KUALA LUMPUR: An eight-year-old boy is applying to the Government to get his citizenship through his dead adoptive father’s firm partner.
Yu Sheng Meng had originally filed his court papers through his adoptive father Yu Meng Queng, 62, who died last month of leukaemia.
The adoptive father was also a partner of a law firm and a single parent.
Sheng Meng’s biological mother is an Indonesian woman named Sania Ananda while his Malaysian biological father is Yap Boon Kheng.
He was born on May 19, 2008, in Penang.
The boy now wants to get a court order that he is a Malaysian on the grounds that he was born in the country.
He also wants a declaration that he is a Malaysian under Article 15A and Article 15(2) of the Federal Constitution.
The applicant is seeking a court order directing the Government and two others to issue him a birth certificate and a Malaysian identity card within 21 days of the order.
Besides that, he is seeking damages, including exemplary damages for the actions of the defendants which he claimed was invalid and unconstitutional for not issuing a Malaysian birth certificate to him.
His lead counsel Annou Xavier said he had already informed High Court judge Justice Nik Hasmat Nik Mohamad that the boy’s adoptive father passed away on Aug 20.
“We want to substitute the plaintiff's litigation representative to his adoptive father’s law firm partner as the boy just needs a guardian.
“We will file it within 10 days,” he said, adding that the court had set Sept 30 for mention.
His co-counsel Robin Lim said the adoption order dated Sept 24, 2008, for the boy has been issued by the George Town Sessions court.
“His adoptive father, who was also a lawyer, wants the boy to be recognised as a Malaysian.
“His two previous applications to get citizenship has been rejected by the Home Ministry,” said Lim.
In the originating summons filed on June 11, 2014, the plaintiff named the NRD director-general, Home Ministry secretary-general and the Malaysian Government as defendants.
The court heard the matter and was due to decide on the matter yesterday but the decision had to be rescheduled because of the death of the adoptive father.