Page:Report of the Commission of Enquiry North Borneo & Sarawak.pdf/53

 it has been agreed that a Singapore citizenship will be retained which will automatically carry with it nationality of the new Federation of Malaysia. We have considered Whether on this analogy there is a case for creating a separate citizenship for the Borneo territories which would carry with it nationality of Malaysia. We have found no special reason to suggest such a separate citizenship for the Borneo territories. There is no local legislation on citizenship at present in either Sarawak or North Borneo—as there is in Singapore—and we believe that the recommendations that we make below will meet the more important of the points which have been made to us.

We recommend as follows:

(i) A citizen of the United Kingdom and Colonies born in Sarawak or North Borneo or naturalised in either territory before the date on which Malaysia comes into effect should by operation of law become a citizen of the Federation of Malaysia. We include in this category persons who were born in either of the territories before the dates on which they became British colonies. There is, however, one qualiﬁcation that needs to be made. Some persons in this category might have severed all connexion with Borneo and the other territories that will form Malaysia. There needs to be evidence of permanent residence and we accordingly recommend that a person in this category shall be deemed to be permanently resident in a territory if he has resided in either territory (or partly in the one and partly in the other) for a continuous period or ﬁve years immediately before the formation of Malaysia. We consider it important that there should be the minimum of formality in establishing such permanent residence. We recommend further that periods of absence should not be regarded as a break in continuous residence.

(ii) A person resident in Sarawak or North Borneo on the date on which Malaysia comes into being should be eligible to apply for registration as a citizen of Malaysia at any time during the first eight years after that date if:

(a) he has resided before Malaysia in either territory (or partly the one and partly the other) or after Malaysia in any of the territories of the Federation for periods amounting to 8 out of the 12 years preceding his application and which include the 12 months immediately preceding his application;

(b) he intends to reside permanently in the Federation; and

(c) he is of good character.

For the purposes of such an application a person should be deemed to be of good character in the circumstances provided in Article 18 (4) of the Constitution of the Federation