Can a child be Malaysian citizen by operation of law?

Question

Accepted Answer

A Child Born in Malaysia May Be Entitled to Malaysian Citizenship by Operation of Law

A 17-year-old stateless Malaysian-born teen, legally adopted by a Malaysian couple, is arguing for his entitlement to citizenship by operation of law, based on the principle of jus soli. His legal representation contends that specific provisions within the Federal Constitution, namely Article 14(1)(b) read with Part II Section 1(e) and Section 2(3) of the Second Schedule, grant citizenship to individuals born in Malaysia who are not citizens of any other country at birth. This argument posits that the identity or origins of the biological parents are not prerequisites for such citizenship claims under these sections.
Citizenship by Operation of Law Under Federal Constitution Provisions

The legal team representing the teen, identified as C, anchors their argument on Part II Section 1(e) of the Federal Constitution's Second Schedule. This section states that every person born within Malaysia who is not born a citizen of any country is a Malaysian citizen by operation of law. Further supporting their case, Section 2(3) of the same schedule stipulates that a person is to be treated as having at birth any citizenship they acquire within one year of their birth. These provisions, according to the defence, do not mandate the disclosure of the biological parents' identities or nationalities to establish citizenship.
Counterargument on Parental Nationality and Citizenship Principles

Conversely, the Registrar-General of Births and Deaths, represented by senior federal counsel Shamsul Bolhassan, argues that Section 1(a) must be considered alongside Section 1(e). The Registrar-General asserts that the principles of jus soli (citizenship by place of birth) and jus sanguinis (citizenship by parentage) are both applicable. Therefore, to be eligible for Malaysian citizenship, the individual must not only be born in Malaysia but also not be a citizen of any other country by lineage of their parents at the time of birth. Simply being born in Malaysia, according to this perspective, is insufficient without determining parental nationality.
Challenges in Ascertaining Biological Parents' Nationality

A significant hurdle in the Registrar-General's argument is the assertion that the nationality of the teen's biological parents cannot be determined. It is alleged that the adoptive parents concealed facts and provided false statements during the teen's birth and subsequent adoption in 2004. This lack of information, the Registrar-General contends, prevents a definitive establishment of the teen's lineage and whether he was abandoned, thereby complicating the citizenship claim.
Scrutiny of Investigation and Information Provided

The Chief Justice, Tun Tengku Maimun Tuan Mat, presiding over the Federal Court bench, raised pertinent questions regarding the authorities' determination of false statements and the rationale behind the teen's investigation. The investigation, it was explained, was initiated 12 years after the teen's birth, specifically when the adoptive parents applied for a MyKad. Suspicion arose regarding the teen's nationality due to a perceived discrepancy between his features and those of his adoptive parents, prompting further scrutiny into his background.

Reading history

Hide →

This history is cleared when the page is closed.

Can a child be Malaysian citizen by operation of law?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends