Case:

Brief Facts:

• The Plaintiff’s (“Chris Jeremy”) biological father and mother were divorced when he was four years old and since then Chris Jeremy lived with his mother.
  
  
• His mother subsequently remarried and his stepfather moved in and lived with his mother and him.
  
  
• Chris Jeremy, who was affected, as a child, by the abovementioned divorce, received love and affection from his stepfather who treated him like his own son.
  
  
• Chris Jeremy had renounced his father’s name and rejected any inheritance from his father and had taken his stepfather’s name, ‘Ser’ as his surname to make the stepfather feel inclusive as a family.
  
  
• In light of the above, Chris Jeremy applied under reg. 14 of the National Registration Regulations 1990 (‘1990 Regulations’) for a change of name to show that he goes by the name Chris Jeremy Ser Zhe Ahn.
  
  
• The application was refused and no reasons were given by the National Registration Department (“NRD”) for refusing the application.
  
  
• Dissatisfied with the outcome, Chris Jeremy filed an application in the High Court (“HC”) for a declaration that his name in his identity card be changed from Chris Jeremy Lai Zhe Ahn to Chris Jeremy Ser Zhe Ahn.
  
  
• However, once the application was filed in the HC, the legal advisor of the NRD filed an affidavit in reply where the reasons for the refusal of the application appeared to be stated there. Amongst others, it was stated that:

1. With respect to Section 13A Births and Deaths Registration Act 1957, any surname, which is to be registered must be of the biological father’s name; and 
   
   
2. the NRD reasonably believes that the application by Chris Jeremy is not permissible by virtue of Births and Deaths Registration Act 1957.

THE DECISION OF HIGH COURT (HC)

• The HC granted the declaration sought and Chris Jeremy was allowed to change his name in accordance with the 1990 Regulations.
  
  
• The HC held that Chris Jeremy was not applying to change his particulars of his birth certificate, as such S. 13A of the Births and Deaths Registration Act 1957 or any other section therein is not relevant.
  
  
• The HC asserted that the identity card of a citizen is governed by the National Registration Act 1959.
  
  
• The HC affirmed that the law provides that if a citizen is seeking to register his change of name, such application can be made pursuant to reg. 14 of the 1990 Regulations. As such, Chris Jeremy is entitled for the same.
  
  
• The HC further asserted that the function of NRD is purely administrative and only compliance of the regulations is required.
  
  
• There is no discretion or power vested upon them to refuse such application unless the change in name applied is illegal or prohibited by the 1990 Regulations.
  
  
• So long as all the requirement of 1990 Regulations are met, NRD has to give effect to the change in name sought by the applicants.