Tan Cheng Bock v AG
(c)
[2017] SGCA 50
The focus of Art 19B(1) is on those who have “held the office of
President” without any distinction made in relation to the method by
which they were elected.
(d)
The definition of “President” in Art 2 applies to Arts 19B(1) and
164. The reference to “this Constitution” refers to the Constitution as it
has stood and as it stands from time to time since 9 August 1965 and in
this particular context, it is the Constitution as it stood at the date of the
election of each of the Presidents in question. Hence, Presidents “elected
under this Constitution” includes those elected by Parliament as well as
those elected by the citizens.
(e)
It was therefore open to Parliament to specify President Wee’s
last term as the first term under Art 164 for the purposes of Art 19B.
The legislative purpose of Arts 19B and 164
102
We turn to consider the legislative objects of Arts 19B and 164 and we
are satisfied that they confirm the conclusion that we have reached by our
construction of these provisions of the Constitution alone.
Legislative purpose as gleaned from the text
103
What can be gleaned from the text is that the specific purpose of Art
19B(1) is to ensure periodic representation of all the principal communities of
Singapore in the office of the President through the introduction of the hiatustriggered reserved election model.
104
As for Art 164, which is a transitional provision, its specific purpose is
to allow Parliament to determine when to effect the hiatus-triggered model by
allowing Parliament to decide the first term to be counted for the purposes of
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