Translated by Donaldson Tan
This is a non-verbatim translation of Zaobao report 《坡公民权被拒 在港出世少年申请司法检讨》 by Zheng Jing-Yu dated 29 November 2011.
Basic Military Training - The First Phase of National Service for every Enlistee
距离办理国民服役登记手续还有一年，在香港出世的少年要放弃新加坡公民权。可是，移民与关卡局以他未满21岁为由，拒绝受理。此外，该局提醒少年在18岁时得入伍服役。少年不满该局的决定，向高庭申请司法检讨。
少年张俊逸是在本月初通过父亲张少伟（55岁）向高庭提出这项罕见的申请。他由李经雄律师代表，要求法庭检讨移民与关卡局和国防部中央人力局的决定。
张俊逸促请法庭裁定他可以放弃新加坡公民权、他在去年向移民与关卡局表明放弃公民权的通知有效以及他无须服役。
张俊逸在下个月满16岁半，即适龄办理国民服役登记手续。他目前持有国防部发出的出国求学准证，准证在下月30日到期。
生于香港的张俊逸，因父母张少伟和梁嘉丽（51岁）在1995年1月入籍新加坡而拥有中国和新加坡双重国籍。他的两个姐姐（目前21岁和18岁）与他父母同时成为新加坡公民。
张少伟一家四口在取得新加坡国籍的两个月后回返香港居住，张俊逸在三个月后出世。后者隔年2月取得新加坡公民权，但在香港生活和求学直到2005年10岁时才来新念书。
张俊逸在去年8月向香港入境事务处申请恢复中国国籍。入境事务处接受他的申请，但条件是他必须出示文件证明他已放弃新加坡国籍。四个月后，张俊逸向新加坡移民与关卡局表明，他要放弃新加坡公民权。
然而，移民与关卡局拒绝受理他的申请。该局回复他时引述宪法第128（1）节条文说，新加坡公民必须满21岁才能放弃国籍，父母也不得代孩子作主。
与此同时，移民与关卡局引述宪法第128（2）节条文，提醒张俊逸在未放弃公民权前，必须与其他适龄的男性公民一样在18岁时开始履行国民服役义务。
中央人力局则提议张俊逸申请延后服役，直到他满21岁放弃我国国籍。该局表明会考虑他的要求。
然而，张俊逸认为移民与关卡局和中央人力局对宪法解读错误，决定也“不合理和不正当”。
他指出，他是因父母入籍而获得新加坡公民权，并须在满21岁后的一年内放弃其他国籍才能享有新加坡公民的所有权利，所以他不是“百分百”的公民。基于此，有关服役的宪法条文不适用于他。
不仅如此，张俊逸也说，当他在去年表明放弃我国公民权时未满16岁半，所以也不受限于国民服役征召法令。
李经雄律师在本月中旬把司法检讨申请书传递给代表政府的总检察长，后者有待回应。这起申请定于今天进行审前会议。
宪法专家陈有利：“有趣”的申请
宪法专家陈有利博士昨天受访时形容这是一起“有趣”的申请。他指出，有关公民权的事件鲜少由法庭审理，因为没有多少人会把这类事件呈堂。
他认为，这起司法检讨申请不一定成功，因为移民与关卡局和中央人力局没有越权行事，也没有任意而为或行为不合理。
陈有利博士也说，宪法第128节看起来是绝对的，任何一个新加坡公民显然只能在满21岁以后才能放弃公民权。
另一方面，国防部长黄永宏医生日前在国会上透露，约有8800名新移民的儿子在过去五年里入伍服兵役。其中，约6100人（70％）最终成为我国公民。
不过，在服兵役前放弃永久居民资格的新移民第二代在同时期里有4200人。换言之，每三个新移民的儿子当中，有两个履行国民服役，另一个则不要入伍当兵，愿意放弃永久居民的资格。
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Boy seeks judicial review after ICA rejected his application to renounce Singapore citizenship
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 Junyi 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 application with 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 years 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 (CMPB) proposed 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 relinquishes other citizenships he holds 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-trial conference 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 they did not 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.
