Tan Cheng Bock v AG
(a)
[2017] SGCA 50
Because we consider that the earliest possible election that can
be reserved is the 2017 election, it stands to reason that if Parliament
were to start the count of the “5 most recent terms” under Art 19B(1)
from before the appointed date, there would be no purpose in Parliament
specifying as the first term any term before President Wee’s last term.
We say this because that is the earliest of the five most recent terms
preceding the 2017 election. Furthermore, this is also correct as a matter
of logic. There would simply be no rational cause for Parliament to
specify a term earlier than that because it would have the same effect as
specifying President Wee’s last term as the first term. Parliament must
be presumed to have acted rationally; it would not therefore have
conferred on itself a power (in this case, the power to specify a term of
office before President Wee’s last term) which is unnecessary for
achieving a result which could equally have been reached without that
power. This is an aspect of the principle we have stated above that
Parliament does not legislate in vain. To this extent, and with respect,
we disagree with the Judge’s observation that, in specifying the first
term of office, there “is no limitation in Art 164 on how far back��
Parliament can go (Judgment at [51(c)]). In our judgment, there is an
implicit limit of five terms.
(b)
Of the five terms of office of the President preceding the 2017
election, the following may be noted:
(i)
None of the Presidents in question held the office
pursuant to an election under the present iteration of the
Constitution. This much is self-evident from the fact that
extensive amendments were made, in the 2016 Amendment, to
the relevant parts of the Constitution, including the eligibility
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