Privación — deslealtad / tiempo de guerra / condena grave

Escenarios de ejemplo

Los escenarios de ejemplo se muestran en inglés.

• Exposed to deprivation under Art 129(3)(b)(i). Because, within 5 years after registration, he was sentenced in any country to imprisonment of not less than one year (18 months qualifies) without a free pardon, the Government may by order deprive him of citizenship. The Art 129(7) statelessness bar applies to clause (3)(b)(i). Procedure runs via Art 133 committee of inquiry.

  Art 129(3)(b)(i) (SG-E2-018): deprivation of a citizen by registration or naturalisation who 'has, within the period of 5 years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than one year or to a fine of not less than $5,000... and has not received a free pardon.' Art 129(7) statelessness bar extends to clause (3)(b)(i). 'May' = discretionary; the Government must also be satisfied it is 'not conducive to the public good' that he remain a citizen (Art 129(7)). Procedure Art 133 (SG-E2-025; cf. MHA Lan Shili practice, SG-SRC-026).

• Exposed to deprivation under Art 129(3)(b)(ii) — engagement at ANY time after registration/naturalisation in activities prejudicial to security/public order/essential services, or criminal activities prejudicial to public safety, peace or good order. Unlike the (b)(i) ground, this has no 5-year window. The Government may by order deprive him via Art 133. Note: the Art 129(7) statelessness bar does NOT extend to clause (3)(b)(ii).

  Art 129(3)(b)(ii) (SG-E2-018): deprivation where, 'at any time after registration or naturalisation,' the citizen engaged in activities prejudicial to the security of Singapore, public order, essential services, or in criminal activities prejudicial to public safety, peace or good order. Reflects MHA match-fixing-syndicate practice (SG-SRC-027). Art 129(7) lists the statelessness-protected grounds as (2)(b), (3)(a), (3)(b)(i), (4), (5) and Art 130 — notably (3)(b)(ii) is NOT in that protected list, so deprivation may proceed even if it renders him stateless. Procedure Art 133. Discretionary + 'not conducive to public good'.

• Exposed to deprivation under Art 129(3)(a)(i) — disloyalty/disaffection by act or speech. This ground reaches NATURALISED citizens only (not citizens by registration). The Government may by order deprive him via the Art 133 procedure. The Art 129(7) statelessness bar applies to clause (3)(a).

  Art 129(3)(a)(i) (SG-E2-017): the Government may deprive 'any person who is a citizen of Singapore by naturalisation' who 'has shown himself by act or speech to be disloyal or disaffected towards Singapore.' This limb is naturalised-only (contrast (3)(b), which reaches registration OR naturalisation). Art 129(7) statelessness bar extends to (3)(a). Procedure Art 133; 'may' discretionary; 'not conducive to public good' threshold. Birth/descent citizens are NOT subject to Art 129 (SG-E1-026).

• Exposed to deprivation under Art 129(4) — acceptance of a foreign-government office/post/employment requiring an oath/affirmation/declaration of allegiance, without Government approval. Naturalised-only ground. Subject to the proviso that nothing done before the Constitution's commencement counts. The Government may by order deprive her via Art 133. The Art 129(7) statelessness bar applies to clause (4).

  Art 129(4) (SG-E2-019): deprivation of a naturalised citizen who 'without the Government's approval, has accepted, served in or performed the duties of any office, post or employment under the government of any foreign country... where an oath, affirmation or declaration of allegiance is required'; proviso: no deprivation for anything done before commencement of the Constitution. Art 129(7) statelessness bar extends to clause (4). Procedure Art 133; discretionary; 'not conducive to public good' threshold.

• He CANNOT be deprived of citizenship on the basis of the conviction. Articles 129, 134 and 135 deprivation grounds apply ONLY to citizens by registration or naturalisation (and Art 134/135 to all citizens for the specific foreign-citizenship/foreign-rights grounds, but NOT a domestic conviction). A citizen by birth is not subject to the Art 129(3) conviction-based deprivation. His birth citizenship is secure against this ground.

  Art 129(1) (SG-E1-026): deprivation under Art 129 reaches 'a citizen by registration or by naturalisation' only. The conviction-based grounds in Art 129(3)(b)(i) are confined to registered/naturalised citizens. A citizen by birth is NOT subject to Art 129 deprivation. Birth and descent citizenship are more secure against involuntary loss (SG-E1-026) — the principal exceptions being the cease-at-22 election for minor descent/registered citizens (Arts 122(4)/126(3)) and the all-citizen Art 134/135 foreign-citizenship/foreign-rights grounds, none of which is engaged by a purely domestic conviction. This is a disconfirmation of any 'criminal conviction strips birthright citizenship' assumption.

• Exposed to deprivation under Art 129(3)(b)(i) via the FINE limb. A fine of not less than $5,000 (or foreign-currency equivalent) within 5 years of naturalisation, without a free pardon, satisfies the ground equally with the 1-year-imprisonment limb. The Government may by order deprive him via Art 133. The Art 129(7) statelessness bar applies to clause (3)(b)(i).

  Art 129(3)(b)(i) (SG-E2-018): deprivation where within 5 years after registration/naturalisation the citizen 'has been sentenced in any country to imprisonment for a term of not less than one year OR to a fine of not less than $5,000 or the equivalent in the currency of that country, and has not received a free pardon.' The S$6,000 fine meets the threshold. Art 129(7) statelessness protection extends to (3)(b)(i). Procedure Art 133; discretionary; 'not conducive to public good.' (NS liability is a separate matter governed by the Enlistment Act and Art 131.)