DWIKERAKYATAN DALAM KOMANWEL DI PERSEKUTUAN TANAH MELAYU: ANTARA PERSOALAN KESETIAAN DAN PERSOALAN PRINSIP

DUAL CITIZENSHIP WITHIN THE COMMONWEALTH IN THE FEDERATION OF MALAYA: THE ISSUES OF LOYALTY AND PRINCIPLE

Abstract

During the decolonization of the Federation of Malaya, both the Alliance government and the British colonial government claimed the loyalty of the British citizens residing in the Federation. The Alliance Government perceived dual citizenship as a question of loyalty and did not accept dual loyalty for Federal citizens after Independence Day (Merdeka Day). The formation of a sovereign nation state required the undivided loyalty of the Federal citizens. However, the British colonial government viewed dual citizenship as a matter of principle, in which British citizens residing in the Federation before Merdeka Day, should not be deprived of their British citizenship status. The British wanted to ensure that British subjects residing in their former colonies retained their British citizenship status after obtaining Federal citizenship under the national constitution of the new nation-state. This article shows that although British citizens were allowed to maintain their status along with the Federal citizenship under the 1957 constitution, the status of dual citizenship within Commonwealth did not last long. After national independence, the Federal Government has gradually restricted the rights of these dual citizens through constitutional amendments in 1962 and 1976. Thus, the status of dual citizenship within the Commonwealth no longer has any legal significance even if the provision remains in the Federal Constitution.   Received:​​ ​16 June 20​20

Reviewed: ​​​​​24 July 20​20

Accepted: ​8 ​October 20​20​