American citizen jailed for NS defaulting offences, brother faced similar charges

SINGAPORE: An American citizen was sentenced to nine weeks’ jail on Monday (Oct 7) for offences linked to defaulting on National Service (NS) obligations.

Garrett Alexander Gan Kok Leng, 40, was born in the United States and lived there for most of his life, said his lawyer Mr Danny Quah from CHP Law.

As his father was Singaporean, he was certified a Singapore citizen by descent.

Gan pleaded guilty to two charges under the Enlistment Act for remaining outside Singapore for a total of more than three years without a valid exit permit, from May 31, 2003 to Sep 28, 2006.

Another two charges were taken into consideration.

The court heard that Gan turned 16-and-a-half in March 2001 and became subject to the Enlistment Act.

He registered for National Service in February 2002 and was found fit for service in April 2003.

When he turned 18 in September 2002, an enlistment notice was issued to his registered address in Singapore, requiring him to report for enlistment in October 2003.

However, he did not show up. An enlistment inspector conducted a house visit at Gan’s Singapore address and issued an enlistment notice which Gan’s mother acknowledged.

The notice required Gan to report for enlistment the next day, but he again did not show up.

Investigations revealed that Gan left Singapore in May 2003 without a valid exit permit. He remained outside Singapore without permission until Sep 28, 2006.

On Sep 29, 2006, as Gan did not renounce his US citizenship and take the oath of renunciation, allegiance and loyalty within 12 months of turning 21, he automatically lost his Singapore citizenship, said his lawyer.

Deputy Public Prosecutor Timotheus Koh said Gan “did not voluntarily surrender”. He was arrested on Jan 22 this year at Changi Airport.

“He was aware that he had outstanding issues pertaining to his NS obligations but did not report to, or otherwise obtain clarification from the Ministry of Defence on his NS obligations during the abovementioned periods and up until his arrest,” said Mr Koh.

“He did not serve his NS obligations at all.”

Mr Koh sought a jail term of nine to 10 weeks for Gan, while defence lawyer Mr Quah asked for nine weeks.

SPENT MOST OF HIS CHILDHOOD IN US: LAWYER

Mr Quah said Gan spent the majority of his childhood in the US before moving to Singapore with his parents around June 1994.

In June 2003, Gan left Singapore to stay in the US, said Mr Quah.

He said Gan applied for short term visa passes with the Immigration and Checkpoints Authority (ICA) to stay in Singapore and care for his father when he suffered a stroke.

“Mr Gan did not leave Singapore to avoid serving his NS obligations, neglecting his duty while pursuing his own interests,” said Mr Quah. “Rather, he left Singapore for the US where he was a citizen since birth.”

The lawyer added that Gan has “never enjoyed the benefits of a Singapore passport” since he was never issued one.

“As Mr Gan was born in the US, he possessed a US passport and used his US passport to travel. Each time he entered Singapore, he was treated as a foreigner,” said Mr Quah.

He said his client was not intentionally trying to evade the authorities, but that he had the mistaken belief that any NS obligations he may have had as a Singaporean were “extinguished” after ICA renounced his citizenship in September 2006.

“This belief was reinforced by the fact that he had entered and exited Singapore multiple times without any issues,” said the lawyer. 

“It was only when he was detained at Changi Airport while he was trying to leave Singapore on Jan 22, 2024 that he was informed of the enlistment notices served to his address and that he was being investigated for offences committed under the Enlistment Act.”

Mr Quah added that Gan’s mother had died, and that his brother spent some time in jail for similar defaulting offences.

“It’s one of those unfortunate situations that seem to have fallen through the cracks,” said Mr Quah. 

In sentencing, the judge said the offender’s situation might appear peculiar to him, but other offenders may have experienced this same situation.

Still, he noted Gan’s surrender and early plea of guilt and imposed a sentence at the “low end” of the range.

In a statement to the media, a spokesperson for MINDEF said the total number of defaulters sentenced to jail is 27, including Gan, since the High Court sentencing framework for NS defaulters was set out in 2017.

MINDEF said it “takes a firm stand against those who commit offences under the Enlistment Act”.

“All male Singapore citizens and permanent residents have a duty to serve NS, and 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 the spokesperson.

“If we allow Singapore citizens or PRs who are overseas to evade 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.”