PETALING JAYA: The government has gone to the Court of Appeal to set aside last week’s High Court decision that children born overseas to Malaysian mothers are entitled to citizenship by operation of law.
Attorney-General Idrus Harun in a text message to FMT said the notice of appeal was filed this morning.
Once the written judgment is made available, the government will file a memorandum of appeal to outline where the trial judge has erred in law and facts.
The High Court ruling last week came after six Malaysian women and the family support group Family Frontiers filed the suit in December against certain provisions of the Federal Constitution which they said were discriminatory.
The provisions in the Constitution allow only the father to pass on his citizenship to his children born outside the federation.
On Sept 9, judge Akhtar Tahir held that the word “father” in the Second Schedule of the Federal Constitution must mean and include mothers.
The judge held that mothers were entitled to confer citizenship by operation of law in all processes, just like fathers.
Lead counsel Gurdial Singh Nijar, who led a legal team to represent the plaintiffs, said that there could be no gender discrimination as Parliament had amended Article 8 of the Constitution which provides equal protection of the law.
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