UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380 DISCUSSION The Absence of Law and Policy Pertaining to Stateless People and Children in Malaysia This article has amply illustrated that in Malaysia the interpretation of stateless children and stateless people seemed to be obscure and vague. Malaysia does not have any specific law on stateless children. However, the judiciary in Malaysia has referred to the provisions in the Federal Constitution (hereinafter cited as FC), particularly Article 14 (1) (b), Article 15A, and Part II of the Second Schedule of the FC in cases involving children who are at risk of statelessness or being undocumented are at risk of being perpetually stateless. Article 14: Citizenship by Operation of Law 14. (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: (a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in Part I of the Second Schedule; and (b) every person born on or after Malaysia Day, and having any of the qualifications specified in Part II of the Second Schedule. The application of Article 14 of the FC can assist stateless children if their representatives seek application for citizenship. However, this is subject to the National Registration Department (NRD), which will exercise its discretion to approve and recognize the rights of children to citizenship by operation of law under the FC. As such, stateless children often rely on the Malaysian court process for the recognition of their rights to Malaysian citizenship24. Article 14(1) (a) and (b) read with the 2nd Schedule Part 1(a) and (b) of the FC will provide the right to citizenship by operation of law. In Malaysia, in the absence of proof of legal marriage in the country, a child born to a Malaysian father will not be able to acquire automatic 24 SUHAKAM. (2021). Stateless Children. https://suhakam.org.my/portfolio/ stateless-children/. Retrieved date: 14.3.2021. 365