Dr Tan Cheng Bock responded to the Court of Appeal’s dismissal of his application contesting the legitimacy of the upcoming reserved election, accepting defeat “with a heavy heart” on his Facebook page today.
The Court of Appeal threw out his appeal to dismiss the High Court’s earlier rejection of his application this morning after reserving judgment at the appeal hearing on 31 July 2017.
In his application to the courts, Dr Tan referred to the Attorney-General’s Chambers (AGC) recommendation and Parliament’s subsequent acceptance that a reserved election should be triggered this year since there hasn’t been a Malay president for the past five consecutive terms.
Dr Tan disputed the counting of the five consecutive terms since the AGC counted from appointed President Wee Kim Wee instead of the first elected President Ong Teng Cheong. In rejecting his appeal, Singapore’s highest court of law reportedly stated it was lawful for Parliament to specify President Wee Kim Wee’s last term as the first term, for the purposes of determining a reserved election.
Thanking Singaporeans for their support, the veteran politician said that he never felt as though his lawsuit was a “fool’s errand.” He added that it was “wrong” of Government to challenge Sylvia Lim to go to court when she brought up the same questions he posed in his constitutional challenge and that he felt the need to respond.
“I firmly believe the Government should have answered in Parliament instead of challenging a Parliamentarian to go to Court.
“So I filed a case to argue what most Singaporeans felt was proper, that the count should start with the 1st Elected President Ong Teng Cheong (which would result in 2023 being a reserved election year).”
However, he says, “now that the Court of Appeal has had the final say, I accept the verdict – but with a heavy heart.”
Nevertheless, the former Member of Parliament wished the candidates of the upcoming election all the best in days to come. He said that as for him and his team, they will rest, re-group and re-energise themselves. Dr Tan assured all Singaporeans:
“I promise you, I will always speak up for Singaporeans and do my very best for our country.”
We re-publish his full statement here:
“As you know by now, the Court of Appeal has dismissed my appeal. I am disappointed, as are all my supporters, because we had hoped to contest in this PE (through the deliberative track) after I lost narrowly (0.34%) in PE 2011. Nevertheless, I am very comforted to know that many of you were strongly supporting me in this case. I never felt alone. For that, I sincerely thank every one of you.
“Some may say that my court application was a fool’s errand. But I do not see it that way. When MP Sylvia Lim asked the Government in Parliament why they chose to start the count of 5 presidential terms with President Wee Kim Wee (resulting in 2017 being a reserved election year), the Government challenged her to go to Court for an answer. That is wrong and I felt the need to respond. I firmly believe the Government should have answered in Parliament instead of challenging a Parliamentarian to go to Court.
“So I filed a case to argue what most Singaporeans felt was proper, that the count should start with the 1st Elected President Ong Teng Cheong (which would result in 2023 being a reserved election year). The Court of Appeal, however, decided that as a matter of law, the Government has discretion to start the count with President Wee Kim Wee. They issued a 66 page long judgment detailing full legal reasons. Now that the Court of Appeal has had the final say, I accept the verdict – but with a heavy heart.
“My team and I will now rest, regroup and re-energise ourselves. I promise you, I will always speak up for Singaporeans and do my very best for our country.
“Meanwhile, let me be first to wish the participants of the coming reserved PE 2017 all the best, and to do your very best for our country!”
Court of Appeal verdictAs you know by now, the Court of Appeal has dismissed my appeal. I am disappointed, as are all…
Posted by Dr Tan Cheng Bock on Wednesday, 23 August 2017
https://theindependent.sg.sg/tan-cheng-bock-loses-appeal-against-reserved-election/