Wong Souk Yee v Attorney-General: By-Elections for Group Representation Constituencies and Constitutional Interpretation
In Wong Souk Yee v Attorney-General, the Court of Appeal of Singapore addressed the issue of whether a by-election is required when a Member of Parliament resigns from a Group Representation Constituency (GRC). Wong Souk Yee, a resident of Marsiling-Yew Tee GRC, sought a mandatory order for the remaining members to vacate their seats and a by-election to be held. The court dismissed the appeal, holding that Article 49(1) of the Constitution, which mandates by-elections, applies only to Single Member Constituencies (SMCs) and not GRCs. The court found no legal basis to compel the remaining members of the GRC to vacate their seats.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed in part
1.3 Case Type
Constitutional
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal addressed whether a by-election is required when a Member of Parliament resigns from a Group Representation Constituency, interpreting constitutional provisions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Appeal upheld in part | Partial | Andre Chong of Attorney-General’s Chambers Hui Choon Kuen of Attorney-General’s Chambers Sivakumar Ramasamy of Attorney-General’s Chambers Hri Kumar Nair SC of Attorney-General’s Chambers |
| Wong Souk Yee | Appellant, Applicant | Individual | Appeal Dismissed in part | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Judith Prakash | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andre Chong | Attorney-General’s Chambers |
| Hui Choon Kuen | Attorney-General’s Chambers |
| Sivakumar Ramasamy | Attorney-General’s Chambers |
| Hri Kumar Nair SC | Attorney-General’s Chambers |
| Priscilla Chia | Peter Low & Choo LLC |
| Ng Bin Hong | Peter Low & Choo LLC |
| Peter Low | Peter Low & Choo LLC |
| Elaine Low | Peter Low & Choo LLC |
4. Facts
- Halimah Yacob resigned as a Member of Parliament for Marsiling-Yew Tee Group Representation Constituency on 7 August 2017.
- No by-election was called after Halimah Yacob's resignation.
- Wong Souk Yee, a resident of Marsiling-Yew Tee Group Representation Constituency, filed Originating Summons No 1034 of 2017 seeking a mandatory order for a by-election.
- Section 24(2A) of the Parliamentary Elections Act prohibits a by-election from being called unless all Members for that constituency have vacated their seats.
- The Singapore Democratic Party was initially a party to the application but was later removed.
- The High Court judge dismissed the application, awarding costs against the Appellant.
5. Formal Citations
- Wong Souk Yee v Attorney-General, Civil Appeal No 73 of 2018, [2019] SGCA 25
- Wong Souk Yee v Attorney-General, , [2018] SGHC 80
6. Timeline
| Date | Event |
|---|---|
| Halimah Yacob resigned as Member of Parliament for Marsiling-Yew Tee Group Representation Constituency | |
| 2017 Presidential Election | |
| SDP and Wong Souk Yee filed Originating Summons No 1034 of 2017 in the High Court | |
| Amendment to OS 1034 was filed removing the SDP as a party to the application | |
| Hearing before the High Court judge | |
| Judgment reserved | |
| Judgment reserved |
7. Legal Issues
- Interpretation of Article 49(1) of the Constitution
- Outcome: The court held that Article 49(1) applies only to Single Member Constituencies and not to Group Representation Constituencies.
- Category: Substantive
- Duty to call a by-election in a Group Representation Constituency
- Outcome: The court held that there is no constitutional duty to call a by-election when a Member of Parliament resigns from a Group Representation Constituency.
- Category: Substantive
- Costs
- Outcome: The court made no order as to costs either in the appeal or in the court below.
- Category: Procedural
8. Remedies Sought
- Mandatory order that the remaining Members of Marsiling-Yew Tee Group Representation Constituency vacate their seats
- Declaratory order that a by-election be held for Marsiling-Yew Tee Group Representation Constituency
- Declaratory order that s 24(2A) of the Parliamentary Elections Act is void for inconsistency with Art 49(1) of the Constitution
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Judicial Review
- Constitutional Interpretation
- Civil Appeals
11. Industries
- Government
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vellama d/o Marie Muthu v Attorney-General | Court of Appeal | Yes | [2013] 4 SLR 1 | Singapore | Cited for the interpretation of Article 49 of the Constitution regarding the duty to call a by-election to fill casual vacancies of elected Members. |
| Wong Souk Yee v Attorney-General | High Court | Yes | [2018] SGHC 80 | Singapore | The High Court's decision which was appealed in this case. |
| Tan Cheng Bock v Attorney-General | Court of Appeal | Yes | [2017] 2 SLR 850 | Singapore | Cited for the principles of constitutional interpretation. |
| Public Prosecutor v ASR | Court of Appeal | Yes | [2019] SGCA 16 | Singapore | Cited for the determination of the ordinary meaning of the words of a provision. |
| Comptroller of Income Tax v MT | Court of Appeal | Yes | [2006] 3 SLR (R) 688 | Singapore | Cited for the test for applying an updating construction. |
| Lim Meng Suang and another v Attorney-General and another appeal and another matter | Court of Appeal | Yes | [2015] 1 SLR 26 | Singapore | Cited for the principle that amending the Constitution to reflect changing social mores is more properly the remit of Parliament. |
| Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd | Court of Appeal | Yes | [2016] 4 SLR 604 | Singapore | Cited for the test for when the adoption of a rectifying construction is permitted. |
| Yong Vui Kong v Public Prosecutor | Court of Appeal | Yes | [2015] 2 SLR 1129 | Singapore | Cited for the contention that the right to vote might be part of the “basic structure” of the Constitution. |
| Vellama d/o Marie Muthu v Attorney-General | High Court | Yes | [2013] 1 SLR 797 | Singapore | Cited for the invocation of public interest as a basis to depart from the general rule that costs follow the event with respect to proceedings involving unsuccessful regulators. |
| Law Society of Singapore v Top Ten Entertainment Pte Ltd | High Court | Yes | [2011] 2 SLR 1279 | Singapore | Cited for the recognition of a departure from the usual costs orders made in litigation in respect of situations where public bodies were performing public duties which they had been charged to carry out. |
| Regina v Lord Chancellor, Ex parte Child Poverty Action Group | English High Court | Yes | [1999] 1 WLR 347 | England and Wales | Cited for the broader test drawn from the English High Court decision of Regina v Lord Chancellor, Ex parte Child Poverty Action Group. |
| Jeyaretnam Kenneth Andrew v Attorney-General | Court of Appeal | Yes | [2014] 1 SLR 345 | Singapore | Cited for the clarification that in the “rare case” where a public duty which does not generate correlative private rights is breached and the breach is of sufficient gravity such that it would be in the public interest for the courts to hear the case, an applicant may have standing. |
| AXY and others v Comptroller of Income Tax | Court of Appeal | Yes | [2018] 1 SLR 1069 | Singapore | Cited for the three requirements that must be satisfied before an applicant may be granted leave to commence judicial review proceedings. |
| Tan Eng Hong v Attorney-General | Court of Appeal | Yes | [2012] 4 SLR 476 | Singapore | Cited for the principle that where a serious question of constitutional law is raised, the court may in its discretion depart from the usual rule that costs follow the event. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Constitution of the Republic of Singapore | Singapore |
| Parliamentary Elections Act (Cap 218, 2011 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Group Representation Constituency
- By-election
- Constitutional Interpretation
- Article 49(1)
- Parliamentary Elections Act
- Judicial Review
- Updating Construction
- Rectifying Construction
- Implied Right to Representation
15.2 Keywords
- By-election
- Group Representation Constituency
- Constitutional Law
- Singapore
- Judicial Review
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Judicial Review | 85 |
| Constitutional Law | 80 |
| Administrative Law | 75 |
| Civil Procedure | 70 |
| Parliamentary Elections | 70 |
| Vacation of Seat | 65 |
| Civil Practice | 60 |
| Costs | 50 |
| Evidence Law | 30 |
| Jurisdiction | 20 |
16. Subjects
- Constitutional Law
- Administrative Law
- Elections
- Civil Procedure