in the 1957 Independence Constitution. However, this birthright principle granted under the
Independence Constitution was further altered in Constitution (Amendment) Act 1962.
Effective from 1st October 1962, a child born in the Federation must have genuine ties
or links with the Federation, with at least one parent must be either a citizen or a permanent
resident. This means unconditional jus soli was only applicable to those born between
Merdeka Day and October 1962.
The present nationality law of Malaysia is enshrined in the Federal Constitution and is
a based on a combination of jus soli and jus sanguinis 6 principles. It provides three ways by
which Malaysian citizenship may be acquired by a person i.e. by operation of law,
registration, or naturalization.
2.
CIVIL DOCUMENTATION AND REGISTRATION IN MALAYSIA
According to Regulation 3 of the National Registration Regulations 1990 (Amendment 2007)
all births, deaths, adoptions, marriages and divorces concerning Malaysians or taking place in
Malaysia needs to be registered. The agency responsible for registration of these events is the
National Registration Department (NRD) which comes under the purview of the Ministry of
Home Affairs. NRD is also responsible for the determination of citizenship status and the
subsequent issuance of identification documents to eligible individuals.
2.1
Identity Card
All Malaysian citizens are required to register and obtain identity card upon attaining the age
of 127 and above. The identification documents issued by NRD are:
MyKad (commonly known as Blue IC), is an identity document introduced by the
National Registration Department of Malaysia on 5 September 2001 (replacing the
older version of identity document) and is issued to Malaysian citizens 12 years old or
above. The holder of MyKad is required to change to a new identity card upon
attaining the age of 18. Citizens who are 16 years and above but have yet to apply for
an identity card, can obtain MyKad by making a late application.
MyKid is an identity card issued to children under the age of 12, introduced on 1
January 2003. For registration of new birth, MyKid will be processed during the
application for registration of birth.
MyPR (commonly known as Red IC) is an identity card or personal identification
document issued to residents of Malaysia with permanent resident status. Amongst the
rights accorded to MyPR card holders include the rights to stay and remain in
Malaysia without any limit of time, rights to work and conduct business in Malaysia,
rights to possess property in any parts of Malaysia and the rights to be exempted from
all Visa and Immigration requirements to enter and exit the country. Despite these
privileges, an individual with PR status will still be subjected to foreigner charges in
accessing treatment and education from government facilities, and are not entitled for
According to the principle of Jus Sanguinis, which means ‘law of blood’ in Latin, citizenship of a person is determined by
the nationality of their parents or ancestors.
7 Regulation 3 of the National Registration Regulations 1990 (Amendment 2007)
6
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