Abdoolcader J:

The Minister of Home Affairs, Malaysia, the respondent in these proceedings, seeks in an application by way of summons in chambers to set aside the motion filed by the applicant for an order of certiorari to remove into this Court and quash the respondent's order of deprivation of his citizenship.

The facts and background:

Mak Sik Kwong @ Mak Kwong, the applicant in these proceedings, was born on 11 September 1934, in Tanjong Rambutan, Perak, and was a citizen of Malaysia by operation of law under the provisions of Article 14(1)(a) of the Federal Constitution. He has been under detention since November 1966, under s. 8 of the Internal Security Act, 1960.

On 25 September 1971, he was served with a notice by the Registrar-General of Citizens, Malaysia, dated 20 September 1971, to the effect that the respondent proposed to make an order under Article 24(2) of the Constitution depriving him of his citizenship of Malaysia on the ground that he had voluntarily claimed and exercised in the foreign country, namely, Communist China, rights available to him under the law of that country, being rights accorded exclusively to its citizens, and informing him of his rig