Malaysia legislation
Article 25
Article 25
Deprivation of citizenship by registration under Article 16a or 17 or by naturalization
(1)
The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under
Article 16a or 17** or a citizen by naturalization if satisfied—
(a)
that he has shown himself by act or speech to be disloyal or disaffected towards the Federation;
(b)
that he has, during any war in which the Federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or
(c)
that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a 33
[Article 24]
*10 October 1963—see L.N. 268/1963.
**This Article has been repealed by section 5 of the Constitution (Amendment) Act 1962
[Act 14/1962] w.e.f. 1 July 1963—see L.N. 105/1963. See also notes on Article 17.
Federal Constitution
Art. 24—(cont.)
Clause (3)
The words “part of the Commonwealth” substituted for the words “Commonwealth country”
and the words “that part of the Commonwealth” substituted for the words “that country”
by Act 14/1962, subsection 9(2), in force from 01-10-1962. This Clause was repealed by
Act A354, paragraph 7(b), in force from 27-08-1976, and read as follows:
“(3) Where provision is in force under the law of any part of the Commonwealth for conferring on citizens of that part of the Commonwealth rights not available to other
Commonwealth citizens, Clause (2) shall apply, in relation to those rights, as if that part of the Commonwealth were a foreign country.”.
Clause (3a)
Inserted by Act 14/1962, subsection 9(3), in force from 01-10-1962, and amended by
Act A354, paragraph 7(c), in force from 27-08-1976, by deleting the words “and that Clause as applied by Clause (3),” which appear after the words “generality of Clause (2)”, and deleting the words “and that Clause as applied as aforesaid”, which appear after the words “purposes of Clause (2)”.
Clause (4): See Art. 28a(3).
Art. 25
See Art. 26b(2), 27(1), 28(2), 28a(2), (4), (5) & (6).
Clause (1)
a. Act 14/1962, section 32, in force from 01-10-1962, omitted the words “Subject to
Clause (3)”, which appeared at the commencement.
b. Act 26/1963, paragraph 33(2)(a), in force from 16-09-1963, substituted the words
“Article 16a or 17” for “Article 17”.
Clause (1)(c)
The word “ringgit” substituted for the word “dollars” by Malaysian Currency (Ringgit)
Act 1975 [Act 160], section 2, in force from 29-08-1975.
Federal Constitution term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced.
(1a)
The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under
Article 16a or 17* or a citizen by naturalization if satisfied that without the Federal Government’s approval, he has accepted, served in, or performed the duties of any office, post or employment under the Government of any country outside the Federation or any political subdivision thereof, or under any agency of such a Government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:
Provided that a person shall not be deprived of citizenship under this Clause by reason of anything done before the beginning of October 1962, in relation to a foreign country, and before the beginning of January 1977, in relation to a Commonwealth country, notwithstanding that he was at the time a citizen.
(2)
The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under
Article 16a or 17* or a citizen by naturalization if satisfied that he has been ordinarily resident in countries outside the Federation for a continuous period of five years and during that period has neither—
(a)
been at any time in the service of the Federation or of an international organization of which the Federal
Government was a member; nor
(b)
registered annually at a consulate of the Federation his intention to retain his citizenship:
Provided that this Clause shall not apply to any period of residence in any Commonwealth country before the beginning of January 1977.
(3)
(Repealed).
*This Article has been repealed by section 5 of the Constitution (Amendment) Act 1962
[Act 14/1962] w.e.f. 1 July 1963—see L.N. 105/1963. See also notes on Article 17.
34
[Article 25]
Federal Constitution
Art. 25—(cont.)
Clause (1a)
a. Added by Act 14/1962, subsection 10(2), in force from 01-10-1962.
b. Act 26/1963, paragraphs 33(2)(a) and (b), in force from 16-09-1963, substituted the words “Article 16a or 17” for the words “Article 17”, and omitted the words “after the registration or naturalization or the coming into operation of this Clause, whichever is the later, and” and added the proviso.