A child born in Malaysia to a Malaysian citizen is entitled to citizenship by operation of law, particularly upon subsequent legitimation through parental marriage, regardless of initial illegitimacy.

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 Deaths, Sabah re-register the status of citizenship of the Plaintiff as a 'Malaysian citizen' and her race as 'Chinese';

(6) An order that the Director General of National Registration, Malaysia and/ or the Director of National Registration, Sabah issue to the Plaintiff a Certificate of Malaysian citizenship or Sijil Kewarganegaraan Malaysia and a Malaysian Identity Card or Kad Pengenalan Malaysia;

(7) An Order for the costs of and incidental to this Originating Summons;

(8) Such further or other consequential relief or orders as this Honourable Court deems fit and proper to grant in all the circumstances of this case; and

(9) Liberty to the Plaintiff to apply as to the implementation of the terms of this Order.

[2] The grounds in support of this application are as follows:

(1) Pursuant to ss 3 and 4 of the Legitimacy Act 1961 (Act 60), the Plaintiff was legitimated on 1 March 2003 on which date her biological parents namely the 1st Defendant and Rita Yunus Tombang registered their marriage under the Law Reform (Marriage and Divorce) 1976 (Act 164).

(2) Consequent upon her legitimation, the Plaintiff has a legitimate expectation to become a citizen of Malaysia by operation of law and to own rights as a Malaysian citizen.

(3) With her legitimation with effect from 1 March 2003, the Plaintiff is entitled to rely on the Malaysian citizenship status of her father, the 1st Defendant to apply for citizenship of Malaysia by operation of law under art 14(1)(b) read together with s 1(a) of Part II of the Second Schedule to the Federal Constitution.

(4) The Plaintiff who is born in the Federation and is not a citizen of any other country is entitled to apply for citizenship of Malaysia by operation of law under art 14(1)(b) read together with s 1(e) of Part II of the Second Schedule of the Federal Constitution.

(5) In the said premises, the Plaintiff has fulfil the necessary requirements prescribed under art 14(1)(b) read together with s 1(a) and/or section 1(e) of Part II of the Second Schedule of the Federal Constitution of Malaysia to acquire citizenship of Malaysia by operation of law.

Background Facts

[3] The salient facts deposed in the Plaintiff's Affidavit in Support (Encl 2) are as follows:

(1) The Plaintiff, Lee Sze Chyi (Birth Certificate Register No: SB127135) was born on 4 October 2002 at the St. Joseph Maternity Home Penampang, Sabah within the Federation of Malaysia (See Exhibit "P-3" of encl 2) and a minor at the time of this application, aged 17 years and 8 months.

(2) The Plaintiff's mother and next friend, Rita Yunus Tombang, holder of Passport No B4806030 issued by the Government of Republic of Indonesia is a citizen of the Republic of Indonesia (See Exhibit "P-1" of encl 2) and has been living in Kota Kinabalu, Sabah, Malaysia since 2000.

(3) The 1st De