Tan Cheng Bock v AG
[2017] SGCA 50
Preferring internal to external sources in ascertaining purpose
42
The next question concerns how the relevant purposes may be discerned.
There are two types of sources from which a court may draw to discern these
purposes. The first and obvious source is the text of the relevant legislative
provision itself and its statutory context. The second source is “any material not
forming part of the written law” as set out in s 9A(2)–(3) of the IA – this is what
has come to be referred to as “extraneous material”.
43
Consideration of extraneous material can be very helpful and such
material tends to be referred to extensively in aid of purposive interpretation.
However, we emphasise that in seeking to draw out the legislative purpose
behind a provision, primacy should be accorded to the text of the provision and
its statutory context over any extraneous material. The law enacted by
Parliament is the text which Parliament has chosen in order to embody and to
give effect to its purposes and objects. In line with this, the meaning and purpose
of a provision should, as far as possible, be derived from the statute first, based
on the provision(s) in question read in the context of the statute as a whole. This
approach also coheres with the language of s 9A(1), which suggests the
possibility of the purpose or object of a statute being “expressly stated in the
written law”.
44
There are three main textual sources from which one can derive the
purpose of a particular legislative provision. First, the long title of a statute
might give an indication of its purpose. If there is no contradiction between the
general purpose of the statute and specific purpose of the legislative provision
in question, the purpose stated in the long title may also shed light on the
purpose of the specific legislative provision in question. Second, the words of
the legislative provision in question will clearly be of critical importance. We
22