A child born out of wedlock to a Malaysian father and a non-citizen mother does not qualify for Malaysian citizenship under the Federal Constitution.

JUDGMENT

Ahmad Kamal Md Shahid J

Introduction

[1] The Plaintiff filed an application by way of Originating Summons (OS) dated 13 October 2020 (encl 1) seeking inter alia the following orders:

1.1 A declaration that Ansei Yeoh Yuxi (Birth Certificate Register No.: 074055XA) (the Child) is a citizen of Malaysia by operation of law by virtue of the citizenship status of the Plaintiff, Yeoh Eng Juh (NRIC No.: 651108-08-6133) pursuant to art 14(1)(b), Part II s 1(a) of the Second Schedule of the Federal Constitution ;

1.2 A declaration that the Child's birth certificate (Register No.: 074055XA) dated 5 August 2014 signed by the Defendants which registers the Child as a non-citizen (bukan warganegara) instead of a citizen of Malaysia is an unlawful violation of the Child's rights as a citizen of Malaysia;

1.3 An order that the Defendants reissue the Child's birth certificate (Register No.: 074055XA) dated 5 August 2014 and registers the Child as a citizen of Malaysia within 14 days from the date of service of this order on the Defendants;

1.4 That the requirement of personal service of this order be dispensed with and that service of this order be effected by service on the National Registration Department of Malaysia by way of registered post;

1.5 Costs; and

1.6 Such further orders and/or directions as may be given or made as this Honourable Court deems fit and just in the circumstances.

[2] In gist, this application concerns the citizenship status of the Child under the provisions of the Federal Constitution ( FC ).

[3] After the hearing, I dismissed the Plaintiff's OS (Enclosure 1). The reasons for the decision are set down below.

Background Facts

[4] The background facts of this OS are as gathered from the Plaintiff's Affidavit in Support and the submissions of parties. I respectfully adopt them subject to some modifications.

[5] The Plaintiff was born on 8 November 1965 and was registered under the name of Yeoh Eng Juh as a Malaysian citizen.

[6] The Child was born to the Plaintiff and one, Suranda Butnamphet (Suranda) on 3 August 2014 at UM Specialist Centre Kuala Lumpur, (birth cerficate no: 074055XA) registered as Ansel Yeoh Yuxi.

[7] The registration of the Child was done by the Plaintiff who had stated the following:

(i) The biological father (orang yang mengakui diri sebagai bapa) who is the Plaintiff to the Child is the Yeoh Eng Juh a Malaysian; [See encl 5 Exhibit RJ-2 First Defendant Affidavit in Reply]

(ii) The biological mother of the Child is Suranda a Thai national who holds a Thai passport holder No AA3320670. She is a Non-Citizen. [See encl 2 Exhibit A-2 page 19 Plaintiffs Affidavit in Support]

[8] As there was no valid marriage between the Plaintiff and Suranda at the time the Child was born on 3 August 2014, the birth of the Child was registered under s 13 of the Births and Deaths Registration Act 1957 [Act 299]. With the entry " Section 13 Application" in the birth register, the Child is categorized as an illegitimate child. The Child's citizenship status is recorded in the birth certificate as "NonCitizen" (Bukan Warganegara) based on the citizenship status of the birth mother.

[See Enclosure 5 First Defendant Affidavit in Reply para 5(iii)]

[9] When the birth registration application was made, there were no marriage certificate or marriage document was attached or shown by the Plaintiff and therefore the child's birth register was categorized as a " Section 13 application" which is an illegitimate child. At the same time, since the citizen information of the Plaintiff's mother is "Non-Citizen" (Bukan Warganegara) the citizenship status of the Child is according to the birth of the mother ie mother's citizenship a Thai national.

[10] On 5 August 2014, two days after the Child was born, the Plaintiff and Suranda were married at the Selangor National Registration Department (NRD). The marriage between the Plaintiff and Suranda was registered, the marriage registration No KC05 0283201 and NRD confirm that their marriage is in