Page:Agreement relating to Malaysia (1963).djvu/73

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2. (1) A person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a citizen, possesses such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong, or if his father is then an enemy alien and the birth occurs in a place under the occupation of the enemy.

(2) In section 1 the reference in paragraph (b) to a person having been born in the Federation includes his having been born before Malaysia Day in the territories comprised in the Borneo States or Singapore.

(3) For the purposes of paragraph (e) of section 1 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 paragraph (c) of that section or otherwise.

PART III
Additional Sections as to Citizenship by Operation of Law

19A. For the purposes of Part I or II of this Schedule a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that country.

19B. For the purposes of Part I or II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there ; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.

19C. For the purposes of Part I or II of this Schedule a person shall be treated as having been at any time permanently 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 Federal Government that he is to be treated for those purposes as a permanent resident in the Federation.

PART IV
Miscellaneous Amendments of Supplementary Provisions

1. At the end of section 4 (which enables the Minister to delegate among other things certain functions preliminary to the making of an order under Article 26) there shall be added as sub-sections (2) and (3)—

" (2) The Minister may also, with the consent of the Governor of the State, delegate to an authority of a Borneo State or or Singapore (subject or not to conditions providing for an appeal from that authority to the Minister) any of the Minister's functions under Clause (6) of Article 28A which are not required to be delegated by Clause (7) of that Article.

(3) Sub-section (1) shall apply to enrolments under Clause (2) of Article 19A as it applies to citizenship by registration, and to the cancellation under Clause (4) of Article 19A of an enrolment under that Article as it applies to an order under Article 26."

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