JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] The question in the instant judicial review proceeding is whether a child who is born in Malaysia, to parents who were not married at the time of his birth, and where the father is a citizen of Malaysian and the mother is a non-citizen, qualifies as a Malaysian citizen by operation of law pursuant to art 14(1)(b) read with s 1(a) or 1(e) of Part II of the Second Schedule of the Federal Constitution .

[2] On 4 June 2024, I refused to grant the declaration sought, ie that the child is a citizen by operation of law pursuant to art 14(1)(b) read with s 1(a) of Part II of the Second Schedule of the Federal Constitution and the consequential order of mandamus directing the Director General of Births and Deaths ("Director General") to issue a birth certificate that reflects the child's nationality as a citizen of Malaysia within 14 days of the order.

[3] The names of the child and the 1st applicant, the father of the child, are redacted to maintain anonymity.

[4] For the sake of brevity, unless otherwise stated, all references in this judgment to "Articles" and "Second Schedule" are to that of the Federal Constitution . Similarly, and