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NS defaulter fined $5,000 but skips jail term
Singapore, July 22, 2010- THE High Court yesterday set aside the jail term given to a National Service (NS) defaulter and fined him $5,000 instead.
Seow Wei Sin was born a Singapore citizen, but in 1963 - when he was just a year old - his parents moved to Terengganu, Malaysia, with him.
He lived in Malaysia and did not set foot here from the late 1970s. The issue of his NS obligation arose in 2008, when, at age 47, he applied for a Singapore passport.
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He returned here last year and was arrested for failing to fulfil his NS liability by having remained outside Singapore for 23 years without an exit permit.
In March, he pleaded guilty in a district court to one count under the Enlistment Act and was given 18 months' jail.
Both prosecution and defence appealed.
Yesterday, Justice Chao Hick Tin noted that Seow was taken away at the age of one and had lived in Malaysia, save for a few visits as a teen.
The appeal judge said he did not think a jail term was warranted, considering past cases. He will issue his written judgment later.
Seow's lawyer, Mr Tan Jee Ming, had argued that, since a High Court decision in 1993, fines have been meted out to NS defaulters; only those with aggravating factors such as repeat offences or past criminal records have been jailed. Controversy arose in 2005 when pianist Melvyn Tan was fined $3,000 for defaulting on NS during his 28 years away.
In 2006, Defence Minister Teo Chee Hean reiterated the tough stand against NS defaulters; the maximum fine was raised to $10,000.
Yesterday, Seow's lawyer argued that the district judge who jailed his client had erred in placing weight on that statement, which came after his client's failure to enlist between May 1978 and August 2001.
The lawyer argued that Seow had believed that his father had taken care of his NS matters, and he had not gained any benefit from Singapore.
But Deputy Public Prosecutor Chay Yuen Fatt, pressing for jail time, asked for the term to be brought closer to the maximum of three years.
He argued that, since Seow cannot be called up for NS now because he is past 40, he has effectively evaded NS entirely.
Singapore, July 22, 2010- THE High Court yesterday set aside the jail term given to a National Service (NS) defaulter and fined him $5,000 instead.
Seow Wei Sin was born a Singapore citizen, but in 1963 - when he was just a year old - his parents moved to Terengganu, Malaysia, with him.
He lived in Malaysia and did not set foot here from the late 1970s. The issue of his NS obligation arose in 2008, when, at age 47, he applied for a Singapore passport.
Click here to find out more!
He returned here last year and was arrested for failing to fulfil his NS liability by having remained outside Singapore for 23 years without an exit permit.
In March, he pleaded guilty in a district court to one count under the Enlistment Act and was given 18 months' jail.
Both prosecution and defence appealed.
Yesterday, Justice Chao Hick Tin noted that Seow was taken away at the age of one and had lived in Malaysia, save for a few visits as a teen.
The appeal judge said he did not think a jail term was warranted, considering past cases. He will issue his written judgment later.
Seow's lawyer, Mr Tan Jee Ming, had argued that, since a High Court decision in 1993, fines have been meted out to NS defaulters; only those with aggravating factors such as repeat offences or past criminal records have been jailed. Controversy arose in 2005 when pianist Melvyn Tan was fined $3,000 for defaulting on NS during his 28 years away.
In 2006, Defence Minister Teo Chee Hean reiterated the tough stand against NS defaulters; the maximum fine was raised to $10,000.
Yesterday, Seow's lawyer argued that the district judge who jailed his client had erred in placing weight on that statement, which came after his client's failure to enlist between May 1978 and August 2001.
The lawyer argued that Seow had believed that his father had taken care of his NS matters, and he had not gained any benefit from Singapore.
But Deputy Public Prosecutor Chay Yuen Fatt, pressing for jail time, asked for the term to be brought closer to the maximum of three years.
He argued that, since Seow cannot be called up for NS now because he is past 40, he has effectively evaded NS entirely.
