Citizenship by operation of law entails meeting birthright and residency qualifications as per relevant constitutional provisions.

Introduction

[1] The Plaintiffs filed an application by way of Originating Summons ("OS") dated 27 January 2022 (encl 1) seeking the following reliefs:

(a) a declaration that Chong Chee Yeong ("CCY") is a citizen of Malaysia under art 14(1)(b), Part II, s 1(e) and s 2(3) Second Schedule Federal Constitution ("FC") read together with s 19B, Part III of FC;

(b) a declaration that CCY is a citizen of Malaysia by operation of law vide an adoption order dated 11 March 2021 given by the Johor Bahru Sessions Court under OS No JA-58-16-01/2020, read together with s 9 and s 25A Adoption Act 1952 and art 14(1)(b) and s 1 paragraph (a), Part II, Second Schedule of FC read together with s 19B, Part III of FC;

(c) an order directing the Defendant to re-register CCY as a citizen of Malaysia within 7 days from the date of the order;

(d) an order directing the Defendant to issue a new birth certificate for CCY with the status of citizen of Malaysia under the column of citizenship within 7 days from the date of the order; and

(e) an order directing the Defendant to issue a new mykid to CCY with the status of citizen of Malaysia within 7 days from the date of the order.

[2] For the purpose of this application, Parties have filed the following cause papers:

(a) Originating Summons dated 27 January 2022 ("Enclosure 1");

(b) Affidavit in Support affirmed by Chong Lien Huat on 30 December 2021 ("Enclosure 2");

(c) Affidavit in Reply affirmed by Ruslin Jusoh on 28 April 2022 ("Enclosure 9");

(d) Affidavit in Reply affirmed by Chong Lien Huat on 26 May 2022 ("Enclosure 10");

(e) Affidavit in Reply affirmed by Ruslin Jusoh on 21 June 2022 ("Enclosure 14"); and

(f) Second Affidavit in Reply affirmed by Chong Lien Huat on 23 June 2022 ("Enclosure 17").

Background Facts

[3] The background facts in this application are as gathered from the Affidavits and submissions filed by the parties and stated in chronological order.

[4] The 1st Plaintiff ("P1") and 2nd Plaintiff ("P2") are husband and wife. Both of them are citizens of Malaysia. Their marriage did not produce any children.

[5] CCY was handed to an aunty in Wisma Maria, Johor Bahru by unknown male doctor. Subsequently, the aunty contacted P1 and P2 to adopt CCY and they have paid RM5000.00 to the aunty. They were under impression that they have formerly adopted CCY. In their application to register the birth of CCY at the National Registration Department, Johor Bahru branch ("NRD") on 22 August 2005, they have provided the information as they are parents of CCY. A birth certificate No BN 24285 ("1st Birth Certificate") was issued by NRD. In the 1st Birth Certificate, the particulars of CCY's parents were registered with the information of P1 and P2 and CCY's citizenship status was registered as citizen of Malaysia. [See: encl 9 - para 5.1 & Exhibit "RJ-1"].

[6] On 28 July 2017, P1 and P2 applied for identity card for CCY at UTC, Johor Bahru. [See: encl 9 - para 5.2]. However, the application for CCY's identity card was deferred and the matter was then referred to the Investigation and Enforcement Division of NRD because CCY's appearance did not resemble P1 and P2. In the statements recorded from P1 and P2 on 17 September 2017, both admitted that CCY is not their biological child. [See: encl 9 -para 5.4(a) & (b) & Exhibit "RJ-2" and "RJ-3" respectively].

[7] A statement was recorded from Robert Luk Tai Kong on 29 March 2016, a letter of confirmation dated 21 September 2017 and an undated letter from Robert Luk Tai Kong [See: encl 9-para 5.4(c) & Exhibit "RJ-4"], informed that:

(a) all birth records at Landmark Medical Centre ("LMC") was confiscated by Bukit Aman police in year of 2008 for the investigation of child trafficking;

(b) therefore, he could not confir