Wong Souk Yee v AG
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[2019] SGCA 25
Twenty-three years after the original enactment of Art 49, the GRC
scheme was brought into effect in 1988 by means of simultaneous amendments
to both the Constitution and the Parliamentary Elections Act (Cap 218,
1985 Rev Ed). These were effected through the Constitution of the Republic of
Singapore (Amendment) Act 1988 (Act 9 of 1988) (“the 1988 Constitution
Amendment Act”) and the Parliamentary Elections (Amendment) Act 1988
(Act 10 of 1988) (“the 1988 PE Amendment Act”) respectively. The key
amendment introduced by the 1988 Constitution Amendment Act was the
insertion into the Constitution of Art 39A, which provides for the designation
of constituencies as GRCs. Article 49, which, until then, had only ever applied
to SMCs, was not, however, amended. The GRC scheme was introduced to
ensure multi-racial representation in Parliament by requiring some
constituencies (namely, GRCs) to be contested on a group basis, with each
group of candidates having at least one candidate belonging to either the Malay,
Indian or other minority community: see Art 39A(2)(a) of the Constitution.
The vacating of the seat in MYT GRC
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The appellant (“the Appellant”) is a resident of MYT GRC and a
member of the Singapore Democratic Party (“SDP”). In the general election
held in September 2015 (“the 2015 General Election”), she contested
MYT GRC under the SDP’s banner along with three other individuals. A team
from the People’s Action Party (“PAP”) consisting of Mdm Halimah, Mr Ong
Teng Koon, Mr Lawrence Wong and Mr Alex Yam also contested the GRC.
Mdm Halimah was the only minority community candidate of that team. The
PAP team won the election for MYT GRC.
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On 6 February 2017, Mr Pritam Singh, an elected Member for Aljunied
GRC, asked in Parliament whether a by-election would be called in a GRC in
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