SINGAPORE: Prosecutors called for the maximum jail term of three years and a fine of S$3,000 for a man who was a Singaporean by birth but failed to report for national service (NS) enlistment in 1997.
Edmond Yao Zhi Hai, now 47, who has a Singaporean mother and an Indonesian father, was earlier issued with a Singapore National Registration Identity Card (NRIC). He also held an Indonesian passport.
Yao never held a Singapore passport, and he went on to pursue his education overseas between July 1997 and June 2001.
He also used his Indonesian passport to travel in and out of Singapore multiple times before he was arrested in September 2021.
In asking for such a sentence on April 28, Deputy Public Prosecutor Tay Jia En told the court: “NS is the universal duty for all Singaporean males.
“The accused returned to Singapore past the age of 40, when it was no longer possible for him to serve any of his NS obligations. He has failed to report for an entire duration of 21 years, nine months, and seven days.”
Yao is represented by lawyers Sunil Sudheesan and Joyce Khoo from Quahe Woo & Palmer, who asked for their client to be given a fine instead.
They told the court that he was automatically an Indonesian citizen at birth by virtue of his father’s Indonesian citizenship.
The lawyers stated in court documents: “(Yao) had a genuine and compelling reason for not serving (NS) – namely, that doing so would jeopardise his Indonesian citizenship.
“Our client consistently regarded himself as an Indonesian citizen... and never sought to enjoy the real benefits of Singapore citizenship while avoiding its burdens.”
In March, following a trial, Yao was convicted of failing to report for full-time enlistment.
On April 28, Yao also admitted that despite being a Singaporean, he had repeatedly used an Indonesian passport with the name “Edmond Jauw Ming Siang” to travel in and out of the city-state.
He pleaded guilty to three charges under the Immigration Act related to this offence, and will be sentenced on May 26.
In earlier proceedings, the court heard that Yao was born in October 1978 in Singapore, and was issued with a local birth certificate.
His parents later obtained an Indonesian birth certificate for him after lodging a declaration at the Indonesian embassy in Singapore.
Yao’s father also obtained Indonesian citizenship for him in March 1979. Yao was also first issued with an Indonesian passport in October 1983.
Between 1984 and 1990, he received his primary school education at Catholic High School in Singapore. After that, he went to Raffles Institution and Raffles Junior College (RJC).
On Jan 26, 1996, the Central Manpower Base (CMPB) sent Yao a notice to register for NS by completing an attached form and mailing it back by Feb 9 that year.
CMPB received the completed NS registration form on Feb 7, 1996 which Yao had signed.
There was also a letter from his mother, stating that Yao wished to renounce his Singapore citizenship in favour of his Indonesian one.
The letter also stated that Yao wished to defer NS until he reached 21 years old, upon which he would be able to renounce his Singapore citizenship.
In his judgement, District Judge James Elisha Lee said: “The letter further indicated that the accused was anxious to further his studies at a university in the United States without the disruption caused by NS, which contributed substantially to his decision to renounce his Singapore citizenship.”
On June 28, 1996, CMPB issued Yao a further reporting order, asking him to report a fitness examination the following month.
He did as he was told, and in November 1996, CMPB sent a notice to Yao’s registered address, asking him to report for enlistment for full-time NS on Jan 23, 1997.
But on Jan 10, 1997, his father sent a letter to CMPB, asking his son to be deferred from full-time NS until he turned 21.
The father also stated that as an Indonesian, Yao was not allowed to serve in the armed forces of another country.
CMPB then replied in a letter that as Yao is a Singapore citizen by birth, he had to fulfil his NS liabilities.
The letter also stated that only those who had not exercised the rights and privileges of Singapore citizenship can be deferred from NS until they reach 21 years, pending the renunciation of their Singapore citizenship.
The judge said: “As the accused had exercised his rights and privileges as a Singapore citizen, namely, by being educated here and completed his education at RJC, he is required to fulfil his NS obligations without exception.”
Yao did not report to CMPB for enlistment on Jan 23, 1997. He also did not comply with a second enlistment notice delivered by hand to his address, instructing him to report for enlistment the next day.
A police gazette was then put up for his arrest on Jan 28, 1997.
Court documents stated that he completed his further education abroad between July 1997 and June 2001.
In October 2003, Yao wrote to the Singapore Embassy in Indonesia, stating that he wanted to renounce his Singapore citizenship.
The embassy then told Singapore’s Immigration & Checkpoints Authority (ICA) about the matter.
In December that year, he submitted a statement, stating that under Indonesian law, he would lose his citizenship there if he undergoes military service in another country without the Indonesian Government’s prior approval to the Singapore Embassy.
ICA then replied that this renunciation application was “withheld” under the Constitution of the Republic of Singapore.
In January 2005, he married a Singaporean woman and used his Indonesian passport to register his marriage.
He also applied to be a permanent resident, but ICA rejected his application as he is still a Singaporean.
Between Dec 31, 2008 and March 16, 2020, Yao used his Indonesian passport to enter Singapore on 13 occasions.
The court heard that ICA approved his application for a short-term visit pass for the period between March 16, 2020 and July 8, 2021.
He was finally arrested at the ICA visitor services centre on Sept 1, 2021. - The Straits Times/ANN
