Third Schedule Singapore Constitution 1963

3rd Schedule to the Constitution of Singapore 1963

(Article 140)
CITIZENSHIP

Minister to exercise functions of Government in respect of citizenship

1. The functions of the Government under Part 10 shall be exercised by such Minister as the President may, from time to time, direct and references in this Schedule to the Minister shall be construed accordingly.

Decision not subject to appeal

2.  A decision of the Government under Part 10 shall not be subject to appeal or review in any court.

Delegation of Minister’s functions to public officer and right of appeal to Minister against public officer’s decision

3. The Minister may delegate to any public officer of the Government any of his functions under Part 10 or under this Schedule relating to citizenship by registration and enrolment and the keeping of registers and, in relation to orders under clauses (1), (2), (3)(b), (6) and (7) of Article 129 or Article 132, any of his functions under Article 133 prior to determining whether to make such an order; but any person aggrieved by the decision of a public officer to whom the functions of the Minister are so delegated may appeal to the Minister.

Power to make rules

4.  The Minister may make rules and prescribe forms for the purpose of the exercise of his functions under Part 10 and of this Schedule and, in particular, may provide for the circumstances (including cases of persons ordinarily resident outside Singapore) under which a committee of inquiry under Article 133 is to proceed by way of written representations.

Extension of time for registration of birth

5.  The power of the Government under Articles 122 and 141 to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected.

How notice to be given

6.  Any notice to be given by the Minister to any person under Article 133(1) may be sent to that person at his last known address or, in the case of a person under the age of 18 years (not being a married woman) to his parent or guardian at the last known address of the parent or guardian; and if an address at which the notice may be sent to any person under this paragraph is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.

Registers to be maintained

7. It shall be the duty of the Minister to compile and maintain —
(a) a register of citizens of Singapore by registration;
(b) a register of citizens of Singapore by naturalisation;
(c) a register of persons to whom certificates of citizenship of Singapore have been issued under Article 138;
(d) a register of persons who have been deprived or deemed to have been deprived of citizenship under any provision of Part 10;
(e) a register of citizens of Singapore who have renounced citizenship;
(f) a register of persons enrolled as citizens before the commencement of this Constitution under Article 56 of the Constitution of the State of Singapore;
(g) a register of persons whose enrolment has been cancelled under the provisions of this Constitution;
(h) an alphabetical index of all persons referred to in paragraphs (a) to (g); and
(i) a register of persons who have been conferred citizenship under Article 121(3).

Minister may correct any register where necessary

8.  If the Minister has reason to believe that an error appears in any register compiled under section 7, he shall, after giving notice to the persons concerned and after considering such representations from him as he may choose to make, make such alteration to the register as appears to the Minister to be necessary to correct the error.

Conclusive evidence

9.  Subject to section 8, the said register shall be conclusive evidence of the matters therein contained.

Offences

10.—(1) It shall be an offence punishable with imprisonment for 2 years or a fine of $1,000 or both for any person —
(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any application under Part 10;
(b) to forge or without lawful authority, alter any certificate or without any lawful authority use or have in his possession any certificate which has been so forged or altered;
(c) to fail to comply with any requirement imposed upon him by any rules made under section 4 with respect to the delivering up of certificates; or
(d) to personate or falsely represent himself to be or not to be a person to whom a certificate has been duly granted.

(2) In this section, “certificate” means —
(a) any certificate of enrolment or registration as a citizen granted under Article 56 of the Constitution of the State of Singapore or under Article 123 or 124;
(b) any certificate of registration of birth granted under Article 122 or 141;
(c) any certificate of registration or naturalisation granted under the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957);
(d) any certificate of citizenship granted under the Singapore Citizenship Ordinance 1957 or Article 138.

Persons born on ships or aircraft

11.  For the purposes of Part 10, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

Posthumous children

12.—(1) A reference in Part 10 to the status or description of a parent of a person at the time of the person’s birth shall, in the case of a parent who died before the birth of the person, be read as a reference to the status or description of the parent at the time of the parent’s death.

(2) Where the death of a parent of a person occurred before and the birth of the person occurred on or after 16 September 1963, the status or description that would have been applicable to the parent by virtue of subsection (1) if the parent had died after that date shall be deemed to be the status or description applicable to the parent at the time of the parent’s death.

Foundlings

13.  Any new born child found exposed in Singapore of unknown and unascertainable parentage shall, until the contrary is proved, be deemed to be a citizen of Singapore by birth; and the date of finding shall be taken to be the date of birth of such child.

Citizenship at birth

14.  For the purposes of Part 10, a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to the proviso to Article 122(1) or otherwise.

Illegitimate children and adopted children

15.—(1) For the purposes of Part 10, references to a person’s father or to his parent or to one of his parents shall, in relation to a person who is illegitimate, be construed as references to his mother.

(2) In relation to an adopted child who has been adopted by an order of a court in accordance with the provisions of any law in force in Singapore, references to a person’s father or to his parent or to one of his parents shall be construed as references to the adopter.

Periods of absence to be treated as periods of residence

16. In calculating for the purposes of Part 10, a period of residence in Singapore —
(a) a period of absence from Singapore of less than 12 months in the aggregate; and
(b) a period of absence from Singapore exceeding 12 months in the aggregate for any cause generally or specially approved by the Government,
may be treated as residence in Singapore and a person shall be deemed to be resident in Singapore on a particular day if he had been resident in Singapore before that day and that day is included in any such period of absence as aforesaid.

Certain period of residence not to be taken into account

17. In calculating for the purposes of Part 10 any period of residence in Singapore, no account shall be taken —
(a) of any period of residence in Singapore whilst a person was or was the member of the family of —
(i) a person recruited outside Singapore serving on full pay in any naval, military or air force other than the naval, military or air force of Singapore; or
(ii) a person recruited outside Singapore serving in a civil capacity in any department of any government operating in Singapore other than a department of the Government;
(b) of any period during which a person was not lawfully resident in Singapore;
(c) of any period spent as an inmate of any prison or as a person detained in lawful custody in any place other than a mental hospital or an approved institution for the purpose of the treatment and rehabilitation of drug addicts under the provisions of any written law; or
(d) except with the consent of the Minister, of any period during which a person is allowed to remain temporarily in Singapore under the authority of any Pass issued under the provisions of any written law relating to immigration.

Discretion of Minister

18.  The Minister shall not be required to assign any reason for the grant or refusal of any application under Part 10 the decision on which is at his discretion; and the decision of the Minister on any such application shall be final.