Selangor Nationality Enactment 1952

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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