PART X | Status of citizen of Singapore |
120.—(1) There shall be a status known as citizen of Singapore.(2) The status of a citizen of Singapore may be acquired —| (a) | by birth; | | (b) | by descent; | | (c) | by registration or, before the commencement of this Constitution, by enrolment; or | | (d) | by naturalisation. |
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121.—(1) Subject to this Article, every person born in Singapore after 16th September 1963 shall be a citizen of Singapore by birth.(2) A person shall not be a citizen of Singapore by virtue of clause (1) if at the time of his birth —| (a) | his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; | | (b) | his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or | | (c) | neither of his parents was a citizen of Singapore. |
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| (3) Notwithstanding clause (2)(c), the Government may, where it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore. |
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122.—(1) Subject to clauses (2) and (3), a person born outside Singapore after 16th September 1963 shall be a citizen of Singapore by descent if, at the time of his birth —| (a) | where the person is born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore, by birth or registration; and | | (b) | where the person is born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore, by birth, registration or descent. |
(2) A person born outside Singapore shall not be a citizen of Singapore by descent by virtue of clause (1) unless —| (a) | his birth is registered in the prescribed manner at the Registry of Citizens or at a diplomatic or consular mission of Singapore within one year, or such longer period as the Government permits, after its occurrence; and | | (b) | he would not acquire the citizenship of the country in which he was born by reason of his birth in that country where —| (i) | in the case of a person born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore by registration at the time of his birth; or | | (ii) | in the case of a person born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore by registration at the time of his birth. |
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(3) Without prejudice to clause (2), a person born outside Singapore of a father or mother who is a citizen by descent at the time of his birth shall not be a citizen of Singapore by descent by virtue of clause (1) unless the parent who is the citizen by descent has lawfully resided in Singapore —| (a) | for a period of, or for periods amounting in the aggregate to, not less than 5 years before that person’s birth; or | | (b) | for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that person’s birth. |
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| (4) A person who, being a minor, becomes a citizen of Singapore by descent shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule and where the Government so requires divests himself of any foreign citizenship or nationality. [12/2004 wef 15/05/2004] |
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| Citizenship by registration |
123.—(1) Subject to the provisions of this Constitution, any person resident in Singapore of or over the age of 21 years may, on application being made therefor in the prescribed form, be registered as a citizen of Singapore if he satisfies the Government that he —| (a) | is of good character; | | (b) | has resided in Singapore throughout the 12 months immediately preceding the date of his application; | | (c) | has during the 12 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 10 years:| Provided that the Government may exempt any applicant from compliance with this paragraph — |
| (i) | where such applicant has during the 6 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 5 years; or | | (ii) | where in any special case the Government considers fit to confer citizenship upon such applicant; |
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| | (d) | intends to reside permanently in Singapore; and | | (e) | has an elementary knowledge of one of the following languages, namely, Malay, English, Mandarin and Tamil:| Provided that the Government may exempt an applicant who has attained the age of 45 years or who is deaf or dumb from compliance with this paragraph. |
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(2) Subject to the provisions of this Constitution, any woman who is married to a citizen of Singapore may, on making application therefor in the prescribed manner, be registered as a citizen of Singapore if she satisfies the Government —| (a) | that she has resided continuously in Singapore for a period of not less than 2 years immediately preceding the date of the application; | | (b) | that she intends to reside permanently in Singapore; and | | (c) | that she is of good character. |
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124.—(1) The Government may if satisfied that a child under the age of 21 years —| (a) | is the child of a citizen of Singapore; and | | (b) | is residing in Singapore, |
| cause such child to be registered as a citizen of Singapore on application being made therefor in the prescribed manner by the parent or guardian of such child. |
| (2) The Government may, in such special circumstances as it thinks fit, cause any child under the age of 21 years to be registered as a citizen of Singapore. |
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| 125. Subject to Article 126, a person registered as a citizen of Singapore under Article 123 or 124 shall be a citizen of Singapore from the date on which he is so registered. |
| General provisions as to registration |
126.—(1) No person shall be registered as a citizen of Singapore under Article 123 until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.| (2) Except with the approval of the Government, no person who has renounced or has been deprived of citizenship of Singapore under this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) shall be registered as a citizen of Singapore under the provisions of this Constitution. |
| (3) Any person who becomes a citizen of Singapore by registration under section 13 of the Singapore Citizenship Ordinance 1957 or Article 124 shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule. |
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| Citizenship by naturalisation |
127.—(1) Subject to clause (4), the Government may, upon application made by any person of or over the age of 21 years who is not a citizen of Singapore, grant a certificate of naturalisation to that person if the Government is satisfied —| (a) | that he has resided in Singapore for the required periods and intends, if the certificate is granted, to do so permanently; | | (b) | that he is of good character; and | | (c) | that he has an adequate knowledge of the national language. |
| (2) The periods of residence in Singapore or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than 10 years in the 12 years immediately preceding the date of the application for the certificate and which include the 12 months immediately preceding that date. |
| (3) A person to whom a certificate of naturalisation is granted shall be a citizen of Singapore by naturalisation from the date on which the certificate is granted. |
| (4) No certificate of naturalisation shall be granted to any person until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule. |
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| Renunciation of citizenship |
128.—(1) Any citizen of Singapore of or over the age of 21 years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of Singapore by declaration registered by the Government, and shall upon such registration cease to be a citizen of Singapore.(2) The Government may withhold the registration of a declaration under this Article —| (a) | if the declaration is made during any war in which Singapore is engaged; or | | (b) | if the declaration is made by a person subject to the Enlistment Act (Cap. 93) unless he has —| (i) | discharged his liability for full-time service under section 12 of that Act; | | (ii) | rendered at least 3 years of operationally ready national service under section 13 of that Act in lieu of such full-time service; or | | (iii) | complied with such conditions as may be determined by the Government. |
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| (3) This Article applies to a woman under the age of 21 years who has been married as it applies to a person of or over that age. |
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| Deprivation of citizenship |
129.—(1) A citizen of Singapore who is a citizen by registration or by naturalisation shall cease to be such a citizen if he is deprived of his citizenship by an order of the Government made in accordance with this Article.(2) The Government may, by order, deprive any such citizen of his citizenship if the Government is satisfied that the registration or the certificate of naturalisation —| (a) | was obtained by means of fraud, false representation or the concealment of any material fact; or | | (b) | was effected or granted by mistake. |
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(3) The Government may, by order, deprive of his citizenship —| (a) | any person who is a citizen of Singapore by naturalisation if the Government is satisfied —| (i) | that he has shown himself by act or speech to be disloyal or disaffected towards Singapore; or | | (ii) | that he has, during any war in which Singapore is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or |
| | (b) | any citizen of Singapore by registration or by naturalisation if the Government is satisfied —| (i) | that he has, within the period of 5 years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than one year or to a fine of not less than $5,000 or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced; or | | (ii) | that he has, at any time after registration or naturalisation, been engaged in any activities which are prejudicial to the security of Singapore, or the maintenance of public order therein, or the maintenance therein of essential services, or in any criminal activities which are prejudicial to the interests of public safety, peace or good order. |
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(4) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that, without the Government’s approval, he has accepted, served in or performed the duties of any office, post or employment under the government of any foreign country or any political subdivision thereof, or under any agency of such a government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:| Provided that a person shall not be deprived of his citizenship under this clause by reason of anything done before the commencement of this Constitution notwithstanding that he was at the time a citizen of Singapore. |
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(5) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that he has been ordinarily resident in foreign countries for a continuous period of 5 years and during that period has neither —| (a) | been at any time in the service of Singapore or of an international organisation of which the Government was a member; nor | | (b) | registered annually at a consulate of Singapore his intention to retain his citizenship. |
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| (6) The Government may, by order, deprive of her citizenship any woman who is a citizen of Singapore by registration under Article 123(2) if the Government is satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of 2 years beginning with the date of the marriage. |
| (7) No person shall be deprived of his citizenship under this Article or under Article 130 unless the Government is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Singapore; and no person shall be deprived of his citizenship under clause (2)(b) or clause (3)(a) or (b) (i) or under clause (4) or (5) or under Article 130 if the Government is satisfied that as a result of the deprivation he would not be a citizen of any country. |
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| Deprivation of citizenship of child of person losing citizenship |
130. Where a person has —| (a) | renounced his citizenship; or | | (b) | been deprived of his citizenship under Article 129(2)(a) or 134(1)(a), |
| the Government may, by order, deprive of his citizenship any child of that person under the age of 21 years who has been registered as a citizen of Singapore pursuant to this Constitution and was so registered as being the child of that person or of that person’s wife or husband. |
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| General provisions as to loss of citizenship |
| 131. Renunciation or deprivation of citizenship of Singapore shall not discharge a person from liability in respect of anything done or omitted to be done before he ceased to be a citizen of Singapore. |
| Cancellation of enrolment as citizen |
132.—(1) Where a person has been enrolled as a citizen of Singapore before the commencement of this Constitution and the Government is satisfied that the enrolment —| (a) | was obtained by means of fraud, false representation or the concealment of any material fact; or | | (b) | was effected by mistake, |
| the Government may, by order, cancel the enrolment. |
| (2) Where under this Article a person’s enrolment as a citizen of Singapore is cancelled, that shall not discharge him from liability in respect of anything done or omitted to be done before the cancellation. |
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| Procedure for deprivation |
133.—(1) Before making an order under Article 129, 132, 134 or 135, the Government shall give the person, against whom the order is proposed to be made, notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.| (2) If any person to whom such notice is given applies within such time as may be prescribed to have the case referred to a committee of inquiry, the Government shall, and in any other case may, refer the case to a committee of inquiry consisting of a Chairman, who shall be a person qualified to be appointed as a Judge of the Supreme Court, and 2 other members chosen from a panel to be appointed by the Government in that behalf. |
| (3) The committee of inquiry shall, on such reference, hold an inquiry in such manner as may be prescribed and submit a report to the Government and the Government shall have regard to such report in making the order. |
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| Deprivation of citizenship on acquisition of foreign citizenship |
134.—(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that —| (a) | he has, while of or over the age of 18 years, at any time after 6th April 1960 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore or having so acquired such citizenship before the age of 18 years continues to retain it after that age; or | | (b) | the citizen, being a woman who is a citizen of Singapore by registration under Article 123(2), has acquired the citizenship of any country outside Singapore by virtue of her marriage to a person who is not a citizen of Singapore. |
| (2) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order. |
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| Deprivation of citizenship on exercise of rights of foreign nationals, etc. |
135.—(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that —| (a) | he has, while of or over the age of 18 years, at any time after 6th April 1960 voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country; | | (b) | he has, while of or over the age of 18 years, at any time after 6th April 1960 applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document; or | | (c) | he is of or over the age of 18 years and has, whether before or after attaining the age of 18 years, been ordinarily resident outside Singapore for a continuous period of 10 years (including any period of residence outside Singapore before 2nd January 1986) and has not at any time —| (i) | during that period or thereafter entered Singapore by virtue of a certificate of status or travel document issued by the competent authorities of Singapore; or | | (ii) | during that period been in the service of the Government or of an international organisation of which Singapore is a member or of such other body or organisation as the President may, by notification in the Gazette, designate. |
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| (2) For the purposes of clause (1)(a), the exercise of a vote in any political election in a place outside Singapore shall be deemed to be the voluntary claim and exercise of a right available under the law of that place. |
| (3) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order. |
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| Termination of citizenship of Malaysia |
| 136. Where a person who was a citizen of Singapore had renounced his citizenship of Malaysia or been deprived of his citizenship of Malaysia by the government of Malaysia before the commencement of this Constitution, such person shall be deemed to have renounced or been deprived of his citizenship of Singapore under this Constitution and to have ceased to be a citizen of Singapore. |
| Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship |
137.—(1) Where a person has been deprived of his citizenship or his enrolment as a citizen has been cancelled under the provisions of this Part, the Government may, by order, deprive of his citizenship or, as the case may be, cancel the enrolment of any child of that person under the age of 21 years who has been registered or enrolled as a citizen under the provisions of this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) and was so registered or enrolled as being the child of that person or of that person’s wife or husband.| (2) No person shall be deprived of his citizenship under clause (1) unless the Government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of his citizenship under clause (1) if the Government is satisfied that as a result of such deprivation he would not be a citizen of any country. |
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| Grant of certificate of citizenship in cases of doubt |
138. Upon application made in that behalf in the prescribed manner, the Government may grant in the form prescribed a certificate of citizenship to a person with respect to whose citizenship a doubt exists, whether of fact or of law:| Provided that where the Government is satisfied that such a certificate was obtained in circumstances set out in Article 132(1) (a) or (b), the Government may, by order, cancel such certificate. |
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139.—(1) In accordance with the position of Singapore within the Commonwealth, every person who is a citizen of Singapore enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.| (2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen. |
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| Application of Third Schedule |
| 140. Until the Legislature otherwise provides by law, the supplementary provisions contained in the Third Schedule shall have effect for the purposes of this Part. |
141.—(1) The Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) is hereby repealed.| (2) Any person who immediately before 16th September 1963 was, by virtue of the Singapore Citizenship Ordinance 1957, a citizen of Singapore by birth, descent, registration or naturalisation, shall as from that date continue, subject to the provisions of this Constitution, to possess that status. |
| (3) Where a person would have been a citizen of Singapore by descent immediately before 16th September 1963 if his birth had been registered under the provisions of the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957), he shall become a citizen of Singapore by descent if his birth is registered at a consulate of Singapore or with the Government in the prescribed manner within one year of its occurrence or, with the permission of the Government, later. |
| (4) Notwithstanding the repeal of the Singapore Citizenship Ordinance 1957, where a person who has become a citizen of Singapore was liable in respect of things done before 16th September 1963 to be deprived of that status under the Ordinance, then the Government may, by order, deprive him of his citizenship, if proceedings for that purpose are begun during the period of 2 years after that date. |
| (5) Where a person is liable to be deprived of citizenship under clause (4) and proceedings had before 16th September 1963 been begun to deprive him of citizenship of Singapore under the provisions of the Singapore Citizenship Ordinance 1957, those proceedings shall be treated as proceedings to deprive him of citizenship under that clause and shall be continued as such in accordance with the provisions of the Singapore Citizenship Ordinance 1957 in force immediately before that date. |
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