Page:Agreement relating to Malaysia (1963).djvu/179

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1970
Nations Unies — Recueil des Traités
185

class of persons, or to do so only for a specified period or on specified terms and conditions; or

(b) restricting the making of endorsements on a Permit, Pass or Certificate or any description thereof; or
(c) requiring him to exercise any discretion vested in him to cancel any Permit, Pass or Certificate issued to a specified person, or to deem a specified person to be an undesirable immigrant, or to declare that a specified person's presence in the Borneo State is unlawful, or to order a specified person's removal from the State.
(2) Where the Controller takes any action in obedience or purported obedience to any directions given under sub-section (1), and there is an appeal to the Minister against that action, the Minister shall not allow the appeal without the concurrence of the State authority.
(3) An order under section 55 (exemptions) of the Immigration Ordinance, 1959 shall not have effect for the purposes of the Ordinance as a special law for a Borneo State, except in so far as its provisions are by the same or a subsequent order applied to those purposes with the concurrence of the State authority.

Restriction of citizen's right of entry into Borneo State. 6. (1) Subject to subsection (2) and to sections 7 and 8, a citizen of the Federation sha11 not entitled to enter a Borneo State without having obtained a Permit or Pass in that behalf unless—

(a) he belongs to the Borneo State; or
(b) he is a member of the Federal Government, or of the Executive Council or Legislative Assembly of the Borneo State (or of any Council having similar functions in the State); or
(c) he is a judge of the Federal Court or of the High Court in Borneo, or is a person designated or nominated to act as such, or he is a member of any Commission or Council established by the Federal Constitution or by the constitution of the Borneo State; or
(d) he is a member of any of the public services of the Federation, or of the public service of the Borneo State, or of a joint public service serving the Borneo State, or is seconded to any such service.
(2) Where a citizen of the Federation is entitled to enter the Borneo State under sub-section (1), the citizen's children under the age of eighteen years and (if he is a man) his wife, if entering the Borneo State with, or to be with, the citizen, shall not be required by subsection (1) to obtain a Permit or Pass in that behalf.

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