CHAPTER 64 INTERPRETATION (DEFINITION OF NATIVE).

CHAPTER 64 INTERPRETATION (DEFINITION OF NATIVE)

To define the expression "native" in a more precise manner and to make certain consequential provisions thereon.

[10TH DECEMBER, 1952.]

1. Short title.

This Ordinance may be cited as the Interpretation (Definition of Native) Ordinance.

2. Interpretation.

(1) Wherever the word "native", used as a substantive, occurs in any written law in force at the commencement of this Ordinance, other than the Ordinances set out in the Schedule to this Ordinance, or in any written law coming into force after the commencement of this Ordinance, unless expressly otherwise enacted therein, it shall mean either--

(a)any person both: of whose parents are or were members of a people indigenous to the Colony; or

(b)any person ordinarily resident in the Colony and being and living as a member of a native community--(i)one at least of whose parents or ancestors is or was a native within the meaning of paragraph (a) hereof; or(ii)one at least of whose parents or ancestors is or was a member of a people indigenous to--

(1)the State of, Brunei; or

(2)the Colony of Sarawak; or

(3)the territories of the Federation of Malaya, the Colony of Singapore or the former Straits Settlements; or

(4)the territories of the Indonesian Archipelago including that part of the Island of Borneo not comprised in the Colony, the State of Brunei and the Colony of Sarawak; or

(5)the Sulu group of the Philippine Islands.



(2) In the definition of "native" set out in subsection (1) hereof--

(a)"ancestor"means progenitor in the direct line other than a parent;

(b)"native community"means any group or body of persons the majority of whom are natives within the meaning of paragraph (a) of subsection (1) and who live under the jurisdiction of a Local Authority established under the provisions of the Rural Government Ordinance, or of a Native Chief or Headman appointed under the provisions of that Ordinance;

(c)"parent"includes any person recognised as a parent under native law or custom.

3. Powers of Native Courts. Cap. 86.

1) Any person claiming to be a native may apply to a Native Court established under the Native Courts Ordinance, and having jurisdiction in the area in which such person resides to declare—

(a)that such person is recognised by native law and custom as the parent or child, as the case may be, of any other person; or

(b)that such person is a member of a native community as defined in paragraph (b) of subsection (2) of section 2 and is living a member of such native community,

or both.



(2) Any Native Court referred to in subsection (1) to whom an application is properly made under such subsection shall have exclusive jurisdiction to entertain and determine any such application and to pake such declaration as the case requires.

(3) Any declaration of any Native Court made in the exercise of the jurisdiction conferred upon it by subsection (2) shall be "subject to scrutiny and appeal as if it were a proceeding or order of such Native Court.

(4) The final decision on any application made under subsection (1) shall be conclusive evidence for all purposes in respect of the matter or matters to which it relates.

SCHEDULE. (SECTION 2.)

THE BANISHMENT ORDINANCE (CHAPTER 10).

THE CHRISTIAN MARRIAGE ORDINANCE (CHAPTER 24).

THE LABOUR ORDINANCE (CHAPTER 67)