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Thread: FAQ: Can the registration of "instant citizens" be challenged in court?

   
   
       
  1. #1
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    FAQ: Can the registration of "instant citizens" be challenged in court?

    Can a legal challenge be mounted against some of those verifiable instant citizens.

    Can a favourable court result be used to overturn an unfavourable election result?

    Can UMNO/BN use such a ploy should they lose GE13?

    ...................................



    The Federal Constitution (up to 2006) here. I counted more than 600 amendments to the Articles. So the claim of 700 amendments to the Constitution is not that far-fetched.

    http://www.tindakmalaysia.com/thread...l-Constitution
    py

  2. #2
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    According to Steven Choong, a foreigner must be resident in Malaysia for 10 out of 12 years before qualifying to become a citizen. Do the recent spate of instant citizens and voters qualify?

    Read this article by FreeMalaysiaToday -
    http://www.tindakmalaysia.com/thread...2480#post12480

    Steven Choong: No.

    .................................

    Peter Sinniah: Look at the paragraphs related to the granting of citizenships. They would give a better picture. Foreigners had to apply using G Form,
    where the prerogative lies with the Home Minister and not the NRD chief.

    Federal Constitution Article 19: The periods of residence in the Federation or the relevant part of it which are required for the grant of a certificate of naturalization are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which include the twelve months immediately preceding that date.
    py

  3. #3
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    Py Wong: Let's see what we have: Reference Election Laws by International Law Book Services.


    COE R14A. Authoritative text of electoral rolls (pg 129) *(This suggests it
    cannot be challenged in court.)*

    COE R28. Errors with regards to persons and places (pg 146)

    ROE R22. Certification of supplementary electoral roll (pg 187) Subparagraph (3) states .... subject to such alterations.... (*meaning the Chief Registrar can change acording to him whims and fancies.*)

    ROE 09. Electoral roll for the purpose of general election or by-election. (pg 180)
    For the purpose of a general election or a by-election, the Election Commission shall determine the last certified principal electoral roll and the supplementary electoral roll, prior to the dissolution of Parliament or a State Legislative Assembly or a vacancy occurring to be used in the general election or the by-election. (*This is open to abuse as it suggests that the EC does not need to use the most recent gazetted roll.
    * *The EC probably used this Regulation to disallow 690,000 young voters who were newly registered during the 1999 GE from voting).*
    **
    ROE R25. Chief Registrar may restore name in the electoral roll. (pg 18
    Subparagraph (1).... for any other reason..... (*meaning the Chief Registrar can change acording to him whims and fancies.*)
    Subparagraph (2)(d) striking out any superfluous entry.... (*no reason EC
    has no authority to remove dubious voters.)*
    Subparagraph (2)(g) striking out the name of any person who, in the opinion
    of the Chief Registrar, is not entitled, for any reason, to remain or be in the principal roll or in the supplementary roll. (*no reason EC has no authority to remove dubious voters)*

    There is something that states electoral roll cannot be challenged in court but I can't find the regulation right now.

    All in all, the EC has covered their bases quite well. SYABAS.
    py

  4. #4
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