Grant of Citizenship to Persons of Chinese Origin (Special Provisions) Act

Arrangement of Sections

1. Short title.

2. Entitlement of certain persons to apply for the grant of status of citizen of Sri Lanka.

3. Effect of obtaining the status of citizen of Sri Lanka.

4. Application for Certificate of Citizenship.

5. Inclusion of minor child in Certificate of Citizenship of applicant.

6. Declaration to be made under oath.

7. Register to be maintained.

8. Act to prevail over other laws.

9. Act to be in specified for five years.

10. Sinhala text to prevail in case of inconsistency.

11. Interpretation.

SCHEDULES

38 of 2008.

AN ACT to make provision for the Grant of the status of a Citizen of Sri Lanka to persons of Chinese Origin; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement 31st October, 2008]

1. Short title.

This Act may be cited as the Grant of Citizenship to Persons of Chinese Origin (Special Provisions) Act.

2. Entitlement of certain persons to apply for the grant of status of citizen of Sri Lanka.

Any person of Chinese origin, who —

(a) has been a permanent resident of Sri Lanka, since November 15, 1948;

(b) is a descendent. presently resident in Sri Lanka, of a person who has been a permanent resident of Sri Lanka since November 15, 1948.

shall be entitled to apply in terms of the provisions of this Act, for the grant of the status of a "Citizen of Sri Lanka”.

3. Effect of obtaining the status of citizen of Sri Lanka.

Every person, who becomes entitled to the status of citizen of Sri Lanka, shall, on obtaining the status of a citizen of Sri Lanka—

(a) be entitled to all the rights and privileges of a citizen of Sri Lanka, as recognized by Law;

(b) be subject to the provisions of Law for the time being in force, relating to deprivation, loss and renunciation of citizenship, in like manner and to the same extent as would be applicable to any citizen of Sri Lanka; and

(c) be deemed from and after the coming into operation of this Act, to have renounced all rights to the civil and political status which such person may be entitled to, or would have been entitled to, under any Law in force in the country of origin of such person or such person's parent, ancestor or husband, as the case may be, but for the promulgation of this Act;

(d) in all matters relating to, or connected with, status, personal rights, duties and holding of property in Sri Lanka, be subject to the relevant Laws of Sri Lanka.

4. Application for Certificate of Citizenship.

(1) Any person who is entitled to apply for the grant of the status of a citizen of Sri Lanka may, if he so desires, forward an application to the Controller, substantially in the Form set out in Schedule A to this Act for the issue of a Certificate of Citizenship. Every application shall be accompanied by the of Declaration made under oath in the Form set out in the same Schedule.

(2) On receipt of an application under subsection (1), and where he is satisfied that the applicant is eligible, to so apply in terms of section 2, the Controller shall forthwith transmit such application to the Minster for approval.

(3) The Minister may on consideration of the facts of each case, either—

(a) approve and allow such application for the grant of the status of a citizen of Sri Lanka to the applicant; or

(b) refuse to allow the application transmitted to him under subsection (2), where he is of the opinion that it is not in the national interest to grant the status of citizen of Sri Lanka to the applicant.

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