Tan Cheng Bock v AG
47
[2017] SGCA 50
In Ting Choon Meng, the three situations under which the court may
consider extraneous material as set out under s 9A(2) were outlined as follows
(at [65]):
(a)
Under s 9A(2)(a), to confirm that the ordinary meaning deduced
is the correct and intended meaning having regard to any extraneous
material that further elucidates the purpose or object of the written law;
(b)
Under s 9A(2)(b)(i), to ascertain the meaning of the text in
question when the provision on its face is ambiguous or obscure; and
(c)
Under s 9A(2)(b)(ii), to ascertain the meaning of the text in
question where having deduced the ordinary meaning of the text as
aforesaid, and considering the underlying object and purpose of the
written law, such ordinary meaning is manifestly absurd or
unreasonable.
48
It may be asked, if extraneous material is being considered under s
9A(2)(a), whether there is a real point to considering such material. If the
extraneous material does not confirm the ordinary meaning – or even calls that
ordinary meaning into question – the court is not permitted to use that
extraneous material as a basis for departing from the ordinary meaning, as that
is only permissible when reference is made under s 9A(2)(b). If instead the
extraneous material does confirm the ordinary meaning, that too would not alter
the result: the court would have had to apply the ordinary meaning in any event
since s 9A(2)(b) was not invoked. It may seem from this that there is no point
in referring to the extraneous material either way.
49
In our judgment, the explanation for this is a practical one: even though
extraneous material referred to under s 9A(2)(a) alone cannot alter the outcome
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