CHAPTER 6: CITIZENSHIP

Citizen - A member of a city, state or nation who enjoys its legal, social and 

political rights and of whom loyalty and responsibility is expected.

A citizen of a country is a person who belongs to that country. He has certain duties to his nation, and in turn, the nation has certain duties to its citizens.

The idea of citizenship is not a new one and goes a long way back in history. It has helped to unify people of different origins into individual nations. We, in Malaysia, have clauses in the Constitution which deal with the question of citizenship.

Citizenship in Malaysia is slightly complex. Basically there are two kinds of citizen­ship. One is State citizenship and the other is Federal citizenship. State citizenship is even complicated further because of the 11 states in Malaya. Only four (Johore, Kelantan, Perak and Trengganu) mention people as being subjects of the Ruler. In the other seven, their Constitutions do not have any separate state citizenship.

It is forturnate that the states of Sabah and Sarawak do not complicate this position further. These states have their own form of citizenship. Before these states became a part of Malaysia, citizenship was mostly British.

Citizenship may be gained in one of three ways:

1.By Operation of Law

2.By Naturalisation

3.By Registration

BY OPERATION OF LAW

There are three kinds of people who are citizens by the Operation of Law. The first of these are those who have been citizens before Merdeka Day. Citizenship was first begun with the Federation of Malaya Agreement in 1948. These persons may have become citizens by any one of the three ways listed above.

However, those who become citizens by either Registration or Naturalisation could be deprived of this status should they break any laws connected with this category of citizens. Secondly, those who were born within the Federation immediately before or after Merdeka Day. In 1962, the case of diplomats and visiting military personnel was brought up. As these people were not residents but only transients, a law was passed which did not give automatic citizenship to their children born in Malaysia.

Next came those children of Malaysian parents who were born outside the country. These children are automatically Malaysians but they fall into one of the two categories. If the father is a citizen by birth, the child is automatically a citizen. If, on the other hand, the father is a citizen by registration or naturalisation, the child has to be registered within one month of birth at any Malaysian Consulate or any other acting Consular Agent. There is one exception, however, and that is in the case of a person who even though he is not a Malaysian citizen but as a resident in the country, is sent abroad in the services of the Federal or a State Government.

BY NATURALISATION

An alien, who having lived in the country for a number of years may apply for citizen­ship should he decide to make Malaysia his new home. The Constitution makes provision for such people. They can become Malaysian citizens by Naturalisation if they can fulfil the following conditions:

1.He be over 21 years old.

2.He must have lived in the country for not less than 10 out of the preceding 12 years. In any case, the applicant must have lived in the country for the entire year preceding the date of application.

3.He must be of good character. This means that he must not have been convicted of a crime during the three years preceding his application.

4.He must be able to speak the National Lanaguge. This means that he has to pass a simple test in the above.

5.He must give up any other citizenship which he had before the application.

6.He must take an oath of allegiance to the Yang Dipertuan Agong.

BY REGISTRATION

This is mainly for wives and children of Malaysian citizens. A woman who marries a Malaysian can become a citizen provided she has stayed in the country for at least two years before making her application. She must be of good character, be able to speak the National Lanaguge and to prove that she intends to stay permanently in the country.

Application for citizenship can also be made for the children of these new citizens even if they have not reached the age of 21.

DUTIES OF A CITIZEN

A country has certain duties towards its citizens. A citizen, in turn, has certain duties too towards the country. Let us have a look at the duties should perform for his country.

First and foremost, a citizen must be loyal to his country. We often hear or read in newspapers of plots by certain groups to overthrow the government. A citizen who joins in such a plot to overthrow a popularly elected government is not loyal. If he feels that the government is not keeping the promises that it made during elections, then he has the right not to vote for it in the coming election, but not to engage in a plot to overthrow it by violent means.

We have all heard about the late Sir Winston Churchill who became Prime Minister of England during World War II. During this time, England was weak while Germany was the most powerful nation. Churchill worked hard, and in the end, brought victory to his country. But in the very next election, the Party that Churchill headed, lost, and the Labour Party came into power. This is an example of how a citizen can use the power of his vote. It is for this reason that it is the duty of a citizen to vote in an election. This is his right. It is also the duty of a citizen to obey the laws of his country. These laws are passed to protect the public from bad elements and to maintain order in the country. If everyone does what he or she likes, there will be chaos in the country.

Let us now turn to taxes. No one is in favour of parting with his money for taxes. but it is necessary. We tend to forget that taxes are for our own benefit. The Govern­ment makes use of the money to provide facilities for us. By paying taxes, a citizen is supporting his government and country.

The duties of a citizen include the defence of his country. A citizen must be ready to fight for the defence of his country. Most countries have passed laws which require every citizen to serve in the armed forces for a certain period of time. This is the prime test — willingness to die for one's own country. We have seen this happening during wars, and it is for this reason that each country builds a monument in honour of those who sacrificed their lives for the country and flag.

TERMINATION OF CITIZENSHIP

Since Merdeka, we have seen many foreigners deciding to make Malaysia their home and to become Malaysian citizens. But before becoming citizens, each has to renounce his or her previous citizenship. In the same way, a Malaysian can renounce his citizen­ship on his own free will and acquire that of another country. To do this, he or she must be 21 years of age.

It is to be noted that a citizen renounces the citizenship on his or her own free will, and not deprived of it by the country. In the case of those who become citizens by operation of law, it is very difficult to deprive.them of their citizenships. As for those who have acquired citizenship by registration or naturalisation, they may be deprived of their citizenship if the authorities feel that they are not worthy of it. But they must be given notice and the reasons as to the action taken. The Government must show that its action is taken in the light of public interest. The person concerned, however, has the right to request that his case be investigated by a Committee of Enquiry. This committee is presided over by a judicial officer.

The following are the grounds on which a Malaysian can be deprived of his citizen­ship.

1.Change of Nationality — as in the cass given above.

2.Disloyalty.

3.Criminal conviction — if within 5 years of gaining citizenship, a person is convicted and sentenced to more than one year's imprisonment or a fine of $5,000 or more.

4.Residence — in a non-Commonwealth country for 7 years without reporting to the Consulate.

5.Fraud in applying for citizenship.

6.Divorce — a woman who becomes a citizen by marriage, may lose her citizenship if divorced or separated from her husband within two years, except by death.

7.Parental action — where parents are deprived of citizenship, it is left to the decision of the Government to consider citizenship of their children.