Post 24 of your Government Constitution away from Malaysia (“Constitution”) states you to people citizen who has gotten citizenship of some other country could be deprived out-of Malaysian citizenship. This really is probably the factor in the general knowing that Malaysians commonly permitted to has dual citizenship. Exactly what happens then to individuals just who get overseas citizenship into the inclusion to their Malaysian citizenship? This article details several frequently asked questions on the twin citizenship and you can the brand new deprivation away from citizenship into the context away from Post 24 of brand new Constitution.

The advantage to rob a resident of citizenship lies on National. The power doesn’t rest which have authorities companies including the Federal Membership Agency or Immigration Department. Under Blog post 24 of the Structure, the federal government has got the discernment so you can deprive a man away from his citizenship when your Authorities is actually satisfied that private possess willingly received citizenship of any country additional Malaysia.

(1) In case the National is actually fulfilled you to any citizen has actually received because of the registration, naturalization and other volunteer and you may authoritative act (apart from relationship) the newest citizenship of every nation away from Federation, the us government can get of the purchase deprive that individual of his citizenship.

(2) If for example the Government try came across you to people resident have voluntarily reported and you can exercised in almost any country outside the Federation any liberties available to your beneath the laws of that country, getting liberties accorded entirely so you’re able to its people, the government may from the buy deprive that individual out-of his citizenship. .

If an individual carrying Malaysian citizenship is found getting playing with a different passport, he’ll become considered to have voluntarily reported and you will worked out good best that’s accorded entirely toward customers of your own overseas nation. This is justification towards the Bodies to exercise their discernment to help you deprive the person out-of their Malaysian citizenship.

Malaysia: Dual Citizenship Inside the Malaysia

Eg capacity to rob one from his citizenship under Post 24 of one’s Composition can only just be validly done from the Government, as previously mentioned by the Legal from Focus from the Audio speaker out of Dewan Undangan Negeri regarding Sarawak Datuk Aad Asfia Awang Nassar v Ting Tiong Choon & Ors or other is attractive several MLJ 176:

“. As mentioned by the read courtroom, if you are Malaysia cannot acknowledge twin citizenship, any deprivation out-of citizenship might only become validly performed by the Authorities pursuant so you’re able to arts 24 and twenty seven of Federal Composition, or if perhaps it actually was willingly renounced by plaintiff himself significantly less than art 23 of your own Government Structure. Up until to date, there is absolutely no research or signal to this feeling . “

dos. Are We instantly deprived from my Malaysian citizenship easily and get citizenship of another country?

A familiar misconception on the carrying dual citizenship in Malaysia is that immediately following a great Malaysian allows international citizenship, he could be immediately deprived out-of their Malaysian citizenship. This might be incorrect once the techniques to have starvation away from citizenship does maybe not occurs immediately. There’s, actually, a esposa Nova ZelГўndia couple of measures significantly less than Post twenty-seven of Constitution and therefore should be followed by the us government prior to depriving men away from his citizenship.

(a) Prior to a starvation buy around Blogs 24, twenty five or twenty-six of the Composition, government entities should point a created see with the told you person;

(b) The new told you individual are going to be informed regarding (i) the lands on which the brand new deprivation order was advised is made; and you will (ii) his directly to have the case described a committee off inquiry;

(c) A committee regarding inquiry can be developed when the panel commonly include a chairman (becoming men possessing judicial sense) as well as 2 most other members designated because of the Authorities;