M-YT By-Election Hearing in Court of Appeal Tomorrow

Dr Wong Souk Yee’s appeal for a by-election in the Marsiling-Yew Tee (MYT) GRC after Ms Halimah Yacob vacated her seat for the Presidency will be heard in the Court of Appeal (Level 9) tomorrow, 16 January 2019, at 10 am.

Dr Wong, SDP’s Assistant Treasurer and resident in MYT, filed an appeal after High Court Judge Chua Lee Ming ruled in January 2018 that the PAP government did not have to call for a by-election even though the seat had been vacated.

The SDP was initially a party to the legal action but the AGC objected to the SDP being part of the lawsuit. The SDP withdrew so as not to hold up the case.

At the hearing last year, Dr Wong’s counsel, Peter Low & Choo LLC, argued that Article 49(1) of the Constitution clearly requires that:

Whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force.” (emphasis added)

Furthermore, Article 39A stipulates that each GRC team must have a minority candidate. With Ms Halimah quitting her MP post, not only is the MYT GRC deprived of an MP, but the constituency is also without the stipulated need for a minority MP.

But Deputy AG Hri Kumar and former PAP MP argued that the GRC system was “designed to ensure minority representation at the point of elections” and that “GRCs are meant to ensure a multi-racial Parliament, not a multi-racial team in the constituency.”

If that’s the case, then why have GRCs at all? Why insist on minority candidates in GRC teams during the elections when they are not meant to ensure a multi-racial team after the elections?

Justice Chua ruled in favour of the government by “updating” and “rectifying” the Constitution so that it is aligned to the amendment of the Parliamentary Elections Act when the GRC system was introduced. But, it is argued, that any changes to the Constitution would have to be approved by Parliament with a two-thirds majority, not any Court update or rectification.

Read also Here’s why the judge is wrong

Dr Wong’s counsel will argue in the Appeal, among other things, that Justice Chua:

1. failed to uphold the ordinary meaning Art 49(1) that requires a vacant seat to be filled by election;

2. should not apply an updating construction (interpretation) to Art 49(1);

3. should not apply a rectifying construction to Art 49(1);

4. erred in failing to take into account that Art 39A requires that a GRC comprises a minority MP;

5. failed to consider the right of voters to be represented by a full slate of MPs until the dissolution of Parliament.

 

Singapore Democrats

 

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30 Responses to “M-YT By-Election Hearing in Court of Appeal Tomorrow”

  • SO FED UP!:

    They have perfected the art of prata flipping!
    Took one whole miserable year just to come to this point? Omg!
    Very cruel to the opp parties.

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  • Bapak:

    Does it mean even IF suddenly Pinky Panty kick-the-bucket, no by-election needed?

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  • opposition dude:

    Come now it’s not as if we don’t already know what the verdict will be.

    But never fear for the election is this year! Make them lose the whole GRC, Marsiling Yew Tee voters!

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  • NotMyProblem:

    Parliament was used for 2 days to exonerate one for abuse of power.

    Now the Court can rectify the constitution!!

    WTF happening now in SG???!!!

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  • how fast will judiciary act if:

    SO FED UP!:
    They have perfected the art of prata flipping!
    Took one whole miserable year just to come to this point? Omg!
    Very cruel to the opp parties.

    What does that say about our judiciary system?

    Is that done to delay and frustrate the oppositions of the opportunity of a by-election? Timed to coincide with a GE? So no need or no use to hold a by-election anymore? Isn’t that typical P*P cheating again? As usual, with the collaboration of …?

    If the PAP takes action against a critic or an opposition party member, how quickly do you think the judiciary machine will act?

    Is the fate and ricebowl of the judges also at the mercy of the powers that be?

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  • Where is justice in SG?:

    how fast will judiciary act if: What does that say about our judiciary system?

    As usual, with the collaboration of …?

    Very clear collaboration. Of course, you can’t name who you are referring to. Won’t receive a fair jud*m*nt. Clearly biased jud*c**ry. Where is justice in Singapore?

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  • timing of the judiciary:

    how fast will judiciary act if:

    Is that done to delay and frustrate the oppositions of the opportunity of a by-election? Timed to coincide with a GE? So no need or no use to hold a by-election anymore?

    Did someone running the judicial machinery received instructions from (don’t we all know who) on the timing of the judiciary hearing? So as to benefit the P*P (as always) and to disadvantage the oppositions (again, and as always too)?

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  • 甘妮娜:

    很明显的,这是为了补选而补选。

    并不是为了国家的利益而争取,而是为了自己所属政党的利益而争取。

    这一切的一切都是已民主的圣名而进行,阿门!

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  • Tatman:

    How come can drag the case until now?!? The court system in Singapore is a scam!!

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  • John Lim:

    “GRCs are meant to ensure a multi-racial Parliament, not a multi-racial team in the constituency.”

    If you don’t have a multi-racial team standing for election, how can you have a multi-racial parliament???

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  • Cowards r proned to treason:

    Constitution dictates by election. PAP is so frighten to lose n refuse. President is supposedly elected n PAP is so frightened to lose its unconstitutional control on the President that it doesn’t even seek unanimous approval from every Malaya citizen to accept her as a Malay as she declares herself as from Indian heritage n not Malay.. Presidential Council members seem to be ignorant of the Constitution else they would have advise the President to resign n get herself constitutionally reelected. Now they r commiting another Constitutional error for not advising the President to call a by election in her former Constituency.

    Lee Kuan Yew’s both his two remaining children r perhaps acting for him to fulfil his promise or threat that he will rise to right the wrong. But for reasons only he know, he sent his children to condemn “dynasty” or rather dynasty change of Lee to cloaked Santa, Jingling Ho Ho Ho to kill his roots he has so painfully to hold up his dynasty. Bureaucratic Compliancy is a serious Constitution crime n PM in trio have publicly declared that such accusation should be legally settled else the accused is guilty n should resign. Neither the dynasty bit n the bureaucratic compliancy were legally settled. Wild hunting n extermination of the peripheral has finally reveal the real cowardice of v3 v4 papists. Cowards r extreme national risk as history has shown cowards r really egoists n r not suitable for public office.

    Many have heard how Dr Goh protected his freedom when his decision of hid personal affair was threatened n he n Mr Lim Kim San r both men of integrity n honorable to their words. Shouldn’t Singaporeans carried on their spirits esp those who should be loyal to the country thet have vowed to serve with integrity n honor were actually in action loyal th LKY n PAP shold not betrayed a second time. All the great religions forgive n save only if the sinners repent n right themselves.

    PAP has not in sync with Singaporeans. Coward, traitors n egoists r extreme national risks. Singaporeans u r no longer loyal to the man represented by pap but r hoodwinked by the gorilla herd n their plps! Vote these egoistic biws out. zthrre is still time to provide growth of political alternatives which pap has suppressed for their own survival n not for the benefits of Singapore n Singaporeans!

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  • Asd:

    Back door in.. for those who cant contest 1 to 1… to crawl in from back door…

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  • Follow the Law:

    What is the purpose of a GRC? Isn’t it formed by pariahment where all the MPs earning tax dollars debated on its merits about Minority representation?

    Now the court can over-rule pariahment which is the Highest Court of the Land? We might as well not have pariahment and go to the courts each time a conflict arise!

    Is this democracy or follow the Law?

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  • LIONS:

    kudos to SDP once again!
    the ppl should really vote for you for their own good.

    M-Y-T GRC VOID SHOWS CLEARLY ONE FALLACY harped by the PAP SCHOLARS with regards to the IMPORTANCE OF GRC to protect MINORITY INTERESTS!!!

    WHERE IS THE MINORITY MP NOW?!!!

    SO,ITS OK NOT TO HAVE A
    MINORITY MP IN TRUTH????????????????

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  • justice system in Singapore:

    Where is justice in SG?: Very clear collaboration. Of course, you can’t name who you are referring to. Won’t receive a fair jud*m*nt. Clearly biased jud*c**ry. Where is justice in Singapore?

    You can’t accuse them or even suggest that they are compliant or impartial. You will be dealt with for contempt of the judiciary. And they are the judge and jury and the executioner.

    Yet observations showed that they have persistently meted out judgment or practices in favor of the PAP and against the opponents and critics of the PAP.

    Such is the justice system in Singapore.

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  • Peasants cant win:

    The PAP will win…unfairly.
    Why? Cuz they will argue their case using a different dictionary from the one we all use..
    Their dictionary interprets every word & phrase to their (PAP’s) advantage.
    We’ve seen it before…
    Peasants cant win against them unless a judge with balls is presiding.
    Good Luck.

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  • Frustrated:

    So when will Mr LZH’s case be heard?
    One year later too?

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  • PAP justice system:

    justice system in Singapore: You can’t accuse them or even suggest that they are compliant or impartial. You will be dealt with for contempt of the judiciary. And they are the judge and jury and the executioner.

    Yet observations showed that they have persistently meted out judgment or practices in favor of the PAP and against the opponents and critics of the PAP.

    Such is the justice system in Singapore.

    Is that an independent or impartial justice system? Or a PAP justice system?

    Actually, Amnesty International and Human Rights Watch have alreaady answered that.

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  • rukidding:

    Lucy Wong and his bunch of pigs…all “eat $$$” !

    Clear as sky !

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  • Kangaroos have own lexicon:

    Peasants cant win:
    The PAP will win…unfairly.
    Why? Cuz they will argue their case using a different dictionary from the one we all use..
    Their dictionary interprets every word & phrase to their (PAP’s) advantage.
    We’ve seen it before…
    Peasants cant win against them unless a judge with balls is presiding.
    Good Luck.

    Kangaroos have their own lexicon.

    Being inside the polling station is not the same as being within 200m of it.

    Indian can be interpreted Malay, if that is to keep out a non-Malay opposition candidate from winning the election.

    If a PAP candidate vacated the seat, no need for a by-election. Only need by-election if an opposition candidate vacated the seat.

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  • LHY/LWLBureaucratic compliancy:

    LHY/LWL came out just at the right time accusing their sibling of dynasty plot n bureaucratic compliancy. Their accusation are significantly more serious than those said b4 by ordinary Citizens who could only speculate based on bits of information. They r being sued in a Court of Laws n all except one were ruled against the accusing speculation. Despite the suits were brought by ministers who as constitutionally defined r accountable to refute all adverse speculation with solid evidence to prove their innocence instead of the accusing citizen speculator has to provide evidence to substantiate their speculative inferences. If the ministers abide the constitution demand of accountability. the citizens would not have to speculate when such information is available. The current PM Lee, SM n former PM Goh n MM Lee Sr all arrogantly proclaimed, in response to the disquiet among citizenry that Ministers should not sue but should publicly refute the accusation with full document support in accordance to the Constitution n not to maintain increasing opacity of their operation n financial dealing thus fulfilling Govt obligation of accountability to their electorate, publicly that ministers so accused should sue for defamation else they r deemed to be guilty ss accused n resign. They did it except for the public accusation of the siblings the other two children of LKY.
    Citizenry goes wild in speculating why LHL didn’t honored the arrogant declaration. Some thought that LHL didn’t becos of blood tie but subsequent deadly poking at the peripheral showed this is impossible. Many felt that they have solid evidence that even diehard bootlickers would find it difficult to remain compliant. many opined that there r leak hole in the bootlicker protective shield in that there r many who still remain loyal to the Old royal family n the result of a suit in a Court of Laws may not be a foregone conclusion. There r also many who opined that siblings word dynasty really mean to the old loyal plps meant a dynasty change n not what the old boss has wanted from Harvard professor to a city barefoot urchin jingling ho ho ho . Whatever it is v3 v4 Papists have little confidence n essentially cowardly hiding behind with evil manipulation just as Mdm Singh has openly dared the senior executive to do the job themselves then to blame all on the subordinates when things go ah poo poo. 50 years of hiding behind the old men is long enough n the truth starts to appear just a few years after their guardian passed away. There is no such thing there is no alternative. Yes 50 years of suppression maybhave drain off the political aspiration of many able men n the blind following has made it impossible for them to surfacce. This explain why v3 n v4 papists r useless but arrogant hot air.

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  • Is PAP the judiciary?:

    Do we even have a judiciary? Or is the PAP the judiciary?

    how fast will judiciary act if: What does that say about our judiciary system?

    Is that done to delay and frustrate the oppositions of the opportunity of a by-election? Timed to coincide with a GE? So no need or no use to hold a by-election anymore? Isn’t that typical P*P cheating again? As usual, with the collaboration of …?

    If the PAP takes action against a critic or an opposition party member, how quickly do you think the judiciary machine will act?

    Is the fate and ricebowl of the judges also at the mercy of the powers that be?

    justice system in Singapore: You can’t accuse them or even suggest that they are compliant or impartial. You will be dealt with for contempt of the judiciary. And they are the judge and jury and the executioner.

    Yet observations showed that they have persistently meted out judgment or practices in favor of the PAP and against the opponents and critics of the PAP.

    Such is the justice system in Singapore.

    GD Star Rating
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  • Common Law Commoner:

    CJ Menon noted that there were no GRCs in existence when Art 49(1) was first enacted, and that given the fundamental changes made to the modes of election in 1988 that introduced the GRC system, one should go beyond the plain reading in determining the interpretation of Art 49(1).
    - Guo Rendi (TOC)

    Hm, seems to anyone with an(y) iota of mental faculties reading this that perhaps the whole GRC business has all along, since its inception, been an illegal enterprise after all, wouldn’t it be??

    Oh boy, there’s gonna be such a huge legal mess that’s gonna put the nation out of business – for good? – if the best legal minds from common law countries are to take a salient interest and re-examine the GRC legislation, put it under the legal electronic microscope, heehee.

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  • Proper Ascension Protocol:

    Bapak:
    January 15, 2019 at 8:59 pm (Quote)
    “Does it mean even IF suddenly Pinky Panty kick-the-bucket, no by-election needed?”

    DYNASTY DEATH
    - Die/Dying Nasty -

    Yes, going by the ruling, you have as such made the right conclusion, sharp observation-deducement.

    In addition, in the case of AMK GRC helmed by the pinklady shimself, should he drop dead tomorrow (or later tonight), his other four (five?) co-aMPees will not only step up to share his workload in his Teck Ghee ward but, inthis uNeedLee special case, they will also automatically become co-PMSs in the Office of the PMS, either with equal say in proState affairs or taking turns to sit in the Astana office or through any other arrangements (after consultation with or, more likely, dictates/decrees from the newly installed HoLee widow-ager) such as express extraordinary ascension to the Dragon Throne by Internet Brigadier Lee Hoong Aik (via special decree? This is a familee business after all, so who gives a hoot what other side think!?).

    Hail the Li dynasty!

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  • wow wow so very efficient:

    Wow v3 v4 very efficient to nurture their plps with such strange concept of effiency in carrying out justice. As pap minister bravely n unashamedly indicative of idiocy that conflict of interests is a matter of success in career n none to do with relationship or affiliation, now
    perhaps justice depends on who rather than on what.

    The long delay suggests that persecution of adversary of power there be deserve speedier delivery while those involving power therbe should be withheld as long as possible to attribute to heavy traffic real n/or imaginery.

    Presumably the case will finally lapse into no issue n a waste of court time as General Election draws near. When plp lapses into a visible zone, LHY n LWL will be hailed as Patriots with 大義烕親 noble mentality though effectively is the common family feud involving over hungry, over greedy n despicable bestiality behaviour.

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  • Dr Tan Tai Wei:

    Supppose it’s an opposition GRC at issue. One racial MP has resigned. Wouldn’t PAP argue that the whole group must resign and a re-election conducted, because a racial group wasn’t represented? Would Kumar still say that race representation was only a token, for GE only? etc.?

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  • step onto SG soil if you dare:

    justice system in Singapore:

    Yet observations showed that they have persistently meted out judgment or practices in favor of the PAP and against the opponents and critics of the PAP.

    Will they use such tool of suing so freely if they are uncertain about a judgment in their favor?

    Do you know why they only sue within the SG judicial jurisdiction? And never sue if you are outside the SG judicial jurisdiction, no matter how libelous your accusations are?

    Instead of suing you in the country where you are based or where you made the ‘defamatory’ comments, they would dare you to step onto SG soil to make those comments.

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  • not as lucky as Bob Amsterdam:

    step onto SG soil if you dare:

    Will they use such tool of suing so freely if they are uncertain about a judgment in their favor?

    Do you know why they only sue within the SG judicial jurisdiction? And never sue if you are outside the SG judicial jurisdiction, no matter how libelous your accusations are?

    Instead of suing you in the country where you are based or where you made the ‘defamatory’ comments, they would dare you to step onto SG soil to make those comments.

    Wasn’t that what the late former NYT journalist William Safire was told? WS didn’t take up that challenge. Because he knew what his fate would be, if he stepped onto SG soil?

    Would he be as lucky as International human rights lawyer Bob Amsterdam who defended Dr. Chee, and who was merely prevented from coming in and placed on the next return flight when he landed at Changi Airport?

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  • they have libel laws too:

    step onto SG soil if you dare: Will they use such tool of suing so freely if they are uncertain about a judgment in their favor?

    Do you know why they only sue within the SG judicial jurisdiction? And never sue if you are outside the SG judicial jurisdiction, no matter how libelous your accusations are?

    Instead of suing you in the country where you are based or where you made the ‘defamatory’ comments, they would dare you to step onto SG soil to make those comments.

    It is not that other countries do not have libel laws.

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  • favorably or unfavorably in GE:

    Frustrated:
    So when will Mr LZH’s case be heard?
    One year later too?

    It will be timed according to whether the LZH’s case will affect them favorably or unfavorably in the coming GE.

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