Government cannot revoke citizenship of Alvin, Ali

Bar Council Constitutional Law Committee Chairperson Firdaus Husni said this when referring to growing calls to revoke controversial blogger Alvin Tan and activist Ali Abdul Jalil’s citizenship.

Firdaus explained that under Article 24 of the Federal Constitution, the government may by order revoke one's citizenship under two grounds.

“First, if he required the citizenship of any other country; or if he exercised any rights accorded exclusively to the citizens of any other country,” she explained.

Article 24 (1) of the Federal Constitution states that 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.

Article 24 (2) of the Federal Constitution states that 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.

“For example Ali has only sought for political asylum in Sweden. If he becomes Swedish, he will have dual citizenship. The Federal Constitution does not allow for that. So, the government can obtain court order to deprive him of his citizenship. That is what stated in Article 24 (1).

“Another example if Ali votes for Swedish leaders in Sweden, a right that exclusively belongs to Sweden citizen, then, the government can obtain court order to deprive him of his citizenship. That is what stated in Article 24 (2),” she said.

Firdaus also explained that Article 25 of the Federal Constitution does not allow citizenship revocation for those who are born in the country, like reported in a news article published in astroawani.com yesterday.

“Article 25 allows the government to revoke one's citizenship by order if, among others, the individual has shown himself to be disloyal or disaffected towards the country by act or speech.

“However this only applies to citizens who acquired their citizenship by way of registration (upon application by persons residing in Sabah and Sarawak on 16 Sept 1963), or naturalisation (upon application by any person of or over 21 years not originally a citizen).

“Assuming Alvin and Ali acquired their citizenship by virtue of them being born in the country after 16 Sept 1963 to a parent who is either a citizen or permanent resident of the country (as is the case with the majority of Malaysians), the only ways their citizenship can be revoked is on the grounds set out in Article 24, not 25,” she explained.

Yesterday, astroawani.com carried an article quoting Lawyer Mohd Yusmadi Yusoff, who said Article 25 of the Federal Constitution may allow revocation of citizenship as principally citizenship rights are a privilege. “For example, Alvin’s act of leaving the country and saying things like he has no confidence in the legal system may warrant the use of Article 25, following his passport revocation," he had said.