PETALING JAYA: The government has appealed the High Court's ruling that children born overseas to Malaysian mothers and foreign fathers must be automatically conferred citizenship.

       Lawyer Datuk Gurdial Singh Nijar said that they had been served a copy of the Attorney General's Chambers (AGC) notice of appeal.

       "Yes, they have filed the notice of appeal," Gurdial told Malaysiakini on Monday (Sept 14).

       On Dec 18 last year, president of Family Frontiers Suri Kempe and six Malaysian women filed a suit seeking six specific court orders, including a declaration that Section 1(b) and Section 1(c) be read harmoniously with Article 8(2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.

       The group sought, among others, a court order for all relevant government agencies including the National Registration Department, the Immigration Department and Malaysian embassies to issue citizenship documents (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.

       In a landmark ruling on Thursday (Sept 9), the High Court ruled that Malaysian mothers with foreign spouses could automatically pass on their citizenship to their children born outside Malaysia.

       The Court ruled that Article 4(1)(b) of the Federal Constitution together with the Second Schedule, Part II, Section 1(b), pertaining to citizenship rights, must be read in harmony with Article 8(2), which prohibits discrimination on the basis of gender.

       High Court judge Akhtar Tahir ruled the word 'father' must therefore be read to include mothers, and that their children are entitled to citizenship by operation of law.