Wong Souk Yee v AG
[2019] SGCA 25
election in a GRC so long as not all the seats in the GRC have been vacated, for
it states:
(2A)
In respect of any group representation constituency, no
writ shall be issued under subsection (1) for an election to fill
any vacancy unless all the Members for that constituency have
vacated their seats in Parliament.
45
As to this, the Appellant contends that Parliament cannot alter the effect
and intent of Art 49(1) by enacting ordinary legislation. She submits that if
Parliament desired to prevent a by-election from being called in a GRC unless
all the Members in that GRC had vacated their seats, it was incumbent on
Parliament to have amended Art 49(1) instead to provide for this.
46
Implicit in this argument is the premise that the absence in the
Constitution of any provision to the effect of s 24(2A) of the PEA must have
been due to a legislative oversight: the Appellant accepts that Parliament
intended that a by-election would only be called in a GRC if all the Members
of the GRC had vacated their seats (as reflected in s 24(2A) of the PEA), but
contends that the court must approach this matter on the footing that Parliament
omitted to include a provision in the Constitution to achieve this intended result.
At the hearing before us, both parties in fact confirmed that their common
position was that there was indeed such a legislative oversight in the
implementation of the GRC scheme. This in itself strongly militates against a
finding that the ordinary meaning of Art 49(1) is “clear”. If the amendments
made to the Constitution in 1988 to put in place the GRC scheme were
insufficient to achieve their intended outcome, then it is all the more likely that
the relevant provisions of the Constitution, when read together, would appear
ambiguous or unclear.
18