Twenty-four Filipinos charged with having fake MyKads

JOHOR BARU: Twenty-four Filipinos pleaded guilty at a Magistrate’s court here for possessing fake MyKad and cards belonging to Malaysians.

They were arrested in raids at residential areas in Masai and Pasir Gudang by the Putrajaya National Registration Department (NRD) enforcement officers from 1.30am on May 19 to 6am on May 20.

The eight women and 16 men are aged between 25 and 60 years.

One of them, Norman Salam, 34, was sentenced to a two-year jail term for possessing three MyKads belonging to Malaysians.

The rest received 10-month jail term each for either having fake MyKad or the cards belonging to locals.

NRD officers Mohd Fazdhly Abd Razak and Mohd Ashgar Mohd Hussain prosecuted the case while the 24 were not represented.

Zahid: No need to amend law for stateless children issue

There is no need for the government to amend the law to resolve the citizenship status of stateless children, Deputy Prime Minister Ahmad Zahid Hamidi said today.

Zahid said this is because the Federal Constitution has stipulated the provisions and conditions with regard to applying for citizenship.

"It is the parents' obligation to refer to their countries of origin if a child is born in Malaysia, to secure travelling documents and identification documents," he added in a parliamentary written reply.

Zahid, who is also home minister, was responding to Ramkarpal Singh (DAP-Bukit Gelugor), who asked the home minister if the government intended to amend the law to allow stateless children to be registered automatically as legal citizens.

It is reported that Malaysia has 150,000 stateless children.

Zahid disagreed with the terminology "stateless children", saying that they are not stateless as the information suggested their parents are foreigners.

Gov't gets three months' stay on Navin MyKad issue

The High Court has granted a conditional stay of three months, from today, for the National Registration Department and Home Ministry to get a decision on their application to appeal the court order granting teenager M Navin a MyKad.

The stay was granted by Justice Hue Siew Kheng in Kuala Lumpur today, on an application filed by the National Registration Department (NRD) and the Home Ministry.

"It is up to the Attorney-General's Chambers to push for an earlier date at the Court of Appeal," Justice Hue said in chambers.

Navin's lawyer Annou Xavier (left) told reporters outside court that should the AG's Chambers fail to get an early hearing date within the three months, the NRD would have to issue the MyKad to Navin.

In ordering the MyKad to be issued to Navin on Nov 25, Justice Hue said the decision of the NRD and ministry not to do so is unjustified.

Navin, 16, is of mixed Malaysian and Filipino parentage.

The NRD and the Home Ministry filed their notice of appeal against Justice Hue's decision last month.

Birth certificate revoked

It was reported that Navin was issued a Malaysian birth certificate and also an international passport, but the authorities revoked the birth certificate on July 21, 2010, based on Article 15A of the Federal Constitution.

They cited special circumstances on grounds that his father did not register his marriage.

As a result of this, Navin filed the originating summons application in December 2013, in which he sought a declaration that he is a Malaysian citizen and for the NRD to issue him a MyKad.

In her order to the NRD to issue the MyKad, Justice Hue said the NRD's first letter dated July 25, 2011, was unjust and too harsh in deciding not to issue citizenship on grounds of Article 15A of the Federal Constitution, following the father's failure to register his marriage.

“This is truly an error in law, as Article 18 of the Federal Constitution makes no reference to parents on whether they are legally married or not. It is irrelevant,” she said.

She further cited Article 7.1 of the United Nations' Convention of Rights of the Child, which states the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.

Teen's future uncertain as gov't appeals IC case

 

The future of M Navin, 16, a teenager born of a Malaysian father and a Filipina mother, remains uncertain.

This follows the National Registration Department (NRD) and the Home Ministry are appealing against a Kuala Lumpur High Court order last month to issue him a MyKad.

Navin’s lawyer Annou Xavier told Malaysiakini that they received a copy of the notice of appeal from the Attorney-General’s Chambers today.

“This is truly a sad day as the government decided to appeal,” he said.

A notice of appeal is filed after 30 days following the judgment and following that, the judge will provide the written judgment. The Attorney-General’s Chambers will then submit the grounds for their appeal.

On Nov 25, KL High Court ordered the NRD and ministry to issue the MyKad after ruling that their decision not to grant him citizenship was unjustified.

Navin was issued a birth certificate and an international passport previously, but they revoked the birth certificate later on July 21, 2010 based on Article 15A of the federal constitution over “special circumstances” on the grounds that the father did not register his marriage.

Following this, Navin filed the originating summons application in December last year in which he sought a declaration that he is a Malaysian citizen and for the NRD to issue him a MyKad.

Justice Hue Siew Kheng, in her decision in granting a mandamus order to compel the authorities to issue Navin the MyKad within 30 days, said the “special  circumstances” in not issuing the card were not defined and she used existing laws in the country in respecting children and for the authorities to act in the best interests of the child.

Hence, she said special circumstances should be what is done to promote the child's welfare and not render the person as stateless.

“This is an undesirable circumstance for the child,” said Justice Hue in her decision.

She noted that as the passport and birth certificate were issued to Navin, it is within the plaintiff's limited expectations for him to make the application.

“Firstly, his birth certificate states he is a citizen and the passport issued means a valid travel document recognised by the government was issued recognising him. This implied or recognised that he is a citizen of Malaysia and has a legitimate expectation to do so.”

Zahid: 94 held even before RCI on ‘Project IC’

Government proactive in taking action against abuse of power by individuals in or outside NRD.

FMT

KOTA KINABALU: There had been no direct or indirect involvement of the National Registration Department (NRD) and state government departments and agencies in the “Project IC” in Sabah, Home Minister Ahmad Zahid Hamidi said today.

However, he said, there had been abuse of power by individuals in or outside NRD at the time and legal action had been taken against the individuals involved.

“Action was taken even before the setting up of the Royal Commission of Inquiry (on illegal immigrants in Sabah), whereby 94 offenders were detained under the Internal Security Act (ISA) at the time. Meaning, there was proactive action by the government.

“So in this matter, I urge all quarters to have an open mind and heart for us at the ministry and federal and state governments to sincerely help resolve this issue,” he said after visiting the Tempopary Detention Centre for Illegal Immigrants in Kimanis today.

Meanwhile, Zahid noted that the number of Malaysian citizens in Sabah was smaller than the number in Sarawak.

He said that according to the Statistics Department Report 2010, the total population of Sabah was 3.2 million comprising Malaysian citizens and non-citizens with valid documents as well as illegals.

“However, out of that number, the citizens formed only 2.511 million, compared with 2.6 million of their counterparts in Sarawak.

“After subtracting the number of Malaysian citizens from the total population of 3.2 million in Sabah, the number of foreigners in the state including those with valid documents and allowed to work and the illegal ones stood at about 700,000.”

However, Zahid said, it was difficult for the ministry to ascertain the actual number of illegals in Sabah as they were not registered but their number was estimated at around 250,000.

Zahid also noted that since 1990, 401,000 foreigners, mostly from the Philippines and Indonesia, had been repatriated to their countries of origin and in 2014 alone until October, 17,434 were repatriated.

He said efforts to detect and detain illegals in Sabah were ongoing and not seasonal, while any weaknesses were being addressed for effectiveness in tackling the issue of illegals.

On the proposal to increase the number of immigration detention depots in Sabah and expanding the capacity of the existing ones, Zahid said the matter was being considered.

On cooperation from the Philippines and Indonesia in tackling the issue of illegals in Sabah, he said so far it had been satisfactory following discussions between Wisma Putra and the countries concerned.

– BERNAMA

After four-year wait, Malaysia-born teen finally gets legal recognition as a citizen

Malay Mail
by JOSEPH SIPALAN

High Court ordered the federal government to recognise him as a Malaysian citizen and issue him a MyKad by the end of this year.

Judge Datuk Hue Siew Kheng ruled that the federal authorities had acted unfairly in rejecting two earlier applications by Navin Moorthy to be granted his citizenship, describing it as “unjust and too harsh”.

She said there is no provision under Article 15A of the Federal Constitution that expressly states that the marriage of a child’s parents must be officially registered to qualify for citizenship, as claimed by the National Registration Department and the Home Ministry.

Hue added that because there is no clear definition of the “special circumstances” outlined under Article 15A, it should be interpreted to cover the various protections afforded to children by Malaysia’s ratification of the United Nations’ Convention on the Rights of the Child.

“The primary consideration should be what is best for the child,” she said in her judgement, adding that there are several statutes in force in the country that abide by the convention’s requirement that puts the welfare of children as a priority.

Hue also rebuked the authorities for having “glossed over” the fact that a Malaysian passport — which was issued to Navin — can only be issued to citizens, and that the approval of the teen’s passport amounted to an implicit recognition of his citizenship.

In view of the authorities’ discrepancies, Hue ordered the National Registration Department (NRD) to immediately recognise the boy’s citizenship and to issue him a MyKad within one month from today.

Hue also ordered the NRD to pay RM8,000 in costs.

When met outside the court, Navin said he was overjoyed that he can now proudly say without any doubt that he is a Malaysian citizen.

“I feel very happy. It’s been four years of waiting... some people said I was a foreigner, but now I can prove that I am not a foreigner,” said the 16-year-old.

Navin, through his father Moorthy Ramiah Pillai, filed a civil suit last December against the director-general of the NRD, the Home Ministry, as it oversees the NRD, and the federal government over his citizenship status.

In his submissions, the teenager claimed that he was initially issued a birth certificate that listed him as a citizen when he was born on July 8, 1998, but found that his status was later changed to “Bukan Warganegara” or non-citizen.

Navin, who was born to a Malaysian father and Filipino mother, is also listed as a citizen in his Malaysian passport issued by the Immigration Department.

His businessman father, Moorthy, had applied twice with the NRD for his son’s citizenship, but claims that both applications were rejected by the Home Ministry.

Strip citizenship of those not well-versed in Malay, Johor rep says

(The Star) – An assemblyman caused a stir in the Johor state assembly when he suggested that students who fail to master the national language be stripped of their citizenship.

Datuk Dr Shahruddin Salleh (BN-Jorak) (pic) said many students were not able to master the language and this was even prevalent among the Malays.

“Even my own neighbour whose father and mother are Malays but because their child goes to international school, the child is unable to converse in Malay,” he said adding that the situation was prevalent in the vernacular schools.

Dr Shahruddin added that students were now more interested in mastering English and do not take the learning of Malay seriously.

He said the use of the Mandarin and Tamil by teachers in vernacular schools was another reason for students being weak in Malay, adding that the teachers were also not well-versed in Malay.

Dr Shahruddin was interrupted by Tan Hong Pin (DAP-Mengkibol) who cited the standing orders but speaker Tan Sri Mohamad Aziz managed to defuse the situation.

Assemblyman Ali Mazat Salleh (BN-Bukit Batu) later suggested that the state government use Jawi in all its government documents statewide.

Entrepreneur, Cooperative Development, Education and Information committee chairman Md Jais Sarday shot down the suggestions saying the government has no plan to implement them.

At a press conference, Dr Boo Cheng Hau (DAP-Skudai) said Pakatan Rakyat would meet to refer Dr Shahruddin to the privileges committee.

Birth certs for stateless kids a right move

MPSS secretary says the initiative will resolve perennial issues related to illegal immigrants in Sabah.

FMT

TAWAU: The government’s decision to issue birth certificates without citizenship status to stateless children in Sabah is appropriate, according to a local leader.

Majlis Permuafakatan Suluk Sabah (MPSS) secretary Mohd Zaki Harry Susanto said it also showed that the government was transparent in handling security concerns.

He said the initiative would resolve perennial issues related to illegal immigrants in Sabah.

“Nevertheless, the government must ensure that the mechanism will not be exploited by irresponsible parties.

“The implementation will not be easy and will take time, because the sovereignty of the country and special rights of Malaysians cannot be compromised,” he said in a statement.

Yesterday, Prime Minister Najib Razak announced that the government would provide birth certificates to stateless children, which would only contain their birth records.

RCI Report public next month

Sabah Deputy Chief Minister and Huguan Siou Joseph Pairin Kitingan will head a committee to look into the findings.

FMT

KOTA KINABALU: Prime Minister Najib Abdul Razak announced at the Upko Convention in the Sabah capital on Sat that the Royal Commission of Inquiry (RCI) Report on illegal immigrants in Sabah will be made public next month.

“Sabah Deputy Chief Minister Joseph Pairin Kitingan will head a committee to look into the findings and come up with the next course of action,” he said in adding that this must be within the context of esprit de corps, without elaborating what he meant by using the term.

Najib said he was aware how important the issue was to Sabahans. He made the decision to make the Report public after discussing with his Federal Cabinet colleagues, he stressed.

The RCI Report was handed over to the King and Najib six months ago.

The RCI headed by Steve Shim Lip Kiong, a former Chief Judge of Sabah and Sarawak, was set up on 21 Sept, 2012 and closed on 20 Sept last year.

It summoned 211 witnesses including former Prime Minister Mahathir Mohamad, Opposition Leader Anwar Ibrahim, Pairin and his younger brother Jeffrey Kitingan, the Assemblyman for Bingkor.

Waytha: NRD’s attitude reflects badly on govt

Indians continue to face many obstacles in obtaining identification documents from the NRD, says Hindraf chairman P Waythamoorthy.

KUALA LUMPUR: The callous attitude taken by National Registration Department (NRD) officers against Indians reflects badly on the government as it appears purely racist in manner, said Hindraf chairman P Waythamoorthy.

Waythamoorthy, who is also a deputy minister in the Prime Minister’s Department, said Indians continued to face many obstacles in obtaining identification documents from the NRD.

He was referring to the 12-year-old S Mahalachemi who attempted suicide after the NRD told her to undergo a DNA test to determine her parentage to obtain her MyKad.

The NRD had said Mahalachemi should obtain a DNA test because her skin colour differed from her mother,V Kamala, 60.

Waythamoorthy said it was an unreasonable request by the NRD because the child had her birth certificate confirming her Malaysian parentage.

Hindraf had earlier provided to the prime minister a holistic solution within the law whereby issues relating to the identification documents for more than 300,000 stateless Malaysian Indians could be solved permanently.

The solution proposed by Hindraf is in compliance with Article 14, 15, 16 & 19 of the Federal Constitution and initiates a pro-active manner to resolve the stateless issues facing Indians once and for all.

“The failure of a comprehensive solution will lead to such instances as the attempted suicide by this child due to the unreasonable manner how the NRD officers racially profile the Indian community.

“We urge the government to adopt the proposals so that such incidents can be prevented and reflect the willingness of the government in addressing the statelessness of the Malaysian Indians,” said Waythamoorthy.

MIC Youth to be involved

Meanwhile, special officer to Perak Menteri Besar Zambry Abdul Kadir, C Sivaaraajh said he will meet Perak NRD director Mohd Zahari Hassan on issuing a MyKad to the girl.

“It is a straight forward case, where the mother has all the documents required to apply for MyKad. Thus, I do not think the NRD will reject her application,” he told FMT after visiting the girl in hospital.

“The problem started with the Ipoh NRD deputy director who had asked the mother and daughter to conduct DNA test,” he said, adding that MIC will lodge an official complaint against the officer.

Mahalachemi attempted suicide on Saturday after becoming upset with the NRD treatment and heartless teasing in social media.

She was taken to Raja Permaisuri Bainun hospital for treatment after she fainted at her aunt’s house in Taman Harmony, Jelapang.

It is learnt that Mahalachemi is in stable condition and doctors have advised her to take a two-week rest.

Mahalachemi, who turned 12 in September, applied for her MyKad in NRD at Ipoh Urban Transformation Centre on Tuesday.

Sivaaraajh , the newly-elected MIC Youth wing chief, also criticised opposition leaders for highlighting the matter in the media.

“They should be more careful on highlighting such issues, especially incdents involving underaged children. We must protect their identity,” said Sivaaraajh.

Guess how long it takes to get a brand-new MyKad?

The writer shows his ‘misplaced’ MyKad while holding his temporary identity paper. — Picture by Arif Kartono 

(MM) - I now realise how easy it is for foreigners to use MyKad belonging to another to get about their daily chores.

It takes only an hour for one to obtain a new MyKad — no questions asked.

The Malay Mail journalist K. Harinderan put the process to test and was in for a shock.

Despite being in possession of a MyKad, he was able to apply for another card without having to lodge a police report or filling any forms.

Harinderan visited the National Registration Department (NRD) branch in Rawang last Thursday on the pretext of applying for a new MyKad after having “misplaced” his old card.

The exercise was conducted following revelations in Parliament last week that more than half a million MyKad were reported missing between January 1 and October 31. That’s an average of almost 2,000 cards lost daily.

There have also been numerous reports of foreigners caught holding a MyKad.

Harinderan relates his experience:

I visited the NRD Rawang branch at 9.15am but was met with a large sign on the counter that read “system offline”.

I returned at 11.15am and saw a large crowd, with at least 40 people ahead of me. After getting my number, I chatted with several people.

Alice Wu, 24, said she misplaced her MyKad and was told by a NRD officer that she need not lodge a police report.

“This reduces the burden of me running around to replace my card,” said Wu.

Azli Rahim, 41, said he too lost his identity card and was surprised that it took him only one hour to get his temporary identification paper.

“I was in and out within an hour and was told to return in two weeks to collect my new MyKad,” said Azli.

It was my turn after 45 minutes. The officer asked me to place my thumbs on a scanner to verify my prints.

The officer then asked me how I had lost my card. I replied I had simply misplaced it and was not a victim of a snatch theft or robbery.

He then told me I had to pay RM210 since this was the second time I had lost my card.

For the record, I lost my identity card about two months ago after my car was broken into.

The officer then asked me to take my photo at the photo booth. A temporary identity paper was printed out and handed to me accompanied with a receipt.

I was told to return within 10 days to collect my new MyKad. I left the department at about 12.20pm, just in time for lunch.

I lodged a police report at the Rawang police station over this exercise the following day.

Since police do not carry MyKad readers at roadblocks and banks do not have links with NRD, I am able to go about my daily routine and carry out transactions with my “missing” MyKad.

And I now realise how easy it is for foreigners to use MyKad belonging to another to get about their daily chores.

Govt depts must learn to say ‘sorry’

Little did the NRD think that Kamala would highlight her predicament to the press - when she did, the department developed cold feet and resorted to lying.
COMMENT

Newly-elected Gerakan president Mah Siew Keong says PKR de-facto leader Anwar Ibrahim cannot be let off the hook for lying to the rakyat that 40,000 Bangladeshis voted in the May 2013 general election.

Mah wants Anwar to apologise for causing major public panic in the run-up to the polling day. “As a result of his statement, many people were unfairly treated because their skin colour is similar to a Bangladeshi,” Mah had said.

Does racial repercussion worry Mah? If it honestly did, the Gerakan chief would not have stopped at castigating Anwar. Mah would have been just as upset with the treatment the Perak National Registration Department accorded to a mother-daughter duo.

Instead of it being ‘business as usual’, the 60-year-old mother, V Kamala and her 12-year-old daughter were told by the department to undergo a DNA test before a MyKad could be issued to the girl.

As puzzled as the mother and daughter were, they were stunned with the reason cited for the DNA test – the child is fairer than her mother!

If the department’s blatant refusal to serve its client is all because the mother and child do not share the same skin colour, this clearly is the height of racism in Malaysia.

Just because a child is fairer than her parent or parents gives no right to the NRD to reject a MyKad application until a DNA test is done.

Would NRD react the same way to a VIP whose child is fairer or looks ‘different’ and demand that they too undergo a DNA test? Or is the NRD only competent at flexing its muscles at the average Malaysian who have no ‘cables’ to latch onto?

It is a relief that Kamala took her dissatisfaction with the NRD to the media. The Tamil daily, Tamil Nesan reported Kamala as saying that the Perak NRD asked her to undergo a maternity test to prove that she is the biological mother of S Mahalachemi, all because their skin tone did not ‘match’.

“I was shocked when the so -called officer asked (me) to do maternity test just because we have different skin colour,” she said.

That Kamala refused to comply with the NRD’s demand is understandable. She had all the necessary documents to aid her daughter’s identity card application.

While Kamala had to endure such an ordeal, the situation was far easy for foreigners with there being as many as 1.5 million fake MyKad currently in circulation since the 1970s.

Recently, STAR Sabah chief Dr Jeffrey Kitingan said Putrajaya should revoke all identity cards issued in Sabah and issue new ones if it is serious about overcoming the problem of fake MyKad.

NRD ‘corrupted’, racist and ageist

Kitingan’s comments were spurred by two incidents where Sabahans obtained employment as security guards in Kuala Lumpur using false identification documents. This included the security guard who shot dead an Ambank employee at the bank’s branch at Jalan USJ Central 2, Subang Jaya on Oct 23.

Not only did the security guard concerned had access to a fake MyKad to gain employment, he was also allowed to use a firearm without undergoing proper security vetting.

“Prime Minister Najib Tun Razak, Home Minister Ahmad Zahid Hamidi, the NRD and the police are every bit as complicit and guilty as the foreigners holding fake MyKad if they do not investigate the culprits who started this entire mess,” Kitingan had said in a statement.

In Kamala’s case, she deserves a pat on the back for being courageous to question the NRD’s rationale for a DNA test. In the end she could only surmise that the department is deliberately delaying the application for unknown reasons.

“Why would they require us to do a DNA test for a MyKad when my daughter has a valid birth certificate?” Kamala asked.

The NRD’s attack on Kamala and her daughter’s skin colour and the big age gap has revealed the judgemental nature of the country’s government agencies.

In hindsight, the racist behaviour of the Perak NRD is not an isolated case; whether it is a deliberate attack on the Indian community is another matter.

But it brings about a feeling of deja vu of how government officials treat the rakyat, especially the Indians. Someone once complained to me how a Road Transport Department top official stretched his legs on his desk while a woman complainant sat in his office relaying her trouble.

Is it a coincidence or do the government departments have a hidden agenda in victimising the non-Malay communities?

In June, an elderly man who turned up at the Pakatan Rakyat’s Black 505 rally at Padang Merbok ‘slapped’ prime minister Najib Razak.

M Krishnan, 55 was as fed up as he could be with the premier whom he claimed failed to understand the laws enacted that he continued ‘whacking’ Najib’s portrait with his slippers before spitting out the water he drank on the premier’s face.

Krishnan was frustrated and angry with the government agencies, the Kuala Lumpur City Hall for turning a blind eye to his complaints concerning poor conditions of his public housing scheme (PPR) flats and the Social Security Organisation Malaysia (Socso) whom he claimed failed to compensate him in full despite an injury suffered while at work.

Did Najib who has tailored his administration based on the ‘people first performance now’ philosophy take City Hall and Socso to task? Or was he even upset that the quality of life a senior citizen was marred by the incompetence of government agencies?

Govt depts must learn to say ‘sorry’

It came as no surprise when the NRD denied having compelled Kamala to undergo a DNA test.

“NRD has no need for such a test since Kamala is Mahalachume’s biological mother (according to birth certificate),” public relations officer Jainisah Mohd Noor had told FMT.

Doing a complete volte- face, the Perak NRD it seems was prepared to give Kamala’s daughter her MyKad as her mother had furnished all the necessary documents.

A shame that not only does the Perak NRD practice racism among its clients, the department has also proved its unworthiness when it denied having asked the mother and daughter to take the DNA test.

The department can deny all its wants for there is proof that it did hassle Kamala and her child and behave unprofessionally. Buntong assemblyman A Sivasubramaniam claimed he witnessed how the Perak NRD treated Kamala.

“I was the one who brought the family to the NRD department after the latter seized the daughter’s birth certificate in their previous visit.

“However, we managed to get a new birth certificate for Mahalachemi. During the second visit, the deputy director, known as Premah, told the family to undergo a DNA test before applying for MyKad,” he added.

Sivasubramaniam urged the NRD to issue the MyKad immediately as Mahalachemi would be attending secondary school next year.

Little did the NRD think that Kamala would highlight her predicament to the press – when she did, the department developed cold feet and resorted to lying to ‘safe its skin’ instead of having the decency to say ‘sorry’ for disrespecting its client.

NRD violating children’s rights, says lawyer

It interprets the constitution as it likes, alleges Latheefa Koya.

PETALING JAYA: Lawyers for Liberty (LFL) today accused the National Registration Department (NRD) of denying citizenship rights to children by interpreting the Federal Constitution to suit its liking.

The evidence, according to LFL adviser Latheefa Koya, is in its ruling that the citizenship of a child born out of wedlock follows that of its mother’s.

“The NRD does its own interpretation of what it perceives as right under the constitution,” Latheefa said. “By doing this, NRD is denying the rights of the child.”

Latheefa cited Article 14 of the constitution, which states that a person born in Malaysia is a citizen of the country by operation of law if either of its parents is a citizen or permanent resident.

According to the NRD website, however, a child’s citizenship status follows its mother’s if it is born before its parents’ marriage is registered.

But Latheefa said there was nothing in the constitution requiring parents to be married.

She also said NRD could remove doubts about the identity of a child’s father by conducting DNA tests. “If they do this, then it would not be an issue to determine whether the child’s father is Malaysian or not.

“The NRD’s job is to register a person. If something is wrong, they are supposed to investigate.”

Latheefa lashed out at the NRD’s “long history” of displaying a “discriminatory attitude”.

“They have a confused the moral outlook of things. This discriminatory attitude has to be fixed.”

Referring to the recent inquiry in Sabah by a royal commission, she said it revealed that the NRD had given citizenship to people whose reason for being in Malaysia was suspect.

“How come in this instance it could relax its rules but in other cases be overly strict until some had to dig their grandfather’s graves to prove where they came from?” she said.

She alleged that civil servants had lost their objectivity because of brainwashing by the government through National Civics Bureau courses and other means.

Consitutional law expert Syahredzan Johan commented that the citizenship issue was a “classic example” of administrative obstacles getting in the way of constitutional rights.

“The marital status of the parents does not affect citizenship,” he said. “It only affects the legitimacy of the child.

“The only possibility of citizenship being affected by the marital status of the parents is perhaps in trying to prove the parentage for the purpose of establishing that the parent is a Malaysian or a permanent resident.”

Former Suhakam commissioner N Siva Subramaniam said a check with the NRD confirmed that if the parents were not married, a child’s citizenship would follow the mother’s.

“This is the law currently used,” he said. “However, things have changed where we see many Malaysian men marrying foreign women.”

He said some regulations should be reviewed in the light of the demands of human rights.

“We cannot deny the fact that both men and women marry foreigners,” he said. “Thus, the rules and regulations should be revised.

“It doesn’t matter whether it is the mother or father who is a citizen. What matters is the right of the child. Basing citizenship on the mother is a violation of the man’s right.”

Fairer than mother, so no MyKad for daughter

The Perak National Registration Department has told both mother and daughter to undergo a DNA test to prove their kinship.
UPDATED

PETALING JAYA: A 12-year-old girl and her mother in Perak was told by the National Registration Department (NRD) to undergo a DNA test before getting her a MyKad.

The reason; she looked fairer than her mother.

The mother, V Kamala, 60, told Tamil daily Tamil Nesan that the Perak NRD asked her to undergo a maternity test to prove that she is the biological mother of S Mahalachemi, due to the difference in skin complexion.

“I was shocked when the so called officer asked(me) to do maternity test just because we have different skin colour,” she said.

However, Kamala refused to comply on the matter and questioned NRD on the need for the test when they have all the documents required to apply for a MyKad.

She added that the NRD is deliberately delaying the application for unknown reasons.

“Why would they require us to do a DNA test for a MyKad when my daughter has a valid birth certificate?” Kamala asked.

On the wide age gap between her and Mahalachemi, Kamala said that she gave birth to Mahalachemi when she was 47 years old.

Contacted later, Buntong assemblyman A Sivasubramaniam claimed he witnessed how NRD treated Kamala.

“I was the one who brought the family to the NRD department after the latter seized the daughter’s birth certificate in their previous visit.

“However, we managed to get a new birth certificate for Mahalachemi. During the second visit, the deputy director, known as Premah, told the family to undergo a DNA test before applying for MyKad,” he added.

Sivasubramaniam urged the NRD to issue the MyKad immediately as Mahalachemi would be attending secondary school next year.

NRD: No such thing

Meanwhile, NRD public relations officer Jainisah Mohd Noor dismissed Kamala’s accusation, saying NRD never told the latter undergo a DNA test.

“NRD has no need for such a test since Kamala is Mahalachume’s biological mother (according to birth certificate),” she told FMT.

She added that Perak NRD is prepared to give Mahalechume her MyKad as her mother has produced all the necessary documents.

On related matter, Malacca PKR vice chairman G Rajendran urged NRD to conduct a proper investigation on matter.

“Who told Kamala mother to undergo maternity test? This needs to be investigated,” he said, referring to the officer known as Premah, who is a deputy director of NRD at the Ipoh branch.

Sarawak cops: Fake ICs spreading, NRD staff involved

National Registration Department (NRD) staff are among the suspects in a fake identity card (MyKad) syndicate which is now spreading throughout Sarawak, the state police reportedly said.

Berita Harian reported that state police chief Muhammad Sabtu Osman said that an NRD staff member from the peninsula was among three arrested in Miri last Sunday in a raid at a suspected ‘fake MyKad transit house’.

Seized were equipment to make fake MyKads, including stamps belonging to different government agencies, a school and a village chief.

Besides the trio, 34 other individuals have also been nabbed in the anti-fake MyKad crackdown, and are to be charged under the National Registrtation Department Act 1990 and the Immigration Act 1959.

Meanwhile the New Straits Times reported that a fake MyKad costs RM400 in Sabah, while syndicates charge RM2,500 for passage into the country and a fake MyKad for illegal immigrants.

The daily quoted an illegal immigrant who was arrested in a joint operation in Kelana Jaya, Selangor as well as unnamed sources.

It added that the fake MyKads do not have biometric data, leaving holders at risk in the event of checks.

It reported that the Home Ministry is cracking down on this matter following the murder of bank manager Norazita Abu Talib, allegedly by a security guard who, it was claimed, held a fake MyKad.

It also reported that the Peninsula Malaysia Immigration Service Union (KPSIM) yesterday lodged a report with the Malaysian Anti-Corruption Commission following Berita Harian’s report yesterday that Immigration officers collect bribes to release foreigners trafficked into Malaysia.

Kit Siang questions how Ambank guard got MyKad

The Sun Daily

KUALA LUMPUR (Nov 18, 2013): Gelang Patah DAP MP Lim Kit Siang today questioned how the security guard in the AmBank officer murder case received a MyKad which enabled him to work in the bank.

Lim said it is rather disturbing on how the suspect, who is a Sulawesi native, managed to circumvent the country’s security system in securing a MyKad.

“How can this person get a MyKad, and even if the MyKad is fake, how can he be allowed to open up a bank account, receive monthly salary and in fact be given a firearm license by the Home Ministry?

“Did this person also vote in the 13th General Election? Is it because the owner of the security firm is a crony of the ruling party?

“How many foreigners have enjoyed these privileges?” he questioned during his speech at the committee stage of the Budget 2014 debate in Parliament today.

The DAP stalwart also said such system has caused states such as Sabah and Sarawak to lose its sovereignty as it seems so easy for foreigners to obtain a MyKad and take over the economy.

“This directly effects the stability and the nation’s security. This also infringes the rights of the people of Sabah who live in such a rich state but are still poor,” said Lim.

Lim also congratulated the police for arresting the suspect and hopes that justice will be served.

It was reported that the main suspect in the AmBank officer murder case, who was detained on Nov 10 in Kampung Belungkor, Kota Tinggi, Johor, will be charged in court soon.

In the October 23 incident, Norazita Abu Talib, 37, was shot dead by a security guard as she was opening a safe in the bank’s vault, before he escaped with RM450,000 in cash.

On November 11, police found a pump gun believed to be the murder weapon in a drain at Jalan Subang 2, Subang Industrial Park, not far from the bank.

Registration Department staff from Putrajaya nabbed in police bust on IC syndicate in Miri

A National Registration Department (NRD) assistant officer was among dozens arrested by police in Miri as authorities smashed the state's biggest syndicate behind the falsifying of MyKads and birth certificates.

The 57-year-old officer, attached to the NRD office in Putrajaya, is one of the key players in the syndicate, said Sarawak police commissioner Datuk Wira Mohammad Sabtu Osman.

Mohammad said there could be more arrests as police investigation widens.

“We will be hunting members of the syndicate that have escaped arrests,” Mohammad told a press conference today.

Mohammad said police made the arrests on November 16 after a week of surveillance at a residential estate in Desa Pujut in the Kuala Baram district.

He said police found 34 people in the house at a residential estate in Desa Pujut in Kuala Baram – about 12km from Miri town – but detained 23 of them and seized two fake MyKads, 30 copies of "birth certificates", 69 copies of photostated certificates, an "official receipt" and three Sabah "birth certificates".

Police also seized RM3,100 in cash, four USB thumb-drives, three stamp-pads, 10 rubber stamps of various government departments in Sabah, a laptop and a desktop computer.

Of those arrested, most were from Sarawak, while the rest comprised two Bajaus from Sabah; six from Peninsular Malaysia, including the NRD officer; and seven men and three women from the Philippines.

The two Bajaus were arrested for being in possession of fake MyKads while the 10 Filipinos were held to verify the NRD-issued travel documents they held in their possession.

Mohammad said the NRD officer was on leave and he was allegedly overseeing the operation when he was busted.

"The arrest of the Sabahans and foreigners showed that the syndicate had spread its wing to Miri from Sabah."

Mohammad also said police are now trying to find if there is a link between the break-in of the NRD office in Bakong, about 50km from Miri, last week and the busted syndicate.

In the break-in, Mohammad said 35 MyKads awaiting collection and other documents were stolen. - November 18, 2013.

NRD: Many security firms hire foreigners with fake ICs

The National Registration Department has detected several security firms hiring foreigners with fake identity cards.

NRD investigations and enforcement director Wan Zakaria Wan Awang said he was not surprised that foreigners having fake identity cards were found working in security units of banks.

"I believe there are many security personnel with fake identity cards employed in various sensitive sectors," Wan Zakaria is quoted by Utusan Malaysia as saying.

"We even caught one Filipino working as an arms storekeeper with a security firm," he revealed.

The report follows the RM450,000 Ambank robbery and murder of its operational officer Norazita Abu Talib, 37, in Subang Jaya.

It was discovered that the security guard who shot her was a foreigner with a fake IC.

Wan Zakaria said he was uncertain where the foreigners obtained the fake identity cards, as those arrested were caught in various states.

"The largest number of arrests were made in Perak and the Klang Valley. NRD believes the foreigners pay RM500 to get the fake ICs to gain employment here."

He also proposed that security firms verify identity cards by checking fingerprints on them with the NRD.

Banks can also inform the NRD if they suspect the security personnel employed are foreigners, Wan Zakaria added.

Religious councils can determine child’s faith

Faith of a child, however, cannot be determined by the National Registration Department, says a lawyer.

PETALING JAYA: The National Registration Department had no jurisdiction in determining whether a child should be registered as a Muslim or otherwise.
However, it is up to the respective state religious council to determine a child’s faith, if there is an dispute, and the matter must be decided through the Syariah court.

“I agree that the NRD has no jurisdiction. It is for the state Islamic council to decide, if one of the parent is a Muslim. Just because the parent is not practicing the faith does not make her less Muslim,” prominent lawyer Haniff Khatri Abdullah said.

He was commenting on a case in Kota Kinabalu where the High Court allowed a non Muslim father, Phuong Hiung Woei to state his son’s faith as Buddhist without documentation.

Judge Chew Soo Ho, who presided the case, ruled that the faith of a child under the age of 18 should to be determined by the parent.

Phuong is married to one Zeliha Bt Abd Karim and they have a son Phuong Jian Cheng.

The NRD had issued a birth certificate for Jian Cheng stating the child’s faith as Buddhist. The Department subsequently issued another birth certificate that states Jian Cheng as Muslim.

Commenting on this matter, Haniff said Muslims had a communal responsibility that they cannot shy away from.

“This is why the Syariah courts should open up and resolve disputes,” he said, adding that both parents have rights under Islam, even if one is Muslim and the other is not.

“The Syariah officers should go out and explain to Muslims and non-Muslims alike that Islam also gives equal rights to non-Muslims,” he said.

This, he said was important in settling overlapping claims involving one Muslim and a non-Muslim parent.

Meanwhile when asked on the recent spate of cow slaughtering cases in schools, in conjunction with Hari Raya Haji, Haniff said it would be best to limit the practice to Islamic religious schools.

“Offering an animal to be slaughtered is an integral part of the religion. However it does not need to be limited to beef.

“In the spirit of mutual respect for our Hindu brothers, the slaughtering should be confined to Islamic religious schools,” he said.

He said this in relations to two cases of schools slaughtering cows in conjunction with the Aidiladha celebrations on Tuesday.

One case was reported in Puchong and another in Bangi. The incidents caused unease among Hindu parents and school children.

Cows are considered sacred in the Hindu faith.

Anwar: Mahathir not entirely to blame for Project IC