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Constitution of Malaysia 1957 |
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NOTES
Art. 1:
The original Article as it stood on Merdeka Day read as follows;
"1.
(1) The Federation shall be known by the name of Persekutuan Tanah Melayu (in English the Federation of Malaya)
(2) The States of the Federation are Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu (formerly known as the Malay States) and Malacca and Penang (formerly known as the Settlements of Malacca and Penang).
(3) The territories of each of the States mentioned in Clause (2) are the territories of that State immediately before Merdeka Day."
Art. 1 (2):
The present Article without Clause (4) was inserted by Act 26/1963. s.4. in force from 16-9-1963 (i.e. when Malaysia was established). Act 59/1966 s.2. in force from 9-8-1965 (i.e. the date Singapore left Malaysia) amended Clause (2) by deleting therefrom para (c) which read as follows:
"(c) the State of Singapore."
The present Clause (2) was substituted by Act A354, s. 2. in force from 27-8-1976. This Clause before its substitution by Act A.354 was amended by Act 26/1963, s.4. in force from 16-9-1963 (i.e. when Malaysia was established) read as follows:
"(2) The States of the Federation shall be -
(a) the States of Malaya, namely, Johore, Kedah, Kelanta, Malacca, Negeri, Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu;
(b) the Borneo States, namely, Sabah and Sarawak; and
(c) the State of Singapore."
Art. 1 (3):
The words "Subject to Clause (4)," were inserted before the words "The territories of each of the States" by Act A206, Schedule, in force from 1-2-1974.
Art. 1 (4):
1. The original Clause which was added by Act A206, Schedule, in force from 1-2-1974 (i.e. the date of the establishment of the Federal Territory of Kuala Lumpur) read as follows:
"(4) The territory of the State of Salangor shall exclude the Federal Territory established under the Constitution (Amendment) (No.2) Act 1973."
2. Subsequently this Clause was amended by Act A566, s.2. (1), in force from 1-2-1974, by inserting the words, " and the Federal Territory shall be a territory of the Federation." Section 2 (2) of Act A566 also provided w.e.f. 1-2-1974 that -
"Any reference in the Constitution and any other written law to the Federation, Malaya, Malaysia, the States of the Federation, the State of Malaya, or West Malaysia, however used, whether or not used in conjunction with or as part of another, shall be construed to include a reference to the Federal Territory, unless there is a provision to the contrary or there is something in the subject or context inconsistent with or repugnant to such construction".
3. The present Clause was substituted by Act A585, a. 11, in force from 16-4-1984.
Art. 2:
See Art. 22, 113 (3), 159 (4) (bb).
Art. 3 (2):
1. The words "States not having a Ruler" in line 1 were substituted for "Malacca and Penang" by Act 26/1963, s. 7 (1), in force from 16-9-1963.
2. The words, "religion of Islam" were substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976.
Art. 3 (3):
The words "religion of Islam" were substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976. The words "States of Malacca, Penang, Sabah and Sarawak" were substituted for "States of Malacca and Penang" by Act A354, s.3. in force from 27-8-1976.
1. Act 26/1963, s. 7(2), in force from 16-9-1963, substituted "Penang and Singapore" for "and Penang" Act 59/1966, s. 2, in force from 9-8-1965, restored the original version "and Penang".
2. See Art. 5 of the Constitutions of the States of Malacca and Penang.
Art. 3 (5):
1. Added by Act A206, Schedule, in force 1-2-1974 and amended by Act A354, s. 45, in force from 27-8-1976, substituted "religion of Islam" for "Muslim religion" and "Islamic" and "Muslim".
2. The words "Territories of Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, Schedule, in force from 16-4-1984.
Art: 4 (1);
See Art. 159A.
Art. 4 (3):
The words "in proceedings for a declaration that the law is invalid on that ground or "which appear before para. (a) were inserted by Act 26/1963, s. 40, in force from 16-9- 1963.
Art. 4 (4):
Added by Act 26/1963, s. 40, in force from 16-9-1963.
Art. 5 (1):
See Art. 149 (1).
Art. 5 (2):
The words "a High Court" which appear in line 1 were substituted for "the Supreme Court" by Act 26/1963, s. 70. in force from 16-9-1963.
Art. 5 (4):
Proviso added by Act A354, s. 4, in force from 31-8-1957.
Art. 6 (4):
Added by Act A354, s. 5, in force from 27-8-1976.
Art. 8
See Art. 12.161A (5) Clause (5) (c): The words "Malay Peninsula" were substituted for "Federation" by Act 26/1963, s. 70, in force from 16-9-1963.
Art. 9
See Art. 149 (1).
Clause (2):
1. The words "Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof" which appear at the commencement were substituted for the words "Subject to any restriction imposed by any law relating to the security of the Federation" by Act 26/1963, s. 60 (1) in force from 16-9-1963.
2. See Art. 4 (2) (a).
Clause (3):
1. This Clause was added by Act 26/1963, s. 60 (1), in force from 16-9-1963. A proviso which was added at the same time was repealed by Act 59/1966, s. 2, in force from 19-9-1966. As it stood on the date of repeal, the proviso read as follows:
"Provided that no restriction on the right of movement between the State of Singapore and the State of Malaya shall be imposed by virtue of this Clause except by a law relating to labour or education or to any matter in respect of which, because of the special position of the State of Singapore, it appears to Parliament to be desirable to prevent the enjoyment of rights both in the State of Singapore and in the States of Malaya."
2. This Clause (3) applies to laws passed before Malaysia Day so as to impose restrictions with effect from Malaysia Day - Act 26/1963, s. 60 (2).
3. The proviso to Clause (3) was amended by adding " and any such restriction shall apply reciprocally to the State of Malaya and the State of Singapore" at the end of the proviso by Act 19/1964, s. 2. in force from 30-7-1964.
Art. 10:
See Art. 149 (1)
Clause (1): The words "Subject to Clauses (2), (3) and (4)" substituted for "Subject to Clauses (2) and (3)" by Act A30, s. 2, in force from 10-3-1971.
Clause (2):
1. The words " or any part thereof" which appear in paras (a), (b) and (c) after the word "Federation" were inserted by Act 26/1963, s. 60 (3), in force from 16-9-1963.
2. See Art. 4 (2) (b).
Clause (3) was added by Act 26/1963, s. 60 (4), in force from 16-9-1963, which also amended Clause (1) by substituting the words "Clause (2) and (3)" for "Clause (2)" appearing at the commencement of the Clause.
Clause (4) added by Act A30, s. 2, in force from 10-3-1971.
Art. 11 (4):
1. The words "and in respect of the Federal Territory, federal law" were inserted after "State law" in line 1 by Act A206, Schedule, in force from 1-2-1974. The words "religion of Islam" substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976.
2. Subsequently the words "Territories" Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, Schedule, in force from 16-4-1984.
Art. 12 (2):
1. The present Clause (2) was inserted by Act A354, s. 6, in force from 27-8-1976 and replaced the earlier Clause which read as follows:
"(2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law, but federal law or State law may provide for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion."
2. The words "or State law" which appears in line five after "federal law" were inserted by Act 25/1963, s. 2 (1), in force from 31-8-1957 vide s. 3 (3).
Art. 14
1. The present Article was inserted by Act 26/1963, s. 23, in force from 16-9-1963, but Clauses (1) (c), (2) and (3), which are reproduced below, were repealed by Act 59/1966, s. 2, in force from 9-8-1965.
"(1) (C) every citizen of Singapore.
(2) Subject to the provisions of this Part, provision with respect to citizenship of Singapore may be made by the constitution of that State, and may be amended by laws passed by the Legislature of that State and approved by Act of Parliament.
(3) Citizenship of Singapore shall not be severable from citizenship of the Federation, but a Singapore citizen by the loss of either shall lose the other also (subject to the provision made by this Part for the enrolment of a Singapore citizen as a citizen who is not a Singapore citizen)."
2. The earlier Article, as it stood at the date of repeal, read as follows:
"14.
(1) Subject to the following provision of this Article, the following persons are citizens by operation of law, that is to say:
(a) every person who, immediately before Merdeka Day, was a citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement, 1948, whether by operation of law or otherwise;
(b) every person born within the Federation on or after Merdeka Day;
(c) every person born outside the Federation on or after Merdeka Day whose father is a citizen at the time of the birth and either was born within the Federation or is at the time of the birth in service under the Government of the Federation or of a State;
(d) every person born outside the Federation on or after Merdeka Day whose father is a citizen at the time of the birth, if the birth is registered at a Malayan Consulate or, in the case of any such person born within any prescribed territory , with the Federal Government, within one year of its occurrence, or within such longer period as the Federal Government may in any particular case allow.
For the purposes of paragraph (d) of this Clause "prescribed territory" means Singapore, Sarawak, Brunei or North Borneo, or any such other territory as the Yang di-Pertuan Agong may by order prescribe for such purposes.
(2) A person is not a citizen by virtue of paragraph (b) of Clause (1) if, at the time of his birth -
(a) his father, not being a citizen of the Federation, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong; or
(b) case of a birth occurring in a place under occupation by the enemy, his father was an enemy alien; or
(c) neither of his parents was a citizen of the Federation and neither of them was a permanent resident therein. Provided that paragraph (c) of this Clause does not apply -
(i) to any person born within the Federation before the date on which section 2 of the Constitution (Amendment) Act 1962 came into force;
(ii) to any person if, as a result of the application of that paragraph, he would not be a citizen of any country.
(3) For the purposes of this Article a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that Country.
(4) For the purposes of paragraph (c) of Clause (2) a person shall be treated as having been at any time a permanent resident in the Federation if, but only if, he was then resident in the Federation and either -
(a) he then had permission, granted without limit of time under any federal law, to reside there; or
(b) it is certified by the Federal Government that he is to be treated for the purposes of the said paragraph (e) as a permanent resident in the Federation.
(5) A certificate of the Federal Government that a person is or was excluded from the applications of paragraPH (C) of Clause (2) by paragraph (ii) of the proviso to that Clause shall be conclusive evidence of the matter certified.
Art. 15
1. The present Article was inserted by Act 26/1963, s. 25, in force from 16-9-1963, Act 59/1966, s. 2, in force from 9-8-1965, amended it -
(a) by repealing Clause (6) which read as follows:
"(6) In Clause (1) the words 'outside Singapore' shall not have effect in the case of a woman whose husband is a citizen by naturalisation under Clause (2) of Article 19."
(b) by deleting the references to Singapore and Singapore citizens in Clauses (1) to (5).
Clause (1): See Art. 24 (4), 26 (2), 28 (1) (b), 28A (3).
Clause (3): See 2nd Sch. Pt III. s.18.
2. The original Article as it stood on Merdeka Day read as follows:
"15
(1) Subject to Article 18, any woman who is married to a citizen is entitle, upon making application to the registering authority, to be registered as a citizen.
(2) Subject to Article 18, any person under the age of twenty-one years whose father is a citizen or, if deceased, was a citizen at the time of his death, is entitled, upon application made to the registering authority by his parent or guardian, to be registered as a citizen if that authority is satisfied that he is ordinarily resident in the Federation and is of good character."
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