CONSTITUTION OF THE REPUBLIC OF SINGAPORE

Mr Charles Chong asked the Minister for Home Affairs whether his Ministry will review Article 122(1) of the Constitution of the Republic of Singapore making the conditions for according Singapore citizenship by descent to foreign born children of a Singapore parent more gender equal.

Mr Wong Kan Seng: Our Constitution does not make any distinction between a child born in Singapore to either a Singaporean father or Singaporean mother. Such children are Singapore citizens by birth. This would apply to most cases, as the majority of children born to a Singaporean parent or parents, are born in Singapore.

Our Constitution also provides for children born overseas to at least one Singaporean parent to be granted citizenship. Children born overseas to a Singaporean mother (and foreigner father) are not deprived of a chance to be citizens.

Article 122(1) of the Constitution allows for citizenship by descent to be granted to a child born overseas to a Singaporean father, provided that the child is registered within one year of birth. If the registration is not done within one year of birth, the Constitution allows for citizenship by registration to be granted to such children.

Article 124 of the Constitution allows for children born overseas of a Singaporean mother (and foreigner father) to be citizens by registration.

Although the Constitution has made this differentiation for births overseas, the practical effect is not great. The great majority of applications for citizenship of children born overseas to a Singaporean parent are approved.

The only other discernible difference between citizenship by descent and citizenship by registration lies in Article 129(3)(b) of the Constitution, which states that the Government may deprive the citizenship of a citizen by registration if, within 5 years of the grant of citizenship by registration, he has been sentenced to imprisonment for a term of more than 1 year or to a fine of more than $5,000 or if he has been engaged in activities which are prejudicial to the security of Singapore, or the maintenance of public order or essential services, or in any criminal activities prejudicial to the interests of public safety, peace or good order. For most people, these conditions are practically not applicable. Thus, while the form of the citizenship differs between a child born overseas to a Singaporean father and mother, the substance is practically the same.

We are not the only country to make such a distinction. We are guided by the reasoning that, in communities like ours, the man is traditionally the main or in many cases, the sole breadwinner of the family. The man's place of employment would therefore usually decide where the family would reside. It would therefore be more practical for the citizenship of the child born overseas to follow that of the father's.

Since the substance of the citizenship granted to children born overseas in either case is practically the same, my Ministry is of the view that, for now, we should not amend Article 122(1) of the Constitution.