Serious Tan Cheng Bock files affidavit to ask AGC to explain Elected President count

[jw5]

The PAP was once oppositions....

Therefore you should Vote Opposition Until PAP Becomes The Opposition Again.

 

[Narong Wongwan]

TCB die die wants to be Prez....
Be careful what he wish for.... wait they poison him like ah Ong until tio cancer

 

[JohnTan]

TCB die die wants to be Prez....
Be careful what he wish for.... wait they poison him like ah Ong until tio cancer

TCB may end up in exile, with a new reputation for being a drunk, womanizer and wife beater.

 

[GoldenDragon]

We all know AGC's forthcoming reply, don't we?

End of the day, PAP 1, TCB 0.

 

[jw5]

TCB may end up in exile, with a new reputation for being a drunk, womanizer and wife beater.

He is too old for the latter two.

 

[Bonut]

TCB die die wants to be Prez....
Be careful what he wish for.... wait they poison him like ah Ong until tio cancer

He wants to die as a President.

 

[JohnTan]

From Tan Cheng Bock's FB on 8th May 2017:

COURT APPLICATION ACCEPTED

I would like to announce that this morning, the High Court accepted my application (HC/OS 495/2017), which seeks the Court’s determination on whether a piece of legislation (section 22 Presidential Elections (Amendment) Act 6 of 2017 which counted President Wee Kim Wee as the first Elected Presidency term for the purposes of calling a Reserved Election), is consistent with our Constitution (Articles 19B(1) and 164(1) which introduced the mechanism of a Reserved Election into our Constitution).

I am the Plaintiff and for the purposes of serving Court papers on the Government, the Defendant is the Attorney General.

The application was filed on 5 May 2017. The Court accepted my application this morning, and has fixed a pre-trial conference on 22 May 2017.

To recap, on 31 March 2017, I held a press conference explaining why in my layman’s opinion, starting the count from President Wee’s term appeared to be inconsistent with the spirit and purpose for reserved elections. I then invited the Government or AG to explain the legal reasons for their count.

On 1 April 2017 the Government through MCI said I raised no new points that require a response. I responded to say the MCI missed my point. Nothing further was heard on this issue.

Since this is a matter of national importance, I sought to find the legal answer and consulted the best constitutional lawyer I could find. He is Queen’s Counsel Lord David Pannick. I gave Lord Pannick the Commission Report, White Paper, all relevant Hansard parliamentary reports from 7 Nov 2016 to 6 February 2017, our Constitution and all related statutes on this issue. I asked him one question: whether the AG correctly advised the Government to specify President Wee’s term as the first to be counted on the basis that he was the first President to exercise elected powers.

Lord Pannick has advised that he disagrees with the AG’s advice, and that section 22 Presidential Elections (Amendment) Act 6 of 2017 as it stands is unconstitutional. After receiving Lord Pannick’s reply, I felt I could not keep his legal opinion to myself. It would be in public interest to have the Court decide which legal view is correct - Lord Pannick or the AG.

On 28 April 2017, I engaged M/s Tan, Rajah & Cheah to make the necessary application, and to produce in my affidavit Lord Pannick’s written opinion before the Court. I believe this question can be answered without confrontation or hostility. Both the Government and I have the nation’s best interest at heart. It is in nobody’s interest to have a Reserved Election that is unconstitutional.

I am satisfied that I have, to the best of my ability and capacity, done my part to do what is right in the circumstances, which is to bring to this Court’s attention Lord Pannick’s opinion. Since the matter is now before the Court, it is only right that I refrain from making any further public comment until this case is decided.

 

[mojito]

Inside ballot station not considered within 200m also can be argued, what more an opinion of an old Ang Moh from faraway. No case!

 

[scroobal]

Can't wait for this to be heard. It will be a massive set of gymnastics to clear the logic if the courts agree with AG. Tan Cheng Bock and whoever advised him waited for the PAP to complete digging the hole before they stepped in legally.

 

[kingrant]

Scroobal,

Just claim Executive privilege..or Executive priorities...

Old Man had always run the country from dictat...the General Election is just a necessary inconvenience to keep up a facade of parliamentary democracy.

If he was still alive, he might worm his way out of it..or create another law to beat it. But not his son.

Can't wait for this to be heard. It will be a massive set of gymnastics to clear the logic if the courts agree with AG. Tan Cheng Bock and whoever advised him waited for the PAP to complete digging the hole before they stepped in legally.

 

[scroobal]

Agree. Clearly the son does not know how to to do this air-tight. I am keen to see how this progresses once the court rules. The Polling station affair was determined by the AG and it never went to court. The constitution allows the AG not to prosecute and there is no recourse.

Scroobal,

Just claim Executive privilege..or Executive priorities...

Old Man had always run the country from dictat...the General Election is just a necessary inconvenience to keep up a facade of parliamentary democracy.

If he was still alive, he might worm his way out of it..or create another law to beat it. But not his son.

 

[jw5]

Scroobal,

Just claim Executive privilege..or Executive priorities...

Old Man had always run the country from dictat...the General Election is just a necessary inconvenience to keep up a facade of parliamentary democracy.

If he was still alive, he might worm his way out of it..or create another law to beat it. But not his son.

Why do you refer to Lee Kuan Yew as Old Man? You don't dare to type out his name?

 

[Victory2016]

Can the Sultan of Johor be appointed as President of Singapore?

I remember there were times when the idea of Singapore rejoining Malaysia was mooted unofficially......

 

[nayr69sg]

The Independent understands that Dr Tan Cheng Bock, presidential candidate in the 2012 elections, has filed a submission on Friday at the High Court on the issue of the elected presidency.

We understand that Dr Tan is asking the Attorney General’s Chambers to explain why the late Wee Kim Wee is considered Singapore’s first Elected President, and not Ong Teng Cheong.

Earlier this year, the Government had said that, after receiving advice from the Attorney General, it had decided that the count of 5 presidential terms should start with the late former President Wee.

This, the Government said, was because Dr Wee had exercised the duties and responsibilities of the Elected President, even though he was not popularly elected in an open election.

Dr Wee was the last Singapore president to be appointed by the Government.

In constitutional changes earlier this year, the Government introduced amendments to allow a presidential election to be a Reserved Election where only candidates of a certain minority race can participate, if 5 terms have lapsed without a minority-race president having taken office.

Dr Tan, who narrowly lost to Dr Tony Tan in the 2012 elections, had said last year that he would contest this year’s presidential election, which is to be held in September.

He had also earlier called on the Government to explain how the count is decided, and asked that this year’s election be an open one because there have only been 4 openly elected presidents, which does not satisfy the constitutional requirement of 5 elections before a Reserved Election is to be held.

At a press conference in March, Dr Tan said:

“I now invite the Government or the AGC to explain why they counted the presidential terms of presidents who exercised elected powers. If need be, the Government can refer AGC’s opinion to Court for independent judicial verification. After all, the Courts have the final say on legal issues in Singapore. And a recent high profile Court of Appeal case has shown that the AGC is not always correct in their legal opinion.”

However, the Government responded by saying that the matter had already been debated in Parliament and that a Constitutional Commission had also held public hearings and received feedback and had issued its report which was presented to the Government. As such the Government said it found it unnecessary to respond to Dr Tan’s questions.

The Independent is reaching out to Dr Tan for confirmation and further comments about the court filing.

We will provide updates when we receive new information and confirmation.

learn to love the ones you are with. Go with the flow. Be fatalistic. Make do with what you have. Be contented.

 

[Semaj2357]

Can't wait for this to be heard. It will be a massive set of gymnastics to clear the logic if the courts agree with AG. Tan Cheng Bock and whoever advised him waited for the PAP to complete digging the hole before they stepped in legally.

agree absolutely, it was a case of giving a man enough rope and tcb scored a hole-in-one here.
the agc cannot claim exec privy now as the world is watching, esp after the horse has bolted :o

 

[scroobal]

I have trying to figure out how they are going to come out of this.

agree absolutely, it was a case of giving a man enough rope and tcb scored a hole-in-one here.
the agc cannot claim exec privy now as the world is watching, esp after the horse has bolted :o

 

[nayr69sg]

They already explained it. Wee Kim Wee was performing the duties of an elected president. So although he was not elected he is still considered an elected president.

An Elected President is not determined by whether he is elected or not but by his job duties and role.

They can also add that during that time besides Wee Kim Wee there were no other suitable candidates. So having an election would not have changed the end result.

sinkies will as usual just learn to love the ones you are with. Go with the flow. Be fatalistic. Make do with what you have. Be contented.

 

[Semaj2357]

I have trying to figure out how they are going to come out of this.

i don't think there can be a happy-ending to this saga

They already explained it. Wee Kim Wee was performing the duties of an elected president. So although he was not elected he is still considered an elected president.
An Elected President is not determined by whether he is elected or not but by his job duties and role.
They can also add that during that time besides Wee Kim Wee there were no other suitable candidates. So having an election would not have changed the end result. sinkies will as usual just learn to love the ones you are with. Go with the flow. Be fatalistic. Make do with what you have. Be contented.

it's a tad presumptive that acting in the capacity of a elected president is construed as being one - analogy of a "t" versus an "s" rank as there was no confirmation nor mandate. it also begs the question as to the absence of a suitable candidate as being the "chosen" one - if they had looked far and wide enough. and having an election would also not guarantee that the end justified the means...

 

[nayr69sg]

i don't think there can be a happy-ending to this saga

it's a tad presumptive that acting in the capacity of a elected president is construed as being one - analogy of a "t" versus an "s" rank as there was no confirmation nor mandate. it also begs the question as to the absence of a suitable candidate as being the "chosen" one - if they had looked far and wide enough. and having an election would also not guarantee that the end justified the means...

Well if you see how sinkies accepted the ruling that if you inside the polling centre then you are not within "x" km of the polling centre.

it doesn't matter. All it needs is some semblance of a decision and it will be accepted.

 

[Semaj2357]

Well if you see how sinkies accepted the ruling that if you inside the polling centre then you are not within "x" km of the polling centre. it doesn't matter. All it needs is some semblance of a decision and it will be accepted.

same as in a wedding - speak now or forever hold thy tongue :(