Wong Souk Yee v AG
[2019] SGCA 25
by DPM Goh (see Singapore Parliamentary Debates, Official Report
(12 January 1988) vol 50 at cols 334–335):
We know that the GRC, whilst it is the most appropriate
solution to our problem, is not ideal. It is still not perfect. We
do not claim that it is a perfect solution. Hence I can
understand the reservations raised by Members of Parliament
and I shall now deal with the major reservations raised by
Members.
…
There was a comment that whilst a team is selected on a multiracial slate, after the election, should the minority Member
vacate his seat for whatever reason and we are not providing for
by-election, that team would not [be] a multi-racial team.
Should we have a by-election or should we not have a byelection to fill that post? Bear in mind that GRCs are meant
to ensure a multi-racial Parliament, not a multi-racial
team in the constituency. I do not expect in practice that all
13 – should we opt for 13 in number – MPs from the minorities
would vacate the seat for one reason or other. I think it is
unlikely. We will not want to provide for by-election to
replace somebody who has vacated his office and there is
a reason for this. If you provide for compulsory by-election
to fill that vacancy, you are introducing the possibility
that one MP can hold the other two to ransom. The minority
candidate, for example, can hold the other two to ransom
because if he resigns both the other MPs would have to resign
with him. I do not think you want to allow that to happen. All
three MPs were elected by the people. If one resigns, so be
it, or even if two retire, for whatever reason. If both MPs
were to vacate office, the other one who has been duly
elected by the people … should remain. Otherwise you
introduce the possibility of an MP using his position [in] the
GRC or on the team to extract concessions from the other
Members. This is to be discouraged.
[emphasis added in bold italics]
53
Two important points can be drawn from DPM Goh’s statement. First,
in designing the legislative architecture to give effect to the GRC scheme,
Parliament intended that there would be no requirement to call a by-election if
one or even more than one Member of a GRC were to vacate his or her seat.
Instead, a by-election in a GRC would only have to be called if all the Members
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