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2022 MarsdenLR 25

COURT OF APPEAL PUTRAJAYA
PEGUAM NEGARA MALAYSIA & ANOR – Appellant
Versus
GO FU SENG & OTHER APPEALS – Respondent


Petitioner Advocates:Rahazlan Affandi Abdul Rahim ,Respondent Advocate: Andy Ooi Keng Liang

JUDGMENT

S Nantha Balan JCA:

Introduction

[1] The common question in the appeals before us is whether a child who is born in Malaysia, to a father who is a Malaysian citizen and the mother is a non-citizen (foreigner), and where the parents subsequently registered their marriage under the Law Reform (Marriage and Divorce) Act 1976, is a Malaysian citizen by operation of law pursuant to art 14(1)(b) read together with s 1(a) Part II of the Second Schedule of the Federal Constitution ("FC"). Hence, the issue is whether by reason of the subsequent legal marriage of the illegitimate child's parents, that child acquires the father's citizenship by descent (jus sanguinis) and therefore qualifies for Malaysian citizenship under the provisions of the FC.

[2] There are three (3) appeals before us and they shall be referred to collectively as "the appeals". They are:

(i) Civil Appeal No P-01(A)-321-06/2021 ("Appeal 321")

(ii) Civil Appeal No P-01(A)-322-06/2021 ("Appeal 322")

(iii) Civil Appeal No W-01(NCVC)(A)-191-04/2021 ("Appeal 191").

[3] These appeals are directed at the decision of the High Court in three (3) separate Originating Summons applications whereby rulings were made in favour of the

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