Tan Cheng Bock v AG
[2017] SGCA 50
of a decision, it is useful for demonstrating the soundness – as a matter of policy
– of that outcome. This is an important function given that the law is not only
meant to be applied but is also, ideally, meant to be understood and appreciated
by the people who are governed by it. In that sense, the availability of s 9A(2)(a)
advances the rule of law by assuring the governed that the court is applying the
law in keeping with the policy imperatives for which it was enacted. There is
thus utility in having a provision of the IA which legitimises the outcome of the
court’s inquiry in such situations.
50
It also bears mentioning that extraneous material cannot be used “to give
the statute a sense which is contrary to its express text” (Seow Wei Sin v Public
Prosecutor [2011] 1 SLR 1199 at [21]) save perhaps in the very limited
circumstances identified in s 9A(2)(b)(ii) of the IA (see [47(c)] above). This
echoes the broader principle that the proper function of the judge when applying
s 9A of the IA is to interpret a given statutory provision. Although purposive
interpretation is an important and powerful tool, it is not an excuse for rewriting
a statute (see [43] above). The authority to alter the text of a statute lies with
Parliament, and judicial interpretation is generally confined to giving the text a
meaning that its language can bear. Hence, purposive interpretation must be
done with a view toward determining a provision’s or statute’s purpose and
object “as reflected by and in harmony with the express wording of the
legislation”: Public Prosecutor v Low Kok Heng [2007] 4 SLR(R) 183 at [50].
51
In our judgment, consideration of extraneous material should be
tempered by these conditions set out in s 9A of the IA. Further, only material
that is capable of assisting in ascertaining the meaning of the provision(s) by
shedding light on the purpose of statute as a whole, or where applicable, on the
purpose of particular provision(s) in question, should be referred to (Ting Choon
Meng at [63]).
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