The Borneo Post (Sabah)

Court declares Perak-born stateless girl a citizen

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KUALA LUMPUR: Born in Perak, a 13-year-old girl can now proudly call herself a Malaysian citizen after the High Court made a declaratio­n in her favour yesterday and ordered the National Registrati­on Department (NRD) to issue her an identifica­tion card.

The government had previously refused to recognise the child as a citizen, as she was born to a Malaysian father and a Filipina mother before their marriage was registered and was considered illegitima­te.

The child cannot be named, though her parents and lawyers have consented to the publicatio­n of her picture in news reports.

In her decision yesterday, High Court judge Datuk Faizah Jamaludin said the girl was “no longer illegitima­te” at the time the Home Ministry rejected her citizenshi­p applicatio­n nor when she filed for judicial review to challenge the citizenshi­p refusal.

Faizah noted the girl’s parents had registered their marriage, and that their child had been legitimise­d from their marriage registrati­on date onwards.

“I find pursuant to Section 3 of the Legitimacy Act, the marriage of the second applicant’s parents rendered her legitimate,” the judge said, referring to the child as the second applicant.

“This is the decision of the court: An order of mandamus is granted to the respondent­s to issue a citizenshi­p certificat­e and MyKad to the second applicant.

“It is hereby declared that the second applicant is a Malaysian citizen by operation of law under Article 14(1)(b) of the Federal Constituti­on, read together with Part II of the Second Schedule of the Constituti­on,” she added.

The judge gave no order for damages or cost.

When met outside court, both the girl and her father Lew Yee Hong said they were “happy” with the decision.

The child, whose name has been withheld at the request of the lawyers, is now in Form One at a school in Sungai Siput, Perak.

The girl’s mother, who declined to be named, told reporters that she was very “happy” and overjoyed with the court’s ruling.

Having waited a long time for this moment, the mother said she nearly cried “tears of joy” when hearing that her child was recognised as a citizen and would receive an identifica­tion card.

 ??  ?? Lew Yee Hong (second right) with his daughter and their lawyers, Larissa Ann Louis and Annou Xavier in High Court Kuala Lumpur yesterday.
Lew Yee Hong (second right) with his daughter and their lawyers, Larissa Ann Louis and Annou Xavier in High Court Kuala Lumpur yesterday.

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