Pritam Singh's charges and the potential consequences

Could Singh be disqualified as an MP? 

In 2019 and ahead of a general election, the opposition Singapore Democratic Party's John Tan - who was not an MP - was fined S$5,000 for contempt of court. 

At the time, under the Constitution, anyone fined at least S$2,000 or jailed a year or more for an offence would have been disqualified from running for election as an MP; while a sitting MP would have lost their seat.

The threshold has since been raised to S$10,000. 

Singh's fate depends on the reading of the Constitution, experts said.

As mentioned earlier, the maximum fine for each of his two charges is S$7,000. If both charges are taken together to be an offence, then the cumulative fine of S$14,000 could disqualify him as an MP and from standing in the next election. The disqualification lasts five years. 

But law don Eugene Tan was of the view that each charge should be taken as a single offence.

He referred to the Attorney-General’s Chambers' statement on Tuesday that it would be seeking a fine for each of Singh's charges, if convicted.

"Unless there are very compelling reasons, the courts will likely go along with what the prosecution seeks as appropriate," added the former Nominated MP, who teaches constitutional law at the Singapore Management University. 

And according to the associate professor, "there is no basis to read the Constitution as indicating that you can add the different fines together".

"Mr Pritam Singh will not lose his parliamentary seat ....  I think there is no real risk," he said. "And likewise ... he would be eligible to contest in the next parliamentary election."

SUSS' Mr Cheong concurred, but also said the Constitution was not "absolutely clear" on this. 

"To me if the court eventually fines him S$14,000, I think it could be open to challenge that this would have exceeded the S$10,000 threshold," said Mr Cheong. 

"If the court fines an individual S$14,000, it is problematic because when one asks what sentence the person eventually received, it would be the (total) sentence."

In the 1970s, former MP Wee Toon Boon faced five charges for corruption and was eventually sentenced to six months' jail for each of four charges.

Then-Leader of the House E.W. Barker had pointed out in parliament that under the law at the time, an MP would be disqualified for being jailed at least a year or fined at least S$2,000.

"Mr Wee would not, by virtue of his convictions and sentences, be disqualified from remaining as a Member of Parliament," said Mr Barker in a 1976 ministerial statement.

"Mr Wee accordingly remains a Member of this House."