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MAJLISPEGUAM BARCOU

NCIL

MALAYSIA

BarCouncilMyConstitution Campaign

ConstitutionalLaw Committee

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We can be reached at:Constitutional Law CommitteeBar Council SecretariatNo. 15, Leboh Pasar Besar50050 Kuala Lumpur

t: 03.2031.3003f: 03.2026.1313e: perlembagaanku@gmail.com

December2010

Citizenship by operation oflaw

The majority of Malaysian citizens acquire

citizenship by operation of law. For example, the

following persons (amongst others) born before

Malaysia Day (16 September 1963) are citizens by

operation of law:-

A person who immediately before Merdeka Day

was a citizen of Malaya.

A person who was born within the Federation on

or after Merdeka Day and before October 1962.

The following persons born on or after Malaysia Day

are citizens by operation of law:-

A person born within Malaysia with at least one

parent who at the time the person was born is

either a citizen or permanent resident of Malaysia.

A person born outside Malaysia whose father at

the time of birth is a:-

citizen who was born in Malaysia; or

citizen who at the time of the birth was in the

service of Malaysia or of any State; or

citizen and the birth is registered at a

consulate of the Federation or with the

Federal Government (if in Brunei or any

other territory prescribed) within 1 year of

(or any longer period allowed by the Federal

Government).

A person who is born in Singapore and at least

one of the parents is at the time of the birth a

Malaysian citizen.

A person born within Malaysia who is not born a

citizen of any other country.

Citizenship by registration

A woman who is married to a Malaysian citizen and

whose marriage has been registered in Malaysia is

entitled to be registered as a citizen if:-

she was married and her husband was a citizen at

the beginning of October 1962; or

the Federal Government is satised that she

has resided in the Federation for 2 years before

the date of the application and intends to do so

permanently, and that she is of good character.

A person under the age of 21 may be registered

as a citizen if his/her parent is (or was at death) a

citizen. The Federal Government may also register

any person under the age of 21 in such special

circumstances as it thinks t.

The Constitution also provides for those who are

entitled to be registered as citizens if they are born

before Malaysia Day in the Federation or if they are

persons resident in Sabah and Sarawak on Malaysia

Day.

Citizenship by naturalisation

The Federal Government may, in such special

circumstances as it thinks t or upon application

made by any person of or over the age of 21 and who

is not a citizen, grant a certicate of naturalisation

if the person has resided in the Federation for the

required period and intends to do so permanently,

is of good character and has adequate knowledge of

the Malay language.

Citizenship by incorporation ofterritory

If a new territory is admitted into Malaysia after

Malaysia Day, Parliament may determine who from

that territory is to be a citizen.

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Fundamental liberties are rights and

freedoms that we have as human

beings. Some fundamental liberties are

set out in the Constitution. Because these rights and

freedoms are set out in the Constitution, they are said

to be guaranteed and cannot be taken away from us

unless the Constitution itself allows it.

Article 5 Right to life and

personallibertyEvery person has a right to life and liberty.

A persons life or personal liberty cannot be

taken away unless it is in accordance with law.The Courts have said that the right to life includes a

right to livelihood and quality of life, while the right to

liberty includes the right to privacy.

A person who is arrested or detained:-

must be informed as soon as possible of the grounds

of the arrest;

has the right to consult and be defended by a lawyer

of his/her choice (this is known as access to legal

representation); and

must be brought before a magistrate within 24

hours and cannot be detained further unless it is

with the authority of the magistrate, known as a

remand order.

Article 6 No slavery or forcedlabourNo one can be made a slave or forced to work. However,

Parliament may make laws to require Malaysians to

provide compulsory national service. Work or service

required from a person who is convicted of a crime is

not considered forced labour.

Article 7 Protection against retrospective criminal

lawsandrepeated trialsA person cannot be punished for something which

at the time when it was done was not an oence. For

example, if a law is passed to make it illegal to drive

past a speed limit of 80km/h, a person driving past

that speed limit before the law is passed cannot be

punished. This is known as the prohibition against

retrospective criminal laws.

If the punishment for a crime is increased, a person

who committed the crime before the punishment was

increased cannot be given that increased punishment.

For example, if the law is amended to change the

punishment for breaking a speed limit from a ne to

a prison sentence, a person breaking the speed limit

before the law is amended cannot be punished with a

prison sentence.

A person who has been acquitted or convicted of an

oence shall not be tried again for the same oence,

unless the conviction or acquittal is quashed (set aside)

and a retrial is ordered.

Article 8 Equality

All persons are equal before the law and entitled to

equal protection of the law.

Unless the Constitution says so, citizens cannot bediscriminated only because of their religion, race,

descent, place of birth or gender:-

under any law

in the employment by a public authority; or

in how any law is applied relating to property or any

trade, business, profession, vocation or employment.

However, Article 8 does not apply to:-

laws regulating personal law

laws relating to oce or employment connected

with any religion or religious institutions

laws for the protection, well-being or advancement

or the reservation of a quota of employment in

the public service for the Orang Asli of Peninsula

Malaysia

laws that say that a person to be elected or appointed

into a State authority, and any person who can vote

in such elections, must reside in that State

laws in the Constitution of a State that were made

before Merdeka Day (31 August 1957);

laws restricting enlistment in the Malay Regiment to

Malays.

Article 9 FreedomofmovementA Malaysian citizen cannot be banished or excluded

from the country. In general, every citizen has the

right to move freely and stay in any part of the country

except where any law is passed relating to the security

of the country, public order, public health or the

punishment of oenders.

The special position of Sabah and Sarawak compared

to other States also allows for laws to be made to

control who can enter and stay in Sabah and Sarawak.

We talk about the special interests and safeguards for

Sabah and Sarawak in The Rakyat Guides: 7. Sabah &

Sarawak.

Article 10 Freedom of speech, assembly and

associationCitizens have freedom of speech, assembly and

association but these freedoms may be restricted by

Parliament for reasons permitted by the Constitution.

The Courts have said Parliament may only impose

restrictions where they are reasonably necessary.

Freedomofspeech andexpressionEvery citizen has the right to freedom of speech and

expression. However, Parliament may make laws to

restrict this right if they are necessary or expedient in

the interest of:-

What are fundamental liberties?

The FundamentalLiberties guaranteed

under the Constitution

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