Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex A/Third Schedule

by the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

THIRD SCHEDULE
CITIZENSHIP (AMENDMENT OF SECOND SCHEDULE TO CONSTITUTION)
PART I
Citizenship by Operation of Law of Persons born before Malaysia Day, other than Singapore Citizens

1. (1) Subject to the provisions of Part III of this Constitution and anything done thereunder before Malaysia Day, the following persons born before Malaysia Day are citizens by operation of law, that is to say:

(a) every person who immediately before Merdeka Day, was a citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement, 1948, whether by operation of law or otherwise ;

(b) every person born within the Federation on or after Merdeka Day, and before October, 1962 ;

(c) every person born within the Federation after September, 1962, of whose parents one at least was at the time of the birth either a citizen or permanently resident in the Federation, or who was not born a citizen of any other country ;

(d) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of his birth and either was born in the Federation or was at the time of the birth in service under the Government of the Federation or of a State ;

(e) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of the birth if the birth was, or is, within one year of its occurrence or within such longer period as in any particular case was or is allowed by the Federal Government, registered at a consulate of the Federation or, if it occurred in Singapore, Sarawak, Brunei or North Borneo, registered with the Federal Government.

2. Subject to the provisions of Part III of this Constitution, a person ordinarily resident in a Borneo State or in Brunei on Malaysia Day is a citizen by operation of law if he was immediately before that day a citizen of the United Kingdom and Colonies, and either—

(a) was born in the territories comprised in the Borneo States ; or

(b) became such a citizen by registration in those territories or by or in consequence of naturalisation there.

PART II
Citizenship by Operation of Law of Persons born on or after Malaysia Day, other than Singapore Citizens

1. Subject to the provisions of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:

(a) every person born within the Federation outside Singapore of whose parents one at least is at the time of the birth either a citizen, but not a Singapore citizen, or permanently resident in the Federation ; and

(b) every person born outside the Federation whose father is at the time of the birth a citizen, but not a Singapore citizen, and either was born in the Federation or is at the time of the birth in the service of the Federation or of a State ; and

(c) every person born outside the Federation whose father is at the time of the birth a citizen, but not a Singapore citizen, and whose birth is, within one year of its occurrence or within such longer period as the Federal Government may in any particular case allow, registered at a consulate of the Federation or, if it occurs in Brunei or in a territory prescribed for this purpose by order of the Yang di-Pertuan Agong, registered with the Federal Government ; and

(d) every person born in Singapore of whose parents one at least is at the time of the birth a citizen, but not a Singapore citizen, and who is not born a citizen otherwise than by virtue of this paragraph ; and

(e) every person born within the Federation outside Singapore who is not born a citizen of any country otherwise than by virtue of this paragraph.

2. (1) A person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a citizen, possesses such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong, or if his father is then an enemy alien and the birth occurs in a place under the occupation of the enemy.

(2) In section 1 the reference in paragraph (b) to a person having been born in the Federation includes his having been born before Malaysia Day in the territories comprised in the Borneo States or Singapore.

(3) For the purposes of paragraph (e) of section 1 a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to paragraph (c) of that section or otherwise.

PART III
Additional Sections as to Citizenship by Operation of Law

19A. For the purposes of Part I or II of this Schedule a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that country.

19B. For the purposes of Part I or II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there ; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.

19C. For the purposes of Part I or II of this Schedule a person shall be treated as having been at any time permanently resident in the Federation if, but only if, he was then resident in the Federation and either—

(a) he then had permission, granted without limit of time under any federal law, to reside there ; or

(b) it is certified by the Federal Government that he is to be treated for those purposes as a permanent resident in the Federation.

PART IV
Miscellaneous Amendments of Supplementary Provisions

1. At the end of section 4 (which enables the Minister to delegate among other things certain functions preliminary to the making of an order under Article 26) there shall be added as sub-sections (2) and (3)—

" (2) The Minister may also, with the consent of the Governor of the State, delegate to an authority of a Borneo State or or Singapore (subject or not to conditions providing for an appeal from that authority to the Minister) any of the Minister's functions under Clause (6) of Article 28A which are not required to be delegated by Clause (7) of that Article.

(3) Sub-section (1) shall apply to enrolments under Clause (2) of Article 19A as it applies to citizenship by registration, and to the cancellation under Clause (4) of Article 19A of an enrolment under that Article as it applies to an order under Article 26."

2. For section 7 there shall be substituted—

" 7. Any power of the Federal Government to extend, for purposes of Part III of this Constitution, the period for registering a birth at a consulate of the Federation may be exercised either before or after the registration has been effected".

3. (1) In section 10, in sub-section (1), before the words " Article 30 " there shall be inserted the words " Clause (1) of ", and for paragraph (e) there shall be substituted—

" (e) a register of persons enrolled under Article 19A as citizens who are not Singapore citizens ;

(f) an alphabetical index of all persons referred to in paragraphs (a) to (e)."

(2) In section 10, for sub-section (2), there shall be substituted—

" (2) References in this section to citizens by registration or by naturalisation shall be construed in accordance with Articles 28 and 28A as if this section were included among the provisions to which those Articles apply, except that 'citizen by registration' does not include any Singapore citizen."

4. In section 16 (which makes it an offence among other things to forge or misuse a certificate) for sub-section (2) there shall be substituted—

" (2) In this section ' certificate ' means any certificate of the following descriptions issued under Part III of this Constitution or under the Constitution of the State of Singapore or any previous law relating to citizenship of Singapore, that is to say,—

(a) any certificate of registration or of naturalisation as a citizen ; and

(b) any certificate of a registration effected at a consulate of the Federation or elsewhere outside the Federation ; and

(c) any such certificate as is mentioned in Article 30."

5. For section 17 there shall be substituted—

" 17. For purposes of Part III of this Constitution references to a person's father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this Schedule shall not apply to such a person."

6. In section 18 before the words " Article 15 " there shall be inserted the words " Clause (3) of ", and for the words " that Article and this Schedule" there shall be substituted the words "that Clause and section 9 of this Part of this Schedule ".

7. At the end of section 19 there shall be added—

"This section shall have effect in relation to Malaysia Day as it has effect in relation to Merdeka Day."

8. At the end of section 20 there shall be added—

" (4) This section shall apply in relation to any part of the Federation and the territories comprised in that part before Malaysia Day as it applies in relation to the Federation as a whole, and the reference in sub-section (1) (d) to the service of a State shall include, in relation to those territories, the service of any government having jurisdiction therein before Malaysia Day ; and in relation to Malaysia Day or any later day sub-section (3) shall apply as if the territories comprised in the Borneo States or Singapore had at all times formed part of the Federation."

9. In section 21 for the words " Malayan consulate " there shall be substituted the words "consulate of the Federation".

10. There shall be omitted in section 4 the words "or this Schedule", and in section 6 the words " and this Schedule " ; and after section 21 there shall be added as a new section 22—

" 22. Except in so far as the context otherwise requires, references in this Schedule to Part III of this Constitution are to be read as including references to this Schedule."