Tan Cheng Bock v AG
[2017] SGCA 50
Presidency which was undertaken that year. On 27 January 2016, Prime
Minister Lee Hsien Loong (“PM Lee”) announced his intention to establish a
Constitutional Commission (“Commission”) to study and recommend changes
to three aspects of the Elected Presidency, one of which was the representation
of minority races in the Presidency. The Commission was appointed on 10
February 2016. After a national consultation process, the Commission issued its
report dated 17 August 2016 (“Commission’s Report” or “Report”). In its
Report, the Commission recommended a number of measures to address the
concerns that had been identified in its terms of reference. Among these was
what it called a “hiatus-triggered” safeguard to ensure that the office of the
President would from time to time be held by members of all the principal racial
communities in Singapore. This would later be given effect in the form of
Art 19B(1) of the Constitution.
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On 15 September 2016, the Government issued a White Paper (Review
of Specific Aspects of the Elected Presidency) (15 September 2016) (“White
Paper”), in which it indicated that it agreed in broad terms with the
recommendations of the Commission. The Constitution of the Republic of
Singapore (Amendment) Bill (Bill 28 of 2016) (“2016 Bill”), which included
Arts 19B(1) and 164, was first read in Parliament on 10 October 2016 and
debated from 7 to 9 November 2016 during its second reading. As mentioned,
Parliament passed the 2016 Bill on 9 November 2016. It received the assent of
President Tan on 21 December 2016 and came into operation on 1 April 2017.
This date is referred to as the “appointed date” in Art 164 and we use that term
in the same way.
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Following that, the Presidential Elections (Amendment) Bill (Bill 2 of
2017) (“PE(A) Bill”) was read in Parliament on 9 January 2017. It was debated
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