National Service (“NS”) has become the cornerstone of Singapore’s defence and security.[1] Pursuant to the Enlistment Act 1970, all male Singapore citizens and Permanent Residents (“PR”) are required to serve NS when they reach the age of 18 and are called upon to do so.
Unless deferred, male Singapore citizens are commonly enlisted after graduating from Junior College, Polytechnic, the Institute of Technical Education (“ITE”) or any other equivalent pre-tertiary education.
But what happens if someone defaults on their NS obligations?
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NS Default Offences under the Enlistment Act
The Enlistment Act 1970 (“Enlistment Act”) governs the law concerning NS. As the factual situations surrounding NS defaulters often overlap, NS defaulters may be charged under different sections of the Enlistment Act. For example, they may be:
- charged under Section 3 of the Enlistment Act for failing to report for registration for National Service and medical examination at the Central Manpower Base, Ministry of Defence (“CMPB”);
- charged under Section 9 of the Enlistment Act for failing to comply with a Further Reporting Order (“FRO”); or
- charged under Section 32 of the Enlistment Act for failing to return to Singapore before the expiry of his exit permit.
Such offences under the Enlistment Act are punishable under section 4 or section 33 of the Enlistment Act, which prescribe a punishment of a fine not exceeding $10,000 or an imprisonment term not exceeding 3 years or both.
Underlying Principles that Guide Sentencing of NS defaulters
When sentencing an offender who has defaulted on their NS, the core sentencing principle courts have reference to is general deterrence.[2] There is a strong interest in sending a message to potential offenders against defaulting on National Service given that serving NS is seen as necessary for national security.
The three fundamental principles affecting NS are:[3]
- National security – contributing directly to the security and defence of Singapore
- Universality – all young Singaporean males fit to serve are conscripted
- Equity – everyone is to be treated the same way regardless of background or status, and everyone who is required to serve NS must serve NS at around the same age
In practical terms, the three fundamental principles mean that to ensure Singapore’s national security, every male Singaporean must serve NS and at the time he is required to under the Act, without regard to his personal convenience and considerations.
The culpability of NS defaulters thus lie in the fact that while their peers make personal sacrifices to serve NS duly, they gain an unfair advantage by being able to pursue their personal goals.[4] If defaulters who serve NS when it is only convenient for them are not duly punished, resentment can breed amongst those who duly served even when it was inconvenient for them to do so, thereby lowering morale and eroding public support for NS.[5]
Calculation of Punishment for NS defaulters
Considering the above principles that underpin NS obligations, the following points are relevant in determining the appropriate sentence for NS defaulters:
1. The length of the defaulting period
The courts appear to take a more lenient view when the defaulting period is short, and when the defaulter does return to serve National Service. In Mohammed Ibrahim s/o Hamzah v Public Prosecutor [2015] 1 SLR 1081, the court ultimately imposed a $3000 fine, noting that the offender had returned to serve National Service after his initial failure to comply with the notice to register for National Service.[6]
Generally speaking, cases involving short periods of default of two years or less would generally not attract a custodial sentence, although each case must be considered in all its circumstances.
However, the Courts have clarified that subsequent exceptional performance during NS would not reduce any of the harm occasioned by an NS defaulter, neither would it reduce the NS defaulter’s culpability. This was because the NS defaulter would have already gained an unfair advantage over his peers in terms of the timing of his service.[7]
2. Whether the NS defaulter returns to Singapore after turning 40
On the other hand, the statutory maximum sentence of 36 months’ imprisonment should be the starting point in the sentencing of NS defaulters whose period of default was around 23 years or more.
The defaulter’s culpability increases if they return to Singapore after turning 40, i.e., when they can no longer serve NS. Given that Singaporeans have to serve post-ORD as well via reservist periods, defaulters who return when they can no longer serve default on the entirety of their NS obligations. These offenders would constitute the worst category of NS defaulters.[8]
For example, in the case of Sakthikanesh, the court meted out a near-maximum imprisonment term to the offender who defaulted from NS for nearly 24 years and had only returned after he could no longer serve.[9]
3. How the punishment should be calibrated
Overall, the rate of increase in sentence ought to be amplified with longer periods of default, to reflect the decline in a person’s physical fitness with age (and hence his ability to serve NS especially in a combat vocation), and to create a progressive disincentive for NS defaulters to delay their return to resolve their offences.
In addition, an NS defaulter who returns after more than ten years of default would unlikely be able to serve his post-ORD reservist obligations in full before he reaches the statutory age of 40. This warranted a spike in the sentence to be meted out to an NS defaulter once his period of default crosses the ten-year mark.
Conclusion
Taking a strong stance against NS defaulters is seen as a necessity in Singapore. Given the need to have operational-ready armed forces, regulating when Singaporeans have to serve NS promotes equity as it standardises the personal sacrifices made to serve NS. Punishments for NS defaulters therefore aim to send a strong signal to potential offenders.
Here at Eugene Thuraisingam Asia LLC, we understand that things may be challenging if you are faced with charges under the Enlistment Act. We are present and here to help you navigate this difficult time with our experience and expertise.
For further enquiries, feel free to reach out to us at +65 6557 2436. Our experienced lawyers will assist you as soon as we can.
We are grateful for the assistance of Tejyashri Jhanvi Rideshkumar in preparing the first draft of this article.
↑[1] Public Prosecutor v Sakthikanesh s/o Chidambaram [2017] 5 SLR 707 (“Sakthikanesh”) at [2].
↑[2] Sakthikanesh at [48].
↑[3] Sakthikanesh at [47].
↑[4] Sakthikanesh at [51].
↑[5] Sakthikanesh at [48].
↑[6] Mohammed Ibrahim s/o Hamzah v Public Prosecutor [2015] 1 SLR 1081 at [42].
↑[7] Sakthikanesh at [53].
↑[8] Sakthikanesh at [62]–[64].
↑[9] Sakthikanesh at [102].