A passport is a privilege and not a right to travel: Senior Federal Counsel

PUTRAJAYA: A passport is a privilege and not a right to travel.
In saying this at an appeal case brought by MP Petaling Jaya Utara Tony Pua, Senior Federal Counsel Shamsul Bolhassan told the Court of Appeal – "It is a piece of document to facilitate travel. It is a privilege and not right to travel.
"There is no promise by the government that a citizen can leave the country even with a valid passport."
He said there is no promise that even with a valid passport, a person will not be barred from leaving the country.
He cited Article 5 of the Federal Constitution which states that it does not confer on the citizen, a right to a passport and that the government has a discretion whether or not to issue or withdraw a passport.
He said the government may stop from leaving, for example, when there are criminal charges pending against him.
Shamsul urged the appeal to be dismissed.
Pua's lawyer Gobind Singh Deo said it is not about promise but it is a question of law.
"If someone has a passport, he has a legitimate expectation to travel," said Gobind, adding it is about the interpretation of 'personal liberty' in Article 5.
"Personal liberty must include right to travel. If you have passport, you must have right to travel," said Gobind, adding the right to travel abroad is a guaranteed right.
Pua was stopped from leaving Kuala Lumpur International Airport 2 on July 22, 2015 to Yogyakarta, Indonesia.
Pua's passport, which was issued on Nov 18, 2014 is still valid until April 23, 2020. In his judicial review against Director-General of Immigration Department and the government, Pua was seeking a declaration that the Immigration DG's order to bar him was wrong in law.
On July 27, 2016, a High Court dismissed Pua's review.
"There is no express provision to empower the respondents to stop people from leaving the country," said Gobind, adding that there is only a general provision, which is Section 3 (2) of the Immigration Act 1959.
He said the DG can restrict the 'entry' to the country but no similar provision restricting a person from ' leaving' the country.
He said it is 'silent' on the power to restrict on 'leave' issue, which means no such power is given.
He added there is specific provision for restriction in relation to Income Tax or bankruptcy but there must be an express provision for other restriction.
The Court of Appeal judge Datuk Seri Mohd Zawawi Salleh said the parties had raised a very important constitutional issue and thus needed time to study.
Zawawi, who sat together with Tan Sri Idrus Harun and Datuk Kamardin Hashim said the decision will be delivered on a date to be fixed, later.