clause (2) of Article 54 of the Constitution as a permanent resident in the Federation.
- (2) A certificate of the Government of the Federation that a person is or was excluded from the application of paragraph (c) of clause (2) of Article 54 of the Constitution by the proviso to that clause shall be conclusive evidence of the matter certified.
Periods of absence to be treated as periods of residence. 17. In calculating for the purposes of Part III of the Constitution a period of residence in the State—
- (a) a period of absence from the State of less than six months in the aggregate; and
- (b) a period of absence from the State exceeding six months in the aggregate for any cause generally or specially approved by the Government; and
- (c) a period of absence from the State while the person is in any part of the Federation,
may be treated as residence in the State and a person shall be deemed to be resident in the State on a particular day if he had been resident in the State before that day and that day is included in any such period of absence as aforesaid.
Certain period of residence not to be taken into account. 18. In calculating for the purposes of Part III of the Constitution any period of residence in the State no account shall be taken—
- (a) of any period of residence in the State whilst a person was or was the member of the family of—
- (i) a person recruited outside the Federation serving on full pay in any naval, military or air force other than the naval, military or air force of the Federation;
- (ii) a person recruited outside the Federation serving in a civil capacity in any department of any Government operating in the State other than a department of the Government or of the Government of the Federation; or
- (b) of any period during which a person was not lawfully resident in the State;
- (c) of any period spent as an inmate of any prison or as a person detained in lawful custody in any other place other than a mental hospital or opium treatment centre under the provisions of any written law of the State;
- (d) save with the consent of the Minister, of any period during which a person is allowed to remain temporarily in the State under the authority of any Pass issued under the provisions of any written law of the State or of any other part of the
Federation relating to immigration.
Discretion of the Minister. 19.—(1) The Minister shall not be required to assign any reason for the grant or refusal of any application under Part III of the Constitution the decision on which is at his discretion and the decision of the Minister on any such application shall be final.
- (2) Before refusing such an application the Minister shall refer the case to an advisory committee consisting of three persons appointed for the purpose, either generally or specially, by the Yang di-Pertuan Negara and in making his decision shall have regard to any report made to him by the advisory committee.
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