S'pore man, 47, who holds Indonesian citizenship, gets record 3-year jail term for evading NS for almost 22 years
His conduct had placed him among the worst category of NS defaulters, said the judge.
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A 47-year-old Singaporean man has been sentenced to three years' jail, the longest term handed down by Singapore's courts for a National Service (NS) defaulting case, after evading his full enlistment obligations for 21 years and nine months.
Fell into worst category of NS defaulters: Judge
According to court documents seen by Mothership, Edmond Yao Zhi Hai, who holds an Indonesian citizenship, had failed to fulfil both his full-time NS obligations and post-operationally ready date (ORD) reservist duties.
His conduct had placed him among the worst category of NS defaulters, said the judge.
On top of his jail term, Yao was fined S$3,000 for immigration offences after failing to present his Singapore passport to an immigration officer upon arrival in Singapore.
Yao had contested the enlistment charge, arguing that Indonesian law prohibits its citizens from serving in foreign militaries, and claiming that he genuinely believed he was not bound by Singapore's NS obligations.
The judge rejected this defence.
He found that Yao could not be said to have acted in good faith, given that the Ministry of Defence's Central Manpower Base (CMPB) had informed him of his NS liabilities from the start.
Regarding the defence's claim that Yao had travelled in and out of Singapore for years without arrest, the judge noted that Yao had done so using an Indonesian passport, which was a factor that had "clearly contributed to his non-apprehension".
The judge found no undue delay in prosecution, stating that any enforcement delay was materially attributable to Yao's own actions or inaction.
Yao later pleaded guilty to the immigration charges.
The prosecution had sought the maximum of three years' jail for the Enlistment Act charge and S$3,000 for the immigration offences.
He intends to appeal against his conviction and sentence, and is currently on bail.
Yao's background
Yao was born in Singapore in 1978 to a Singaporean mother and an Indonesian father.
He was registered as an Indonesian citizen by his father and issued an Indonesian passport.
In 1986, his mother made a deed poll affirming his status as a minor and a Singaporean citizen.
Yao later attended Catholic High School, Raffles Institution, and Raffles Junior College between 1984 and 1996.
He also received his national registration identity card (NRIC) in 1990.
In January 1996, CMPB sent him a notice to register for NS.
His father wrote to CMPB the following year, requesting a deferment until Yao turned 21, citing his son's undecided national status and arguing that Indonesian law barred its citizens from serving in another country's armed forces.
CMPB rejected the request, stating that as a Singapore citizen by birth who had exercised his citizenship rights — namely, completing his education in Singapore through Raffles Junior College — Yao was required to fulfill his NS obligations without exception.
Despite this, Yao failed to report for enlistment in January 1997.
He later pursued further education abroad from 1997 to 2001, and in October 2003 wrote to the Singapore Embassy in Indonesia seeking to renounce his Singapore citizenship — a request CMPB declined to support.
Yao later married a Singaporean woman in January 2005 and applied for permanent residency in Singapore, but was rejected on the grounds that he was already a Singapore citizen.
He travelled in and out of Singapore until Sep. 1, 2021, when he tried to extend his short-term visit pass and was arrested for failing to fulfil his NS liability.
For failing to report for NS, he could have been jailed for a maximum of three years, fined up to S$5,000, or both.
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