History
A People's Constitution
Proposals by the AMCJA-PUTERA - part 5
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History
A People's Constitution Proposals by the AMCJA-PUTERA - part 5 |
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In this series we publish the People's Constitutional Proposals proposed by the AMCJA-PUTERA in 1947. The Introduction (in Issue 42) is a valuable historical document which tells of how the UMNO came to be formed and its subsequent break-up, leaving a rump organisation which the British chose to talk to. This instalment continues the Proposals on citizenship. THE PEOPLE'S CONSTITUTIONAL PROPOSALS FOR MALAYA, 1947 Drafted by Representatives of the PUSAT TENAGA RA'AYAT or PUTERA, and the ALL-MALAYA COUNCIL OF JOINT ACTION between the months of May and August,1947, and approved by two Conferences of Delegates from the PUTERA and the ALL-MALAYA COUNCIL OF JOINT ACTI0N on July 4–7, and on August 10,1947, together with a full exposition, and an analysis of the Government's Constitutional proposals. **************** CITIZENSHIP. SECTION 4: - (1) Citizenship may be acquired by the granting of a certificate of naturalisation. (2) A certificate of naturalisation may be granted by the Minister for Home Affairs on his being satisfied that the applicant: (i) has resided in Malaya for eight out of the ten years preceding the application, Provided that any period or periods of absence from Malaya, for the purpose of education or otherwise, consistent with essential continuity of residence in Malaya, may be included in computing any such periods of residence; And provided that this qualification shall not be required of any woman who was a citizen prior to her marriage to an alien, and whose husband has died, or whose marriage has been dissolved; |
| (ii) is over the age of
18 years at the time of the application; (iii) is of good character; (iv) has made a sworn declaration that he intends, if his application is granted, to reside permanently in Malaya; and (v) has passed a simple, oral test in the Malay language. (3) A certificate of naturalisation shall not take effect until the applicant has taken the following Oath of Allegiance, or such translation of such Oath of Allegiance as may be authorised by the Minister for Home Affairs as correct and appropriate having regard to differences of religious belief: "I,.........., of ............, do solemnly declare (swear) that I will bear true allegiance to the Federation of Malaya. (So help me God)." (4) When an alien obtains a certificate of naturalisation, the Minister for Home Affairs may, on the application of that alien, include in the certificate" the name of any child of that alien born before the date of the certificate, and being under the age of 18, and that child shall thereupon become a citizen. Provided that any such child may, within one year of attaining to the age of 18, make a declaration of alienage, and shall thereupon cease to be a citizen. (5) The Minister for Home Affairs may grant or refuse an application for a certificate of naturalisation at his absolute discretion, Provided that any person whose application for a certificate of naturalisation has been refused may petition the Federal Legislative Assembly to review the decision of the Minister. ' The provisions of this Section follow the normal practice of nationality law, and are largely based on the British Nationality and Status of Aliens Act, 1914. It will be observed that we have provided that the applicant for naturalisation must pass a simple oral test in the Malay language only, whereas the "Working Committee provision permitted the alternative of the English language. Since Malay is the language of the indigenous people, and is, moreover, the 'lingua franca" of the domiciled people, and will become so to an ever-increasing , wextente have thought it both proper (and desirable to confine this test to the Malay language. . 27 It will also be observed that, unlike the Working Committee, we have incorporated a full Oath of Allegiance into our Proposals; this, of course, is the natural corollary of our definition of citizenship as a nationality connoting allegiance. |
| Our provisions diverge from English
practice only in that we have, provided for the reference of applications
for naturalisation refused by the Minister to the Federal Legislative
Assembly. This we have done because we have considered it desirable that the exercise of the Minister's powers in this important respect should be subject to the immediate control of the democratic Federal Legislative Assembly. Bitter experience of the arbitrary exercise of such powers by officials not subject to democratic control have led to the provision of this safeguard m our Proposals. SECTION 5: - (1)(a) If, in the opinion of the Minister for Home Affairs, it is desirable, that any certificate of naturalisation granted by him should be revoked, the Minister shall refer the case to the Federal Court for enquiry, and shall make a report in writing setting out the reasons why he considers that such certificate should be revoked, and shall cause to be served on the person whose certificate is to be enquired into a copy of such report. (b) The Federal Court, on receipt of the aforesaid report, shall issue a summons to the person whose certificate is to be enquired into, to appear before the High Court on the hearing of the enquiry, and after reading the report of 'the Minister, and after hearing the evidence, it any, of the person whose certificate is being enquired into, shall recommend to the Minister that the certificate should or should not be revoked, as the case may be, and the Minister shall, in accordance with such recommendation, either revoke the certificate or not, as the case may be. (2) Any citizen shall cease to be a citizen who: (a) remains out of Malaya for more than two consecutive years without making a formal declaration in writing attested by two witnesses to the effect that he desires to retain his citizenship, and delivering such declaration to the Minister for Home Affairs within such period of two years, Provided that any period of absence from Malaya for the purpose of education or otherwise consistent with essential continuity of residence in Malaya, shall not be deemed to constitute absence from Malaya for the purpose of this sub-section. or (b) when in any foreign state and not under a disability obtains a certificate of naturalisation as a citizen of such state, or by any other voluntary means becomes naturalised in that state, or does any act inconsistent with the retention of citizenship, or (c) being female, marries or is married to an alien, Provided that any citizen whose husband ceases during the continuance of the marriage to be a citizen, may, within six months from the date of the loss of citizenship by such husband, make a declaration that she desires to retain her citizenship, and shall thereupon be deemed to remain a citizen, |
| or (d) make a declaration
of alienage. Any citizen of the age of 18 and above, and not under a disability,
may make a declaration of alienage: (i) who at his birth or at any other time, became under the law of any foreign state, the subject of that state also, and is still such subject; (ii) who has been naturalised as a citizen of Malaya; (iii) whose parent or parents obtained while such person was under the age of 18 years, a certificate of naturalisation in which that person's name was included; Provided that no citizen may make a declaration of alienage for the purpose of evading military service; or (e) is a person under the age of 18 year whose father or widowed mother ceases to be a citizen Provided that this shall not apply when the widow ed mother loses her citizenship by reason of her marriage to an alien, And provided that any child who has so ceased be a citizen may, within one year of attaining to tl age of 18 years, make a declaration that he wishes resume Melayu nationality, and shall thereupon resume Melayu nationality, or (f) being a citizen by virtue of the operation of Section 3 (2) (c), does not, within one year of attaining to the age of 18 years, make ai declaration of retention of citizenship, duly registered. We have thought it desirable under Sub-Section (1), that certificates naturalisation should only he revoked after public judicial enquiry, the Minister merely taking formal action on the recommendation of the Federal Court. The principles on which the Federal Court would act in the case of such reference by the Minister, and such details as the method of service of Minister's report, appearance by Counsel, and other matters of procedure, have left to later legislation. Sub-Section (2) (a) follows American practice, and is, in our opinion very desirable and necessary provision having regard to the special problems arising from Malaya's racial composition. The remaining provisions follow English practice and are based on British Nationality and Status of Aliens Act, 1914. |
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RIGHTS AND DUTIES OF CITIZENS. A. RIGHTS. SECTION 6: - All citizens of Malaya enjoy equal fundamental rights and opportunities in the political, economic educational and cultural spheres, regardless of race, creed, colour or sex. SECTION 7: - All citizens of Malaya are equal before the law. SECTION 8: - Women enjoy equal rights with men under the constitution in every respect. SECTION 9: - Citizens of Malaya are guaranteed freedom of person which shall include: Freedom of speech Freedom of publication Freedom of assembly and meeting Freedom of religion and conscience Freedom of movement SECTION 10: - Citizens of Malaya shall not suffer arrest or detention or search of their homes and correspondence except under due process of the law. They are also guaranteed a speedy and fair, trial in the event of arrest. SECTION 11 - The rights of property of citizens of Malaya are guaranteed and shall not be endangered without due process of law. SECTION 12: - A minimum wage level shall be fixed for all wage and salary earners, whether manual, clerical, professional or otherwise. SECTION: 13 - Citizens of Malaya have the right to maintenance in old age and also in the case of sickness or loss of capacity to work. |
| SECTION 14: -- Citizens of Malaya have the right to leisure. SECTION I5: - Citizens of Malaya have the right to education. SECTION 16: - Every worker has the right to at least two weeks' vacation leave with full pay .every year; and women workers to two months' maternity leave with full pay. SECTION 17: - The right to strike is guaranteed by this constitution. SECTION 18: - It is a right, guaranteed by the constitution, for any citizen to petition the Council of Races drawing the attention of the Council to the need for any measure, which he feels is necessary for the advancement or protection of any section of the people. # (to be continued) For Part 4 Go to the top |
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