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So - unless/until the Lee Thean Hock case is superceded by another ruling, it looks as though your Malaysian citizenship is safe, in the event of your acquiring a BOC passport.2.11.1 The Constitution of the Federation of Malaysia provides that Malaysian citizens may by order be deprived of citizenship if:
• they have acquired citizenship of any country outside the Federation either by registration, naturalisation or other voluntary and formal act (Clause 24(1)); or
• they have voluntarily claimed and exercised, in a foreign country, any rights available to them under that country's laws where those rights are accorded exclusively to that country’s citizens (Clause 24(2))
2.11.2 Under Clause 24(3A) of the Constitution, a person is deemed to have claimed and exercised a right mentioned in Clause 24(2) if, after 10 October 1963, he or she either:
a. applies to the authorities of a place outside the Federation for the issue or renewal of a passport; or
b. uses a passport issued by the authorities of a place outside the Federation as a travel document
2.11.3 It had been our previous understanding, and the Malaysian government’s position, that acquisition of a BOC passport by a Malaysian citizen was sufficient justification for the deprivation of Malaysian citizenship.
2.11.4 However on 21 February 2005 in the case of Lee Thean Hock, Judicial Review number 25-64-2004 the Penang (Malaysia) High Court took a different view. The Court drew a distinction between the acquisition of a British citizen passport, which could justify deprivation under Article 24(2) of the Constitution, and the acquisition of a BOC passport, which could not.