Malaysia Act 1963

Malaysia

1

• (1) For the purpose of enabling North Borneo, Sarawak and Singapore (in this Act referred to as “the new States”) to federate with the existing States of the Federation of Malaya (in this Act referred to as “the Federation”), the Federation thereafter being called Malaysia, on the day on which the new States are federated as aforesaid (in this Act referred to as “the appointed day”) Her Majesty’s sovereignty and jurisdiction in respect of the new States shall be relinquished so as to vest in the manner agreed between the United Kingdom of Great Britain and Northern Ireland, the Federation and the new States.

• (2) Her Majesty may by Order in Council enact State Constitutions to take effect for the new States immediately before the appointed day.

Consequential modifications of British Nationality Acts

2

Operation of existing law

3

• (1) On and after the appointed day all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, is in force on that day or has been passed or made before that day and comes into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, and save as otherwise provided by this Act, have the same operation in relation to the Federation, to any of the States of the Federation, and to persons and things belonging to or connected with the Federation or any of the States thereof, as it would have apart from this subsection if the new States had not become included in the Federation and section 1 of this Act had not been passed.

• (2) The enactments specified in Schedule 2 to this Act shall have effect on and after the appointed day in accordance with the provisions of that Schedule.

• (3) This section applies to law of or of any part of the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to the Federation or any territory which will be comprised therein on and after the appointed day, to law of any other country or territory to which that enactment or Order extends.

Power to make consequential provisions

4

• (1) Her Majesty may by Order in Council make such adaptations in any Act of Parliament passed before the appointed day as appear to Her necessary or expedient in consequence of the new States becoming included in the Federation.

• (2) Any Order in Council made under subsection (1) of this section, and any Order in Council or other instrument made under any other enactment which varies or revokes a previous Order in Council or instrument in consequence of the new States becoming included in the Federation, may, though made after the appointed day, be made so as to have effect from that day.

• (3) Any Order in Council under subsection (1) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament, and may be varied or revoked by a subsequent Order in Council.

Judicial arrangements

5

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Short title and repeals

6

• (1) This Act may be cited as the Malaysia Act 1963.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

1

Subject to paragraph 5 of this Schedule, a person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he, his father or his father's father—

• (a) was born in the United Kingdom or in a colony; or

• (b) is or was a person naturalised in the United Kingdom and Colonies; or

• (c) was registered as a citizen of the United Kingdom and Colonies; or

• (d) became a British subject by reason of the annexation of any territory included in a colony.

2

A person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he was born in a protectorate or protected state, or if his father or his father's father was so born and is or at any time was a British subject.

3

A woman who is the wife of a citizen of the United Kingdom and Colonies shall not cease to be such a citizen under section 2(2) of this Act unless her husband does so.

4

Subject to paragraph 5 of this Schedule, the reference in paragraph 1(b) of this Schedule to a person naturalised in the United Kingdom and Colonies shall include a person who would, if living immediately before the commencement of the British Nationality Act 1948, have become a person naturalised in the United Kingdom and Colonies by virtue of section 32(6) of that Act (which relates to persons given local naturalisation in a colony or protectorate before the commencement of that Act).

5

Any reference in paragraph 1 or 2 of this Schedule to a colony, protectorate or protected state shall, subject to the following paragraph, be construed as a reference to a territory which is a colony, protectorate or protected state on the appointed day; and paragraph 1 of this Schedule shall not apply to a person by virtue of any certificate of naturalisation granted or registration effected by the Governor or government of a territory outside the United Kingdom which is not a colony, protectorate or protected state on the appointed day.

6

The protectorates of Northern Rhodesia and Nyasaland shall be excepted from the operation of any reference in paragraph 2 or paragraph 5 of this Schedule to a protectorate.

SCHEDULE 2

1

References in the following enactments, that is to say—

• (a) the First Schedule to the Federation of Malaya Independence Act 1957, and the enactments amended by that Schedule,

• (b) section 2(4) of the Import Duties Act 1958,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to the Federation shall be construed as references to the Federation as constituted on and after the appointed day.

2

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3

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SCHEDULE 3

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Editorial notes

[^c653778]: Act wholly in force so far as unrepealed at 1.2.1991.

[^c653779]: S. 2 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

[^c653782]: S. 5 repealed (1.6.1992) by Statute Law (Repeals) Act 1989 (c. 43) s. 1(1), Sch. 1 Pt. VI; S.I. 1992/1275, art. 2(b)

[^c653784]: Unreliable marginal note

[^c653785]: S. 6(2) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

[^c653786]: Sch. 1 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

[^c653793]: 1957 c. 60.

[^c653794]: 1958 c. 6.

[^c653795]: Sch. 2 para. 1(c) repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3

[^c653796]: Para. 1(d) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

[^c653797]: Sch. 2 para. 1(e) repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

[^c653798]: Sch. 2 para. 2 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11

[^c653800]: Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

[^key-cfab1948b36cd1879b3f92c567b62a05]: Sch. 2 para. 3 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4