Person Absent
30. However, subject to paragraph 33, no person shall become a citizen of the Federation of Malaysia on the appointed day who has been absent from the territories comprising the Federation of Malaysia for a period of seven years upwards immediately prior to the appointed day.
Position of British Subjects not Permanently Resident
31. A British subject born before that day in either Sarawak or North Borneo, whose father was himself born in the same territory or was a permanent resident of the territory concerned, will also be entitled to Federal citizenship. The word "father referred to means father by blood but not by adoption of a child.
Permanent Residence
32. A suggestion was made that a person shall be deemed to be "permanently resident" in a territory who has completed a continuous period of 15 years residence in that territory. This presumption would not of course exclude persons who have not completed the specified period from establishing permanent residence. The period it is felt, would be a matter for consideration by the Commission of Enquiry.
Continuity of Residence
33. In calculating the period of residence, periods of absence which are not incon- sistent with essential continuity of residence should not be taken into account. The Comminee appreciates that the question of "permanent residence" is a judicial matter and acknowledges the fact that in practice it is subject to a liberal interpretation which would prevent any miscarriage of justice in cases where a citizen lives abroad but maintains substantial connexion with his home in the territory concerned.
Citizenship by Registration, etc.
34. The Committee is generally satisfied with the proposal that the provisions of the present Federal Constitution mutatis mutandis will apply after merger to citizen- ship by operation of law, registration or naturalisation. Some transitional arrange- ments might be desirable in regard to citizenship by registration.
Arrangement for Persons Born during Brooke and Chartered Company Régimes
35. The attention of the Committee was drawn to the fact that Sarawak became a colony only on the 1st July, 1946, while North Borneo was transferred from the Chartered Company on the 15th July in the same year. Before those dates the people did not have the status of British subjects. The Committee therefore accepts the arrangement that a person who would have been a British subject if the territory in which he was born had been a British Colony, in the case of Sarawak from the commencement of the Brooke régime, or, in the case of North Borneo, from the date of the commencement of the Chartered Company régime, will be regarded as a British subject. This formula would obviate any future difficulties relating to this very important and complex subject.
Position of Indigenous Peoples
36. It is acceptable to the Committee that on the creation of Malaysia the indigenous peoples of the Borneo territories should be placed in the same position as the Malays under the present Constitution of the Federation of Malaya. They are the "founder citizens and to place them in a position different from that of Malays from the constitutional point of view would only create anomalies. The special provision in the present Federation of Malaya Constitution relating to Malays should be extended to the indigenous peoples of the Borneo territories so that they would equally share whatever advantages might be derived therefrom. These provisions relate to the reservation of such proportion as may be deemed reasonable of positions in the public service. scholarships and other similar educational or training programmes and special facilities relating to trade or business in order that they may be able to take their rightful places along with the other communities.
Legitimate Interests of Others Safeguarded
37. The Committee is satisfied with the guarantee in the existing Constitution of the Federation of Malaya that the rights and legitimate interests of the other com- munities in the Federation of Malaysia will adequately be safeguarded.
