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Source:
www.mindef.gov.sg |
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MINISTERIAL STATEMENT ON NATIONAL SERVICE
DEFAULTERS BY MINISTER FOR DEFENCE TEO CHEE HEAN IN PARLIAMENT, 16
JAN 2006 |
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An Excerpt |
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Our National Service policy is underpinned
by three fundamental principles. |
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The first is that National Service must be
for meeting a critical national need 每 for it requires considerable cost
both to the individual and to the nation. |
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That critical need is national security and
our survival. This is why NSmen are deployed only in the Singapore Armed
Forces, the Singapore Police Force and the Singapore Civil Defence
Force, where they contribute directly to the security and defence of
Singapore. |
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Once in a while, there are suggestions that
Singaporeans should be allowed different forms of National Service.
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For example, a recent commentary by Ms Ong
Soh Chin of The Straits Times advocated a rethink of the scope of
National Service. She suggested that it be extended to include other
forms of non-combat service, such as in the social sector or in the
arts. |
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MINDEF does not think this is appropriate.
We are clear that if we require or compel our people to perform National
Service, it must be to fulfil a critical national need. Otherwise there
is insufficient reason to compel a person to serve. |
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The second fundamental principle of our National
Service is universality. All young Singaporean males who are fit to serve are
conscripted. |
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If we have a system in which some are conscripted
but others are not, there will be strong feelings of unfairness which will
undermine the commitment of our NSmen. |
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This is not unique to Singapore. This was a
problem that the US faced during the Vietnam War. Not everyone was
conscripted. Some exploited loopholes and technicalities to avoid being
drafted. There were exemptions, deferments and alternative forms of service.
This affected morale and the will to fight among those who were drafted, and
it also affected the American people＊s support for conscription and the war.
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MINDEF has always been very clear that National
Service must be universal 每 all who are fit to serve National Service must
serve. |
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The third fundamental principle of our National
Service is equity. Everyone has to be treated in the same way, regardless of
background or status. His deployment in NS is determined by where he is most
needed to meet the needs of national defence. |
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In line with these three principles, MINDEF has
consistently taken a tough stand against those who default on their National
Service obligations. |
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We have introduced various measures over the years
to prevent such persons from evading National Service. For example, the
Constitution was amended in 1979 so that those who refused to serve could not
escape their National Service obligation by simply renouncing their
citizenship. |
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Only those who have emigrated at a young age and
have not enjoyed substantial socio-economic benefits are allowed to renounce
their citizenship without serving National Service. |
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Since 1970, we have required pre-enlistees who are
going overseas for an extended period to post a bond as a promise that they
will return to fulfil their National Service obligation. |
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The bond quantum was $20,000 in 1970 and it has
been increased over the years. Since 1992, the bond quantum has been set at
$75,000 or half the combined annual income of the parents, whichever is
higher. |
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The bond is however not a substitute for National
Service. If a pre-enlistee fails to return to serve his National Service, not
only has he broken his bond but, more importantly, he has broken his promise
and broken the law by not returning to fulfil his National Service obligation.
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The bond quantum that is forfeited is the penalty
he has to pay for breaking the bond. It is not redemption and not a substitute
for National Service. |
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He still has to face the law for failing to comply
with his National Service obligation under the Enlistment Act; and he still
remains liable for National Service. |
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Sir, there is strong support for National Service
among Singaporeans. Every year only a small number, about 0.5% of those liable
for NS each year, or on average 100 unresolved cases of NS defaulters a year
over the past 5 years, fail to register or enlist for National Service, or
fail to return after their exit permits expired. The vast majority of these
defaulters are overseas. |
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An average of 12 NS defaulters a year were charged
in Court for failing to comply with the Enlistment Act. |
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The offences carry a sentence of up to 3 years
imprisonment, a fine of up to $5,000, or both. The sentence is decided by the
Court based on the circumstances of each case. Besides answering to the Court,
NS defaulters who are still Singaporeans and below the age of 40 will have to
serve National Service... |
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NS defaulters are dealt with under the Enlistment
Act as they have failed to respond to orders to register or enlist for
National Service, or failed to comply with Exit Permit requirements. |
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MINDEF＊s approach in dealing with NS defaulters
has been to charge them in Court for Enlistment Act offences and let the Court
impose an appropriate sentence based on the circumstances of each case and the
provisions of the Enlistment Act. |
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Over the past 20 years, 185 NS defaulters have
been convicted in Court for Enlistment Act offences. Of these, 43 received
jail sentences, 140 were fined and 2 were punished in connection with other
civil offences. Of the 140 who were fined, 35 were ultimately jailed when they
did not pay their fines. |
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Of the 185 convicted defaulters, 127 were enlisted
or are awaiting enlistment for National Service following their convictions.
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2 were supposed to enlist but defaulted again
prior to their enlistment. 33 were not drafted as they were unsuitable for
enlistment for security or medical reasons 每 that is, they would not have been
enlisted in any case even if they had not defaulted on NS. |
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The remaining 23 were not drafted because they
were either above the statutory age limit or no longer Singaporeans. So that＊s
just 23. |
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Of note is that the High Court had, in a 1993 case
reduced the sentences of two NS defaulters 每 two brothers 每 from 8 months
imprisonment to a fine of $3,000 on appeal. |
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This was an unusual case where it could be said
that there were mitigating circumstances. Since then the Subordinate Courts
have been using this case as a guideline, and not imposed a jail sentence on
single-instance defaulters, no matter how long the default period was. |
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The courts have imposed jail sentences only in
cases where there were aggravating circumstances, such as repeated Enlistment
Act offences, past criminal records, concurrent charges of other civil
offences, and absconding during investigation. |
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It is for the Court to decide on the appropriate
punishment for individual cases of NS defaulters. |
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MINDEF had not been pressing for custodial
sentences, nor had it appealed for heavier sentences. The majority of cases so
far have been those who returned at a relatively young age and were thus still
able to fulfil their National Service obligations. |
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Half of those charged in Court over the past 20
years returned at age 21 or younger, and 80% returned at age 28 or younger. A
fine for such NS defaulters was not inappropriate as they were still able to
serve their National Service obligations in full. |
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However, Melvyn Tan＊s case has highlighted an
inadequacy in penalties for those who have defaulted for so many years that
they are no longer able to discharge their National Service obligations in
full. |
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Since the appeal case in the High Court in 1993,
besides Melvyn Tan there have been 13 other cases of convicted defaulters who
were sentenced only to a fine and who were not subsequently enlisted because
they were already over 40 or almost 40. |
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This is something that we need to look into more
closely, especially as there may now be more defaulters who are 40 or older
coming before the courts with the passing of time. |
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Sir, in the middle of last year, MINDEF embarked
on a periodic review of the Enlistment Act and the Singapore Armed Forces Act.
This review focused on the penalty regimes in the Act. |
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The review of the penalty regime in the Singapore
Armed Forces Act was completed in November last year and a bill to amend the
Singapore Armed Forces Act is up for 2nd reading now before the House. The
proposal is to increase the maximum fine quantum in the SAF Act... |
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MINDEF will be proposing to the House to increase
the maximum fine provided for in the Enlistment Act from the current $5,000 to
$10,000. |
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This will be in line with the amendment to the
Singapore Armed Forces Act which is now before the House. While the maximum
fine will be higher, it is important to note that the fine, like the bond, is
not a substitute for serving National Service. |
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The fine is a penalty for failing to fulfil his
obligations under the Enlistment Act, and the defaulter remains liable for
National Service. |
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MINDEF has concluded that the maximum jail
sentence of 3 years is adequate, as it is longer than the current full-time
National Service duration of two years. |
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Whether or not a particular offence merits the
maximum punishment of 3 years imprisonment would be a matter for the Court to
decide based on the facts of each case. |
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MINDEF does not consider it necessary at this time
to seek a minimum mandatory jail sentence for Enlistment Act offences, as the
circumstances of the cases vary widely. |
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However, from now on, MINDEF will ask the
prosecutor to press for a jail sentence in serious cases of NS defaulters, and
explain why we consider a jail sentence appropriate in a particular case.
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Serious cases include those who default on their
full-time National Service responsibilities for two years or longer from the
time they were required to register or enlist, or from the time their exit
permits expired for those granted deferment, whichever is later. |
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We believe that it is in the public interest that
such NS defaulters face a jail sentence, unless there are mitigating
circumstances. |
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I would like to provide some illustrations of what
MINDEF considers to be sentences appropriate to the nature of the offence or
commensurate with its gravity: |
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- Where
the default period exceeds two years but the defaulter is young enough to
serve his full-time and operationally ready NS duties in full, MINDEF will
press for a short jail sentence.
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Where the defaulter has reached an age when he cannot serve his full-time NS
in a combat vocation or fulfil his operationally ready NS obligations in full,
a longer jail sentence to reflect the period of NS he has evaded may be
appropriate.
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Where the defaulter has reached an age when he cannot be called
up for NS at all, a jail sentence up to the maximum of 3 years may be
appropriate. |
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In all instances, we expect that the Court will
take into account whatever aggravating or mitigating circumstances there may
be in each case to determine the appropriate sentence... |
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Mr Speaker, Sir, the response to Melvyn Tan＊s case
has highlighted that Singaporeans feel strongly that defaulting on National
Service is wrong and defaulters should face serious consequences. |
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The Government agrees with this view. NS
defaulters must face the Court to answer for their offences, and thereafter
must discharge their National Service liabilities. |
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Whether such NS defaulters, who have answered for
their offences in Court and paid the penalty, should be eventually accepted
back into our fold, is not something that MINDEF can determine. |
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It is for society to decide. And society will also
look at whether such individuals, apart from having paid a penalty, are
sincerely contrite for having failed to serve our nation, and whether they
have attempted to made amends. |
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Full Text of Speech |
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Source:
www.mindef.gov.sg News Release 16 Jan
2006 |
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Related article: |
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National Service Dues: Did pianist Melvyn Tan get off too lightly? |
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FrontPage Edition: Mon 16 Jan 2006
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