Late June hearing date to be set for Tan Cheng Bock’s court challenge on reserved EP timing

SINGAPORE — The hearing for the constitutional challenge mounted by former presidential candidate Tan Cheng Bock against the Attorney-General's Chambers (AGC) on the timing for the reserved Elected Presidency is likely to take place in late June. 

The tentative date for the hearing was decided on Monday (May 22) at the pre-trial conference at the High Court attended by Deputy Attorney-General Hri Kumar, representing the AGC, and Dr Tan's counsel Chelva Retnam Rajah.

Both counsels told reporters the court also gave direction for the filing of further affidavits. 

Earlier this month, Dr Tan said he had filed a legal challenge against the AGC’s findings that Dr Wee Kim Wee was Singapore’s first Elected President. 

It was this decision that formed the basis for triggering a reserved election for Malay candidates for the polls in September.

Dr Tan, a medical doctor, said he will be contesting the constitutionality of reserving the upcoming election, arguing that it has been only four terms since the Elected Presidency (EP) was introduced. 

Changes to the EP scheme, passed in November last year, included triggering a reserved election for a particular race that has not seen an elected representative for five consecutive terms. 

On the advice of the AGC, the Government started counting the five terms from Dr Wee’s presidency. 

Dr Tan, however, contends that the count should start with Mr Ong Teng Cheong, which would make it four terms since the Republic has had an elected Malay President. 

The upcoming presidential polls should, therefore, be an open election, he said, in a press conference on the same issue in March.  

Dr Tan, a former Member of Parliament from the People’s Action Party, narrowly lost the 2011 election to Dr Tony Tan, the current President.

Dr Tan was not present at Monday's pre-trial conference.