Brunei Nationality Act · s 5

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5.
Subject of His Majesty by registration
(1) Subject as hereinafter provided a person, not being a minor, born in Brunei Darussalam before, on or after the appointed day, who is not a subject of His Majesty the Sultan and Yang Di-Pertuan, shall be eligible on making application in the prescribed manner to be registered as a subject of
His Majesty the Sultan and Yang Di-Pertuan if he satisfies His Majesty the
Sultan and Yang Di-Pertuan that he —
(a) has within the period of 15 years immediately preceding the date of his application for registration resided in Brunei Darussalam for periods amounting in the aggregate to not less than 12 years; and
(b) has resided in Brunei Darussalam throughout the 2 years immediately preceding the date of his application.

Brunei Nationality
(2) In calculating the period of residence in Brunei Darussalam for the purposes of subsection (1), any period of absence from Brunei
Darussalam —
(a) for purposes of education of such kinds in such countries and during such periods as may from time to time be either generally or specially approved by His Majesty the Sultan and Yang Di-Pertuan in Council* for the purposes of such subsection;
(b) while on duty in the service of His Majesty the Sultan and
Yang Di-Pertuan, where His Majesty the Sultan and Yang Di-Pertuan is satisfied that such period is consistent with essential continuity of residence;
(c) between the 1st day of July 1941 and the 31st day of
December 1946, in the case of a person who was residing in Brunei
Darussalam for a period of 5 years immediately preceding such absence; or
(d) for reasons of health or any other cause prescribed generally or specially by His Majesty the Sultan and Yang Di-Pertuan in
Council*, shall be treated as residence in Brunei Darussalam.
(3) In calculating the period of residence in Brunei Darussalam for the purposes of subsection (1), any period of residence in Brunei
Darussalam —
(a) during which a person was not lawfully resident in Brunei
Darussalam;
(b) spent as an inmate of any prison or as a person detained in lawful custody in any place other than in a mental hospital under the provisions of any written law in Brunei Darussalam; or
* Transferred to His Majesty the Sultan and Yang Di-Pertuan — [S 29/95]

Brunei Nationality

8
(c) during which a person is allowed to remain temporarily in
Brunei Darussalam under the authority of any pass or permit issued under the provisions of any written law in Brunei Darussalam, shall not be treated as residence in Brunei Darussalam:
Provided that the period mentioned in paragraph (c) may be treated as residence with the consent of His Majesty the Sultan and Yang Di-Pertuan in
Council*.
(4) For the purposes of this Act, a person shall be deemed to be resident in Brunei Darussalam on a particular day if he had been resident in
Brunei Darussalam before that day and that day is included in any such period of absence as is referred to in subsection (2).
(5) No person shall be eligible to be registered under subsection (1)
unless —
(a) His Majesty the Sultan and Yang Di-Pertuan is satisfied that he has been examined by a Language Board and such Board has advised His Majesty the Sultan and Yang Di-Pertuan that he —
(i) has a knowledge of the Malay language to such a degree of proficiency as may be prescribed; and
(ii) is able to speak the Malay language with proficiency or is unable to speak such language with proficiency by reason of a physical impediment or an impediment of speech or hearing;
(b) His Majesty the Sultan and Yang Di-Pertuan is satisfied that he is of good character; and
(c) he has taken the oath in the form set out in the Second
Schedule.
* Transferred to His Majesty the Sultan and Yang Di-Pertuan — [S 29/95]

Brunei Nationality
(6) Subject as hereinafter provided a woman who —
(a) is not a subject of His Majesty the Sultan and Yang
Di-Pertuan; and
(b) is or has been married to a subject of His Majesty the Sultan and Yang Di-Pertuan, shall, on making application therefor to His Majesty the Sultan and Yang
Di-Pertuan in the prescribed manner, be eligible to be registered as a subject of His Majesty the Sultan and Yang Di-Pertuan, whether or not she is of full capacity:
Provided that no woman shall be eligible to be registered under this subsection —
(A) unless she —
(i) satisfies His Majesty the Sultan and Yang Di-Pertuan that she is of good character; and
(ii) has taken the oath in the form set out in the Second
Schedule; or
(B) if at the time of her application she has ceased to be married to a subject of His Majesty the Sultan and Yang Di-Pertuan and has married a man who is not a subject of His Majesty the Sultan and
Yang Di-Pertuan.
(7) A person who has renounced, or has been deprived of, the status of a subject of His Majesty the Sultan and Yang Di-Pertuan conferred by or under this Act, shall not be eligible to be registered as a subject of
His Majesty the Sultan and Yang Di-Pertuan under this section, but may be so registered with the approval of His Majesty the Sultan and Yang
Di-Pertuan.

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s 5Subject of His Majesty by registration

(1)

Subject as hereinafter provided a person, not being a minor, born in Brunei Darussalam before, on or after the appointed day, who is not a subject of His Majesty the Sultan and Yang Di-Pertuan, shall be eligible on making application in the prescribed manner to be registered as a subject of

His Majesty the Sultan and Yang Di-Pertuan if he satisfies His Majesty the

Sultan and Yang Di-Pertuan that he —

(a)

has within the period of 15 years immediately preceding the date of his application for registration resided in Brunei Darussalam for periods amounting in the aggregate to not less than 12 years; and

(b)

has resided in Brunei Darussalam throughout the 2 years immediately preceding the date of his application.

Brunei Nationality

(2)

In calculating the period of residence in Brunei Darussalam for the purposes of subsection (1), any period of absence from Brunei

Darussalam —

(a)

for purposes of education of such kinds in such countries and during such periods as may from time to time be either generally or specially approved by His Majesty the Sultan and Yang Di-Pertuan in Council* for the purposes of such subsection;

(b)

while on duty in the service of His Majesty the Sultan and

Yang Di-Pertuan, where His Majesty the Sultan and Yang Di-Pertuan is satisfied that such period is consistent with essential continuity of residence;

(c)

between the 1st day of July 1941 and the 31st day of

December 1946, in the case of a person who was residing in Brunei

Darussalam for a period of 5 years immediately preceding such absence; or

(d)

for reasons of health or any other cause prescribed generally or specially by His Majesty the Sultan and Yang Di-Pertuan in

Council*, shall be treated as residence in Brunei Darussalam.

(3)

In calculating the period of residence in Brunei Darussalam for the purposes of subsection (1), any period of residence in Brunei

Darussalam —

(a)

during which a person was not lawfully resident in Brunei

Darussalam;

(b)

spent as an inmate of any prison or as a person detained in lawful custody in any place other than in a mental hospital under the provisions of any written law in Brunei Darussalam; or

* Transferred to His Majesty the Sultan and Yang Di-Pertuan — [S 29/95]

Brunei Nationality

(c)

during which a person is allowed to remain temporarily in

Brunei Darussalam under the authority of any pass or permit issued under the provisions of any written law in Brunei Darussalam, shall not be treated as residence in Brunei Darussalam:

Provided that the period mentioned in paragraph (c) may be treated as residence with the consent of His Majesty the Sultan and Yang Di-Pertuan in

Council*.

(4)

For the purposes of this Act, a person shall be deemed to be resident in Brunei Darussalam on a particular day if he had been resident in

Brunei Darussalam before that day and that day is included in any such period of absence as is referred to in subsection (2).

(5)

No person shall be eligible to be registered under subsection (1)

unless —

(a)

His Majesty the Sultan and Yang Di-Pertuan is satisfied that he has been examined by a Language Board and such Board has advised His Majesty the Sultan and Yang Di-Pertuan that he —

(i)

has a knowledge of the Malay language to such a degree of proficiency as may be prescribed; and

(ii)

is able to speak the Malay language with proficiency or is unable to speak such language with proficiency by reason of a physical impediment or an impediment of speech or hearing;

(b)

His Majesty the Sultan and Yang Di-Pertuan is satisfied that he is of good character; and

(c)

he has taken the oath in the form set out in the Second

Schedule.

* Transferred to His Majesty the Sultan and Yang Di-Pertuan — [S 29/95]

Brunei Nationality

(6)

Subject as hereinafter provided a woman who —

(a)

is not a subject of His Majesty the Sultan and Yang

Di-Pertuan; and

(b)

is or has been married to a subject of His Majesty the Sultan and Yang Di-Pertuan, shall, on making application therefor to His Majesty the Sultan and Yang

Di-Pertuan in the prescribed manner, be eligible to be registered as a subject of His Majesty the Sultan and Yang Di-Pertuan, whether or not she is of full capacity:

Provided that no woman shall be eligible to be registered under this subsection —

(A)

unless she —

(i)

satisfies His Majesty the Sultan and Yang Di-Pertuan that she is of good character; and

(ii)

has taken the oath in the form set out in the Second

Schedule; or

(B)

if at the time of her application she has ceased to be married to a subject of His Majesty the Sultan and Yang Di-Pertuan and has married a man who is not a subject of His Majesty the Sultan and

Yang Di-Pertuan.

(7)

A person who has renounced, or has been deprived of, the status of a subject of His Majesty the Sultan and Yang Di-Pertuan conferred by or under this Act, shall not be eligible to be registered as a subject of

His Majesty the Sultan and Yang Di-Pertuan under this section, but may be so registered with the approval of His Majesty the Sultan and Yang

Di-Pertuan.