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8. Subject of His Majesty by naturalisation

(1)

His Majesty the Sultan and Yang Di-Pertuan may, if application therefor is made to him in the prescribed manner by any person who is not a subject of His Majesty the Sultan and Yang Di-Pertuan and who is of full capacity, grant to such person a certificate of naturalisation if he satisfies

His Majesty the Sultan and Yang Di-Pertuan that he —

(a)

has within the period of 25 years immediately preceding the date of his application resided in Brunei Darussalam for periods amounting in the aggregate to not less than 20 years;

(b)

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

(c)

is of good character;

(d)

is not likely to become a charge on Brunei Darussalam;

(e)

has been examined by a Language Board and such Board is satisfied that he —

(i)

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

Brunei Nationality

(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; and

(f)

has made a declaration that he intends, in the event of a certificate being granted to him, to settle permanently in Brunei

Darussalam.

(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.

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

Brunei Nationality

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(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 other place other than in a mental hospital under the provisions of any written law in Brunei Darussalam; or

(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)

The person to whom a certificate of naturalisation is granted under this section shall, on taking the oath in the form set out in the Second

Schedule, be a subject of His Majesty the Sultan and Yang Di-Pertuan by naturalisation as from the date on which that certificate is granted.

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