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2015 MarsdenLR 351

HIGH COURT MALAYA PULAU PINANG
CHIN KOOI NAH (SUING BY HERSELF AND AS NEXT OF KIN TO CHIN JIA NEE AN INFANT) – Appellant
Versus
PENDAFTAR BESAR KE.... – Respondent


[1] This application by the Applicant raises the following main issue for determination:

"Whether by virtue of an adoption order, an adopted child is entitled as of right and/or by operation of law to be registered as a citizen of Malaysia pursuant to the provisions of Article 14(1) (b) of the Federal Constitution of Malaysia (Constitution)?"

Background Facts

[2] The Applicant had on 9 July 2012 filed in a Petition for Adoption in the Georgetown Sessions Court for an adoption order to adopt a child who is known as "Chin Jia Nee" (hereinafter referred to as "the Child") under the provisions provided in the Adoption Act 1952 .

[3] The Sessions Court had on 9 November 2012, in the presence of the officer from Penang Social Welfare Department qua the Guardian Ad-Litem to the Child appointed by the Sessions Court on 10 August 2012 together with the Applicant and the Child, granted an adoption order of the Child to the Applicant and further ordered that the Respondent register the adoption order accordingly (hereinafter referred to as the "Adoption Order").

[4] Subsequently, the Sessions Court had on 4 December 2012 forwarded a sealed copy of the Adoption Order to the Respondent for their f

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