The prosecution has called for the maximum possible jail term for a 47-year-old man with dual Singaporean and Indonesian citizenship who failed to report for National Service (NS). On Tuesday, April 28, the court heard arguments regarding the sentencing of Edmond Yao Zhi Hai, who was previously convicted of failing to enlist in January 1997.
A Landmark Case of NS Evasion
Edmond Yao Zhi Hai claimed trial to a single charge of failing to report for full-time NS enlistment. This case is believed to be the first such trial for National Service evasion.
District Judge James Elisha Lee previously convicted Yao, ruling that the failure to report for enlistment is a strict liability offence. Under this legal standard, the prosecution only needs to prove the act was committed, without needing to prove the accused’s intention.
The Conflict of Dual Nationality
Born in Singapore in 1978 to a Singaporean mother and an Indonesian father, Yao held both citizenships. While his father obtained Indonesian citizenship for him, his mother made a deed poll in 1986 stating that Yao was a Singapore citizen.
Yao received a national registration identity card in 1990 and attended several Singaporean institutions between 1984 and 1996, including Catholic High School, Raffles Institution, and Raffles Junior College.
During the trial, the defence argued that Indonesian law forbids its citizens from entering foreign military service. They contended that Yao believed he was legally bound not to enlist in Singapore, as doing so would have resulted in the loss of his Indonesian citizenship.
Arguments Over Sentencing
Deputy Public Prosecutor Tay Jia En sought the maximum sentence of three years’ jail for the Enlistment Act charge, along with a fine of S$3,000 (US$3,830) for outstanding Immigration Act charges, to which Yao pleaded guilty on Tuesday.
The prosecution described the case as “the most serious of serious cases,” alleging that Yao showed “not one ounce of remorse” and attempted to “drag government agencies through the dirt.” Mr. Tay argued that the accused’s dual citizenship was irrelevant as a mitigating factor.
Conversely, Yao’s legal representatives, Mr. Sunil Sudheesan and Ms. Joyce Khoo of Quahe Woo & Palmer, sought only a fine. They argued that a jail term would “totally disrespect” Yao’s desire to maintain his Indonesian citizenship and “disrespect Indonesia as well.”
The defence further claimed that Yao was not evasive, noting that he travelled openly using his Indonesian passport. They as well argued that specific deterrence is a “non-issue” given that Yao can no longer serve NS due to his age.
What Happens Next
The court has not yet reached a final decision on the penalty. Judge Lee has adjourned the sentencing to May to consider the submissions from both the prosecution and the defence.
Depending on the judge’s deliberation, Yao could face the maximum three-year prison term requested by the state, or the court may opt for the fine sought by the defence.
Frequently Asked Questions
What was the primary reason for Edmond Yao’s conviction?
Yao was convicted of failing to report for enlistment into full-time National Service in January 1997. The judge ruled that he and his mother would have been aware of his NS liabilities regardless of his Indonesian citizenship.
What penalty is the prosecution seeking?
The prosecution is seeking the maximum sentence of three years’ jail for the Enlistment Act charge and a fine of S$3,000 (US$3,830) for immigration offences.
Why did the defence argue against a jail sentence?
The defence argued that a jail term would disrespect the accused’s desire to preserve his Indonesian citizenship and disrespect Indonesia. They also noted that Yao cannot serve NS now due to his age, making specific deterrence irrelevant.
Do you believe dual citizenship should provide a legal basis for exemption from national obligations in a home country?
