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2024 MarsdenLR 1441
HIGH COURT MALAYA KUALA LUMPUR
RICHARD YEOH & ORS – Appellant
Versus
KETUA PENGARAH PENDAFTARAN NEGARA MALAYSIA & ORS – Respondent
[Originating Summons No: WA-24-12-02/2023]
Illegitimate children derive citizenship from their mother under Malaysian law, as per Article 14 and relevant sections of the Federal Constitution.
Headnote:(A) Federal Constitution of Malaysia - Article 14(1)(b) - Second Schedule, Part II - Citizenship by operation of law - Plaintiffs sought declarations of citizenship based on their biological father's status - Court found Plaintiffs were illegitimate at birth due to lack of valid marriage between parents, thus failing citizenship requirements. (Paras 11, 20, 44)
(B) Citizenship - Requirements for citizenship under the Federal Constitution - Court clarified that illegitimate children derive citizenship from their mother, not father, as per Section 17 of the Second Schedule. (Paras 15, 28.4)
Facts of the case:
The Plaintiffs, born to a Malaysian father and an Indonesian mother without a valid marriage, applied for citizenship declarations but were registered as non-citizens. (Paras 6-10)
Findings of Court:
Plaintiffs did not fulfill citizenship criteria under Article 14(1)(b) due to their mother's non-citizen status. (Paras 20, 44)
Issues: Determination of citizenship based on parental status and legitimacy at birth. (Paras 11, 14)
Ratio Decidendi: Court ruled that illegitimate children follow the citizenship of their mother, as per constitutional provisions, and must meet all citizenship criteria at birth. (Paras 15, 28.4)
Result: Plaintiffs' application dismissed.
JUDGMENT
Introduction
[1] The Plaintiffs filed an application by way of Originating Summons (OS) dated 10 February 2023 (encl 1) seeking inter alia the following Orders:
1.1. A declaration that the 1st, 2nd and 3rd Plaintiffs are Malaysian citizens in accordance with art 14(1)(b) read together with, s 1(a) Part II Second Schedule, Federal Constitution of Malaysia (FC);
1.2. A declaration that the 1st 2nd and 3rd Plaintiffs are Malaysian citizens in accordance with art 14(1)(b) read together with S 1(e) Part II, Second Schedule, FC;
1.3. An order that the Defendants issue the 1st, 2nd and 3rd Plaintiffs Birth Certificates that states that the 1st, 2nd and 3rd Plaintiffs are Malaysian citizens within fourteen (14) days from the date of the Court Order;
1.4. An order that the Defendants issue to the 1st, 2nd and 3rd Plaintiffs an identification card (MyKid) stating that the 1st, 2nd and 3rd Plaintiffs are Malaysian citizens within fourteen (14) days from the date of the Court Order;
1.5. An order that the 1st Defendant registers and updates the 1st, 2nd and 3rd Plaintiffs' names to the Registry as stipulated under s 4 of the National Registration Act 1959 and
1.6. An award for damages including general damages to be assessed for constitutional rights violations;
1.7. Cost; and
1.8. Orders and/or directions that this Honourable Court thinks fit and fair.
[2] The grounds in support of this application amongst others are as follows:-
a. The biological father of the 1st, 2nd and 3rd Plaintiffs is a Malaysian citizen;
b. The 1st, 2nd and 3rd Plaintiffs was born in Malaysia;
c. The 1st, 2nd and 3rd Plaintiffs has no nationality in any other country; and
d. The 1st, 2nd and 3rd Plaintiffs' birth certificate states "Bukan Warganegara".
[3] In essence, this application concerns the citizenship of the 1st, 2nd and 3rd Plaintiffs under the provisions of the FC.
[4] After the hearing, I dismissed the Plaintiffs' OS (Enclosure 1). The reasons for the decision are set down below.
Background Facts
[5] The background facts of this OS are gathered from the cause papers and the submissions of the parties. I respectfully adopt them subject to some modifications.
[6] The biological father of the Plaintiffs' is Yeoh Phee Heong, a Malaysian citizen (biological father) and the biological mother of the Plaintiffs is Enggelina Nabut, a citizen of Indonesia (biological mother).
[7] Although there was no record of a valid marriage, according to the Plaintiffs, the biological father and biological mother had a traditional marriage in 1988 and did not register their marriage officially.
[8] The 1st Plaintiff was born on 27 April 1999 at Klinik Bersalin dan Sakit Puan Bandar Sunway. Although there was no record of a valid marriage, the name of the biological father was included in the Birth Certificate based on the consent of the parents [See: Paragraph 5 (i) Defendant's Affidavit in Reply (Enclosure 5)].
[9] The 2nd Plaintiff was born on 18 January 2002 at Taman Jimah Jaya Port Dickson, and the 3rd Plaintiff was born on 2 November 2007 at Hospital Port Dickson. During the registration of birth of the 2nd and 3rd Plaintiffs, only the biological father was present and no record of a valid marriage was produced during the registration. Hence, the information of the biological mother is Enggelina Nabut and the information of the father was stated as "Maklumat Tidak Diperolehi" [See: Paragraph 5 (ii) & (ili), Defendant's Affidavit in Reply (Enclosure 5)].
[10] As there was no valid marriage between the biological father and mother, the Plaintiffs' status was registered as "Bukan Warganegara".
Issues
[11] Having perused the cause papers and the reliefs sought by the Plaintiffs, I am of the view that the issues to be determined are as follows:
a. Whether the Plaintiffs are citizens of Malaysia under art 14(1)(b) and Part II s 1(a) of the Second Schedule of the FC by virtue of the citizenship status of the biological father; and
b. Whether the Plaintiffs are citiz
