UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
citizenship. Article 14 (1)(b) and Part II of the Second Schedule have
to be read together with the Interpretation in Part 3 of the Second
Schedule of the FC, which states inter alia the following;
17. 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.
By virtue of the above article, a person is a citizen if at the time of
birth, at least one of the parents of the child is a citizen or a permanent
resident in Malaysia. Alternatively, in the event the child is deemed
‘illegitimate’ or born outside of legal marriage in Malaysia, the child
is subjected by law to follow the citizenship of the mother. The irony
is, if the parents of the child later legally marry in Malaysia, the
younger siblings of the child will be entitled to citizenship as opposed
to the child born or who was born before the legal marriage of his/
her parents. Thus, children born to Malaysian fathers or mothers
who were not married at the time of their birth, often face the risk of
statelessness 25.
In addition to Article 14(1)(b), Article 15A of the FC is often sought
by applicants who seek citizenship.
Article 15A: Special Power to Register Children
15A. Subject to Article 18, the Federal Government may,
in such special circumstances as it thinks fit, cause any
person under the age of twenty-one years to be registered
as a citizen.
Article 15A of the FC provides special powers to the Federal
Government, where it can register anyone below the age of 21 as a
25
366
Mary Anne K. Baltazar, Ayesah Uy Abubakar, Wan Shawaluddin Wan Hassan
(June 2019). Children At-Risk of Statelessness and their Constraints to Citizenship
Working Paper.Pp.17-18. http://shapesea.com/wp-content/uploads/2019/07/5Mary.Academic-Paper.edited.FINAL_.pdf>.
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