Tan Cheng Bock v AG
[2017] SGCA 50
defined by reference to the position under the Constitution as it stands
today (at [66]).
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The Judge then considered the relevant extraneous material (meaning
admissible material other than the text of the 2016 Amendment which might
shed light on the legislative purpose), and concluded that this confirmed the
ordinary meaning of Arts 19B and 164. There was nothing to suggest any fetter
on Parliament’s power to specify President Wee’s second and last term of office
as the first term (at [99]).
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In the Judge’s view, there were three legislative purposes behind
Arts 19B and 164, each more abstract and general than the one preceding it (at
[85]). Parliament intended:
(a)
To be able to specify President Wee’s last term of office as the
first term;
(b)
To ensure that the present system of choosing the President
through popular elections produces Presidents from the minority
communities from time to time; and
(c)
To uphold multi-racialism by ensuring minority representation
in the Presidency.
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As to these, the Judge’s views were as follows:
(a)
The first purpose was Parliament’s specific intention and he had
to interpret Art 19B in light of that intention. PM Lee had said in
Parliament during the second reading of the 2016 Bill that the
Government would specify President Wee’s last term of office as the
first term thus making the 2017 election a reserved election for
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