Thursday, 27 April 2017

MINDEF on NS defaulters: National service has to be universal and fair to ensure Singaporeans' support

Letting those abroad avoid it or choose when to serve would undermine institution, it says
By Selina Lum and Aaron Chan, The Straits Times, 27 Apr 2017

National service duties must be applied to all Singapore men fairly and equitably, the Ministry of Defence (MINDEF) made clear in a statement yesterday after a court ruling to enhance the punishment of three men who had defaulted on their NS obligations.

"If we allow Singapore citizens who are overseas to avoid NS or to choose when they want to serve NS, we are not being fair to the vast majority of our national servicemen who serve their country dutifully, and the institution of NS will be undermined," said a MINDEF spokesman.

The principles were spelt out by then Defence Minister Teo Chee Hean in 2006 following public debate over the punishment meted out to defaulters who evade their NS obligations. Mr Teo had noted that only about 0.5 per cent of those liable for NS each year fail to register for NS. An average of 12 NS defaulters a year are charged in court.

On Tuesday, the High Court panel referred to the principles when it allowed the prosecution's appeal for harsher sentences for the three men, one of whom got close to the maximum of three years' jail for completely evading his obligations.

The court decision was met with approval by parents whose sons are due to enlist.

Mrs Tricia Koh , 46, who has two teenage sons, said: "I feel it's harsh, but it does send a strong message, especially to the parents... Parents have to take responsibility in ensuring that their children know the severity of the situation if they default."

Ms Stephanie Lim, 52, said her 18-year-old son, now in a boarding school in Britain, will return to enlist next year.

"We have not considered any option other than for him to come back," said the homemaker, whose older son had returned to serve NS while the family was in Hong Kong.

Parents of boys who are studying overseas for two years or more have to provide a bond for $75,000 or an amount equivalent to half the combined annual gross income of both parents, whichever is higher.

However, others say harsher penalties will likely deter defaulters who are overseas from returning to Singapore to face the music.

The mother of a 23-year-old NS defaulter was certain her son will not return to Singapore following the ruling. The 55-year-old general manager of a pharmaceutical company, who wanted to be known only as Madam Tan, has lived in Hong Kong for nearly 30 years.

An older son, now 27, also did not serve NS.

Lawyer Laurence Goh is acting for three NS evaders who have been awaiting the outcome of the appeals before deciding whether they want to return to Singapore.

One of them, who is still able to serve NS, wants to return but his parents want him to finish his degree in Australia, said Mr Goh.

The other two, who are no longer liable for NS as they are past the age of 40, have good jobs overseas but want to return to see their aged parents.

"It's a Catch-22 situation. It is deterrence for those thinking of defaulting, but also for those who are already overseas," said Mr Goh.

Lawyer Amolat Singh noted that with the new ruling, some factors previously thought to be relevant in sentencing no longer carry as much weight.

For instance, defaulters used to get sentencing discounts if they perform well during their eventual NS stint. However, Mr Singh said he will still cite these factors "because it's a plus point".

Mr Singh said he has no soft spot for overseas defaulters in a dilemma about coming back. "You live with your choices," he said.

Additional reporting by Abigail Ng




















High Court imposes heavier sentences on 3 NS defaulters
Chief Justice highlights deterrence as key sentencing focus to ensure those called to serve do not evade duty
By Selina Lum, The Straits Times, 26 Apr 2017

In a clear signal that the courts will not tolerate national security being undermined by those who ignore the call to serve national service (NS), the High Court ruled that the "worst" category of NS defaulters - those who do not serve their obligations at all - will face close to the maximum of three years' jail.

This came as a three-judge panel allowed the prosecution's appeals for heavier sentences for three men, two of whom are brothers, who had dodged NS for varying durations.

Singaporean men have to register for national service when they reach the age of 16½ years and are obliged to serve up to the age of 40.

Ang Lee Thye, 43, who evaded NS for 23½ years - the longest possible under the Enlistment Act - was jailed for two years and nine months. He is serving his original two-year jail term and will now have to serve a longer one. He was 41 when he returned to Singapore from the US and was therefore no longer subjected to the Enlistment Act.

Sakthikanesh Chidambaram, 26, who evaded NS for five years, six months and 17 days, was jailed for 10 weeks, up from three weeks.

Vandana Kumar Chidambaram, 23, who evaded NS for three years, four months and two days, was jailed for seven weeks. His initial sentence was a $6,000 fine.

Both brothers completed serving full-time NS last year.



In response to queries on the cases, the Ministry of Defence (MINDEF) said on Wednesday that it takes a firm stand on those who commit offences under the Enlistment Act, adding that each case comes with its own circumstances which the Court will consider in deciding on the sentence.

"It is important that NS has the support and commitment of all Singaporeans. To achieve this, we have to adhere to the fundamental principles of universality and equity in NS," said a MINDEF spokesman.

"If we allow Singapore citizens who are overseas to avoid NS or to choose when they want to serve NS, we are not being fair to the vast majority of our national servicemen who serve their country dutifully, and the institution of NS will be undermined.”

The spokesman also touched briefly on the three cases.

For Ang, MINDEF said that despite being advised to return to resolve his offences, the defaulter "chose to return to Singapore at an age when he could no longer be called up for NS at all, evading his NS obligations completely".

For the brother, MINDEF said Sakthikanesh said he was aware of his NS obligations but chose to complete his university studies in India before returning to serve NS while Vandana was similarly aware of his NS obligations, as his father was in contact with the Ministry of Defence.

"Despite being aware of their NS obligations, they chose to evade NS to pursue their studies first," said the spokesman.

In considering the appeals, Chief Justice Sundaresh Menon said a key sentencing focus is deterrence to ensure those required to serve NS "do not evade their obligations or opt to postpone them to a time or on terms of their own choosing or convenience".

"Were it otherwise, over time, the attitude that national service can be done on one's own terms will weaken our national security and this is simply intolerable," he said.

The court said it will adopt, in a modified form, the sentencing approach suggested by the prosecution. Details of the framework will be elaborated on in due course.

The prosecution, represented by Solicitor-General Kwek Mean Luck, argued: "Lenient treatment of NS defaulters can invoke strong feelings of unfairness on the part of those who serve when called upon, and undermine public commitment to the institution of NS." He called for a signal to be sent to those who "game the system" that NS evasion will be met with stiff penalties.

He suggested a sentencing framework based on three categories. In cases where the default period exceeds two years but the defaulter is able to serve full-time NS in a combat role and reservist in full, he suggested a starting point of two to three months' jail.

At the other end, for those who evade NS for more than 20 years and are unable to serve full- time NS and reservist, he suggested a starting point of three years. For a default period of about 10 years or if the defaulter is unable to serve full-time NS in a combat role and reservist in full, he suggested two years' jail.

The court said that even if a defaulter performs well when he eventually serves NS, it is not a strong factor to get a shorter sentence.




The NS defaulters
The Straits Times, 26 Apr 2017


ANG LEE THYE, 43

He left Singapore with his family for the United States at the age of 14 in 1987. He did not respond when told to register for national service.

In 2009, he told the Central Manpower Base (CMPB) he would return only if he received "reasonable fines". In 2013, a month before his 40th birthday, he said he wished to return. He reported to the CMPB in January 2015 at the age of 41.

Default period: 23½ years
Initial sentence: Two years' jail
Current sentence: Two years and nine months' jail



SAKTHIKANESH CHIDAMBARAM, 26, AND VANDANA KUMAR CHIDAMBARAM, 23

Their Singaporean mother, who settled down in India, came back to Singapore to give birth to them in 1991 and 1993 respectively.

She took them back to India when they were still infants. They visited Singapore occasionally.

In 2008, Sakthikanesh was told to register for national service, but he left for university education in India. He returned to Singapore in April 2014 after completing his studies, and enlisted for NS in September that year. He has since completed his NS.

Default period: Five years, six months and 17 days
Initial sentence: Three weeks' jail
Current sentence: 10 weeks' jail

In May 2010, Vandana was told to register for NS. However, he returned to Singapore only in June 2014. He enlisted for NS in August that year. He has since completed his NS.

Default period: Three years, four months and two days
Initial sentence: $6,000 fine
Current sentence: Seven weeks' jail



Related
MINDEF reply to ST Media Query On Enlistment Act Offenders

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