Post 24 of the Federal Structure regarding Malaysia (“Constitution”) states that any citizen who’s got obtained citizenship of another nation can be deprived off Malaysian citizenship. This is exactly possibly the cause of the general understanding that Malaysians aren’t allowed to has twin citizenship. Exactly what goes then to prospects just who receive foreign citizenship in the addition on their Malaysian citizenship? This information addresses several frequently asked questions to the dual citizenship and you may the brand new deprivation out of citizenship when you look at the context off Article 24 regarding the brand new Composition.

The benefit in order to deprive a citizen off citizenship lies on Government. The power cannot lie having authorities firms such as the National Membership Department or Immigration Company. Not as much as Post 24 of Structure, government entities has got the discernment so you can deprive a person regarding his citizenship when your Bodies is fulfilled that personal keeps voluntarily acquired citizenship of any country exterior Malaysia.

(1) When your Government is came across that any citizen has gotten of the membership, naturalization or other volunteer and you can specialized work (apart from relationship) the fresh citizenship of any country outside the Federation, government fonte weblink entities can get because of the buy deprive that person off their citizenship.

(2) In the event the Authorities are fulfilled you to definitely one citizen provides willingly said and you can resolved in just about any nation away from Federation people legal rights offered to him beneath the law of these nation, being legal rights accorded entirely in order to the people, the government could possibly get by the acquisition rob that person from his citizenship. .

If a person holding Malaysian citizenship is becoming having fun with a foreign passport, he’ll be deemed for voluntarily reported and you will worked out a best that’s accorded exclusively into people of your own overseas nation. This really is good reason with the Bodies to work out its discretion to rob the person of their Malaysian citizenship.

Malaysia: Dual Citizenship For the Malaysia

Such power to deprive one out-of his citizenship less than Blog post 24 of your Composition can only just feel validly undertaken by the Regulators, as mentioned by Judge out-of Notice regarding the Speaker regarding Dewan Undangan Negeri of Sarawak Datuk Aad Asfia Awang Nassar v Ting Tiong Choon & Ors or other is attractive several MLJ 176:

“. As previously mentioned because of the discovered legal, while you are Malaysia will not acknowledge twin citizenship, one deprivation off citizenship might only become validly done from the National pursuant to help you arts 24 and you can twenty-seven of your Federal Structure, or if it absolutely was voluntarily renounced by the plaintiff themselves less than art 23 of Federal Structure. Until thus far, there is no proof otherwise sign compared to that feeling . “

2. Am We automatically deprived out of my personal Malaysian citizenship if i and get citizenship of another country?

A familiar myth from the holding dual citizenship within the Malaysia is that after a great Malaysian allows overseas citizenship, he’s immediately deprived away from his Malaysian citizenship. This might be inaccurate since the techniques getting deprivation from citizenship really does perhaps not happens automatically. There’s, indeed, some methods around Blog post twenty seven of Constitution and therefore must be followed by the federal government in advance of starving a person out-of his citizenship.

(a) Before you make a deprivation purchase lower than Posts 24, twenty five or twenty-six of one’s Composition, the federal government shall matter a composed see with the said person;

(b) This new said individual can be advised away from (i) the grounds about what the fresh new starvation order was advised to get made; and you can (ii) his right to feel the case labeled a committee of inquiry;

(c) A committee off query shall be put up where the committee have a tendency to consist of a chairman (are a man possessing official experience) as well as 2 other users appointed because of the Federal government;