject to the following provisions of this Ordinance;
(b)
in respect of the elections recommenced by virtue of this Ordinance, the poll shall be taken on such day or days as may be determined by the Election
Commission;
(c)
in any constituency where the poll had commenced but not completed immediately before the coming into force of section 7 of the Emergency (Essen-tial Powers) Ordinance No. 1, 1969, the poll shall be retaken and all documents referred to in regulation 24 (1) of the Elections (Conduct of
Elections) (Sabah and Sarawak) Regulations, 1968
and regulation 11 of the Elections (Postal Voting)
(Sabah and Sarawak) Regulations, 1968 and all the contents of the sealed boxes referred to in regulation 24 (2) of the Elections (Conduct of
Elections) (Sabah and Sarawak) Regulations, 1968
and regulation 13 of the Elections (Postal Voting)
(Sabah and Sarawak) Regulations, 1968 in respect thereof shall be destroyed;
(d)
if at any time after the elections are recommenced under this Ordinance, it is shown to the satis-faction of the Election Commission that in any constituency or any polling station, owing to any cause whatsoever, the poll cannot be taken or has not been taken or has been taken but cannot be completed on the date or dates determined under paragraph (b), the Election Commission shall, by notice published in the constituency or local area for which the polling station is designated as the case may be, suspend the poll and appoint fresh date or dates for the poll to be taken or to be completed in such manner as may be directed by the Election Commission.
Deathor 4, (1) In the case where before the poll has commenced by disqualifica-virtue of this Ordinance in any constituency and one of the tandidates. candidates nominated dies or becomes disqualified for being a member of the Dewan Ra‘ayat or the Legislative Assembly of a State as the case may be, the Election Commission shall, upon being satisfied with such fact, countermand the notice of the poll and shall appoint by notice published in the Gazette and in such newspapers as it thinks fit a fresh date or dates for the election.
(2)
In every such case all proceedings with reference to the election shall be commenced afresh under the relevant provisions of the law relating to elections provided that no
815
P.U. (A) 143.
be necessary in the case of a qualified fresh nomination shall he time of the counter-candidate who stood nominated at t mand of the poll.
in sub-section (2) soliciting for behalf of any candidate or any political party or the political or other opinion entertained or supposed to be entertained by such candidate or such the use or display of any slogan for any political party or candidate or any political party shall be prohibited.
(2)
Notwithstanding sub-section (1)—
(a)
symbols or pictures of the candidates or symbols of political parties participating in the election together with the words “Vote For” may be used or displayed in accordance with the provisions of any law relating to election offences;
stituency where all proceedings with o the election are commenced afresh under section 4 (2) and where a new candidate or candidates have been nominated, each of the candidates in such constituency may subject to sub-section (3) issue and distribute a manifesto containing the picture of the candidate and his symbol or the symbol of a political party setting out the aims and objectives of the candidate or party:
Provided that such manifesto shall not contain matters which are likely to lead to the breach of the peace or public order or likely to promote feelings of ill-will and hostility between the different races or classes of the population :
Provided further that the distribution of such manifesto shall be limited to one issue only, and shall be confined within the limits of such constituency.
(3)
The Minister charged with the responsibility for Home
Affairs may in any particular case prohibit the distribution of any manifesto in the interest of public security.
(4)
Any person who contravenes sub-section (1) and any person who distributes or causes to be distributed any mani-festo which has been prohibited under sub-section (3) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding seven years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.
5, (1) Except as provided votes or support for or on
(b)
in any con reference t
Restrictions on election campaign.
P.U. (A) 143. 816
(5)
For the purpose of this section, “soliciting for votes i or support” includes—
(a)
convening or organising or assisting in convening or organising any public meeting, procession or demonstration with a view to or for the purpose of gaining votes or support;
(b)
interviewing members of the public for the purpose of the election except as provided for in section 26A
Act 5. of the Election Offences Act, 1954;
(c)
writing, printing, distributing or displaying or causing to be written, printed, distributed or displayed any appeal in favour of or against any candidate or political party except as provided in sub-section (2);
(d)
damaging, altering or removing any posters, papers or banners which had been displayed under sub-section (2) (a);
(e)
using any musical instrument or loud speaker in or upon any premises, vessels, animals, motor cars, trucks or other vehicles as or for the purpose of political propaganda;
(f)
making statements of a political nature to the press;
(g)
incurring any expenditure for any of the matters specified above.
Operation 6. (1) Subject to this Ordinance, all laws relating to elections in forcefshall apply to anything done or omitted to be done relating to elections. in respect of elections in Sabah and Sarawak aad—the—
Lin Sabah and sonstituencyof Malacca-Selatan recommenced by virtue of
Qarawale this Ordinance.
2.04/70 » (2) This Ordinance shall cease to have effect as soan as
</PulA) 284/70 the elections recommenced by virtue of this Ordinance shall have been completed save in respect of anything done or omitted to be done under this Ordinance or under any other law relating to elections.
Promulgated at Istana Negara, Kuala Lumpur, on 10th day of May, 1970. ‘ .
[MGN (PA) R. 21.11/Jid. 4.]
TUANKU ISMAIL NASIRUDDIN SHAH,
Yang di-Pertuan Agong
DI-CHETAK DI-JABATAN CHETAK KERAJAAN, KUALA LUMPUR, OLEH MOHAMED BIN ABDULLAH, AMLN.,
PEMANGKU PENCHETAK KERAJAAN
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