Semua Seksyen

Selangor Nationality Enactment 1952

Seksyen

12

Tajuk

Saving of Obligations Incurred Before Loss of National Status
12

Where a subject of the Ruler ceases to be a subject of the Ruler, he shall not thereby be discharged from any obligations, duty or liability in respect of any act done before he ceased to be a subject of the Ruler.

Seksyen

13

Tajuk

Discretion of the Ruler
13

The Ruler shall not be required to assign any reason for the grant or refusal of any application under this Enactment, the decision on which is at his discretion; and the decision of the Ruler on any such application shall not be subject to appeal to or review in any court.

Seksyen

14

Tajuk

Birth on Ship
14 [1]

Birth on board a ship registered in the State shall be deemed to be birth in the State.

14 [2]

A person born on a foreign ship shall not be deemed to have been born in the State by reason only of the fact that the ship was in the territorial waters of the State at the time of his birth.

Seksyen

15

Tajuk

Evidence
15 [1]

Every document purporting to be a notice, certificate, order or declaration, or any entry in a register, or a subscription of an oath, given, granted or made under this Enactment shall be received in evidence, and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.

15 [2]

Prima facie evidence of any such document as aforesaid may be given by production of a document purporting to be certified as a true copy thereof by such person and in such manner as may be prescribed.

Seksyen

16

Tajuk

Offences
16

Any person who, for the purpose of procuring anything to be done or not to be done under this Enactment, makes any statement which he knows to be false in any material particular, or recklessly makes any statement which is false in any material particular, shall be liable, on conviction, to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

Seksyen

17

Tajuk

Power of Ruler in Council to Make Regulations
17

The Ruler in Council may by regulations make provision generally for carrying into effect the purposes of this Enactment, and in particular –

(a) for prescribing anything which under this Enactment may be prescribed;

(b) for the registration of anything required or authorised under this Enactment to be registered;

(c) for prescribing forms of declaration, for the administration and taking of oaths, for the time within which such oaths shall be taken and for the registration of such oaths;

(d) for the giving of any notice required or authorised to be given to any person under this Enactment;

(e) for the procedure to be followed by persons applying for registration or for certificates of naturalisation under this Enactment, the evidence to be required from such persons as to their qualifications for the status of a subject of the Ruler, including evidence of ability to speak the Malay or English language with reasonable proficiency and for imposing penalties for requiring any consideration for supplying any reference that may be required by any prescribed form;

(f) for the issue of certified copies of documents made, and extracts from registers kept, under this Enactment, for the cancellation and amendment of entries in a register and of certificates and of certified copies of entries in a register and of certificates prepared under this Enactment and relating to persons who lose the status of a subject of the Ruler under this Enactment, and for requiring such documents to be delivered up for those purposes;

(g) for the imposition and recovery of fees in respect of any application made under this Enactment or in respect of any registration, or the making of any declaration, or the grant of any certificates, or the taking of any oath, authorised to be made, granted or taken by or under this Enactment, and in respect of supplying a certified or other copy of any notice, certificate, order, declaration or entry given, granted or made as aforesaid; and for the application of any such fees;

(h) for the issue of certificates that a person has produced prima facie proof that he is a subject of the Ruler by operation of law;

(i) for the delegation  of any of the power conferred by this Enactment;

(j) for the practice and procedure to be followed in connection with references under this Enactment to a committee of inquiry; and, in particular for conferring on any such committee any powers, rights or privileges of any court, and for enabling any powers so conferred to be exercised by one or more members of the committee; and

(k) for prescribing penalties, not exceeding two thousand dollars, for the breach of any of the provisions of such regulations.

Seksyen

18

Tajuk

Repeal
18

The Naturalisation Enactment, in its application to the State of Selangor, is hereby repealed.

Seksyen

1

Tajuk

Short Title and Commencement
1

This Enactment may be cited as the Selangor Mationality Enactment, 1952, and shall come into force on such date as His Highness the Rules may, by notification in the Gazette, prescribe.

Seksyen

2

Tajuk

Interpretation
2 [1]

In this Enactment, unless the context other-wise requires –

“child” includes any child whose adoption has registered in accordance xeith any written laW lR been force in  the  Federation of  Malaya;

“citizen of the Federation of Malaya” means a citizen of the Federation of Malaya by virtue of the provisions of Part XII of the Federation of Malaya Agreement, 1948;

“citizen of the United Kingdom and Colonies” means a person who is a citizen of the United Kingdom and Colonies under the British Nationality Act, 1948;

“Federation of Malaya”, in respect of any period prior to the first day of February, 1948, means any of the territories now comprised in the Federation of Malaya;

“Malay” means a person who –

a) habitually speaks the Malay language; and

b) professes the Muslim religion; and

c) conforms to Malay custom;

   “minor” means a person who has not attained the age of eighteen years reckoned according to the Gregorian calendar;

“the prescribed date” means the date prescribed by His Highness the Ruler under section 1 of this Enactment for the coming into force of this Enactment;

“the State” means the State of Selangor.

 

2 [2]

A person shall for the purposes of this Enactment be of full capacity if he has attained the age of eighteen reckoned according to the Gregorian calendar and is of sound  mind.

2 [3]

For the purposes of this Enactment, any reference therein to a woman who is, or has been, married shall be deemed to refer only to a woman whose marriage has been registered in accordance with any written law in force in the Federation of Malaya.

2 [4]

There shall be one or more Language Boards each of which shall consist of three members, one of whom shall be Chairman, appointed by the Ruler in Council; one member shall, where possible, be of the same community as the applicant and the Chairman shall be of a community different from the other two members. Any such Board may act by a majority of the members thereof.

2 [5]

For the purposes of this Enactment, a person shall be deemed to be able to speak the Malay or English language with reasonable proficiency if in the opinion of a Language Board he is able to say and understand what a person of his standing is likely to wish to say or understand in Malay or English in normal intercourse with a person of a different community.

2 [6]

Any reference in this Enactment 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 father’s death; and where that death occurred before, and the birth occurs after the prescribed date, the status or description which would have been applicable to the father had he died after the prescribed date shall be deemed to be the status or description applicable to him at the time of his death.

Seksyen

3

Tajuk

National Status
3

A subject of the Ruler of the State of Selangor shall have the status of a national of the State of Selangor.

Seksyen

4

Tajuk

Subject of the Ruler by Operation of Law
4

On and after the prescribed date the following persons, and no others, shall be subjects of the Ruler of the State by operation of law:

a) any person who belongs to any of the aboriginal tribes of Malaya and who is in the State;

b) any Malay born before, on or after the prescribed date in the State;

c) any person born before, on or after the prescribed date in the State, one of whose parents was born in the Federation of Malaya;

d) any person not being a citizen of the United Kingdom and Colonies, who was born in the State and under the provisions of the Federation of Malaya Agreement, 1948, at any time in force, was immediately before the prescribed date a Federal Citizen;

e) any person, not being a citizen of the United Kingdom and Colonies, who under the provisions of the Federation of Malaya Agreement, 1948, at any time in force, having become a Federal Citizen by application in the State, was immediately before the prescribed date a Federal Citizen:

    Provided that this paragraph shall not apply to any person who on or before the coming into force of this Enactment acquires or has acquired under provisions corresponding to those contained in the preceding to those contained in the preceding paragraph the national of another State in the Federation of Malaya;

f) any person, wherever born, whose father either

(i) was born in the State and, at the time of the birth of such person, was, under the provisions of this Enactment, or would have been, had the provisions of this Enactment been then then in force, a subject of the Ruler; or

(ii) was, at the time of the birth of such person, a subject of the Ruler by registration under section 5 or 6 or under sub-section (4) of section 9 of this Enactment or by naturalisation under section 8 of this Enactment, or by virtue of paragraph (g) of this section;

g) any person who, immediately before the prescribed date, was a naturalised subject of the Ruler under the Naturalisation Enactment of the Federated Malay States.

 

 

 

Seksyen

5

Tajuk

Subject of the Ruler by Registration.
5 [1]

Subject as hereinafter provided a person, not being a minor, born in the State before, on or after the prescribed date, who is not a subject of the Ruler, shall be entitled, on making application in the prescribed manner, to be registered as a subject of the Ruler:

Provided that a person who has absented himself from the Federation of Malaya for a continuous period of five years within the ten years immediately preceding his application shall not be entitled to the registered under this sub-section unless he is certified by the Ruler to have maintained substantial connection with the Federation of Malaya during that period.

5 [2]

No person shall be entitled to be registered under the preceding sub-section unless he –

(a) satisfies the Ruler that he is able to speak the Malay or English language with reasonable proficiency or if he is unable to do so that so much inability is due to the physical impediment of deafness or dumbness; and

(b) satisfies the Ruler that he is of good character; and;

(c) has taken the oath in the form set out in the Schedule to this Enactment:

   Provided that for the purposes of this sub-section a Language Board shall for a period of five years from the prescribed date relax the standard of proficiency prescribed in sub-section (5) of section 2 of this Enactment in respect of any applicant who, in the opinion of the Board has not had a reasonable opportunity of learning Malay or English and is otherwise a suitable person for registration as a subject of the Ruler.

 

5 [3]

Subject to hereinafter provided a woman who –

(a) is not a subject of the Ruler; and

(b) has not been married to a subject of the Ruler, shall, on making application therefor to the Ruler in the prescribed manner, be entitled to be registered as a subject of the Ruler, whether or not she is full capacity:

    Provided that no woman shall be entitled to be registered under this sub-section –

(A) unless she

(i) satisfies the Ruler that she is of good character; and

(ii) has taken the oath in the form set out in the Schedule to this Enactment; or

(B) if at the time of her application she has ceased to be married to a subject of the Ruler and has married a man who is not a subject of the Ruler.

 

5 [4]

A person who has renounced, or has been deprived of, the status of a subject of the Ruler conferred by or under this Enactment or of a subject of the Ruler of any other Malay State or of a citizen of the Federation of Malaya or of a citizen of the United Kingdom and Colonies, shall not be entitled to be registered as a subject of the Ruler under this section, but may be so registered with the approval of the Ruler.

Seksyen

6

Tajuk

Registration of Minors
6 [1]

The Ruler may cause the minor child of any subject of the Ruler to be registered as a subject of the Ruler upon application made in the prescribed manner by a parent or guardian of the child.

 

6 [2]

The Ruler may, in such special circumstances as he thinks fit, cause any minor to be registered as a subject of the Ruler.

6 [3]

For the purposes of this section “parent” in relation to a child whose adoption has been registered means the adopter.

Seksyen

7

Tajuk

Effect of Registration as a Subject of the Ruler
7

A person registered under the section 5, 6 or sub-section (4) of section 9 of this Enactment shall be a subject of the Ruler as from date on which he is registered.

Seksyen

8

Tajuk

Subject of the Ruler by Naturalisation
8 [1]

The Ruler may, if application therefor is made to him in the prescribed manner by any person who is not a subject of the Ruler and who is of full capacity, grant to such person a certificate of naturalisation if he satisfies the Ruler that he:

(a) has within the preceding twelve years resided in the Federation of Malaya for periods amounting in the aggregate to not less that ten years; and

(b) has resided in the State throughout the two years immediately preceding the date of his application; and

(c) is of good character; and

(d) is not likely to become chargeable to the State or the Federation of Malaya; and

(e) is able to speak the Malay or English language with reasonable proficiency or if he is unable to do so that such inability is due to the physical impediment of deafness or dumbness; and

(f) has made a declaration that he intends, in the event of a certificate being granted to him, to settle permanently in the Federation of Malaya.

8 [2]

In calculating the period of twelve years mentioned in sub-section (1) of this section no account shall be taken of –

(a) periods of absence from the Federation of Malaya –

(i) for purposes of education of such kind in such countries and during such periods, as may from time to time, be either generally or specially approved by the Ruler, after consultation with the High Commissioner for the purposes of this section; or

(ii) while on duty in the service of the Government of the Federation of Malaya or of any State or Settlement or of any of the territories now compromised in the Federation of Malaya or of the Colony of Singapore or while on duty in the service of the Crown, where such periods are not consistent with essential continuity of residence and therefore not reckoned as periods of residence;

(b) periods of absence from the Federation of Malaya between 1st July, 1941, and the 31st December, 1946, in the case of a person who was resident in the Federation of Malaya for a period of five years immediately preceding such period of absence.

 

8 [3]

The person to whom a certificate of naturalisation is granted under this section shall, on taking the oath in the form set out in the Schedule to this Enactment, be a subject of the Ruler by naturalisation as from the date on which that certificate is granted.

Seksyen

9

Tajuk

Loss of Status of Subject of the Ruler
9 [1]

Subject as hereinafter provided, where a person, who is a subject of the Ruler, has absented himself from the Federation of Malaya, for a continuous period of five years and is not certified by the Ruler to have maintained substantial connection with the Federation of Malaya during that period, such person shall-cease to be a subject of the Ruler.

9 [2]

A person who has absented himself from the Federation for the aforesaid period of five years but who, before the expiration thereof, has made application in the prescribed manner to the Ruler for a certificate that such person is maintaining substantial connection with the Federation of Malaya shall not, because of his absence during that period, cease to be a subject of the Ruler unless and until he has been notified that such application has been refused. The grant of any such certificate shall be at the absolute discretion of the Ruler.

9 [3]

A person shall not cease to be a subject of the Ruler under this section if, on such cesser, he would have no national status.

9 [4]

If any person who has ceased to be a subject of the Ruler under this section, resumes residence within the Federation of Malaya, he may apply to the Ruler, in the prescribed manner and subject to any conditions that may be prescribed, for the registration as a subject of the Ruler and the Ruler may, in his discretion, cause him to be registered as such.

9 [5]

A person who has the status of a subject of the Ruler shall cease to have such status if –

(a) he voluntarily acquires the nationality or citizenship of any state or country outside the Federation of Malaya other than citizenship of the United Kingdom and Colonies,

(b) he ceases to be a citizen of the Federation of Malaya; or

(c) being a woman who has acquired such status by registration under sub-section (3) of section 5 of this Enactment, she acquires by reason of her marriage the nationality or citizenship of her husband being the nationality or citizenship of any State or country outside the Federation of Malaya other than citizenship of the United Kingdom and Colonies.

Seksyen

10

Tajuk

Renunciation of Status of Subject of The Ruler
10

If any person of full capacity who is a subject of the Ruler makes a declaration in the prescribed manner of renunciation of the status of a subject of the Ruler, the Ruler shall cause the declaration to be registered; and, upon the registration, that person shall cease to be a subject of the Ruler:

Provided that the Ruler may withhold registration of any such declaration if it is made during a period of emergency declared as such, at or after its commencement, by the High Commissioner in Council for the purposes of this section.

Seksyen

11

Tajuk

Deprivation of Status of Subject of the Ruler
11 [1]

A subject of the Ruler shall cease to have such status if he is deprived of that status by an order of the Ruler in Council made under this section.

11 [2]

Subject to the provisions of this section, the Ruler in Council may by order deprive any person who is a subject of the Ruler –

(i) by registration; or

(ii) by naturalisation; or

(iii) by virtue of paragraph (g) of section 4 of this Enactment,

of that status if he is satisfied that the registration of such person or the certificate of naturalisation granted to him under the Enactment, or if he is a subject of the Ruler by virtue of paragraph (g) of section 4 of this Enactment the certificate of naturalisation granted to him under the Naturalisation Enactment of the Federated Malay States was obtained by means of fraud, false representation or the concealment of any material fact or, made or granted by mistake:

Provided that no person shall be deprived, under the provisions of this section, of the status of subject of the Ruler on the grounds of mistake unless notice of the intention so to do has been served on him or published date in the Gazette within twelve months of the prescribed date or the date of registration or the grant of the certificate, whichever is the later, and where no notice has been served or published as hereinbefore provided before the expiration of the said period, no registration or certificate or conferment of the status of subject of the Ruler shall be deemed to be invalid on the grounds of mistake and such registration or certificate or conferment shall be deemed to be as valid as it would have been had such mistake not been made.

11 [3]

Subject to the provisions of this section, the Ruler in Council may by order deprive any person who is a subject of the Ruler –

(i) by registration; or

(ii) by naturalisation; or

(iii) by virtue of paragraph (g) of section 4 of this Enactment;

of that status if he is satisfied that, subsequent to registration or subsequent to the grant of a certificate of naturalisation under this Enactment or under the Naturalisation Enactment of the Federated Malay States that person –

(a) has shown himself by act or speech to be disloyal or disaffected towards the Ruler or the Federation of Malaya or has exercised any right, power or privilege to which he may be entitled by reason of any nationality or citizenship , other than the rights, powers or privileges of –

(i) a subject of the Ruler of any Malay State; or

(ii) a Federal Citizen or a citizen of the Federation of Malaya; or

(iii) a citizen of the United Kingdom and Colonies; or

(b) has, during any war in which Her Majesty is engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such manner as to assist an enemy in that war; or

(c) has within five years after registration or becoming naturalised, been sentenced in any part of Her Majesty’s dominions or in any territory under Her Majesty’s protection to death or to imprisonment, by whatever name called, for a term exceeding twelve months and has not received a free pardon; or

(d) has done any voluntary act which is incompatible with this loyalty to the Ruler or to the Federation of Malaya;

    Provided that no order shall be made on any of the grounds specified in this sub-section in the case of a subject of the Ruler who would, on being deprived of such status, have no national status.

 

11 [4]

Where any person on acquiring the status of the national of the State of Selangor has renounced any other nationality, he shall, for the purpose of the proviso to the last preceding sub-section be deemed not to have retained the nationality of another State unless the Ruler in Council is, in the exercise of his discretion, satisfied that such person is in a position effectively to enjoy the protection of such other State and to proceed thereto if he so wishes without thereby endangering his personal safety.

11 [5]

Before making an order under this section the Ruler in Council shall cause to be given to the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and of his right to an inquiry under this section.

11 [6]

If the person against whom the order is proposed to be made applies in the prescribed manner for an inquiry, the Ruler in Council shall refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Ruler, and to such other members appointed by the Ruler as he thinks proper.

11 [7]

The Ruler in Council shall not make an order under this section unless he is satisfied that it is not conducive to the public good that the person against whom the order is proposed to be made should continue to be a subject of the Ruler.

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