Candidates must declare interests

All persons being nominated as election candidates must declare their interests, and those of their spouse and child, on the date they accept the nomination.

The requirements for declaring interests are provided under section 4 of the Register of Interests Law 1996.

Forms should be submitted to the Registrar at the Legislative Department in the Legislative Assembly building, Fort Street, George Town.

The register of members’ interests provides information of any pecuniary interest or other material benefit which a member receives which might reasonably be thought by others to influence his or her actions, speeches or votes in the Legislative Assembly or actions taken in his or her capacity as a member.

The Register of Interests Law 1996 together with the requisite declaration form is available at the Legislative Department and on the official website of the Legislative Assembly

Section 2 of the Law provides that ‘declarant’ means the holder of an office or an occupation specified in Schedule 1 who is required to make a declaration of interests.

Section 4 reads:

4. (1) A declaration of interests under this section –

(a) shall be made in respect of interests held on the date on which the duty to make the declaration arose; and

(b) shall, where required by the registration form, include a declaration in respect of the interests held on that date by a child or spouse of the declarant.

(2) A declarant, other than the holder of an occupation specified in paragraph 9 of Schedule 1, shall make a declaration of interests in the form set out in Schedule 2 to this Law –

(a) on the date on which he assumes the functions of his office; and

(b) on each subsequent anniversary of that date.

(3) A declarant who is the holder of an occupation specified in paragraph 9 of Schedule 1 shall make a declaration of interests in the form set out in Schedule 3.

(4) (a) A declarant holding the office specified in paragraph 7 of Schedule 1 shall not be required to make a subsequent declaration if he is not elected to be a member of the Legislative Assembly.

(b) Where a person has made a declaration on the date of his acceptance of a nomination as an election candidate, he shall not be required, if elected, to make a further declaration on the date that he makes an oath of allegiance in accordance with section 44 of the Constitution.

(5) Where a declarant other than a declarant referred to in subsection 4(a) has made a declaration of interest and he subsequently acquired a beneficial interest in property additional to that referred to in his previous declaration or declarations he shall within 28 days of the acquisition make a further declaration of interests in respect of his interest in that additional property.

(6) If any person, being a declarant other than a member, makes a declaration containing particulars which he knows, or ought to know, are false, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

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