In an earlier article entitled "Citizenship for Adopted Children - A Malaysian Perspective [2013] 1 MLJ xiii", we described the story of a child who was given up for adoption by his biological parents and was subsequently adopted by Malaysian citizens. In the judicial review proceedings, the parents sought from the High Court declarations that the child is a Malaysian citizen pursuant to Section 1(a) and Section 1(e) of Part II of the Second Schedule of the Federal Constitution. Lau Bee Lan J (now JCA) in Lee Chin Pon & Anor v Registrar-General of Births and Deaths, Malaysia [2010] (unreported) declared the child a citizen by operation of law.
Since the decision of Lee Chin Pon, a number of similar cases have been brought to the Courts with mixed results and inconsistent outcomes. In this article, we describe five cases in which the children (referred to as P, C, L, T and M to respect their privacy) sought judicial recognition of their citizenship by operation of law under Article 14 of the Federal Constitution. These matters originated in the High Court and were eventually set for joint hearings at the Federal Court.
Detailed submissions were prepared and filed in the Federal Court. Counsel were ready with oral arguments. However, after repeated adjournments, the appeals were ultimately settled when the Ministry of Home Affairs granted citizenship by registration under Article 15A of the Federal Constitution to the children. In the absence of a decision by the Federal Court on the merits of the novel issues, the uncertainty and inconsistencies in the law remain.
This article will start with a summary of the facts, issues and proceedings in the five cases. The arguments raised by parties in the written submissions filed in the Federal Court will also be set out. This article concludes with a description of the journey at the Federal Court leading to the amicable settlement of these matters.
In the matter of P (A Child)