Interpretation Definition Native Ordinance Cap 64

any person both of whose parents are or were members of a people indigenous to Sabah; or

any person ordinarily resident in Sabah and being and living as a member of a native community, one at least of whose parents or ancestors is or was a native within the meaning of paragraph (a) hereof; or

any person who is ordinarily resident in Sabah, is a member of the Suluk,

Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the State of Sarawak or the State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63 [Act 155.]:

Provided that if one of such person's parents is or was a member of any such people and either lives or if deceased is buried or reputed to be buried in Sabah, then the qualifying period shall be reduced to two years;

or

any person who is ordinarily resident in Sabah, is a member of a people indigenous to the Republic of Indonesia or the Sulu group of islands in the

Philippine Archipelago or the States of Malaya or the Republic of

Singapore, has lived as and been a member of a native community for a continuous period of five years immediately preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the

Immigration Act, 1959/63 [Act 155.].

“ancestor” means progenitor in the direct line other than a parent;

“native community” means any group or body of persons the majority of whom are natives within the meaning of paragraph (a) of subsection (1)

3

and who live under the jurisdiction of a Local Authority established under the provisions of the Rural Government Ordinance* [Cap. 132.] or of a

Native Chief or Headman appointed under the provisions of that

Ordinance;

“parent” includes any person recognised as a parent under native law or custom.

, (c) and (d) of subsection (1) shall be recognised as valid unless supported by an appropriate declaration made by a Native Court under section 3.

Powers of Native Courts.

†3.

that such person is recognised by native law and custom as the parent or child, as the case may be, of any other person; or

that such person is a member of a native community, has so lived during any stated period, and while so living has borne a good character; or

that such person is a member of a people named in paragraphs (c) or (d)

of subsection (1) of section 2; or

that a parent of such person is or was a member of a people named in paragraph (c) of subsection (1) of section 2 and living, or if deceased is buried or reputed to be buried, in Sabah.