• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
    • Highlights from the Appellate Courts
  • Members
    • Circulars
    • Malaysian Bar Library
    • Peer Support Network
    • Sijil Annual and Payments
    • Benefits
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful Forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
    • Malaysian Bar Lifetime Achievement Award
  • Public
    • Notices
    • Compensation Fund
    • Complaints
    • Legal Aid
    • MyBar Pro Bono Hub
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Payments
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • About Us
  • President's Corner
  • Press Statements
About Us
Malaysian Bar and Bar Council
  • About Us
  • Bar Council Members
  • Malaysian Bar Secretariat
  • Elections
President's Corner
  • Roll of Chairmen / Presidents
  • Press Statements
Committees
  • * Committees | Introduction
  • Ad Hoc Committee on Conditional Fee Rules (Re Non-Personal Injuries)
  • Ad Hoc Committee on Conditional Fee Rules (Re Personal Injuries)
  • Ad Hoc Committee on Contempt of Court
  • Ad Hoc Committee on Corporatisation of Law Firms and Multi-Disciplinary Practice
  • Ad Hoc Committee on Legal Services Blueprint
  • Ad Hoc Committee on Personal Data Protection
  • Ad Hoc Committee on Prison Reforms
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Statelessness
  • Ad Hoc Committee on Touting
  • Ad Hoc Pandemic Response
  • Ad Hoc Parliament Liaison Committee
  • Ad Hoc Peer Support Network
  • Ad Hoc Waqf Committee
  • Advocacy Training
  • AI, Cyberlaw and Data Protection Committee
  • AMLA Training Committee
  • Animal Rights Committee
  • Anti-Touting Committee
  • Arbitration
  • Art and Law Committee
  • Bahasa Melayu
  • Building
  • Child Rights
  • Civil Law and Law Reform Committee
  • Committee on AMLA
  • Committee on Orang Asli Rights
  • Committee on Persons with Disabilities
  • Committee on Reform to the Legal Sector
  • Constitutional Law Committee
  • Construction Law
  • Conveyancing Practice
  • Corporate and Commercial Law
  • Court Liaison
  • Criminal Law
  • Cyber and Privacy Laws Committee
  • Cyberlaw
  • Digital and Communications Committee
  • Enforcement Committee
  • Environment and Climate Change
  • Family Law
  • Finance
  • Government Affairs Committee
  • Human Rights
  • Industrial and Employment Law
  • INSAF Committee
  • Integration
  • Intellectual Property
  • International Affairs Committee
  • International Malaysia Law Conference 2026
  • International Policy and Practice Committee
  • Islamic Finance
  • Joint Committee on Environmental, Social and Governance (“ESG”)
  • Joint Working Committee on ELEVATE
  • Joint Working Task Force to Reform the Healthcare Dispute Resolution System
  • Law Reform and Special Areas
  • LAWASIA Conference 2024 Organising Committee
  • LawCare
  • Legal Databases Liaison
  • Legal Education Committee
  • Legal Profession
  • Legal Profession Practical Course Committee
  • Legal Tech, AI and Sandbox Committee
  • Mediation
  • Migrants, Refugees and Immigration Affairs Committee
  • MyBar Academy
  • MyBar Academy and Continuing Professional Development Committee
  • MyBar Ageing Rights Advisory ("MBARA") Committee
  • MyBar Carnival Organising Committee
  • National Legal Aid and YBGK Committee
  • National Legal Aid Committee
  • National Young Lawyers and Pupils Committee
  • Peer Support Network Committee
  • Personal Injury Claims and Awards
  • Professional Indemnity Insurance Committee
  • Professional Standards and Development
  • Publications
  • Regulatory Litigation Committee
  • Risk Management
  • Shipping and Admiralty Law
  • Small Firms Practice
  • Solicitors' Remuneration Enforcement
  • Sports
  • Sports and e-Sports Law Practice Committee
  • Sports Law Practice Committee
  • Strategic Litigation Committee
  • Syariah Court Liaison Committee
  • Syariah Law
  • Task Force on Independent Police Complaints and Misconduct Commission ("IPCMC") and Police Accountability
  • Tax and Customs Committee
  • Tender Review Committee
  • Trade in Legal Services Committee
  • Trade in Legal Services Committee
  • Women's Rights
  • Yayasan Bantuan Guaman Kebangsaan Committee
Previous Committees
  • * Previous Committees | Introduction
  • Ad Hoc Committee on Amendments to the LPA
  • Ad Hoc Committee on Anti-Money Laundering
  • Ad Hoc Committee on Benchmarking Law Firms
  • Ad Hoc Committee on Judicial Commission
  • Ad Hoc Committee On National Legal Aid Foundation
  • Ad Hoc Committee on Quality and Standards
  • Ad Hoc Committee on Rules and Regulations
  • Alternative Dispute Resolution
  • Gender Issues & Equal Opportunities (2005-2007)
  • Institutional and Law Reform
  • International Malaysia Law Conference 2012
  • International Malaysia Law Conference 2014
  • International Malaysia Law Conference 2016
  • International Malaysia Law Conference 2018
  • International Malaysia Law Conference 2020
  • International Malaysia Law Conference 2022
  • International Malaysia Law Conference 2023
  • LawCare Fund Management
  • Library
  • Malaysian Law Conference 2007
  • Malaysian Law Conference 2010
  • Motor Insurance Review Ad Hoc Committee
  • No-Fault Liability Scheme
  • Practice Management Support
  • Safer Malaysia
  • Standing Committee for the Promotion of Best Practices by Detaining Authorities (2005-2007)
  • Standing Committee on Court Rules (2005-2007)
  • Standing Committee on Eliminating Discrimination (2005-2007)
  • Standing Committee to Review LPA 1976
  • Study Loan
  • Task Force on Combined Rules of Court
  • Task Force to Review the Compendium of Personal Injury Awards
Contacts
  • Web Administrator
  • Complaints
  • Legal Aid Centres
  • State Bar Committees
  • Malaysian Bar Secretariat
  • Bar Council Members
  • Bar Council
Advertising
  • Advertise with Bar Council
Malaysian Bar Lifetime Achievement Award
  • Malaysian Bar Lifetime Achievement Award
  • Go back to list
Press Release | The Malaysian Bar Urges the Government to Re-evaluate and Halt Recent Proposed Amendments to Citizenship Laws Deemed Regressive 11 Dec 2023 3:04 pm

Every year on 10 December, the Malaysian Bar commemorates Human Rights Day to raise awareness on the universality and indivisibility of human rights, with a vision of empowering all of us to fight for our rights and to take action.

This year, the Malaysian Bar directs its focus particularly towards a long-simmering issue in need of immediate attention by the Government — citizenship and statelessness in Malaysia.

The Malaysian Bar commends the Government’s decision on 18 February 2023 in approving constitutional amendments to the Federal Constitution (“FC”) in relation to citizenship, in particular Article 14(1)(b) and sections 1(b) and 1(c) of the Second Schedule, Part II of the FC, to address the current discriminatory laws and grant automatic citizenship to children born overseas to Malaysian mothers and non-Malaysian fathers.

However, the Government had expressed that “other amendments related to citizenship, especially Part III, will be studied in greater detail by a committee established under the home ministry and will be tabled before the Cabinet after these proposed amendments have been finalised, taking into consideration feedback from engagements with all interested parties”.1

The Malaysian Bar notes that the Ministry of Home Affairs engaged with civil society organisations on 23 June 2023 to seek views on the proposed amendments to Part III of the FC on citizenship matters.  Some of the key proposed amendments (“proposed amendments to the FC”) include:

(1) Entirely removing sections 1(e) and 2(3) of the Second Schedule, Part II of the FC, which fundamentally protect persons from becoming stateless;
(2) Removing the right of foundlings, including abandoned children, to citizenship by operation of law under section 19B of the Second Schedule, Part III of the FC;
(3) Deleting the words “permanently resident” in section 1(a) of the Second Schedule, Part II of the FC;
(4) Including provisions consolidating and granting more discretion to the Government to reject or postpone citizenship applications;
(5) Repealing Articles 15(3) and 16A of the FC for consistency;
(6) Lowering the age limit from 21 to 18 to obtain citizenship in particular Articles 15, 15A, 19 and 23(3) of the FC; and
(7) Replacing the phrase “date of marriage” with “date of obtaining citizenship” on Article 15(1) read with Article 26(2) of the FC.

The Malaysian Bar is deeply perturbed about the above-listed seven proposed amendments to the FC, which will have far-reaching and detrimental effects to our society.  It will affect the lives of vulnerable persons and significantly exacerbate the long-standing issue of statelessness in Malaysia.  These proposed amendments to the FC are devoid of justifications and unsupported by proper data, and would remove the existing constitutional protection for some categories of stateless children, leaving them without any constitutional safeguards.  For instance, removing section 1(e) in its entirety will only exacerbate the current situation and add a new category of stateless persons to the existing long list of categories.

The negative impact — politically, economically and socially — on the lives of stateless persons cannot be overstated.  They would be denied access to, among other things, fundamental rights including formal education, healthcare, formal employment, and access to justice.  Due to all these disadvantages, they become vulnerable and earmarked for abuse, mistreatment, and subsequently, become victims of social ills.

The Malaysian Bar further notes that despite immense pushback from the various stakeholders at multiple platforms, the Unity Government appears to assert that their course of action is limited and is dependent on the decision of the Conference of Rulers, as the proposed amendments to the FC have been presented to them for consent.2

The Malaysian Bar urges the Government to re-evaluate and halt the proposed amendments to the FC as it is a step backwards and is perilous to the already vulnerable segment of our society.  A transparent, thorough, and genuine consultation process with the relevant stakeholders, as well as undertaking further research to fully understand the implications and impact of proposed amendments to the FC, would be the right course of next action.  Instead of implementing the proposed amendments, the Unity Government must ameliorate the current existing citizenship framework, preserving the constitutional safeguards within the FC and the recent court decisions,3 giving life to these existing constitutional safeguards.  Surely these existing constitutional safeguards are in place since Merdeka and have been conferred because the FC drafters thought that it would not be detrimental to the interests of the country to do so.4

The Malaysian Bar takes the position that the original provisions of the FC, which provided the Constitution with its basic foundation and structure, took into account the dignity and freedom of individuals,5 and cannot be destroyed by any form of amendment.  The powers to amend the FC should not abrogate, emasculate, or damage any of the fundamental rights or the essential elements in the basic structure of the FC.  The Government should therefore prioritise the welfare of the country, both citizen and non-citizen, including those currently stateless, but who have been living as Malaysians, considering Malaysia their only home.

The Government should emphasise the amendments to grant automatic citizenship to children born overseas to Malaysian mothers and non-Malaysian fathers, and put aside its plan to combine and package the seven listed proposed amendments to the FC, which would only serve to complicate the issue.

The Malaysian Bar is committed to supporting efforts to reduce the gap in this matter and pursuing other necessary legal reforms, and will continue to engage and participate in stakeholder engagements to provide our perspective and point of view, and assist in reviewing and giving feedback on the current state of laws.

Karen Cheah Yee Lynn
President
Malaysian Bar

11 December 2023

 


1 “Cabinet gives green light to amendments on equal citizenship”, Malaysia Now, 18 February 2023.

2 “Amid calls to refine proposed citizenship amendments, PM Anwar says govt must honour Rulers’ position, will explain to backbenchers”, Malay Mail, 6 November 2023.

3 For example, the Federal Court case of CCH & Anor v Pendaftar Besar bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71 recognising that section 19B of the Second Schedule, Part III of the FC allows foundlings to be presumed to be born to Malaysian parents at the time of their birth if the identity of their biological parents cannot be identified.

4 Kesavananda Bharati & Ors v State of Kerala & Anr LNIND 1972 SC 531, Supreme Court of India.

5 Ibid.

© Copyright Reserved 2026. Malaysian Bar.
Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Terms and Conditions.

Type “Hi” to begin your chat.

Do not share confidential or sensitive information. Verify any AI-generated content independently.

Disclaimer

This pilot chatbot service only provides information for general reference. The information provided does not constitute legal or professional advice. By continuing, you acknowledge that your input will be processed by AI, and you understand that AI-generated information may be inaccurate or incomplete and should be independently verified. Do not disclose confidential or sensitive information.

The Malaysian Bar is not liable for any loss or damage arising from reliance on any of the information provided. By using this service, you accept the applicable Terms and Conditions.
 

I'm a

 
 
 
 
 

I'm a