Tan Cheng Bock v AG
[2017] SGCA 50
criteria, the method of establishing such eligibility and the
potential need to reserve elections from time to time.
(ii)
Four of the terms were held by Presidents who held the
office pursuant to an election by the citizens under previous
iterations of the Constitution. The Constitution has been
amended from time to time including with respect to the
functions and powers of the President. However, President Ong,
President Nathan and President Tan each held office pursuant to
elections held under the framework of the Elected Presidency as
it was prior to the 2016 Amendment, in terms of the eligibility
criteria, the method or need to establish such eligibility and
without any need to consider whether an election had to be
reserved.
(iii)
President Wee, alone in this group, held the office
pursuant to an election by Parliament, under an even earlier
iteration of the Constitution than his successors. However,
President Wee continued to hold the office after the Elected
Presidency was introduced and a specific transitional provision,
Art 163, was passed at that time that was of particular relevance
and application to him alone. We examine the significance of
Art 163 a little later.
(c)
Although we will develop the point further below, in our
judgment, it cannot meaningfully be contended, as Mr Rajah seemed to
do, that President Wee did not “hold” the office of President. On any
basis he did. And even though it is true that the office changed quite
dramatically in the midst of his last term, there is simply no doubt at all
that he continued to hold the office with the enhanced powers and
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