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2024 MarsdenLR 788

HIGH COURT MALAYA KUALA LUMPUR
TCK & ORS – Appellant
Versus
KETUA PENGARAH PENDAFTARAN NEGARA MALAYSIA & ORS – Respondent


Petitioner Advocates:Larissa Ann Louis ,Respondent Advocate: Farah Syuhada Ramli

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] This is an originating summons wherein the applicants sought declarations of citizenship by operation of law for the 2nd applicant and 3rd applicant pursuant to art 14(1)(b) read together with ss 1(a) and (e) of Part II of the Second Schedule of the Federal Constitution . The names of the plaintiffs are redacted to maintain anonymity.

[2] On 22 January 2024, I dismissed the application with no order as to costs. This judgment contains the reasons for my decision.

[3] For the sake of brevity, unless otherwise stated, all references in this judgment to "Articles" and "Second Schedule" are to that of the Federal Constitution . Similarly, and unless otherwise stated, any references to Part II or Part III are to that of the Second Schedule of the .

Background Facts

[4] The 1st plaintiff is a citizen of Malaysia and the biological father of the 2nd plaintiff and the 3rd plaintiff. The biological mother, DS, is a citizen of Thailand. The 1st plaintiff and DS were not married. The 2nd plaintiff and 3rd plaintiff were therefore illegitimate children to the couple. The biological mother left the children and TCK in 2005 and TCK claims tha


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