Tan Cheng Bock v AG
[2017] SGCA 50
Art 19B(1). Art 164 is not concerned with how the hiatus-triggered reserved
election model is to work, but only with how and when it is to be implemented.
105
At this point of the analysis, we are satisfied that the ordinary meaning
of Arts 19B and 164, their context in the written law, and the purpose underlying
the written law as evident from our consideration of the provisions in their
context all show that Parliament could specify any of the five most recent terms
of office as the first term under Art 164 for the purposes of Art 19B. There is
simply nothing that could reasonably lead us to a different view.
106
As we have mentioned, at this stage, the court may consider relevant
extraneous material. We think that in this case, the purpose of the provisions in
question clearly supports only one textual interpretation, and thus, a court may
only consider extraneous material to confirm but not to alter the ordinary
meaning of the provision. Consideration of extraneous material in this case may
be useful (for the reasons discussed at [49] above) but is by no means necessary
to ascertain Parliament’s intent. The question is whether the extraneous material
confirm that Parliament could specify any of the five most recent terms of office
as the first term under Art 164 for the purposes of Art 19B.
Extraneous material
107
The parties relied on the following extraneous material: (a) the
Explanatory Statement accompanying the 2016 Bill; (b) statements made in the
course of the Parliamentary debates on the 2016 Bill; (c) the Commission’s
Report; and (d) the White Paper.
108
The range of extraneous material being relied on by the parties makes it
important to analyse their relative usefulness and relevance. As we have noted
52