American Citizen Receives Jail Time for Ignoring National Service in Singapore: A Family Story of Consequences

SINGAPORE: On October 7, 2023, Garrett Alexander Gan Kok Leng, a 40-year-old American citizen, was sentenced to nine weeks in jail for offenses related to his failure to fulfill National Service (NS) obligations in Singapore. His case has drawn attention not only for its legal implications but also because it highlights the complexities faced by individuals with dual or conflicting citizenship issues.

Born in the U.S., Gan lived there for most of his life but was recognized as a Singaporean citizen by descent due to his father's nationality. His troubles began when, under the Enlistment Act, he was required to serve NS after turning 16. Although he registered in February 2002 and was deemed fit for service by April 2003, he failed to respond to enlistment notices and subsequently left Singapore in May 2003 without obtaining a valid exit permit.

The court heard that Gan's absence lasted over three years. After failing to take the required oath of renunciation of his American citizenship by his 21st birthday, he automatically lost his Singapore citizenship. His lawyer, Danny Quah, argued that Gan had no malicious intent regarding his NS obligations and believed his obligations were nullified after his citizenship lapse.

Interestingly, this isn't the first time the Gan family has faced legal issues concerning NS. Gan's brother has also served time for similar offenses, highlighting a troubling family pattern regarding compliance with Singapore law. In a heart-wrenching detail, Gan's mother passed away during this legal dispute, adding an emotional weight to the case.

Deputy Public Prosecutor Timotheus Koh emphasized in court that Gan consciously disregarded his NS obligations, indicating a pattern of avoidance. He stated that Gan had ample opportunity to clarify his legal standing concerning NS during his repeated stays in Singapore, yet he chose not to engage with the Ministry of Defence.

Gan’s defense painted a picture of a man caught in a complex web of nationality and legal obligations. Mr. Quah asserted that Gan believed he was acting within his rights, especially as he had returned to Singapore multiple times without encountering legal repercussions. This could suggest a misunderstanding of the laws governing dual citizenship and enlistment, combined with a lack of proactive communication with the authorities on his part.

The ruling adds to a growing list of individuals sentenced for NS defaulting offenses in Singapore. Since the introduction of stricter sentencing protocols for NS defaulters in 2017, a total of 27 individuals have faced jail time, indicating the government’s firm stance on enforcing national service obligations. A MINDEF spokesperson reiterated the necessity for all Singaporeans to adhere to NS duties, emphasizing fairness and equality in service commitments.

This case raises important questions about the intersection of citizenship, national duties, and individual circumstances. It serves as a cautionary tale for others who might find themselves in similar predicaments, underscoring the need for greater awareness and understanding of one’s legal responsibilities, particularly for those straddling two different nationalities.