Dual Citizen Convicted After Failing to Serve National Service
A Singapore-born man who later acquired Indonesian citizenship has been convicted for failing to fulfil his National Service (NS) obligations, after the court rejected his long-standing defence that he identified as Indonesian.
The 47-year-old, Edmond Yao Zhi Hai, did not report for enlistment in January 1997. His case has drawn attention due to its complex background involving dual nationality and differing legal obligations between Singapore and Indonesia.
According to court proceedings, Yao argued that serving in Singapore’s military would have caused him to lose his Indonesian citizenship. He maintained that he believed he was not required to serve NS, citing his status as an Indonesian national and the potential consequences under Indonesian law.
However, prosecutors challenged this position, stating that Yao had been fully aware of his obligations as a Singapore citizen by birth. They argued that he had effectively attempted to avoid NS responsibilities while benefiting from the flexibility of dual citizenship.
Court Rejects Defence of “Legitimate Expectation”
The court ultimately ruled against Yao, stating that Singapore authorities had made it clear over the years that he remained liable for NS despite holding Indonesian citizenship. The judge emphasised that citizenship by birth carries legal responsibilities that cannot be disregarded.
Yao’s defence had also argued that he was under a “legitimate expectation” that his Singapore citizenship would lapse, particularly as he had travelled using an Indonesian passport for an extended period. However, the court found no basis for this claim.
In delivering the judgment, the court highlighted the critical role of National Service in Singapore’s national security framework. It concluded that such obligations outweigh personal interpretations or assumptions about citizenship status.
The judge further clarified that Indonesian law does not compel individuals to avoid foreign military service but merely outlines the consequences of doing so. As such, Yao’s decision was viewed as a personal choice rather than a legal necessity.
Decades-Long Case Ends with Conviction
The case spans nearly three decades, with Yao having left Singapore to pursue studies overseas after failing to enlist. He later attempted to renounce his Singapore citizenship, but this was not approved by the authorities.
His situation came to a head in 2021 when he was arrested while attempting to extend a short-term visit pass in Singapore. The offence he was charged with is considered one of strict liability, meaning the prosecution only needed to prove that he failed to report for NS, regardless of intent.
Sentencing has been postponed to a later date. If convicted, he faces penalties that may include up to three years’ imprisonment, a fine of up to S$5,000, or both.
The case underscores the firm stance Singapore takes on National Service compliance, particularly for individuals born as citizens, regardless of any additional nationality they may hold.