CHILDREN BORN ABROAD TO SINGAPOREAN MOTHER AND FOREIGN FATHER (Rationale for not granting citizenship rights)

Dr Kanwaljit Soin asked the Minister for Home Affairs if he will explain the rationale for not granting citizenship rights to children born abroad to a Singaporean mother and a foreign father and whether he will consider introducing legislation to amend the law.

The Minister for Home Affairs (Mr Wong Kan Seng): I presume that in referring to "citizenship rights", Dr Soin is referring to the provision in Article 122(1) of the Constitution which allows for the citizenship by descent to be granted to a child born overseas of a Singaporean father. There is no similar provision for the case where the child's mother is a Singaporean. I should point out that even under Article 122(1), it does not confer such a right absolutely to a child born of a Singaporean father.

Let me explain. Firstly, the conferment of citizenship by descent is conditional upon the child being registered within one year of his birth. Secondly, if the child's father is a citizen by descent, that is, he is not a citizen by birth or by registration, then the child has no such right to be given Singapore citizenship. Thirdly, if the child, through his birth, acquires a foreign citizenship and his father is a citizen by registration, then the child also has no such right. In other words, the grant of citizenship to a child born of a Singaporean father by descent is not absolute.

Historical wisdom has decided that conferment of citizenship by descent be through one party and that party is the father. Just as it is customary today for the child's surname to follow that of the father, I do not see any real practical reason why nationality should not be passed on only through the father. If we change the Constitution, as suggested by Dr Soin, then we may have a situation where, depending on where the child is born and the nationality of his father, the child can end up having two or even three nationalities at birth.

The practical situation today is that our Constitution provides a ready channel for such children to be citizens by registration. These children are not deprived of a chance to be Singaporeans, like their mothers.

I am, therefore, of the view that we should leave the Constitution as it is as this has served us well in the spirit of our tradition which we should preserve.

Dr Kanwaljit Soin (Nominated Member): Sir, would the Minister confirm that if the Singaporean mother came to Singapore and had the baby in Singapore, then the baby would become a Singapore citizen? But if she has the baby abroad, the situation is different.

Mr Wong Kan Seng: If the baby is born in Singapore, under our Constitution, it says that if either parent is a citizen, the child can be a citizen.

Dr Kanwaljit Soin: Sir, would the Minister agree that it is a little anomalous that just because the mother takes the trouble to come to Singapore and have the baby, the situation changes? But if she has a premature birth and the baby is born in another country, the situation is again changed.

Mr Wong Kan Seng: It may seem anomalous. But the point is that a child born of a Singapore mother can still register the child as a citizen. There are other routes for doing this.

Dr Kanwaljit Soin: Would the Minister tell us those routes because they are generally not well known.

Mr Wong Kan Seng: I think it is quite well known because under Article 124 --