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b) How did the courts define the words “public service vehicle” as used in the Road Traffic Act (you should discuss the courts’ treatment of the rules of statutory interpretation and case law). Compare and contrast the approach of the Magistrate Court and the High Court in reaching their respective decisions. (40 marks)
c) Discuss the effect and implications of the respective decisions, paying careful attention to its future impact on the relationship between the judiciary, the executive and the Parliament. (30 marks)
|Teng Lang Khin v Public Prosecutor |
| 1 SLR 372;  SGHC 285 |
|[| Information |
|Suit No: |MA 92/1994 |
|Decision Date: |14 Dec 1994 |
|Court: |High Court |
|Coram: |Yong Pung How CJ |
|Counsel: |Kok Mun Loon (SC Lee Kau & Pnrs) for the appellant, Lim Yew Jin (Deputy Public Prosecutor) for the |
| |respondent |
| | |
|[| Catchwords |
Road Traffic - Offences - Operating 'public service vehicle' - Rental of private cars to members of public - Whether cars used as public service vehicles - Whether cars rented out for 'self-drive' included in category of public service vehicles - Road Traffic Act (Cap 276) ss 2, 00(1)(e), (2) & (6) - Rules r 2(1) Road Traffic (Public Service Vehicles)
Statutory Interpretation - Construction of Statute - Literal - Road Traffic Act (Cap 276) ss 2, 100(1)(e), (2) & (6) - Rules r 2(1) Road Traffic (Public Service Vehicles)
Statutory Interpretation - Construction of Statute - Penal statutes - Lenient construction preferred in the event of ambiguity - Whether cars rented out for 'self-drive' included in category of public service vehicles - Road Traffic Act (Cap276) ss 2, 100(1)(e), (2) & (6) - Rules r 2(1) Road Traffic (Public Service Vehicles)
Words and Phrases - 'Public service vehicle' - Road Traffic Act (Cap 276) ss 2 & 100(1)(e) - Rules r 2(1) Road Traffic (Public Service Vehicles)
|[| Case Summary |
The appellant Tang was charged with three counts under s 101(2) of the Road Traffic Act (Cap 276) (‘the Act’); each charge alleging that she used a vehicle registered for private use as a public service vehicle without a valid licence...
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