Tan Cheng Bock v AG
129
[2017] SGCA 50
This in turn runs into difficulty at two levels. First, PM Lee in his speech,
does not, on any reading, say President Wee’s term of office was being selected
because he had been elected by the citizens of Singapore. Read in context, PM
Lee was saying that President Wee’s term of office was chosen because he was
the first to exercise the functions of the President, not because he was popularly
elected (as we have explained at [120] above). Second, none of the other MPs
could reasonably have been of the mistaken belief that President Wee was
popularly elected. The Commission’s Report was published and released to the
public on 7 September 2016, and the White Paper which makes extensive
references to the Report was presented to Parliament on 15 September 2016.
The Report was referred to repeatedly during the Parliamentary debate in
question, and it stated quite clearly that President Wee was not a President
elected by the citizens as the transformation of the office of the President
occurred during President Wee’s last term of office (at para 7.43):
The transformation of the Presidency into an elected office
occurred during Mr Wee’s term as President but upon the
expiration of his term, Mr Wee reportedly declined the invitation
to run because he “could not reconcile himself with the need to
campaign for votes”. [footnote omitted]
130
Hence, the conclusion that the Appellant advances cannot stand because
it requires us to accept that a mistake took place when nothing in the text of the
debates or in the material before the House supports this.
131
As for the AG’s advice, we think it is, in the final analysis, irrelevant.
We put it to Mr Rajah during the course of oral argument, and he agreed, that
nothing ultimately turned on this argument or on the correctness or otherwise of
the AG’s advice. In our view, Mr Rajah’s third argument was really the first and
second arguments put in a different way. If as a matter of law the correct
interpretation of Art 19B read with Art 164 is that an election could only be
reserved if five elections by the citizens of Singapore had failed to produce a
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