Tan Cheng Bock v AG
(b)
[2017] SGCA 50
it was clearly the case, at least from those parts of the
Parliamentary debates which we have highlighted earlier and which
address the concept of a reserved election (see [122] above), that Art
19B was meant to correct a particular mischief – that of the failure of
open and unregulated elections to produce minority candidates;
(c)
therefore, the phrase “5 most recent terms of office” in Art 19B
must be limited to the terms of office of those Presidents who were
elected in open and unregulated elections; and
(d)
similarly, Art 164 must be read in the same way, meaning that
the choice of which term of office Parliament could specify under Art
164 as the first term must be restricted to those terms of office of those
Presidents who were elected in open and unregulated elections.
127
There are a number of difficulties with this reading. First, it rests, not on
the language of the provisions in question, but on extracts from the
Parliamentary debates, and we have already cautioned against this. Second,
even then, it plainly runs counter to PM Lee’s speech, which, as we said, is the
only statement in Parliament which directly addresses the question of when
Parliament intended that the count could start, and which specifically says that
the Government intended to specify President Wee’s term as the first term even
though he was plainly not a President elected in an open and unregulated
election.
128
In order to square PM Lee’s speech with the Appellant’s reading of Arts
19B and 164, the Appellant argues that PM Lee must have been mistaken about
President Wee being elected by the citizens and must have been misled by the
AG’s advice. It would also follow on this basis that the other MPs in Parliament
too thought that President Wee was popularly elected.
63