Report of the Commission of Enquiry, North Borneo and Sarawak, 1962/APPENDIX D

by Commission of Enquiry in North Borneo and Sarawak Regarding Malaysian Federation

 

APPENDIX D

LEGAL MEANING OF THE TERM "NATIVE"

1. Sarawak (Extract from the Interpretation Ordinance, 1953)

"......'native' means a British subject of any race which is now considered to be indigenous to Sarawak as set out in the Schedule:

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Schedule
(Section 3)

Races which are now considered to be indigenous to Sarawak and therefore natives within the meaning of this Ordinance:

Bukitans

Bisayahs

Dusuns

Dayaks (Sea)

Dayaks (Land)

Kadayans

Kalabits

Kayans

Kenyahs (including Sabups and Sipengs)

Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs, and Kanowits)

Lugats

Lisums

Malays

Melanos

Muruts

Penans

Sians

Tagals

Ukits

And any admixture of the above with each other.

2. North Borneo (Extract from the Interpretation (Definition of Native) Ordinance 1952, as amended by the Interpretation (Definition of Native) (Amendment) Ordinance, 1958)

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2.—(1) Wherever the word 'native', used as a substantive, occurs in any written law in force at the commencement of this Ordinance, other than the Ordinances set out in the Schedule to this Ordinance, or in any written law coming into force after the commencement of this Ordinance, unless expressly otherwise enacted therein, it shall mean either—

(a) any person both of whose parents are or were members of the people indigenous to the Colony; or

(b) any person ordinarily resident in the Colony and being and living as a member of a native community, one at least of whose parents or ancestors is or was a native within the meaning of paragraph (a) hereof; or

(c) any person who is ordinarily resident in the Colony, is a member of the Suluk, Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the Colony of Sarawak or the State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in the Colony is not limited under any of the provisions of the Immigration Ordinance;

Provided that if one of such person's parents is or was a member of any such people and either lives or if deceased is buried or reputed to be buried in the Colony, then the qualifying period shall be reduced to two years.

(d) any person who is ordinarily resident in the Colony, is a member of a people indigenous to Indonesia or the Sulu group of islands in the Philippine Archipelago or the Federation of Malaya or the Colony of Singapore, has lived and been a member of a native community for continuous period of five years immediately preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in the Colony is not limited under any of the provisions of the Immigration Ordinance.

No claim by any person to be a native by virtue of the provisions of paragraphs (b), (c) or (d) hereof shall be recognised as valid unless supported by an appropriate declaration made a Native Court under Section 3."

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