DAP’s Luyang assemblyman Phoong Jin Zhe said he welcomed the verdict on 27-year-old Wong Kueng Hui’s case by the appellate court in Putrajaya yesterday.
A three-member bench affirmed a decision by the High Court on Oct 21, 2019, declaring that Wong is a Malaysian citizen based on the Second Schedule, Part II under Section 1(e) of the Federal Constitution.
This is a provision under which those born within Malaysia and are not born a citizen of any other country are entitled to Malaysian citizenship by operation of law.
High Court Judge Nordin Hassan had ordered the national registration department (NRD) director-general to issue a citizenship certificate and identification card (MyKad) to Wong.
Phoong, who is also Sabah DAP secretary, said Wong had been on a long journey in pursuit of his citizenship, starting with his first application in 2007, when he was 13.
“He decided to file a lawsuit through judicial review against the government after the long delay and several rejections without valid reasons,” he said in a statement.
As such, Phoong urged the government and the NRD director-general not to file any further appeal on the case at the Federal Court.
“The verdicts from the two tiers of court are sufficient to grant Wong his citizenship.
“I also urge the government and the NRD to take this case as a reference as many in Sabah are facing a similar hindrance when applying for their citizenship despite being born and raised in Sabah.”
The Court of Appeal, in a split ruling, held that Wong, who was born to a Malaysian father and to a mother believed to be from Indonesia, is a citizen of this country.
Judge Che Mohd Ruzima Ghazali said Wong had taken reasonable steps to determine his mother’s nationality by checking with the Indonesian embassy, a search which turned out to be negative.
“Since there is no evidence to the contrary, the High Court did not err in fact and law that Wong is a stateless person,” said Ruzima, who dismissed the government’s appeal.
Judge M Gunalan was with Ruzima while Azizah Nawawi dissented.
In his statement, Phoong hoped this would be the final hurdle for Wong to obtain his citizenship smoothly.
He said others who are facing similar challenges can approach Sabah DAP for help.
Phoong said Sabah’s undocumented migrants could number anywhere from 100,000 to 300,000 people.
He added many of them comprised the third or fourth generation of their family, and they were born and raised in Sabah without having any documents but were not citizens of any other country.