Singapore Citizenship Rules - Singapore Statutes Online

Constitution of the Republic of Singapore

(Article 140 and Third Schedule, Section 4)

Singapore Citizenship Rules

R 1

G.N. No. S 152/1985

REVISED EDITION 1999

(1st July 1999)

[1st June 1985]

Citation

1. These Rules may be cited as the Singapore Citizenship Rules.

Definition

2.—(1) In these Rules, unless the context otherwise requires, “Registrar” means the Registrar of Citizens appointed under rule 3 and includes a Deputy or an Assistant Registrar of Citizens.

(2) In these Rules, any reference to an Article by number shall be construed as a reference to the Article of that number in the Constitution.

Appointments of Registrar, Deputy and Assistant Registrars of Citizens

3. The Minister may appoint a Registrar of Citizens and such number of Deputy and Assistant Registrars of Citizens as he considers necessary to carry out the purposes of Part X of and the Third Schedule to the Constitution.

Application for citizenship

4. An application under —

(a)	Article 121 (3) for conferment of citizenship upon a person born in Singapore;
(b)	Article 122 (1) for registration of the birth of a person born outside Singapore on or after the commencement of the Constitution;
(c)	Article 123 (1) by a person for registration as a citizen of Singapore;
(d)	Article 123 (2) by a woman who is married to a citizen of Singapore, for registration as a citizen of Singapore;
(e)	Article 124 for the registration of a child below the age of 21 years as a citizen of Singapore;
(f)	Article 127 (1) for the grant of citizenship by naturalisation;
(g)	Article 138 for the grant of a certificate of citizenship; or
(h)	Article 141 (3) for the registration of the birth of a person born outside Singapore before the commencement of the Constitution,

shall be made respectively in the Forms set out in the First Schedule and submitted to the Registrar or, if the applicant is residing outside Singapore, to the nearest diplomatic or consular mission of Singapore .

Citizenship certificate

5. A certificate of citizenship granted to a person —

(a)	who is a citizen by conferment under Article 121(3);
(b)	who is a citizen by descent under Article 122(1);
(c)	who is a citizen by registration under Article 123 or 124;
(d)	who is a citizen by naturalisation under Article 127;
(e)	with respect to whose citizenship a doubt exists, under Article 138; or
(f)	whose birth is registered under Article 141(3),

shall be in the Form set out in the Second Schedule.

Advisory committee to consider applications for citizenship

6. The advisory committee, appointed under section 18(2) of the Third Schedule to the Constitution, shall consider such applications for citizenship as the Minister may refer to it and shall report to the Minister on those applications.

Meetings of advisory committee

7.—(1) For the purpose of considering applications for citizenship, the advisory committee shall meet as often as it considers necessary and in such places as the Minister may direct.

(2) The advisory committee shall hold its meetings in private.

Reports, information or evidence before advisory committee to be secret

8.—(1) When considering an application for citizenship, the advisory committee shall have regard to any written or other report, information or evidence which may, by the direction of the Minister, be placed before the advisory committee.

(2) Any such written or other report, information or evidence shall be kept secret and shall not be disclosed to any unauthorised person.

Report of advisory committee not to be disclosed

9. The report of the advisory committee to the Minister shall be secret and shall not be disclosed to any unauthorised person.

Notice of deprivation of citizenship

10.—(1) Any person to whom a notice under Article 133(1) is given shall apply within 21 days to have his case referred to a committee of inquiry under Article 133(2).

(2) The committee of inquiry (referred to in these Rules as the committee) to which a case is referred under Article 133 shall, before it holds its inquiry, cause to be given to the person against whom an order is proposed to be made under Article 129, 132, 134 or 135, a notice stating the nature of the inquiry, the time and place of the inquiry and —

(a)	where the person is in Singapore or ordinarily resident in Singapore, informing him of his right to be present at the inquiry and to be represented by an advocate and solicitor;
(b)	where the person is not in Singapore and not ordinarily resident in Singapore, informing him of his right to submit written representations and to be represented by an advocate and solicitor.

(3) Any such notice to be given by the committee to any person under this rule may —

(a)	be served on that person;
(b)	be sent to that person at his last known address;
(c)	in the case of a person below the age of 18 years (not being a married woman), be sent to his parent or guardian at the last known address of his parent or guardian; or
(d)	if an address at which notice may be sent is not known and cannot after reasonable inquiry be ascertained, be given by publication in the Gazette.

(4) The committee may, in any case where the notice has been given in accordance with paragraph (3), proceed to hold that inquiry in the absence of the person against whom an order is proposed to be made under Article 129, 132, 134 or 135.

(5) Such notice shall be given not less than 14 days before the holding of the inquiry.

(6) Such notice may require the person or his parent or guardian, as the case may be, to submit in writing to the committee any information, verified in such manner as may be directed, which the committee considers material to the inquiry.

Committee to submit report to Minister after inquiry

11.—(1) The committee shall inquire into the grounds upon which the Minister proposes to make an order under Article 129, 132, 134 or 135 and the reasons, if any, advanced by or on behalf of the person against whom the order is proposed to be made as to why the order should not be made against him.

(2) The committee shall, after such inquiry, submit its report to the Minister.

(3) The chairman of the committee shall, if so required by the Minister, also furnish in writing his opinion on any question of law which may be relevant to the facts of the case, or on such specific questions of law relating to the case as the Minister may require.

Proceedings of committee of inquiry

12.—(1) The committee may, when carrying out functions under these Rules —

(a)	act upon any information which is made available to it, whether or not such information is given on oath or would be admissible as evidence if given in court;
(b)	issue a notice calling upon a person to appear before the committee to give any information which he can furnish or to produce any document which is in his possession, custody or power relating to matters in question before the committee; and
(c)	require any person to give evidence before it on oath or affirmation.

(2) The committee may postpone or adjourn the inquiry from time to time.

(3) The committee may allow or refuse to allow the public or any member thereof to be present during the whole or any part of the inquiry.

(4) The committee shall, subject to these Rules, determine its own procedure.

(5) For the purpose of carrying out its functions, the committee may administer oaths and affirmations.

Representation at committee of inquiry

13.—(1) Subject to paragraph (2), a person against whom an order is proposed to be made under Article 129, 132, 134 or 135 shall, at the inquiry held by the committee, be entitled to —

(a)	appear in person;
(b)	be represented by an advocate and solicitor; or
(c)	be represented by his parent or guardian if he is below the age of 18 years.

(2) Paragraph (1)(a) shall not apply to any case where the person against whom an order is proposed to be made under Article 129, 132, 134 or 135 is not in Singapore and not ordinarily resident in Singapore.

(3) The committee may receive such written representations and documentary and other evidence as may be submitted by such person.

(4) The Registrar and a representative appointed by the Minister shall be entitled to be present at the inquiry.

Circumstances whereby name of person may be struck off from register

14. The Registrar shall strike off the name of any person from the register of citizens of Singapore if —

(a)	he has ceased to be a citizen of Singapore by virtue of Article 122 (2), 126(3), 136 or 138;
(b)	he has made a declaration of renunciation of citizenship and the declaration was registered under Article 128;
(c)	an order has been made under Article 129, 130, 134, 135 or 137 depriving him of his Singapore citizenship; or
(d)	an order has been made under Article 132 or 137 cancelling his enrolment as a citizen of Singapore.

Cancellation of certificate of citizenship

15.—(1) Where a person has ceased to be a citizen of Singapore, such person shall, if so required by notice in writing given by the Registrar, deliver up to the Registrar within such time as may be specified in the notice any certificate of citizenship issued to him.

(2) The Registrar shall cancel the certificate when it is delivered to him.

Form of application or declaration

16. Where a person wishes to make any application or declaration under any of these Rules and the form as required by the Minister referred to in the rule is, in the opinion of the Registrar, unsuitable to the pertinent case, the Registrar may authorise the application or declaration to be made in some other form.

Loss, etc., of certificate

17.—(1) Where a certificate of citizenship issued under the repealed Singapore Citizenship Ordinance 1957 (Ord. 35/57) or the Constitution is lost, destroyed or defaced, the person to whom the certificate relates shall forthwith notify the Registrar.

(2) A replacement certificate in the Form set out in the Third Schedule shall be issued on such condition or conditions as may be imposed by the Registrar in place of the one lost, destroyed or defaced.

(3) Any person who finds any certificate issued under the repealed Singapore Citizenship Ordinance 1957 or the Constitution shall forthwith deliver it to the Registrar or to any police station.

Alteration or amendment of certificate

18.—(1) Any person who has in his possession a certificate of citizenship containing particulars which are incorrect or which he knows are incorrect shall forthwith report the fact to the Registrar.

(2) The Registrar may, if he is satisfied that any particulars on any certificate of citizenship are incorrect, alter or amend the certificate or may on such conditions as he may impose issue a new certificate to replace the certificate containing the incorrect particulars.

Procedure for making declaration or oath

19.—(1) A declaration made in accordance with these Rules or the Oath of Renunciation, Allegiance and Loyalty required by Articles 122(2), 126(1) and (3) and 127(4) shall be of no effect unless it is made in the prescribed form and signed in the presence of or administered by one of the following persons:

(a)	if it is made in Singapore, any Justice of the Peace or any person authorised to administer oaths; or
(b)	if it is made elsewhere, any diplomatic or consular officer of the Government or, with the permission of the Registrar who may impose such conditions as he thinks fit, any notary public or person authorised to administer oaths.

(2) Where the Oath of Renunciation, Allegiance and Loyalty required by Articles 122(2) and 126(3) is taken outside Singapore before any notary public or any person authorised to administer oaths, other than a diplomatic or consular officer of the Government, it shall be of no effect unless the oath form, together with the citizenship certificate of the person taking the Oath, is delivered to and received by the Registrar not later than one month after the date the person has attained the age of 22 years or, with the permission of the Registrar, later.

Prohibitions

20.—(1) A person shall not, except in accordance with these Rules or any other written law —

(a)	part with the possession of a certificate of citizenship granted to him; or
(b)	receive or have in his possession a certificate of citizenship not granted to him.

(2) No person shall —

(a)	obtain or have in his possession more than one certificate of citizenship unless he can show that he obtained or had possession of such certificate innocently; or
(b)	except by lawful authority, make any mark or entry upon, or erase, cancel or alter any mark or entry contained in, or otherwise deface or destroy any certificate issued under the repealed Singapore Citizenship Ordinance 1957 (Ord. 35/57) or the Constitution.

Penalties

21. Any person who contravenes or fails to comply with rule 17, 18(1) or 20 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

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