Tan Cheng Bock v AG
[2017] SGCA 50
this respect and to make the appropriate
adjustments in future, if necessary. …
123
In these speeches, President Tan, DPM Teo and the other MPs were
speaking to the merits of the reserved election model as a concept. They were
not directing their speeches specifically to Art 164 and the discretion granted to
Parliament by that provision in designating the first term.
124
Returning to PM Lee’s speech, which was the only one touching
specifically on this point, it is clear from this that Parliament intended not to
have limitations, of the sort contended by the Appellant, on its power to specify
the first term pursuant to Art 164. PM Lee explicitly said that the Government
would later legislate pursuant to Art 164 to start the count from President Wee
and that is exactly what later transpired.
125
We deal briefly with the Appellant’s final ground of appeal, which seeks
to meet the force and weight of PM Lee’s speech in relation to the specific issue
that is before us by contending that Parliament’s decision to choose President
Wee’s term was based on the misapprehension that President Wee was an
Elected President. The Appellant submitted that whether President Wee was an
Elected President is a legal question and that the Government’s decision to
specify President Wee’s term as the first term was evidently based on the AG’s
advice. Based on what was said in PM Lee’s speech, this advice must – the
Appellant argues – have erroneously suggested that President Wee was an
Elected President.
126
To recapitulate, the Appellant’s reading of the provisions, as informed
by their legislative purpose, is that:
(a)
Art 164 is qualified by the meaning of Art 19B purposively
ascertained;
62