Homegrown Statelessness in Malaysia
(b) every person born within the Federation of whose parents one at least is at the
time of the birth either a citizen or permanently resident in the Federation; and
(c) every person born outside the Federation whose father is at the time of the birth
a citizen and either was born in the Federation or is at the time of the birth in the
service of the Federation or of a State; and
(d) every person born outside the Federation whose father is at the time of the birth
a citizen and whose birth is, within one year of its occurrence or within such
longer period as the Federal Government may in any particular case allow,
registered at a consulate of the Federation or, if it occurs in Brunei or in a
territory prescribed for this purpose by order of the Yang di-Pertuan Agong,
registered with the Federal Government; and
(e) every person born in Singapore of whose parents one at least is at the time of
the birth a citizen and who is not born a citizen otherwise than by virtue of this
paragraph; and
(f) every person born within the Federation who is not born a citizen of any country
otherwise than by virtue of this paragraph. 51
On the face of the Federal Constitution, every stateless person born within
Malaysia is entitled to citizenship automatically. Having a parent who is a
Malaysian citizen or permanent resident also entitles one to Malaysian
citizenship automatically. 52 Relying on a parental link is complicated, as art 14
should also be read with pt II s 17 in sch II, which states:
For the purposes of Part III of this Constitution references to a person‘s father or
to his parent, or to one of his parents, are in relation to a person who is
illegitimate to be construed as references to his mother, and accordingly section
19 of this Schedule shall not apply to such a person. 53
This provision has been interpreted to mean that where a person’s parents are
not legally married, a child’s citizenship follows the mother’s citizenship and not
the father’s. 54 Thus, where a child is considered ‘illegitimate’, the child cannot
benefit from acquiring citizenship from her father, even if he is her only
Malaysian parent. This provision is irrelevant, however, if the stateless person
was born in Malaysia; it is not necessary to have a Malaysian parent. The
Federal Constitution under art 14(1)(b), pt II s 1(e) in sch II provides a safety net
for statelessness by providing that every person born within Malaysia, ‘who is
not born a citizen of any country otherwise’, is also a citizen. 55 This provision
should be read with sch II pt II s 2(3):
For the purposes of paragraph (e) of section 1 a person is to be treated as having
at birth any citizenship which he acquires within one year afterwards by virtue of
any provision corresponding to paragraph (c) of that section or otherwise. 56
51
52
53
54
55
56
ibid sch II pt II s 1; art 14(1)(b).
ibid sch II pt II s 1(a).
ibid art 17; ibid sch II pt II s 1(a).
See, eg, Yu Sheng Meng (A Child Represented by His Litigator, Yu Meng Queng) v Ketua
Pengarah Pendaftaran Negara & Ors [2016] 7 MLJ 628 (Asmabi Mohamad J) (High Court
of Malaya).
Federal Constitution (Malaysia) art 14(1)(b); ibid sch II pt II s 1(a).
ibid sch II pt II s 2(3).
105