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CONSTITUTIONAL LAW – CITIZENSHIP – CITIZENSHIP DENIED: HIGH COURT REFUSES TO LEGALISE CHILD TRADING

1. Summary and Facts

Ow Man Yaw & Ors v Kementerian Dalam Negeri & Anor [2024] 9 MLJ 77 concerns a dispute where the applicants, a married couple, sought Malaysian citizenship for a child under their custody. The child’s original birth certificate recorded them as parents and citizen by birth at Sinova Medical Centre. However, investigations revealed that the applicants were not the biological parents, the birth was arranged through an agent for RM20,000, and the actual place of birth was unknown. A new birth certificate was issued stating the child was a non-citizen. Although the applicants later obtained an adoption order, subsequent birth certificates continued to record the child as non-citizen. The applicants then applied for citizenship under Article 15A but, receiving no response, filed the present motion seeking recognition of citizenship by operation of law under Article 14(1)(b) read with section 19B of the Second Schedule.

2. Legal Issues

• Whether the child was found “exposed” or “abandoned” within the meaning of section 19B, Part III, Second Schedule of the Federal Constitution.
• Whether citizenship by operation of law under Article 14(1)(b) and section 19B could be invoked despite irregularities surrounding the child’s origins and custody.

3. Court’s Findings

• The Court ruled in favor of the defendant, Kementerian Dalam Negeri & Anor.
• Issue 1: The child was not “abandoned” but rather the subject of a planned arrangement involving the birth mother, doctor, agent and applicants amounting to child trading.
• Issue 2: As for Article 15A Federal Constitution, courts held that the decision rests solely with the Federal Government and not the judiciary.

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