KUALA LUMPUR – Former Malaysian junior squash champion Choong Wai Li, who is among five other plaintiff mothers in the Suriani Kempe case, has managed to secure citizenship for her overseas-born son.
The plaintiffs had obtained their overseas-born children’s citizenship by “operation of law” under Article 14(1)(b) of the Federal Constitution following the landmark KL High Court decision on September 9, 2021, which granted Malaysian women equal citizenship rights and recognised their overseas-born children as citizens.
“He (Wai Li’s son) is a very proud Malaysian, loves living in KL and sees Malaysia as his home. Receiving his citizenship means the world to all of us.
“In the years to come, when he finds his passion in life, we are excited that he can represent Malaysia, in sport or other endeavours,” Wai Li said in a Facebook post co-penned with her Irish husband Ronan Collins.
Choong & Collins Family - Public Expression of Gratitude We would like to express our heartfelt thanks to Family...
Posted by Ronan Collins on Tuesday, April 26, 2022
In a statement, family rights non-governmental organisation (NGO) Family Frontiers said although this is a historic development worthy of celebration, another plaintiff in the case and other Malaysian mothers in similar circumstances – also protected by the KL High Court order – have not received their children’s documents.
“The delay is unjustified.
“It has been four months since the Court of Appeal unanimously dismissed the government’s application to stay the High Court judgement pending appeal,” said the NGO.
Despite the court order stating that women should undergo the same registration process as men for their overseas-born children, the organisation said the government has yet to produce a clear and consistent guideline to process Malaysian mothers’ documents via Article 14(1)(b) and has not adequately prepared the National Registration Department (NRD) branches and Malaysian Mission Overseas.
“Feedback received by Family Frontiers from mothers, who went to submit their documents, demonstrated that the NRD is not applying the same process as for men, including the processing time.
“For registration of children below the age of 12 at Malaysian Mission Overseas, women are told that their documents will take an indefinite time to process while men enjoy an immediate and straightforward process. They are also required to furnish additional documents that are not required of men.”
Family Frontiers also said that with a failed stay application, the government is obliged to respect and comply with the High Court decision while awaiting the Court of Appeal’s decision, which is scheduled to be announced on June 22.
“We strongly urge the government to issue citizenship-related documents to all overseas-born children of Malaysian women without further delay and for the Home Affairs Ministry to issue clear instructions and guidelines to all NRD branches and Malaysian Mission Overseas such that they apply the same procedures as those for Malaysian fathers in accordance with the High Court decision,” said the organisation.
Family Frontiers also asked the government: “Is it not your duty to ensure that there are safeguards in place to protect its female citizens?
“Each day the government delays its implementation of the High Court judgement is another day its women are put through unwarranted fear and anxiety, including being forced to remain in toxic marriages overseas without support.
“Until the government defends the status quo, children of Malaysian women will continue to be denied equal access to basic rights, such as affordable healthcare, education and the right to remain in the country with their families.” – The Vibes, April 28, 2022
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