Wong Souk Yee v AG
(d)
[2019] SGCA 25
whether the Judge erred in ordering costs against the Appellant.
The applicable legal principles
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Many of the issues in this appeal involve questions of constitutional
interpretation. In this regard, the parties are in agreement that the principles
which we laid down in Tan Cheng Bock v Attorney-General [2017] 2 SLR 850
(“Tan Cheng Bock”) govern. There, we summarised the principles as follows
(at [54]):
(a)
The purposive approach to statutory interpretation,
which is mandated by s 9A of the [Interpretation Act (Cap 1,
2002 Rev Ed)], applies to the interpretation of provisions in the
Constitution by virtue of Art 2(9) of the Constitution.
(b)
The court must start by ascertaining the possible
interpretations of the provision of the Constitution, having
regard not just to its text but also to its context within the
Constitution as a whole.
(c)
The court must then ascertain the legislative purpose or
object of the specific provision and the part of the Constitution
in which the provision is situated. The court then compares the
possible interpretations of the provision against the purpose of
the relevant part of the Constitution. The interpretation which
furthers the purpose of the written text should be preferred to
the interpretation which does not.
...
(ii)
The purpose should ordinarily be gleaned from
the text itself. The court must first determine the
ordinary meaning of the provision in its context, which
might give sufficient indication of the objects and
purposes of the written law, before evaluating whether
consideration of extraneous material is necessary.
(iii)
Consideration of extraneous material may only
be had in three situations:
(A)
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) is clear, extraneous material can
only be used to confirm the ordinary meaning
but not to alter it.
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