Tan Cheng Bock v AG
[2017] SGCA 50
taking into account its context in the written law and
the purpose or object underlying the written law; and
(b) the need to avoid prolonging legal or other
proceedings without compensating advantage.
37
The correct approach to purposive interpretation under s 9A was
summarised following close analysis in the judgment of the minority in
Attorney-General v Ting Choon Meng and another appeal [2017] 1 SLR 373
(“Ting Choon Meng”), a recent decision of this court on which both the parties
and the Judge relied heavily. Although we refer principally to the minority
judgement, there was no disagreement on the broad steps to be taken in
purposively interpreting a legislative provision. It was noted at [59] that the
court’s task when undertaking a purposive interpretation of a legislative
provision involves three steps:
(a)
First, ascertain the possible interpretations of the provision,
having regard not just to the text of the provision but also to the context
of that provision within the written law as a whole.
(b)
Second, ascertain the legislative purpose or object of the statute.
(c)
Third, compare the possible interpretations of the text against the
purposes or objects of the statute.
These steps mirrored, and set out in greater specificity, the approach taken by
the majority in Ting Choon Meng, which also began by interpreting the text of
the legislative provision in question in the context of the statute as a whole
before considering its legislative purpose (see Ting Choon Meng at [19]).
38
The first of these steps is fairly uncontroversial. It requires a court to
ascertain the possible interpretations of the provision. A court does so by
determining the ordinary meaning of the words of the legislative provision. It
19