NS defaulter Ben Davis named for Thailand team: Will he re-enter S'pore to play in Asean Championship Cup match?

UPDATE on Nov. 27 at 7:25pm: This article has been updated to include a 2019 statement from the Ministry of Defence.

Thailand is set to face Singapore on Dec. 17 at the Singapore National Stadium for the Asean Championship Cup.

National Service (NS) defaulter Ben Davis has been called up by the Thailand national football team to play in the tournament.

Davis was announced as part of Thailand's 26-man squad on Nov. 26, 2024.

However, having defaulted his NS obligations, it remains to be seen if Davis will re-enter Singapore to participate in the tournament.

Davis' background

Davis, 24, was born to an English father and a Thai mother in Phuket, Thailand.

He lived in Phuket till he was five years old before moving to Singapore, where he became a naturalised Singaporean at nine.

Davis studied at the Singapore Sports School but left the country in 2015 to join Fulham's academy in London.

In July 2018, 18-year-old Davis signed with English Premier League club Fulham, making him the first Singaporean footballer to sign with a top-tier English club.

However, Davis was unsuccessful in his NS deferment to play for the Premier League.

In February 2019, Davis failed to report for NS and has been labelled an NS defaulter by the Ministry of Defence (MINDEF).

MINDEF also added that Davis was staying overseas without a valid exit permit.

Davis' unsuccessful NS deferment sparked a debate in Parliament in 2018.

Defence Minister Ng Eng Hen stated that the Enlistment Act is "blind to personal convenience and considerations, no matter how talented the individual or exceptional his circumstances".

Ng said MINDEF would only allow deferment if it "serves Singapore's interest first and foremost" and never the interests of the individual to preserve equity for all Singaporeans.

He raised examples of swimmers Joseph Schooling, Quah Zheng Wen, and sailor Maximilian Soh, who were given conditional deferments and had clear expectations of them laid out.

In other words, their deferment would be curtailed if those expectations were not met.

In October 2019, Davis said he had no intention of completing his NS obligations and did not regret his decision, as succeeding in football was his first priority.

In 2022, Davis scored the opening goal for Thailand against Singapore in the under-23 SEA Games.

It was his first international goal for Thailand.

What happens if he sets foot in Singapore?

If Davis ever returns to Singapore, he risks arrest.

By defaulting on his NS obligations, Davis has committed an offence under the Enlistment Act.

If convicted, Davis could be fined up to S$10,000 and/or jailed for up to three years.

Even if Davis is no longer a Singapore citizen, he is still at risk of being arrested if he enters Singapore.

In October 2024, a 40-year-old American citizen was sentenced to nine weeks' jail in Singapore on Oct. 7 for defaulting on his NS obligations when asked to report for enlistment.

The length of sentence is proportional to the length of the default:

• Two to six years of defaulting: Two to four months of imprisonment,
• Seven to 10 years of defaulting: Five to eight months of imprisonment,
• 11 to 16 years of defaulting: 14 to 22 months of imprisonment,
• 17 to 23 years of defaulting: 24 to 36 months of imprisonment,
• Exceeding 23 years, which means evading the entirety of NS obligations: 36 months.

Short jail sentences for young defaulters

In previous judgments, MINDEF has pressed for a short jail sentence for NS defaulters, where the default period exceeds two years, but the defaulter is young enough to serve his NS duties in full.

Longer jail sentences for older defaulters

A longer jail sentence is sought when the defaulter has reached an age at which he cannot serve his full-time NS in a combat vocation or fulfil his NS in full.

Maximum jail sentences for old defaulters

The maximum sentence is pressed for when the defaulter is over 40 and cannot be called up for NS at all.

Liable until 40

NS defaulters who are still under the age of 40 are still required to serve if they return.

Mitigating factors

A defaulter's sentence may be discounted based on various factors.

This includes:

• the length of the period of default,
• how substantial his connection to Singapore is,
• whether he voluntarily surrendered or was arrested,
• and whether he pleaded guilty or claimed trial.

In a 2019 MINDEF statement, a MINDEF spokesperson stated that Davis is an NS defaulter.

"He failed to report for NS as required. He is also staying overseas without a valid Exit Permit. Mr Davis has committed offences under the Enlistment Act, and is liable upon conviction to a fine of up to $10,000 and/or imprisonment of up to 3 years," the spokesperson said.

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Top image via Oxford United & YouTube