k-01a-590-11-2023 — 1. ) KETUA PENGARAH PENDAFTARAN NEGARA, MALAYSIA 2. ) PENDAFTAR BESAR BAGI KELAHIRAN DAN KEMATIAN, MALAYSIA 3. ) KERAJAAN MALAYSIA v QUAH ENG PANG

Catchwords

Citizenship — Operation of law — Respondent born in Malaysia to a Malaysian biological father and a Thai mother — Parents not legally married at the time of birth — Whether respondent is an illegitimate child — Interpretation of Article 14(1)(b) read with Section 1(a), Part II of the Second Schedule and Section 17, Part III of the Second Schedule of the Federal Constitution — Principle of jus sanguinis — Whether citizenship of an illegitimate child follows the mother — Binding effect of the Federal Court decision in Chan Tai Ern Bermillo [2021]. National Registration — Identity Card (NRIC) — Replacement of lost NRIC — Investigation by National Registration Department (NRD) into citizenship status — Cancellation of NRIC and issuance of a new birth certificate reflecting non-citizen status — Whether the NRD acted ultra vires — Burden of proving the truth of NRIC contents — Regulation 24 of the National Registration Regulations 1990 — Whether a MyKad/NRIC is conclusive proof of citizenship status. Deprivation of citizenship — Procedure for deprivation — Articles 26 and 27 of the Federal Constitution — Citizenship Rules 1964 — Whether deprivation procedures apply to a person who never qualified for citizenship by operation of law or registration — Distinction between revocation of an improperly issued document and deprivation of validly acquired citizenship. Burden of proof — Citizenship status — Burden on the applicant to prove the truth of the contents of an identity card under Regulation 24 of the National Registration Regulations 1990 — Failure to provide documentary evidence of citizenship by registration — Application of Sections 101, 102, and 103 of the Evidence Act 1950. "Parents" — "Father" — Interpretation in the context of illegitimate children under Section 17, Part III of the Second Schedule of the Federal Constitution — "Warganegara" status on NRIC — "Citizenship by operation of law".

Practice Areas

Citizenship

Judges (3)

Azhahari Kamal bin Ramli Coram Azizah binti Haji Nawawi Delivered Mohd Nazlan bin Mohd Ghazali Coram

Counsel (5)

Pejabat Penasihat Undang-Undang Negeri Pulau Pinang Firm Siau Suen Miin & Tan Firm Aliza Binti Jamaluddin Counsel Appellant Nurdiana Binti Azmi Counsel Respondent Siau Suen Miin Counsel Respondent

Parties (4)

KETUA PENGARAH PENDAFTARAN NEGARA, MALAYSIA Appellant Kerajaan Malaysia Appellant PENDAFTAR BESAR BAGI KELAHIRAN DAN KEMATIAN, MALAYSIA Appellant Quah Eng Pang Respondent

Summary

The NRD and government appealed against a High Court decision declaring the respondent, born in Malaysia to a Malaysian father and Thai mother who were not legally married, entitled to Malaysian citizenship. The Court of Appeal allowed the appeal, finding the respondent was an illegitimate child whose citizenship follows the mother under the Federal Constitution's Second Schedule, as established by the binding Federal Court decision in Chan Tai Ern Bermillo. The respondent's classification as a non-citizen was upheld.

What was the outcome of 1. ) KETUA PENGARAH PENDAFTARAN NEGARA, MALAYSIA 2. ) PENDAFTAR BESAR BAGI KE...?

<p>The NRD and government appealed against a High Court decision declaring the respondent, born in Malaysia to a Malaysian father and Thai mother who ...

Statutes Cited

Evidence Act 1950 (Cap 56)

Federal Constitution

Art 14 Art 27

Cases Cited (12)

MY (12)

[2012] 4 CLJ 613 [2017] 3 MLJ 2 [2017] 3 MLJ 308 [2018] 6 MLJ 548 [2020] 3 AMR 421 [2020] 3 MLJ 634 [2020] 4 CLJ 597 [2021] 1 MLJ 120 [2021] 3 CLJ 301 [2021] 4 MLJ 236 [2021] 6 CLJ 471 [2021] CLJ 471