Ooi Thye Peng v Pendaftar Besar Kelahiran dan Kematian Malaysia & Ors

Appellant(s): OOI THYE PiNG

Respondent(s):

• Pendaftar Besar Kelahiran Dan Kematian Jabatan Pendaftaran Negara Malaysia
• Ketua Pengarah Jabatan Pendaftaran Negara
• Ketua Setiausaha Kementerian Dalam Negeri
• Kerajaan Malaysia

• YAA Datuk Hajah Azizah binti Haji Nawawi
• YA Dato' Mohd Nazlan Bin Mohd Ghazali
• YA Datuk Azhahari Kamal bin Ramli

• The appellant sought citizenship under Article 14(1)(b) of the Federal Constitution, citing birth in Malaysia and other provisions.
• The appellant was adopted at four months old, with his biological mother identified only as "Susila" and his biological father unknown.
• Despite attempts to register his birth and obtain citizenship, the appellant's applications were unsuccessful.

• Whether the appellant, born in Malaysia to unknown biological parents, qualifies for citizenship under Article 14(1)(b) read with various sections of the Second Schedule of the Federal Constitution.
• Whether the appellant met the requirements of *jus soli* and *jus sanguinis* for citizenship by operation of law.
• Whether the appellant could be considered a "newborn child found exposed" under Section 19B of Part III of the Second Schedule.

• The Court of Appeal affirmed the High Court's decision, finding no appealable error.
• The appellant failed to prove that either of his biological parents was a Malaysian citizen or permanent resident at the time of his birth, thus not satisfying the *jus sanguinis* requirement.
• The appellant was not considered a "found exposed" child as he was handed over for adoption by his biological mother, not abandoned.