About withdrawing someone’s citizenship

It would be good, therefore, if before we talk about withdrawing anyone’s Malaysian citizenship we clarify how it is going to be done and what happens after it is done. If not it might give the impression that we do not really know what we are talking about.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

There have been many calls for this person’s or that person’s citizenship to be withdrawn. I think before we ask for that to be done we should first of all familiarise ourselves with Malaysia’s Constitution (which you can read below) to make sure we know what we are talking about -- especially the lawmakers who should know the Constitution by heart (or else they do not qualify to be a lawmaker).

I suppose if we want to consider withdrawing someone’s citizenship then we would have to look at Article 25(1)(a) of the Constitution: The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied that he has shown himself by act or speech to be disloyal or disaffected towards the Federation.

Now, first of all, who or which is the authority that is empowered to define whether someone’s act or speech is disloyal or disaffected towards the Federation? Is it the Minister under whom Internal Security and/or the National Registration Department comes under? Or would that person first have to be charged in court and only after the court pronounces this person guilty can that person’s citizenship be withdrawn? And which section of the law would this charge come under?

Next, what are the acts and statements that would be considered disloyal or disaffected towards the Federation? Is this subject to the Minister’s or the Attorney General’s interpretation? For example, if I give a talk in the UK and I make a statement saying that Malaysia is not a democracy, can the Minister or AG say that this can be interpreted as economic sabotage since my statement will discourage foreigners from investing in Malaysia and hence I am ruining Malaysia’s economy (which means that this is an act of disloyalty)?

Thirdly, once someone’s citizenship has been withdrawn, what do we do with that person? That person is no longer a Malaysian citizen and will no longer possess a Malaysian identity card, which means that that person cannot be allowed to remain in Malaysia any longer. That person must leave the country.

However, that person will also not possess a Malaysian passport (the Malaysian passport will be cancelled since that person is no longer a Malaysian citizen). Hence that person cannot leave the country since that person will not be allowed to travel or will not be allowed into another country without a passport. In short, that person is now stateless. So what do we do? That person cannot remain in Malaysia and at the same time that person cannot leave Malaysia.

It would be good, therefore, if before we talk about withdrawing anyone’s Malaysian citizenship we clarify how it is going to be done and what happens after it is done. If not it might give the impression that we do not really know what we are talking about.

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CONSTITUTION OF MALAYSIA

PART III - CITIZENSHIP

Chapter 2 - Termination of Citizenship

Article number: 23

23.

• Any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the Federation by declaration registered by the Federal Government, and shall thereupon cease to be a citizen.

• (2) A declaration made under this Article during any war in which the Federation is engaged shall not be registered except with the approval of the Federal Government.

• (3) This Article applies to a woman under the age of twenty-one years who has been married as it applies to a person of or over that age.

Article number: 24

• (1) If the Federal Government is satisfied that any citizen has acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship.

• (2) If the Federal Government is satisfied that any citizen has voluntarily claimed and exercised in any country, being rights accorded exclusively to its citizens, the Federal Government may by order deprive that person of his citizenship.

• (3) (Repealed)

        • (3A) Without prejudice to the generality of Clause (2), the exercise of a vote in any political election in a place outside the Federation shall be deemed to be the voluntary claim and exercise of a right available under the law of that place; and for the purposes of Clause (2), a person who, after such date as the Yang di-Pertuan Agong may by order appoint for the purposes of this Clause -

       • (a) applies to the authorities of a place outside the Federation for the issue or renewal of a passport; or

       • (b) uses a passport issued by such authorities as a travel document,

       • shall be deemed voluntarily to claim and exercise a right available under the law of that place, being a right accorded exclusively to the citizens of that place.

• (4) If the Federal Government is satisfied that any woman who is a citizen by registration under Clause (1) of Article 15 has acquired the citizenship of any country outside the Federation by virtue of her marriage to a person who is not a citizen, the Federal Government may by order deprive her of her citizenship.

Article number: 25

(1) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied -

      • (a) that he has shown himself by act or speech to be disloyal or disaffected towards the Federation;

      • (b) that he has, during any war in which the Federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or

      • (c) that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced.

• (1A) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied that without the Federal Government's approval, he has accepted, served in, or performed the duties of any office, post or employment under the Government of any country outside the Federation or any political sub-division thereof, or under any agency of such a Government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:

Provided that a person shall not be deprived of citizenship under this Clause by reason of anything done before the beginning of October 1962, in relation to a foreign country, and before the beginning of January 1977, in relation to a Commonwealth country, notwithstanding that he was at the time a citizen.

• (2) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalization if satisfied that he has been ordinarily resident in countries outside the Federation for a continuous period of five years and during that period has neither -

       • (a) been at any time in the service of the Federation or of an international organization of which the Federal Government was a member; nor

       • (b) registered annually at a consulate of the Federation his intention to retain his citizenship:

provided that this Clause shall not apply to any period of residence in any Commonwealth country before the beginning of January 1977.

• (3) (Repealed)

Article number: 26

• (1) The Federal Government may by order deprive of his citizenship any citizen by registration or by naturalization if satisfied that the registration or certificate of naturalization -

        • (a) was obtained by means of fraud, false representation or the concealment of any material fact; or

        • (b) was effected or granted by mistake.

• (2) The Federal Government may by order deprive of her citizenship any woman who is a citizen by registration under Clause (1) of Article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of the marriage.

• (3) (Repealed).

• (4) (Repealed).

Article number: 26a

Where a person has renounced his citizenship or been deprived thereof under Clause (1) of Article 24 or paragraph (a) of Clause (1) of Article 26, the Federal Government may by order deprive of his citizenship any child of that person under the age of twenty-one who has ben registered as a citizen pursuant to this Constitution and was so registered as being the child of that person or of that person's wife or husband.

Article number: 26b

• (1) Renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen.

• (2) No person shall be deprived of citizenship under Article 25, 26 or 26A unless the Federal Government is satisfied that it is not conducive to the public good that he should continue to be a citizen: and no person shall be deprived of citizenship under Article 25, paragraph (b) of Clause (1) of Article 26, or Article 26A if the Federal Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

Article number: 27

• (1) Before making an order under Article 24, 25 or 26, the Federal Government shall give to the person against whom the order is proposed to be made notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.

• (2) If any person to whom such notice is given applies to have the case referred as aforesaid the Federal Government may, refer the case to a committee of inquiry consisting of a chairman (being a person possessing judicial experience) and two other members appointed by that Government for the purpose.

• (3) In the case of any such reference, the committee shall hold an inquiry in such manner as the Federal Government may direct, and submit its report to that Government: and the Federal Government shall have regard to the report in determining whether to make the order.

Article number: 28

• (1) For the purposes of the foregoing provisions of this Chapter -

        • (a) any person who before Merdeka Day became a federal citizen or a citizen of the Federation by registration as a citizen or in consequence of his registration as a citizen or in consequence of his registration as the subject of the Ruler, or by the grant of a certificate of citizenship, under any provision of the Federation of Malaya Agreement, 1948, or of any State law shall be treated as a citizen by registration and, if he was not born within the Federation, as a citizen by registration under Article 17;

        • (b) a woman who before that day became a federal citizen or a citizen of the Federation by registration as a citizen, or in consequence of her registration as the subject of the Ruler, under any provision of the said Agreement or any State law authorizing the registration of women married to citizens of the Federation or to subjects of the Ruler shall be treated as a citizen by registration under Clause (1) of Article 15;

       • (c) any person who before that day was naturalised as a federal citizen or a citizen of the Federation under the said Agreement of became a federal citizen or a citizen of the Federation in consequence of his naturalization as the subject of a Ruler under any State law shall (subject to Clause (2)) be treated as a citizen by naturalization.

and references in those provisions to the registration or naturalization of a citizen shall be construed accordingly.

• (2) No person born within the Federation shall be liable by virtue of this Article to be deprived of citizenship under Article 25.

• (3) A person who on Merdeka Day became a citizen by operation of law as having been citizen of the Federation immediately before that day shall not be deprived of citizenship under Clause (1) or (2) of Article 24 by reason of anything done on or before that day, but in the case of any such person Clause (2) of Article 25 shall apply equally in relation to a period of residence in foreign countries beginning before Merdeka Day and in relation to such a period beginning on or after that day.

Article number: 28a

• (1) (Repealed)

• (2) For the purposes of Articles 24, 25, 26 and 26A a person who on Malaysia Day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the United Kingdom and Colonies shall be treated -

        • (a) as a citizen by registration if he acquired that status by registration; and

        • (b) as a citizen by naturalisation if he acquired that status by or in consequence of naturalisation;

and references in those Articles to the registration or naturalisation of a citizen shall be construed accordingly.

• (3) Where a woman is under this Article to be treated as a citizen by registration, and the status consequence of which she is to be treated was acquired by her virtue of marriage, then for purposes of Clause (4) of Article 24 and Clause (2) of Article 26 she shall be treated as a citizen by registration under Clause (1) of Article 15.

• (4) Where a person born before Malaysia Day is under this Article to be treated as a citizen by registration by virtue of a connection with the State of Sabah or Sarawak and he was not born in the territories comprised in the States of Sabah and Sarawak, Article 25 shall apply to him as if he were a citizen by registration under Article 16a or 17.

• (5) Notwithstanding that a person is under this Article to be treated as a citizen by naturalisation,he shall not be deprived of his citizenship under Article 25 if he was born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak and is to be treated by virtue of a status acquired by or in consequence of naturalisation in those territories.

• (6) Without prejudice to the forgoing Clauses, where on Malaysia Day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day to be deprived of that status under the law relating thereto, then the Federal Government may by order deprive him of his citizenship, ir proceedings for that purpose are begun before September 1965: but Clause (2) of Article 26b and, subject to Clause (7), Article 27 shall apply to an order under this Clause as they apply to an order under Article 25.

• (7) Where a person is liable to be deprived of citizenship under Clause (6) and proceedings had before Malaysia Day begun to deprive him of the status of virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that Clause, and shall be continued in accordance with the law relating to that status immediately before Malaysia Day, and the functions the Federal Government in relation thereto shall be delegated to such authority of the State in question as the Federal Government may determine.