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Kota Kinabalu (Daily Express, Sabah): The on-going issuance of green MyKads to some 30,000 so-called stateless people nationwide by the National Registration Department (NRD) goes against regulations, said veteran politician Dr Chong Eng Leong.
"Does this mean foreigners with valid work permits are candidates for the green MyKad? What is the validity period? What is the legality when the work permit expires and not extended within the validity of this green MyKad?" he asked Wednesday. He said the green MyKad is not meant for those supposed to be citizens by operation of law and the NRD should be fully aware of this. The National Registration Regulations 1990 regulations 3, 5 and 27 are relevant, he said, adding that Regulations 3 deals with the persons to be registered, Regulations 5 deals with the issue of identity cards and Regulations 27 deals with persons exempted from registration according to these regulations. Regulation 3 (1), he said, reads that "all persons within Malaysia on the date of the coming into force these Regulations and all persons entering Malaysia (except those exempted under Regulation 27) shall É register in accordance with these Regulations". Regulation 27 relates to those who are exempted are bona fide travellers in possession of a valid passport or other travel documents or official document of identity that has been stamped by an immigration officer of Malaysia to show they are permitted to remain in Malaysia for a period of 12 months or less, or that they is in transit, he said. While, Regulation 5 (3), reads that "in the case of a person lawfully entering Malaysia under a valid immigration pass or permit otherwise than as a permanent resident or citizen and not being a person exempted under these regulations, a green stripe with the words "Penduduk Sementara" (Temporary Resident) printed on the identity card". Hence, he said the green MyKad should not be issued to IMM13 holders, foreigners with passport and sponsored by someone entitled to do so. It is strictly meant for birth certificate holders and stateless, because Regulation 3 (1) read together with Regulation 5 (3)(C) means that paperless or illegal immigrants or their children born in Malaysia are not meant to be issued any MyKad, even if alleged stateless because they did not enter Sabah lawfully. "So why is NRD doing this against the regulations just because they are directed by Home Minister Datuk Seri Syed Hamid Albar?" he asked. Dr Chong said NRD Director-General Datuk Mohd Abdul Halim had said that the exercise was to register 30,000 stateless people nationwide but that in Sabah alone already thousands went to the NRD office in Kota Kinabalu and Tawau on the first day. "How did NRD get this figure of 30,000 nationwide?" he asked. Dr Chong also reminded the NRD that fraudulently acquired Birth Certificates are aplenty and that late registered birth certificates must be verified by First Class Magistrates before they could be received in evidence as per Sabah Birth and Death Ordinance Cap 123. He said the central government must have a master plan on how to tackle Sabah's perennial problem of foreigners with the IMM13 and Project ICs and the paperless issue. "Not just come out with an ad hoc exercise like this present one, if the Federal Government is serious in protecting Sabah's sovereignty within Malaysia," he said. Meanwhile, Parti Keadilan Rakyat (PKR) Vice President Datuk Dr Jeffrey Kitingan called for the green Mykad registration exercise to be stopped until all questions are satisfactorily answered. "What is the real objective of this exercise? Is it to solve the Malaysian local citizenship problems or is it an exercise in granting permanent status and citizenship to aliens?," he asked in a statement. The State Government, he said, should be satisfied that such exercise is transparent and is not an open licence to legalise aliens in the State. Based on the numbers registering, it was unexpectedly high and unprecedented with an average 2,000 to 3,000 a day, he said, adding that most comprised illegal immigrants and foreigners. Those who obtain the green cards, he said, are given permanent stay status (of five years) and are allowed to find employment without any restrictions and the applicant only had to provide a birth certificate and/or guarantee from an employer. "This is ridiculous. How do we know that the birth certificates are genuine? The guarantor could also be suspect. How do we know that the employees/employers are genuine?," he asked. Jeffrey claimed that some of the applicants could have obtained birth certificates through dubious Statutory Declarations. "The NRD (National Registration Department) said that this card is issued to stateless people with birth certificates. I presume the issuance of this green card is made pursuant to the provisions of the National Registration Regulations 1990 wherein the holder would be within the category of temporary resident. The provisions of these regulations were, however, meant for persons who had lawfully entered Malaysia under a valid immigrant pass or permit. In this instance, the present exercise is outside the scope of the intended category of persons, he said. "The NRD deems it necessary to issue green cards to those in possession of Malaysian birth certificates. Whatever is the rationale to issue these cards, the NRD must ensure that the issuance is within the law and that the birth certificates, which are the basis of such issuance, are not fraudulent and further where the birth certificates are marked "Late Registration" under the Sabah Births and Deaths Ordinance Cap 123, such certificates must not be received in evidence until the a First Class magistrate has verified the truth of the contents of the Late Registration extract. "I believe many of the alleged stateless persons are in possession of late registration birth certificates and unless these have been verified by the magistrate, the green card must not be issued," he said. Jeffrey urged the NRD to seriously consider these requirements as "any omission or the lack of it could be construed as another exercise to grant de facto citizenship to illegal aliens through the issuance of the green card."
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