Media Releases
Kenneth Andrew Jeyaretnam v Attorney-General [OS No 657 of 2012]
9 April 2013
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On 22 October 2012, the High Court had refused leave to Kenneth Jeyaretnam (the Appellant) to apply for declarations and orders seeking to impugn a US$4 billion contingent loan commitment by the Monetary Authority of Singapore to the International Monetary Fund. In coming to this decision, the High Court agreed with the Attorney-General that Article 144 of the Constitution is not engaged when loans are given (as opposed to the raising of loans) by the Government. This conclusion was based on the wording of the Article and its purposive construction, its enactment history, and records of Parliamentary proceedings, each of which show clearly that Article 144 was intended to apply only where the Government incurred liabilities, either through the raising of loans or the giving of guarantees. The High Court also ruled on the lack of standing of the Appellant to pursue the matter. The Appellant has appealed to the Court of Appeal. The appeal was heard on 9 April 2013 and judgement has been reserved.