Constitution

Malta 1964 Constitution (reviewed 2016)

Table of Contents

CHAPTER III. Citizenship

22. Citizenship regulated by law

  1. The acquisition, possession, renunciation and loss of Maltese citizenship shall be regulated by law.
  2. Dual or multiple citizenship is permitted in accordance with any law for the time being in force in Malta.

23. Commonwealth citizens

  1. Every person who under this Constitution or any Act of Parliament is a citizen of Malta or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
  2. Every person who is a British subject without citizenship under the British Nationality Act, 1948 or who continues to be a British subject under article 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.
  3. The countries to which this article applies are those listed in the Fourth Schedule to this Constitution.
  4. The President may by Proclamation amend, add to, revoke or substitute the list of countries in the Fourth Schedule to this Constitution.

24. Criminal liability of Commonwealth citizens

  1. A Commonwealth citizen who is not a citizen of Malta or a citizen of the Republic of Ireland who is not a citizen of Malta shall not be guilty of an offence against any law in force in Malta by reason of anything done or omitted in any part of the Commonwealth other than Malta or in the Republic of Ireland or in any foreign country unless –
    1. the act or omission would be an offence if he were an alien; and
    2. in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.
  2. In this article –
    • “alien” means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
      “British Protected Person” means a person who is a British protected person for the purposes of the British Nationality Act, 1948 or any other law of the United Kingdom replacing that Act;

      “foreign country” means a country (other than the Republic of Ireland) that is not a part of the Commonwealth.

25. Acquisition of citizenship by birth or descent by persons born on or after appointed day

Repealed by Act III of 2000.

26. Marriage to citizen of Malta

Repealed by Act III of 2000.

27. Dual citizenship

Repealed by Act III of 2000.

28 and 29

were renumbered by Act III of 2000.

30. Powers of Parliament

Repealed by Act III of 2000.

31. Interpretation

Repealed by Act III of 2000.