SINGAPORE – On Tuesday, April 28, 2026, prosecutors at the Singapore State Courts pushed for the maximum three-year prison sentence against Edmond Yao Zhi Hai, a 47-year-old dual citizen of Singapore and Indonesia, for skipping his mandatory National Service (NS) in 1997 because he feared losing his Indonesian nationality.
This historic trial revolves around a highly unusual conflict between the laws of two neighboring countries. Yao was born in Singapore in 1978. His family background is mixed; he has a Singaporean mother and an Indonesian father.
While his father successfully secured Indonesian citizenship and an official passport for him, his mother also legally registered him as a citizen of Singapore when he was still a minor. Consequently, Yao grew up deeply rooted in Singapore, attending prominent local schools like Catholic High School, Raffles Institution, and Raffles Junior College between 1984 and 1996.
However, the major turning point occurred when Yao was officially called to enlist for full-time National Service in January 1997. According to his defense team, Indonesian law strictly prohibits its citizens from serving in any foreign military force.
Therefore, if Yao had enlisted in Singapore’s armed forces, he would have instantly and permanently lost his Indonesian citizenship. Faced with this massive life choice, he decided not to report for duty.
The Defense: A Plea for Fairness
During the ongoing trial proceedings, Yao’s defense lawyers, Sunil Sudheesan and Joyce Khoo, strongly argued for a financial fine rather than prison time. Sudheesan described the situation as incredibly unique.
He stated that Yao did not run away or act like a fugitive. Instead, Yao lived openly, traveling in and out of Singapore using his Indonesian passport, and clearly explaining his situation whenever authorities asked him.
The defense team presented several key arguments to the judge:
- Fear of Losing Citizenship: Serving in Singapore would have forced Yao to forfeit his birthright Indonesian nationality, which they argued was an unfair burden.
- Lack of Government Follow-Up: The lawyers pointed out that Singapore’s Central Manpower Base (CMPB) did not send Yao any official letters after 1997. They suggested that both the military and immigration authorities knew about his dual citizenship but failed to take early action.
- No Risk of Repeated Offenses: Since Yao is now 47 years old, he is well past the legal age limit to serve in the military. Therefore, a harsh deterrent sentence serves no practical purpose.
Furthermore, Sudheesan powerfully argued that sending Yao to jail completely disrespects his personal desire to keep his Indonesian citizenship, and by extension, shows a lack of respect for Indonesia itself.
Singapore Prosecution: Upholding the Rule of Law
On the other hand, prosecutors took a very strict approach. They demanded the maximum penalty of three years in prison for the enlistment charge, alongside a S$3,000 fine for separate immigration offenses.
Deputy Public Prosecutor Tay Jia En quickly rejected the defense’s idea that enforcing Singapore law was a sign of disrespect to Indonesia. He clearly stressed that Yao is a Singaporean citizen and must follow local laws. Consequently, he called the dual citizenship argument completely irrelevant as an excuse for breaking the law.
The prosecution highlighted the extreme severity of the evasion. They pointed out that Yao showed absolutely no remorse for his actions. Moreover, they accused Yao of trying to drag government agencies through the mud to cover up his own choices.
District Judge James Elisha Lee ultimately convicted Yao. The judge completely threw out the defense’s main argument that Yao genuinely believed Singapore viewed him only as a foreign Indonesian citizen. Because the CMPB had informed Yao of his military duties from the very beginning, the judge firmly ruled that Yao could not claim he acted in good faith or out of ignorance.
Additionally, the judge explained that failing to enlist is a strict liability offense. In simple terms, this means personal intentions do not change the fact that a crime happened. The prosecution only had to prove that the action occurred—they did not need to prove Yao had a malicious reason for skipping his duty.
Before the court heard the final arguments for his sentence, Yao officially pleaded guilty to his outstanding immigration charges. Currently, Judge Lee has postponed the final sentencing decision until May, as he needs time to carefully review the strong arguments from both sides.
For more details on the original trial, please refer to the report by Channel NewsAsia.
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