S'porean man, 47, with Indonesian citizenship convicted of failing to report for NS in 1997 under Enlistment Act

A 47-year-old man born in Singapore to a Singaporean mother and an Indonesian father was convicted of failing to report for national service (NS) on  Jan. 24, 1997.

On Mar. 19, 2026, Edmond Yao Zhi Hai was found guilty under the Enlistment Act.

Yao was a Singaporean citizen at birth and was granted Indonesian citizenship shortly after.

According to court documents, the 47-year-old studied in Singapore as a Singaporean from primary to junior college before completing his further education overseas.

Singapore's law states that only those who have not exercised the rights and privileges of Singapore citizenship can be deferred from NS until they reach 21 years old, pending renunciation.

Yao's Background

According to the court documents, Yao was born in October 1978 in Singapore as "Jauw Ming Siang, Edmond”.

In March 1979, his parents obtained Indonesian citizenship for him, and he was first issued an Indonesian passport in 1983.

Yao has never held a Singapore passport.

In November 1983, Yao's parents took his Indonesian passport to the Immigration and Checkpoints Authority (ICA) and informed them that Yao was Indonesian.

ICA acknowledged the visit and indicated it on Yao's passport

On Mar. 17, 1986, his mother made a deed poll stating that Yao was a minor and a Singaporean citizen.

The deed poll also included the renunciation and abandonment of Yao's birth name and assumed the use of the name "Yao Zhi Hai Edmond" from that day forward.

From 1984 to 1996, Yao completed his education in Singapore as a Singapore citizen at Catholic High School, Raffles Institution, and Raffles Junior College.

Yao was granted a Singapore National Registration Identity Card (NRIC) when he was 12, and another NRIC was reissued when he was 15.

Completed NS screenings

On Jan. 26, 1996, the Central Manpower Base (CMPB) sent Yao a registration notice for NS.

On Feb. 7, 1996, the CMPB received the completed forms along with a letter from Yao's mother stating that Yao wished to renounce his Singaporean citizenship in favour of his Indonesian citizenship.

The letter also stated that Yao wished to defer his NS obligations until he was 21 years old, at which time he would renounce his citizenship, as he was anxious to further and complete his studies in the U.S.

In June 1996, CMPB issued a further reporting order for documentation and fitness examination in July 1996.

Yao duly completed his full medical screening and was graded as "PES A".

Failure to report

In November 1996, CMPB sent Yao a Jan. 23, 1996, enlistment notice for full-time NS.

On Jan. 10, 1997, days before the enlistment date, Yao's father sent a letter to CMPB asking for a deferment for his son until he was 21, stating that Yao had not decided on his national status.

According to court documents, his father said that Yao would choose to enlist if he chose to be Singaporean, and if he chose to be Indonesian, he would not be allowed to serve in the armed forces of another country.

CMPB replied on the same day and stated that Yao, who was Singaporean by birth, was required to fulfil his NS liabilities as he had exercised his rights and privileges by being educated in Singapore.

CMPB said Yao was required to fulfil his NS obligations without exception.

On Jan. 21, 1997, lawyers acting for Yao's mother wrote to CMPB appealing the enlistment notice, saying that the family was prepared to renounce Yao's Singaporean citizenship, rights and privileges.

Yao did not report to CMPB despite two enlistment notices, and more letters were exchanged after.

Court documents stated that Yao completed his further education abroad between July 1997 and June 2001.

Attempted to renounce Singapore citizenship

In October 2003, Yao wrote to the Singapore Embassy in Indonesia to renounce his citizenship.

The embassy wrote to ICA, which in turn wrote to CMPB to ask if they had objections, which CMPB did.

Yao's mother made appeals to the Ministry of Home Affairs through a Member of Parliament, but ICA reiterated its stance.

In January 2005, Yao married a Singaporean and registered his marriage with his Indonesian passport.

According to court documents, he applied for permanent residency, but his application was rejected as he was still a Singapore citizen.

He travelled in and out of Singapore between Mar. 17, 1997 and Sep. 1, 2021.

On Sep. 1, 2021, at the ICA Visitor Services Centre, Yao was arrested for failing to fulfil his NS liability and was charged in February 2023.

Defence's arguments

According to court documents, the defence argued three main points.

The first point was that Yao was an Indonesian citizen, and Indonesian citizenship laws expressly forbid citizens from entering a foreign military service.

Hence, serving NS would result in a loss of Indonesian citizenship.

Secondly, the defence also said that Yao was allowed by ICA to travel in and out using his Indonesian passport without any enforcement action taken.

Thirdly, the defence alleged that representations were made concerning the resolution of Yao's NS obligations.

Prosecution's arguments

The prosecution argued that the Indonesian law relied upon by the accused does not prescribe any offence or provide any ground for civil action.

It was also noted that Yao was able to travel freely in and out of Singapore as he declared himself to be a foreigner.

Under Singapore law, Singapore citizens, regardless of whether they are nationals of other countries arriving in Singapore, are required to present their Singapore passport that is valid or any other prescribed evidence of the person's identity and Singapore citizenship.

The prosecution also argued that there was no evidence regarding the representations made that allowed for the resolution of his NS obligations.

Ruling

District Judge James Elisha Lee was unable to accept the defence's submissions and said that the doctrine of "substantive legitimate expectation" cited by the defence was not applicable.

As the doctrine where a public authority’s promise or established practice creates a reasonable expectation of a specific benefit, in this case, resolving Yao's NS obligations, would be a departure from the current scope and limits of judicial review.

"Given the magnitude and importance of the role of NS to Singapore’s national security and survival, I am of the view that this would not be a case appropriate for the doctrine of SLE to be applied."

According to court documents, the judge also rejected the argument that Yao was "labouring under a mistake of fact that he had been regarded as an Indonesian foreigner by Singapore".

"The accused, in electing not to report for enlistment, had merely sought to avoid the consequences under Indonesian Citizenship law. That is not the same as being under command or empowerment of the law to act in the way the accused did."

The judge convicted Yao of the enlistment charge and adjourned sentencing to April 2026.

He faces a maximum jail term of three years, a fine of up to S$5,000 or both.

Yao has 14 other charges of failing to present a Singapore passport to an immigration officer upon arrival; these offences have been stood down.

Top photo from Basic Military Training Centre/Facebook