The Malaysian Insight

SUBJECT to the Conference of Rulers’ consent, the government will amend the Federal Constitution to allow overseas-born children of Malaysian mothers and foreign fathers obtain automatic citizenship, Hamzah Zainudin said.

“Following two different recent court decisions, the Home Ministry has decided to seek a new policy by amending the Federal Constitution to allow overseas-born children of Malaysian mothers and foreign fathers obtain automatic citizenship,” the home minister told the Dewan Rakyat today.

“This, however, is subject to obtaining the consent of the Conference of Rulers.”

He said the ministry decided to seek a new policy as there were two different decisions from the courts recently.

“The ministry is stuck between the decision of the recent case of Suriani Kempe and six others versus the government and Mahisha Suhaila Abdul Majid versus National Registration Department director-general and two other cases on the interpretation of father in the Second Schedule, Part II, sections 1(b) and 1(c) of the Federal Constitution.”

Hamzah said while the court ruled in favour of Suriani in one case, in the other, the court had ruled in favour of the government.

“Mahisha Suhaila Abdul Majid’s appeal will come up in the Court of Appeal in November,” he said.

“As a result of the differing court rulings, the Home Ministry has decided to seek a new policy to allow Malaysian women married to foreigners and have children overseas obtain automatic citizenship for their children.

“As the issue involves a constitutional amendment on citizenship, the government will have to obtain the consent of the Conference of Rulers in line with Article 159(5) of the Federal Constitution.

“As such, the Home Ministry has decided to appeal the Suriani case and get a stay of execution to avoid contempt of court and get more time to suggest the amendment to the Conference of Rulers.”

Hamzah, however, declined to give any assurance on the matter.

“We have to obtain the rulers’ consent first before we can draft this constitutional amendment,” he said. – September 22, 2021.