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2021 MarsdenLR 1621

HIGH COURT SABAH & SARAWAK KOTA KINABALU
LEE SZE CHYI – Appellant
Versus
LEE KHONG YIN & ORS – Respondent


JUDGMENT

Leonard David Shim JC:

[1] This is an application which concerns the legitimacy and citizenship of a child (Plaintiff). The reliefs sought by the Plaintiff are as follows:

(1) A Declaration that the Plaintiff Lee Sze Chyi is a legitimate daughter of the 1st Defendant Lee Khong Yin and Rita Yunus Tombang;

(2) A Declaration that the Plaintiff Lee Sze Chyi is a citizen of Malaysia by operation of law under art 14(1)(b) read together with s 1(a) and/or s 1(e) of Part II of the Second Schedule of the Federal Constitution of Malaysia ;

(3) An Order that the Plaintiff and the 1st Defendant undergo DNA test to establish blood ties between them and that such results be taken as conclusive evidence of blood relations between them;

(4) An Order that the Registrar-General of Births and Deaths, Malaysia and/or the Regional Registrar of Births and Deaths, Sabah re-register the birth of the Plaintiff as a legitimate person under the name of Lee Sze Chyi with the names of the 1st Respondent Lee Khong Yin and Rita Yunus Tombang be registered as the respective biological father and mother;

(5) An Order that the Registrar of Births and Deaths, Malaysia and/or the Regional Registrar of Births and D


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