PR Foreigner avoid NS after leeching Sg's system

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PR Foreigner avoid NS after leeching Sg's system

Postby caroline3sg » Thu Dec 01, 2011 2:15 pm

http://forums.asiaone.com/showthread.php?t=45063

http://www.zaobao.com.sg/sp/sp111129_004.shtml

PR Foreigner avoid NS after leeching Sg's system


This is the type of PR/converted citizens that the Singapore Govt loves - one who takes all the benefits available to citizens, but yet when it is time for him to fulfil his obligations, he will try his best to avoid. Will the Singapore Govt ever learn?

The Immigration & Checkpoint Authority (ICA) has rejected the application of Zhang Junyi to denounce his Singapore citizenship, citing that he is not yet a legal adult. In addition, the ICA also reminded Zhang of his National Service obligation when he becomes 18 year-old. In response, Zhang sought a judicial review on ICA's decision.

Zhang Junyi filed his request to the Supreme Court through his father Zhang Shaowei. Zhang Junyi was represented by lawyer Lee Jing Xiong who asked the Supreme Court to review the decision of the ICA and the Ministry of Defence on Zhang Junyi's case.

Zhang Junyi urged the Court to rule that he is eligible to renounce his Singapore citizenship, he doesn't qualify for national service, and that his notice to the ICA last year which declared his intention to renounce citizenship is valid.

Zhang Junyi is due for National Service registration soon. He is currently on an exit permit which cleared him for overseas studies. The exit permit will expire on 30 December 2011. The law requires males eligible for National Service to register with the Ministry of Defence when they turn 16.5 years old.

Zhang Junyi's parents Zhang Shaowei and Liang Jiali emigrated to Singapore in January 1996. They converted to Singapore citizenship, along with Zhang Junyi's 2 elder sisters. 2 months after gaining citizenship, they moved to Hongkong.

Zhang Junyi was borned in Hongkong 3 months after his family moved there. Subsequently, Zhang Junyi was granted Singapore citizenship the following Febraury. He lived in Hongkong until he returned to Singapore in 2005 at the age of 10 to study.

In August 2010, Zhang Junyi applied to Hongkong Department of Immigration to restore his Chinese citizenship. Although the Department accepted his application, it was conditional that he relinquishes his Singapore citizenship. 4 months later, Zhang Junyi notified the ICA of his intention to renouce his Singapore citizenship.

However. the ICA rejected his application, citing Section 1, Article 128 of the Singapore Constitution that a citizen can only give up his citizenship when he is above 21 years old and that parents may not make such a decision for the child. The ICA also added that according to Section 2, Article 128 of the Singapore Constitution, Zhang Junyi is obligated to complete his National Service as long as he remains a Singapore citizen.

The Central Manpower Base (CPMB) also suggested that Zhang Junyi should postpone his application for change of citizenship until he has turned 21 years old and that he has completed his National Service. CMPB will consider his application.

In response, Zhang Junyi described the constitutional interpretation of the ICA and the CMPB as "illogical and unfair", citing 3 points. Firstly, the Singapore citizenship was imposed on him because his parents emigrated to Singapore.

Secondly, he is not a 100% citizen because he will only be accorded with full citizenship rights as soon as he relinquished other citizenships within a year after he turned 21 years old. As such, the aforementioned constitutional provisions are irrelevant.

Thirdly, the Enlistment Act does not apply on him because he was less than 16 years old when he first declared his intention to ICA to renounce his Singapore citizenship.

The Attorney General's Chamber (AGC) was notified of the application for judicial review in the middle of November by Zhang Junyi's lawyer Mr Lee Jing Xiong. The pre-conference trial starts today.

Expert: "Interesting" Judicial Review

Constitutional law expert Dr Kevin Tan told Zaobao this would be an "interesting" judicial review. He also pointed out that the Courts rarely take on cases which involve citizenship rights because very few people would submit such issues to the Courts.

He also added that Zhang Junyi may not succeed in securing a judicial review because both the ICA and the CMPB did not act wilfully or irregularly, and as well as exceed their jurisdictions.

Dr Kevin Tan said that Article 128 of the Singapore Constitution appears absolute and that only Singaporeans above the age of 21 are eligible to renounce their citizenship.

Few days ago, Minster of Defence Dr Ng Eng Hen revealed in Parliament 8800 sons of new immigrants had been enlisted for National Service over the last five years. Among them, 6100 (70%) opted to become Singapore citizens.

However, among second-generation permanent residents, 4200 gave up their permanent residency over the same period. In another words, for every three sons of permanent residents, two would enlist while one would give up his permanent residency status in order to forgo national service.

caroline3sg
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Re: PR Foreigner avoid NS after leeching Sg's system

Postby 3Boys » Thu Dec 01, 2011 8:45 pm

Well, if this is one case out of many thousands (new citizens, not PR), then I think we are doing ok. Then for that first statement to be made (this is the type that the g'mnt loves) is plain unfair as the ICA has clearly turned down his request. I.e., should the government then reverse the policy completely when many thousands who do convert, and eventually fulfil their commitments, on the account of a few who do not?

Some balance here please, do not throw the baby out with the bathwater.

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby limlim » Fri Dec 02, 2011 8:50 am

All the young PRs should sign a bond or something.. if they give up the citizenship after turning 21yo, forfeit the bond.

Allowing Free leeching is just so injustice to citizens....

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby CloudeeDaz » Fri Dec 02, 2011 9:20 am

3Boys wrote:....the type that the g'mnt loves) is plain unfair as the ICA has clearly turned down his request. I.e., should the government then reverse the policy completely when many thousands who do convert, and eventually fulfil their commitments, on the account of a few who do not?

Some balance here please, do not throw the baby out with the bathwater.


agreed!

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby caroline3sg » Fri Dec 02, 2011 9:22 am

3boys
Regarding the first statement "this is the type the govt loves", I think the writer meant the reverse, in a sarcastic manner. The last statement from the same first para "will the S'pore govt ever learn?" supports this sarcastic remark.

I think many will be interested to know the outcome of the judicial review.

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby tankee » Fri Dec 02, 2011 11:49 am

I say let him go!

Just make him pay back whatever benefits he has gained before letting him go.

His heart is not here anyway.

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby pinball » Fri Dec 02, 2011 12:20 pm

I agree with you tankee, no point making him stay


tankee wrote:I say let him go!

Just make him pay back whatever benefits he has gained before letting him go.

His heart is not here anyway.

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby atrecord » Fri Dec 02, 2011 2:52 pm

Not only is his heart not here, but he has parents who will exploit whatever they could to their benefits. Make them pay back, and pay lots...

But I suspect he will not have a chance, and will have to do NS. I had a platoon mate who had to endure it even though he wanted to emigrate with his mother (who was already there) to Australia. If that's the case, he better pray that his trainers and platoon mates do not learn about his 'case', else he'll likely have it bad...

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby 3Boys » Fri Dec 02, 2011 5:01 pm

tankee wrote:I say let him go!

Just make him pay back whatever benefits he has gained before letting him go.

His heart is not here anyway.


In a way, I agree, don't think I really care for someone who does not want to commit after so long here. But his case is not common, we should not taint everyone with the same brush. Even born and bred Singaporeans skip town without doing NS, does not mean we should stop having babies, yes?

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Re: PR Foreigner avoid NS after leeching Sg's system

Postby verykiasu2010 » Sat Dec 03, 2011 8:23 am

3Boys wrote:
tankee wrote:I say let him go!

Just make him pay back whatever benefits he has gained before letting him go.

His heart is not here anyway.


In a way, I agree, don't think I really care for someone who does not want to commit after so long here. But his case is not common, we should not taint everyone with the same brush. Even born and bred Singaporeans skip town without doing NS, does not mean we should stop having babies, yes?


alamak, your posting jolted my memory of people I know who literally absconded from NS after being sent to overseas on gov't scholarship and now taken up foreign citizenship but not able to renounce SG citizenship.....else get arrested .....
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