Tan Cheng Bock v AG
[2017] SGCA 50
(Inspector of Taxes) [1955] 1 AC 667 at 685. However, unless
we are satisfied that Parliament did intend that the identical
expression, “office of the President”, in Art 19B(1) could mean
two different things, the presumptive view would be that the
condition – that no person of a given community has held the
office of President – would be assessed by reference to those
eligible for and holding that office under the Constitution as it
stands after the appointed date;
(ii)
The second point to note is that it speaks not of a
President who was elected to the office but of one who has held
the office. This choice of words is potentially of wide
application. There are potentially two categories of persons it
could cover: those who have held the office in their own right,
pursuant to an election (leaving to one side for the moment,
whether this is by Parliament or by the citizens); and those who
do not hold the office in their own right but exercise the functions
and powers of the office for a time. In relation to the former
category, namely those who hold the office in their own right,
Art 19B is silent on how long a President must have held the
term for.
(d)
“for any of the 5 most recent terms of office of the President”:
This too is of interest for two reasons. First, it completes the condition
for an election to be reserved by stipulating the duration for which no
person of the community in question must have held the office. The
second point is that it defines that duration by reference to the number
of “terms of office of the President” rather than by reference to a certain
length of time. As explained, “office of the President” here should be
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