Page:Agreement relating to Malaysia (1963).djvu/181



Minister; and if the Minister considers it desirable in the national interest for entry to be refused to the person in question, and so informs the State authority, the notification shall not be given.

10. (1) As regards entry into and residence in a Borneo State and all matters connected therewith a person entitled in the State to the citizens in benefit of this section shall be treated for the purposes of the Immigration Ordinance, 1959, as if he were a citizen of the Federation.


 * (2) Subject to the provisions of this section, a person shall be entitled in a Borneo State to the benefit of the section if—


 * (a) on Malaysia Day he is ordinarily resident in the State, and in the ten years immediately preceding that day he has resided in the territories comprised in the Borneo States and Brunei for periods which amount in the aggregate to not less than seven years; and


 * (b) immediately before Malaysia Day under the immigration law of the territories comprised in the State, he would as being a Commonwealth citizen (or if not a Commonwealth citizen, then in the case of Sabah as having been before November 1931 born in North Borneo) have been entitled to enter those territories without having obtained a permit or pass.


 * (3) A person shall not be entitled to the benefit of this section after the beginning of September, 1965:

Provided that where before September, 1965, a person entitled in a Borneo State to the benefit of this section makes an application to be registered as a citizen of the Federation and the application is not disposed of before the beginning of that month, he shall continue to be so entitled until the application is disposed of.


 * (4) So long as a person is entitled in a Borneo State to the benefit of this section that person's children under the age of twenty-one years and (if he is a man) his wife shall as regards entry into and residence in the State and all matters connected therewith be treated for the purposes of the Immigration Ordinance, 1959, as if

they were citizens of the Federation.


 * (5) For the purpose of determining whether paragraph (b) of subsection (2) is satisfied in the case of any person, any question which under the immigration law of the territories comprised in a Borneo State would have fallen to be determined by an authority or officer of the government of those territories shall be determined by the

Minister.


 * (6) A person who has left a Borneo State on or after Malaysia Day shall not be entitled in the State to the benefit of this section if the Minister is satisfied that his residence in the State would be prejudicial to public security.