XXIII tal-1989

I assent.

CF../'oiSU T AI)Ol'o'e

Presiden t

2111111uly. 19R<)

ACT 1\0. XX III of 19119

AN A CTro amnu] Iltf Ca"$/twlU}n

BE IT ENACr ED by the Presiden!. by and "'ilh the ad'ice and

ooOSC nl of Ihe House of Reprcse nlal ilcs. in this prescnt l'arh.lnIent

assembled. and by the 3u \ honty or the sa me. 3S follo"'s: -

I. 'Illis Act may be cited as , 11 .. Con ~l itulllm (AmClldmcrH) A CI .

1989. and shall be r .. ad and construed as onc " ilh the ConSlinu ion of

Malta. herei naf'':T retcn ed (" as ·'the ConS lill1! inn" .

Sect;,)O 2J of th .. C"n~tilu liu" shall he amt'"dcd ~s follows

(a )

in subsection (2) the reof -

(ij fo r the words "An ~ woman

there sllall be

substituted the words "AoI' pcrMm "

(ij) ,n paragraph (h). for th e words "but for his death,"

there shall be subsli ll.l1ed the word, "'but fo r hi s or her de ll1 h.";

(b) in subsect io n (3) thereof. for the words " any " 'uman"

Ihere shall be subst i tuted the words "any pen,on": and

(c) im mediately afte r subSl."ction (7) th ereof Ihere sha ll be

added the following nc w suns.,ction

"(3) No pawn shall afIC , the t-<l Augu_1. l~, b.

.,f

c ntitled lu bc reJli~lcrcd as a ci li7 .• -' n uf ,\ blm on virtlle

"r

,uhsect ion~ ( ~ ) and (3) Ih is scct i"n, link,,

(a) tile Minister is satisfied tll at tile grant of

citizenship tu sucll person is nOl oomrary to tile fXIblic

imeresl: and

(b) on the dale of Ihe applica tion such per.;on was

still married tu a citizen of Malta, or is the widow or

wido,,'Cr of a per.;on woo was a citizen of Malta or of a

person who lIaving died before tile appointed day would,

but for hisor herdeath. ha"e become a citi~en of M~lta by

.-irtuc of sedion 22 of this Constitu tion.·'.

For se<:tion 25 of tile Constitution tllere shall be substitu ted Sabs, ;,", ,,,,,

"r """';.,.,

the fo llo"'ing

250('11<

Co,,,,;,.,,,,,,

( I)

Every person born in Malta on or afte r the

of";,iHn.l"p appointed day shall become a citizen of Malta al the date of

h· h· h

oi-~n' by IS Irt

Provided that in tile case of a person born on or

before the 31st July. 1989. sueh person shall oot bemme a

ci ti ~en of Malta by virtu I.' of this subsection if attllc time of his

hirth _

(a) neither of his parenl5 was a ci tizen of Malta and

his father possessed such immunity from suil and legal

process as is arxorded to an envoy of a foreign $()\"ereign

po"'er accredi te<lto Malta: or

(b) his fa tller was an enemy alien and Ihe birth

occurred in a place then under occupation by the ene my

Provided furthe r that in the case of a person born on

or after the 1st August. 1989 such person sllall nOl become a

citizen of Malta b)' viTlue of th is subsection unless lithe time

of his lIirth his fmh er or his mother is

(a)

acitizenofMalta ;or

(b) a person referred to in paragraphs (a)or (b) of

subsection (4) of section 44 of tllis Constitution.

(2 ) A person born ou tside Malta on or after the

appointed day shall herorne a citizen of Malta al the date of

hishirth

la) in the C'oISC uf 0 person born on or before tile

.11,t Jul~' . 1<JS<J. ir at tile date of such person', birth. his

f"l her i~ a ci ti7.cn of Malta otherwise than by virtue of this

,uho.eClion or . suhsection (2) of section 12 of this

Cnn'litu tion: and

(b) in the case of a per~.Hl born on or after the 1st

Augu st. 1989. if at the dah: of such person 's birth his

father or his mo ther is a citizen of Malta otherwise than

by "inue ufthis subsectio n or subsection (2) of section 22

o f this Constitution ... .

4 . For section 260f the Constitu tion there sha ll be substilulCd the

follow ing

Anyper~>n .... hoonor afterthcappointcdday

( I)

-~II"­

...... marries a person .... ho is or becomes a citizen of Mal ta sha ll be

'''' M.~ •.

entitled, upon makillg appliC<llion in sueh mallner as may be

prescribed and upon taking the oath of allegiance. to be

registe red as a citizen of Malta ,

(2) Wil h effect from the ISI August. 1989. no

person shall be elltitk-d to be regiSlered as a citizenofMaha in

virtue of t his sect ion unless

(a)

the Minister is satisrled that the grant of

citi~e nship to such person is not contrary to Ihe public

interest: alld

(h) on the date of the appl ica tion such pe rso n "'as

Slill milrri ed 10 a cilizen of Malla or is the .... idow or

wido .... er of a person who was a citizen o f Malt a at the

time of hi s or her de .. th, ",

5. Sec tion 27 of the Constitutioll shall be amended as follows

(a ) fo r Ih;: proviso to subsection (0 th ereof there s h~1I be

substit uted the follo .... ing proviw

" Prollided Ihat in relation 10 a person

(a) .... ho auains the age of eighteen years o n or bod ore

the 20th September. 1966, Ihis subseelioll shall appl y as if for

the refe rence to his attainme nt of Ihe age of nineteen ye ars

there .... ere sUOstituted a reference to the 20th Septembe r,

1967; and

(b) who is or was a ci tize n of Malta in Il;rt ue of

subsection (2) of seelioll 25 of this Constitution . in virtue of his

fathe r being deemed never to ha" e lost his citizenship o f Ma lta

in accordance with the pro"isions of pilragrnph (b) o f the

pro~iw to subsection (3) of this sect ion. and .... ho allained the

age of eighteen year.; prior 10 the 1st August. 19!19, this

subsectio n shall apply as if for the reference to his attainmen t

of the age of nineteen year.;, there were subst ituted a refe rence

to the 1st August. 1990

Pro~ided further that this subsection shall not apply in the

case o f a person who is a citizen of Malta in ~iTlue of subsection (1 )

of section 25 of this COllstitutioll and who after emigrating 10

another country prior to his nineteenth birthday acquires the

citizenship of that other co untry

So ho""e\"er that if such person re turns to reside in Malta

Ilefore the e ~Jlirat ion of six )"ears from the dateofh isemigralion he !;hall

cease 10 be a ci tizen of Malta unle5s he has reoounccd hisciti:zenship of

that other coun try either

(a) after attaining the age of eightccn years and before

all aining the age of nineteen years: or

(b)

beforc thc cxpira tion of onc year from his rcturn 10

Malta

whi,hever is the late r. Provided thal any stay in Malta for a period or

periods nOI e~ceed ing three months in a nyone year orof twch'c month$

in the aggregate shall n01 be taken into account and shall not be

considered as a return to Malta. ";

(b) immediately at the end of subsection (3) thereof there

shall be added the following proviso

" Provided that

(a) this subsection shall not apply in the case ofa person

who is a ci tizen of Malta in virtue of subsection (I) of section 22

or subsection (I) of section 25 of this Constitution and who

after emigrating to anot he r country acqui res on or after the 1st

August. 1989. the citizenship of that othe r co un try: and

(b) a person who after emigra ting to another coun try

and woo before the [St August. 1989. has acquired the

citizenshi p of that other counlry and who prior to acquiring

!KIch ci tizenship was a ci lilen of Malta in virt ue of subseelion

(I) of section 22 o r of subsection (I) of section 25 of this

Consti tu tion, and in accordance with the law of the count ry of

which sueh person has bcrome a citizen sueh person may retain

dual citizenship. shall be deemed nOI 10 have lost his

ci tizenship of Malta on taking up the ci tize nship of the cou ntry

to which he had emigrated. sohoweve r that this paragraph

shall not apply if. not la ter than the 1st August. 1990. such

pcr.;on makes a declanltion in such manner as may be

prescribed wherein he mo-..~ his in ten tion to confi nn that he

has ceased to be a citizen of Malta on his tak ing up the

citizenship of such other country

So however that if such person returns to reside in Malta

before the expiration of sill years from !he date of his emigration he shall

cease 10 be a ci!i~en of Malt a unless be has renounced his cit i~enship of

~ Ilat other country before the e ~piration o r onc year rrom his return to

Malta. Any stay in Malta for a period o r periods not e~ceeding three

months in anyone yeilroToftwel.'e mon ths in the aggregate, shall not be

taken in~o account a nd shall no~ be considered as a return to Malta.··.

6. Fo r su~C1ion (3) o f s«t iOt1 28 of the Constitution there: shall

be substit uted the folkr,o.'ing subsections (3) and (4)

"(3) The countncs to ..... hkh this section applies are IhO!;C

listed in tile Fourth Schedule to this Co nsti tution.

(4) The President may by Pr<xlama lio n amend. add 10.

revo ke or substi tute the list of cou ntries in the Fourth Schedule !O

this Constitut ion. " .

Section 31 of the Constitution shall be amended as follo ..... s

7. (a) immediately after the definition "British protected

per.;on" in subsection (I) "~reof lhere shall ~ added the following

defini lion

····Minister .. means the Minister for lhe lime being

responsible for mUlier.;; relating 10 Maltese citizenship and. 10

the eXltn l of the authoori ty gi,'cn. inclu~ any person

authorised by such Ministe r to act on his behalf;"; and

(b) for subsection (3) thereof there shall be substituted th e

following

"(3) (a )

In thischapler

(i) any referclll.'e to the fa the r of a person shall. in

relation to a person born out of wedlock and not

legi ti ma ted. be oonstrued as a rc fcreno:: 10 the mother of

that per~m ;

(ii) any referencc 10 the falherof a person who was

lawfully adopted before the 1st January. Im. ~all be

construed asa reference tothe adopte r and in thecasc: of a

joint adoption. the male adopter; a nd

(iii) any reference to the parents of a person who

was lawfully adopted on or after the 1st August . 1989. and

who was on the effective date of his adoption under the

age of ten years. shall be construed as a reference to the

adopters;

(b)

for the purposes of this chapte r

(i ) an adoption of any person made on or after the

1st January. 19n. and before the 1st August. 1989. shall

be wi thout effect and shall be treated as if it had not been

made

(i i) an adoptiOt1 of any person made on or after the

1st August. 1989. who on the effed;'-c dale of his

adoption was ten years or o~r. sha ll be without effect

and shall be treated as if it had not been made; and

(c) 1h" Minister shall !lot be requ ired to assign an)'

reason for thc grnn! or refusal or allY applicat ion ulldcr:s«tions

23 and 26 of this Constitution and the deciSion o f the Minister

on any such application sha ll not be subject 10 appeal to or

review in any cou rt . ".

s. Section 123 orlhe Constitution shall be amended as follows

A"''''' ...... '1J4

..."iotI l 2)

;;,,:,IWt"'"

(a) in sub:section ( I ) thereof. 1 he words "other Ihan the office

of President but" shall be deleted

(b) subseClion (2) thereof shall be renumbe red as subsection

(3) thereof; and

(c) immediate ly after subsection ( \) thereof there shall be

inse rled Ihe following subsection

"(2) Subsection (I) of this section shall 001 apply 10 the

office of President. bu t shall apply \0 a person appointed 10

perfonn the fUlWlions of Preside nt in atw rdance wit h section

49 of ' he Constitution.

n.

to the Addi,.,., or

9. Immediately afte r the T H IR D SC HE D ULE

!le" xllotd~1o

Constit ut io n t here ,hall be added the fol lowing

'0 ''''

Cons,,,",,,,,,.

·· FO U RTH SCHEDULE

(Section 28)

Li!;1 of Commonwealth Cnuntrles ot her than M ,dt~

Antigua and Barbuda

AlIstral ia

Bahamas

Bangladesh

Ba rbados

Belize

B OI~wana

BruneI Da russ.alam

Canada

Cyprus

Dominica

The Gambia

Ghana

Grenada

Guyana

India

Jamaica

Ken va

Kirihal i

Lcwtho

Malawi

/o.lalaysia

Maldives

Mauritius

Nauru

New Zeala nd

Nigeria

Papua New Guinea

SI. Kilts and Ne~is

St, Lucia

St . Vincent and the Grenadines

Seychelles

Sierra Leone

Singapore

Solomon Islands

Sri Lanka

Swaziland

T anUlnia

Tonga

T rinidad and Tobago

Tuval u

Uganda

Unit ed Kingdom ofOTeal Britain and Northern Ireland

Van ualu

Western Samoa

Zambia

ZimOObwe.··.

Passed by t he Hou!>e of Reprekntali,'cs at Si ning No . 271 of the 20th J uly. 1989.

LA WR E ~CE G O NZI

S~(Jktr

P . M USCAT T EJ(RIB IL E

Cluk fO ril e House of Rtpuumrrtivts.

0.".,,,,,,,,,

r.bIls"-d b, /hi

pf I""'~"'" _ K."ilio

Ippubbliul mid-Diponi"",n' to' 1·lnlorrno..ujoni K" "lj.

M i t~ n·l .umpenjo ,.I-G>cm _ f>ri,,~., ~ Go .... ,...,", J'rl"'b!I ,.,...