Wong Souk Yee v AG
[2019] SGCA 25
would best accord with the underlying purpose of Art 49(1). The second is that
the Respondent’s Second Interpretation accurately reflects the reality that when
Art 49(1) was enacted in its present form in 1965, Members of SMCs were the
only type of Members that the drafters of the provision would have had in mind
since the GRC scheme had yet to come into existence. The third is that the mere
fact that an express provision in the Constitution does not exist for the filling of
vacancies in a GRC does not necessarily mean that all the seats in a GRC can
be left vacant without an obligation on the part of the Government to call a byelection in that GRC. Without expressing a definitive opinion on the matter, it
appears to us at least arguable that an implied right to representation might be
invoked to fill this lacuna in the Constitution (see Vellama at [79]). It would,
we add, obviously be more desirable for this lacuna to be addressed by an
amendment to the Constitution to expressly deal with vacancies in the seats of
GRC Members.
73
For the foregoing reasons, we are satisfied that the proper interpretation
of Art 49(1) is that the words “seat of a Member” therein refer only to the seat
of an SMC Member. In the circumstances, there is no requirement pursuant to
Art 49(1) for a by-election to be called in MYT GRC. We turn now to address
the remaining issues raised in the appeal.
Article 39A of the Constitution and minority Members of GRCs
74
The Appellant argues that since the stated purpose of the GRC scheme
is to ensure the representation in Parliament of minority Members, it would
undermine the purpose of Art 39A to give effect to either of the Respondent’s
proposed interpretations. This is because in the event that a minority Member
of a GRC vacates his or her seat, minority representation in Parliament would
be diminished and the force of Art 39A would be reduced if the vacancy is not
31