Tan Cheng Bock v AG
[2017] SGCA 50
from the general purpose underlying the statute as a whole”, and it may therefore
be necessary to separately consider the specific purpose of a particular provision
when the court endeavours to ascertain the legislative intent. This is only logical
given that different provisions may target different specific mischiefs.
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The distinction between the specific purpose of a provision and the
general purpose of a statute is a significant one. The same point was made by
the Federal Court of Australia in Evans v Minister for Immigration and
Multicultural and Indigenous Affairs [2003] FCAFC 276 when it observed at
[16] that “[u]nder the umbrella of the general object is a multitude of objects of
specific provisions”, and by the New South Wales Court of Appeal in Edwards
v Attorney General (2004) 60 NSWLR 667 when it observed at [72] that “it may
be said that there is an underlying object of the Act as a whole and there may be
a separate object of discrete parts of it, subject of course to the purpose of the
whole”. We note from the use of the phrases “[u]nder the umbrella of the general
object” and “subject of course to the purpose of the whole”, that these cases
appear to contemplate that the specific purpose can never be contrary to the
general purpose. We need not go quite as far given that this issue does not arise
in this case; for present purposes we prefer to leave it on the footing that in a
truly exceptional case, it may be that the specific intention of Parliament is so
clear that the court should give effect to it even if it appears to contradict,
undermine, or go against the grain of the more general purpose. Such cases
would, however, be rare (as noted in Ting Choon Meng at [60]), if they ever
occurred at all. The court must begin by presuming that a statute is a coherent
whole, and that any specific purpose does not go against the grain of the relevant
general purpose, but rather is subsumed under, related or complementary to it.
The statute’s individual provisions must then be read consistently with both the
specific and general purposes, so far as it is possible.
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