| 词条 | Malaysian nationality law |
| 释义 |
|short_title = Malaysian Citizenship Act |legislature = Parliament of Malaysia |image = Coat of arms of Malaysia.svg |imagesize = |imagealt = |caption = |long_title = An Act relating to Malaysian citizenship |citation = |territorial_extent = |enacted_by = Government of Malaysia |date_enacted = |date_passed = |enacted_by2 = |date_enacted2 = |date_passed2 = |date_assented = |royal_assent = |date_signed = |signed_by = |date_commenced = |date_of_expiry = |date_repealed = |administered_by = |bill = |bill_citation = |bill_date = |introduced_by = |1st_reading = |2nd_reading = |3rd_reading = |conf_committee_passed = |committee_report = |bill2 = |bill_citation2 = |bill_date2 = |introduced_by2 = |1st_reading2 = |2nd_reading2 = |3rd_reading2 = |conf_committee_passed2 = |committee_report2 = |date_conf_committee = |white_paper = |amendments = |repeals = |related_legislation = |summary = |keywords = |status = current }} Malaysian nationality law is the law of Malaysia that deals with citizenship and other forms of nationality. Nationality law is mentioned in the Constitution of Malaysia. HistoryCitizenship law was first implemented in several Malaysian states before the country achieved independence and sovereignty. The Straits Settlements, consisting of Penang, Malacca, Singapore and later Labuan, was the first entity to introduce nationality laws in the region. The Naturalization Act of 1867 stated that:
It also provided that:
RequirementsThe criteria to be a Malaysian citizen are:[1]
Gaining citizenshipA person can become a citizen of Malaysia either by registration or naturalisation. In cases by registration, where a person is by operation of law is a citizen but have yet to be registered, such person is entitled to citizenship upon application and be registered as a citizen of Malaysia. For cases by naturalisation, this refers to the process of admitting a person not a citizen of Malaysia to citizenship. This is subjected to the requirements and conditions of the Federal Government. Any person holding Malaysian citizenship is also disallowed to hold any other country's citizenship. Malaysia does not allow dual citizenship. Those applying for citizenship by registration must have "an elementary knowledge of the Malay language". Those applying to become naturalised citizens must have "an adequate knowledge of the Malay language" and have resided in the country for ten of the past twelve years, including the twelve months immediately preceding the application. These requirements are set out by Part III of the Constitution; however, as there is no objective definition of what constitutes elementary or adequate knowledge of Malay, in practice, the tests are often subjective, sometimes even varying in whether a written knowledge of Malay is required.[3] Permanent residency in Sabah and SarawakPermanent residency in the states of Sabah and Sarawak are distinct from the other 11 Malaysian states. While Sabah and Sarawak each has autonomy in immigration affairs (which includes imposing immigration restrictions on Peninsular Malaysia residents), permanent residents of Sabah and Sarawak are exempted from the immigration controls of their own states. A Malaysian citizen born to a Sabah or Sarawak permanent resident would have Sabah or Sarawak permanent residency, regardless of where the person was born. Birth in Sabah or Sarawak alone does not make a person a permanent resident unless one of his/her parents is a permanent resident. A person may become a Sabah or Sarawak permanent resident by obtaining Permanent Residence (PR) status issued by the respective state immigration departments. The permanent residency status of a person is indicated by a letter on his/her MyKad below the photo, with H for Sabahans, K for Sarawakians, and none for Peninsular Malaysians.[4] A similar scheme is also used in Malaysian passports, differentiated by the letter prefix of the passport number:H for Sabahans, K for Sarawakians, and A for Peninsular Malaysians. Commonwealth citizenshipAll Malaysian citizens are Commonwealth citizens and are entitled to certain rights in Britain and other Commonwealth countries. For example, they can vote in all elections (including for the European Parliament), hold public office and serve on juries in the UK. Malaysians are entitled to consular assistance from British embassies in non-Commonwealth countries without a Malaysian representative. These rights include:
Penang and MalaccaSeveral early independence acts did not contain any provision for the loss of citizenship of the United Kingdom and Colonies by citizens of the newly independent states. A notable case is that of the former Settlements (colonies) of Penang and Malacca in what is now Malaysia. These were combined in 1948 with the nine Malay states (which were protected states rather than colonies) to form the Federation of Malaya. On independence on 31 August 1957, British protected persons (BPP) from the Malay states lost their BPP status. However, as a result of representations made by the Straits Chinese, known as the "Queen's Chinese", it was agreed by the Governments of the United Kingdom and Malaya that no provision should be made for the withdrawal of Citizen of the United Kingdom and Colonies (CUKC) status from the inhabitants of Penang and Malacca, who would consequently be allowed to remain CUKCs as well as citizens of Malaya.[8] On 16 September 1963, the colonies of North Borneo, Sarawak and Singapore were joined with Malaya to form Malaysia (Singapore subsequently left Malaysia in 1965). CUKC was withdrawn from those acquiring Malaysian citizenship in 1963, but this did not affect existing citizens of the Federation. Hence, persons connected with Penang and Malacca prior to 31 August 1957, together with those born before 1983 in legitimate descent to fathers so connected, form the largest group of British Overseas citizens (estimated at over 1 million). Most also hold Malaysian citizenship. Travel freedom{{main|Visa requirements for Malaysian citizens}}As of April 2017, Malaysian citizens had an overall score of 156 on the Global Passport Power Rank, ranking the Malaysian passport 4th in the world according to the Visa Restrictions Index.[9] Footnotes1. ^{{cite web|url=http://www.commonlii.org/my/legis/const/1957/3.html|title=Constitution of Malaysia 1957|publisher=CommonLii|accessdate=25 January 2017}} 2. ^It is starting on 1 June 2010, for a child was born outside Malaysia or inside Malaysia, the child would acquire Malaysian citizenship as long as the child's father or mother is Malaysian citizen at the time of birth. http://www.kln.gov.my/web/chn_guangzhou/birth_marriage_cert 3. ^Wu, Min Aun & Hickling, R. H. (2003). Hickling's Malaysian Public Law, p. 33. Petaling Jaya: Pearson Malaysia. {{ISBN|983-74-2518-0}}. 4. ^NRD: 'H' indicates holder is a Sabahan, Daily Express, 5 June 2010 {{webarchive|url=https://web.archive.org/web/20110621233951/http://www.dailyexpress.com.my/news.cfm?NewsID=72917 |date=21 June 2011 }} 5. ^{{Cite web |url=http://curia.europa.eu/en/actu/communiques/cp06/aff/cp060070en.pdf |format=PDF|title=Judgments of the Court in Cases C-145/04 and C-300/04 – Kingdom of Spain v United Kingdom of Great Britain and Northern Ireland |publisher=The Court of Justice of the European Communities |date=12 September 2006 |accessdate=18 December 2007}} 6. ^Representation of the People Act 1983, Section 4(6) 7. ^Electoral Administration Act 2006, Section 18 8. ^Hansard, HC Deb 13 November 1972. vol. 846, cc. 24-5W 9. ^http://www.thestar.com.my/news/nation/2017/04/19/malaysian-passport-fourth-most-powerful/ References
External links
6 : Malaysian constitutional law|Malaysian nationality law|Nationality law|Immigration to Malaysia|Malaysia and the Commonwealth of Nations|Foreign relations of Malaysia |
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