Qualifications of President
19.—(1)  No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
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(2)  A person shall be qualified to be elected as President if he —
(a)is a citizen of Singapore;
(b)is not less than 45 years of age;
(c)possesses the qualifications specified in Article 44(2)(c) and (d);
(d)is not subject to any of the disqualifications specified in Article 45;
(e)satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(f)is not a member of any political party on the date of his nomination for election; and
(g)satisfies the Presidential Elections Committee that —
(i)he has, at the date of the writ of election, met either the public sector service requirement in clause (3) or the private sector service requirement in clause (4); and
(ii)the period of service counted for the purposes of clause (3)(a), (b) or (c)(i) or (4)(a)(i) or (b)(i) or each of the 2 periods of service counted for the purposes of clause (3)(d) or (4)(c), as the case may be, falls partly or wholly within the 20 years immediately before the date of the writ of election.
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(3)  The public sector service requirement is that the person has —
(a)held office for a period of 3 or more years as Minister, Chief Justice, Speaker, Attorney‑General, Chairman of the Public Service Commission, Auditor‑General, Accountant‑General or Permanent Secretary;
(b)served for a period of 3 or more years as the chief executive of an entity specified in the Fifth Schedule;
(c)satisfied the following criteria:
(i)the person has served for a period of 3 or more years in an office in the public sector;
(ii)the Presidential Elections Committee is satisfied, having regard to the nature of the office and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who satisfies paragraph (a) or (b); and
(iii)the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or
(d)held office or served, as the case may be, for a first period of one or more years in an office mentioned in paragraph (a), (b) or (c) and a second period of one or more years in an office mentioned in paragraph (a), (b) or (c), and the 2 periods add up to 3 or more years.
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(4)  The private sector service requirement is that the person has —
(a)served as the chief executive of a company and —
(i)the person’s most recent period of service as chief executive (ignoring any period of service shorter than a year) is 3 or more years in length;
(ii)the company, on average, has at least the minimum amount in shareholders’ equity for the person’s most recent 3‑year period of service as chief executive;
(iii)the company, on average, makes profit after tax for the entire time (continuous or otherwise) that the person served as the chief executive of the company; and
(iv)if the person has ceased to be the chief executive of the company before the date of the writ of election, the company has not been subject to any insolvency event from the last day of his service as chief executive of the company until —
(A)the date falling 3 years after that day; or
(B)the date of the writ of election,
whichever is earlier, as assessed solely on the basis of events occurring on or before the date of the writ of election;
(b)satisfied the following criteria:
(i)the person has served for a period of 3 or more years in an office in a private sector organisation;
(ii)the Presidential Elections Committee is satisfied, having regard to the nature of the office, the size and complexity of the private sector organisation and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who has served as the chief executive of a typical company with at least the minimum amount of shareholders’ equity and who satisfies paragraph (a) in relation to such service; and
(iii)the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or
(c)subject to clause (5), served for a first period of one or more years in an office mentioned in paragraph (a) or (b) and a second period of one or more years in an office mentioned in paragraph (a) or (b), and the 2 periods add up to 3 or more years.
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(5)  If a person proposes to rely on clause (4)(a) for one or both periods of service under clause (4)(c), the following provisions apply:
(a)if the person proposes to rely on one period of service as the chief executive of a company —
(i)instead of clause (4)(a)(i), the period of service relied on must be the most recent period that the person served as the chief executive of the company (ignoring any period of service less than a year);
(ii)instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for that period of service; and
(iii)clause (4)(a)(iii) and (iv) applies without modification in relation to the company;
(b)if the person proposes to rely on one period of service as the chief executive of one company and one period of service as the chief executive of another company —
(i)instead of clause (4)(a)(i), the period of service relied on for each company must be the most recent period that the person served as the chief executive of that company (ignoring any period of service less than a year);
(ii)instead of clause (4)(a)(ii), each company must, on average, have at least the minimum amount in shareholders’ equity for the period of service relied on; and
(iii)clause (4)(a)(iii) and (iv) applies without modification in relation to each company;
(c)if the person proposes to rely on 2 periods of service as the chief executive of one company —
(i)instead of clause (4)(a)(i), the 2 periods of service must be the 2 most recent periods of service that the person served as the chief executive of the company (ignoring any period of service less than a year);
(ii)instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for each period of service; and
(iii)clause (4)(a)(iii) and (iv) applies without modification in relation to the company.
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(6)  The Legislature may, by law —
(a)specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii);
(b)specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of clause (4)(a)(iii); and
(c)prescribe what constitutes an insolvency event for the purposes of clause (4)(a)(iv).
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(7)  The minimum amount mentioned in clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii) is $500 million and this amount can be increased if —
(a)a committee consisting of all the members of the Presidential Elections Committee presents to Parliament a recommendation that the amount be increased; and
(b)Parliament, by resolution, decides to increase the amount by the extent recommended by the committee or by any lesser extent.
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(8)  A resolution under clause (7)(b) cannot be passed —
(a)when the office of President is vacant; or
(b)during the 6 months before the date on which the term of office of an incumbent President expires.
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(9)  The committee mentioned in clause (7)(a) —
(a)may regulate its own procedure and make rules for that purpose;
(b)may from time to time, and must at least once every 12 years (starting from the date of commencement of section 7(b) of the Constitution of the Republic of Singapore (Amendment) Act 2016), review the minimum amount of shareholders’ equity required under clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii); and
(c)must present a report of its conclusions to Parliament (even if it does not recommend an increase).
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(10)  In clauses (3), (4) and (5), unless the context otherwise requires —
“chief executive”, in relation to an entity or organisation, means the most senior executive (however named) in that entity or organisation, who is principally responsible for the management and conduct of the entity’s or organisation’s business and operations;
“company” means a company limited by shares and incorporated or registered in Singapore under the general law relating to companies;
“period” means continuous period.
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