Tan Cheng Bock v AG
[2017] SGCA 50
can be aided in this effort by a number of rules and canons of statutory
construction, all of which are grounded in logic and common sense. We mention
two rules which we will refer to in due course. One is that Parliament shuns
tautology and does not legislate in vain; the court should therefore endeavour to
give significance to every word in an enactment (see JD Ltd v Comptroller of
Income Tax [2006] 1 SLR 484 at [43]). Another relevant rule is that Parliament
is presumed not to have intended an unworkable or impracticable result, so an
interpretation that leads to such a result would not be regarded as a possible one
(see Hong Leong Bank Bhd v Soh Seow Poh [2009] 4 SLR(R) 525 at [40]).
Distinguishing between specific and general purposes
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It is the second step of the analysis – formulating the legislative purpose
of a provision – which tends to present difficulty. Casting the legislative purpose
differently or at different levels of generality may result in varying and even
conflicting interpretations. The articulation of purpose at different levels of
generality could also result in the court describing the purpose in whatever terms
would support its preferred interpretation (as was observed in Ting Choon Meng
at [60]). Thus, properly identifying the legislative purpose is of paramount
importance.
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It is important here to distinguish between the specific purpose
underlying a particular provision and the general purpose or purposes
underlying the statute as a whole or the relevant part of the statute. As noted in
Ting Choon Meng at [60], the words of s 9A of the IA are ambiguous as to which
purpose is best considered in this context. This is because it refers both to the
purpose underlying the “written law” (in s 9A(1)) and to that underlying the
“provision of the written law” (in s 9A(2)–(3)). As was observed in Ting Choon
Meng at [61], “the purpose behind a particular provision may yet be distinct
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