Wong Souk Yee v AG
[2019] SGCA 25
to us, on behalf of the Respondent, that we could do so by adopting what has
been referred to as a rectifying construction. We consider this further below, but
observe that questions may fairly be raised as to whether this is even an available
avenue when the statutory provision in question is not ordinary legislation but
the Constitution itself. Second, there may well be a difference in the practical
outcome of the matter, depending on which possibility is chosen. As highlighted
by the Deputy Attorney-General, interpreting Art 49(1) in a manner which is
consistent with the third possibility at [54] above would hypothetically allow a
simple majority in Parliament to denude a constitutional provision (in this case,
Art 49(1)) of its effect. As an illustration, this could result if Parliament were to
amend s 24(2A) of the PEA to state that “No writ shall be issued for an election
to fill a vacancy in the seat of a Member”. This seems implausible since it would
enable Parliament to act contrary to the limits imposed by the Constitution
without first amending it. Having regard to the principle of constitutional
supremacy that is enshrined in Art 4, we do not think it would be permissible to
construe Art 49(1) as if it allowed Parliament, in effect, to act contrary to the
limitations on Parliament that are contained in and imposed by the Constitution.
57
With these preliminary observations, we turn to address the proper
meaning that should be placed on Art 49(1) in the light of the extraneous
material.
The proper interpretation of Art 49(1) in the light of the extraneous material
58
To recapitulate, there are three possible interpretations of Art 49(1) in
the context of a vacancy arising in a single seat in a GRC (see [47] above):
(a)
the vacancy, as and when it arises, shall be filled by a by-election
for all the seats in the GRC (“the Appellant’s Interpretation”);
24