KUALA LUMPUR: A 39-year-old man, abandoned as a newborn near a rubbish bin at the Chow Kit market four decades ago, has been granted Malaysian citizenship through the operation of law.
His life began in despair, earning him the nickname 'bayi tong sampah' (rubbish bin baby).
Now, he can finally breathe a sigh of relief after the Penang High Court awarded him Malaysian citizenship.
Born on Dec 31, 1984, the plaintiff was discovered wrapped in a white towel with his umbilical cord still attached by a woman who cared for him for four years before he was placed in a welfare home under the Social Welfare Department.
He was under the department's care until adulthood.
However, the man remained stateless, not recognised as a Malaysian citizen and without citizenship from any other country.
The National Registration Department (NRD) issued him a birth certificate with non-citizen status and a temporary identification card, which is set to expire on Apr 4 next year.
On Apr 8 of last year, he filed an originating summons regarding his citizenship status, naming the NRD registrar-general of Births and Deaths, the NRD director-general, and the government as defendants.
In his ruling, Judge Datuk Quay Chew Soon stated that the plaintiff had fulfilled the criteria of jus soli and jus sanguinis, qualifying him for citizenship by operation of law under Article 14(1)(b) of the Federal Constitution.
"He was born in the Federation after Malaysia Day and did not obtain citizenship of any foreign country within one year of his birth.
"The Welfare Department confirmed the plaintiff was an abandoned child and was placed under the protection of the welfare home.
"The plaintiff asserts he has never known his parents and has been living alone.
"This is corroborated by the Penang Welfare Department director, who confirmed that the plaintiff was a victim of abandonment and that his family was unknown," he said in his grounds of judgment, which were uploaded on the judicial department website yesterday.
Quay explained that as a newborn left and discovered at the Chow Kit market, the plaintiff is presumed to have been born in Malaysia to a mother permanently residing here.
The judge said the plaintiff would not be able to identify and trace his biological parents as he was left and discovered near a rubbish bin.
"The defendants focus on some minor discrepancies regarding dates, but the fact remains that the plaintiff was admitted to welfare homes as a toddler after being found by a woman.
"He would be disqualified from obtaining citizenship if he had secured the citizenship of another country at birth or within one year of his birth. That is not the case here."
"The plaintiff is stateless and he does not possess any citizenship of another country.
"He was born and raised in Malaysia. He has never been out of the country," he added.
The plaintiff was represented by lawyers Habib Rahman Seeni Mohideen and Nur Alis Aiman from Messrs. Ezrilaw while Senior Federal Counsel Teh Li Siew appeared for the defendants.