Tan Cheng Bock v AG
[2017] SGCA 50
agree with the Judge who noted (at [37(a)] of the Judgment) that if a provision
is well-drafted, its purpose will emanate from its words. Third, other legislative
provisions within the statute may be referred to, so far as they are relevant to
ascertaining what Parliament was seeking to achieve and how. In particular, the
structure of the statute as a whole and the location of the provision in question
within the statute may be relevant considerations.
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Furthermore, s 9A(4) of the IA expressly directs that when deciding
whether any extraneous material should be referred to and/or what weight
should be given to such material, consideration must be given to the desirability
of persons being able to rely on the ordinary meaning conveyed by the text and
to the need to avoid prolonging legal proceedings. This too suggests that the
primary source of information as to the legislative intent should be the text itself.
Consideration of extraneous material under s 9A(2) may then be had, but only
in appropriate circumstances. It is to these we now turn.
Consideration of extraneous material
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We start by observing that the word “consider” as used (in its various
forms) in s 9A implies more than mere reference; it implies some degree of
reliance on the material for the purposes stated under s 9A(2). Before deciding
whether to “consider” the extraneous material, the court would necessarily refer
to it to make a preliminary assessment of whether it is capable of giving
assistance. If it is incapable of giving assistance, then there is no question of
“considering” it because no useful reliance can be placed on it. Only if the
material is capable of giving assistance will the court proceed to “consider” the
material in its full depth and breadth. That is how the court avoids being cast
adrift on a sea of irrelevant material (see Ting Choon Meng at [63]–[64]).
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