HIGH COURT MALAYA JOHOR BAHRU
TAN KEAT SENG KITSON – Appellant
Versus
KERAJAAN MALAYSIA – Respondent
[1] Initially the plaintiff cited the Ministry of Home Affairs, Malaysia as the defendant in this originating summons but by an ex-parte application (encl 6) which was supported by an affidavit (encl 5), the Government of Malaysia was substituted as the defendant and an order to that effect was made on 20 September 1995.
[2] This was an application by the plaintiff as per the amended originating summons in encl 11 (the previous encl 3) supported by an amended affidavit as per encl 12 (the previous encl 2) for the following prayers:
(a) a declaration that the plaintiff is a citizen of Malaysia;
(b) a declaration that as a loyal citizen of Malaysia any act which is inconsistent with such loyalty the Ministry of Home Affairs could take appropriate action against such act of disloyalty leading to the deprivation of the Malaysian citizenship;
(c) a declaration that the plaintiff is not obliged to register for the national service of the Republic of Singapore when he is and remains a citizen of Malaysia and any such act will be inconsistent with his Malaysian citizenship status.
[3] The facts as gathered from the affidavit in encls 12 and 2 (the contents thereof we
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