Nov 15 hearing of govt bid to stay court ruling on citizenship

 

The Kuala Lumpur High Court fixed Nov 15 to hear the government’s application to stay its ruling over Malaysian mothers’ right to confer citizenship to overseas-born children.

Lawyer Joshua Andran confirmed that the court this afternoon set the hearing date of the stay application, pending disposal of the government’s related appeal to the Court of Appeal.

“The hearing (is) on Nov 15,” the counsel told Malaysiakini. He is acting for the six Malaysian mothers and rights group Family Frontiers who had successfully sued for the declaration on the citizenship issue.

The government has appealed against the High Court decision on Sept 9 which declared that children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship.

The verdict had allowed the citizenship suit by seven plaintiffs, namely the six Malaysian mothers and Family Frontiers. The government is the sole defendant.

High Court judge Akhtar Tahir had ruled, among others, that Malaysian women (married to foreign men) have the same right as Malaysian men married to foreign women, to confer citizenship by operation of law on their children born overseas.

Harmonious reading

The judge said this is due to the harmonious reading of Article 8(2) of the Federal Constitution, read together with Article 14(1)(b) of the Federal Constitution which is also read with Section (1)(b) of Part II of the Second Schedule of the Federal Constitution.

He ruled that a reading of all these provisions together prohibits discrimination based on gender when it comes to conferment of citizenship.

During a winding-up speech at the Dewan Rakyat on Sept 22, Home Minister Hamzah Zainudin said that the government sought the appeal and a stay on the court ruling, in order to buy time while they look into amending the Federal Constitution.

He reportedly said that the constitutional amendment will make it easier for Malaysian mothers married to foreigners to give birth overseas.

“The Home Ministry made the decision to appeal and request for a stay of execution (in this case) to buy time to avoid contempt of court and at the same time, we are not going against the Federal Constitution,” Hamzah said. - Mkini