You can also learn more about the Frequently Asked Questions

MyConstitution Campaign or follow it on:

Citizenship by operation of law
• www.perlembagaanku.com The majority of Malaysian citizens acquire
• www.malaysianbar.org.my/ citizenship by operation of law. For example, the
constitutional_law_committee following persons (amongst others) born before
• www.facebook.com/MyConstitution Malaysia Day (16 September 1963) are citizens by
• www.twitter.com/MyConsti
operation of law:-
• www.youtube.com/user/PerlembagaanKu
We can be reached at: • A person who immediately before Merdeka Day
Constitutional Law Committee was a citizen of Malaya.
Bar Council Secretariat • A person who was born within the Federation on
No. 15, Leboh Pasar Besar or after Merdeka Day and before October 1962.
50050 Kuala Lumpur
The following persons born on or after Malaysia Day
t: 03.2031.3003
are citizens by operation of law:-
f: 03.2026.1313
e: perlembagaanku@gmail.com
• A person born within Malaysia with at least one
parent who at the time the person was born is
December 2010
either a citizen or permanent resident of Malaysia.
• A person born outside Malaysia whose father at
MALAYSIA
the time of birth is a:-
• citizen who was born in Malaysia; or
• citizen who at the time of the birth was in the
service of Malaysia or of any State; or
AJ
CI • citizen and the birth is registered at a
M
Citizenship by registration
A woman who is married to a Malaysian citizen and
whose marriage has been registered in Malaysia is
entitled to be registered as a citizen if:-
• she was married and her husband was a citizen at
the beginning of October 1962; or
• the Federal Government is satisfied that she
has resided in the Federation for 2 years before
the date of the application and intends to do so
permanently, and that she is of good character.
A person under the age of 21 may be registered
as a citizen if his/her parent is (or was at death) a
citizen. The Federal Government may also register
any person under the age of 21 in such special
circumstances as it thinks fit.
The Constitution also provides for those who are
entitled to be registered as citizens if they are born
before Malaysia Day in the Federation or if they are
persons resident in Sabah and Sarawak on Malaysia
Day.
Citizenship by naturalisation
The Federal Government may, in such special
1. I believe my right has been
deprived / violated by the authorities.
What should I do?
You may bring an action in Court. The Court will
assess whether your fundamental liberties have
been violated and if so, the Court can declare the
What’s Next?
violations not legal.
2. Are my fundamental liberties absolute?
Learn about your Constitution in
They are not absolute. The Constitution sets out
different ways your liberties can be restricted. our other Rakyat Guides on What
is the Federal Constitution?,
However, the Courts have said that the fundamental
Constitutional Institutions & the
liberties under the Constitution must be applied as
Separation of Powers, Federal-
widely as possible and any laws that limit them must
State Relations, Parliament, the
be applied as narrowly as possible. Executive, the Judiciary, Sabah
& Sarawak and Elections & The Rakyat Guides
3. What is SUHAKAM?
The Human Rights Commission of Malaysia
Democracy!
8. Fundamental
(SUHAKAM) is a body set up under an act of
Parliament to provide education on human rights, to Liberties & Citizenship
advise and assist the Government on human rights
laws and disputes and to inquire into complaints
regarding infringements of human rights. For more

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PE UN
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information about SUHAKAM, please refer to their
MyConstitution Campaign consulate of the Federation or with the circumstances as it thinks fit or upon application
Bar Council website at www.suhakam.org.my.
Constitutional Law Committee Federal Government (if in Brunei or any made by any person of or over the age of 21 and who
other territory prescribed) within 1 year of is not a citizen, grant a certificate of naturalisation 4. I am a Malaysian who acquired citizenship
(or any longer period allowed by the Federal if the person has resided in the Federation for the through operation of law. Can my citizenship be
Government). required period and intends to do so permanently, terminated?
is of good character and has adequate knowledge of The Federal Government can only deprive you
• A person who is born in Singapore and at least the Malay language. of your citizenship if it is satisfied that you have
one of the parents is at the time of the birth a acquired citizenship of another country or if you
Malaysian citizen. Citizenship by incorporation of territory have voluntarily claimed and exercised in another
If a new territory is admitted into Malaysia after country rights only given to citizens of that country.
• A person born within Malaysia who is not born a Malaysia Day, Parliament may determine who from
citizen of any other country. that territory is to be a citizen.

Rakyat Guides 8 (ENG).indd 1 12/1/10 6:40 PM


What are fundamental liberties?
Fundamental liberties are rights and
freedoms that we have as human
beings. Some fundamental liberties are
set out in the Constitution. Because these rights and
freedoms are set out in the Constitution, they are said
to be “guaranteed” and cannot be taken away from us
unless the Constitution itself allows it.
The Fundamental
Liberties guaranteed
under the Constitution
Article 5 – Right to life and
personal liberty
Every person has a right to life and liberty.
A person’s life or personal liberty cannot be
taken away unless it is in accordance with law.
The Courts have said that the right to life includes a
right to livelihood and quality of life, while the right to
liberty includes the right to privacy.
A person who is arrested or detained:-
• must be informed as soon as possible of the grounds
of the arrest;
• has the right to consult and be defended by a lawyer
of his/her choice (this is known as ‘access to legal
representation’); and
• must be brought before a magistrate within 24
hours and cannot be detained further unless it is
with the authority of the magistrate, known as a
‘remand order’.
Article 6 – No slavery or forced labour
No one can be made a slave or forced to work. However,
Parliament may make laws to require Malaysians to
provide compulsory national service. Work or service
required from a person who is convicted of a crime is
not considered forced labour.
Rakyat Guides 8 (ENG).indd 2
Article 7 – Protection against retrospective criminal
laws and repeated trials
A person cannot be punished for something which
at the time when it was done was not an offence. For
example, if a law is passed to make it illegal to drive
past a speed limit of 80km/h, a person driving past
that speed limit before the law is passed cannot be
punished. This is known as the prohibition against
retrospective criminal laws.
If the punishment for a crime is increased, a person
who committed the crime before the punishment was
increased cannot be given that increased punishment.
For example, if the law is amended to change the
punishment for breaking a speed limit from a fine to
a prison sentence, a person breaking the speed limit
before the law is amended cannot be punished with a
prison sentence.
A person who has been acquitted or convicted of an
offence shall not be tried again for the same offence,
unless the conviction or acquittal is quashed (set aside)
and a retrial is ordered.
Article 8 – Equality
All persons are equal before the law and entitled to
equal protection of the law.
Unless the Constitution says so, citizens cannot be
discriminated only because of their religion, race,
descent, place of birth or gender:-
• under any law
• in the employment by a public authority; or
• in how any law is applied relating to property or any
trade, business, profession, vocation or employment.
However, Article 8 does not apply to:-
• laws regulating personal law
• laws relating to office or employment connected
with any religion or religious institutions
• laws for the protection, well-being or advancement
or the reservation of a quota of employment in
the public service for the Orang Asli of Peninsula
Malaysia
• laws that say that a person to be elected or appointed
into a State authority, and any person who can vote
in such elections, must reside in that State
• laws in the Constitution of a State that were made
before Merdeka Day (31 August 1957);
• laws restricting enlistment in the Malay Regiment to
Malays.
Article 9 – Freedom of movement
A Malaysian citizen cannot be banished or excluded
from the country. In general, every citizen has the
right to move freely and stay in any part of the country
except where any law is passed relating to the security
of the country, public order, public health or the
punishment of offenders.
The special position of Sabah and Sarawak compared
to other States also allows for laws to be made to
control who can enter and stay in Sabah and Sarawak.
We talk about the special interests and safeguards for
Sabah and Sarawak in The Rakyat Guides: 7. Sabah &
Sarawak.
Article 10 – Freedom of speech, assembly and
association
Citizens have freedom of speech, assembly and
association but these freedoms may be restricted by
Parliament for reasons permitted by the Constitution.
The Courts have said Parliament may only impose
restrictions where they are reasonably necessary.
Freedom of speech and expression
Every citizen has the right to freedom of speech and
expression. However, Parliament may make laws to
restrict this right if they are necessary or expedient in
the interest of:-
• the security of Malaysia;
• friendly relations with other countries;
• public order or morality; or
• the protection of the privileges of Parliament or
any State legislative assembly or to provide against
contempt of court, defamation or incitement to any
offence.
In imposing restrictions on the freedom of speech and
expression in the interest of the security of the country
or public order, Parliament may pass laws prohibiting
the questioning of matters relating to citizenship, the
national language, the special position of Malays and
the natives of Sabah and Sarawak and sovereignty of
the Rulers. However, it is not illegal to comment on the
implementation of these matters.
Right to assemble peaceably and to form associations
All citizens have the right to assemble peaceably and
without arms, and to form associations. However,
Parliament may make laws to restrict these rights if
they are necessary or expedient in the interest of:-
• the security of the country; or
• public order.
• morality (only for the right to form association).
Parliament can also make laws to restrict the right to
form associations in relation to labour and education.
Article 11 – Freedom of religion
Every person has the right to profess or practise his/her
religion and to propagate it.
However, laws may be passed to control or restrict the
propagation of any religion, doctrine or belief among
those professing the religion of Islam.
A person cannot be forced to pay any tax where the
money will be used for purposes of a religion which
is not his / hers. Every religious group has the right
to manage its own religious affairs, establish and Special position of the
maintain institutions for religious/charitable purposes Malays and natives of
and acquire and manage property. Sabah & Sarawak
Article 12 – Rights in respect of education
In relation to the following matters, no citizen can be
discriminated only because of religion, race, descent or The Yang di-Pertuan Agong (“YDPA”)
place of birth:- must protect:-
• in how any educational institution run by a public • the special position of the Malays and natives of
authority is administered, including in the admission Sabah and Sarawak; and
of pupils / students or the payment of fees; or • the legitimate interests of other communities in
• in how any public authority’s money is used for the Malaysia.
maintenance or education of pupils or students in
any educational institution. In relation to the special position of the Malays and
natives of Sabah and Sarawak, a quota that the YDPA
A person is not required to learn or take part in any feels is reasonable may be kept for Malays and the
ceremony or act of worship of a religion other than his natives of Sabah & Sarawak:-
/ her own. For this purpose, the religion of a person
under the age of 18 shall be decided by his / her parent • for employment in the public service (other than
or guardian. public service of a State);
• for scholarships, exhibitions and other similar
Every religious group can establish and maintain educational or training privileges or special
institutions for the education of children in its own facilities; and
religion. There shall be no discrimination on the ground • for permits and licences when a permit or licence for
only of religion in any law relating to such institutions. the operation of any trade or business is required by
However, the Federal or any State Government can set Federal law.
up or help set up Islamic institutions, provide or assist
in providing instruction in the religion of Islam and
incur expenditure for this purpose.
How do you become a
Malaysian citizen?
Article 13 – Rights to property
A person’s property cannot be taken away unless the There are 4
law allows it. However, if a law allows for a person’s ways a person can become a Malaysian
property to be taken away, that law must provide that citizen:-
the person is paid adequate compensation for the
property. • by operation of law;
• by registration;
• by naturalisation; or
• by incorporation of territory.
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