LETTERS: We should be cautious when studying the issue of dual citizenship in response to calls made by Malaysians in the United States urging Prime Minister Datuk Seri Anwar Ibrahim to consider formalising it.
Thankfully, he said his administration would discuss the matter first as it would involve a major policy decision.
Some countries allow dual citizenship but restrict the holders' rights.
In Egypt and Armenia, dual citizens cannot be elected to Parliament.
In Israel, diplomats and members of parliament must renounce any other citizenship before assuming their job, while in Colombia, dual citizens cannot be foreign and defence ministers.
In Australia, dual citizens cannot be elected to Parliament.
In New Zealand, they may be elected to Parliament, but may not voluntarily become citizens of another country, or take any action to have their foreign nationality recognised, such as applying for a foreign passport.
In the Philippines, dual citizens cannot run for local office, while in Kenya, they may not be elected or appointed to any state office or serve in the armed forces unless their second citizenship was obtained involuntarily, without the ability to opt out.
Other countries have taken measures to avoid dual or multiple citizenship situation.
One is automatic loss of citizenship if another citizenship is acquired as the rule in Austria, Azerbaijan, Bahrain, China, India, Indonesia, Japan, Kazakhstan, Malaysia, Nepal and Singapore.
In Malaysia, the power to deprive a person of citizenship lies with the government, provided under Article 24 of the Constitution, also affirmed by the Court of Appeal in Sarawak Speaker Datuk Amar Mohamad Asfia Awang Nassar v Ting Tiong Choon & Ors and other appeals [2019] 2 CLJ 289.
Article 24 states that citizens who acquire citizenship in another country may have their citizenship revoked.
However, there are procedures to be followed before the revocation of citizenship order can be carried out. Article 27 states:
BEFORE making an order under Article 24, 25 or 26, the government shall give to the persons against whom the order is proposed to be given notice in writing informing them of the ground on which the order is proposed to be made and of their right to have the case referred to a committee of inquiry under this article;
IF any person to whom such notice is given applies to have the case referred as aforesaid, the government shall, and in any other case the government may, refer the case to a committee of inquiry consisting of a chairman and two other members appointed by the government for the purpose; and,
IN the case of any such reference, the committee shall hold an inquiry in such manner as the government may direct, and submit its report to that government; and the government shall have regard to the report in determining whether to make the order.
Furthermore, anyone can lodge a report with the National Registration Department about Malaysian(s) holding dual citizenship.
There must, however, be strong evidence against the persons before the government exercises its discretion under the constitution to deprive them of their citizenship.
Dual citizenship is a sensitive issue as it involves the rights and privileges given by a country to their citizens.
It also concerns national security.
DR MUZAFFAR SYAH MALLOW
Associate professor, Faculty of Syariah and Laws, Universiti Sains Islam Malaysia
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times