Section 2
of Native Courts Declaration Native Rules 1958 Reprinted 1974
Section 2
(1)
Any application to a Native Court under the provisions of subsection (1) of section 3 of the Interpretation (Definition of Native) Ordinance [Cap. 64.] shall be substantially in Form I in the Schedule.
(2)
Any declaration made by a Native Court in exercise of the jurisdiction conferred upon it by subsection (2) of section 3 of the Interpretation (Definition of Native) Ordinance shall be substantially in Form II in the Schedule and shall be scrutinised and countersigned by the District Officer.
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FORM I
APPLICATION TO A NATIVE COURT BY PERSON
CLAIMING TO BE A NATIVE
I, (1) …………………………………………………………………………………………………
at present living at (2) ………………………………………………………………………………….
in the District of (3) …………………………………………………………………………………….
hereby apply to the Native Court at (4) ……………………………………………………………
…………………………………………………for a declaration under section 3 (1) (a) (b) (c) (d)*
of the Interpretation (Definition of Native) Ordinance.
*(a) that (5) ………………………………………………………………………………………
is recognised by native law and customs as my parent
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the child of *
(b) that I am, and am living as a member of the native community of (7)
………………….……………………………. (and I have so lived during the period(s) (8)
…………………………………….. and that while so living I have been of good character)*;
(c) that I am a member of the Suluk/Kagayan/Simonol/Sibutu/Ubian people*/a people indigenous to ……………………………………………………………………………………….. to wit …………………………………………………………….…………………………………………*
*(d) that (9) …………………………………………………………………………………… is/
was* a member of the Suluk/Kagayan/Simonol/Sibutu/Ubian people/a people indigenous to the State of Sarawak/State of Brunei*, and lives/lived* at (10) ………………………. (and is known or reputed to be buried at (11) ………………………..………………………………….)* in
Sabah;
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No. …………………………. dated ……………………………… issued at ………………………
…………………………………………………….
……………..……………………..
Signature of Applicant.
*Cross out word(s) not applicable.
NOTES
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FORM II
DECLARATION BY A NATIVE COURT
In the matter of section 3 of the Interpretation (Definition of Native) Ordinance, Cap. 64, and in the matter of the claim of ……………………………………………………………………...
to be a native.
In the Native Court at ……………………………………………………………………………