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2017 MarsdenLR 1676

COURT OF APPEAL PUTRAJAYA
PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN MALAYSIA – Appellant
Versus
PANG WEE SEE & ANOR – Respondent


Petitioner Advocates:Maisarah Juhari ,Respondent Advocate: Raymond Mah Mun Kitt,Liow Pei Xia,John Chan Chia Yoong

[40] Two of the Panel members of this Court which had heard and dismissed the appeal by the appellant in the CKN case (supra), namely my learned brother, Dato Zamani A Rahim and my learned sister, Puan Sri Zaleha Yusof, are of the view that nothing which they had heard in the oral, as well as in the written submissions by Mr Raymond Mah before us, had persuaded them to depart from their decision in the CKN appeal case. Having had the advantage of perusing the judgment of the learned JC in the CKN case (supra) which had been affirmed by this Court on appeal, I, too have no reason to disagree with them. We can find no cogent reasons as to why we ought to depart from it. We are unanimous in our view that an Adoption Order issued under the Adoption Act 1952 does not confer Malaysian citizenship to an adopted child although one of his adoptive parents is a Malaysian citizen or a person permanently resident in Malaysia by operation of law, within the contemplation and ambit of art 14(l)(b) read with s 1(a) Part II, Second Schedule of the Federal Constitution . To be a Malaysian citizen by operation of law under the provisions of art 14(1) (b) read with s 1(a) Part II, Second Schedule o

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