Wong Souk Yee v AG
(b)
[2019] SGCA 25
The Appellant’s interpretation of Art 49(1) was unworkable
because it required the remaining Members of MYT GRC to resign
when there was no legal basis for compelling their resignation (at [25]–
[26]).
(c)
An updating or rectifying construction should be applied to
Art 49(1) to reflect the changes introduced by Art 39A. This was
consistent with the clear intent and will of Parliament (at [36], [38] and
[41]).
(d)
In relation to the Appellant’s argument on Art 39A(2), the
Appellant had clarified in oral submissions that her case was that a byelection must be held if any seat in a GRC (whether or not held by a
minority Member) was vacated. It was therefore no longer necessary to
consider her separate submission on Art 39A in relation to the special
interest in ensuring minority representation. In any event, there was no
basis in law to compel the remaining Members of a GRC to vacate their
seats when a seat in the GRC became vacant (at [52]–[53]).
(e)
Under the GRC scheme, voters in a GRC voted not for individual
Members, but for the entire team of Members who would represent that
GRC. Hence, voters did not lose their right to representation merely
because one Member of a GRC team had vacated his or her seat (at [57]).
(f)
The Appellant’s substantive case thus did not succeed, and for
the same reasons, the Appellant had not shown an arguable or prima
facie case for granting the reliefs sought in OS 1034. Leave was
therefore not granted for the Appellant to apply for those reliefs (at [61]–
[62]).
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