Tan Cheng Bock v AG
[2017] SGCA 50
those who have in fact been President of Singapore and not on the
method by which they came to hold that office.
(b)
Second, this textual analysis is supported by the relevant
extraneous material evidencing Parliament’s intention. The specific
intention of Parliament was to specify President Wee’s last term as the
first term, which is evident from PM Lee’s statement to this effect (this
is the statement we have referred to at [27(a)]).
(c)
Third, the Appellant’s argument that Parliament’s choice was
based on a misapprehension of law was in fact circular. The Appellant
(and for that matter the court) does not know the contents of the AG’s
advice and he has seemingly concluded that the AG’s advice must have
been wrong because it differed from the Appellant’s own interpretation
of the relevant provisions of the Constitution.
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We will examine the parties’ arguments in greater detail at the
appropriate points below.
Our decision
The purposive approach to constitutional interpretation
34
As we noted at the outset of this judgment, the question before us is one
of constitutional interpretation. Hence, it is logical to begin our analysis of the
issue before us by identifying the relevant principles of constitutional
interpretation. In this connection, we were assisted by the fact that both counsel
for the parties, Mr Chelva Retnam Rajah SC (“Mr Rajah”) for the Appellant and
the learned Deputy Attorney-General Mr Hri Kumar Nair SC (“Mr Nair”) for
the Respondent, were essentially in agreement on what these were. Nonetheless,
it is useful for us to take this opportunity to emphasise the relevant principles.
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