Govt to propose amending Constitution over citizenship issue

 

Hamzah Zainudin says the government needs to get the Conference of Rulers’ approval.

KUALA LUMPUR: The government will be proposing to the Conference of Rulers to amend the Federal Constitution over the citizenship of children born abroad to Malaysian mothers.

Home minister Hamzah Zainudin said the proposal must first be brought to the Malay Rulers before the government can proceed with drafting the constitutional amendment.

Speaking in the Dewan Rakyat, Hamzah said he sympathised with the predicament of Malaysian mothers married to foreigners with children born overseas and how they cannot confer their citizenship by operation of the law.

However, he said he swore to uphold the Constitution and was tied to the current provisions, while the home ministry was stuck between two court decisions on the same issue, including the recent one by the Kuala Lumpur High Court.

The other court decision had previously ruled in the government’s favour, he said, with an appeal filed by the plaintiff and the case set to be heard later this year.

“After receiving the two different decisions, the home ministry suggested a new government approach to amend the Federal Constitution.

“At the same time, the matter must get the Conference of Rulers’ approval. Hence, the home ministry decided that it will appeal (the recent case) and ask for a stay of execution.

“I decided to take the middle road by appealing the KL High Court’s decision to get an extended period of time. At the same time, we will bring the matter to the Malay Rulers,” he said in his winding-up speech on the King’s address.

Yesterday, Ramkarpal Singh (PH-Bukit Gelugor) urged Putrajaya to amend the Constitution to remove the ambiguity related to the word “father” when it came to parents conferring their citizenship to their children.

Earlier this month, Kuala Lumpur High Court judge Akhtar Tahir held that mothers are entitled to confer citizenship by operation of law in all processes, just like fathers.

Akhtar, who delivered his verdict through a remote proceeding, said the word “father” in the Second Schedule of the Constitution must mean and include mothers.

However, Attorney-General Idrus Harun told FMT last week that a notice of appeal had been filed against the decision. - FMT