Dual Citizenship In Malaysia

• Published date: 17 July 2020
• Subject Matter: Government, Public Sector, Immigration, Constitutional & Administrative Law, General Immigration
• Law Firm: MahWengKwai & Associates
• Author: Jasmine Wong

Article 24 of the Federal Constitution of Malaysia ("Constitution") states that any citizen who has acquired citizenship of another country may be deprived of Malaysian citizenship. This is perhaps the reason for the general understanding that Malaysians are not allowed to have dual citizenship. But what happens then to individuals who obtain foreign citizenship in addition to their Malaysian citizenship This article addresses several frequently asked questions on dual citizenship and the deprivation of citizenship within the context of Article 24 of the Constitution.

1. Who has the power to deprive me of my citizenship?

The power to deprive a citizen of citizenship lies with the Federal Government. The power does not lie with government agencies such as the National Registration Department or Immigration Department. Under Article 24 of the Constitution, the Government has the discretion to deprive a person of his citizenship if the Government is satisfied that the individual has voluntarily acquired citizenship of any country outside Malaysia.

Article 24 of the Constitution

Deprivation of citizenship on acquisition or exercise of foreign citizenship

(1) If the Federal Government is satisfied that any citizen has acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship.

(2) If the Federal Government is satisfied that any citizen has voluntarily claimed and exercised in any country outside the Federation any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Federal Government may by order deprive that person of his citizenship. ...

If a person holding Malaysian citizenship is found to be using a foreign passport, he will be deemed to have voluntarily claimed and exercised a right which is accorded exclusively to the citizens of the foreign country. This will be good reason for the Government to exercise its discretion to deprive the person of his Malaysian citizenship.

Such power to deprive a person of his citizenship under Article 24 of the Constitution can only be validly undertaken by the Government, as stated by the Court of Appeal in The Speaker of Dewan Undangan Negeri of Sarawak Datuk Amar Mohamad Asfia Awang Nassar v Ting Tiong Choon & Ors and other appeals [2018] 12 MLJ 176:

"... As mentioned by the learned judge...