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.
What happens if he is overseas at the age of 18 because he has
somehow not enlisted into the SAF? He will then be a legal adult
according to the definition of "legal adult" in Singapore and/or
the foreign jurisdiction. Will he then be able to renounce it? What
if a foreign jurisdiction, that he will come under, allows him to
renounce it regardless of adult status?
Secondly, assuming he has no elective rights of his own, his
parents exercised his elective rights on his behalf and brought him
into Singapore citizenship. Why can't they similarly exercise them
to bring him out of it?
This passage I reallty don't understand. If 1/3 of PRs have left
Singapore before doing NS rather than do it, what way out have they
taken?
Thirdly, who knows. He might be the world's first refugee or
asylum seeker who takes refuge in China. Which would be
hypocritical because China in theory has conscription which is
never practiced.
