Wong Souk Yee v AG
[2019] SGCA 25
(B)
If the provision is ambiguous or obscure
on its face, extraneous material can be used to
ascertain the meaning of the provision.
(C)
If the ordinary meaning of the provision
(taking into account its context in the written law
and the purpose or object underlying the written
law) leads to a result that is manifestly absurd
or unreasonable, extraneous material can be
used to ascertain the meaning of the provision.
(iv)
In deciding whether to consider extraneous
material, and if so what weight to place on it, the court
should have regard to the desirability of persons being
able to rely on the ordinary meaning conveyed by the
text of the provision (taking into account its context in
the written law and the purpose or object underlying the
written law); and the need to avoid prolonging legal or
other proceedings without compensating advantage.
The court should also have regard to (A) whether the
material is clear and unequivocal; (B) whether it
discloses the mischief aimed at or the legislative
intention underlying the statutory provision; and
(C) whether it is directed to the very point of statutory
interpretation in dispute.
[emphasis added]
Whether the proper interpretation of Art 49(1) of the Constitution
mandates that a by-election must be called in MYT GRC
23
For convenience, we reproduce Art 49(1) of the Constitution again
below:
Filling of vacancies
49.—(1) Whenever the seat of a Member, not being a nonconstituency Member, has become vacant for any reason other
than a dissolution of Parliament, the vacancy shall be filled by
election in the manner provided by or under any law relating to
Parliamentary elections for the time being in force.
24
The Appellant suggests that on a true construction of Art 49(1), any
vacant seat, including one in a GRC, cannot be allowed to remain vacant but
must be filled through a by-election. According to the Appellant, the ordinary
meaning of Art 49(1) is clear, and hence does not invite recourse to extraneous
11