2010 MarsdenLR 35

ABDUL RAHMAN SEBLI
YONG LEE HUA – Appellant
Versus
DIRECTOR OF NATIONAL REGISTRATION SABAH & ANOR – Respondent

The issuance of a permanent resident card does not deprive Malaysian citizens of their citizenship; formal revocation procedures must be followed.

Headnote:(A) Federal Constitution - Article 14(1) - Citizenship - Claim for loss and damages due to cancellation of citizenship - Plaintiff established as a citizen by operation of law but wrongfully issued a MyPR instead of a Mykad - No evidence of citizenship deprivation by the defendant - The Federal Government holds revocation powers, thus the act of issuance does not negate citizenship. (Paras 1-3, 16-19)

(B) Damages in Tort - The purpose is to restore the aggrieved party as if the wrong never occurred - Claims for damages dismissed due to lack of substantiation connecting loss to wrongful act of the defendant. (Paras 21-23)

Facts of the case:
The plaintiff's identity card was issued prior to and following the establishment of Malaysia, and despite loss of the Mykad, the defendant's issuance of a MyPR was not indicative of loss of citizenship.

Findings of Court:
The plaintiff has failed to prove any link between her claimed damages and the defendant's issuance of the MyPR; thus the claim for damages was dismissed.

Issues: Central questions included whether the plaintiff remained a Malaysian citizen and whether the issuance of MyPR constituted deprivation of such citizenship.

Ratio Decidendi: The court found that the mere issuance of a MyPR does not deprive a citizen of their citizenship, emphasizing that official procedures for revocation must be followed as outlined in the Constitution.

Result: Claim dismissed with costs.