Joe Fernandez | Nov 4, 08 4:29pm

A Sabah senior citizen made good on her pledge to take on the National Registration Department (NRD) when she filed a suit against the department and the government at the Kota Kinabalu High Court this morning.

Yong Lee Hua @ Piang Lin, 78, was assisted by former PBS supreme council member Dr Chong Eng Leong (right). He had quit the party after it rejoined the ruling Barisan Nasional coalition and took a softer line on the issue of 'fake' identity cards (ICs) and the state's burgeoning illegal immigrant problem.

Yong had been given the run around by the state NRD after she lost her MyKad to a pickpocket on Feb 12 last year at a supermarket in Penampang, in the suburbs of Kota Kinabalu. As a replacement, the NRD had issued her the MyPR card (for permanent residents).

In her suit, Yong claimed that the state NRD had told her in all seriousness that senior citizens who lose their MyKad are given MyPR card instead.

Subsequently, she was advised by the state NRD to "apply" for her citizenship, which she did on July 2 last year.

She eventually got her MyKad last month after she went public with her dilemma and Home Minister Syed Hamid Albar (left) took an interest in her case. The state NRD director was also replaced.

The minister told the press at that time that the state NRD had detected some "flaws" in her old blue IC, which had an asterisk against the word warganegara (citizen), indicating she did not have a birth certificate.

In her quest to be issued the MyKad, Yong had the support of Assistant State Minister Donald Peter Mojuntin, who heads Upko's Citizenship and Security Bureau.

Declarations sought

Among others, Yong is seeking a declaration from the court that:

1.  There is no provision in the federal constitution whereby the plaintiff who is a citizen can be deprived of her citizenship just because she lost her identification card; and

2. There is no provision in the federal constitution to allow the state NRD to replace her lost MyKad with a permanent resident ID card because of her age.

Yong further argued that there was no necessity for her to apply for citizenship as under Article 14(1)(a) of the constitution, she is a citizen.

She said the state NRD should have issued a replacement of her MyKad under section 13(1) and (3) of the National Registration Regulations 1990.

The issuance of the permanent resident IC was intended to deprive her of her Malaysian citizenship, she argued, and as such the state NRD's conduct was "illegal".

Yong claimed she had suffered great anxiety and distress and suffered loss and damages as a result, and asked for unspecified damages as deemed fit by the court.

Citing some examples of what she went through, she said:
- she had to cancel a trip to Jakarta on her Sept 13, 2008;

her banks accounts were frozen;

- she could not pay the medical expenses of her husband when he fell sick in March and was admitted to hospital;

- she was unable to withdraw money from her bank accounts when her husband died and therefore had to borrow money to cover the medical and funeral expenses;

- she had incurred travelling expenses to the NRD;

- her friends became suspicious of her status as a citizen; and

- her health had deteriorated and she required medical attention.

'Native of Sabah'

Chong said Yong still has an asterisk on her new MyKad, which indicates she does not have a birth certificate.

"According to the North Borneo Registration of Births and Deaths 1953, which was declared a federal law in 1965, every person born in Sabah should possess a birth certificate. There is provision for late registration," said Chong who has made a detailed study of the relevant laws.

"When Yong wanted to apply for late registration of birth before, she was told that she was too old."

Yong, who was born on Feb 5, 1930 at Kampung Mahandoi, Penampang, is a native of Sabah. She was also issued a legitimate IC card "on or about 1963".

The Malaysia Agreement categorically states: "Persons born in North Borneo (Sabah) or naturalised, or registered as born in Sabah as citizens of the United Kingdom and colonies who are ordinarily residents in Sabah, Sarawak, Brunei, Singapore on Malaysia Day will become citizens of Malaysia by operation of law.

"Persons over 18 ordinarily resident in Sabah on Malaysia Day, who do not become citizens by operation of law will be entitled to be registered as citizens, subject to certain conditions, if they have resided before or after Malaysia Day for a period amounting to seven out of 10 years. After Malaysia Day, persons born in Sabah will be citizens of Malaysia or permanent residents."