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	<title>
	Comments on: UPDATED:The revocation of bought passports &#8211; the Opposition leader&#8217;s speech in parliament and an expert opinion in Constitutional law	</title>
	<atom:link href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/feed/" rel="self" type="application/rss+xml" />
	<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
	<lastBuildDate>Wed, 13 Nov 2013 21:15:43 +0000</lastBuildDate>
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		<title>
		By: Nighthawk		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1363656</link>

		<dc:creator><![CDATA[Nighthawk]]></dc:creator>
		<pubDate>Wed, 13 Nov 2013 21:15:43 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1363656</guid>

					<description><![CDATA[Article 14 is much clearer on deprivation of citizenship:

14. (1) Subject to the provisions of this article, the Minister may by order deprive of his Maltese citizenship any citizen of Malta who is such by registration or naturalisation if he is satisfied that the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact.

All you need is a junior claims clerk from an insurance company to go through the application and I&#039;m pretty sure they&#039;ll find evidence of &quot;fraud, false representation or the concealment of any material fact.&quot; in all of them. You might even make a case that fraud is inherent to the process because of the secrecy, the monopoly, the commission, the fast tracking, the mediocre due diligence etc etc. 

The appeals process, fairly or not, is stacked in the state&#039;s favour so anyone whose citizenship is revoked is probably better off just buying one of the even cheaper and shadier ones rather than contesting it.

The Attorney General&#039;s published opinion seems to deliberately skirt round article 14(1)]]></description>
			<content:encoded><![CDATA[<p>Article 14 is much clearer on deprivation of citizenship:</p>
<p>14. (1) Subject to the provisions of this article, the Minister may by order deprive of his Maltese citizenship any citizen of Malta who is such by registration or naturalisation if he is satisfied that the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact.</p>
<p>All you need is a junior claims clerk from an insurance company to go through the application and I&#8217;m pretty sure they&#8217;ll find evidence of &#8220;fraud, false representation or the concealment of any material fact.&#8221; in all of them. You might even make a case that fraud is inherent to the process because of the secrecy, the monopoly, the commission, the fast tracking, the mediocre due diligence etc etc. </p>
<p>The appeals process, fairly or not, is stacked in the state&#8217;s favour so anyone whose citizenship is revoked is probably better off just buying one of the even cheaper and shadier ones rather than contesting it.</p>
<p>The Attorney General&#8217;s published opinion seems to deliberately skirt round article 14(1)</p>
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		<title>
		By: David		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1345224</link>

		<dc:creator><![CDATA[David]]></dc:creator>
		<pubDate>Sun, 03 Nov 2013 15:50:39 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1345224</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1342180&quot;&gt;David&lt;/a&gt;.

Thansks for your sweet comments. The AG&#039;s view were stated directly toMalta Today, and so I imagine his reported views are correct and besides they carry great legal weight. More weight has been added by the Dean of the Faculty of Laws. In this light, even if one accepts as equally valid the opposing view of the anonymous expert, it is better if the right to revoke citizenship under this scheme, at least in certain circumstances, is spelled out in the law. If a future goverrnment were to revoke the citizenship scheme and withdraw citizenship, those who acquired citizenship will probably contest this in court and the Maltese court may decide there is no right to revoke citizenship as there is no clear provision in law authorising this.

&lt;strong&gt;[Daphne - 1. The Attorney-General is wrong. The revocation of citizenship is unconstitutional only when that citizenship is one&#039;s birthright, and then not because the constitution regulates citizenship but because the European Convention on Human Rights is supreme to the Constitution. In all other cases, citizenship is regulated by ordinary law. 2. The views of the individual who wrote a piece for this website saying that the revocation of bought citizenship is not unconstitutional carry far greater legal weight than those of the AG. It is a great shame that I may not reveal this person&#039;s identity. 3. The views of the Dean of the Faculty of Laws carry not much weight at all. Aside from the fact that he appears to be a government puppet, he has a pedestrian mind. I have direct experience of this as he taught me international law. 4. Do you agree that Maltese passports should be sold in secret to people paying cash?]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1342180">David</a>.</p>
<p>Thansks for your sweet comments. The AG&#8217;s view were stated directly toMalta Today, and so I imagine his reported views are correct and besides they carry great legal weight. More weight has been added by the Dean of the Faculty of Laws. In this light, even if one accepts as equally valid the opposing view of the anonymous expert, it is better if the right to revoke citizenship under this scheme, at least in certain circumstances, is spelled out in the law. If a future goverrnment were to revoke the citizenship scheme and withdraw citizenship, those who acquired citizenship will probably contest this in court and the Maltese court may decide there is no right to revoke citizenship as there is no clear provision in law authorising this.</p>
<p><strong>[Daphne &#8211; 1. The Attorney-General is wrong. The revocation of citizenship is unconstitutional only when that citizenship is one&#8217;s birthright, and then not because the constitution regulates citizenship but because the European Convention on Human Rights is supreme to the Constitution. In all other cases, citizenship is regulated by ordinary law. 2. The views of the individual who wrote a piece for this website saying that the revocation of bought citizenship is not unconstitutional carry far greater legal weight than those of the AG. It is a great shame that I may not reveal this person&#8217;s identity. 3. The views of the Dean of the Faculty of Laws carry not much weight at all. Aside from the fact that he appears to be a government puppet, he has a pedestrian mind. I have direct experience of this as he taught me international law. 4. Do you agree that Maltese passports should be sold in secret to people paying cash?]</strong></p>
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		<title>
		By: Tabatha White		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1344930</link>

		<dc:creator><![CDATA[Tabatha White]]></dc:creator>
		<pubDate>Sun, 03 Nov 2013 12:13:54 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1344930</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1341950&quot;&gt;Jozef&lt;/a&gt;.

He has a foothold and already makes use of the VIP lounge.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1341950">Jozef</a>.</p>
<p>He has a foothold and already makes use of the VIP lounge.</p>
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		<title>
		By: Wake me up when it's all over.		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1344047</link>

		<dc:creator><![CDATA[Wake me up when it's all over.]]></dc:creator>
		<pubDate>Sun, 03 Nov 2013 00:40:52 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1344047</guid>

					<description><![CDATA[ I heard this evening on TVM news that the government will be helping Maltese families to adopt children from foreign countries including China. Really? China? How cruel is that? 

The people of China are mourning the babies they were forced to abort, the babies they are not allowed to have, and the babies taken from them, and their children are being given away to countries like Malta for adoption. 

We would have really reached the pits if our supposedly socialist government enters into any agreement of this kind. It makes you want to weep with shame.]]></description>
			<content:encoded><![CDATA[<p> I heard this evening on TVM news that the government will be helping Maltese families to adopt children from foreign countries including China. Really? China? How cruel is that? </p>
<p>The people of China are mourning the babies they were forced to abort, the babies they are not allowed to have, and the babies taken from them, and their children are being given away to countries like Malta for adoption. </p>
<p>We would have really reached the pits if our supposedly socialist government enters into any agreement of this kind. It makes you want to weep with shame.</p>
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		<title>
		By: anthony		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1344004</link>

		<dc:creator><![CDATA[anthony]]></dc:creator>
		<pubDate>Sun, 03 Nov 2013 00:15:56 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1344004</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670&quot;&gt;Anthony&lt;/a&gt;.

Not bad  after 25 years making a mockery out of this country.

Joey goes to London and proclaims to the world that  Malta is the Eden and the Utopia.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670">Anthony</a>.</p>
<p>Not bad  after 25 years making a mockery out of this country.</p>
<p>Joey goes to London and proclaims to the world that  Malta is the Eden and the Utopia.</p>
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		<title>
		By: Edward		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1344003</link>

		<dc:creator><![CDATA[Edward]]></dc:creator>
		<pubDate>Sun, 03 Nov 2013 00:15:24 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1344003</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670&quot;&gt;Anthony&lt;/a&gt;.

Anthony, can&#039;t you get it into your thick skull that I or anyone who votes PN has absolutely no power over the country, whether the PN are in government or not.

It&#039;s not that anyone of us benefits directly from having the PN in government. It&#039;s that the PL always seem to turn this country into a laughing-stock, corrupt any institutions they get their hands on, and then get very bad ideas which will affect us all, you included.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670">Anthony</a>.</p>
<p>Anthony, can&#8217;t you get it into your thick skull that I or anyone who votes PN has absolutely no power over the country, whether the PN are in government or not.</p>
<p>It&#8217;s not that anyone of us benefits directly from having the PN in government. It&#8217;s that the PL always seem to turn this country into a laughing-stock, corrupt any institutions they get their hands on, and then get very bad ideas which will affect us all, you included.</p>
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		<title>
		By: H.P. Baxxter		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343983</link>

		<dc:creator><![CDATA[H.P. Baxxter]]></dc:creator>
		<pubDate>Sun, 03 Nov 2013 00:06:19 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1343983</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670&quot;&gt;Anthony&lt;/a&gt;.

Whereas you have a say, Anthony? Is Joseph consulting you before making policy?

Gosh, am I ever so jealous.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670">Anthony</a>.</p>
<p>Whereas you have a say, Anthony? Is Joseph consulting you before making policy?</p>
<p>Gosh, am I ever so jealous.</p>
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		<title>
		By: ciccio		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343838</link>

		<dc:creator><![CDATA[ciccio]]></dc:creator>
		<pubDate>Sat, 02 Nov 2013 22:56:10 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1343838</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343441&quot;&gt;Gahan&lt;/a&gt;.

Chris Fearne on L-Iswed Fuq L-Abjad has just said that the Labour government has many other schemes planned for the next 5 years.

You know, Labour wants to pull this country out of pre-history.  I hope they have some scheme that values Labour&#039;s political dinosours.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343441">Gahan</a>.</p>
<p>Chris Fearne on L-Iswed Fuq L-Abjad has just said that the Labour government has many other schemes planned for the next 5 years.</p>
<p>You know, Labour wants to pull this country out of pre-history.  I hope they have some scheme that values Labour&#8217;s political dinosours.</p>
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		<title>
		By: curious		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343834</link>

		<dc:creator><![CDATA[curious]]></dc:creator>
		<pubDate>Sat, 02 Nov 2013 22:55:46 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1343834</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670&quot;&gt;Anthony&lt;/a&gt;.

It&#039;s good to know that your Joseph is selling a mockery of a country to foreigners. If what you are saying is true, this scheme will not succeed.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670">Anthony</a>.</p>
<p>It&#8217;s good to know that your Joseph is selling a mockery of a country to foreigners. If what you are saying is true, this scheme will not succeed.</p>
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		<title>
		By: Dave		</title>
		<link>https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343824</link>

		<dc:creator><![CDATA[Dave]]></dc:creator>
		<pubDate>Sat, 02 Nov 2013 22:50:22 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=39864#comment-1343824</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670&quot;&gt;Anthony&lt;/a&gt;.

Tajba, Anthony. You clearly form part of the 70 or so per cent of the population who think that a ballot sheet is a question that mystically pops up every five years or so asking you for your favourite colour.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2013/11/the-revocation-of-bought-passports-the-opposition-leaders-speech-in-parliament-and-an-expert-opinion-in-constitutional-law/#comment-1343670">Anthony</a>.</p>
<p>Tajba, Anthony. You clearly form part of the 70 or so per cent of the population who think that a ballot sheet is a question that mystically pops up every five years or so asking you for your favourite colour.</p>
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