Local-born boy obtains his citizenship - after 11 years

After years of trudging through the courts and the National Registration Department, an 11-year-old boy finally obtained approval from the Home Ministry today confirming his citizenship as a Malaysian.

Born in Penang on May 19, 2008, Yu Sheng Meng broke into a joyful smile this morning when he received a letter from the ministry approving his citizenship - at the National Registration Department (NRD) at the Home Ministry in Putrajaya.

Arriving with his adopted father Tan Khek Pheng and brother around 9am at the ministry, they were ushered into an office there by a ministry official, where the letter was presented to him.

Accompanying the family at the ministry this morning, their counsel Annou Xavier thanked the government for allowing Sheng Meng to finally be made a Malaysian citizen.

“Today is a glorious day. The boy, Yu (Sheng Meng), was granted a letter today, Sept 27, from the Home Ministry approving his citizenship.

“It has been a long 11-year wait, but an eventful one as Yu is now part of the big family of Malaysia,” Xavier told Malaysiakini.

Born to a Malaysian father and Indonesian mother, Sheng Meng was legally adopted by his first adopted father, a Malaysian named Yu Meng Queng, who was born on Oct 28, 1953.

A new birth certificate was then issued to the child, whereby the document stated his adopted father’s name Meng Queng, with his status as “permanent resident”.

Trouble started when Meng Queng filed an application with the National Registration Department (NRD) in Penang for Sheng Meng to be made a citizen.

The NRD rejected the first bid, and did the same for the second one filed by Meng Queng.

In response, Meng Queng filed a legal action for a declaration that Sheng Meng is a Malaysian citizen in accordance with Article 14(1)(b), Article 15(2) and/or Article 15A of the Federal Constitution.

The legal bid had also sought a court order for a birth certificate and identity card to be issued stating that Sheng Meng is a Malaysian citizen.

It was not an easy process as the High Court in Kuala Lumpur struck out the legal action on March 17, 2015. Then, on their appeal, the Court of Appeal on Oct 2 the same year ordered the High Court to hear the application.

The Home Ministry and the NRD had even appealed the Court of Appeal decision to the Federal Court on Nov 2, 2015. The Federal Court denied leave to the appellants and ordered the matter be heard by the High Court.

On Nov 25, 2016, the High Court dismissed the legal bid for citizenship, leading to another appeal to the Court of Appeal.

On July 4 this year a three-member Court of Appeal bench comprising Umi Kalthum Abdul Majid, Hasnah Mohd Hashim and Yew Jin Kie ordered the ministry to reconsider granting citizenship to Sheng Meng as the matter had dragged on for too long.

Meng Queng had passed away during this long interval and his colleague, Tan Khek Peng, had become the boy’s new adopted father. - Mkini