Tan Cheng Bock v AG
121
[2017] SGCA 50
As against this, the Appellant argues that all the other parts of the
extraneous material, included the speeches made by other MPs, point to the
intention of Parliament being to address a specific mischief created by open
popular elections. That is undoubtedly true, but it misses the point. The issue
underlying all those speeches pertained, as we have already said, to the concept
of a reserved election. As mentioned, the present issue between the parties is a
purely transitional issue that is ultimately governed by Art 164. Even if
Parliament did intend to address the mischief of free, open and unreserved
elections having the effect of excluding particular communities from the office
of the President through Art 19B, it was equally mindful of the fact that it had
been 46 years since a member of the Malay community had held the office.
There was nothing to stop Parliament from also deciding – to address the latter
fact – to allow itself the discretion under Art 164 to specify, in subsequent
legislation, President Wee’s last term as the first term, such that if it did, the
2017 election would be reserved for candidates from the Malay community. It
is evident from PM Lee’s speech that this is precisely what Parliament did
decide. Hence, the various references to and illustrations of how the model
would work and apply in the other speeches simply do not reveal any specific
intention in relation to the meaning of Art 164.
122
Among other speeches in the Parliamentary debates, the Appellant relied
on the following excerpts (see in general Singapore Parliamentary Debates,
Official Report (7–9 November 2016) vol 94):
(a)
President Tan’s message at the reading of the 2016 Bill on 7
November 2016 stating the following:
… After the Elected Presidency was instituted, all, but
one of the Elected Presidents have been Chinese,
including myself. The role of the President as a titular
Head of State representing our multi-racial society is
60