Tan Cheng Bock v AG
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[2017] SGCA 50
In our judgment, it remains clear, for the reasons set out at [58(a)] above
that the only election that can possibly be reserved is one that is to be held after
the appointed date; and therefore, the first reference to that expression, “office
of President” in Art 19B(1) is to that office as it exists after the appointed date.
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However, it is now also clear, in the light of Art 164 and what we have
said at [65], that the second and third references to “office of President” and
“office of the President” in Art 19B(1) cannot bear the same meaning without
rendering the whole of Art 164(1)(b) and Art 164(2) otiose and meaningless.
This is a conclusion to be avoided, since, as we have noted, Parliament should
not be taken to have legislated in vain. Nor are the three separate references to
“office of (the) President” irreconcilable. They can coexist perfectly well by
construing the second and third uses of the expression “office of President” to
mean the office as it was prior to the appointed date, under previous iterations
of the Constitution.
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However, this construction of Art 19B(1) read with Art 164 revives an
issue that we did not previously have to deal with although we alluded to it
fleetingly at [58(c)(ii)]: is the critical expression “has held the office of
President” in Art 19B(1) and the corresponding variant in Art 164(1)(b) to be
construed as excluding those who have held the office in their own right by
being elected to that office by Parliament rather than by the citizens? In the final
analysis, this was the nub of the issue between the parties.
“Terms of office” not restricted to terms of Presidents who were elected by
citizens
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Before we turn to examine this in detail, it would be helpful if we made
some observations:
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