Tan Cheng Bock v AG
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[2017] SGCA 50
Instead, he adopted a purposive approach to interpreting the text of these
provisions. The Judge first determined the ordinary meaning of Art 164, then
that of Art 19B, before turning to extraneous material to see whether it could
assist in determining their meaning. In his view, the following conclusions could
be drawn from a plain reading of Art 164:
(a)
Art 164 expressly imposes a duty on Parliament to choose the
first term and implicitly gives it the power to do so (at [50] of the
Judgment).
(b)
Since on its terms Art 164 empowers Parliament to choose the
first term, it follows that Art 19B does not determine what the first term
should be. Nor does Art 164 state what the first term should be. Instead,
Parliament is empowered to choose the first term, which explicitly could
be one that commenced before the appointed date (1 April 2017) and in
respect of which there was no express limitation as to how far back
before the appointed date Parliament could go (at [51]).
(c)
Parliament’s power under Art 164 must nonetheless be exercised
in accordance with Art 19B. Both articles must be read consistently and
in the event of any inconsistency, Art 19B should prevail. That is
because, on a plain reading, the purpose of Art 164 is to implement the
reserved election model under Art 19B (at [52]).
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The question then was whether Art 19B constrains Parliament’s power
to act under Art 164. The Judge held that Art 19B does not limit Parliament’s
power in any material way. In particular, it does not restrict Parliament to
choosing only the terms of office of Presidents elected under the framework for
the Elected Presidency when specifying the first term under Art 164 (at [67]).
The Judge’s reasons were as follows:
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