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BY
S. L. VERMA, B. A., B. L.,
Advocate, High Court.
W IT H A FO REW O RD BY
JUSTICE U SAN MAUNG
S E N IO R JUD G E, H IG H COURT, RANGOON.
Published by
RISH1 RAJ V E R M A
81st & 27th STREETS CORNER,
M ANDALAY.
First Edition 1960.
Second Edition 1961.
D e d ic a t e d t o
T he M em o ry of M y M o th er.
P r in te d A t
T H E G E O R G E P R I N T IN G W O R K S
•/ CSAN MAUNG)
Judge,
Rangoon High Court of the Union
Dated trie 1st March 1960 of Burma.
( ^ o8- 0 o o n )
ofocoo<€
THE LAW RELATING TO
FOREIGNERS AND CITIZENSHIP
IN BURMA.
CONTENTS.
Page
20. in 9th line from bottom for ' 1956 ’ read ‘ 1958’
112. in 18th line from bottom for ‘ Forntier’ read 'F rontier1.
Last but not the least, I must thank the members of the Mandalay
Bar for their invaluable suggestions in improving the book.
Mandalay
.
Dated the 29th January 1961 S . L - Verma.
Mandalay 5 . L- Verma.
Dated the 4th January I960 .
INDEX OF CASES.
Section
1. Interpretation - Foreigner.
11. Deleted.
19. Deleted.
24. Deleted.
I. 1953 B. L.R.47 S.C. Tai Yu Han. Vs The Union cf Burma; Criminal Revision
No. 57B of 1959. High Court Mandalay., Bishna Lai Vs Tne Union of Bufma.
THE F O R E IG N E R S A C T 5
back to his own country. Every Power has the right to refuse to
permit an alien to enter the state and, if it permits an alien to
enter, to annex conditions it pleases to such permission and expel
or deport him from the state at pleasure. It was also pointed out
that the application under section 45 of the Specific Relief Act
was unsustainable. Only in cases where a person’s property,
franchise or personal right was in jeopardy by the forbearing or
doing, as the case might be, of any act, would such an applica
tion lie. In the present case the applicant had acquired no per
sonal right of stay in Burma. He was merely permitted to reside
within the Union of Burma on sufferance by the Union Government.
What has been said of the pow er to deport may also b e
said of the pow er to admit or exclude aliens. The constitutional
law with regard to the pow er of Parliament to admit or exclude or
deport aliens is simply that the power is plenary; it is no way
restricted. An alien who seeks admission to this country may not
do so under any claim of right. Admission of aliens to the Union is
a privilege granted by the government. Such privilege is granted
to an alien only upon such terms as the Union shall prescribe. The
exclusion of aliens is a fundamental act of sovereignty. The right
to do so stems not alone from legislative pow er but is inherent in
the executive pow er to control the foreign affairs of the nation.
The power to deport aliens is therefore an implied one. But the
right to life and liberty is an express one and even a foreigner is
entitled to the constitutional remedies under the constitution of the
Union, subject to his being lable to be deported or excluded and
subject to certain other rights which are denied to him specifically
by provisions of enactments.
i
THE F O R E IG N E R S A C T 9
6. Sunmukh Singh Vs. The Secretary, Ministry of Immigration and National Registration:
Criminel Miscellaneous Case No. 73 of I960 of the Supreme Court.
12 THE F O R E IG N E R S ACT
11. * * *
12. Every such license shall state the name o f the
What to be Person to wh °m the license is granted, the
stated in license, nation to which he belongs, the district or
districts through which he is authorized to pass
or the limits within which he is authorized to travel, and the
period if any during which the license is intended to have
effect.
19. * * *
24. * * *
CONTENTS
Section Page
1. Commencement. 20
2. Definitions. 20
2A. Fees. 22
4. Burden of proof. 24
5. Penalties. 27
9. Extent. 28
Rules. 29
Exemptions. 44
20
2. In this A ct—
Definition.
i
THE R E G IS T R A T IO N OF F O R E IG N E R S ACT 21
In the present case also the applicants four of whom are mere
children appear to have been totally ignorant of the serious
consequences which might ensue on their plea of guilty nor does
it appear that they fully understood the nature or quality of the
charge levelled at them” . The application was allowed and the
convictions and sentences passed on the eight applicants were
set aside and they were directed to be retried.
6. Moli Maya Vs. The Union of Burma: Criminal Revision No. 106 B of 1959 of the
High Court sitting at Mandalay.
28 T H E R E G IS T R A T IO N O F F O R E IG N E R S AC T
11. (1) Every foreigner who effects any change of his add
ress in Burma shall, within seventy-two hours
registered °fCaddrLs! o f his arrival in the new address, report his
arrival to the Registration Officer o f the
district o f his new address. This report may be made by letter.
AS A M E N D E D UP TO 1ST O C T O B E R 1960.
Section Page
1. Deleted. 47
2. Definitions. 47
4. Power of arrest. 48
5 Power of removal. 48
Rules. 49
3.
(1) The President o f the Union may make rules
requiring that persons entering the Union of
rules°Wer make ® urma shall be in possession o f passports, and
for all matters ancillary or incidental to
that purpose.
(3) Rules made under this section may provide that any
contravention thereof or o f any order issued under authority
o f any such rule shall be punishable with imprisonment for
a term which may extend to three months or with fine or
with both.
C H A P T E R I.
PRELIMINARY.
Section. Page
I * * + * * 54
2. Definitions. 54
CHAPTER II.
SURRENDER OF FUGITIVE CRIMINALS
IN CASE OF FOREIGN STATES.
7. — 10. * * * * * 60
11. (1 ) Surrender of person accused of, or undergoing
sentence for, offence in the Union of Burma. 60
(2) Suspension of sentence on surrender. 60
12. Application of Act to convicted persons. 60
13. Abetement and attempt. 60
1 4 .— 16. * * * * * 60
17. (1 ) Receipt in evidence of exhibists, depositions and
other decuments. 61
(2 ) Authentication of the same. 61
(3) Definition of “ Warrant,” 61
18. Chapter not to derogate from treaties. 62
CHAPTER IV.
19. * * * * * 62
CHAPTER V.
OFFENCE COMMITTED AT SEA.
CHAPTER VI.
•EXECUTION OF COMMISSIONS ISSUED BY
CRIMINAL COURTS OUTSIDE THE UNION OF BURMA.
21. Execution of Commission issued by Criminal Courts
in Foreign States. 62
CHAPTER VII.
SUPPLEMENTAL.
CHAPTER II.
SURRENDER OF FUGITIVE CRIMINALS IN CASE
OF FOREIGN STATES.
(5)
I f the Magistrate is o f opinion that a prima facie case
Bajl is not made out in support o f the requisition, or if
the case is one which is bailable under the provisions
of the Code o f Criminal Procedure, the Magistrate may release
the fugitive criminal on bail.
(2)
The President o f the Union may also at any
t' me stay any proceedings taken under this
Power of President
to discharge Chapter and direct any warrant issued under
any
tjjjs Chapter to be cancelled and the person
person in custody at
any tfme. c , 1 . . r ,
tor whose arrest such warrant has been
issued to be discharged.
* *
6.
60 T H E BURMA EX T R A D IT IO N A C T
CHAPTER HI.
7 . — 10 . * *
CHAPTER IV.
19. * *
CHAPTER V.
OFFENCES COMMITTED AT SEA.
CHAPTER VII.
SUPPLEMENTAL.
1. Short title. 06
8. Exemptions. 85
11. Fees. 85
Rules 92
66
THE BURMA IM M IG R A T IO N
(EM ER GENCY PROVISIONS) AC T, 1947.
This Act cams into force with effect from the 13th. June 1947,
vide Judicial Department Notification No. 214, dated the 13th June
1947. This Act therefore does not affect the entry of persons who
entered the Union of Burma prior to this date.'
One Mrs Kanta Bhai2 applied for stay permit and submitted her
Indian Passport with it. She was not intimated whether her stay
permit was granted nor was her passport returned to her by the
Immigration authorities. She could not apply for the permit again
without knowing the result of her previous application and without
the passport being returned to her. In order to apply for renewal
of stay permit, it was necessary that she should refer to her
passport and mention its details in the application for further stay. The
Immigration authorities prosecuted her for stay without a permit. In
the High Court she was acquitted on the ground that the law did
not expect any one to do what was impossible and without the
passport it was impossible for the applicant to know whether a
stay permit had been issued nor was it possible for her to apply
for a renewal of that permit.
One Karam Singh3 was born in Burma in 1924 and had never
left the country. In 1949 he sought to elect Burmese citizenship but
before orders were passed he obtained an Indian passport thus
indicating that he had chosen to retain Indian nationality. He was
ordered to remove himself from the country by 30th June 1955.
As he did not do so he was prosecuted [for alleged contravention
of section 4(2) of the Act in that he had not observed the conditions
of his stay in Burma. The trial magistrate acquitted him on the
ground that he had not entered Burma with a permit or a visa and
that therefore there were no conditions attached to his stay. Inspite
of this the Controller issued an order of deportation under section
7(1) giving as his reason that Karam Singh had committed an
offence under section 13(1). The Supreme Court held that the
Controller was fully aware of the order of acquittal, and his
statement that Karam Singh had committed an offence under
section 13(1) was therefore totally unwarranted.
Also one Tan Choon Chaung who was born in Burma, spent
the war years in China and came back in 1946. The Controller
contended that his unauthorised entry was in 1952, and therefore
holding that he had committed an offence under section 13(1),
the Controller ordered his removal. The Supreme Court pointed
out that the Act did not em power the Controller to decide without
recourse to a prosecution, whether a person has in fact committed
an offence. Only a Court of Law is competent to give a decision
in case of a dispute.
Held also: The Act would not bring within its scope the
case of people who were born in Burma before the
enactment of the Act. In the case of persons who were already
in Burma before the enactment of the Act no question of a
permit is involved.
4 .A.
Where an affidavit is required for the purpose o f
is.suing
Administ.ation o f immigration permit passport or
oath. visa, the Controller or such other officer as
may be authorized in this behalf by the
President, may administer the oath to the deponent.
5, V. E. RM. N. RM. Kasi Viswanathan Chettyar Vs. The Official Assignee and
one: 1958 B. L. R. 74 S. C,
T H E BURMA IMM IGRATION (EM ER G EN C Y PROVISIONS) AC T 7.r>
The Court did not accept the contention that the ' D ’
form was within the discretion of the1 Controller. The Rules as
framed might be stretched to ensure that a person leaving Burma
com plied with formalities required of him but if he had done so, the
stage was reached for the Controller to perform his duty to issue
the form so that the person seeking it might make his final
arrangements for departure.
The Supreme Court also held that an alien has the right to
leave a country. It is a basic human right which should not be
denied and that in this matter it was in conformity with recognised
international practice to lift the ban placed upon the applicant.
This section has been amended from time to time. It was last
amended by Acts XXVI of 1956 and XXXIX of 1957.
objection was over-ruled and the Court held that it had jurisdiction
to entertain such applications as the finding to the effect that the
provisions of the Act have been contravened was a judicial one
and was covered by section 150 of the Constitution. The application
was heard and dismissed on merits as the deportee had admitted
before the Immigration authorities that he had entered the Union
without a permit after the promulgation of the Burma Immigration
(E m ergency Provisions) Act.
The detention of Hasan Ali, and Meher Ali, under section 7 (2)
of the Burma Immigration (Em ergency Provisions) Act under the
84 T H E BURMA IM M IG R A TIO N (E M E R G E N C Y PROVISIONS) A C T
Before Since
1-10-57 1-10-57
12. Any foreigner who has been brought into the Union
Deie ti n of ^ urma ant^ who is not entitled to enter the
illegal entrants. Union o f Burma under the provisions o f this Act
or the rules made thereunder shall be detained
by the carrier, who shall, if required at any time by any
immigration official not below the rank o f Assistant Immigra
tion officer remove him from the Union o f Burma. Such
detention shall be deemed to be legal custody.
(7) W hoever:—
In connection with this rule please see the case of Hasan Ali
referred to at Page 78 of this book.
T H E B U R M A IM M IG R A T IO N (E M E R G E N C Y P R O V IS IO N S ) A C T 93
Section. Page
1. Short title. 95
2. Definitions. 95
Rules. 110
95
retrospective effect and would validate the sale on the 23rd March
1949. In this case the land was purchased in the names of Mg Tin
and his wife Ma Kyin Sein who w ere Sino-Burmese and w ere
therefore citizens under section 11 (ii) of the Constitution. The sale
in their favour was held to be validated retrospectively because
they w ere citizens since the date of the commencement of the
Constitution i. e. 4th January 1948 and it is not that they acquired
citizenship subsequently.
In the case of Ko Aung Vs. Abdul Lattiff3 it was held that a
sale to a foreigner of immoveable property at a time when section
5 of the Transfer of Immoveable Property (Restriction) Act 1947,
was in force was void ab initio, and that a transfer of immoveable
property obtained by a foreigner who had applied for citizenship,
but before the certificate was obtained was void under section 3
and 5 of the Transfer of Immoveable Property (Restriction)
Act 1947. The Transfer of Immoveable Property (Restriction)
(Am endm ent) Act 1952, cannot have retrospective effect on the
sale which was made when the Transfer of Immoveable Property
(Restriction) Act 1947 was in force.
3. 1958 B. L. R. 216 H. C.
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT 99
T ra n s fe r:— The word transfer has not been defined in this Act.
Section 5 of the Transfer of Property Act defines transfer of
property thus: "In the following sections transfer of property
means an act by which a living person conveys property in present
or in future to one or more other living persons or to himself or
to himself and one or more other living persons and to transfer
property is to perform such a c t”. Thus the term 'transfer' is used
in law in the most generic signification com prehending all the
species of contract which pass real rights in property. The term
‘ tran sfer' does not necessarily import conveyance of all the
transferor's interest in the property. Thus a m ortgage or a lease
is a transfer. A family arrangem ent or compromise by which the
antecedent right of the parties are acknowledged and denied, is
not a transfer of property, as it does not convey any new distinct
title to either of the parties. A partition betw een co-owners is not a
transfer. A relinquishment is sometimes held to be a transfer and
sometimes it is held not to amount to a transfer.
14 1952 B. L. R. 214 S. C,
15. 1952 B. L. R, 80 S. C.
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT 105
16. Pazundaung Rice Mill Vs. R. R. Khan Rice Mill and Trading Co. Ltd
1953 B. L. R. 124 S. C.
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT 107
One U Khin Maung was said to have sold a house and site
to Tan Yee Chai, who was not a citizen of the Union of Burma,
for K.750 on April 21, 1953. The Town Committee had warned
him thai he could not sell the property to a foreigner but inspite
of the warning the sale was concluded. The DIG Shan State then
prosecuted both U Khin Maung and Tan Yee Chai in the Court of
the District Magistrate, Loilem, under section 5 of the Transfer of
Immoveable Property (Restriction) Act, 1947, after having obtained
the sanction of the President. The District Magistrate fined both the
buyer and the seller K. 7,750 each or one year's imprisonment
in default and also informed them that the orders of Government
would be taken whether the property in question should not be
confiscated. The High Court pointed out that under section 4 of
the Shan States Registration Act, sale of immoveable property
valued at K.100 or over must be registered and that under section
6 of the Act unless there was such registration the ownership
would not be considered to have passed. As in the present case
there had as yet been no registered d eed executed, it was held
that the accused had not committed an offence under section 5 of
the Transfer of Immoveable Property (Restriction) Act. There had in
law been no sale. Both the accused w ere therefore acquitted .22
22. U Khin Maung and one Vs. The Union cf Burma; High Court Criminal
Appeal No 604 of 1954 1951 B. L R. 1 S. C.
23. 1954 B. L. R. I S C.
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT 1 09
' Kayah ' was inserted in place of ' Karenni ’ vide Act XVI of
1957.
Section 11 of the Constitution reads :—
" 11. (i) Every person, both of whose parents belong or
belonged to any of the indigenous races o'f Burma ;
(ii) every person born in any of the territories included
within the Union, at least one of whose grand-parents
belong or belonged to any of the indigenous races
of Burm a;
(iii) every person born in any of the territories included
within the Union, of parents both of whom are, or if
they had been alive at the commencement of this
Constitution would have been, citizen of the Union;
(iv) every person who was born in any of the territories
which at the time of his birth was included within
His Britannic Majesty's dominions and who has
resided in any of the territories included within the
Union for a period of not less than eight years in
the ten years immediately preceding the date of the
commencement of this Constitution or immediately
preceding the 1st January 1942 and who intends to
THE U N IO N C IT IZ E N S H IP ACT 117
(2) A ny person descended from ancestors who for tw o (iii) every person born in any of the territories included
generations at least have all made any o f the territories within the Union, of parents both of whom are, or if
included w ithin th e U nion their perm anent hom e and whose they had been alive at the commencement of this
parents and h im self were born in any o f such territories shall Constitution would have been, citizen of the Union;
be deem ed to be a citizen o f the Union. (iv) every person who was born in any of the territories
which at the time of his birth was included within
91 1 ( 0 ) 33 G § S g 0 G0 ^ S « 0 0 ( r o ) l ( 9) ^8 ( o ) 33 C|§£§GOOq8 ^ His Britannic Majesty’s dominions and who has
§§U0|8cC0D8 §S^GOOOOJOD^I t^OQ£S8«OJcf>33S§S> gOGOC^Su 0 0 (?£>) 03C] resided in any of the territories included within the
| 8cOD^S93§SG§]:qdS|§C|§§l 0 0 9 0 ^ 8 § £ § 6 0 0 0 8^ g^«o|8ca)OS33§SGgS^|dS Union for a period of not less than eight years in
GC|:35o5goGQ33C|i ^ScooosconSycfic^q^GOOOOJOOgSl ^OD^ItOpcS C^3ac6gOGO the ten years immediately preceding the date of the
33C| ^ 8cooO*^COc8 ^c5 (^§ 8gCI ^ScoODSCOcS^cSd^SG® C|§GCOOO^OO^I commencement of this Constitution or immediately
preceding the 1st January 1942 and who intends to
djSoojSwopcS ^jo3c8goGOcos)33§o;^^:^ ^gSGOOo8^^8c.aDOSoa^Sr^Go:33o reside permanently therein and who signifies his
(gSiscjo^oo^ c^jascSgoGO (ygo^sqcSqpsasc) §Sdooo803§Sr^ oa^*!cv}|Si election of citizenship of the Union in the manner and
§ ^ G 0 0 0 8 ^ § ^ 0 |8 d 0 0 0 S 3 3 § 8 C O ^ G ^O D ^ O p^< S c^S l«^ l within the time prescribed by law,
shall be a citizen of the Union”.
( j) §^GCOo8^0g8or|o8GOOO $dSG§CT>^0gS 93^^83^! C^SCgOJ
530SC^:rocScDa8y®^l 88c§(^oSe|S8C^88§£S33§S§S ^8soc8u§cSoooo®§33c§j W HO ARE CITIZENS OF THE UNION?
^cSG^djSScooSoofSlySi 88^i8oD^So1:^8oocg 88'c?^dSdJ8 d^^dSG§OD^cgS
G g s g ls a ^ S c g S i c^o^oaos g$uo^6£co3tg8a>Sc?yc6ae(|wSi According to section 4 above the following are citizens:—
As stated in the notes under section 2 above the w o rd ' citizen' (a) any person who is a citizen under sub-sections (i),
has not been defined as such in this Act. But section 4 purports to (ii) and (iii) o f section 11 o f th e Constitution.
define who all are citizens of the Union.
(i) U nder sub-section (i) of section I I c f the C onstitution every person
The Union constitution recognizes only one kind of both of whose parents belong or belonged to any of indigenous
races of B u rm a is a citizen.
citizenship. Section 10 of the Constitution of the Union of Burma
sta te s:— The expression indigenous races has been defined in section 3
" 10. There shall be but one citizenship through out the Union; of this Act. In this case it does not matter where the person is
that is to say, there shall be no citizenship of the unit as distinct born, if both of his parents belong to the indigenous races of
from the citizenship of the Union” . Burma, he is a citizen of the Union. But as to what will be the effect
if he has acquired citizenship of another country, please see notes
Also section 11 of the Constitution reads :— under other relevant sections of this Act.
" 11. (i) Every person, both of whose parents belong or (ii) Under sub-section (ii) of section 11 of th e Constitution every person
belonged to any of the indigenous races of Burma ; born in any of the territories included w ithin the U nion, at least
one of whose grand-parents belonged to any of the indigenous races
(ii) every person born in any of the territories included of B urm a.
within the Union, at least one of whose grand-parents
belong or belonged to any of the indigenous races In this case if one of the parents or grand-parents of the
.of B urm a; person belonged to an indigenous race, the person will be a citizen
120 THE U N IO N C IT IZ E N S H IP AC T
Under this Act the following persons have been granted the
status of citizenship :—
( i) Under section 4 (2) of the Act, any person descended from ancestors
who for two generations at least have all made any of the
territories included within the Union their permanent home and
1. U Sin Koi Vs. U San Win: 1958 Burma G azette Part 1 p a g e 478.
THE U N IO N C IT IZ E N S H IP AC T 121
whose parents and him self were born in any of such territories shall
be deemed to be a citizen of the Union.
(ii) Under section 9 (2) of the Act, any minor child whose name is
included in the certificate of citizenship or certificate of naturali
zation of any of the parents shall be deemed to have become a
citizen of the Union.
It does not matter in this case as to where the child was born.
It does not matter also whether the child was born before or after
the commencement of the Constitution. Once his or her name has been
included in the certificate of citizenship or naturalization of one of
the parents the child becomes a citizen under this Act.
(iii) Under section 5 (a) of the Act, a child born in the Union on or
after the 4th day of January 1948 one of whose parents is a citizen
shall be a citizen provided that if the father is a foreigner, he shall
be a citizen only up to the date of his attaining the age of 18
years and a year thereafter, if he does not make a declaration of
alienage in respect of any foreign nationality and of election to
retain Union citizenship during that year. But if, of (he parents,
the mother alone is a foreigner he continues to be a citizen by his
mere birth in the Union.
(iv) Under section 5 (b) of the Act, a child born outside the Union of a
father who ii a citizen, is a citizen provided that the child’s birth
was registered in the iranner and within the time prescribed under
the Act at the proper Consulate of the Union. If the mother only
of the child is a citizen and the father is not a citizen then by birth
outside the Union after the commencement of the Constitution the
child will not ipso facto become a citizen by registration of such
birth.
T H E U N IO N C IT IZ E N S H IP AC T 123
(v) Under section 5 (c) of the Act, a child born outside the Union of
a parent who being a citizen, was at the time of the child's birth
in the service of the Union, shall be a citizen provided that if the
other parent was an alien and if the child within one year after
attaining majority fails to make a declaration of any foreign national
status to which he may be entitled and electing to retain Union
citizenship, he shall, on the expiry of that year, cease to be a citizen
of the Union.
(vi) Under section 11 (4) of the Act, if the father is a citizen and the
mother is a foreigner and she applies for and obtains a certificate
of citizenship, on the joint application of the mother and her
husband the Minister shall for the purpose of recognising as a citizen
include in her rectificate any minor child not already a citizen and
born before the date of the grant of citizenship certificate to her.
Thereafter the provisions of section 9 (2) of the Act apply to the
child, and the child in 11 be a citizen.
A person who is a citizen under section 4 (2), 5 (a), (b) and (c),
9 (2) or 11 (4) of the Act or under sub-section (i) (ii) and (iii) of
section 11 of the Constitution may apply for a certificate under
section 6 (2) of the Act, in such cases the applicant does not apply
for citizenship. He applies for a certificate of citizenship as a proof
of the fact that he is already a citizen. As to what happens in case
the child fails to make the declaration mentioned in section 5 and
11 (4), please see notss under those sections.
(i) A person may apply for a certificate of citizenship under section 6(1 )
of the Act to remove any doubt as to his status and also under
section 6 (2) of the Act when he is already a citizen under section
4 (2), 5 (a) (b) (c), 9 (2) or 11 (4) of the Act or section 11 (i) (ii)
(iii) of the Constitution.
(iii) A child born outside the Union, one of whose parents is a citizen,
shall, if the child is not otherwise a citizen, be entitled if still a
minor and in the custody of the parent, to the grant of a certificate
of citizenship on the application of the parent, on the parent
resuming his or her domicile in the Union, provided that if the
child within one year after attaining majority fails to make a
declaration renouncing any foreign national status to which he may
be cntiiled and electing to retain Union citizenship, he shall cease
on the expiry of that year to be a citizen of the Union, as stated
in section 12 (1) of the Act.
(iv) Under section 12 (2) of the Act, if the child contemplated by section
12 (1) above is a major, the Minister may grant him a certificate
of citizenship provided that the Minister is satisfied (a) that he is of
good character and (b) that he intends either to reside premanently
in the Union or to enter or continue in the service of the Union or
of the constituent States thereof or of any religious, charitable or
commercial organisation established in the Union.
(v) Under Section 12 (3) of the Act, if a child born in the Union and
born of the parents both of whom are not citizens of the Union
permanently residing in the Union within jurisdiclion thereof is of
good character and is not under any disability, he may apply for a
certificate of citizenship before the first day of April 1955 or within
one year after attaining majority, provided that he is then
permanently resident in the Union.
(vi) Under Section 14B of the Act, if any person who has ceased to
be a citizen of the Union under section 14 or section 14A, (a) has
the qualifications mentioned in clause (i), (ii) or (iii) of section 11
of the Constitution or section 5 (b) of this Act, and (b) undertakes
that he will permanently reside again in the Union, renounce
foreign citizenship in accordance with the law of the foreign
country concerned and owe allegiance to the Union, the Minister
may in his discretion permit him to retain the citizenship of the
Union, and his decision shall be final.
(vii) Under section 12 A of the Act, if one of the parents of the child
born in the territories included within the Union before the
THE U N IO N C IT IZ E N S H IP A C T 125.
"... •. "/■ ■ o .'.i <•••■
-'
commencement of the Constitution is a citizen of the Union under
cluse (ii) of section l i of the Constitution, or if one of such
parents is living at the commencement of the constitution and is
entitled to apply for the citizenship of the Union under clause (ii)
or clause (iii) of section 11 of the Constitution and is not under any
disability, he may apply for a certificate of citizenship before first
day of April 1955 or within one year after attaining majority, but
shall be permanently resident in the Union.
(ii) Under section 13 of the Act any person who has served honourably
at any time in the arnied forces of the Union for ft period
aggregating three years may be naturalized if the petition for;
naturalization is filed while he is still in the service or within six
months after the termination of such service, upon full compliance
with all the requirements of section 7 of this Act, except that no
notice of intention shall be required and no residence within the
Union shall be required. : r
and that he owes allegiance to the Union and that he elects the
citizenship of the. Union: provided that the provisions of this
section shall not apply to any person, who before the promulgation of
the Citizenship (Amendment) Act, 1954, acquires the certificate under
the original section 8, but shall apply to the children of such person.
5. Tai Yu Han Vs. The Union of Burma: Crim inal Miscellaneous Application
No. 252 of 1952 of the Suptesrpe Court.
6. Tai Xu Han Vs. The Union of Burma: 1953 B L R. 47 S. C.
7. 1957 B. L. R. 46 S. C.
THE U N IO N C IT IZ E N S H IP AC T 127
(iii) Section 5 (c );— If the child is born outside the Union one
of whose parents is a foreigner, and the other is a citizen and the
citizen parent is at the time of the child’s birth in the service of the
Union, and if the child on attaining the age of 18 years and before
his next birth day fails to make a declaration of alienage of foreign
nationality and electing to retain the Union citizenship he shall lose
his citizenship status.
8. Tai Yu Han Vs. The Union of Burma: 1953 B L. R. 47 S. C. and Bishna Lai Vs.
The Union of Burma: 1959 B. L. R. 3 H C.
128 T H E U N IO N C IT IZ E N S H IP ACT
For the answer to this question one will have to refer to the
question: Who are citizens of the Union? which has been discused
at page 119 of this book. All those who are entitled to a certificate
of citizenship under section 6 (2) of the Act are citizens by birth or
they may also be called natural born citizens or recognised cttizens
or persons to whom status of citizenship has been given under the
Act. Section 6 (2) refers to section 11 (i), (ii) and (iii) of the
Constitution, and sections 4 (2), 5, 9 (2) and 11 (4) of the Act. All
these persons are citizens of the Union and they are entitled to
apply for and obtain a certificate of citizenship as proof of the fact
that they are citizens. The next category of citizens are persons
covered by section 11 (iv) of the Constitution read with the Union
Citizenship (Election) Act and sections 12(1), 12(2), 12(3), 12A, and
14B of the Act. As to who all may apply for this certificate see the
notes under these sections and the notes above under the heading:
130 T H E U N IO N C IT IZ E N S H IP ACT
(a) As to who are citizens please see notes under the said
heading. A person who is a citizen may apply for grant of a
certificate of citizenship under section 6 (2) of the Act. The grant of
such a certificate does not mean that he was not a citizen before
the grant. An application for grant of a certificate in this case is
made in the application form given as item No. 1 in the forms in
the Appendix coupled with an affidavit in form S in the Appendix
of this book.
As for the fees prescribed for these please see the Union
Citizenship Regulations. In case of paragraphs (b) and (c) abcve the
THE U N IO N C IT IZ E N S H IP AC T
c $ 6p c g S ( c ^ o ji ^ o a o D c o ^ ^ S c g o s c o ^ ^ i | S c c d o : § 8§ c o d 5 ) djSajOOj^S
vgl
THE U N IO N C IT IZ E N S H IP AC T 133
5|6 sco 8 sqcS (j)« * § ^ e o o o 8 «j^8 c ^ c o o ,l: 33(go: 93C|8 6 0 ooog 8 yc£>cjcnS '
ooosecoo coGcSooagSi :§oogS:«opcS GCoooo§qjoD£S §^ecoo8{j|8c^8$n8og8
§ e ^ e o o o o ^ i c^oo eo S oG o T cg S i cjjSco£§«uopcS c^G co co o §q |G o T o g S G gsg 1scg|Si
§^GOOD8i!J^8cCg8 Gg!g1:03^0pycScgq«^l| •—J
§ |S s ro S ;q |c 8 ( 9)11 11ODspsoSccDO ^ S G r o o S (y § S :« § a o g 5 Bcn^Ggsg'ls
G003a,):X)£Sl G f o 8o a s lc g 8 C^BcOC^CDSpSoSGOO? £S S g 0008§ 8!( ^ ^ ) G 0l 30D331|
O ^ S y jS c f ^ f 'll OTSpJ08c030 <£5gCD08§8sC^§C0^ 80DyGg;g1;GC00 XD!CD§:^i
D3§ 833GC|S330IC9:c 8q § ]q 0^ l l
Sub-section (a):-
Sub-section ( b l
In this case the father must be a citizen. Such a child will not
be required to do anything further on attaining the age of majority
and will continue to be a citizen on attaining majority. Such a child
is also a natural born child and the provisions of sections 18 and 19
of the Act regarding revocation of citizenship do not apply to him.
He is a natural born citizen or a recognised citizen.
T H E U N IO N C IT IZ E N S H IP ACT 135
Sub-section (c):-
Under sub-section (c), the following conditions are necessary
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(s ) « G c g io c S o o o :§ ro 8 8 a 0£ §c 1:§S G 03 3c 8« $g S 5 33Soc8u§<£
§ ^ G O o D S ^ 8c o 3o g 8scg 8 § g S G o o o 8^ 8c i^ i O30a n 0G 930c8§ G $ c § 8& G |m o 8:ii
(o ) 88odpS 33fTi| 8o o 8m G O O o 8s K £ S i lu § « D § 8cc 88 :c | 8!c n o o c > o :® ra ? :
g§ooocSg(o3oS:'i dji#§ 8
(s o ) 8 8 3 3 o :|8 c a > o s § ^ cocS^cSgosjsoojSi S Soo^S §ffiGooo8«jog8
g ^ 8c)^i djiaogStuopcB jy^ScoooSs} a3$:c]§GcoSqS:i §gS£uSco^(^33$:6|§
Goo5qS;i 33^ooS:c]^i socSrocSOTgooSsi c§cofS:uopc8 §^gooo 8«;c^8
cngSGoooScoosGaoo odoodoi coooo$ogc]=i cjjoI^sgci! o q ^ cfS G c ijd ^ S sp q ^ c ^ :
o o ^ o g 8o T o 8o £ o o 8g c 8c |^ i s o c S c o c S e s o o S g c S c ^ IcggdSG^oSsi , .
9. 1951 L. R. 121 H. C.
142 THE U N IO N C IT IZ E N S H IP A C T
It was held in Saw Chain Poon Vs. The Union of Burma '0that
a Chinese who was naturalized under the Burma Naturalization
Act and obtained a certificate under section 7(1) of the Burma
Naturalization Act, was deemed to be a British subject and was
entitled to all the rights, privileges and capacities of a British
subject born within British Burma. The Burma Naturalization Act
was repealed by the Union of Burma (Adaptation of Laws) Order
1948. A person naturalized under the Burma Naturalization Act did
not come within clauses (i), (ii) and (iii) of section 11 of the
Constitution, Under Section 11 (iv) of the Constitution and section 3
of the Union Citizenship (Election) Act, 1948, a person in order to
be entitled to apply for a certificate of citizenship must be a person
"b o rn in any of the territories which at the time of his birth was
included within His Britannic Majesty's Dominions As the applicant
did not satisfy this test, he was not entitled to apply for the
citizenship of the Union of Burma, even though he was naturalized
under the Burma Naturalization Act. Section 11 (iv) of the Constitution
of Burma and section 3 of the Union Citizenship ( Election) Act have
abrogated the rights acquired by the applicant under the Burma
Naturalization Act.
oocSsE^GeqyjSi
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cogi ! 3 3 n q ) 8 e 0 ^ G 0 0 0 8 :a jg S ^ i O Tqgoa^S s^o^cS oaS i 0333 ^ 8
150 T H E U N IO N C IT IZ E N S H IP A C T
Sub-section (1):—
Sub-section (2):—
Under sub-section (3) the first day of April 1955 was the last date
fonmaking the application for those who had already attained the age
of 18 years on that date. Foreigners who w ere born in the Union
and whose parents are permanently residing in the Union may
apply under this sub-section within one year of their attaining the
age of 18 years.
It will be noticed that though m ere birth in the Union does
not confer citizenship on a foreigner, this sub-section gives him
a right to apply for citizenship within a year of his attaining the
age of majority. The only limitations are:-
( i ) both his parents being permanently resident in the Union
or having died while permanently resident therein.
(ii) that he bears a good moral character and.
(iii) is not under a disability.
152 T H E U N IO N C IT IZ E N S H IP 'A C T
12. Hashim Ahm ed Wahid Vs. The Secretary Ministry of Immigration and
National Registration: 1958 B. L. R. 198 S. C.
THE U N IO N C IT IZ E N S H IP A C T 153
This Act was inserted by Act XXIII of 1954 and for those
who had already attained the age of majority, an application under
this section had to be made before 1st April 1955 whereas minors
were required to file the application within a year of their attaining
the age of majority.
( ? ) S!Su! ® S ^ ® q S * 4 f c . a ^ $ « 0?(*>v5
°69!) e § ^ ( 0 ) s ^ GS^o8cq>o8§:aoj£e$oc8^8Ggojaoq:ogSi}8G§3ja>o:
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For those who had already attained the age of majority and
who had acquired citizenship of any foreign country this section
afforded an opportunity to make a declaration renouncing his
foreign national status. This section required such a person to
make the declaration before 1st April 1955. If he has not made such
a declaration he will not be citizen of the Union, because as stated
in section 14 he would have ceased to be a citizen of the Union,
This provision was inserted to avoid dual citizenship.
U Sin Koi, the Tribunal added, had not registered with the
Chinese embassy and had not obtained any passport from that
quarter. He could not, therefore be said to have acquired dual
nationality. So far as the law in force in the Union was concerned,
he would appear to be entitled to the rights and privileges of a
Chinese national only when he obtained a passport from the Chinese
Government or registered himself as a Chinese national with the
Chinese embassy. The moment he obtained such rights he would
be divested of his Burmese citizenship and will cease to be a
member of Parliament. At present the question did not arise and
U Sin Koi was a Burmese citizen.
CAN C IT IZ E N S H IP B E S U R R E N D E R E D , IF SO H O W ?
,: I ' ■{ ' ! : r • •' ' • ••. ■"
A citizen may divest himself of his citizenship by .acquiring-
citizenship of another country or he may make a declaration of
alienage in respect of the Union Citizenship and inform the
Government of his having surrendered his citizenship. Under
section 15 of the Act no person while resident in the Union or
during any war in which the Union may be engaged, shall be
entitled, to divest himself of the citizenship of the Union. Thus a
citizen may not surrender his citizenship so long as he is residing
in the country. He must first leave the country and then divest
himself of his citizenship. Also if the country is at war he cannot
divest himself of his citizenship. This applies to all kinds of citizens
natural born and holders of certificates of citizenship or naturaliza-
ti6 n. As to what happens when a person acquires citizenship'of a1
foreign country see notes under section 4 above under the heading:
When may a person cease to be a citizen. 1
This section and section 14A, which was inserted by Act XXIII
of 1954, are conflicting. Under section 14A (3) a citizen may cease
to be a ' citizen if while resident in the Union, he registers himself
with a foreign embassy as a citizen of a foreign country. But this
section says while resident in the Union he cannot divest himself
of his citizenship of the Union.
127 of this book and the last instance quoted therein refers to
cases where a certificate of citizenship or naturalization is revoked.
Sections 18 and 19 have to be read with section 21A of the Act.
W H E N CAN A C E R T IF IC A T E OF C IT IZ E N S H IP OR A C E R T IF IC A T E OF
N A T U R A L IZ A T IO N B E R E V O K E D ?
g o o o S o o S i q fjjoo£ §suo jc 8 G g o a S c ^o S o o § G ® c |« {£ ii
168 THE U N IO N C IT IZ E N S H IP A C T
°e ?e G iS ® 0 0 0 ^ B ^ o o ^ s c a jo s g s ^ c ^ s t^ g :
g o © O ^ J O I II
T H E U N IO N C IT IZ E N S H IP R E G U L A T IO N S , 1949.
on i i ^ ® ^ § 8goGD(jjosc^ o g 9 g ^ S i @£§GCODSis;§§«o^Sco308§Stf
030^1 ® ^8t}|§8gOGaq|OSO^G8Tq«^ll
ji i^ o ^ M jg s g o G o q o s g o ig a jg —
2. In these regulations —
174 T H E U N IO N C IT IZ E N S H IP R E G U L A T IO N S
( p ) 9 3 6 )1 G C ^ p c S o O O g C X flS l C ^ ^ S « |D 3 G 1 C ^ 9 3 8 g COO 3 3
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6 ^ 9 ' « 9 = ^ 8 £ “ T6<1»&
e g o S s o - .c p ^ o ;. C8 ) GgsglsGOOOSsqb^G^cbH
I
THE U N IO N C IT IZ E N S H IP R E G U L A T IO N S 175
d jie 'lc S ^ S ^ G c r ) j o c D c 8 c g 8 G C t j |o c 8 o o o 8 c ^ ( ^ c o c 8 y c S G C o 5 q 8 8 i( x ; c 8 b c o c 6 o 3 3 ^ c £
c q m 3 |8 ig ^ 9 — 1
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^cS^ooSc^— 311
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|8 c o o o s c o c 8 y c 8 G o : 3 3 8 q |—
THE U N IO N C IT IZ E N S H IP R E G U L A T IO N S 1 79
9.
A Court-fee stamp of the value of K . 2 shall be affixed
..
to every application for a certificate of citizenship
Application to J ,\ .r r P . r
be stam ped or a certiticate oi naturalization or ior revocation,
o f citizenship.
( j) c o p c S o o o so jo o fS i g g o f s o o o t e a o o n ^ s s ^ i ^ ^ E f i e a i S i B ^ K )
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2. D efinitions. 190
R ules 197
THE UNION CITIZENSHIP (ELECTION) R CT, 1948.
(A ct No XXVI of 1948 )
3. Any person
(a) who was born in any of the territories which, at
the time of his birth, was included in His
B ritannic M ajesty's dominions;
(b) who had resided in any of the territories included
in the Union for a period of not less than eight
years in the ten years immediately preceding
either the first day of Jan u ary 1942 or the fourth
day of January 1948;
(c) who is of good ch aracter;
(d) who has not done any act prejudicial to the
security, peace or interest of the Union; and
(e) who is not disqualified as defined in section 2 of
the Union Citizenship Act, 1948, may apply to
the officer in the district in which he resides for
a certificate o f citizenship.
3. 1948 B. L. R. 541 H. C.
4. The Union of Burma. Vs Ebrahim Suleman V ariava: 1952 B. L. R. 6 H. C.
192 T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
5. 1850 B. L. R. 14 H. C.
T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T 193
6. 1950 B. L. R. 53 S. C.
194 th e U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
(5) The certificate shall not take effect unless the applicant
m akes and su b scrib e s the declaration u nd er the last
p re ce d in g section.
196 T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
B efo re th ese am endm ents it was h eld that sectio n 8 (2) did no
p re s c rib e any p e rio d of limitation within w hich the M inister mus
re fe r the application to the High Court, such om ission was d elib erate
T h e refo re th ere is no p e rio d of limitation p re s c rib e d for re fe re n c e
b y the M inister7.
2. In these R u le s: -
.. “A c t” means the Union Citizenship (Election )
Defim ti°n ^
To
The D istrict M agistrate,
2 .____________________________________________________________
( i) I claim that I am entitled to a certificate of citizenship u nd er
sectio n _____________________ of the Union Citizenship Act, 1948,
b e c a u se ________________________________________________________ _
( j) I u nd ertake to b e loyal to the Union of Burma and to take
oath of alleg ian ce to the Union of Burma and to live peacefu lly
and faithfully in the Union of Burma.
206
D eponent
T he ab o v e affidavit was sworn/ affirm ed b e fo re
identified b e fo re m e b y ________ _
M agistrate.
Identified b y m e. D ated :-
To
The D istrict M agistrate,
I D ated:— APPLICANT.
208
Form B
5-----— ------— AFFIDAVIT.
Regulation 9 -----------------------
FOR APPLICATION FOR NATURALIZATION CERTIFICATE UNDER
THE UNION CITIZENSHIP ACT, 1948.
7. I say that I shall re sid e continuously within the Union from the
date of the application for the certificate of naturalization to
the date of grant. And I will ren o u n ce any foreig n national
status to w hich I m ay o riginally b e entitled and I will reside
p eacefu lly and faithfully in the Union of Burma.
8. 1 say that the nam es, sex , p lace of birth and d ates o r approxi
mate dates of birth of m y m inor ch ild ren who a re not already
citizens of tne Union living u nd er m y so le le g a l ch a rg e or in the
209
Deponent.
The above affidavit was duly sworn/affirmed
identified b e fo re m e b y ____________________
M agistrate.
Identified b y m e Dated
Fo rm . S. AFFIDAVIT.
R e g u la tio n 3 -A
UNDER SECTION 6 (2) OF THE UNION CITIZENSHIP ACT.
10. I say that I d ecla re that I elect to retain citizenship of the Union.
13. I say that I have not com m itted any act prejud icial to the
security, p e a ce o r in terest of the Unicn of Burma.
16. I say that I intend to re sid e perm anently within the territories
of the Union of Burma.
16. I say that the nam es, s e x e s, p la ces of birth and dates o r
approxim ate d ates of births of my m inor child ren who a re not
alread y cilizens of the Union living u nd er my so le lawful
guardianship o r u nd er the lawful guardianship of
_______ _ _ o f ____________ _ who is a citizen of the Union a re
as stated b elo w :-
Names. S ex. P lace of birth. Date of birth. R esid en ce.
211
17. I say that the two co p ies of photographs attached herew ith a re
m ine and a re duly sig n ed b y me.
Dated 19
iiForm R.
Regulation 3
NOTICE OF INTENTION TO APPLY FOR NATURALIZATION.
(U uder proviso to sectio n 7 (1 ), Union Citizenshap Act, 1948.)
To
T h e D istrict M agistrate,
(a) I was b o rn at on
(b) I am a _____ national.
(c) I cam e fro m _____ arrivin g Burma on
(d) I h ave re sid ed at within the territo ries
form ing part of the Union of Burma as follows
From to at
212 21 3
Dated APPLICANT.
F ees K /-paid. Official Title
— X—
F o rm H.
—x —
DECLARATION OF ALIENAGE OF FOREIGN NATIONALITY. 1
(Under section 5 (a),5(c),7,8,11(3),12(1) of the Unoin Citizenship Form J.
Act, 1948).
DECLARATION OF ELECTION TO RETAIN UNION CITIZENSHIP.
I, son/daughter of lately
(U n d er section 5(a),5(c), 12(1) of the Union Citizenship Act, 1948)
a ________________ national and on th is____________________ day of
________________ 19 , having b e c o m e a citizen of the Union of
Burma, do d e c la re on oath/affirmation that I do h e r e b y renou nce I, son/daughter of for the
any fo reig n national status to w hich I m ay originally b e entitled, pu rp o ses of assertin g m y Union Citizenship, do d ecla re on
and that I will ow e alleg ian ce to the Union of Burma. oath/affirmation that I ele c t to retain the citizenship of the Union of
Burma.
Deponent. D eponent.
The abo v e d eclaration was sworn/affirmed b e fo re me The ab o v e declaration was sworn/affirmed b e fo re m e
at on th s__________day o f_____________19
on th e_______________day of____________ 19 ( F e e s K. /-paid)
(F e e s K. /- paid at_____________ T reasu ry b y chalan N o.________
d ated
C8 =S
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227
APPENDIX II.
SECTION 2 AND F IR S T S C H E D U L E OF
T H E B U R M A IN D E PEN D EN C E ACT, 1 9 4 7 .
T H E F IR S T S C H E D U IE .
(PERSONS WHO CEASE TO BE BRITISH SUBJECT.)
A. carrier 66,73
cease to be a citizen 21,117,127,
abetment 61.87 153,155,158,162,163,167
accused undergoing sentence 60 ceasing to be employee 15
address, change of 34,35 ceasing to be master of vessel 15
address, absence from 34 certificate of citizenship 97,113,
adjudgment by officer 83 117,173
certificate of naturalization 113,
admission of alien 8 117,125,175
adverse possession 99,101 certficate of registration 32
affidavit 196,205,208,209 certificate, retrospective
alien (see foreigner) 6,7, effect of 97,98,100
alien lives on sufference 72 certificate, production of 34
alien, right to leave 40. change of address 35,212
allowances, hereditary 102. change other than address 35
alter 43,50,88. child 113,115
annex conditions 6. children below 18 32
application for citizenship 173, children of govt servant 44
175,196,203,206 children, names of 144
apply for citizenship 123,130,135, citizen 114,117
144,146,148,152,173 citizen, can’t be deported 79,84
apply for naturalization 130,137, citizen, cease to be 21,47,127,153
142,154,175 155,162,163,173
apply for, how to 131,173,175,203 citizen, constitution 116,117,118,
apprehension 12,15 119
arrest 22,48,55,58,67 citizen, entry without passport 68
82,85 citizen, m ere birth 70,120,123,129
arrest procedure on 12,15 citizen, mistake by 21
arrival, to report 14,30 citizen, recognized 120,123,129
assists 87 citizen section 4 (2) 79
attempt 61 Citizenship Act 112
Citizenship (Election) Act 114,116,
B. 117.119
bail 13,16,55,59. citizenship, apply for 123,130,135,
bar to proceedings 144,146,148,152,173
18.28 citizenship certificate,
benefits out of land 102. 97,113,115,
birth, m ere 70 citizenship, election of117,120,123 114,116,
board, birth on 132 117.119
born outside Union 148,150 of child 144,146,148,150
Brittanic Majesty 112.117,191 ” of minor 144,146,148,150
burden of proof 24,90 ” re-acquire 161
Burma Independence Act 116,227 revocation of 128,163,167
Burma Naturalization Act 142 ” of wife 146
C. ” of woman 146
cancellation of certificate 167,202 commission by foreign court 62
cancel registration 110. commital ....................... 55
caravan traders 44. confiscation ... 106,108,110
232
INDEX
INDEX
0. p e rscrib e d routes 73
P resid en ts pow er 5,8,9,28,59,85
oath . 73
o b jectio n 193 105,108,196
obstruction of 40 p ro ed u re for registration 31
obstructing officers 18,43 production of certificate 34
production of p roof 31
o ffen ces 64,86,87
offen ces at sea 62 prohibition of entry 47,67
old certificate 32 prohibition o f'tra n sfer 98
proof of 24
proof, bu rd en of 90
P.
p roof of fo re ig n e r 5,90
p arent 113,115 p ro o f of identity 34
particulars in passport 49 property, im m oveable 95
particulars of offence 88 property, transfer of 95,100
partition 99,101
p artn ership 96 R.
p a sse n g e r 29,67
p a sse n g e rs, list of 17 races, indigenous 115,116,117,
189
p assport 47,67,68
races, p erso n s of 79
P assport Act 47
re -e n try visa 86
p erio d of validity 33
re fe re n c e to High Court 55
p erm anent hom e 118,120
refusal to rem ov e 13,17
perm ission 103
re g iste red 110
perm it, 67
re g iste re d ad d ress 29,34,35
perm it im m igration 68
registration 102,201
perm it, withdraw 71
registration to can cel 110
p e rso n al covenant 100,107
registration certificate
p erso n 103
loss of 42
p erso n ate 43 34
producfion of
penalty 24,47,86,87,106 42
soiled
penalty for false answ ers 17 37
su rren d e r of
penalty for n eg le ct 18 42
w orn out
penalty for obstructing 18
p etro l pump 102 registration of d ee d 107
political offences 57,59 " of fo reig n ers 4,19,20
possession in contravention 43,50 ” o fficer 30
of passport 47 " p ro ced u re 31
" of perm it 88 rem ov e him self 5
" without cause 43,50 rem oved , to b e 5,48
po w ers of arrest 47 rem oval, after arrest 16
p o w ers of con troller 69 rem oval p o w er of 47
" to exem pt 27,105 renew al, 30 days 33
im m igration officer 20 ren ew al b y fo reig n er 24
p ow er to m ake ru les 23,47,48,63, renew al of p assp crt 47
91,109,169,197 renunciation 201
p ow ers of P resid en t 5,8,9,28,59, rep o rt of a b se n ce 34
85,105,108,1 &6 rep o rt of ad d ress 30
p o w ers of rem oval 47 ” of arrival 14,30
p re sc rib e d 20,67 ” of ch an g e 30,34,35
23 5
INDEX