Malaysia legislation
Section 70
Section 70
(2)
Subject to this section, a person shall be entitled in an East
Malaysian 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 East Malaysian
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
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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 an East Malaysian State to the benefit of this section makes an application to be registered as a citizen 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 an East Malaysian 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 Parts I to VI as if they were citizens.
(5)
For the purpose of determining whether paragraph (2)(b) is satisfied in the case of any person, any question which under the immigration law of the territories comprised in an East Malaysian
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 an East Malaysian 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.
(7)
This section shall not entitle any person for the purpose of reaching an East Malaysian State to enter or remain in any part of Malaysia outside the State otherwise than in accordance with
Parts I to VI, as those Parts apply to persons who are not citizens;
but a person entitled by virtue of this section to enter an East
Malaysian State shall be entitled to receive such Pass to enter a part of Malaysia outside the State as is reasonably required to enable him to do so.
*NOTE—For exercise of powers of Minister in respect of persons in East Malaysian state by the
Federal Secretary or by any person in the state being a member of the Public Services so authorized to do—
see paragraph 6(2)(a) and subsection 6(6)—Immigration (Transitional Provisions) Order 1963
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(8)
For persons entitled to enter an East Malaysian State by virtue of this section regulations under section 54 may, as respects
Certificates of Status and other matters, make special provision different from that made for citizens.
(9)
For purposes of this section residence shall be calculated in like manner as for the purpose of registration as a citizen, and
“child” includes in relation to a woman, an illegitimate child.
Persons to be treated as belonging to East Malaysian State