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

1. The functions of the Government under Part III of the Constitution shall be exercised by such Minister as the Yang di-Pertuan Negara may from time to time direct and references in this Schedule to the Minister shall be construed accordingly.

2. A decision of the Government under Part III of the Constitution shall not be subject to appeal or review in any court.

3. The Minister may delegate to any public officer of the Government any of his functions under Part III of the Constitution or this Schedule relating to citizenship by registration and enrolment and the keeping of registers and, in relation to orders under Article 61 or Article 62 of the Constitution any of his functions under Article 63 of the Constitution prior to determining whether to make such an order; but any person aggrieved by the decision of a person to whom the functions of the Minister are so delegated may appeal to the Minister.

4. The Minister may make rules and prescribe forms for the purpose of the exercise of his functions under Part III of the Constitution and of this Schedule.

5. The power of the Government under Articles 55 and 69 of the Constitution to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected.

6. Any notice to be given by the Minister to any person under clause (1) of Article 63 of the Constitution may be sent to that person at his last known address or, in the case of a person under the age of twenty-one years (not being a married woman) to his parent or guardian at the last known address of the parent or guardian ; and if an address at which the notice may be sent to any person under this paragraph is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.

7. It shall be the duty of the Minister to compile and maintain—

(a) a register of citizens of Singapore by registration;

(b) a register of citizens of Singapore by naturalization whether under the provisions of the Singapore Citizenship Ordinance or the Federal Constitution;

(c) a register of persons to whom certificates of citizenship of Singapore have been issued under Article 66 of the Constitution, or under Article 39 of the Federal Constitution;

(d) a register of persons who have been deprived or deemed to have been deprived of citizenship under any provision of Part III of the Constitution;

(e) a register of citizens of Singapore who have renounced citizenship under the provisions of the Singapore Citizenship Ordinance, 1957, or the Federal Constitution;

(f) a register of persons enrolled under the provisions of the Constitution;

(g) a register of persons whose enrolment has been cancelled under the provisions of the Constitution;

(h) an alphabetical index of all persons referred to in the preceding paragraphs of this section.

8. If the Minister has reason to believe that an error appears in any register compiled under section 7 of this Schedule he shall after giving notice to the persons concerned and after considering such representations from him as he may choose to make, make such alteration on the register as appears to the Minister to be necessary to correct the error.

9. Subject to section 8 of this Schedule, the said register shall be conclusive evidence of the matters therein contained.

10.—(1) It shall be an offence punishable with imprisonment for two years or a fine of one thousand dollars or both for any person—

(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any application under Part III of the Constitution;

(b) to forge or without lawful authority, alter any certificate or without any lawful authority use or have in his possession any certificate which has been so forged or altered;

(c) to fail to comply with any requirement imposed upon him by any rules made under section 4 of this Schedule with respect to the delivering up of certificates;

(d) to personate or falsely represent himself to be or not to be a person to whom a certificate has been duly issued.

(2) In this section certificate means—

(a) any certificate of enrolment or registration as a citizen granted under Article 56, 57 or 58 of the Constitution;

(b) any certificate of registration of birth granted under Article 55 or 69 of the Constitution;

(c) any certificate of registration or naturalization granted under the provisions of the Singapore Citizenship Ordinance, 1957;

(d) any certificate of citizenship issued under the Singapore Citizenship Ordinance or Article 66 of the Constitution.

Persons born on ships or aircraft. 11. For the purposes of Part III of the Constitution, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

Posthumous persons. 12. Any reference in Part III of the Constitution to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the death of the father; and where that death occurred before and the birth occurs on or after the date of the coming into operation of the Constitution the status or description which would have been applicable to the father had he died after the date of such coming into operation shall be deemed to be the status or description applicable to him at the time of his death.

Foundlings. 13. Any new born child found exposed in the State of unknown and unascertainable parentage, shall until the contrary is proved, be deemed to be a citizen of Singapore by birth; and the date of finding shall be taken to be the date of birth of such child.

Citizenship at birth. 14. For the purposes of Part III of the Constitution, 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 the proviso to clause (1) of Article 55 of the Constitution or otherwise.

Illegitimate children and adopted children. 15.—(1) For the purposes of Part III of the Constitution, references to a person's father or to his parent or to one of his parents shall in relation to a person who is illegitimate be construed as references to his mother and accordingly section 12 of this Schedule shall not apply to such a person.

(2) In relation to an adopted child who has been adopted by an order of a court in accordance with the provisions of any law in force in the State or in any other part of the Federation or whose adoption has been registered under any written law in force in the Federation, references to a person's father or to his parent or to one of his parents shall be construed as references to the adopter.

Permanent residence. 16.—(1) For the purposes of paragraph (c) of clause (2) of Article 54 of the Constitution a person shall be treated as having been at any time a permanent 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 Government of the Federation that he is to be treated for the purposes of the said paragraph (c) of 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.