Verma Foreigners Ocr 600 Tu Bal PDF

THE LAW RELATING TO
FOREIGNERS AND CITIZENSHIP

IN BURMA
( Containing the ■Foreigners, Registration

of F o r e i g n e r s , P a s s p o r t , Extradition,
I m m i g r a t i o n , Transfer of Immoveable
Property Restriction, Citizenship, Citizenship
E l e c t i o n A c t s , Rales and Regulations.)
SECOND ENLARGED EDITION
BY
S. L. VERMA, B. A., B. L.,
Advocate, High Court.
W IT H A FO REW O RD BY
JUSTICE U SAN MAUNG
S E N IO R JUD G E, H IG H COURT, RANGOON.
Published by
RISH1 RAJ V E R M A
81st & 27th STREETS CORNER,
M ANDALAY.
First Edition 1960.
Second Edition 1961.
All fights reserved
D e d ic a t e d t o
T he M em o ry of M y M o th er.
P r in te d A t
T H E G E O R G E P R I N T IN G W O R K S
83R D . M ERCH ANT ST RE E T.
PriceK. 15/- M ANDALAY.

( Foreword to the First Edition)
foreigners and to citizenship matters is a long*

felt need in independent Burma. Howevert as
pointed out by the learned author in the prefect
to his book, there has as yet .been no attempt to
compile even the bare Acts with the amendments
thereto,and the rules relating to these subjects.
Although the learned author is very modest in his
claims, I can see that with his usual thoroughness
he has managed to include in his book as many
important case law on the subject as ar6 availablo
at present. His book, although small in size,
is yet important enough to be included in the
library of all the members of the legal profession
in Burma. I have no doubt that it will also be
useful to the members of the Bench as well, as
it would obviate the necessity of referring to
many volumes of the law reports for the purpose
of finding the case law on the subject. I have
also no doubt that the book Bill saet the success
it deserves. *
•/ CSAN MAUNG)
Judge,
Rangoon High Court of the Union
Dated trie 1st March 1960 of Burma.
( ^ o8- 0 o o n )
ofocoo<€
THE LAW RELATING TO
FOREIGNERS AND CITIZENSHIP
IN BURMA.
CONTENTS.
Page
1. The Foreigners Act, 1864. 1.
2. The Registration of Foreigners Act, 1940. 19.
3. The Registration of Foreigners Rules, 1948. 29.
4. Exemptions under the said Act. 44.
5. The Burma Passport Act, 1920. 47.
6. The Burma Passport Rules, 1948. 49.
7. The Burma Extradition Act, 1903. 52.
8. The Burma Immigration ( Emergency Provisions)

Act, 1947. 65.
9. The Burma Immigration (Detention) Rules, 1951. 92.
10. The Transfer of Immoveable Property (Restriction)

Act, 1947. 94.
11. The Transfer of Immoveable Property ( Restriction)

Rules, 1956. 110.
12. The Union Citizenship Act, 1948. 112.
13. The Union Citizenship Regulations, 1949. 171.
14. The Union Citizenship (Election) Act, 1948. 189.
15. The Union Citizenship Election Rules, 1948. 197.
16. Appendix I - Forms. 203.
17. Appendix II-Burma Independence Act, 1947. 227.
18. Index. 231.

CORRECTIONS:
Page:
4. in 4th line for 'section 1 ’ read ‘ section 3\
9. in 11th line from bottom for ‘ 22* read ' 222\
9. in 7th line from bottom for 1131 ’ read ‘ 121 \
20. in 9th line from bottom for ' 1956 ’ read ‘ 1958’
22. in 4th line delete the second ‘ of*.
23. in clause e (ii) for ' snch * read ‘ su ch '.
28. in section 7 for 'anythig* read ‘ anything'.
57. in 9th line for ’ fr o n ’ read ‘ from*.
108. in 3rd line for ‘ 750 ’ read ’ 7750
112. in 18th line from bottom for ‘ Forntier’ read 'F rontier1.
115. in 20th line for ‘ m oh er’ read ’ m other’.
121. in 6th line from botton for ’ signt’ read ’ sight’ .
123. in 16th line for 'in 11 * read ‘ w ill’.
125. in 11th line for ‘ n a d e’ read ‘ made*.
128. in 17th line for ‘ registrated' read .reg istered ’.
129. in 5th line for ‘ r e v o le d ’ read ‘ re v o k e d ’.
133. in 15th line for ’ no ’ read ' not \

i
135. in 7th line from bottom insert ‘ to * after belong.
151. in 17th line for ' ub * read ' sub *.
155. in 13th line for * obtaing * read ' obtains ’ .
156. in 7th line for ‘ contem plate’ read ’ contemplated *
168. in 5th line for 6o j- r o ’ read fcjo -o o ’
195. in 11th line from bottom for ( 5 ) read ( 4) .

PREFBCE TO THE SECOND EDITION.
The warm reception accorded to the first edition of the

book has encouraged me to enlarge it,. Some more reports and
commentaries have been included in this edition and the citizenship
law has been discussed at length.
Besides the Union Citizenship Act and Regulations in Burmese,

frmos in Burmese for applications for Union Citizenship have been
included. A citizen will appreciate the book better by first
reading the part containing the Union Citizenship Act.
I am perfectly aware of the obvious limitaions and imperfec

tions that a work such as the one undertaken by me is subject to
but I hope the reader will view the book more as a stimulus to
the study of this important though new branch of our law rather
than as a standard work on a difficult legal subject. It has aptly
been said, " An author, feels diffident until his product gains the
approval of the learned profession; but when he gains it, he has
his reward, which is all that he seeks
Last but not the least, I must thank the members of the Mandalay
Bar for their invaluable suggestions in improving the book.
Mandalay
.
Dated the 29th January 1961 S . L - Verma.
PREFACE TO THE FIRST EDITION.
On Burma attaining independence on 4th January 1948, it ceased

to be a part of the British Commonnwealth which it left of its own
choice. However, at that time the inhabitants of the country consisted
of persons of indigenous, mixed and foreign stock. Citizenship was
partly defined by the Constitution thereby assuring citizenship rights
to the indigenous and mixed races, but the task of defining citizenship
more completely was left to the Parliament. Laws were promulgated
b y the Parliament from time to time to define citizenship and to
provide for its acquisition and any one who was not a cttizen was
classified as a foreigner. As the Government gained experience the
law relating to foreigners and citizenship had to be amended and
during the span of 12 years many Acts have been passed by the
parliament amending these laws. It is noticed that no book
contianing even the bare Acts with the amendments and rules
relating to the subject is available in the market. This work was
started merely as a collection of the Acts and Rules on the subject,
but some how it has developed to include also the various decisions
of the High Court and Supreme Court relating to the law. The
work is an unambitious attempt to put the law in a book form.
The Acts and Rules have been brought up to date and the case
law up to the date of publication has also been included.
The book contains the law relating to foreigners, their entry1

registration, stay, departure, deportation, passports and visas, and
restrictions 'regarding their rights to acquire immoveable property.
Barring these the foreigners resident in the Union enjoy
similar rights as citizens. A foreigner having been defined as a
person who is not a citizen of the Union, the book would have
been incomplete without the inclusion of the citizenship laws,
which define citizenship and prescribe the procedure by which a
foreigner may acquire citizenship. Citizenship is same as nationality
but the Burmese law uses the expression citizenship and not
nationality.
The author takes this opportunity of expressing his gratitude

to Maha Thray Sithu Hon’ble Justice U San Maung, (retired I. C. S.),
Acting Chief Justice of the High Court of the Union of Burma, for
kind favour of writing the foreword and also of thanking the
members of the Mandalay Bar and Government Advocate U Mm Han
for their encouragement and assistance in the work.
The book is written for use of the legal profession and

for others who may derive some benefit from it.
Mandalay 5 . L- Verma.
Dated the 4th January I960 .
INDEX OF CASES.
Names o f Parties Rulings Pages

Abdul Hai V Union of Burma. 1957 BLR 118 H.C. 88
Abdul Latiff V Ko Aung 1959 BLR 1 H.C. 107
Ah Fat V U Tha Win 1950 BLR 53 S.C. 190,196
Annamalai Ghettiar V
Gor Kyin Sein 1953 BLR 95 S.C. 101,107
Bishnalal V Union of Burma. 1959 BLR 3 H.C. 4,21,121
Chan Eu Ghai V Lin Hock Seng 1949 BLR 24 H.C. 101
Chan Yu Ta V Permanent
Secretary, Foreign Office 1957 BLR 46 S.C. 126
Dutta V Superintendent
Central Jail 1953 BLR 83 S.C. •190,196
Hakim M. A. Rahim V
Subdivisional Judge, Syriam 1954 BLR 1 S.C. 107,108
Hasan Ali V Union of Burma. Supreme Court
Criminal Miscella-
nous Cases No. 155
& 156 of 1959. 78,121
Hashim Ahmed Wahid Vs
Secretary. 1958 BLR 196 S.C. 152
Hpan Pein Hmway Vs U. of B. 1958 BLR 275 H.C. 26
Judicial Minister V Ah Tun. 1951 BLR 121 H.C. 141,145
Karam Singh V Union of Burma. 1956 BLR 25 S.C. 10,66,69,121
Kasi Vishwanathan Chettiar V
The Official Assignee 1958 BLR 74 S.C. 38,74
Kanta Bhai V The Union of Burma 1958 BLR 532 H.C. 69
Kapur Chand (Burma) Ltd V
Burma National Reforming Co 1955 BLR 278 H.C. 102
Kawli Janna V Union of Burma. 1955 BLR 63 H.C. 28
Ko Aung V Abdul Latiff. 1958 BLR 216 H.C. 98,100,107
Ko Mya Din V Ko Binga. 1952 BLR 240 H.C. 97,107
Kyi Chung York V 'Controller of
Immigration. 1951 BLR 197 S.C. 6,58,71
Law Lu V Union of Burma. Criminal Revision
No. 5-B of 1959 of
High Court at j
Mandalay. 24
Letto V Union of Burma. 1959 BLR 30 H.C. 117
in d e x of cases .
Names of Parties Rulings Pages
Maung Ko Gyi V The Union of Cri Rev. No.72-B of

Burma. 1959 of High Ct. at
Mandalay. 160
Mg Mya Maung V Khin Khin Aye Civil Sec. Appeal
No. 18 of 1954 of
High Ct at Rangoon. 102
Maung Tin V U Po Nyan 1951 BLR 197 H.C. 97
Mohamed Rahu Amin V
Union of Burma. 1957 BLR 25 S.C. 160
Moti Maya V Union of Burma. Cri. Rev. No. 106-B
of 1959 of High Ct.
at Mandalay. 27
Pazundaung Rice Mill V R.R. Khan 1953 BLR 124 S.C. 10,106
Ramaswamy Chettiar V Ma Aye 1951 BLR 330 H.C. 101,107
Sabir Hussein V Ramanathan
Chettiar. 1955 BLR 211 H.C. - 100,107
Sanwarmal V Union of Burma. 1954 BLR 331 H.C. 26
Saw Chain Poon V Union of
Burma. 1949 BLR 408 H.C. 143
Sein Chun V Noor Mohamed Civil Second
Appeal No. 35 of
1953 of High Court
Rangoon. 103
Sita Ram V Superintendent
Rangoon Central Jail 1957 BLR 190 H.C. 57
Soma Sundram Chettiar V
Union of Burma. 7
Sunmukh Singh Vs Secretary Cri Misc Case No.73
of 1960 Supreme Ct. 11
Tai Yu Han V Union of Burma. 1953 BLR 47 S.C. 4,5,21,126,127
U Khin Mg V Union of Burma. Civ Sec Appeal No.
604 of 1954 High
Court at Rangoon. 108
Union Government V U Ah Tun. 1949 BLR 541 H.C. 191
Union of Burma V Ebrahim
S. Veriava. 1952 BLR 6 H.C. 191
Union of Burma V Quah Chun Bee. 1950 BLR 14 H.C. 190,192,196
U Saw V Loke Mani. 1957 BLR 221 H.C. 101
U Sin Koi V U San Win. The Burma Gazette
1958 Pt I Page 478. 120,158
Youn Yun Saung V Immigration
Department. 1958 BLR 102 S.C. 77
THE FOREIGNERS ACT
CONTENTS
Section
1. Interpretation - Foreigner.
2. Proof o f being a foreigner.
3. President may order any foreigner to remove himself

or to be deported.
3A. Foreigner may be apprehended and detained pending

order or removal or deportation.
4. Foreigner refusing to remove, or returning without

license after removal, may be apprehended and
detained.
5. President may order all the provisions of this Act

to be in force in the Union of Burma or in any
part thereof.
6. Every foreigner to report his arrival in the Union of

Burma in certain cases.
7. What to be stated in the report.
8. Foreigners, being masters of vessels or employed

therein, (o report themselves when they cease to be
so employed.
9. Foreigners neglecting to report themselves, may be

dealt with in like manner as foreigners travelling
without a license.
10. No foreigner to travel in the Union of Burma without

a license.
11. Deleted.
12. What to be stated in the license.
13. License may be granted subject to conditions and may

be revoked.
14. Foreigner travelling without or contrary to the

conditions of license may be apprehended.
Section
15. Procedure upon apprehension. Magistrate to report to

the President.
16. Persons apprehended may be admitted to bail.
17. Removal of persons apprehended.
18. President may prohibit persons not being citizens of

the Union from travelling or passing through any
part of the Union o f Burma without a license.
19. Deleted.
20. Certain officers may board vessels to accertain

whether foreigners are on board.
Master of vessels to furnish list of passengers and to

give information respecting them.
Foreigner refusing to give account o f himself not to

be allowed to disembark.
21. Penalty for false answer or report.
22. Penalty for neglect by master o f vessel to comply

with requisitions o f Act. ^
23. Penalty for obstructing officers.
24. Deleted.
25. Persons may be exempted from provisions of this Act.
26. Bar to legal proceedings.

3
THE FOREIGNERS ACT.

, ,
(Indian Act III 1864) (12th February 1864)
W HEREAS it is expedient to make provisions to enable

Preamble. the President of the Union to prevent the sub
jects of Foreign States from residing or sojourning
in the Union of Burma, or from passing through or travelling
therein, without the consent of the President of the Union, it
is enacted as follows
1. In this Act, unless the context otherwise requires the

Interpretation word “foreigner” shall denote a person who is not
“ Foreigner. ... S . TT . 1
a citizen ot the Union.
This Act was adapted by the Union of Burma (Adaptation

of Laws) Order 1948 and the following Amending Acts were passed
after the adaptation:
1. Act No. XLII of 1948.
2. Act No. VIII of 1953.
The definition of foreigner was first amended by the Union of

Burma (Adaptation of Laws) Order 1948 as follows
"1. Unless there be something in the subject or context

repugnant to such construction—
the word ‘foreigner’ shall denote a person—
(a) who is not a citizen of the Union, or
(b) who is not entitled to signify his election of citizenship of

the Union in the manner and within the time prescribed by law.”
and it was subsequently substituted by Act XLII of 1948 as

it appears now.
The definition of 'foreigner' as given in section 1 above is a

negative definition. This section defines a foreigner as a person
who is not a citizen of the Union. In order to know whether a
person is a citizen of the Union or not we have to refer to section
11 of the Constitution of the Union of Burma and to the Union
4 THE F O R E IG N E R S A C T
Citizenship Act 1948, which are given elsewhere in this book. In

this connection reference to sections 4(1), 4(2), 5, 9 (2) and 11 (4) of
the Union Citizenship Act is requested. Section 11 of the Constitution
is reproduced in the notes under section 1 of the Union Citizenship
Act 1948.
A person may be a citizen of the Union and yet for not

complying with certain requirements of the law he may lose
his citizenship status. As to when a person may lose his citizenship
status see sections 5, 12A, 14, 14A, 19 and 21A of the Union Citizen
ship Act. A person who loses his citizenship status also becom es
a foreigner.
It is not necessary that to be termed a foreigner within the

meaning of the definition of the Foreigners Act, a person must be
a citizen of a foreign country. If he is not a citizen of the Union he
is a foreigner. A Stateless person is also a foreigner according
to the above definition.
But if a person who is a citizen of the Union, by mistake

obtains a Foreigners Registration Certificate, he does not by that
mere fact cease to be a citizen of the Union.1 It is only when he
voluntarily acquires citizenship of another country or registers
himself as a citizen of another country with a Foreign Embassy or
acquires citizenship of another country by operation of law, that he
ceases to be a citizen of the Union. For further details as to when
a person may cease to be a citizen or divest himself of his citizenship
see notes under section 14A and 15 of the Union Citizenship Act
1948.
It will be noticed that until the passing of the Foreigners

(Amendment) Act 1948, Act XLIII of 1948, a person, who was
entitled to signify his election of citizenship of the Union in the
manner and within the time prescribed by law as referred to in
clause (iv) of Section 11 of the Constitution of the Union, was not
a foreigner under this Act.
I. 1953 B. L.R.47 S.C. Tai Yu Han. Vs The Union cf Burma; Criminal Revision
No. 57B of 1959. High Court Mandalay., Bishna Lai Vs Tne Union of Bufma.
THE F O R E IG N E R S A C T 5
Same definition of foreigner is given in section 2(e) of the

Burma Immigration (Emergency Provisions) Act 1947. The same
definition applies to the word foreigner in the Foreigners Regis
tration Act with a few exceptions. See section 2(a) of the Foreigners
Registration Act. Under the Transfer of Immoveable Property
(Restriction) Act foreigner has been defined differently. In
the Union Citizenship Act 1948 the word foreigner is not used,
but the word alien is used and the alien referred to therein will be
a foreigner as defined in the Foreigners Act.
2. I f a question shall arise whet her any person alleged to

be a foreigner and to be subject to the provisions
a foreigner*81119 ^ is ^ ct a f° reigner or not5 Or is or is not
subject to the provisions o f this Act, the onus of
proving that such person is not a foreigner, or is not subject to
the provisions o f this Act, shall lie upon such person.
This section shifts the burden of proof on the alleged

foreigner to prove that he is a citizen and not a foreigner. Similar
provisions are contained in Section 4 of the Foreigners Registration
Act 1940 and Section 13A and 13B of the Burma Immigration
(Emergency Provisions) Act 1947. But these presumptions are
applicable only to matters arising out of the said Acts respectively.
3. The President o f the Union may, by writing—
ordeân may or(*er any foreigner to remove himself from the

F oreign e/to Union of Burma, or to remove himself there-
remove himself, from by a particular route to be specified in
or to be , j
deported. the order, or
(b) order that any foreigner be deported forthwith
from the Union o f Burma.
This was substituted by Act VIII of 1953. Previously it read
as follows
“ 3. The President may, by writing, order any foreigner to
remove himself from the Union of Burma or to remove himself
therefrom by a particular route to be specified in the order.”
The Foreigners Act applies only to foreigners and not to
citizens. An order under Section 3 of this Act cannot be passed
against a person who is a citizen of the Union. 2
2. Tai Yu Han Vs The Union of Burma and one: 1953 B. L. R. 47 S. C.
6 THE F O R E IG N E R S ACT
Right o f the State to deport: This question came up for

decision before the Supreme Court in the case of Kyi Chung York
Vs. The Controller of Immigration.3 In that case the applicant was
granted permission to enter Burma and work as an Assistant Editor
of a Chinese newspaper for four years, the manager and publisher
thereof guaranteeing that the applicant would so work. Before
the expiry of the time so fixed, the applicant resigned the post and
worked as a teacher, whereupon the guarantors withdrew their
guarantee. The Controller of Immigration, acting under orders of
the Foreign Office, cancelled the applicant's stay permit and order
ed him to leave the country. The Supreme Court held that what
the Controller had done was merely to carry out the order of the
Government and it further observed as follows :-
Per Sir Ba U, C. J:-

"Every country which extends its hospitality to an alien can
terminate the hospitality, and c a p do so by sending the alien back
to his own country. Any other country might refuse to receive him.
This submission apparently found favour with Lord Justice

Swinfen Eady who in the course of his judgement said:
•A Secretary of State is not required to justify in a Court of
Law his reason for making a deportation order in the case of an
alien. In the event of it being disputed that the subject of a depor
tation order is an alien, the matter must be determined by the
Court, and unless it be proved that the person is an alien the
order must b e quashed as made without jurisdiction; but I am
not aware of any other ground upon which such an order can be
quashed.’
Similarly, Lord Atkinson, delivering a judgement on behalf

of the Board in Attorney-General for Canada. V. Cain said:
‘One of the rights possessed by the Supreme pow er in
every state is the right to refuse to permit an alien to enter that
state, to annex what condition it pleases to the permission to enter
it, and to expel or deport from the state, at pleasure, even a
friendly alien, especially if it considers his presence in the state
opposed by the peace, order, and g ood government or to its
social or material interest.’
The Supreme Court of America adopted the same view as the

English Courts in the matter of an expulsion of aliens from its
3. 1951 B.L. R. 197 S. C.
THE F O R E IG N E R S ACT 7
country. In Mahler V. Eby quoted by M. R. Konvitz in his book
called ‘ The Alien and the Asiatic in American Law', Chief Justice
Taft said that the sovereign pow er to deport is limited only by
treaty obligations. The principle thus enunciated and propounded
by the English and American Courts is now in conformity with the
practice followed by every sovereign state, as is to be found in
every standard book on the International Law. The principle thus
asserted, claimed and followed by the comity of nations is found
em bodied in section 3 of the Foreigners Act which says
‘The President may, by writing, order any foreigner to

remove himself from the Union of Burma, or to remove himself
therefrom by a particular route to be specified in the order.’
If such a pow er is not to be had, the position will becom e almost

intolerable. Every non-citizen is thus liable to be expelled from
the Union of Burma, if he is found committing a breach, of the
condition on which he is allowed to stay in this country or if he is
found abusing the hospitality extended to him by the Government.
In expelling the applicant from this country the Government

acted within its rights. The application is dismissed and the rule
nisi is discharged”
" An alien resides in this country on sufferance and he can
be asked at any time to leave. The grant of a visa by the Controller
of Immigration to stay for an indefinite period does not give him
a right of permanent residen ce” These observations were made
by the High Court in dismissing the application of one V.
Soma Sundram Chettyar. The application was under section 45 of
the Specific Relief Act and the Court was asked to set aside the
expulsion order served on the applicant and to direct legal and
proper enquiry into the status of the applicant as a permanent or
qualified resident of Burma. According to the applicant, he first
came to Burma in 1916 and since then he had been residing off
and on in Burma. The Contorller had however served on him
an order to leave the country by a certain date, although the
Immigration department had previously issued a visa for indefinite
stay. On the authority of the aforesaid Supreme Court ruling, the
High Court observed that an alien is not entitled as of right to
stay in Burma and that the stay permit given to him, even though
it is stated to b e for an indefinite period, could always be
withdrawn at the pleasure of the Government. Every country which
extends its hospitality to an alien can withdraw it and send him
back to his own country. Every Power has the right to refuse to
permit an alien to enter the state and, if it permits an alien to
enter, to annex conditions it pleases to such permission and expel
or deport him from the state at pleasure. It was also pointed out
that the application under section 45 of the Specific Relief Act
was unsustainable. Only in cases where a person’s property,
franchise or personal right was in jeopardy by the forbearing or
doing, as the case might be, of any act, would such an applica
tion lie. In the present case the applicant had acquired no per
sonal right of stay in Burma. He was merely permitted to reside
within the Union of Burma on sufferance by the Union Government.
What has been said of the pow er to deport may also b e
said of the pow er to admit or exclude aliens. The constitutional
law with regard to the pow er of Parliament to admit or exclude or
deport aliens is simply that the power is plenary; it is no way
restricted. An alien who seeks admission to this country may not
do so under any claim of right. Admission of aliens to the Union is
a privilege granted by the government. Such privilege is granted
to an alien only upon such terms as the Union shall prescribe. The
exclusion of aliens is a fundamental act of sovereignty. The right
to do so stems not alone from legislative pow er but is inherent in
the executive pow er to control the foreign affairs of the nation.
The power to deport aliens is therefore an implied one. But the
right to life and liberty is an express one and even a foreigner is
entitled to the constitutional remedies under the constitution of the
Union, subject to his being lable to be deported or excluded and
subject to certain other rights which are denied to him specifically
by provisions of enactments.
In the United States the Chinese exclusion acts of the 1880‘s

presented the first opportunity to its Supreme Court to chart bro
adly the powers of Congress with regard to immigration and the
exclusion from its shores of persons deem ed, for one reason or
another, or for no reason at all, undesirable. In the Chinese Exclu
sion case the court, in a unanimous opinion, asserted constitutional
propositions that are still judicially unchallenged. The facts of this
case were simple; A Chinese labourer had lived in the United
States for twelve years, in 1887 he left for China, and he had in his
possession when he left a certificate from the government which
purported to entitle him to re-enter the United States a certificate
which had been issued to him pursuant to 1882 and 1884 statutes.
He returned in 1888 and presented his certificate, but he was
i
refused admission because seven days before his arrival Congress

had passed an act by which outstanding certificates were annulled and
his right to re-enter was abrogated. In a habeas corpus proceeding,
the 1888 act was assailed as being in effect an order of explusion
in violation of treaties between the United States and China and in
violation of rights vested in Chinese labourers living in the United
States. The Supreme Court of the United States, conceding that the
statute was in contravention of express provisions of treaties, upheld
its validity. Congress, said Mr. Justice Field for the court, may
exclude aliens. If Congress considers the presence of foreigners of
a different race in the country to be dangerous to its peace
and security though the countries are at peace, they may be exclu
ded. The pow er to exclude foreigners said the court, is an incident
of sovereignty; and this pow er is not subject to barter or trade;
whatever license to return to the United States Chinese labourers
might have obtained under treaties or acts of Congress previous
to the act of 1888, was held at the will of the government, revoca
ble at any time, at its pleasure. The court in effect held that Con
gress had the power, unrestricted by constitutional limitations, to
suspend or prohibit immigration of all foreigners or of the mem
bers of a particular race, nation, or group.
Who may pass the order to deport:
The pow er of the President under this Act can be exercised

by the Ministry of Foreign Affairs. Section 13 of Burma General
Clauses Act reads :—
"W h ere, by an Act of the President or any existing law as

defined in section 22 of the Constitution, any pow er is conferred,
or any duty imposed, on the President of the Union, then that
pow er shall be exercisable, or that duty shall be performable, in
his name by the Government.”
Article 131 (1) and (2) of the Constitution reads
(1) All executive action of the Union Government shall be

expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in

the name of the President shall be authenticated in such manner
as may be specified in rules to be made by the President and the
validity of an order or instrument which is so authenticated shall
10 T H E F O R E IG N E R S ACT
not be called in question on the ground that it is not an order or

instrument made or executed by the President.
Order No. 1 of 1948 as amended by Order No. 1 of 1949

under section 13 of the Burma General Clauses Act provides for
authentication of orders and other instruments made in the name
of the President, by the signature of the Chief Secretary, Secretary,
Additional Secretary, Deputy Secretary, Under Secretary or
Assistant Secretary to the Union Government in the Ministry
concerned. 4
The Controller of Immigation cannot act under this section of the

Foeigners Act. He cannot pass such order against a foreigner who has
not ever been granted by him a stay permit or a re-entry visa and
who has not infringed any of the provisions of the Burma Immigration
(Em ergency Provisions) Act 1947. Thus a person who has resided
in Burma before the Burma Immigration ( Emergency Provisions) Act
1947 came into force (i.e. 13th. June 1947) and who has not been out
of the Union of Burma even once cannot be asked by the Controller
of Immigration under the Foreigners Act to leave the Union of
Burma. Action m a y b e taken against him by the President under
Section 3 of the Foreigners Act.
One Karam Singh5 was born in Burma in 1924 and had

never left the country. In 1949 he sought to elect Burma
citizenship but before orders were passed he obtained an Indian
passport thus indicating that he had chosen to retain Indian
nationality. He was ordered by the Controller of Immigration to
rem ove himself from the country by 30th June 1955. As he did not
do so he was prosecuted for alleged contravention of Section 4(2)
of the Burma Immigration (Erpegency Provisions) Act 1947 in that
he had not observed the conditions of his stay in Burma. The trial
magistrate acquitted him on the ground that he had not entered
Burma with a permit or a visa and that therefore there were no
conditions attached to his stay. In spite of this the Controller issued
an order of deportation under Section 7(1) of the Burma Immigration
(Emergency Provisions) Act 1947 giving as his reason that Karam
Singh had committed an offence under Section 13(1) of the said
Act. The Supreme Court held that the Controller was fully aware of
the order of acquittal, and that the statement that Karam Singh had
4. Pazundaung Rice Mill Vs. R. R. Khan Rice Mill and Trading Co. Ltd: 1953 BLR 124
S. C.
5. Karam Singh, John Chew, Tan Choon Chaung Vs. The Union of Burma:
1956 B. L. R. 25 S. C.
committed an offence under Section 13(1) of the Burma Immigration

(Emergency Provisions) Act 1947 was totally unwarranted. One
John Chew who was born in Burma, evacuated to China in 1942
on an Identity Certificate issued by the Burmese Embassy at
Nanking. No restrictions had been placed on his stay in Burma at
the time of his re-entry although it was after the enactment of the
Act. He was sent up for trial but the Magistrate held that he had
committed no offence by not complying with the order to remove
himself from the Union of Burma. The Controller nevertheless ignored
the acquittal and passed an order similar to the o n e passed on Karam
Singh. The Supreme Court held that the Controller had acted without
jurisdiction. Also one Tan Choon Chaung who was born in Burma,
spent the war period in China and came back in 1946. The Controller
contended that his unauthorised entry was in 1952, and therefore
holding that he had committed an offence under Section 13(1) of the
Burma Immigration (Emergency Provisions) Act 1947 he ordered
his removal from the Union of Burma. The Supreme Court pointed
out that the Act did not em power the Controller to decide without
recourse to a prosecution, whether a person has in fact committed
an offence. Only a Court of Law is competent to give a decision in
case of a dispute. The Supreme Court accordingly quashed all
three deportation orders.
But these decisions were made before Section 7 of the

Burma Immigration (Emergency Provisions) Act was amended by
Act XXXIX of 1957. Section 7(2) of the Burma Immigration (Emerge
ncy Provisions) Act as amended by Act XXXIX of 1957 now
enables deportation to be issued in lieu of prosecution. See notes
under the said section.
In case of a, stateless person practical difficulty will arise

in deporting him and unless a foreign state is willing to accept
him deportation may not be possible. As it is against basic human
rights to keep a person in custody indefintely, a stateless person
who is apprehended under this Act may apply for a writ to seek
relief and it is for the Courts to decide as to his right to personal
liberty and continued stay in the Union. Such a question arose in
the case of one Sanmukh Singh. 6
6. Sunmukh Singh Vs. The Secretary, Ministry of Immigration and National Registration:
Criminel Miscellaneous Case No. 73 of I960 of the Supreme Court.
3A. (I) Whenever the District Magistrate considers

that the President o f the Union should be moved
Foreianer may t0 issue nil order under section 3 in respect o f
anc/ê't aYn e d any foreigner who is within the limits of the
pending order jurisdiction of such Magistrate, he may report
depmtaHon. °T the case to the President o f the Union and at the
same time issue a warrant for the apprehension
o f such foreigner.
(2) Any officer issuing a warrant under sub-section

(1) may, in his discretion, direct by endorsement on the
warrant that if such foreigner executes a bond with or without
sureties for his attendance at a specified place and time, the
person to whom the warrant is directed shall take such
security and release such foreigner from custody.
(3) Any person executing a warrant under sub

section (1) may search for and apprehend the foreigner named
in such warrant; and, subject to any direction issued under
sub-section (2), shall forthwith cause such foreigner when
apprehended to be produced before the officer issuing the
warrant.
(4) When a foreigner for whose apprehension a

warrant has been issued under sub-section (1) is produced or
appears before the officer issuing such warrant, such officer
may direct him to be detained in custody pending the orders
o f the President of the Union, or may release him on his
executing a bond with or without sureties to appear at a
specified place and time and thereafter if and when required
until such orders are obtained.
(5) Any officer who has in accordance withvthe

provisions of sub-section (4), ordered a foreigner to be detained
or released on his executing a bond shajl forthwith report the
fact to the President o f the Union. On the receipt of a report
under this sub-section the President of the Union shall without
delay either direct that the foreigner be discharged or make
an order for the removal or deportation o f such foreigner in
accordance with the provisions o f section 3.
4. (1) I f any foreigner ordered to remove himself from

the Union of Burma or ordered to remove
romoveôr ôtufning liimself by a particular route, shall neglect
without' license after or refuse so to do, or if any foreigner,
rehencfec/and detained! having removed himself from the Union of
Burma in consequence o f an order issued
under any o f the provisions o f this Act, or having been
removed from the Union o f Burma under any o f the said
provisions, shall wilfully return thereto without a license in
writing granted by the President of the Union, such foreigner
may be apprehended and detained in safe custody by an order
in writing o f the District Magistrate, until he shall be dis
charged therefrom by order o f the President o f the Union upon
such terms and conditions as the President of the Union, shall
deem sufficient for the peace and security o f the Union of
Burma.
(2) Any foreigner who has been ordered to be

deported under section 3 (b) may be apprehended without
warrant by any police-officer not below the rank o f Sub-Ins
pector and brought before the District Magistrate who shall,
by an order in writing, cause the said foreigner to be detained
in safe custody pending the completion o f arrangements for
his removal out o f the Union of Burma.
(3) Any foreigner apprehended and detained under

the provisions o f sub-section (I) may be admitted to bail by
the District Magistrate.
5. Whenever the President o f the Union shall consider it

necessary to take further precautions in respect
President may o f foreigners residing or travelling in the Union
order all the provi- /• -n r •? i n u l
sions of the Act to ot Burma or any part thereof, it shall be law-
in fo/ c e in the ful for the President o f the Union by a notifi-
Umon of Burma or .. , , , . , . . •£. . i
in any part thereof, cation to order that the provisions ot this and
the subsequent sections up to and including
section 22 o f this Act shall be in force in the Union o f Burma,
or in such part thereof as shall be specified in such notifi
cation, for such period as shall be therein declared; and
thereupon, and for such period, the provisions of this and the
subsequent section up to and including section 22 shall have
full force and effect in the Union of Burma or such part
thereof as shall have been so specified. The President o f the
Union may, from time to time, by a notification, cancel or

alter any former notification which may still be in force or
may extend the period declared therein.
This section was substituted by Act VIII of 1953 Previously it

read as follows
"5. W henever the President shall consider it necessary to

take further precautions in respect of foreigners residing or trave
lling in the Union of Burma or any part thereof, it shall be lawful
for the President by a notification to order that the provisions of
this and the subsequent sections of this Act shall be in force in the
Union of Burma, or in such part thereof as shall be specified in
such notification, for such period as shall be therein declared,
and thereupon, and for such period, the whole of this Act including
this and the subsequent sections shall have full force and effect
in the Union or such part thereof as shall have been so specified.
The President may, from time to time, by a notification cancel or
alter any former notification which may still be in force, or may
extend the period declared therein, provided that none of the
provisions of this or the subsequent sections of this Act shall ex
tend to any foreign Minister duly accredited by this Government,
to any consul or vice-consul, to any person under the age of
fourteen years, or to any person in the service of the Government.”
6. Every foreigner on arriving in any part o f the Unio

of Burma in which all the provisions o f this
toErepor/ hl^1ard- ^ ct are ôr t^le being in force, under an
v a l i n the Union o f order issued as provided in the last preceding
cases? n certain section from any port or place not within the
Union o f Burma, or any port or place within
the Union o f Burma where all the provisions of this Act are
not in force, shall forthwith report himself to the District
Magistrate, or to such other officer as shall be appointed to
receive such reports by the President o f the Union.
7. The report shall be in writing, and shall be signed

by the person reporting himself, and shall
inêatreportStat0d sPecify his name or names, the nation to which
he belongs, the place from which he shall have
come, the place o f his destination, the object o f his pursuit,
and the date of his arrival. The report shall be recorded by the
officer to whom it is made.
8. The provisions o f the last two preceding sections shall

_ , . not extend to any person being the master or
Foreigners being , r i 1 i i
masters of vessels commander oi a vessel or employed therein,
or employed there- jf a n y such person shall be in any part
in to report them- r , Tt • r n • 1 • 1 •• c
selves when they o i the Union ot Burma in which provisions or
cease to be so the Act are for the time being in force, after
he shall have ceased to be actually employed
in a vessel, he shall forthwith report himself in the manner
aforesaid.
9. I f any foreigner shall neglect to report himself as

required by this Act, he may be dealt
Foreigners neglecting with in the manner hereinafter provided
to report themselves . r ~ •i
may be dealt with in m respect oi foreigners travelling without
like manner as foreign- a license,
ers travelling without a
license.
No foreigner shall travel in or pass through any

X
T
No
A part . o.f the PUnion
foreiqners to r , .
of
.
Burmar in ,which
.
all, the
.
travel in the Union provisions oi this Act are for the time being
of Burma without { n force without a license,
a license.
11. * * *
12. Every such license shall state the name o f the
What to be Person to wh °m the license is granted, the
stated in license, nation to which he belongs, the district or
districts through which he is authorized to pass
or the limits within which he is authorized to travel, and the
period if any during which the license is intended to have
effect.
13. The license may be granted subject to such conditions

License may be aS tîe Pres*dent ° f the Union may direct or
granted subject as the Officer granting the license may deem
t0oco”£ itions .an.d necessary
may be revoked. , n ,
and may
r J.
be revoked
.
at, any
J
time by
J
the President ot the Union or such officer.
14. I f any foreigner travel in or attempt to pass through

- . any part of the Union of Burma without
Foreigner travelling i n •i i i i
without or contrary such license as aforesaid, or beyond the
license C°nmay0nS be ^^str^ct or limits mentioned therein, or after
apprehended. such license shall have been revoked, or shall
violate any of the conditions therein specified,
16 T H E F O R E IG N E R S ACT
he may he apprehended without warrant by any officer exerci

sing any of the powers of a Magistrate or by any police-officer.
15. Whenever any person shall be apprehended by or

taken before the District Magistrate, such
Procedure uP?n Magistrate shall immediately report the case
?ra?e%0report to^the to the President o f the Union and shall
President. cause the person brought before him to be
discharged or pending the orders o f the Pre
sident o f the Union to be detained.
16. Any person apprehended or detained under the
provisions o f this Act may be admitted
Persons apprehended bail by the District Magistrate, or bv
may be admitted to re* -i • i ^ ^v j
bail. any olhcer authorized to grant licenses, and
shall be put to as little inconvenience as
possible during his detention in custody.
17. The President o f the Union may order any person

. f apprehended or detained under the provisions
Removal of per- » i • c
sons apprehended, ot this Act to r emove himselt irom any part
o f the Union of Burma in which all the provi
sions of this Act are for the time being in force, by sea
or by such route as the President o f the Union may direct;
or the President of the Union may cause him to be removed
from any such part of the Union of Burma by such route and
in such manner as to the President o f the Union shall seem fit.
18. The President o f the Union may by order prohibit

President ma anY Person or any class o f persons (not
probibf^ p e r s o n s ^ t being citizens of the Union) from trave
l i n g citizens of the lling in or passing through any part of the
Union from travelling TT P ® , . v „ J, r
or passing through Union ot Burma m which all the provisions
any part of the Union c f this Act may, for the time being, be in
of Burma without a ~ t r • r
license. torce, and from passing from any part
thereof to another without a license to be
granted by such officer or officers as shall be specified in the
order; and, if any person so prohibited shall wilfully disobey
such order, he may be apprehended without warrant by any
of the officers specified in section 14 o f this Act, and carried
before the District Magistrate, and dealt with under the
provisions of section 17 in the same manner as if he were
foreigner; and the President o f the Union may order such
a person to be detained in safe custody or under the surveillance

of the police so long as it may be deemed necessary for the
peace and security o f the Union o f Burma or any part thereof.
19. * * *
20. It shall be lawful for the Commissioner of Police, or

for the District Magistrate, or for any offi-
mayCboard vessels*to Cer appointed to receive reports as mentioned
ascertain whether in the sixth section of this Act, or for any
board.nerS are °n police-officer under the authority of such
Commissioner or Magistrate, to enter any
vessel in any port or place within the Union of Burma in
which all the provisions of this Act may, for the time being,
be in force, in order to ascertain whether any foreigner bound
to report his arrival under the said section 6 of this Act is
on board o f such vessel; and it shall be lawful for such
Commissioner o f Police, Magistrate or officer as aforesaid to
adopt such means as may be reasonably necessary for that
purpose; and the master or commander of
fu “ ishe H8?fo f e p a s U - such vessels shall also, before any o f the
ngers, and to give passengers are allowed to disembark, if he
themmatl°n respecting shall be required so to do by such comm
issioner o f Police, Magistrate, or other officer
as aforesaid, deliver to him a list in writing o f the passengers
on board, specifying the ports or places at which they emba
rked, and the ports or places o f their disembarkation, or int
ended disembarkation, and answer to the best o f his know
ledge all such questions touching the passengers on board the
said vessel, or touching those who may have disembarked in
any part of the Union of Burma, as shall be put to him by
the Commissioner o f Police, Magistrate, or other officer as
aforesaid.
p I f any foreigner on board such vessel in any

to part of the Union of Bunna shall refuse to
Cg W e , n a c c o u n t S:'" o f
himself not to be g}ve atl account of his objects of pursuit in
a ll o w e d to d is e m b a r k - . Y i tt • /» -r i •
the Union of Burma, or it his account
thereof shall not be satisfactory, the officer may refuse to
allow him to disembark, or he may be dealt with in the same
manner as a foreigner travelling in the Union o f Burma
without a license.
18 THE F O R E IG N E R S A C T
21. If the master or commander o f a vessel shall wilfully

give a false answer to any question which
answer V / report9 S0 hy section 20 of this Act he is bound to
answer, or shall make any false report, he
shall be held to have committed the office specified in Section
177 o f the Penal Code.
22. If the master or commander of any vessel shall

, r ,
wilfully neglect or refuse to comply with
Penalty for neglect , J . . P c A , i n
by master of vessel the requisitions oi this Act he shall, on
to comply with conviction before the District Magistrate, be
requisitions of Act. t, c. . i
liable to a tine not exceeding two thousand
kyat.
23. Whoever intentionally obstructs any officer in the

Penalty for exercise of any o f the powers vested in him by this
obstructing Act shall be held to have committed the offence
° icers. specified in section 186 of the Penal Code.
24. * * *
25. The President o f the Union may exempt any person

Persons ma or anY câ8S o f persons, either wholly or partially
be exempTed or temporarily or otherwise, from all or any o f
from provisions the provisions o f this Act contained in any of the
of this Act. / , - , J
sections subsequent to section 5 and may at any
time revoke any such exemption.
26. No ftuit, prosecution or ftther legal proceedings shall

Bar to le al aga^nst anY person for anything which is in
proceeding. good faith done or intended to be done under this
Act.
THE REGISTRATION OF FOREIGNERS ACT.
CONTENTS
Section Page
1. Commencement. 20
2. Definitions. 20
2A. Fees. 22
2B. Powers of immigration official to enter and arrest. 22
3. Power to make rules. 22
4. Burden of proof. 24
5. Penalties. 27
6. Power to exempt from application of Act. 28
7. Protection to persons acting under this Act. 28
8. Application of other laws not barred. 28
9. Extent. 28
Rules. 29
Exemptions. 44
20
THE RE G ISTR ATIO N OF FOREIGNERS A C T.

(Burma A ct V II , 1940) (23rd . March 1 9 4 0)
1. This Act shall come into force on the

Commencement ^ m Q
2. In this A ct—
Definition.
(a) “ Foreigner” means a foreigner as defined in the

Foreigners Act: provided that the following shall not he deemed
to be foreigners for the purposes o f this Act—
( i ) A person duly appointed by a foreign goven-

mcnt to exercise diplomatic functions; or
(ii) a consul or a vice-consul;
(b) * “ prescribed ” means prescribed by the President o f

the Union or by rules made by the President of the Union;
(c) J “ vessel” includes all sea-craft, river-craft and air

craft;
(d) “ Immigration O fficer” means any official o f the

Immigration Department including a Junior Assistant.
Sub-clauses (iii) and (iv) to section 2 (a) w ere omitted

b y the Union of Burma (Adaptation of Laws) Order, 1948.
♦This definition of “ p rescrib ed " was substituted by

Ast XXV of 1956. Formerly it read: prescribed means prescribed
by rules made under this Act.
t This definition was inserted by Act XVIII of 1956.
A foreigner is defined in the Foreigners Act as a

person who is not a citizen of the Union. As to who is a citizen see
the Union Citizenship Act, 1948.
This Act applies only to foreigners and not to citizens.

Persons who are citizens or who com e within the definition of
section 4 (2) of the Union Citizenship Act should not register
themselves under the Foreigners Registration Act. But where a j
citizen has by mistake applied for and obtained a Foreigners
i
THE R E G IS T R A T IO N OF F O R E IG N E R S ACT 21
Registration Certificate he does not by that mere fact cease to be

a citizen of the Union.'
A person who is a citizen under section 4 (2) of the Union

Citizenship Act, does not becom e a foreigner by obtaining a
Foreigners Registration Certificate, nor does he commit any offence
under this Act if he fails to renew the Foreigners Registration
Certificate, which he has obtained by mistake. One Bishna Lai 2 a
dhobi by profession and admittedly of Indian origin was sent up for
trial before the learned third Additional Magistrate, Mandalay, and
convicted of an offence under section 5(1) of the Registration of
Foreigners Act and directed to pay a fine of K. 20 or in default to
suffer one month’s rigorous imprisonment for having failed to renew
his Foreigners Registration Certificate which expired on the 22nd
August 1957. That the applicant had taken out a Foreigners Regis
tration Certificate was admitted but he contended that he is a Burmese
citizen by virtue of the fact that both he and his parents were born
in Burma and had resided in and made Burma their permanent
home vide section 4(2) of the Union Citizenship Act 1948. It was
also contended on behalf of the applicant that he had taken out a
Foreigners Registration Certificate under the mistaken belief that
he was legally bound to do so and that in any case this fact did
not divest him of his Burmese citizenship as he had not registered
with the Indian Embassy as an Indian or obtained a passport
from that quarter. In short, the applicant's defence was that he was
a Burmese citizen and thus not required to take out any Foreigners
Registration Certificate. The learned trial Magistrate was of the view
that as the applicant had taken out a Foreigners Registration Certi
ficate and failed to renew it he must be deem ed to have committed
an offence under section 5(1) of the Registration of Foreigners Act.
The learned Additional Sessions Judge, Mandalay, submitted the
proceedings to the High Court with a recommendation that the
above conviction and sentence be set aside.
It was held by the High C ou rt:

Per U Thaung Sein, ] " That as pointed out by the learned Additional
Sessions Judge, it had been laid down by the Supreme Court in
Tai Yu Han Vs. The President of the Union of Burma and one that
a Burmese citizen was not automatically divested of his nationality
by merely taking out a Foreigners Registration Certificate. If the
1. Tai Yu Han Vs.. The Union of Burma and one: 1953 B. L. R. 47 S. C.
2. Bishna Lal Vs The Union of Burma, Criminal Revision No. 57 B of 1958 of the High Court
sitting at Mandalay.
22 THE R E G IS T R A T I O N OF F O R E IG N E R S ACT
citizen concerned registered as a foreigner with a Foreign Embassy

or obtained a passport from a Foreign Government then indeed he
would be be divested of his Burmese citizenship vide section 14A(3)
of the Union of Citizenship Act 1948. In the present case, if the
applicant was a Burmese citizen then the mere fact that he took out
a Foreigners Registration Certificate out of sheer ignorance would
not divest him of his citizenship as he had not registered with the
Indian Embassy. With regard to his Burmese citizenship, there
could be no dispute that both the applicant and his parents were
born and bred in Burma and that they had made Burma their
permanent home. Hence he was clearly a Burmese citizen vide
section 4 (2) of the Union Citizenship Act and there was no necessity
to take out a Foreigners Registration Certificate.” Accordingly the
conviction and sentence passed on the applicant Bishna Lai were
set aside and he was acquitted.
Also see notes under section 3 of the Foreigners Act in this
connection.
2A. Fees may be charged for the issue or the annual

renewal o f Certificate o f Registration or for the supply
F ee. o f duplicate copies o f Certificate o f Registration lost
or destroyed at such rates as may be prescribed.
This section was inserted by Act XXV of 1956. Before the

insertion foreigners w ere not required to renew their foreigners
registration certificates annually.
2B. Any Immigration Official may enter any place or

vessel and arrest without warrant any per-
Powers of Immigration son whom he may reasonably suspect o f
0 1 1 10 1 31 to pnfor a n H J •/ x
nrrest. contravening or having contravened or being
about to contravene any provisions of this
Act or the Rules made thereunder.
This section was inserted by Act XVIII of 1958.
3. The President o f the Union may by notification

P n w p r to
make rules with respect to foreigners for any
rn sV c s a •/ d
rules. or all o f the following purposes, that is to say: -
(a ) For requiring any foreigner entering,

present in, the Union o f Burma to report his presence to a
prescribed authority within such time and in such manner
and with such particulars as may be prescribed ;
T H E R E G IS T R A T I O N OF F O R E IG N E R S A C T 23
(b) for requiring any foreigner moving from one

place to another place in the Union o f Burma to report, on
arrival at such other place, his presence to a prescribed
authority within such time and in such manner and with such
particulars as may be prescribed;
(c) for requiring any foreigner who is about to
leave the Union o f Burma to report the date o f his intended
departure and such other particulars as may be prescribed to
such authority and within such period before departure as
may be prescribed ;
(d) for requiring any foreigner entering, being
present in, or departing from, the Union of Burma to produce,
on demand by a prescribed authority, such proof o f his identity
as may be prescribed;
( e ) for requiring any person having the manage
ment o f any hotel, boarding house, or any other premises of
like nature—
(i) to record particulars of any person residing
therein, and
(ii) in the case o f foreigners, to report such
particulars to snch authority as may be prescri
bed, in accordance with prescribed conditions;
( f ) for requiring any person in charge of any
vessel or other conveyance to furnish to a prescribed author
ity such information as may be prescribed regarding any person
entering, or intending to depart from, the Union of Burma in
such vessel or other conveyance, and to furnish to such
authority such assistance as may be necessary or prescribed
for giving effect to this A c t ;
(g) for payment o f fees by foreigners under sec
tion 2A; and
(h) generally for carrying out the purpose o f this
Act.
Clause (g) above was inserted by Act XXV of 1956.
The Rules made under section 3 of this Act are reproduced

hereinunder after this Act.
24 T H E R E G IS T R A T IO N O F F O R E IG N E R S ACT
4. I f any question arises with reference to this Act or any

, rule made thereunder whether any person is or is
Burden of proof. c . . ' r» e
not a ioreigner or is or is not a ioreigner ot a
particular class or description, the onus o f proving that such
person is not a foreigner or is not a foreigner o f such parti
cular class or description, as the case may be, shall notwith
standing anything contained in the Evidence Act, lie upon
such person.
This section shifts the burden of proof on the alleged

foreigner. Similar provisions are contained in section 2 of the
Foreigners Act and section 13A and 13B of the Burma Immigration
(Em ergency Provisions) Act 1947. See Law Lu Vs. The Union of
Burma,3 where it was observed that the burden of proof does not
re-shift on the prosecution.
5.(1) Any person who contravenes, or attempts to

Penaltiescontravene, or fails to comply with, any provision
o f this Act or o f any rule made thereunder shall be
punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
(2) Any foreigner convicted under sub-section (1) may,

in addition to the punishment prescribed in the said sub-section,
be deported by an order of the President, or of such authority
as may be appointed by him in that behalf.
(3) The President of the Union or such authority as

may be appointed by him under this sub-section, may, in lieu
o f prosecution order any foreigner who contravenes any of the
provisions o f this Act or of any rule made thereunder to be
deported from the Union of Burma and pending orders of
deportation such foreigner may be detained in such manner as
the President o f the Union may direct.
(4) The President o f the Union or the authority com

petent to order deportation under sub-section (3) shall have
power to adjudge if any foreigner has in fact contravened any
of the provisions o f this Act or o f any rule made thereunder.
3. Criminal Revision No. 5 B of 1959 of the High Court sitting at Mandalay.

T H E R E G IS T R A T IO N O F F O R E IG N E R S AC T 25
(5) Any foreigner who has been ordered to be deported

under sub-section (2) may be apprehended without warrant by
any Immigration Official and be detained by such authority
and in such manner as the President of the Union, may direct
pending the completion o f arrangements for his removal out
of the Union o f Burma.
(6) Any foreigner apprehended and detained under the

provisions o f sub-section (5) may be admitted to bail by such
authority and upon such terms and conditions as may be
prescribed by the President o f the Union.
(7) Every order o f deportation made under sub-section

(2) or sub-section (3) shall remain in force until it is revoked
by the President o f the Union.
(8) I f any foreigner against whom an order of deporta

tion has been issued fails to comply with the order in any
respect, or having left the Union o f Burma without the
permission in writing o f the President of the Union while the
order is still in force, he shall be liable to imprisonment for a
term which shall not be less than three years or to fine or to
both and shall in addition to such penalty be liable to be
deported again from the Union o f Burma in pursuance o f the
orders.
Originally this section read as follows :—
"5 . Any person who contravenes, or attempts to contravene

or fails to com ply with, any provisions of this Act or of any rule
made thereunder shall be punished, (i) if a foreigner, with
fine which may extend to one thousand rupees or with both and
shall also be lialole to be deported.! or (ii) if not a foreigner, with
fineTwhich may extend to five hundred rupees."
I
But this was substituted by Act XXVII of 1952 to read as
sub-section 5(1) and (2) above. The present sub-sections (5),(6),(7)
I and (8) were then inserted by Act L of 1953 as sub-sections (3),(4),
f (5) and (6.) Act XL of 1957 then inserted sub-sections (3) and (4) as
P) existing and renum bered the subsequent sub-sections as (5), (6)
(7) and (8) with other necessary alterations. ,
26 T H E F O R E IG N E R S R E G IS T R A T IO N ACT
A person who is a citizen of the Union under section 11 (i),

(ii) or (iii) of the Constitution or under section 4 (2) or other relevant
sections of the Union Citizenship Act 1948 cannot be prosecuted
under section 5 of the Foreigners Registration Act for failure to
renew the foreigners registration certificate which he might have
obtained by mistake. He does not cease to be a citizen by merely
having obtained a Foreigners Registration Certificate. In the case
of one Bishna Lai, who was of Indian origin, but who was a citizen
of the Union under section 4 (2) of the Union Citizenship Act it was
held that he did not commit any offence for not renewing the
Foreigners Registration Certificate which he had obtained by
mistake. See notes at page 21 above.
Hpan Pein Hmway4 and seven others, who w ere members of
a Chinese family, were sent up for trial before the Western Sub-
divisional Magistrate, Mandalay, charged with offences under section
13(1) of the Burma Immigration (Emergency Provisions) Act 1947.
The case against them was tried summarily and as they all
pleaded "guilty" they were convicted and the 1st, 2nd 3rd and 4th
accused who were adults were directed to pay a fine of K. 40
each or in default one month's rigorous imprisonment, while the
remaining 5th to 8th accused whose ages ranged from 7 to 11 years
were released after due admonition. Consequent to their convictions,
the Deputy Commissioner Mandalay proceed ed to take action
against them for their deportation to China under section
7 of the Burma Immigration (Emergency Provisions) Act 1947. It was
only then that they realised the serious consequences which were
likely to ensue as a result of their plea of "guilty" and the convict
ions which followed on that plea. They pleaded with the Deputy
Commissioner that they had been residents of Burma for many
years prior to World War II and that they had not in fact entered
Burma illegally. But unfortunately for them, their plea was not
of their convictions. They applied to the
a revision of the order of the Western
without result and they then applied
" All that I propose to say is that this

to the ruling in Sri Sawarmal. Vs.
5 where it was laid down
V». Union of Burma: 1958 B. L. R. 275 H.C

T H E F O R E IG N E R S R E G IS T R A T IO N A C T 27
' Held: Even when an accused person pleads 'guilty' before

it accepts the’ plea and enters a conviction, the trial Court
should consider whether the accused fully understands the
nature of the charge, the facts of the case and the serious
consequences which such a plea would entail.
'Held also: Though the High Cout’s powers are restricted by

S. 412 of the Criminal Procedure Code against entertaining
appeals in cases where the accused has been convicted on
his own plea of guilt. Yet its revisional powers in such
matters are not similarly restricted, and, at the same time its
inherent pow er can be invoked to quash the conviction
and sentence.’
In the present case also the applicants four of whom are mere
children appear to have been totally ignorant of the serious
consequences which might ensue on their plea of guilty nor does
it appear that they fully understood the nature or quality of the
charge levelled at them” . The application was allowed and the
convictions and sentences passed on the eight applicants were
set aside and they were directed to be retried.
One Moti Maya was prosecuted under section 5 (1) of the

Foreigners Registration Act for not obtaining a Foreigners Regist
ration Certificate. She confessed judgment in the trial Court, but
she filed an application for revision supported by affidavits that
she did not understand the legal implications of her admission of
the fact of not having obtained a Foreigners Registration Certifi
cate and that as stated in her and supporting affidavits, she was
in fact a citizen of the Union under section 4 (2) of the Union Citizen
ship Act. The High Court accepted her application and set aside
the conviction and ordered a retrial.
6. The President o f the Union may, hy order, declare

that any or all the provisions o f the rules
from^pphcahonofTct made under this act shal| not apply or shall
apply only with such modifications or subject
to such conditions as may be specified in the said order, to or
in relation to any class or description o f foreigners.
6. Moli Maya Vs. The Union of Burma: Criminal Revision No. 106 B of 1959 of the
High Court sitting at Mandalay.
28 T H E R E G IS T R A T IO N O F F O R E IG N E R S AC T
For exemptions under this section see Burma Gazette 1948

Part 1, page 1596 dated 25th. D ecem ber 1948 which are also
reproduced herein below.
As the Inland Water Transport Board is an organisation of
the Government, a foreigner em ployed in the Rangoon Foundry
of the Inland Water Transport Board who possesses an Identity
Card issued by the Board is exem pted from the provisions relat
ing to registration of Foreigners contained in the Registration of
Foreigners Rules 1948 made under this Act, vide paragraph 4 of
the Exemption Order No. 4 of the Foreign Office Notification.7
7. No suit, prosecution or other legal proceedings shall
lie against anv person for anythig which is
Protection to person . i r •. i " i • . 1 1 1 i
acting under this Act. m good taith done or intended to be done
under this Act.
8. The provisions o f this Act shall be in addition to, and
, not in derogation of, the provision o f the
Application of „ , 1 , r ,
other laws not foreigners Act and any other law tor the time
barred being in force.
9. The President o f the Union may by notification,
Extend extent^ this Act to any area within the Union of
Burma, in which it is not already in force.
This section was inserted by Act XLV of 1950.
7. Kawli Janna Vs. The Union of Burma : 1955 B.L R, 63 H. C.

THE REGISTRATION OF FOREIGNERS RULES, 1948.
(W ith subsequent amendments up to 1st. October 1960)
1. (1) These rules may be called the Registration of

Short title. Foreigners Rules, 1948.
(2) They shall come into force on 4th January 1949.
2. In these rules unless there is anything repugnant in

Definitions. the subject or context:
(a ) “A ct” means the Registration o f Foreigners Act;
(b ) “Certificate o f Registration” means a Certificate of
Registration issued in pursuance o f Rule 6;
(c ) “district” means a civil administrative district; and
for the purpose o f these rules, each o f the following
shall be deemed to be a district
(i) All that area falling within the jurisdiction o f the
Resident, Northern Shan State;
(ii) All that area falling within the jurisdiction o f the
Resident, Southern Shan State;
(iii) The Karenni State;
(iv) The Northern Chin Hills District;
(v ) The Southern Chin Hills District;
(vi) The Bhamo District (the Kachin State):
(vii) The Myitkyina District (the Kachin State);
(d ) “ Form” means one of the forms appended to these

rules ;
( e) “ master o f the vessel ” includes the commander o f an
aircraft and any person authorized by such master
or commander to discharge on his behalf any of
the duties imposed upon him by these rules;
(f) “ passenger” means any person travelling or seeking
to travel on board a vessel who is not a bonafide
seaman or airman;
lg ) “ registered address” means a foreigner’s address in
Burma as reported under Rule 5 and recorded in
item 18 of his Certificate o f Registration;
30 T H E R E G IS T R A T IO N O F F O R E IG N E R S R U LE S
(h ) “ Registration O ffice r” means a Registration O fficer

appointed by the President under the provisions o f
Rule 3 o f these rules;
( i ) “ residence” means ordinary dwelling place in Burma;
( j ) “ seam an” means a person em ployed on, or engaged
in the working o f a vessel;
( k ) “ tou rist” means a foreigner having no residence or
occupation in Burma whose stay in Burma does not
exceed three months, who has no other object in
visiting Burma than recreation or sight-seeing and
whose Certificate o f Registration has been endorsed
“ T ou rist” in accordance with the provisions o f
Rule 7 ;
( 1 ) “ vessel”, for the purpose o f these rules, shall include
an aircraft.
3. The President may appoint Registration Officers for

the purpose o f these rules for such areas as
Registration Officers, thinks fit
4. E very passenger who arrives in Burma on board any
vessel shall, on being required so to do by or
Passengers on OI1 behalf of, the master o f the vessel furnish
vessels to report arri- , . . . , ..
Vai in Burma true particulars as to his name and nationality
and, if he is a foreigner, his age, sex, place o f
birth and address or intended address in Burma, the purpose
o f his visit and the proposed length o f his stay in Burma,
and such other particulars as may be prescribed in this behalf.
5. (1) Every foreigner entering, or being present in Burma

shall report in person to the appropriate R egis-
Reportby foreign- tration O fficer prescribed by Rule 6 the fact of
er of his address in . . . , i •
Burma, etc. h]S arrival or presence, as the case m ay be, in
Burma.
t
(2) He shall also furnish a true statement o f his address
in Burma and o f the other particulars specified in items 2 to
18 o f Form A and, in the case o f a foreigner entering Burma,
such o f the particulars specified in items 19 to 22 thereof as
may be appropriate. He shall also, at the same time, furnish to
the Registration O fficer, three copies o f a passport size p h oto
graph o f himself. Purdahnashin women shall not be required
to furnish photographs.
THE R E G IS T R A T IO N O F F O R E IG N E R S R U LE S . 31
(3) For the purposes o f sub-rule (2) a foreigner’s address

in Burma shall be—
(a) the place of his residence, or
(b) if he has no residence, the place at which he is living

at the time o f making his registration report, or at
which he first intends to live after his arrival in
Burma.
6 (1) The report referred to in sub-rule 5 (1) shall be made-
(a) by a foreigner who is present in Burma on the date

P ro c e d u re for cornmencement o f these rules, within three
R e g is tra tio n . hundred and one days of the said date, to the
Registration Officer of the district in which his
address in Burma is situated, or, if on the said date
and for a period of three hundred days thereafter the
foreigner is absent from that district, to the
Registration Officer o f the district in which the
foreigner is for the time being present;
(b) by a foreigner who enters Burma on Board a vessel
at such time and place and to such authority as
may be specified for the purpose by general or special
direction o f the Registration Officer o f the port or
other place o f arrival;
(c) by a foreigner who enters Burma by land, within
seventy-two hours o f his arrival at the first land station
in Burma to such authority as may be specified for
the purpose by the Registration Officer in whose
jurisdiction the said land station falls.
(2) Every foreigner making a report shall furnish to the

Registration Officer such information as may be in his posse
ssion for the purpose of satisfying the said officer as to the
accuracy o f the particulars specified therein.
The Registration Officer shall thereafter cause Form A in

triplicate to be filledin in respect o f the foreigner making the
report. Each copy o f form A shall have affixed to it in such
a way as to obviate the possibility o f its removal and the
32 THE R E G IS T R A T IO N O F F O R E IG N E R S R U LE S
substitution o f another, a photograph o f the person making

the report duly authenticated by the Registration Officer and
shall also have affixed to it, a genuine signature o f the said
person, or in the case o f an illiterate, a clear thumb impression
in triplicate. The foreigner shall thereupon be entitled to
receive from the said Registration Officer a Certificate o f
Registration in Part III o f Form A:
Provided that, in any case in which a report is made by

a foreigner who enters Burma on board any vessel to the
Registration Officer o f the port or other place o f arrival and
the foreigner’ s address in Burma is not within the jurisdiction
of that Registration Officer, a temporary certificate in Form
B shall be issued and the said foreigner shall thereafter comply
■with the conditions set out in Form B:
Provided also that, if a foreigner, who re-enters Burma

during the period of validity o f his Certificate o f Registration,
reports his re-entry to the Registration Officer o f the district
concerned within thirty days from the date o f such re-entry,
the said foreigner may be granted his old Certificate o f Registra
tion didy re-validated or he may re-register as required by
Rule 5 (1).
(3) I f in pursuance of clause (a) o f sub-rule (1), a foreign

er makes a report to the Registration Officer o f a district
other than the district of his registered address, then for so
long as the said foreigner does not return to the district o f his
registered address, that Registration Officer shall, for the
purposes of Rules 10, 11 and 12, be deemed to be the Registra
tion Officer of the district in which his registered address is
situated.
(4) A foreigner who is classified under Rule 7 (1) by the

Registration Officer as a tourist will be required to furnish
only those particulars required under items 2, 16, 17, 19, 20,
21 and 23 of Form A. He is also exempted from the liability
to furnish photographs o f himself.
/'
(5) (a) The names o f children below the age of 18 years
shall be entered in the Certificates o f Registration o f their
parents and in the absence o f their parents their names should
be entered in the Certificates o f Registration of their guardians
T H E R E G IS T R A T IO N O F F O R E IG N E R S R U LE S 33
and in addition Certificates o f Identity in Form AA shall be

issued to children above the age o f 12 and below the age of
18 years. They shall, however, apply for separate Certificates
of Registration within thirty days of their 18th birthday and
Certificate of Identity in Form AA within 30 days o f their
12th birthday.
(b) Children below the age o f 18 years who have

neither parents nor guardians will be issued Certificate of
Registration free o f fees, but on attaining the age o f 18 years
they shall apply for Certificates o f Registration on payment
o f the prescribed fees.
(6) Every foreigner who registered himself prior to 1st

October 1956 shall be deemed to have registered in accordance
with the provisions o f this sub-rule and every such foreigner
who is above the age o f 18 years shall renew his Certificate
o f Registration on or after the 1st October 1956, within thirty
days from the date on which his Certificate o f Registration
would cease to be valid had the provisions o f sub-rules (2) (a)
and (b) o f Rule 7 regarding the annual renewal of Certificates
o f Registration been in force prior to the 1st October 1956.
7. (1) If the Registration Officer is satisfied that any

foreigner entering Burma is a bonafide tourist,
Period of validity jje wj]i endorse on the Certificate o f Registra-
Registrati^n65 ° tion the word “ Tourist ” together with the date
on which the said certificate shall expire.
Where a tourist enters Burma on the authority o f a visa

issued to him under the Burma Passport Rules, 1948, or o f a
temporary immigration permit under the Burma Immigration
(Emergency Provisions) Act, 1947, this date shall be the date
o f expiry o f the visa or immigration permit.
(2) (a) The Certificate o f Registration issued in respect

o f any foreigner shall be valid for a period o f one year from
the date o f registration.
(b) Every foreigner shall renew his Certificate of
Registration annually. The annual renewal shall be made within
t hirty days from the date on which the Certificate o f Registra
tion would cease to be valid.
u T H E R E G IS T R A T IO N O F F O R E IG N E R S R U LE S
(3) Any tourist who is in Burma after the date o f the

expiry of his Certificate o f Registration shall cease to be a
tourist within the meaning of these rules.
8. (1) Every foreigner entering Burma shall, on demand

being made of him by the Registration Officer,
proiTfôfC*identity deliver his passport or other proof o f identity
to that officer and shall thereafter attend at
such time and place as the Registration Officer may direct for
the purpose o f receiving back his passport or other proof of
identity.
(2) Where in pursuance of sub rule (1) a foreigner
surrenders his passport or other proof o f identity he shall be
entitled to receive a receipt for it from the Registration
Officer.
9. Every foreigner who is by these rules required to have

Production
of 11 Certificate of Registration or Certificate o f
Certificate of Identity shall, within twenty-four hours of
Registration. demand being made of him by any Registra
tion Officer, any Magistrate or any Police Officer or officer of
the Immigration Department not below the rank o f Sub-
Inspector produce or cause to be produced such certificate
for the inspection o f such Registration Officer, Magistrate or
Police Officer or officer o f the Immigration Department:
Provided that the Registration Officer, Magistrate or

Police Officer or officer o f the Immigration Department may,
on sufficient cause being shown, extend the aforesaid period
o f twenty-four hours to such period as, in the circumstances,
may be reasonably necessary for the production of the said
certificate.
10. (1) If at any time a foreigner is absent from his

registered address for a continuous period of
Report of temporary one month, he shall report to the
ea address.11 re91Mor Registration Officer of the district in which
he happens to be residing temporarily, his
current address. He shall also thereafter report every change
of address to the Registration Officer of the district in which
each new address is situated, including his return to his
registered address.
(2) Any Registration Officer may either at the time

o f issue o f the Registration Certificate, or at any subsequent
time require any foreigner to report every temporary change
o f address exceeding twenty-four hours to the Registration
Officer of the district in which his temporary address is
situated. Such a direction shall be made in writing by the
foreigner concerned.
11. (1) Every foreigner who effects any change of his add
ress in Burma shall, within seventy-two hours
registered °fCaddrLs! o f his arrival in the new address, report his
arrival to the Registration Officer o f the
district o f his new address. This report may be made by letter.
(2) A foreigner shall be deemed to change his

registered address—
(a) if he changes his residence from one place to

another place in Burma:
(b) if having no residence, he leaves his registered
address knowing that he is not likely thereafter to
return thereto within six months o f leaving it.
12. Without prejudice to the provisions o f Rules 10 and

11, every foreigner shall furnish to
Other'man'of address8 Registration Officer o f the district in which
his registered address is situated particulars
o f any circumstance affecting in any manner the accuracy of
the particulars recorded in his Certificate o f Registration
within fourteen days after the circumstance has occurred, and
generally shall apply to the Registration Officer all such
information as may be necessary for maintaining the accuracy
o f that certificate. This may be done by letter.
13. Except in regard to tourists who are directed under

Rule 10 (2) to report all temporary changes of address exceed
ing twenty-four hours nothing in Rules 10, 11 and 12 shall
apply to any tourist for so long as the period o f validity of
his Certificate o f Registration has not expired.
36 T H E R E G IS T R A T IO N O F F O R E IG N E R S R U LE S
14. (1) Every keeper o f a hotel shall require every

visitor to the hotel to record legibly, or fur-
Heport to be made nish the particulars necessary for recording,
to and by hotel keep- , . ' , . . . , .
ers and sign, on his arrival at the hotel, his name
and nationality in a register maintained for
the purpose and, if any such visitor is a foreigner, shall further
require him—
^ (a) on his arrival at such hotel to complete, or furnish the
particulars necessary for the completion o f Form
C ; and
(b) at the time of his departure from such hotel to record,
or cause to be recorded, in the said register, the date
and time o f his departure and address to which he
is proceeding.
(2) The register prescribed by sub-rule (1) shall at all
times be made available for inspection on the demand o f any
Registration Officer, any Magistrate or any Police Officer or
officer of the Immigration Department not below the rank
o f Sub-Inspector.
(3) Every visitor to any hotel shall, on being required

so to do by the keeper of the hotel record legibly or furnish
the particulars necessary for recording, and sign his name and
nationality, in the register prescribed by sub-rule (1) and, if
such visitor is a foreigner, shall also—
(a) on his arrival at such hotel to complete or furnish the

particulars required for the completion o f F orm C ;
(b) at the time of his departure from such hotel, record
or furnish the particulars necessary for recording
in the said register the date and time o f his depar
ture and the address to which he is proceeding.
(4) Every particular other than the signature o f the keep

er o f a hotel or a visitor, which is required by this rule to
be recorded in the said register in Form C, shall be recorded
in Burmese or English.
(5) I f a visitor does not understand the Burmese or

English language, it shall be the duty o f the keeper o f the hotel,
if so requested, to explain to the visitor the requirements of
this rule and Form C.
(6) The keeper o f the hotel shall, as soon as majHbe, but

not later than twenty-four hours after the arrival o f any forei
gner, transmit a copy o f Form C to the Registration Officer.
(7) For the purposes o f this rule—
(a) “ hotel” includes any boarding-house, club, dak-

bangalow, rest-house or other premises of like nature;
(b) “ keeper o f a hotel” means the person having the
management o f a hotel and includes any person
authorized by him, and competent, to perform the
duties o f the keeper of the hotel under this rule;
(c) “sign” includes in respect o f a visitor who is unable
to write, the making of a thumb impression ;
» (d) “ visitor” means a person for whom accommodation
is provided at a hotel.
(8) Copies o f Form C may be obtained on application

from any Registration Officer.
15. (1) Every foreigner who is about to depart from

Burma shall produce his Certificate of
Sut
r ref oer c ?rtifi-
cate of Registration on
Registration
*2 ,. .
before
,
the Registration Officer
. . , , 8 ,
departure. oi the district irom which he proposes to leave
Burma, and such Registration Officer shall
make, sign and seal on the said certificate an endorsement
to the effect that the said report has been duly made. The
Registration Officer shall then retain the certificate and shall
provide the foreigner with a temporary certificate stating that
the foreigner has surrendered his Registration Certificate as
he is about to leave Burma and specifying the period for
which the temporary certificate is valid. I f for any reason,
the foreigner is unable to leave Burma within the period of
validity of the temporary certificate, he shall report to the
Registration Officer giving full reasons, and the period of
validity may thereupon be extended by the Registration
Officer.
Always provided that the stay of the foreigner in Burma

during the period specified in the temporary certificate,
including any extension, is authorized by the Immigration or
Passport Regulations.
38 THE R E G IS T R A T IO N O F F O R E IG N E R S R U LE S
(2) No such temporary certificate shall be valid for more

than thirty days in all, whatever the circumstances, and a
foreigner, who is unable to leave Burma during the period o f
validity of the temporary certificate shall, within seventy-two
hours of the expiry o f the period o f validity o f the said
temporary certificate, surrender the same to the issuing
Registration Officer and the said foreigner shall thereupon be
entitled to receive back his old Certificate of Registration with
an endorsement that he does not leave Burma.
(3) The temporary certificate shall serve as a registration

certificate for the district o f issue only and for the period of
its validity or until the foreigner’s departure, whichever is
earlier.
(4) The temporary certificate shall be surrendered—

(a) when the foreigner leaves Burma on board a vessel,
to the master o f the vessel ;
(b) when the foreigner leaves Burma by land, to the
last Police or Immigration outpost in Burma.
(5) For the purpose o f this rule Mingaladon Airport

shall be regarded as falling within both the Rangoon and the
Insein Districts.
(6) Every passenger for whom a berth has been engaged

by or on behalf o f Government who is due to depart from
Burma on board any vessel shall furnish in writing to the
Registration Officer concerned a true statement o f the particu
lars set out in items 1, 2 and 10 and, if he is a foreigner, also
items 3 to 9 of Form D.
Copies o f Form D may be obtained on application from

/Registration Officer and must be completed before him.
The right of an alien to leave a country provided he has

com plied with formalities required of him was upheld by the
Supreme Court when it dealt with the application of V. E. RM. N.
RM. Kasi Vishwanathan Chettiar in the nature of Habeas Corpus
and Mandamus against the Official Assignee of the High Court and
the Controller of Immigration.
8. V. E RM. N. RM Kasi Vishwanathan Chettiar Vs The Official Assignee and
one : 1958 B. L. R. 74 S.C.
THE R E G IS T R A T IO N O F F O R E IG N E R S R U LE S . 39
The applicant V, E. RM. N. RM. Kasi Vishwanathan Chettiar

an Indian subject, came to Burma on a temporary visa in February
1958 and intended to return to India on April 30. When he went
for his D form however he was refused. Without this form, no
shipping or airline office would sell him a ticket.
Section 15 of the Registration of Foreigners Rules says copies
of Form D may b e obtained on application from any Registration
Officer. Though this would make it appear that the form may
b e obtained merely for the asking, as one would, a telegraph
message form, in practice it is issued only in three places in
Burma — Rangoon, Mandalay and A k ya b — by the Controller of
Immigration. This is to ensure that whoever leaves Burma goes
through the formality of surrendering in Registration Certificate
before his departure.
In this case, the applicant had complied or was willing to
comply with all the formalities but the D form was withheld on the
request of the Official Assignee, who had alleged that the applicant’s
firm had been unauthorisedly credited with the assets of K. E. G.
Sundaresan Chettiar in connection with Insolvency case No. 265 of
1933, whose records had been lost during the war. The applicant
protested that he was on a visit and in no position to force
Sundaresan to do anything. Some records he himself had, were in
India. Since his visa was expiring he sought for the D form, only
to be told of the Official Assignee’s instructions. In the meantime,
he had interviewed the Official Assignee at the latter’s request and
submitted to examination by the Official Assignee’s advocate, on
the promise that the Official Assignee would withdraw his instruc
tions to the Controller of Immigration.
Next, the Official Assignee made an application to the High
Court for permission to examine the applicant under section 36 of
the Rangoon Insolvency Act. However the Court observed that it
was in no position to justify what had been done prior to the
issue of summons, and that the said application therefore had to
take its own course.
Learned Counsel for the Official Assignee submitted that the

applicant not being a citizen or even a resident of Burma had no
right to move the Supreme Court for enforcement of any fundamen
tal right guaranteed only to citizens under the Constitution.
The Supreme Court held
Per U Myint Thein, C. J.—It is tiue that certain fundamental

40 T H E R E G IS T R A T IO N O F F O E IG N E R S R U LE S
rights are guaranteed specifically to citizens under chapter II of

the Constitution but this does not mean that they are denied to
aliens. Full exercise of such rights may be subject to conditions, as
in the case of transfer of land to an alien, which requires the permi
ssion of the President under the Transfer of Property (Restriction)
Act. But most rights are assured to citizen and alien alike and their
full enjoyment is unrestricted; and such rights are not to be denied
without legal authority. The right of an alien to leave a country is
internationally recognised. See Oppenheim’s International Law,
Volume 1, paragraph 322 which says
'Since a State holds only territorial and not personal supremacy

over an alien within its boundaries, it can never, in any
circumstances, prevent him from leaving its territory,
provided he has fulfiled his local obligations, such as
payment of rates and taxes, of fines, of private debts and
the like.'
W e endorse this view and we would only add that the

■local’ obligations must refer not to mere claims but to legal
obligations such as decrees and orders of Courts and competent
authorities. ”
The Court declined to accept the contention that the D form
was within the discretion of the Controller. The Rules as framed
might be stretched to ensure that a person leaving Burma complied
with them but if he had done so, the stage was reached for the
Controller to perform his duty to issue the form so that the person
seeking it might make his final arrangements for departure.
An alien has the right to leave a country. It is a basic

human right which should not be denied. In this matter it was in
conformity with recognised international practice to lift the ban
placed upon the applicant.
The Controller of Immigration was directed to issue a D form

to the applicant.
16. (l)T h c master of any vessel arriving at or leaving any

, place in Burma shall—
Obligation of master 1
ol vessels, etc.
(a) before any passenger disembarks or embarks,
supply to the Registration Officer of the place of
arrival in, or departure from Burma a schedule of
passenger in Form E or Form F as the case may be;

(b) require every foreign passenger who is about to
disembark in Burma to furnish the particulars required
for the completion o f items 2 to 18 o f Form A and
such o f the particulars specified in items 19 to 22 as
may be appropriate and direct him to attend at such
place and time as may be specified by the Registration
Officer for the purpose o f giving him the direction
prescribed by clause (b) of sub-rule (1) of Rule (6),
(c) if so requested by the Registration Officer require
any foreign passenger about to depart from Burma
to surrender his Certificate o f Registration, and
deliver such certificate together with the schedule
in Form F to the Registration Officer;
(d) furnish to the Registration Officer on arrival at
the said place a true statement in writing showing
the name and nationality o f every seaman employed
on such vessels and at the time of departing from
such place take such step as the Registration
Officer may specify to ascertain whether or not any
such seaman aforesaid who is a foreigner is about
to depart on board such vessels ; and
(e) generally, render to the Registration Officer such
assistance as he may reasonably require for carrying
out the purpose o f the Act and these rules.
(2) Every particular, other than the signature o f a

foreign passenger which is required by this rule to be recorded
in Form A, sball be recorded in Burmese or English.
(3) I f a foreign passenger does not understand the

Burmese or English language, it shall be the duty o f the
master o f the vessel, if so requested, to explain to the foreign
passenger the requirements of this rule and Form A.
(4) The person having the management o f any vessel,

shall—
(a) require any person who intends to embark on that
vessel for the purpose of leaving Burma to produce
in writing a true statement o f the particulars set
THE R E G IS T R A T IO N O F F O R E IG N E R S R U LE S
out in the items 1, 2 and 10 and, if he is a foreigner,

also items 3 to 9, o f Form D ;
(b) cause duly completed Form D to be delivered
together with the schedule in Form F to the
Registration Officer o f the place o f departure;
(c) take steps to ensure that no foreigner embarks
until authorized so to do by the Registration Officer.
(5) Forms D, E and F shall be completed in the Burmese

or English language.
17 (1) There shall be paid for each Certificate o f Registra-

Fees t*on initial,y issued or for annual renewal o f a
Certificate o f Registration a fee o f K 50.
(2) (a) I f any Certificate o f Registration issued under these

rules is lost or totally destroyed, the foreigner to whom it was
issued shall make to the Registration Officer o f the district
in which the loss or total destruction has occurred within
seventy-two hours a report of the circumstances in which it
was lost or totally destroyed. The Registration Officer to
whom the report is made shall, if he is satisfied as to the
loss or total destruction, issue the foreigner with a temporary
permit pending the issue o f duplicate copy o f the Certificate
of Registration.
(b) The foreigner shall also submit within 6eventy-two
hours o f the loss or total destruction, an application in writing,
accompanied by three copies o f passport size photograph of
himself, for the issue of a duplicate copy o f the Certificate o f
Registration to the Registration Officer o f the district in which
his registered address is situated. When the loss or total
destruction has occured in a district other than the district
in which his registered address is situated, the application
shall be submitted through the Registration Officer o f that
district.
(c) A fee of K 50 shall be paid for each duplicate copy
o f Certificate o f Registration issued in lieu o f the one which
is lost or totally destroyed.
(d) A fee K 30 shall be paid for each re-validation
made under the second proviso to Rule 6.
THE R E G IS T R A T IO N O F F O R E IG N E R S R U LE S 43
(e) A fee of K 10 shall be paid for each duplicate

copy o f a Certificate o f Registration issued in lieu o f the one
which has become soiled or worn out.
(3) The fee prescribed in sub-rules (1) and (2) is subject

to the condition that application, accompanied by the
prescribed fee, is made within the period prescribed in the
relevant Rules. I f this condition is not complied with for the
first time and the application is made within one month from
the date o f expiry o f the period prescribed in the relevant
Rules, a fee equal to double the amount prescribed shall be
charged.
18. No person shall—

(1) forge or alter or tamper with any entry, endorsement,
photograph, signature or seal on a Certificate of
Registration, or without lawful authority use or have
in his possession any such forged, altered or irregular
Certificate o f Registration; or
(2) without reasonable cause, apply for or have in his

possession more than one copy of a Certificate of
Registration for himself or for any other person; or
(3) personate or falsely represent himself to be or not

to be a person to whom a Certificate o f Registration
has been issued, or with intent to obtain a Certificate
o f Registration knowingly make any false statement;
or
(4) allow any other person to have possession o f any

Certificate o f Registration issued for his own use or
for the use o f some other person or without lawful
authority have in his possessson any such Certificate
issued for the use o f some person other than himself;
or
(5) make or cause to be made any false statement or

representation in pursuance o f these rules; or
(6) obstruct or impede any person in the exercise o f his

powers or in the discharge o f his duties under these
rules.
44
E x e m p tio n O rder N o. 4 U n d e r th e R e g is tra tio n of

F o re ig n e rs A ct
AS A M E N D E D UP TO 1ST O C T O B E R 1960.
1. The provisions o f the Registration o f Foreigners Rules,

1940^ (hereinafter in this Order referred to as the rules), shall
not apply to, or in relation to, any person who proves to the
satisfaction o f the Registration Officer that he has not attained
the age o f eighteen years, provided that the necessary
particulars in regard to such person are entered against item
12 of Form A in respect o f his parents and that he holds a
Certificate o f Identity in Form AA.
2. The provisions o f the rules shall not apply to —
(1) members inhabiting areas adjacent to the land

border o f the Union o f Burma, provided that this
exemption shall not apply to any such person who
proceeds into the Union beyond tw enty-five miles
from the land border, or remains continuously
within the Union for a period exceeding thirty
days;
(2) seasonal labourers and caravan traders, provided

that they are in possession o f documents issued by
the Immigration Department indicating that they
belong to these classes, and provided also that they
do not proceed beyond the limits o f the areas
specified in their documents.
2. The provisions o f the rules shall not apply to any

vessel travelling solely between ports or places in Burma, or
to, or in relation to, any person travelling in any such vessel.
4. The provisions o f the rules, except Rule 2 and such

of the provisions o f Rules 4, 14, 15 and 16 as apply to, or in
relation to, passengers and visitors who are not foreigners,
shall not apply to, or in relation to —
(a) any foreigner in the service o f the Union ;

(b) any Consul-General;
E X E M P T IO N S U N D E R F O R E IG N E R S R E G IS T R A T IO N A C T 45
(c) the wife and any child o f any person in categories

(a) and (b) above;
(d) the wife and any child of—
(i) any person duly appointed by a foreign
Government to exercise diplomatic functions;.
(ii) any Consul or Vice-Consul;
(e) the officers and staff o f all Diplomatic 'Missions
and their families;
(f) members o f foreign delegations and missions visiting
Burma on the invitation o f the Government of
Burm a;
(g) officials o f the United Nations Organization and its
specialized agencies who are visiting Burma in the
course o f their official business;
(h) foreign Heads o f states, Cabinet Ministers o f foreign
states and other important foreign personages
approved by the Foreign O ffice;
(i) any foreigner not specified in any o f the preceding
clauses of this declaration who enters Burma solely
in transit to a destination beyond Burma, provided
that his entry and stay in Burma is covered by a
transit visa or transit permit issued by competent
authority;
(j) domestic servants o f Heads o f Diplomatic Missions
in Burma ;
(k) qualified ground and airborne personnel, o f any air
crash rescue party, properly accredited by the State
o f Registry o f the aircraft who are allowed to enter
the Union o f Burma on rescue mission;
(1) any foreigner who enters Burma for a short visit
not exceeding three months but exceeding 30 days;
provided his stay in Burma is covered by a valid
passport duly visaed or an immigration permit
issued by competent authority;
(m) the wife and children, who are foreigners, o f a
citizen o f the Union in the service o f the Union
Government;
46 E X E M P T IO N S U N D E R F O R E IG N E R S R E G IS T R A T IO N A C T
Provided that a foreigner mentioned in clause (a) or clause

(j) shall, within thirty days from the date on which he ceases
to be in the service o f the Union or o f the diplomatic mission, as
the case may be, register as required by Rule 5(1);
Provided also that the foreigners mentioned in clause (e)

or clause (m) shall, subject to the provisions in paragraph 1,
within thirty days from the date on which the husband or
the child’s or children’s father ceases to be in the service of
the Union or o f the diplomatic mission, as the case may be,
register as required by Rule 5 (1).
5. Subject to the condition that he has obtained permis

sion from the Controller of Immigation to land in Burma, the
provisions o f the rule except Rules 8 and 14 shall not apply
to, or in relation to, any passenger who arrives in Burma on
any vessel in transit to a destination beyond Burma and who
re-embarks and continues his journey on the vessel on which
he arrived in Burma or who enters Burma for a short visit
not exceeding 30 days.
6. The provisions of the rules except Rules 8 and 14 and

sub-clause (d) o f sub-rule (1) o f Rule 16 shall not apply, for so
long as the vessel on which he is employed remains at a port
or airport in Burma to, or in relation to, any seaman or
airman as defined in the rules who is not a resident o f Burma
and does not land in Burma for discharge.
7. This Exemption Order supersedes Exemption Order

Nos. 1 to 3 made hy the Governor o f Burma under section 6
o f the Registration o f Foreigners Act and published in Home
Department (Passport Branch) Notification No. 11, dated the
5th January 1940, No. 92, dated the 31st January 1942, and
No. 119, dated the 11th February 1942.
* ' ■
Rote: Foreigners who are poor or destitutes or who are unable to
pay the fees for registration of foreigners certificate due to old
age or infirmity, may apply to the Deputy Commissioner concerned
and instructions have been issued by the Government to exempt
such persons from payment of the required fees.
47
THE BURMA PASSPORT ACT.

CONTENTS
Section Page
1. Deleted. 47
2. Definitions. 47
3. Powers to make rules. 47
4. Power of arrest. 48
5 Power of removal. 48
Rules. 49
THE BURMA PASSPORT ACT.

(India Act XXXIV of 1920) (9th September, 1920)
| * * *
2. In this Act, unless there is anything repugnant in

. . the subject or context —
Definitions.
“entry” means entry by water, land or air i

“passport” means a passport for the time being in force
issued or renewed by the prescribed authority and satisfying
the conditions prescribed relating to the class o f passports to
which it belongs ; and
“prescribed” means prescribed by rules made under this Act.
3.
(1) The President o f the Union may make rules
requiring that persons entering the Union of
rules°Wer make ® urma shall be in possession o f passports, and
for all matters ancillary or incidental to
that purpose.
(2) without prejudice to the generality o f the foregoing

power such rules may—
• (a) prohibit the entry into the Union o f Burma or

any part thereof o f any person who has not in his
M possession a passport issued to him ;
48 THE B U R M A PASSPO R T A C T
(b) prescribe the authorities by whom passports

must have been issued or renewed, and the
condition with which they must comply, for the
purpose o f this Act; and
(c) provide for the exemption, either absolutely or on
any condition, o f any person or class o f persons
from any provisions of such rules.
(3) Rules made under this section may provide that any
contravention thereof or o f any order issued under authority
o f any such rule shall be punishable with imprisonment for
a term which may extend to three months or with fine or
with both.
(4) All rules made under this section shall be published

in the Gazette, and shall thereupon have effect as if enacted
in this Act.
The rules were published in Burma Gazette 1948 Part 1,

p. 169 and are reproduced hereunder after this Act.
4. (1) Any officer o f the police, not below the rank of

Fow6r oi arrest
sub-inspector, and any officer o f the Customs
Department empowered by a general or special
order o f the President o f the Union in this behalf may arrest
without warrant any person who has contravened or against
whom a reasonable suspicion exists that he has contravened
any rule or order made under section 3.
(2) Every officer making an arrest under this section

shall, without unnecessary delay, take or send the person
arrested before a Magistrate having jurisdiction in the case
or to the officer in charge o f the nearest police station, and
provisions o f section 61 o f the Code o f Criminal Procedure
shall, so far as may be, apply in the case o f any such arrest.
5. The President o f the Union may, by general or special

or(ler, direct the removal o f any person from
P o w e r of
rem oval. the Union o f Burma who, in contravention of
any rule made under section 3 prohibiting entry
into the Union o f Burma without a passport, has entered
therein, and thereupon any officer o f Government shall have
all reasonable powers necessary to enforce such direction.
49
THE BURMA PASSPORT RULES, 1948.
1. (i) These rules may be called the Burma Passport

Rules.
(ii) They shall take effect from the date on which the
constitution o f the Union of Burma comes into force.
2. In these rules unless there is anything repugnant in the

subject or context—
“ President” means the President o f the Union o f Burma.

“ U nion” means the Union of Burma.
3. Subject to the provisions hereinafter contained no

person proceeding from any place outside the Union o f Burma
shall enter the Union by sea or by air or by land unless he
is in possession o f a passport.
Explanation A person entering the Union by sea

or by air shall not be deemed to be proceeding from a place
outside the Union by reason only of the fact he has
traversed extra-territorial waters in the course of his journey.
4. Every such Passport:—
(i) shall have been issued or renewed by or on behalf

o f the country o f which the person to whom it relates is a
subject and shall be within the period of its validity;
(ii) shall have the date and place o f issue, the issuing
authority and the period o f validity clearly shown upon it;
(iii) shall have affixed to it in such a way as to obviate
the possibility o f its removal and the substitution o f another,
a photograph o f the person to whom it relates, duly
authenticated by the issuing authority;
(iv) shall contain the description of the person to whom
it relates and shall have affixed to it a genuine signature of
the said person or, in the case o f an illiterate person, a clear
thumb impression;
(v) when issued by or on behalf of the Government
of a foreign country shall have been endorsed for Burma by
50 T H E B U R M A PASSPO RT R U LES
that Government, and visaed for the Union by a proper

Burmese Diplomatic, Consular or Passport Authority, or by
a British Consular or Passport Control Officer authorized to
act on behalf o f the Government o f the Union. Visas shall be
o f one o f the following kinds, namely: —
(a) an entry visa valid six months or for such shorter
period as may be specified therein, for one journey only to
the Union for any legitimate purpose;
(b) a transit visa valid for six months, or for such
short period as may be specified therein (provided that in
no case shall it be valid for a period exceeding the period for
which the visa for the country o f ultimate destination is
valid), for one or more direct journeys through the Union
undertaken for the sole purpose o f reaching the territory o f
a foreign state, and occupying in each case not more than ten
days in the Union, and
(c) an entry visa valid for six months or for such
shorter period as may be specified therein, for a legitimate
purpose.
5. The following persons and classes o f persons shall be

exempted from the provisions o f Rule 3 :—
(a) Citizens o f the Union of Burma:
(b) Indigenous nationals o f those countries, whose land
borders are co-tcrminous with the border o f the Union,
entering the Union by land who are members o f hill tribes
inhabiting areas adjacent to the land border;
Provided that this exemption shall not apply to any such
person who proceeds into the Union beyond twenty-five miles
from the land border;
(c) Persons in possession o f immigration permits issued
by the Controller o f Immigration; and
(d) Persons or classes o f persons as may be specified
in this behalf subject to such conditions as may he specified.
6. Any person who—

(a) enters the Union in contravention of the provi
o f Rule 3 ; or
THE BURMA PASSPO R T R U LES 51
(b) forges, alters or tampers with any passport, or any

visa or endorsement thereon, or without lawful authority uses
or has in his possession any such forged, altered or irregular
passport, or any passport with any such forged, altered or
irregular visa or endorsement ; or
(d) allows any other person to have possession of any
passport issued for his use alone, or without lawful authority
has in his possession any passport issued for the use of some
person other than himself ; or
(e) does any act in contravention o f any condition
prescribed under Rule 5 (d);
shall be punished with imprisonment for a term which may
extend to three months, or with fine or with both.
7. Any person who attempts to commit or abets or

attempts to abet the commission o f any offence punishable
under Rule 6 shall be punishable in like manner as if he had
committed the offence.
52
THE BURMA E XT R A D IT IO N A C T:
CONTENTS.
C H A P T E R I.
PRELIMINARY.
Section. Page
I * * + * * 54
2. Definitions. 54
CHAPTER II.
SURRENDER OF FUGITIVE CRIMINALS
IN CASE OF FOREIGN STATES.
3. (1 ) R equ isition fo r surrender. 54

(2) Summons or warrant for arrest. 55
(3 ) Inquiry by Magistrate. 55
(4) Commital. 55
(5 ) Bail. 55
(6) Magistrate’ s report. 55
(7 ) Reference to High Court if President thinks
necessary. 55
(8) Warrant for surrender. 56
(9) Lawfulness of custody and re-taking under warrant
for surrender. 56
(10) Discharge of fugitive criminals committed to prison
after two months. 56
4. (1 ) Power to Magistrate to issue warrant of arrest in
certain cases. 58
(2 ) Issue of warrant to be reported forthwith. 59
(3) Person arrested not to be detained unless order
received. 59
(4 ) Bail. 59
5. (1 ) Powers o f President to refuse to issue order under
section 3 when crime of political character. 59
(2) Power of President to discharge any person in
custody at any time. 59
6. * * * * * 59
CHAPTER III.
SURRENDER OF FUGITIVE CRIMINALS IN CASE OF
STATE OTHER THAN FOREIGN STATES AND
INDIA OR PAKISTAN.
7. — 10. * * * * * 60
11. (1 ) Surrender of person accused of, or undergoing
sentence for, offence in the Union of Burma. 60
(2) Suspension of sentence on surrender. 60
12. Application of Act to convicted persons. 60
13. Abetement and attempt. 60
1 4 .— 16. * * * * * 60
17. (1 ) Receipt in evidence of exhibists, depositions and
other decuments. 61
(2 ) Authentication of the same. 61
(3) Definition of “ Warrant,” 61
18. Chapter not to derogate from treaties. 62
CHAPTER IV.
19. * * * * * 62
CHAPTER V.
OFFENCE COMMITTED AT SEA.
20. Requisition for surrender in case of offence

committed at Sea. 62
CHAPTER VI.
•EXECUTION OF COMMISSIONS ISSUED BY
CRIMINAL COURTS OUTSIDE THE UNION OF BURMA.
21. Execution of Commission issued by Criminal Courts
in Foreign States. 62
CHAPTER VII.
SUPPLEMENTAL.

23. Detention of persons arrested under section 54,
clause seventhly, Code o f Criminal Procedure. 63
THE FIRST SCHEDULE. Extradition Offences. 64
r>4
THE BURMA EXT R A D ITIO N A C T .
(India Act XV OF 1903) ( 1st June 1904)
CHAPTER 1.
PRELIMINARY,
j * * * * *
2. In this Act, unless there is anything repugnant in

Definitions, the subject or context —
( a ) “ extradition offence ” means any such offence as
is described in the schedule :
(b ) “ foreign state” means any state beyond the limits
of the Union o f Burma and includes any person exercising or
assuming to exercise the powers o f Government in or over
any country, colony province or people beyond the limits o f
the Union o f Burma :
( c ) “fugitive criminal” means any persons accused or
convicted o f an extradition offence committed -within the
jurisdiction o f any Foreign State who is in or suspected o f
being in some part of the Union o f Burma whether or not the
offence committed by such person is triable by any Court
within the Union :
(d ) “High Court” means the High Court as defined by
the Code o f Criminal Procedure for the time being in force :
( e ) “rules” include prescribed forms.
The definition of "foreign state” in clause (a) above was

substituted by Act XXXIV of 1956. The definiton is a wide one
and it appears to include even the rule of a country which Burma
does not recongnize.
The word “ fugitive criminal'’ is defined to include a person

accused as well as person convicted.
CHAPTER II.
SURRENDER OF FUGITIVE CRIMINALS IN CASE
OF FOREIGN STATES.
3. (1) Where a requisition is made to the President o

the Union by the Government o f any Foreign
s u r render8'1' ° n ^ State for the surrender o f a fugitive
criminal of that State, who is in or who is
T H E BURMA E X TR A D ITIO N AC T 55
suspected o f being in the Union o f Burma, the President of

the Union may, if he thinks fit, issue an order to any
Magistrate who would have had jurisdiction to enquire into
the crime if it had been an offence committed within the
local limits of his jurisdiction, directing him to inquire into
the case.
(2) The Magistrate so directed shall issue a summons or

warrant for the arrest o f the fugitive criminal
Summons o r „ j- .1 . 1
warrant for arrest, according as the case appears to be one in
which a summons or warrant would ordinarily
issue.
(3) When such criminal appears or is brought before the

Magistrate, the Magistrate shall inquire into the
Mag'Strate7 bV ca8e i» the same manner and have the same
jurisdiction and powers, as nearly as may be, as
if the case were one triable by the Court of Session or High
Court, and shall take such evidence as may be produced in
support o f the requisition and on behalf o f the fugitive
criminal including any evidence to show that the crime of
which such criminal is accused or alleged to have been
convicted is an offence o f a political character or is not an
extradition offence.
(4)I f the Magistrate is of opinion that a prima facie case

*s ma<^c out *n support o f the requisition, he may
C om m itt al
commit the fugitive criminal to prison to await the
orders o f the President of the Union.
(5)
I f the Magistrate is o f opinion that a prima facie case
Bajl is not made out in support o f the requisition, or if
the case is one which is bailable under the provisions
of the Code o f Criminal Procedure, the Magistrate may release
the fugitive criminal on bail.
(6) The Magistrate shall report the result of his enquiry

to the President o f the Union and shall
report*9'3'1^10 S forward, together with such report, any written
statement which the fugitive criminal may
desire to submit for the consideration o f the President o f the
Union.
T H E BURMA EX T R A D IT IO N ACT
(7) If the President of the Union is of opinion that such

report or written statement raises an im por-
Reference to ‘ c • , , 1 ,
High Court if tant question ot law, he may make an order
Persident thinks referring such question o f law to the High
Court and the fugitive criminal shall not he
surrendered until such question has been decided.
(8) If upon receipt of such report and statement or upon

Warrant for êc*s*on aay such question, the President
surrender. o f the Union is o f opinion that the fugitive
criminal ought to be surrendered, he may issue a
warrant for the custody and removal o f such criminal and
for his delivery at a place and to a person to be named in
the warrant.
(9) It shall be lawful for any person to whom a warrant

„ is directed in pursuance of sub-section (8), to
Lawfulness of . , , , . 1 .
cou stod y a n d retak- receive, hold in custody and convey the person
ing under^warrant mentioned in the warrant, to the place named
in the warrant, and if such person escapes out
of any custody to which he may be delivered in pursuance o f
such warrant, he may be re-taken as a person accused o f an
offence against the law of the Union o f Burma may be
re-taken upon an escape.
(10) If such a warrant as is prescribed by sub section

f (8) is not issued and executed in the case of
fugUive3Chcr?mina°s any fugitive criminal, who has been committed
committed to prison t0 prison under sub-section ( 4 ) , within two
after two months. mouths after committal, the High Court may,
upon application made to it on behalf of such fugitive crimi
nal and upon proof that reasonable notice o f the intention to
make such application has been given to the President o f the
Union, order such criminal to be discharged unless sufficient
cause is shown to the contrary.
Under this section the request for surrender of the fugitive

criminal has to be made to the President, who, if he thinks fit
orders a competent magistrate to equire—
( i ) if a prima facie case is made out,

(ii) if the offence is extraditable one, and
(iii) one not of a political character.
T H E BURMA EX T R A D IT IO N ACT 57
The Magistrate makes his report to the President, who

decides whether the request is to b e acceded.
The schedule annexed to the Act gives a list of extraditable

offences. Attempts and abetment of such offences are also
considered as extraditable.
The definition of "foreign state" in the Act seems to imply

a positive answer regarding the question whether the Union could
extradite fugitive criminal even in the absence of a treaty.
While it is universal practise to exempt fron extradition
offences of a political character, the desideratum in most extradi
tion laws is the precise definition of the phrase. Many attempts have
been made to define it. For example, one view is: "There must be
two or more parties in the State, each seeking to impose the
Government of their own choice on the other and that, if the
offence is committed by one side or the other in pursuance of that
object, it is a political offence and otherwise not."
The Act is silent as to whether the Union should surrender
its national. The relevant law regarding this is given in section
188 of the Criminal Procedure Code which provides inter
alia, that when a citizen of the Union commits an offence at any
place without and beyond the limits of the Union of Burma, he
may be dealt with in respect of such offence as if it had been
committed at any place within the Union of Burma at which he
may be found.
A person who cannot be extradited, may however be
deported under section 3 of the Foreigners Act.
One Sita Ram and RamdevAhir1 were wanted by the Indian

police for alleged murders committed many years ago. At the
instance of the Indian Embassy in Rangoon they were arrested
and detained in the Rangoon Central Jail while extradition
proceedings were opened against them under the Burma
Extradition Act on the ground that they were fugitive criminals
from India. However on applications being filed in the High
Court under section 491 of the Criminal Procedure Code for
directions in the nature of Habeas Corpus the detenues were
directed to be released. The warrant of arrest issued b y the
District Magistrate, Rangoon, under section 3 (2) of the Burma
Extradition Act was declared invalid in law as India was not a
"foreign state" within the purview of the Act and as no extradition
treaties existed between the two countries.
1. Sitaram Vs. The Superintendent, Rangoon Central Jail: 1957 B. L. R. 190 H. C.
58 T H E BURMA E X T R A D ITIO N ACT
The applicants were later served with orders under section

3 (b) of the Foreigners Act. It was observed by the High Court
that the fact that action had been taken unsuccessfully under the
Burma Extradition Act would not preclude an order under section
3 (b) of the Foreigners Act which provides that the President of the
Union may by writing order that any foreigner be deported from
the Union of Burma. The counsel for the detenues argued that it
was evident from the preamble of the Act that it was designed
to enable the President to prevent the subject of foreign states
from residing or sojourning in Burma, and that therefore it was
not within the spirit of the law so to use section 3 as to arbitrarily
remove from Burma a foreigner who had been residing peacefully
therein for many years and was not in any way an undersirable
resident of the country.
The High Court however remarked that the preamble

cannot either restrict or extend the enacting part of an Act when
the language and the object and scope of the Act were not open
to doubt. But it might be consulted to solve any ambiguity, or to
fix the meaning of words which might have more than one, or to
keep the effect of the Act within its real scope, whenever the
enacting part was in any of these respects open to doubt. Even if
the preamble were relevant, it was added, the words used were
wide enough to cover the action of the President in directing a
foreigner, many years resident in Burma, to be deported
from the country. In their Lordships’ opinion so long as the
person concerned was a foreigner, was not for the Courts of
law to question the desirability or otherwise of his deportation under
section 3 (b) of the Foreigners Act. The matter was entirely within
the province of the executive authorities as had already been ruled
by the Supreme Court. The observations made in an English
case that a Secretary of State was not required to justify in a
Court of law his reasons for making a deportation order in the
case of an alien, was held to apply fully also in Burma under
section 3 of the Foreigners Act.2 The applications were accordingly
dismissed and writs refused.
4. (1) Where it appears to any Magistrate o f the f

class or any Magistrate specially empowered
o^^suV warrant 3^ hy the President o f the Union in this behalf
arrest of in certain that a person within the local limits o f his
jurisdiction is a fugitive criminal o f a
Foreign State, he may, if he thinks fit, issue a warrant for
the arrest o f such person, on such information or complaint and
2. Kyi Chung York Vs. the Controller of Immigration: 1951 B L. R. 197 S. C.
T H E BURMA EX TR AD ITIO N AC T 59
on such evidence as would, in his opinion, justify the issue of

a wTarrant if the crime o f which he is accused or has been
convicted had been committed within the local limits o f his
jurisdiction.
(2) The Magistrate shall forthwith report the issue of a

warrant under this section to the President
Issue of warrant to r . Tt •
b e rep orted forthwith, ot the Union.
(3) A person arrested on a warrant issued under this

section shall not be detained more than two
Person arrested not months unless within the period the Maais-
ord er re ceiv ed . trate receives an order made with reference
to such person under section 3, sub-section(l).
(4) In the case o f a person arrested or detained under

this section the provisions o f the Code o f Criminal
Procedure relating to hail shall apply in the same
manner as if such person were accused o f committing in the
Union o f Burma the crime o f which he is accused or has been
convicted.
5. (1) If the President o f the Union is of opinion that

, „ ..
P o w e r ot P r e s i d e n t
the crime of which any•
fugitive
o
criminal o f
to issue o rd e r under a Foreign State is accused or alleged to have
section 3 when crim e been convicted is of a political character, he
of political character. , -. 1 -
may, ii he thinks tit, retuse to issue any
order under section 3, sub-section (1).
(2)
The President o f the Union may also at any
t' me stay any proceedings taken under this
Power of President
to discharge Chapter and direct any warrant issued under
any
tjjjs Chapter to be cancelled and the person
person in custody at
any tfme. c , 1 . . r ,
tor whose arrest such warrant has been
issued to be discharged.
* *
6.
60 T H E BURMA EX T R A D IT IO N A C T
CHAPTER HI.
SURRENDER OF FUGITIVE CRIMINALS IN CASE OF

STATES OTHER THAN FOREIGN STATES AND INDIA
OR PAKISTAN.
7 . — 10 . * *
11. (1) A person accused o f an offence committed in the

Union of Burma, not being the offence o f
accused* of or u n d e°- which his surrender is asked, or undergoing
goin g sentence for, sentence under any conviction in the Union
Burma!inlheUnl0n0 ° f Burma, shall not be surrendered in
compliance with a requisition by or on
behalf o f a Foreign State, except on the condition that such
person be re-surrendered to the President of the Union on the
termination o f his trial for the offence for which his surrender
has been asked:
Provided that no such condition shall be deemed to prevent

or postpone the execution of a sentence o f death lawfully passed.
(2) On the surrender o f a person unde
Suspension o f sentence under a conviction in the Union o f Burma,
su rre n d e r.0” his sentence shall be deemed to be suspended until
the date of his .re-surrender, when it shall revive
and have effect for the portion thereof which was unexpired
at the time of his surrender.
12. The provisions o f this Act with reference to accused

of Act P.ersons shall, with any necessary m odifica-
to convic'te'd’ persons! tions, apply to the case of a person who,
having been convicted o f an offence in the
territories o f any Foreign State, has escaped into or is in the
Union of Burma before his sentence has expired.
13. Every person who is accused or convicted o f abett

ing or attempting to commit any offence
A b e t m e n t and attempt. gjlaj| ,Jeerne(J, for the purposes of this Act,
to be accused or convicted o f having committed such offence,
and shall be liable to be arrested and surrendered accordingly.
T H E BURMA E X TR A D ITIO N ACT 61
17. (1) In any proceeding under this Act, exhibits anti

depositions whether received or taken in the presence o f the
person against whom they are used or not and copies thereof,
and official certificates o f facts and judicial documents stating
facts, may, if duly authenticated, be received as evidence.
(2) Warrants, depositions or statements on oath which

purport to have been issued, received or taken by any Court
o f Justice outside the Union of Burma or copies thereof, and
certificates of, or judicial documents stating the fact of,
conviction before such Court, shall be deemed duly authenti
cated,—
(a) if the warrant, purports to be signed by a Judge,

Magistrate or officer o f the State where the same
was issued or acting in or for such State:
(b) if the depositions or statements or copies thereof
purport to be certified under the hand of a Judge,
Magistrate or officer o f the State where the same
were taken or acting in or for such State, to be
the original depositions or statements or to be true
copies thereof, as the case may require :
(c) if the certificate of, judicial document stating
the fact of, a conviction purports to be certified by
a Judge, Magistrate or officer o f the State where
the conviction took place or acting in or for such
State:
(d) if the warrants, depositions, statements, copies,
certificates and judicial documents, as the case
may be, are authenticated by the oath o f some
witness or by the official seal o f a minister o f the
State where the same were respectively issued,
taken-or given.
(3) For the purposes o f this section, “ warrant”

„ , includes a requisition and any other judicial
Definition of . J - 3
••Warrant" document requiring the arrest of any person
accused or convicted of an offence.
62 T H E BURMA EX T R A D IT IO N A C T
18. Nothing in this Chapter shall derogate from the

provisions of any treaty for the extradition
Chapter not to r r cr , , . J , ,
derogate from treaties, o t o t t e n d e r s , a n d t h e p r o c e d u r e p r o v id e d b y
any such treaty shall be followed in, any case
to which it applies and the provisions o f this Act shall be
modified accordingly.
This section enables the Government to enter into treaties

with Foreign states and the provisions of the Act may be
modified to conform to those treaties.
CHAPTER IV.
19. * *
CHAPTER V.
OFFENCES COMMITTED AT SEA.
20. Where the Government o f any State outside the

. . , Union of Burma makes a requisition for the
Requisition for , c 5 c rr
surrender in case of s u r r e n d e r o t a p e r s o n accu sed ot an o tte n ce
offen ce com m itted at committed on board
any vessel on the high
seas which comes into any port o f the Union
o f Burma, the President o f the Union and any Magistrate
having jurisdiction in such port and authorized by the
President o f the Union in this behalf may exercise the powers
conferred by this Act.
CHAPTER VI.
EXECUTION OF COMMISSIONS ISSUED BY CRIMINAL
COURTS OUTSIDE THE UNION OF BURMA.
21. The testimony of any witness may be obtained in

E e uti o f reâ^ on any criminal matter pending in
com m issions0CUis°ue°d any Court or tribunal in any Foreign State
b y Criminal Courts in j n like manner as it may be obtained in any
Foreigners States. civil matter under the provisions o f the
Code o f Civil Procedure with respect to commissions, and the
provisions of that Code relating thereto shall be construed as
if the term “suit” included a criminal proceeding:
Provided that this section shall not apply when the

evidence is required in respect of an offence o f a political
character.
T H E BURMA E X TR A D IT IO N ACT 63
CHAPTER VII.
SUPPLEMENTAL.
22. (1) The President o f the Union may make rules to

Power to make carry out purposes o f this Act.
rules.
(2) In particular and without prejudice to the

generality o f the foregoing power, such rules may provide for—
(a) the removal of prisoners accused or in custody

under this Act, and their control and maintenance
until such time as they are handed over to th£
persons named in the warrant as are entitled to
receive them ;
(b) the seizure and disposition o f any property which is
the subject of, or required for proof of, any alleged
offence to which this Act applies;
(c) the pursuit and arrest in the Union of Burma by
officer o f the Government or other persons authorized
in this behalf o f persons accused o f offence committed
elsewhere: and
(d) the procedure and practice to be observed in
extradition proceedings.
(3) Rules made under this section shall be published

in the Gazette and shall thereupon have effect as if enactcd
by this Act.
23. Notwithstanding anything in the Code of Criminal

_ , Procedure, any person arrested without an
Detention of persons , r i - .i
arrested under section order trom a Magistrate and without a
54, clause seventhly warrant, in pursuance o f the provisions of
C ods of Criminal • * | >i /» » i
Procedure. section 54, clause seventhly, ot the said Lode,
may, under the orders of a Magistrate within
the local limits o f whose jurisdiction such arrest was made,
be detained in the same manner and subject to the same
restrictions as a person arrested and a warrant issued by such
Magistrate under section 4.
64 T H E BURMA E X T R A D ITIO N ACT
THE FIRST SCHEDULE.

EXTRADITION OFFENCE.
See section 2, clause (b) and Chapter III (Surrender o f)

Fugitive Criminals in case o f States other than Foreign
States and India' or Pakistan).
( The sections referred to are the sections o f the Penal Code.)
Frauds upon creditors (section 206).

Resistance to arrest ( section 224 ).
Offences relating to coin and stamps (section 230 to 263A).
Culpable homicide (sections 299 to 304).
Attempt to murder (section 307 ).
Thagi (sections 310,311).
Causing miscarriage, and abandonment o f child (sections 312, to
317).
Causing hurt (sections 323 to 333).
Wrongful confinement (section 347,348).
Kidnapping and slavery (sections 360 to 373).
Rape and unnatural offences (sections 375 to 377).
Theft, extortion, robbery, etc (sections 368 to 414).
Cheating (sections 415 to 420).
Fraudulent deeds, etc, (sections 421 to 424):
Mischief (sections 425 to 440).
Lurking house-trespass (sections 443,444).
Forgery, using forged documents, etc, (section 463 to 477).
Piracy by the law o f nations.
Sinking or destroying a vessel at sea, or attempting or
conspiring to do so.
Assault on board a ship on the high seas with intent to
destroy life or to do grievous bodily harm.
Revolt or conspiracy to revolt by two or more persons on
board a ship on the high seas against the authority o f the
master.
Any offence against any section o f the Penal Code or

against any other law which may, from time to time, be
specified by the President o f the Union by notification in
the Gazette either generally for all States or specially for
any one or more States.
65
THE BURMA IM M IG RATION

(EM ERGENCY PROVISIONS) ACT, 1947.
CONTENTS
Section Page
1. Short title. 06
2. Definitions and delegation of powers. 60
3. Prohibition of entry without immigration or duly 67

visaed passport.
4. Conditions for immigration permits and passport visas. 68
4A. Administration of oath. 73
5. Supply of information by the carrier. * 73
6. Prohibition o f entry except through prescribed ports

and land stations. 73
7. Detention of illegal entrants. 76
8. Exemptions. 85
9. Exemption o f persons in diplomatic service. 85
10. Arrest without warrant. 85
11. Fees. 85
12. Detention of illegal entrants. 86
13. Offences and penalties. 86
13A. Burden o f proof as to entry. 90
13B. Burden of proof as to foreigner. 90
14. Trial Court. 90
15. Duration o f order of removal or deportation and

punishment for breach o f order. 91
16. Rule-m aking power. 91
Rules 92
66
THE BURMA IM M IG R A T IO N
(EM ER GENCY PROVISIONS) AC T, 1947.
(Burma A ct X X X I o f 1947, as amended up to 1st

O ctober 1960). (13th June, 1947)
1. (I) This A ct m ay be called the Burma Immigration

Short title. (Em ergency Provisions) A ct, 1947.
(2) It shall com e into force at once.
This Act cams into force with effect from the 13th. June 1947,
vide Judicial Department Notification No. 214, dated the 13th June
1947. This Act therefore does not affect the entry of persons who
entered the Union of Burma prior to this date.'
This Act was amended and rriodified by the following Acts:
(1) Union of Burma (Adaptation of Laws) Order, 1948.

(2) Act No. XVI of 1948.
(3) Act No. XL of 1948.
(4) Act No. XII of 1949.
(5) Act No. LIII of 1950.
(6) Act No. LVIII of 1955.
(7) Act No. XXVI of 1956.
(8) Act No. XXXIX of 1957.
(9) Act No. XVI of 1958.
This Act was extended to the Frontier Areas vide Frontier
Areas Administration General Department, Judicial Branch Notifica
tions No. 149 dated the 24th October 1947, and No. 16, dated the
3rd January 1948. It was extended to the Karenni State by Act
No. XXV of 1949.
2. (1) In this Act unless there is anything repugnant in

the subject or c o n te x t:—
Definitions.
(a ) “ carrier” includes the owner or charterer o f a

conveyance, the agent o f such owner or charterer
and also the person in charge o f the conveyance;
(b ) “ controller” means the Controller o f Immigration ;
(c ) “ conveyance” means anything used for transport
from one place to another ;
1. Karam Singh Vs The Controller of Immigration: 1956 R L. R. 25 S. C.
T H E BURMA IMM IGRATION (E M ER G EN C Y PROVISIONS) ACT 67
( d ) “ crew ” moans a person employed on or engaged in

the working o f a con veyan ce;
( e ) “ foreigner ” means a person who is not a citizen o f
the Union o f B urm a;
( f ) “ immigration official” means any official o f the
immigration departm ent, including a junior
immigration assistant;
( g ) “ immigration perm it” includes a certificate or pass
or any other docum ent, issued to a foreigner under
this A ct or the rules made thereunder, for entry
into or stay in the Union o f Burma ;
( h ) “ passenger” means any person who travels in any
conveyance other than members o f the crew ;
( i ) “ prescribed” means prescribed b y the President o f
the Union or by rules made by the President of
the Union.
(2). The President o f the Union may authorize any

officer to exercise any or all o f the powers o f the
powers3"011 °f Controller under this A ct or the rules made
thereunder.
(3). The Controller m ay delegate any o f his powers

under this A ct or the rules made thereunder to any immigration
official.
This section was substituted by Act No. LIII of 1950. By Act
No. LVIII of 1955, the words ‘ including an Immigration Constable’
were inserted in section 2(1) (f) for the previous words 'who is
not below the rank of a Sub-Inspector of Immigration,' and this
present words were inserted by Act XVI of 1958.
Prior to 1st October 1957 all immigration matters were dealt
with by the Controller of Immigration, who was responsible to the
Ministry of Foreign Affairs. Since 1st October 1957 a new Ministry
of National Registration and Immigration was formed and Citizenship,
National Registration and Foreigners Registration affairs were placed
under the new Ministry.
3 (1) N o foreigner shall enter the Union o f Burma

D ...... . without an immigration permit issued by the
Prohibition or entry ^ b J,
without immigration Lontrolier or by any Ufhcial authorized to
passport dU*V visaed issue such permits or a valid passport duly
visaed or endorsed by or on behalf o f the
President:
6 8 T H E B U R M A IM M IG R A T IO N (E M E R G E N C Y P R O V IS IO N S ) A C T
I
(2) N o citizen o f the Union o f Burma shall enter the

Union without a valid Union o f Burma passport, or a
certificate in lieu thereof, issued by a com petent au th ority :
Provided that this section shall not apply to a person,

who, in proceeding from one place in the Union o f Burma to
another place in the Union o f Burma, traverses in the course
o f that journey any extra-territorial waters.
This section was substituted by Act No. LIII of 1950.

Formerly it read as follows
''N o person shall enter the Union of Burma without an
immigration permit issued by the Controller or a valid passport
duly visaed or endorsed by or on behalf of the President. ”
Sub-section (1) above prohibits the entry into the Union of

any foreigner without an immigration permit or a valid passport
duly visaed. Sub-section (2) prohibits the entry into the Union of a
citizen without a valid Union of Burma passport or a certificate in
lieu thereof.
This section controls the entry into the Union of both

foreigners and citizens alike. Sub-section (1) applies to foreigners
and sub-section (2) to citizens. The exceptions to the prohibition are
mentioned in the proviso which is applicable to both the sub-sections.
As to what happens in case of an illegal entry or remaining in the
Union territory after the expiry of the period of the visa or stay
permit see sections 7 and 13 of the Act.
4. (1) Permits and passport visas shall be subject to such

conditions as m ay be prescribed and also to
Conditions for
passport'011vSaând suc^ conditions as m ay be set out in the
endorsem ents. permit or visa.
(2) All such conditions shall be deemed
conditions for allowing the holder o f such permit or visa to
enter or remain in the U nion o f Burma, and a breach o f any o f
these conditions shall render the holder liable to deportation from
the Union o f Burma if the President o f the Union so directs.
Sub-section (2) was substituted by Act No. LIII of 1950.

Sub-section (1) above provides for stay permit and visas.
Applications for stay or visa are to b e made in prescribed forms
No rules have been made under this section as to what forms are.
T H E BURMA IM M IG R A TIO N (EM E R G E N C Y PROVISIONS) AC T 69
prescribed, but certain forms are approved by the Controller of

Immigration and they are to b e used. The public have to resort to
the advice of Licensed Immigration Petition Writers to comply
with the requirements of these forms.
One Mrs Kanta Bhai2 applied for stay permit and submitted her
Indian Passport with it. She was not intimated whether her stay
permit was granted nor was her passport returned to her by the
Immigration authorities. She could not apply for the permit again
without knowing the result of her previous application and without
the passport being returned to her. In order to apply for renewal
of stay permit, it was necessary that she should refer to her
passport and mention its details in the application for further stay. The
Immigration authorities prosecuted her for stay without a permit. In
the High Court she was acquitted on the ground that the law did
not expect any one to do what was impossible and without the
passport it was impossible for the applicant to know whether a
stay permit had been issued nor was it possible for her to apply
for a renewal of that permit.
One Karam Singh3 was born in Burma in 1924 and had never
left the country. In 1949 he sought to elect Burmese citizenship but
before orders were passed he obtained an Indian passport thus
indicating that he had chosen to retain Indian nationality. He was
ordered to remove himself from the country by 30th June 1955.
As he did not do so he was prosecuted [for alleged contravention
of section 4(2) of the Act in that he had not observed the conditions
of his stay in Burma. The trial magistrate acquitted him on the
ground that he had not entered Burma with a permit or a visa and
that therefore there were no conditions attached to his stay. Inspite
of this the Controller issued an order of deportation under section
7(1) giving as his reason that Karam Singh had committed an
offence under section 13(1). The Supreme Court held that the
Controller was fully aware of the order of acquittal, and his
statement that Karam Singh had committed an offence under
section 13(1) was therefore totally unwarranted.
2. Mrs. Kanta Bhai Vs. The Union of Burma: 1958 B. L. R. 532 H. C.

3. Karam Singh, John Chew, Tan Choon Chaung Vs. The Union of Burma:
1958B.L. R. 25 S. C.
70 T H E BURMA IM M IG R A T IO N (E M E R G E N C Y PROVISIONS) A C T
One John Chew, who was born in Burma, evacuated to

China in 1942 on an identity certificate issued by the Burmese
Embassy at Nanking. No restrictions had been placed on his stay
in Burma at the time of his re-entry, although it was after the
enactment of the Act. He was sent up for trial but the Magistrate
held he had committed no offence b y not complying with the
order to remove himself from Burma. The Controller nevertheless
ignored the acquittal and passed an order similar to the one
passed on Karam Singh. The Supreme Court held that the Controller
had acted without jurisdiction.
Also one Tan Choon Chaung who was born in Burma, spent
the war years in China and came back in 1946. The Controller
contended that his unauthorised entry was in 1952, and therefore
holding that he had committed an offence under section 13(1),
the Controller ordered his removal. The Supreme Court pointed
out that the Act did not em power the Controller to decide without
recourse to a prosecution, whether a person has in fact committed
an offence. Only a Court of Law is competent to give a decision
in case of a dispute.
The Supreme Court held: The Act is an em ergency measure

meant to regulate the entry of foreigners into Burma immediately
prior to her em ergence as a sovereign state and also to impose
conditions if considered necessary on a foreigner’s stay in Burma.
The Act does not provide in any way for the restriction or for
expulsion of foreigners who were born in Burma or who had
entered Burma prior to the enactment of the Act and who had
continued to reside in Burma.
Held a ls o : Under the Constitution of Burma and her

citizenship laws mere birth in Burma or residence in Burma at
the time she em erged as a sovereign state does not by itself
confer Burmese nationality on a foreigner. It is an internationally
accepted principle that a sovereign state has the right to refuse
admission to an alien to enter the country, to impose conditions
on his entry or stay, and to expel and deport even a friendly
alien especially if it is considered that his presence is opposed
to its peace, order and g ood government, or to its social and
material interest. The above mentioned principle, followed by the
comity of nations, is em bodied in section 3 of the Foreigners Act.
T H E BURMA IM M IGRA TIO N (E M E R G E N C Y PROVISIONS) A C T 71
Held also: The Act would not bring within its scope the
case of people who were born in Burma before the
enactment of the Act. In the case of persons who were already
in Burma before the enactment of the Act no question of a
permit is involved.
Held also: An order of deportation under section 7(1) must

have as its prop a punishment under some section of the Act and
in the absence of any conviction or punishment the necessary
prop did not exist.
It was contended that the order of deportation was in lieu

of punishment.
Held: It is the Court and not the Controller who is

competent to decide whether in fact a person has committed an
offence or not. The order of deportation could not be " i n lieu
of or in addition to" what does not exist at all. In the absence of
punishment, the deportation order cannot be in lieu of punishment.
Section 7(1) can only be invoked in respect of a person brought
to trial and punishment under the Act.
Orders of deportation were accordingly guashed.
These decisions were made before section 7 was amended

by Act XXXIX of 1957. Section 7(2) as amended by Act XXXIX
of 1957 now enables deportation order to be issued in lieu of
prosecution. See notes under section 7(2).
In the case of Kyi Chung York. Vs. The Controller of

Immigration4 the applicant was granted permission to enter Burma
and work as an Assistant Editor of a Chinese paper for four years,
the manager and publisher thereof guaranteeing that the applicant
would so work. Before the expiry of the time so fixed, the applicant
resigned the post and worked as a teacher, thereupon the guarantors
withdrew their guarantee. The Controller of Immigration, acting
under orders of Foreign Office, cancelled the applicant’s stay
permit and ordered him to leave the country.
Held : That what the Controller had done was merely to

carry out the order of the Government. Every country which
back to his own country.
4, 1951 B. L. R. 197 S. C. ' '

72 T H E BURMA IM M IGRA TIO N (E M E R G E N C Y PROVISIONS) A C T
"An alien resides in this country on sufferance and he can

be asked at any time to leave. The grant of visa by the Controller
of Immigration to stay for an indefinite period does not give him
a right of permanent residence.” These observation were made by
the High Court in dismissing the application of one V. Somma
Sundram Chettiar. The application was under tsection 45 of the
Specific Relief Act and the Court was asked to set aside the
expulsion order served on the applicant and to direct legal and
proper enquiry into the status of the applicant as a permanent or
qualified resident of Burma. According to the Applicant, he first
came to Burma in 1916 and since then he had been residing off and
on in Burma. The Controller had how ever recently served on him
an order to leave the country by a certain date, although the
Immigration Department had previously issued a visa for indefinite
stay. On the authority of the Supreme Court ruling in 1953 B. L. R.
47, the High Court observed that an alien is not entitled as of
right to stay in Burma and that the stay permit given to him, even
though it is stated to be for an indefinite period, could always b e
withdrawn at the pleasure of the Government. Every country which
back to his own country. Every pow er has the right to refuse to
permit an alien to enter the state and, if it permits an alien to
enter, to annex what conditions it pleases to such permission and
expel or deport him from the State at pleasure. It was also held
that the application under section 45 of the Specific Relief Act
was unsustainable. Only in cases where a person’s property,
franchise or personal right was in jeopardy by the forbearing or
doing, as the case might be, of any act would such an application
lie. In the present case the applicant had acquired no personal
right of stay in Burma. He was merely permitted to reside within
the Union of Burma on sufferance by the Union Government.
But the Controller of Immigration cannot pass such order

against a foreigner who has not ever been granted by him a stay
permit or a re-entry visa and who has not contravened any of the
provisions of the Burma Immigration (Em ergency Provisions) Act
1949. Thus a person who has resided in Burma before the Burma
Immigration (Emergency Provisions) Act 1947 came into force and
who has not been out of the Union of Burma even once
cannot be asked by the Controller of Immigration under the Burma
Immigration (Emergency Provisions) Act to leave the Union of
Burma. Action may however be taken against such a person under
section 3 of the Foreigners Act. See note under section 3 of the
Foreigners Act and section 3 of the Burma Extradition Act.
T H E BURMA IMM IGRATIO N (E M ER G EN C Y PROVISIONS) AC T 73
4 .A.
Where an affidavit is required for the purpose o f
is.suing
Administ.ation o f immigration permit passport or
oath. visa, the Controller or such other officer as
may be authorized in this behalf by the
President, may administer the oath to the deponent.
5. (1) The carrier, landing or embarking passengers at

„ , . . , .. any seaport or airport in the Union o f Burma
Supply o f information . c 1 . , r . . ,
b y the master of a ship snail turmsh to such person and in such
or captain o f an -manner as the Persident of the Union inav
aircraft. . . •'
prescribe a return giving such particulars
in respect o f such passengers as may be required for the time
being by order o f the Persident of the Union and such
passengers shall furnish the carrier with all the inform ation
required by him for the purpose o f the return.
(2) The carrier arriving in any seaport or airport in

the Union o f Burma shall furnish the Controller with a —
(a) schedule o f expected arrivals and departures of

conveyances for each week;
(b) list o f crew on arrival and departure;
(c) list o f crew who are signed on or off;
(3) The President o f the Union may b y order exem pt

from the provisions o f this section any class o f passengers or
voyages, or any conveyance or seaports and airports, and any
such order m ay be withdrawn at any time at his discretion.
This section is important for all carriers touching in at any

port in the Union of Burma. Every passenger entering the Union
whether citizen or foreigner is issued necessary form to fill in and
their passports are taken by the carriers to comply with the
provisions of this section.
6^ (1) N o foreigner shall enter or leave the Union o f

r Burma by any means except at such
Prohibition of i i -i i
entry excep t through seaport airports or land stations prescribed
p rescrib ed ports and b y the President o f the Union,
land stations. J
(2) It shall be the duty of the carrier who brings a

conveyance to any seaport or airport or land station in the
Union o f Burma,
74 T H E BURMA IM M IG R A TIO N (EM E R G E N C Y PROVISIONS) A C T
(a) to stop the conveyaaee at such place as may be

specified by an immigration official not below the rank o f an
Immigration Assistant; and
(b) not to remove the conveyance until clearance is
granted by an immigration official not below the rank o f an
Immigration Assistant.
(3) For examination o f any conveyance on

official holidays or between 17. 00 hours and 7. 00 hours on
other days, the carrier shall be liable to pay an overtime fee
fixed according to the rates that may be prescribed.
In sub-section (1) above the words “ or le a v e ” were inserted

by Act No. LIII of 1950. Sometimes foreigners used to leave the
country by unauthorised routes and these words were inserted
requiring them to leave only with the necessary permit and by
the prescribed passage. Thus a foreigner may not only not enter
the country without a permit, he is required also not to leave the
country without a permit.
Sub-section (2) was substituted by Act No. LVIII of 1955.

In the case of V. E. RM. N. RM. Kasi Viswanathan Chettyar5
before the Supreme Court it was held that an alien has right to leave
the Country if all formalities were fulfilled.
The applicant V. E. RM. N. RM. Kasi Viswanathan Chettyar an
Indian subject, came to Burma on a temporary visa in February 1958
and intended to return to India on April 30. When he went for his
1D ' form however he was refused. Without this form, no shipping
or airline office would sell him a ticket.
Section 15 of the Registration of Foreigners Rules says copies

of form ' D ' may be obtained on application from any Registration
Officer. Though this would make it appear that the form may be
obtained m erely for the asking, as one would, a telegraph
message form, in practice it is issued only in three places in Burma-
Rangoon, Mandalay and A k ya b -b y the Controller of Immigration.
This is to ensure that whoever leaves Burma goes through the
formality of surrendering his Registration Certificate before his
departure.
5, V. E. RM. N. RM. Kasi Viswanathan Chettyar Vs. The Official Assignee and
one: 1958 B. L. R. 74 S. C,
T H E BURMA IMM IGRATION (EM ER G EN C Y PROVISIONS) AC T 7.r>
In this case, the applicant had com plied or was willing to

comply with all the formalities but the ' D ’ form was withheld on
the request of the Official Assignee, who had alleged that the
applicant’s firm had been unauthorisedly credited with the assests
of K.E.G. Sundaresan Chettiar in connection with Insolvency Case
No. 265 of 1933, whose records had been lost during the war.
The applicant protested that he was on a visit and in no position
to force Sundaresan to do anything. Some records he himself had
were in India, Since his visa was expiring he sought for the ' D '
form, only to be told of the Official Assignee’s instructions. In the
meantime, he had interviewed the Official Assignee at the latter’s
request and submitted to examination by the Official Assignee’s
advocate, on the promise that the Official Assignee would withdraw
his instructions to the Controller of Immigration.
Next, the Official Assignee made an application to the High
Court for permission to examine the applicant under section 36 of
the Rangoon Insolvency Act. However the Court observed that it
was in no position to justify what had been done prior to the
issue of summons, and that the said application therefore had to
take its own course.
Learned Counsel for the Official Assignee submitted that the
applicant not being a citizen or even a resident of Burma had no
right to move the Supreme Court for enforcement of any
fundamental right guaranteed only to citizens under the Constitution.
The Supreme Court held:

Per U Myint Thein, C.J.— "It is true that certain fundemental
rights are guaranteed specifically to citizens under Chapter II of
the Constitution but this does not mean that they are denied to aliens.
Full exercise of such rights may be subject to conditions, as in the
case of transfer of land to an alien, which requires the permission
of the President under the Transfer of Property ( Restriction) Act.
But most rights are assured to citizen and alien alike and their full
enjoyment is unrestricted; and such rights are not to be denied
without legal authority. The right of an alien to leave a country is
internationally recognised. See Oppenheim's International Law,
Volume 1, paragraph 322 which says:
'Since a State holds only territorial and not personal
supremacy over an alien within its boundaries, it can never, in
any circumstances, prevent him from leaving its territory, provided
he has fulfilled his local obligations, such as payment of rates and
taxes, of fines, of private debts and the lik e ’.
76 T H E BURMA IM M IG R A TIO N (E M E R G E N C Y PROVISIONS) A C T
We endorse this view and we would only add that the

local obligations must refer not to mere claims but to legal
obligations such as decrees and orders of Courts and competent
authorities."
The Court did not accept the contention that the ' D ’
form was within the discretion of the1 Controller. The Rules as
framed might be stretched to ensure that a person leaving Burma
com plied with formalities required of him but if he had done so, the
stage was reached for the Controller to perform his duty to issue
the form so that the person seeking it might make his final
arrangements for departure.
The Supreme Court also held that an alien has the right to
leave a country. It is a basic human right which should not be
denied and that in this matter it was in conformity with recognised
international practice to lift the ban placed upon the applicant.
The Controller of Immigration was directed to issue D form

to the applicant.
7. (1) The President o f the Union or any such authority

as may be appointed by him under this
Detention o f , 11 , r • i i
illegal entrants. sub-section, may order any foreigner who has
been convicted under any section o f this Act o f
rules made thereunder to be deported from the Union or
Burma and pending orders of deportation such foreigner may
be detained in such manner as the President o f the Union may
direct and whilst so detained shall be deemed to be in legal
coustody.
(2) The President of the Union or any such authority

as may be appointed by him under this sub-section, may, in
lieu of prosecution, order any foreigner who contravenes any
o f the provisions o f this Act, or the rules made thereunder,
to be deported from the Union o f Burma and pending orders
o f deportation such foreigner may be detained in such manner
as the President o f the Union may direct and whilst so
detained shall be deemed to be in legal custody.
(3) The President o f the Union or the authority

competent to order deportation under sub-section (2) shall have
power to adjudge if any foreigner has in fact contravened
atiy o f the provisions of this Act, or the rules made thereunder.
T H E BURMA IM M IGRATIO N (EM ERGEN C Y PROVISIONS) AC T 77
(4) Any foreigner ordered to be deported under

sub-section (1) or sub-section (2) may be detained by such
authority and in such manner as the President o f the Union
may direct pending the completion o f arrangements for his
removal out o f the Union o f Burma and whilst so detained
shall be deemed to be in legal custody.
(5) Any foreigner who has been detained under

sub-section (1) or sub-section (2) or sub-section (4) may be
admitted to bail by such authority and upon such terms
and conditions as may be prescribed by the President o f the
Union.
(6) The carrier who is responsible for the illegal entry

o f any foreigner against whom any order o f deportation is
subsequently issued under sub-section (1) or sub-section (2)
shall remove such foreigner from the Union of Burma.
This section has been amended from time to time. It was last
amended by Acts XXVI of 1956 and XXXIX of 1957.
Please see notes under section 4 of this Act. Under

sub-section (2) above a foreigner may now be deported in lieu of
being prosecuted for an offence under this Act, and the authority
competent to deport has the pow er to adjudge if the foreigner has
in fact contravened the provisions of this Act or the rules made
under the Act.
The amendment of section 7(2) above gives powers to the

President or the authority appointed by him in this behalf to hear
and decide cases like a Court as to whether a person has.
contravened the provisions of this Act. The President or the
specified authority is invested with juridiction to decide whether an
offence under this Act has been committed and whether any
provisions of the Act have been contravened. A decision of the
President or the authority appointed by him in this behalf relating
to a finding about contravention of this Act is a judicial act and not
an administrative act and can therefore be the subject of a writ to
the Supreme Court. One Youn Yun Saung6 applied for a writ to
the Supreme Court against the finding and order of deportation
made in respect of Youn Ei Chin. The Supreme Court’s jurisdiction
to deal with the order was challenged by the Government. But the
6. Youn Yun Saung ..Vs...Im migration Department and 2 others. 1958 8 .1 R

102. S.C .
objection was over-ruled and the Court held that it had jurisdiction
to entertain such applications as the finding to the effect that the
provisions of the Act have been contravened was a judicial one
and was covered by section 150 of the Constitution. The application
was heard and dismissed on merits as the deportee had admitted
before the Immigration authorities that he had entered the Union
without a permit after the promulgation of the Burma Immigration
(E m ergency Provisions) Act.
In Criminal Miscellaneous Applications No. 155 and 156 of

1959 of the Supreme Court, Hasan Ali and Meher Ali applied for
directions in the nature of a writ of Habeas Corpus. According to
the affidavits filed, some two hunderd persons of Pakistani origin
were rounded up in raids in the Akyab district and detained.
The learned Attorney-General, who appeared for the res

pondents, requested the Court for inspection of the proceedings
of the Immigration Officer Akyab in respect of the applicant
Hasan Ali. According to the diary entries Hasan Ali was arrested
on the 15th June 1959.'On the 22nd June the Deputy Commissioner,
Akyab was approached for orders to deport him. Judging by the
entry under date 26th June, the Deputy Commissioner demurred.
The Ministry of Immigration then stepped in, and under the orders
of the Ministry, Hasan Ali and others w ere sent to Rangoon b y
steamer for ultimate despatch to Gawduthoung in Pyapon District.
On arrival at Rangoon they were lodged in the Rangoon Central
Jail under a detention order by an Immigration Officer, presumably
of Rangoon. The relevant portion of the detention order filed in
the Court by the Superintendent of the Rangoon Contral Jail read
as follows
1Whereas Hasan Ali, son of Abbas Ali has been subject
to an order of deportation under sec. 7 (2) of the Burma
Immigration (Emergency Provisions) Act by the Controller
of Immigration Burma ;
And whereas it is expedient to detain the said
Hasan Ali into your custody pending removal out of
Burma, this is to authorised you to receive into your
custody and produce him before the 17th August 1959/
It was held that in the first place the Controller of Immigra

tion was not an authority appointed by the President to exercise
the powers of deportation under section 7 (2) of the Act and
T H E BURMA IM M IGRA TIO N (E M E R G E N C Y PROVISIONS) A C T 79
secondly that the applicants were not yet subjected to orders of

deportation under section 7 (2) as recited in the order. On these
considerations alone the detention orders were liable to be
quashed.
The Supreme Court further held as follows :—
"H ow ever, the question involved goes much deeper. Section

7, under which detention is authorised has so often been amended
piecemeal that the position is confusing and it is necessary to
determine, at what stage and in what circumstances and at whose
behest, a foreigner can be detained under the immigration laws.
Section 7 as it stands today reads :—
7. (1) The President of the Union or any such authority as

may be appointed by him under this sub-section, may order any
fareigner who has been convicted under any section of this
Act or the rules made thereunder to be deported from the Union
of Burma and pending orders of deportation he may be detained
in such manner as the President of the Union may direct and whilst
so detained shall be deem ed to b e in legal custody.
(2) The President of the Union or any such authority as

may be appointed by him under this sub-section, may in lieu of
prosecution, order any foreigner who contravenes any of the
provisions of this Act or the rules framed thereunder, to be
deported from the Union of Burma and pending orders of
deportation such foreigner may be detained in such manner as the
President of the Union may direct and whilst so detained shall be
deem ed to b e in legal custody.
(3) The President of the Union or the authority competent

to order deportation under sub-section (2) shall have power to
adjudge if any foreigner has in fact contravened any of the
provisions of the Act or the rules made thereunder.
(4) Any foreigner ordered to b e deported under sub-section

(1) or sub-section (2) may be detained by such authority and in
such manner as the President of the Union may direct pending the
completion of arrangement for his removal out of the Union of
Burma and whilst so detained shall be deem ed to be in legal
custody.
%
(5) Any foreigner who has been detained under sub-section

(1) or sub-section (2) or sub-section (4) may be admitted to bail
by such authority and upon such terms as may be prescribed by
the President of the Union.
(6) The carrier who is responsible for the illegal entry or

any foreigner against whom any order of deportation is subsequ
ently issued under sub-section (1) or sub-section (2) shall remove
such foreigner from the Union of Burma.
Under sub-section (1) a foreigner who has been convicted

under the Immigration laws may b e ordered deportation by the
President or by some one appointed by him to order such depor
tation and pending such orders of deportation, the man may be
detained in such manner as the President may direct. The purpose
of this provision is clear. A magistrate may convict a foreigner but
the order for his deportation must emanate from some other
authority, and some time may elapse before the actual order of
deportation is issued, and therefore it may be necessary to detain
the foreigner to ensure that he does not disappear.
Sub-section (2) provides an abnormal procedure, under

which a foreigner is not prosecuted but is sent before a competent
authority who has to decide if the foreigner had in fact contravened
the provisions of the Act or the Rules. If the adjudgment, the exercise
of which is vested in the competent authority under sub-section
(3). is in the affirmative, in lieu of a prosecution the foreigner’s
deportation can be ordered. Pending orders of deportation such
foreigner may be detained in such manner as the President may
direct.
Sub-section (4) deals only with those against whom orders

of deportation have already been passed. They may b e detained
by such authority and in such manner as the President may
direct. The purpose of his sub-section is also clear, because
some time must elapse for arrangement to be made for the actual
removal of the foreigner, such as securing his passage or
obtaining the consent of the country to which he is to be sent..
*
It was urged by the learned Counsel for the applicants that
under sub-section (1), it is only after a conviction that a foreigner
can be detained and that only it is after an adjudgment that he
can be similary detained under sub-seciion (2). The position, the
T H E BURM A IM M IG R A TIO N ( E M E R G E N C Y PROVISIONS) A C T 81
learned Counsel submits, is made clearer by the Burma Immigra

tion (Detention) Rules, 1951, under which detention is contemplated
only in respect of those liable to be deported (se e rule 2). A
foreigner, it was submitted, may be liable to a prosecution, but
mere prosecution does not render him liable to deportation. It is
only when he is convicted or is adjudged under sub-section (2) of
having contravened the immigration laws that he becom es liable
to deportation. A foreigner may b e arrestad on suspicion under
section 10 and his subsequent detention if he is detained at all,
will be under the Criminal Procedure Code and not under the
immigration laws. The suggestion therefore is, a detention under
sub-section (2) before adjudgment is not authorised by law.
W e have given very careful consideration to this suggestion

but we find ourselves unable to accept it. The phraseology of
sub-section (2) is by no means clear but the fact remains that
under this sub-section, proceedings are initiated solely with a
view to secure orders of deportation. The competent authority
who deals with the case can award no punishment but in lieu
of a prosecution, he may order deportation, provided of course,
the adjudgment is that the foreigner in fact had contravened
either the Act or the Rules. In actual practice the adjudgment
would have to b e incorporated in the order of deportation itself
and there will therefore b e time interval between the adjudgment
and the orders of deportation. Thus the phrase ' pending orders
of deportation' appearing in sub-section (2) must b e construed to
mean that during the pendency of the proceedings before the
competent authority, a foreigner may be detained.
W e must now examine the Burma Immigration ( Detention)

Rules 1951. When they were originally passed, Rule 2 r e a d :—
12. (1) Any foreigner who is liable to b e deported under

section 7 (1) of the Burma Immigration (Em ergency Provi
sions) Act 1947 may b e detained in police station, police
lock up, police outpost, sub-jail, jail or jail annexe b y an
order in writing of any Deputy Commissionor or of any
Resident or of any Immigration official not below the rank of
Inspector of Immigration, pending the receipt of orders of
the President or of such authority as may be appointed by
him in that behalf for the deportation of the foreigner, or
for the removal of such foreigner out of the Union of Burma in
compliance with the order of deportation.
(2) Such order of detention of such foreigner under

section 7 of the said Act may be issued from time to time
for any period not exceeding fifteen days at a time.’
These rules are purported to have been made under section

16(2) (g) of the Act.
When sub-section (2) was added to section 7 by Act XXXIX

of 1957, by Notification No. 6 of the Immigration Branch, Ministry of
Immigration and National Registration, dated the 5th February 1958,
the words ‘ sub-section (1) or (2) of section 7 ’ and ' Assistant
Immigration O fficer' were substituted for the words ' section 7 (1)'
and 'Inspector of Immigration ’ respectively.
It will be noticed that the detention, both under sub-section

(1) and (2) of section 7 is to be ’ in such manner as the President
of the Union may direct,1 while under sub-section (4) the
detention is to be ‘ b y such authority and in such manner as the
President of the Union may direct’. The difference in meaning is,
in sub-section (1) and (2). The President alone is em pow ered to
order detention, while in sub-section (4) he may name an authority
to exercise the power. However, the restriction of authority to the
President alone in sub-section (1) is qualified by sub-section (4)
under which the President may name the authority under whose
orders, a person against whom deportation order have been
passed, may b e detained. But the restriction under sub-section (2)
remains unaffected by sub-section (4), and thus there is no provi
sion under which the President may name any authority to order
detention during the pendency of the proceedings, that is to say,
before orders of deportation are passed under sub-section (2).
Whatever the wording of rule 2 may be, its scope is limited

to detention under sub-section (4) only, and other provision
contained in the rule, which is outside the scope of sub-section (4)
is ultra vires of the Act. Thus, the detention of the applicants under
section 7 (2) pending the proceedings before a competent
authority under the orders of an officer mentioned in rule 2 is not
authorised by law.
The applicants presumably were arrested under section 10.

The normal procedure after such arrest is to prosecute them under
section 13 (1) and in that exent, in view of section 13A and 13B, the
onus of proving that they are legitimate residents or that they are
not foreigners, is on them. And since this onus is placed upon
T H E BURMA IM M IG R A TIO N (E M E R G E N C Y PROVISIONS) A C T 83
them as a special rule of evidence, a reasonable opportunity must

be given to them to discharge the burden. Their detention in
Rangoon, when their normal residence is Akyab, might be
tantamount to a denial of such an opportunity. The opportunity
must b e afforded whether the proceedings against them are by
way of a prosecution under section 13 (1) or by way of adjudgment
under section 7(2).
On the question of adjudgment we desire to observe that

this procedure is meant to be confined to cases where there is no
room for controversy and where a prosecution would be a waste
of time and labour, such as when a foreigner has remained on
in Burma under an expired stay permit, or where a stowaway is
caught in Burma waters. But where the question of a man's
nationality is involved, and where, as in Hasan Ali's case, he is
even in possession of a National Registration Certificate recourse
to section 7 (2) and (3) would be undesirable.
We note that the 1st respondent in his return, has stated

that the applicants are Pakistanis in appearance ; that they have
no knowledge of the Burmese or the Arakanese languages; and
that they are unable to answer questions relating to events which
had occurred in Arakan during the past decade. From these, he
stated, the immigration authorities were satisfied that the applicants
are illegal immigrants of recent origin. It must b e born in mind
that it is the President or the competent authority that must be
satisfied. Further, in applying the tests which the 1st respondent
has mentioned, section 4 (2) of the Union Citizenship Act must not
be lost sight of. A person descended from ancestors who for two
generations have made Burma their permanent home,’- and whose
parents and himself were born in Burma, is a statutory citizen.
Today in various parts of Burma there are people who, because of
their origin and isolated way of life, are totally unlike the Burmese
in appearance or speak of events which had occurred outside the
limits of their habitation. They are nevertheless statutory citizens
under the Union Citizenship Act. The applicants claim that they
belong to that category. They might be right and therefore the
opportunity of proving that they are, should be given to them. To
deny them this opportunity would be a violation of their
fundamental rights."
The detention of Hasan Ali, and Meher Ali, under section 7 (2)
of the Burma Immigration (Em ergency Provisions) Act under the
orders of an Immigration Officer were held to be unwarranted

in law and therefore the orders under which they were detained
in the Rangoon Central Jail were quashed and they were ordered
to be released forthwith.
After sometime on 26th October 1960 the Supreme Court

again quashed the orders of deportation passed by the Subdivisional
Officer, Maungdaw, Akyab district, against 23 Arakanese Muslims
who w ere among those rounded up by1the Immigration authorities
in 1959 in their drive against illegal immigrants. They had applied
to the Court for writs of habeas corpus.
Their Lordships observed that on November 4, 1959, the

Supreme Court had passed orders directing the release of Hasan Ali
and Meher Ali who w ere arrested about the same time and on the
same grounds. It was pointed out then that as the detenus had
claimed Burmese citizenship, the deportation orders passed without
having given them opportunity to prove their claims, were illegal.
Their Lordships added it was thought that the two cases would
have served as test cases to the Immigration Department and the
deportation orders against other detenus would have been cancelled.
This was not done and the Court had to order the release of
76 more detenus who had subsequently applied for writs of habeas
corpus. Still, it was added, the Immigration Department had not
jaken the guidance given by the Court and had continued to hold
the present applicants in detention.
It was pointed out that when the applicants were examined

by an Immigration Officer after they had been rounded up, they
claimed Burmese citizenship as they were born and bred in Burma
and their ancestors had settled down and made Burma their home.
Nevertheless the Immigration Officer had filled in printed forms
of deportation and the Subdivisional Officer, Maungdaw, had put
his signature to them without giving the applicants opportunity to
substantiate their claims that they were not foreigners. This it was
pointed out was to deny them* their rights. Their Lordships
reminded the Immigration officers that they had been invested
with very wide powers and that they should therefore be
extremely careful in their use. The Immigration Act only provided
for the expulsion of foreigners and to order the expulsion of a
Burmese citizen was a very serious matter and was like sentencing
him to the death penalty. It was therefore very improper for the
Subdivisional Officer, Maungdaw, to have disposed of the cases in
the slipshod manner he adopted by simply signing the deportation
forms put up to him by the Immigration Officer.
T H E BURMA IM M IG R A TIO N (E M E R G E N C Y PROVISIONS) A C T 85
It was observed that the Immigration authorities had claimed

in their returns that the applicants did not know the Burmese
language and that they could not show that they were not illegal
entrants. The same defence had been put forward in the previous
cases it was pointed out and it had been observed by the Court that
in the Union of Burma there w ere races who could not speak the
Burmese language and whose customs were different from the
Burmese but who nevertheless were citizens of the Union under
the provisions of the Constitution. Under section 4 (2) of the Union
Citizenship Act also, it was pointed out, those persons whose
ancestors had made Burma their home and who and whose parents
were all born in Burma were also citizens of the Union.
The detention of the applicants on suspicion that they were

foreigners and without giving them an opportunity to establish
their claim to Union citizenship being held illegal, their Lordships
directed their immediate release.
8. The President o f the Union may exempt any person

or classes o f persons from any or all the
provisions o f the Act with or without conditions.
9. Nothing in this Act shall apply to any duly accredited

head o f a foreign diplomatic mission or
Exemption of members o f his household, or to members of
person sin diplom atic . . «- • i . rr , ., . r
service. his official Stan and their families, or to any
consular representative in the Union o f Burma
and his family.
10. Any Immigration Officer or any Police Officer may

Arrest without
enter any place or conveyance and arrest without
warrant. warrant any person whom be may reasonably
-suspect of contravening or having contravened or
being about to contravene any o f the provisions o f this Act.
11. Fees may be charged for the issue o f immigration

permits or passport visas at such rates as may be
prescribed.
The table of fees prescribed under this section are as follows:—

Before Since
1-10-57 1-10-57
(1) Transit Visa. ... ... ... K. 3. K. 10.
(2) Entry visa valid for three months stay from

the date of entry into Burma. ... ... K. 15. K. 30.
(3) Permit of extention of stay for a period not

exceeding three months. ... ... k. 15. K. 30.
(4) Permit for extention of stay for a period

exceeding three months but not exceeding
one year. ... ... ... ... K. 50. K. 100.
(5) Re-entry visa g o o d for single journey. ... K. 50. K. 100.
(6) Multiple-journey re-entry visa valid for one

year. ... ... ... ... K. 100. K.200.
(7) Special re-entry visa g ood for single journey

within the validity of the stay permit. ... K. 25. BC. 50.
(8) Multiple-journey special re-entry visa g ood

for the validity of the stay premit. ... K. 50. K. 100
(9) Multiple-journey entry visa valid for one

year. ... ... ... ... K. 50. K. 100.
12. Any foreigner who has been brought into the Union
Deie ti n of ^ urma ant^ who is not entitled to enter the
illegal entrants. Union o f Burma under the provisions o f this Act
or the rules made thereunder shall be detained
by the carrier, who shall, if required at any time by any
immigration official not below the rank o f Assistant Immigra
tion officer remove him from the Union o f Burma. Such
detention shall be deemed to be legal custody.
13. (1) Whoever enters or attempts to enter the Union

Offences and Burma or whoever after legal entry remains
penaitie's? S or attempts to remain in the Union o f Burma
in contravention o f any o f the provisions o f this
Act or the rules made thereunder or any o f the conditions
T H E BURMA IM M IG R A T IO N (E M ER G EN C Y PROVISIONS) A C T 87
set out in any permit or visa shall be punished with

imprisonment for a term not exceeding two years, or with
fine, or with both.
(2) Whoever being the carrier knowingly brings or

attempts to bring into the Union o f Burma any person not
authorized to enter the Union o f Burma shall be liable to
imprisonment for a term not exceeding three months or to a
fine not exceeding K. 200 for every such person brought or
attempted to be brought into Burma or to both.
(3) The carrier who omits to make the return

required of him under section 5 (1) o f this Act or who makes
a false return or who fails to carry out any duty laid upon
him be this Act, shall be liable to imprisonment not exceeding
three months or to a fine not exceeding K. 200, or to both.
(4) Any passenger refusing to give any information

required by the carrier under section 5 o f this Act, or who
gives false information for the purpose, shall be liable on
conviction to imprisonment for a term not exceeding three
months or to a fine not exceeding K. 200 or to both.
(5) Whoever assists or attempts to assist any person

to enter the Union of Burma illegally or knowing that a
foreigner is remaining in the Union o f Burma in contravention
o f any o f the provisions o f this Act or the rules made there
under wilfully assists or attempts to assist him to remain in
the Union o f Burma shall be punished with imprisonment for
a term not exceeding two years, or with fine, or with both.
(6) Whoever wilfully suppresses information or gives

false information to prevent the apprehension of any foreigner
who has contravened any o f the provisions o f this Act or the
rules made thereunder shall be liable on conviction to
imprisonment for a term not exceeding six months or fine
or to both.
(7) W hoever:—
(a) impersonates or falsely represents himself to be Or

not to be a person to whom an immigration permit has been
issued, or
88 T H E BURMA IM M IG R A TIO N (E M ER G EN C Y PROVISIONS) A C T
(b) makes any false statement with intent to obtain

an immigration permit for himself or for any other person, or
(c) forges, alters or tampers with any immigration

permit, or
(d) uses or has in his possession any forged immigra

tion permit or any immigration permit which bears any. illegal
obliteration, tampering or alteration in respect o f any material
particulars,
shall be punished with imprisonment for a term not

exceeding two years, or with fine, or with both.
This section has also been often amended. This section

provides for offences and penalties. Contravention of any of the
provisions of this Act or rules made under this Act is made
punishable by this section. The offence are quoted as offences
under this section read with the corresponding section or rules.
However no other rules have yet been framed under this Act
except the Burma Immigration (Detention) Rules 1951.
The judgment in the case of Abdul Hai Vs. The Union of

Burma7 which is of importance in prosecutions under this section
is reproduced below :—
Per U San Maung, J:— "This is an application in revision

against the conviction and sentence passed by the learned 3rd
Additional Magistrate, Rangoon in his Criminal Summary Trial
No: 862 of 1955 in which the applicant was convicted by the learned
Magistrate under section 13 (7) (b) of the Burma Immigration
(Emergency Provisions) Act, 1947. This trial, as it appears from the
record, is full of unsatisfactory features both in regard to procedure
and in the way it has been conducted b y the learned Magistrate.
First of all, there is a complaint filed in this proceeding at

page 2 and the complainant who filed this complaint is the
Immigration Officer and according to him, as related in this
complaint, the accused committed the offence alleged on or about
the 11th Decem ber 1953 when he filed an application for issue of
re-entry visa stating that he resided in Burma continuously during
the priod 1st January 1932 to 1st January 1942 without absence.
However,, it was alleged that the statement of the accused was
7. Abdul Hai: Vs. The Union of Burma: 1957 B. L. R. 118 H. C.

T H E BURMA IM M IGRATIO N (EM ERGEN C Y PROVISIONS) AC T 89
false as he came to Burma for the first time in 1947. However,

when we look at the record of the order of the learned Magistrate,
the form used is Criminal Form No. 57 and the first entry relating
to the date of commission of the offence alleged appears as 5th
July 1955 which is clearly not the date of the alleged offence.
Although this particular entry does not, to my mind, vitiate the
whole trial there are other aspects which have to be considered.
The learned Advocate appearing for the applicant submitted

in the first instance that the trial of this offence by way of a
sammary trial was not in accordance with law in view of the fact
that the Burma Immigration ( Emergency Provisions) Act was
subsequently amended by Act No. XXVI of 1956 which came into
force on the 28th September 1956 and by virtue of this amend
ment the punishment that could be awarded for an offence under
section 13(7) (b) was a term of imprisonment not exceeding two
years or with fine or with both; and it is therefore urged that a
summary trial was not permissible and that the trial was vitiated.
However, the learned Government Advocate contended that when
the accused was sent up the original punishment that could be
awarded was only one year and therefore, at the time the case
was sent up this amendment had not been done and as the
substantive law in respect of the offence committed was amended
it could have no retrospective effect and the trial therefore was
not bad in law. As far as that agument is concerned, I am in
entire agreement with the learned Government Advocate and I am
prepared to hold that the trial was not vitiated on that ground.
However, there is the other aspect to b e considered, namely,
even assuming that the punishment was imprisonment for a term
of one year, this was an appeable case and that therefore under
section 264 (1) of the C ode of Criminal Procedure, it is imperative
on the Magistrate trying such a case summarily to record a judg
ment em bodying the substance of the evidence and also the
particulars mentioned in section 263. That aspect of the case seems
to have been entirely ignored by the learned Magistrate and all
that he has recorded in the order is that the accused pleaded
guilty and that therefore he was convicted and sentenced to pay a
fine of K 75 or in default to suffer two months' rigorous imprison
ment. That to my mind is most unsatisfactory especially as the
offence alleged is a serious offence under the immigration law
and if an accused is convicted he might even be deported from
this country. As the consequences which might follow from such a
conviction are of a very serious nature even if the trial had been
9 0 T H E B U R M A IM M IG R A T IO N (E M E R G E N C Y P R O V IS IO N S ) AC T
a summary one, the learned Magistrate should have called upon

the accused to explain to him explicitly the particulars in regard
to the offence with which he has been charged and if the accused
comes to understand these particulars then, he might, be called
upon to plead whether he is guilty or not. As these were not done
in the first instance I am unable to accept this conviction as one
being properly aw arded under the provisions of the law. The
conviction and sentence imposed upon the applicant are therefore
set aside and the proceedings are rem anded to the Court below
to proceed with the trial not'in a summary manner but by way of a
regular trial and to come to a finding on the merits after he has
heard the evidence. The fine, if realized, should be refunded to
the applicant."
13A. I f any question arises w ith reference to this A ct
Burden of or ru^cs macê thereunder whether a foreigner
pro o f as to en try , enters or remains in the Union o f Burma legally,
the onus of proving th at he enters or remains
in the U nion of Burma legally shall notw ithstanding anything
contained in the Evidence A ct, be upon such foreigner.
13B. I f any question arises w ith reference to this A ct
or rules made thereunder whether a person is or
I B urden of j s n o £ a foreigner, or is or is not a foreigner of a
g n e r aS ° ° 0 particular class, th e onus o f proving th at such
a person is not a foreigner or is not a foreigner
of such particular class, as the case m ay be, shall n o tw ith
standing anything contained in the Evidence A ct, be upon such
person.
Sections 13A and 13B place the burden of proof on the

accused. Similar provisions are contained in section 2 of the
Foreigners Act and section 4 of the Foreigners Registration Act.
14. (1) N o m agistrate other th a n a first class m agistrate

or a subdivisional m agistrate shall try cases
rria l Court. i • • «
under tins Act.
(2) The m agistrate trying the case m ay direc
portion of th e fine levied under section 13 to be paid to any
person who has contributed in any way to the arrest and
conviction.
A case under this Act can be tried only by a Magistrate of
the first class or a Subdivisional Magistrate. A second class or third
class Magistrate is not competent to try cases under this Act unless
he happens to be a Subdivisional Magistrate. Sub-section (2) above
makes provision for rew ards under the Act to any person who has
contributed in any way to the arrest and conviction. Rewards are
given out of the fines imposed on conviction.
T H E B U R M A IM M IG R A T IO N (E M E R G E N C Y P R O V IS IO N S ) ACT 91
15. (1) E very order o f deportation, made under this A ct

n cf order remain in force until it is revoked by
of rem oval or d e p o ita - the President o f the Union or by such autho-
tion and punishment rjty as the President o f the Union may
for breach of order. ' . . , , , J
appoint in th at behalt.
(2) I f any foreigner against whom an order of

deportation has been issued fails to com ply w ith the order in
any respect, or having left th e U nion o f Burma re-enters the
U nion o f Burma w ithout th e perm ission in w riting o f the
President o f the U nion or o f such authority as the President
of the U nion may appoint in th at behalf while the order is
in force, he shall be liable to im prisonm ent for a term which
m ay extend to two years or fin e or to both and shall, in
addition to such penalty, be liable to be deported again from the
Union o f Burma in pursuance o f the order.
(3) W hen security has been taken in pursuance of

any o f the provisions o f this A ct or rules made thereunder
the bond shall be deemed to be a bond taken under the
Criminal Procedure Code b y th e D istrict Magistrate having
jurisdiction in the area in respect o f which the said security
has been taken and th e provisions of section 514 o f th e said
Code shall apply accordingly.
16. (1) The President m ay make rules to carry out the

purpose o f this A ct.
Rule-making 1 1
power.
(2) In particular and w ithout prejudice to the genera

lity o f the foregoing powers, such rules m ay provide f o r :—
(a) th e authorities b y whom passports m ay be visaed
on behalf o f th e President under section 3 ;
(b) the conditions to which im m igration permits
and passport visas shall be subject;
(c) th e particulars required in respect o f passengers
and crew under section 5 ;
(d) fees under section 11;
(e) the condition under which and the authority by
whom bail may be granted;
9 2 T H E B U R M A IM M IG R A T IO N (E M E R G E N C Y P R O V IS IO N S ) AC T
(f) persons who shall be perm itted to practice as

writers o f applications for im m igration perm its or
passport visas and regulating th e conduct of
business o f persons so practising; and
(g) such after matters as m ay be deemed necessary

for the purpose of giving effect to the provisions
o f the Act.
(3) The President o f the1 U nion m ay direct th

breach of any rule made under sub-section (1) and (2) shall
be punishable w ith im prisonm ent for a term which m ay extend
to three m onths, or w ith fine which m ay extend to K . 200, or
with both.
T H E BURM A IM M IGRATION (D E T E N T IO N ) R U L E S 1951.
(As published in the Burma Gazette 1952 Part 1 page 450)
1. These rules m ay be called the Burma Im m igration

(D etention) R ules, 1951.
2. (1) A ny foreigner who is liable to be deported under

section 7 (1) o f the Burma Im m igration (E m ergency Provisions)
A ct, 1947 (hereinafter referred to as the said A c t) m ay be
detained in police station, police lock-up, police outpost,
sub-jail, jail or jail annex by an order in writing o f any
R esident or any im m igration official not below th» rank of
inspector o f im m igration, pending the receipt o f orders o f th e
President or o f such authority as m ay be appointed by him
in that behalf for the foreigner, or for the removal o f such
foreigner out o f th e Union o f Burma in compliance w ith the
order o f deportation.
(2) Such order for detention o f such foreigner under

section 7 o f the said A ct m ay be issued from tim e to tim e for
any period not exceeding 15 days at a tim e.
In connection with this rule please see the case of Hasan Ali
referred to at Page 78 of this book.
T H E B U R M A IM M IG R A T IO N (E M E R G E N C Y P R O V IS IO N S ) A C T 93
3. (1) The D epu ty Commissioner or the Resident or the

immigration official who authorized the detention o f such
foreigner by order in writing, m ay release such foreigner on
bail on execution o f a bond by such foreigner w ith one or
more sureties approved by th e D eputy Commissioner or the
R esident or the im m igration official, as the case m ay be, for
appearance before any of the said officials as m ay be directed
by him.
(2) If, through m istake, fraud or otherwise, insuffi

cient security has been accepted, or if the security afterwards
shall becom e insufficient, the D eputy Commissioner or the
R esident or the, im m igration official >îo has granted bail, may
re-arrest such foreigner and order him to furnish sufficient
security, and, on his failing to do so shall detain him under
section 7 o f the said A ct in accordance w ith the provisions
of Rule 2 of these rules.
94
THE TRANSFER OF IMMOVEABLE PROPERTY

(R EST RIC TIO N) ACT, 1947.
CONTENTS.
Section. Page
1. Short title. 95
2. Definitions. 95
3. Prohibition of transfer of immoveable property to foreigners.98
4. Power of exemption. 105
5. Penally for illegal transactions. 106
6. Property liable to confiscation. 108
7. Sanction for prosecution and trial Court. 109
Rules. 110
95
THE TRANSFER OF IMMOVEABLE PROPERTY

(R ESTRIC TIO N) ACT, 1942.
(Burma Act No. LXXXVI OF 1947) (30th December 1947).
(As amended by Act No. XXXIV of 1949 and Act No. XVII of 1952).
1. This A ct m ay be cited as the Transfer of Im m oveable

Short title. Property (R estriction) A ct, 1947.
2. In this A ct, unless there is som ething repugnant in the

Definitions, subject or co n tex t:—
(a) “Foreigner” means any person who is not a citizen

o f the Union and includes any com pany or associa
tion or body o f individuals whether incorporated in
the U nion o f Burma or not, whose central m anage
m ent and control are not vested in the hands of
th e citizens o f the U nion or whose major interests
or shares are n ot held by th e citizens of the Union;
(b) “ Im m oveable p rop erty” shall have th e meaning

assigned to it in the R egistration A ct;
(c) “L ea se”, “s a le ” “g if t ” and “m ortgage” shall have

the meanings assigned to them in the Transfer of
Property Act.
This Act was am ended and modified by the following Acts :—

1. The Union of Burma ( Adaptation of Laws) O rder 1948.
2. Act No. XXXIV of 1949.
3. Act No. XVII of 1952.
Definition of foreigner under the original Act was :—
"F o re ig n e r" means any person who is not a British subject
domiciled in Burma, the United Kingdom, India or Pakistan or is
not a subject of an Indian State.
By the Union of Burma (Adaptation of Laws) O rder 1948 the
definition was altered to :—
“ F o re ig n e r” means any person who is not a citizen of the

Union.
96 THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT
The present definition was substituted by Act No. XVII of 1952.

Scope The purpose of this Act is to prevent any immoveable
property being transferred to a foreigner. The restriction in this
Act, as its name signifies, is for transfer of any immoveable
property to a foreigner. The Act does not say that a foreigner may
not acquire or own any immoveable property. It will be seen from
the notes under section 3 of this Act that the Act does not restrict
devolution of immoveable property by inheritance or succession.
F oreigner: — A foreigner has been defined under the Foreigners
Act as a person who is not a citizen of the Union. This is a negative
definition. As to who is a citizen see section 11 (i), (ii) and (iii) of
the Constitution and sections 4, 5,9 and 11 (4) of the Union Citizenship
Act 1948. The definition of foreigner in the case of a person under
the present Act is therefore the same as under the Foreigners Act.
But in' the case of a company or association or body of individuals
a distinction has been made. Any company or association or body
of individuals whether incorporated in the Union of Burma or not,
whose central management and control are not vested in the hands
of the citizens of the Union or whose major interests or shares are
hot held by the citizens of the Union has also been described as
a foreigner. The effect of this definition for such an organisation
is that (i) if its central management and control is vested in the
hands of the citizens of the Union, and (ii) if its major interests or
shares are held by the citizens of the Union, such a company,
association or body will not be a foreigner within the meaning of
this Act and a transfer of immoveable property in its favour is not
restricted.
It will be noticed that the expression ‘ company or association
or body of individuals' would include a partnership and a religious
and charitable society. But this expression has been qualifed by the
phrase 'w hether incorporated in the Union of Burma or n o t’. The
word incorporated is in legal terminology usually used for a joint
stock company or a limited liability company. If the reference in
the definition is to joint stock companies, there was no necessity
to use the expression ‘ company or association or body of
individuals'. Instead the words 'joint stock com pany' or ‘limited
liability company could have been used.
So the following questions arise out of the definition: Whether

a partnership firm can be such a company or association or body
of individuals ? If so, it will follow that the foreigner partners will
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT 97
become owners of the immoveable property transferred in favour

of the firm. The next question that arises is whether the foreigner
partners can retain the immoveable property as theirs at the time
of the dissolution of the firm and whether it will make any
difference to the ownership of the property if the shares of the
partners in the original firm are altered after the transfer of the
property ? Also whether a religious or charitable society registered
under the Societies Registration Act can be such an association
or body of individuals ? and if so, whether on the resignation of
the citizen m em bers of the society the non-citizen m em bers can
be owners of the property ?
A person who had applied for but has not yet received the
certificate of citizenship is a foreigner.
If the application is under the Union Citizenship (Election) Act,
1948, he becomes a citizen only when he has been granted a certifi
cate under section 8 (3) of the said Act and the certificate has
become effective under section 8 (4) of the said Act. If he has
applied under the Union Citizenship Act, 1948, he becomes a citizen
only on the grant of the certificate and his making a declaration of
alienage in respect of any other citizenship and of allegiance to the
Union, as laid down in section 7 (4) or 12 (4) of the said Act.
It was held in Ko Mya Din and another Vs. Ko Bin N ga' that
m ere filing of an application under Union Citizenship (Election) Act
for citizenship and an enquiry held are not sufficient to make a
person a citizen. A person attains the status of a citizen only when
he obtains the certificate of citizenship after renouncing any other
nationality or status as a citizen of any foreign country.
But when a person applies for and obtains a certificate of
citizenship under section 6 of the Union Citizenship Act and the
certificate of citizenship specifically mentions that he is a citizen
with effect from 4th January 1943, the grant of the certificate will
have retrospective effect. It was held in the case of Maung Tin and
one Vs. U Po Nyan and one 2 that where the plaintiffs purchased
immoveable property on the 23rd March 1949, before they obtained
a certificate of citizenship under section 6 of the Union Citizenship
Act, 1948, but obtained such certificates during the pendency of the
suit which mentioned that they w ere citizens of the Union from 4th
January 1948, the subsequent grant of certificate would have
1. 1951 B. L. R. 240 H. C.
2. 1951 B. L. R. 197 H. C.
retrospective effect and would validate the sale on the 23rd March
1949. In this case the land was purchased in the names of Mg Tin
and his wife Ma Kyin Sein who w ere Sino-Burmese and w ere
therefore citizens under section 11 (ii) of the Constitution. The sale
in their favour was held to be validated retrospectively because
they w ere citizens since the date of the commencement of the
Constitution i. e. 4th January 1948 and it is not that they acquired
citizenship subsequently.
In the case of Ko Aung Vs. Abdul Lattiff3 it was held that a
sale to a foreigner of immoveable property at a time when section
5 of the Transfer of Immoveable Property (Restriction) Act 1947,
was in force was void ab initio, and that a transfer of immoveable
property obtained by a foreigner who had applied for citizenship,
but before the certificate was obtained was void under section 3
and 5 of the Transfer of Immoveable Property (Restriction)
Act 1947. The Transfer of Immoveable Property (Restriction)
(Am endm ent) Act 1952, cannot have retrospective effect on the
sale which was made when the Transfer of Immoveable Property
(Restriction) Act 1947 was in force.
3.N otw ithstand ing anything contained in any other

law for the tim e being in force, no person
Prohibition of ghall transfer any im m oveable property by
transfer of im m oveable r , ,e J , •
property to foreigners, way oi sale, g ilt, mortgage, or otherwise, or
grant a lease for a term exceeding one year
o f any im m oveable property, in favour o f a foreigner or any
person on his behalf, and no foreigner shall acquire any
im m oveable property by way o f purchase, gift, m ortgage, or
otherwise or accept any lease o f im m oveable porperty for a
term exceeding one y e a r ;
Provided th at this section shall not apply to any
transfer or lease o f im m oveable property to a foreign
Government for the use o f its diplom atic mission accredited
to the President o f the Union o f Burma, if the Minister for
Foreign Affairs certifies that such transfer or lease shall be
exem pted from the provisions o f this A ct:
Provided further that any transaction, whereby an
estate consisting o f im m oveable property held join tly either by
co-owners or co-heirs is divided and each one or more of such
3. 1958 B. L. R. 216 H. C.
co-owners or co-heirs is or are allotted his or' their shares to

be held thereafter in severalty or where im m oveable property
devolves on the holder to his heir or heirs shall not be deemed
to be a transfer of im m oveable property for the purposes of
this A ct.
" 3. Notwithstanding anything contained in any other law for

the time being in force, no transfer of any immoveable property for
any term exceeding one year shall be made by any person in
favour of a foreigner or any person on his behalf, by way of sale,
gift, mortgage, or otherwise ; provided that this section shall not
apply to any transfer or lease of immoveable property to foreign
Government for the purpose of residential or office accommodation
for diplomatic missions accredited to the Government of Burma
where such transfer or lease is certified by the Minister of Foreign
Affairs as being for the said purpose.”
The Second proviso was inserted by Act No. XXXIV of 1949.

The present section was substituted by Act No. XVII of 1952.
S c o p e :— This section restricts transfer of any immoveable property

by any person to a foreigner. Since the promulgation of this Act no
person shall transfer immoveable property to a foreigner except
with the permission of the President of the Union under section 4
Of the Act. As to what happens in case of such transfer to a foreigner
without the permission of the President, see sections 5 and 6 of the
Act.
This section does not forbid a foreigner from holding
immoveable property which he already owned before the
promulgation of this Act. Nor does it restrict inheritance of
immoveable property by a foreigner. A foreigner heir of a citizen
can inherit the estate of a citizen on his death. A foreigner may
acquire immoveable property otherwise than by transfer. He may
acquire it by adverse possession or by easement. Also under the
second proviso if A and B are owners of an estate either as
co-owners or as co-heirs and they agree to divide the estate and A
and B are allotted shares or certain properties in the estate, though
they or any of them may be foreigners, the transfer in their favour
will not be a transfer for the purpose of this Act and will therefore
be a valid transfer not restricted by this Act.
A mortgage d e e d contained a personal covenant to repay

the loan, and an offer of immoveable property as security for the
loan. The respondent, a foreigner waived the security given and
claimed the repaym ent of the loan by enforcement of appellant’s
personal covenant. The appellant contended that the m ortgage deed
contained two indivisible covenants and the transaction was void
from its inception under section 3 of the Transfer of Immoveable
Property (Restriction) Act, 1947. Held that if one part of the
contract is found to be legal and the other illegal, the legal part
can be enforced. A personal decree was accordingly passed .4
In the case of Ko Aung Vs Abdul Latiff5 it was held that a
sale to a foreigner of immoveable property at a time when section 5
of the Transfer of Immoveable Property (Restriction) Act 1947,
was in force was void ab initio, and that a transfer of immoveable
property obtained by a foreigner who had applied for citizenship,
but before the certificate was obtained was void under sections 3
and 5 of the Transfer of Immoveable Property (Restriction) Act 1947.
The Transfer of Immoveable Property ( Restriction) ( Amendment)
Act 1952, cannot have retrospective effect on the sale which was
done when the Transfer of Immoveable Property (Restriction)
Act 1947 was in force.
T ra n s fe r:— The word transfer has not been defined in this Act.
Section 5 of the Transfer of Property Act defines transfer of
property thus: "In the following sections transfer of property
means an act by which a living person conveys property in present
or in future to one or more other living persons or to himself or
to himself and one or more other living persons and to transfer
property is to perform such a c t”. Thus the term 'transfer' is used
in law in the most generic signification com prehending all the
species of contract which pass real rights in property. The term
‘ tran sfer' does not necessarily import conveyance of all the
transferor's interest in the property. Thus a m ortgage or a lease
is a transfer. A family arrangem ent or compromise by which the
antecedent right of the parties are acknowledged and denied, is
not a transfer of property, as it does not convey any new distinct
title to either of the parties. A partition betw een co-owners is not a
transfer. A relinquishment is sometimes held to be a transfer and
sometimes it is held not to amount to a transfer.
4 S. Sabir Hussain Vs. R. M. L. Ramanathan Chettiar: 1955 B. L. R. 211 H. C. and

1957 B. L. R. 172 H. C.
5. 1958 B.L. R. 216 H.C.
The creation of an easem ent or acquiring immoveable

property by adverse possession are not transfers of property and
are outside the scope of the Act.
One U Saw and Daw Gun Nu 6 filed a suit against Loke Mani
for possession of a piece of land which they had purchased from
Ellerman's Arracan and Rice Trading Co. Ltd., in the Township
Court of Bassein West. The defendant Loke Mani pleaded in his
defence that he had been staying on the land for over 24 years and
set up the plea that the suit was barred by limitation. The plea of
adverse possession was accepted by both the Township Court and
the District Court. In the High Court it was contended for the
plaintiff-appellants that the defendant-respondent Loke Mani being
a foreigner was incapable of possessing any land and to allow him
to do so would be contravening the provisions of this Act. The
High Court held that no transfer of land was ever made to the
defendant-respondent and that he had simply been in continuous
possession of the land for 24 years and that he had therefore
become an owner by adverse possession. The High Court also held
that in enacting the Transfer of Immoveable Property ( Restriction)
Act the legislature could not have intended to deprive foreigners
of immoveable property which they had acquired otherwise than
by way of transfer. The appeal was accordingly dismissed.
A Court sale must be considered to be a sale by the Bailiff.
Such a sale also comes within the mischief of section 3 of this Act.7
This was also followed in subsequent cases . 8
The Act prohibits transfer by way of sale, gift, m ortgage or
otherwise. The expresion ‘ or otherw ise' includes ' exchange’. But
whether it will include a will which is a testamentary disposition of
property is not very clear as the word transfer implies a contract
and there is no contract in case of a will. If a foreigner has 4 heirs
who are all foreigners and he makes a will bequeathing all his
properties to one of them will such a disposition be prohibited?
Will it make any differnce if two of the heirs are foreigners and the
other two citizens ? Will it make any difference if he bequethed the
property to a foreigner non-heir instead of his aforesaid heirs?
6. U Saw and one Vs. Loke Mani: 1949 B. L. R. 221 H, C.

7. Chan Eu Ghai Vs. Lin Hock Seng 1949 B L R. 24 H. C.
8. P. R. P.L Ramaswamy Chettiar and others Vs. Ma Aye and another: 1951
B. L. R. 320 H. C., and S. R. M. C. T. Annamalai Chetuar Vs. Gor Kyin Sein
and others: 1953 B. L. R. 95 S. C.
10 2 THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION!) ACT
I m m o v e a b l e P r o p e r t y : — Uuder the Ac" immoveable property

has been assigned the same meaning as under the Registration
Act, the definition wherein is more comprehensive than the
definition under other Acts.
Section 2 (6) of the Registration Act defines immoveable
property thus :—
'Im m oveable property includes land, buildings, hereditary
allowances, rights to ways, lights, fisheries, ferries or any other
benefit to arise out of land, and things attached to the earth, or
permanently fastened to anything which is attached to the earth,
but not standing timber, growing crops or g ra s s ”.
Immoveable property as defined in Section 3 of the General
Clauses Act includes " land, benefits to arise out of land and things
attached to the earth, or permanently fastened to anything attached
to the earth."
The meaning of the words "things attached to the e a rth ” is
given in Section 3 of the Transfer of Property Act as :—
(a) rooted in the earth as in the case of trees and sh ru b s ;
(b) im bedded in the earth as in the case of walls or build
ings ; or
(c) attached to what is so im bedded for the perm anent
beneficial enjoyment of that to which it is attached.
Thus it will be noticed that hereditary allowances, rights to
ways, lights, fisheries, ferries and all other benefits arising out of
land and things attached to the earth or permamently fastened to
anything which is attached to the earth except standing timber
growing crops or grass are immoveable property.
A petrol pump is a m ere mechanical device set up on the
road-side pavement for the purposes of retailing petrol under a
license, and is therefore not immoveable property .9 A hut is
immoveable property .10 Doors and window shutters of a pucca
building form part of the immoveable property and have no
separate existence."
9. Kapurchand (B urm a) Ltd. Vs. The Burmese National Reforming Co and

others: 1955B.L.R. 278 H .C, •
10. Maung Mya Maung Vs. Khin Khin Aye: Civil Second Appeal No, 18 of 1954.
High Court Rangoon.
11. Transfer of P io p erty Act, by B. B. M itra( 9th Edition^. Page H?.‘ *
W ho m a y n o t t r a n s f e r :— The expression used in this Act is

'no person shall transfer’. The word person is not defined in this
Act. The definition of person as given in section 2 (44) of the General
Clauses Act reads: 'person' shall include any company or associa
tion or body of individuals whether incorporated or not. Bindra
on Interpretation of Statutes at page 717 says that'person' does not
include 'the State.’ Person has also been defined in law as any
body capable of acquiring rights, a human being, a corporation or
other legal person, also called fictitious person. It may comprise a
num ber of indiviuals such as a Hindu joint family.12
One Noor Mohamed filed a suit for recovery of possession
of a piece of leasehold land situate in Meiktila Town, relying on
the lease which was issued to him. The defendant-appellant
contended before the High Court that the lease granted to the
plaintiff-respondent Noor Mohamed was contrary to section 3 of the
Transfer of Immoveable Property (Restriction) Act as the respondent
had not yet obtained a certificate of citizenship. His Lordship Justice
U Aung Khine, held: " I do not think there is any merit in this
stand taken. The Government has every right to make a lease of
the state land to any body. As long as the lease stands in the name
of the respondent, he has a better claim for it than the appellant
Sein Chun." 13
Thus it cannot be said that this section restricts the transfer

of immoveable property by the Government to a foreigner.
M oreover a lease of leasehold land is usually made by the
Government or by the Collector on behalf of the President. The
Presidsnt also cannot be said to be included in the word ' person '
used in this section because the President is the authority to grant
exemption and if the lease is issued by the President the exempt
ion must be deem ed to have been granted. But long term leases
are not issued to foreigners now-a-days. They are issued only a
year’s lease or license, which is in consonance with the spirit of this
Act and the Government has issued directions not to issue leases
of state lands to foreigners for more than a year.
13. Manual of Law Terms: Aiyer, page 320.

13. Sein Chun and others Vs. Noor Mohamed: Civil Second Appeal No. 35 ot
1953 of High Court.
A grant of lease '4 or licanse,5by the Government is an

administrative act.
The definitions of " le a s e ”, " s a l e ”, " g ift” and " m ortgage ”
are given in the Transfer of Property Act as follows:—
L e a s e : — A " le a s e " of immoveable property is a transfer of a
right to enjoy such property, made for a certain time, express or
implied, or in perpetuity in consideration of a price paid or
promised, or of money, a share of crops, service or any other
things of value to be rendered periodically or on specified
occasions to the transferor by the transferee, who accepts the
transfer on such terms.
The transferor is called the lessor, the transferee is
called the lessee, the price is called the premium, and the money,
share, service or other things to be so ren d ered is called the rent.
S a l e :— “ S ale” is a transfer of ownership in exchange for a

price paid or prom ised or part-paid and part-promised. Such
transfer, in the case of tangible immoveable property of the
value of one hundred rupees and upwards, or in the case of a
reversion or other intangible thing, can be made only by a
registered instrument.
In the case of tangible immoveabe property of a
value less than one hundred rupees, such transfer may be made
either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable property takes place
when the seller places the buyer, or such person as he directs, in
possession of the property.
A contract for the sale of immoveable property is a
contract that a sale of such property shall take place on terms
settled betw een the parties.
It does not, of itself, create any interest in or charge
on such property.
G i f t :— "G ift” is the transfer of certain existing moveable or
immoveable property, made voluntarily and without consideration,
by one person, called the Donor, to another, called the Donee,
and accepted by or of behalf of the Donee.
14 1952 B. L. R. 214 S. C,
15. 1952 B. L. R, 80 S. C.
Such acceptance must be made during the life time

of the Donor and while he is still capable of giving.
If the Donee dies before acceptance, the gift is void.
M o r t g a g e : — A mortgage is the transfer of an interest in
specific immoveable property for the purpose of securing the
paym ent of money advanced or to be advanced by way of loan,
an existing or future debt, or the performance of an engagem ent
which may give rise to a pecuniary liability.
The transferor is called a mortgagor, the transferee
a m ortgagee ; the principal money and interest of which payment
is secured for the time being are called the mortgage-money, and
the instrument (if any) by which the transfer is effected is called
a m ortgage-deed.
4. N otw ithstanding th e provisions of section 3, the

Power of President m ay exem pt from the operation o f this
exemption. A ct, the transfer o f any im m oveable property or
of a lease o f im m oveable property for a term
exceeding one year.
A foreigner desiring to purchase immoveable property or

to take a lease for a term exceeding one year may apply for
permission to the President and if permission is granted a
transfer in his favour can be validly made.
The powers of the President under this Act can be exercised

by the Ministry of Foreign Affairs. Section 13 of Burma General
Clauses Act reads :—
"W here, by an Act of the President or any existing law as

defined in section 222 of the Constitution, any pow er is conferred,
or any duty imposed, on the President of the Union, then that
power shall be exercisable, or that duty shall be performable, in
his name by the Government."
Article 121 (1) and (2) of the Constitution reads :—
(1) All executive action of the Union Government shall be
expressed to be taken in the name of the President.
(2) O rders and other instruments made and executed in
the name of the President shall be authenticated in such manner
as may be specified in rules to be made by the President and the
validity of an order or instrument which is so authenticated shall

not be called in question on the ground that it is not an order or
instrument made or executed by the President.
O rder No. 1 of 1948 as am ended by O rder No. 1 of 1949
under section 13 of the Burma General Clauses Act provides for
authentication of orders and other instruments made in the name
of the President, by the signature of the Chief-Secretary, Secretary,
Additional Secretary, Deputy Secretary, Under Secretary or
Assistant Secretary to the Union Government in the Ministry
concerned .'6
5, (1) W hoever contravenes the provisions o f section 3

Penalty for shall be p u n ish ab le:—
illegal transac
tion.
(a) in the case o f a lease, w ith a fin e n ot exceeding
tw ice th e rent agreed upon for the entire period
o f th e lease ;
(b) in the case o f any other transfer, with a fin e not

exceeding tw ice the m arket value o f such property.
(2) In addition to the penalty im posed under sub-section

(1) the im m oveable property or any portion therefore in
respect o f which the transfer or lease is m ade contrary to th e
provisions o f section 3 shall be liable to confiscation in
the manner provided in section 6.

" 5. All transfers of immoveable property and of leases of
immoveable property contrary to the provisions of this Act shall
be void, and the Government may, by ord er in writing declare
such property or any portion thereof to be forfeited to the State:
Provided that the Government may, as an alternative to
forfeiture, impose on all or any of the parties to such transaction
penalties which in the aggregate shall not exceed the value of the
property.”
16. Pazundaung Rice Mill Vs. R. R. Khan Rice Mill and Trading Co. Ltd
1953 B. L. R. 124 S. C.
The present section was substituted by Act No. XVII of 1952,

promulgated on 27th Septem ber 1952.
Under the original section it was held that a transfer in
favour of a foreigner is void ab initio. See P. R. P. L. Ramaswamy
Chettiar and others Vs. Ma Aye and o n e ,7, Ko Mya Din and another
Vs. Ko Bin Nga">, and SR. M. C. CT. Annamalai Chettiar Vs.
Gor Kyin Sein and others .'6Also in the case of Abdul Latiff Vs.
Ko Aung 19it was held that a sale made on 22nd June 1949 was void
ab initio and the provisions of the am ended section did not apply
to it.
The effect of the amendment is that the transfer in favour of
a foreigner is not void ab initio now.
It was held in Hakim M. A. Rahim Vs. Subdivisional Judge,

Syriam and others 20 that under the Act, as am ended by Act No. XVII
of 1952, a sale to a foreigner without the necessary permission
renders the parties liable to prosecution with the sanction of the
President; and only upon conviction being entered, the President
may declare, if he should think fit, the transaction to be void. Thus
a sale to a foreigner does not appear to be ab initio void. A
registered sale deed is evidence of change of ownership and a
foreigner transferee may ask for permission to file a suit to eject
his tenant so long as the deed of transfer is not declared void.
It follows also that a Sub-Registrar of deeds cannot refuse to
register a deed of transfer in favour of a foreigner under this Act.
His duty is to register the same if the deed is otherwise in accord
ance with the provisions of the Registration and Stamp Acts.
W here a person took a loan from a foreigner and m ortgaged
his properties and there was a covenant to pay the debt, the
foreigner may file a suit to recover the amount due to him without
asking for a m ortgage decree. This is based on the principle in
section 24 of the Contract Act that where the illegal part of the
covenant cannot be separated from the legal, the contract is
altogether void but on the other hand where they can be
separated the illegal part may be rejected while retaining the
good .21
17. 1951 B. L. R. 320 H. C.

18. 1952 B. L. R. 240 H C. and 1953 B. L. R. S5 S. C.
19. 1959 B. L. R. 1 H. C.
20. 1954 B. L. R. 1 S. C.
21. S. Sabir Hussain Vs. R. M. L. Ramanathan Chettiar: 1955 B. L; R; 211 H. C
and 1957 B L R . 172 H, C.
One U Khin Maung was said to have sold a house and site
to Tan Yee Chai, who was not a citizen of the Union of Burma,
for K.750 on April 21, 1953. The Town Committee had warned
him thai he could not sell the property to a foreigner but inspite
of the warning the sale was concluded. The DIG Shan State then
prosecuted both U Khin Maung and Tan Yee Chai in the Court of
the District Magistrate, Loilem, under section 5 of the Transfer of
Immoveable Property (Restriction) Act, 1947, after having obtained
the sanction of the President. The District Magistrate fined both the
buyer and the seller K. 7,750 each or one year's imprisonment
in default and also informed them that the orders of Government
would be taken whether the property in question should not be
confiscated. The High Court pointed out that under section 4 of
the Shan States Registration Act, sale of immoveable property
valued at K.100 or over must be registered and that under section
6 of the Act unless there was such registration the ownership
would not be considered to have passed. As in the present case
there had as yet been no registered d eed executed, it was held
that the accused had not committed an offence under section 5 of
the Transfer of Immoveable Property (Restriction) Act. There had in
law been no sale. Both the accused w ere therefore acquitted .22
6. Upon conviction in a prosecution under sub-section (1)

P roperty liable of section 5, th e P resid en t:—
to confiscation.
(i) m ay by an order in writing declare th at th e transfer

or lease o f th e im m oveable property or any portion thereof
contrary to the provisions o f section 3 shall be void ;
(ii) m ay, in addition to the declaration under clause (1),
order in writing th at the im m oveable property or any portion
thereof in respect o f which a transfer or lease is made
contrary to the provisions o f section 3 shall be confiscated
and upon such declaration being made the im m oveable property
or any portion thereof which forms the subject m atter o f the
said transfer or lease shall vest in th e state.
This section was substituted by Act No. XVII of 1952.

The effect of this section is that the transfer is not void ab
initio as held in Hakim M. A. Rahim Vs The Subdivisional Judge
Syriam and others .23 See notes under section 5 above.
22. U Khin Maung and one Vs. The Union cf Burma; High Court Criminal
Appeal No 604 of 1954 1951 B. L R. 1 S. C.
23. 1954 B. L. R. I S C.
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) ACT 1 09
7. N o Court shall take cognizance o f an offence under

Sanction for sub-section (1) o f section 5 except upon
FrialSecou?tn 3nd com plaint in writing made by, or w ith the
sanction o f the President, and no Court
inferior to th at o f a Sessions Judge or o f a Magistrate o f the
first class specially empowered under section 30 o f Criminal
Procedure Code shall try such offence.

Sanction of the President is necessary before making a com
plaint under this section.
8. (1) The President m ay, by notification, make rules

for the purpose o f carrying out the provisions of
Power to make . . . . . 1 r
rules. tills A c t .
(2) In particular and w ithout prejudice to the

generality o f the foregoing power such rules m ay p rescribe:—
(a) th e authority by whom possession is to be taken on
beh alf o f the State o f the im m oveable property
ordered to be confiscated under section 6 ;
(b) the procedure for taking possession of such
im m oveable property;
(c) for such other m atters as are incidental to the
effective taking possession of such imm oveable
property.

The Rules made under the Act appear in the Burma Gazette
1956 Part I page 1511 and they are reproduced hereunder.
110
The Transfer o f I m m o v e a b l e P roperty
(R estr ictio n ) R u les 1956.
1. These rules may be called as the Transfer of

Im m oveable Property (R estriction) Rules, 1956.
2. In these rules unless there is anything repugnant in

the subject or c o n te x t-
(a) “A c t ” means the Transfer o f Im m oveable Property

(Restriction) A ct, 1947.
(b) “C ollector” means the Collector of th e D istrict in
which an im m oveable property or any portion
thereof in respect o f w hich a transfer is m ade
contrary to the provisions o f section 3 o f the A ct, is
situ ate and includes an officer authorised by him
in this behalf.
3. (1) W hen the Collector has reason to believe th at any

person has made a transfer of any im m oveable property or
any portion thereof in contravention o f section 3 o f the A ct,
he shall, if satisfied after holding Such enquiry into the
m atter as the circum stances of the case perm it, that there
has been a contravention o f section 3 o f the A ct, subm it th e
records of the proceedings to the President for necessary
section required under section 7 of th e Act.
(2) Upon conviction in a prosecution under sub-section

(1) o f section 5 of the Act, the Collector shall in due course
subm it to the President a copy o f the judgm ent in the case.
4. On receipt of an order made by th e President under

section 6, the Collector shall, in cases where the transfer or
lease o f the im m oveable property has been registered, direct the
R egistiar or Sub-Registrar to cancel forthw ith thcregistration
and n otify the cancellation to th e parties concerned.
5. (1) On receipt of an order made by the President

under section 6, the Collector shall proceed to take possession
of the im m oveable property or any portion thereof ordered to
be confiscated under section 6 o f the A ct, on behalf o f the
State.
THE TRANSFER OF IMMOVEABLE PROPERTY (RESTRICTION) RULES 111
(2) :Tlie Collector m ay by order in writing direct any

person who is in possession o f suclnim m oveable property to
surrender possession o f itjw ithin^tw enty-one days o f the service
o f theôrder on h i m t o such officer as m ay be specified in the
order.
(3) I f any person refuses or fails to comply w ith an

order made under sub-rule (2), th e Collector may evict that
person from, and take possession of, such im m oveable property
and for the^'purpose use such force as m ay be necessary.
(4) The Collector m ay take such measures as he

considers necessary or 'expedient for the purposes o f securing,
adm inistering, preserving and im proving such im m oveable
property and of collecting the rents and profits thereof.
6. A ny im m oveable property or any portion thereof

which comes into the possession of the Collector under Rule 5
shall be^disposed o f w ith the»previous sanction o f the President.
Such disposal *may be b y way o f sale, auction, or otherwise
as the President m ay direct.
T H E U N IO N C IT IZ E N S H IP ACT 113
112
2. In this Act, unless the con text otherwise requires, the
THE UNION CITIZENSHIP ACT, 1948. exp ression :—
og9o g^ScoooS < ^ g ^ o o ^ S c M o » 0 S ^ crarSgoeoii “Certificate of C itizenship” means a certificate granted

under the Union Citizenship ( E le c tio n ) Act, 1948 or under
(A ct N o. LXVI o f 1948.) this Act.
As a m e n d e d up to 1st D e c e m b e r 1960.
“ Certificate of N atu ralization ” means a certificate of
1. (1) This A ct may be called the Union Citizenship naturalization granted under this Act.
A ct, 1948.
“C hild” includes a legally adopted child.
(2) It shall extend to the whole o f the Union of
Burma and shall be deemed to have come into force on the “C on stitu tion ” means the Constitution o f the Union of
Burma.
4th day of January, 1948, 9th W aning, P yath o, 1390 B. E.
“Consulate of the U n io n ” includes any officer appointed
01! ( o ) £jj03cSg0G3C^ §^GCD06«5§^00^8ca00=gS^ OTcSgOGOOJGsT
by the President for the purposes o f registration under this Act.
C|«£ll
( j ) c^joscSgoGQoogSi §^GCoo8{j§§yo^ScGco5 oocS “D isab ility ” means the status of being a minor, lunatic
or idiot.
sQSciOfSu JÔScSgOGOCOfSl 0090 ^ 0 0 ^ 0 0 (9 ) (°?°(?
§O^CO§^GfT|jS g <]oSgs) ôgll 330CtDOmÔDÔp^c8^Cl«^ll
“F ath er” means the father o f a child who is legitim ate.
Burma including the Forntier Areas and the Karenni States “M inister” means a member of the Union Government
became a Sovereign Independent Republic on 4th January 1948 nom inated for the purposes o f this A ct b y the President.
and under the Constitution it is called “ the Union of Burma.” The
Union of Burma comprises the whole of Burma, including (i) all the “P arent” shall in any provisions relating to minor
territories that w ere governed by His Britannic Majesty through children include an adoptive parent and the m other o f an
the Governor of Burma under the Government of India Act 1935 illegitim ate child, provided that the adoptive parent o f the
and (ii) the Karenni States. mother has the lawful custody of such child or children.
This Act was signed by the President on 8th November 1948 “U n ion ” means the Union of Burma.
and it appeared in the Burma Gazette on 20th November 1948, but
it has retrospective effect from 'the 4th day of January 1948, as
stated in sub-section (2 ) above. Jl II G§]!^0c£e000?c$(^938y1dsc^ GCOOCSOOO:£|§ WC^KflSl C^ 3 3 oS
gOG0§o1§00gb---
The following amendments were made to the original Act:—
“ ^ 8 caoo:rocS<j)c£>” sfôofSyoi0 3 9 0 ^ jS i § £ § g oooS {}§£«d^6 c
(1) Act XLIII of 1949.
000S03gSG§|!^|dfcGC|; 9308gOSO33C]l C$ODj£s«OJcSc^330$gO
(2) Act XXIII of 1954.
(3) Act XVI of 1957. GO-33 £)GOSt»OGOD^COcSycBc^£^C§OOÎI
(4) Act X of 1958. “ ^ 8 CCDO?§^COCS^CS” rjj33c8gOG003e]l GOIDSOOOcS
| 8 c 0 3 0 5 ^ 3 3 § 8 d3£)GO;GCOO C O C ^ cS d^C ^ O O jfjll
As to what is citizenship and who is a citizen see notes under
section 4 of this Act.
114 THE U N IO N C IT IZ E N S H IP ACT
“ ooosoo§:” £êc»oeoao8§ cospsgocoosqi eg;®ossooo c»o:

oo§:coj^S:oTo8c»(£i
“ 03C§3g0C0” EÔOfSÔ (tjgbGCD:) 8^§§«o|Sc<î §®£§S3g5q|S(}

33G§9gOGOC^3^CâD£Sll
“ IggSccooSs^Scî goooS®So^s” s^good®oooj§ c^93cSgoG3
03C|i ycStôoScj^ Sj Scgoo5 cooooro 8§ ooo: g 3oo ^scogSs
oloSoogSi
“ o s c ifS ts q S s ^ J^ a j” sôogSyo 93§|dSoespc5eoo:aji c^Sco^S*
wojcS aj^si côojSsoojcS oSsog8t^scâ^c§a3î
“ o a o o ” SÔO^yOCDGp!gOCDQ3qi CDSpSoScODO OOGCOSIî 33CX) cfy
3^CljS00£§ll
“ of@ s” sôDfSyoi ^8ceoaSo3«OTOO cjjascSgoeo nacfj^pl

O O O O ^D jS eO D O §êOOo8«J03îClTOô8 S^ cQ
OO^SO
“ 8 a > ’' j^ e c o o ® c o o :§ i 33 §|(JSoGGpo5 e a o s e c o o o o g c o ?§8 ©Scxjj§s
cog^go^cSogS djScoGcccc^GgjeosGODO Bod oooTiols^S
c d s[)so o 8 g c » o ooccv>:<î ooBcofSsoloScofS# C§€pOgS
c^GgscosGODO ScDODolsolsoofSi côDgStoopcS côaSojî
CÔOGCDSC^ OQSp g0G 0D 3^ 3 ^ S d 8 ^ S G ^ § 5 G ]t'^ ll
“ §^gooo 8«j” s^cofS^ni §^GOoo8iij§^«o^8cc^£^câD^»
The word ‘citizen’ has not been defined in this section.

Sections 10 and 11 of the Constitution read with section 4 of this Act
attempt to define as to who are citizens of the Union of Burma, but
to know who are citizens of the Union one has to read almost the
whole of this Act. For details please see notes under section 4 of
this Act. At the time the Union of Burma em erged as a sovereign
state section 11 (i) (ii) and (iii) of the Constitution (which has been
reproduced in the notes under section 4 of this Act) conferred
citizenship on persons described therein and guaranteed citizenship
to those who qualified under section 1 1 (iv) of the Constitution
and who signified their intention to elect for it in accordance with
law to be made by the Parliament. The task of further defining
citizenship was left to the Parliament. For cases governed by
section 11 (iv) of the Constitution the Union Citizenship (Election)
Act 1948 was promulgated by the Parliament and the Union
Citizenship Act 1948 is the main law regarding citizenship matters.
T H E U N IO N C IT IZ E N S H IP AC T 115
' Certificate of citizenship ’ having been defined under this

section to include the certificate of citizenship granted under this
Act and the certificate of citizenship granted under the Union
Citizenship (Election) Act 1948 the provisions of sections 5,9,11,12,
12A, 14 14A, 14B, 15,18,19,21, and 21A of this Act become applicable
to a person who has obtained a certificate of citizenship under
the Union Citizenship (Election) Act, 1948.
A certificate of naturalization can be issued only under

sections 7, 8 and 13 of this Act.
Child ordinarily means a son or a daughter, but this section

defines it to include a legally adopted child. It does not say if a
stepchild is a child within the meaning of this Act. The word child
occurs in this Act in sections 5(a)(b)(c), 9(1) (2) (3), 11(4), 12(1) (2)
(3), 12A (1) and 14.
' F ather' is defined as a father of a child who is legitimate.

It does not therefore include a father of an illegitimate child. The
expression father has been used in sections 5(a) and (b) which
refer only to a naturally born child and not to an adopted child.
The definition of the word parent also gives the definition

of the word mo her; and mother includes the mother of an
illegitimate child, if she has the custody of the child. The word
parent has been used in this Act in sections 4(2), 5(a), 5(c), 11(4),
12(1), 12(3), 12A and 14.
Minister means a m em ber of the Union Government

nominated for the purposes by the President of the Union. At one
time the Judicial Minister was the minister nominated for the
purposes of this Act. Since 1st October 1957 the Minister for
Immigration and National Registration is the Minister for the
purposes of this Act.
3. (1) For the purposes o f section 11 o f the Constitution

th e expression “any o f the indigenous races o f B u rm a” shall
mean the Arakanese, Burmese, Chin, K achin, Karen, K ayah,
Mon or Shan race and such racial group as has settled in any
o f the territories included w ithin the Union as their permanent
home from a period anterior to 1823 A. D. (1185 B. E.).
(2) For the purpose o f section 11 o f the C onstit

and o f section 3 o f the Union Citizenship (Election) A ct, 1948,
the words “ H is B ritannic M ajesty’s dom inions” mean the
territories enum erated in section 2(2) o f th e Burma
Independence A ct, 1947.
pn « (o ) asG ^ agoso^ S o ( o o ) s a c k 'll “ § £ « o ^ S c .^ 6 s^ 8 :c o d :c d
ifs tfs ” coqSi o o c |8 i r o o o o s q S si (y ^ o o i g§i s$S i c^ oogS roop cS
§ )S sq jt|ic ^ q 8:i o o j p (jy § « o co $ G p & 0003 ^ S ) o c ^ 8§ n o o x ^ o ^

§£SG O oo 8 ujqgS o 1 o 8 ccD 0 ^ ( jP e ^ 00^ § 8 8 ^ o S c | 8 j c ^ 8 ; § ^ i 3 ? § S § § 03G §^cS
G^85eoDo (|?§'jS^cp8i^ ro ^ 8eroo 88s^c^:x)j£ii
( j ) D3 e § 3 Q O G 3 ^ S « OO §8 0(390 ^ 8l |y £ § G C O D S ^ § § U O $ S c
OD083?§Ss§)S^jdSGC|8O3c5goGOi16 o p ‘ ‘ l^ ^ o ^ crjq S o B sjy cS ^ iaa o aD O

§ | ^ " >S p f'jS G § ” SÔOfSyOl 0 0 9 ^ § § tQ ^ S c G C o 5 cSCOSGCJ833^8g0GO
c^ Su J ( j ) c g S s o T ly a o D s a o ^ S ^ u S G ^ q p sd ^ c^ osgS i
' Kayah ' was inserted in place of ' Karenni ’ vide Act XVI of
1957.
Section 11 of the Constitution reads :—
" 11. (i) Every person, both of whose parents belong or
belonged to any of the indigenous races o'f Burma ;
(ii) every person born in any of the territories included
within the Union, at least one of whose grand-parents
belong or belonged to any of the indigenous races
of Burm a;
(iii) every person born in any of the territories included
within the Union, of parents both of whom are, or if
they had been alive at the commencement of this
Constitution would have been, citizen of the Union;
(iv) every person who was born in any of the territories
which at the time of his birth was included within
His Britannic Majesty's dominions and who has
resided in any of the territories included within the
Union for a period of not less than eight years in
the ten years immediately preceding the date of the
commencement of this Constitution or immediately
preceding the 1st January 1942 and who intends to
THE U N IO N C IT IZ E N S H IP ACT 117
reside permanently therein and who signifies his

election of citizenship of the Union in the manner and
within the time prescribed by law,
shall be a citizen of the Union".
Section 11 of the Constitution did not define the expression

'indigenous races of Burma'. Sub-section (1) above purports to
define the same, but this definition is by no means exhaustive. The
definition only mentions the major races of Burma. There are
several minor races such as Shan-Tayoke, Maru, Naga, Khamwe,
Thet, Dine, Net, Palaung, Nung, Padaung, Brek, Wa, Miao, Kaw,
Lahu, Lisu, Lisaw, Yawyin, Hkun (Tai), Daru, etc.
Ponnas w ere classified in the 1931 census into there
categories, namely, Bama Ponna, YakhaingPonna and Kathe Ponna.
Bama Ponnas are descendants of Hindus who came from Manipur
to the Court of the Pyu King to Prome (Thirikhetaya). The Yakhaing
Ponnas seem to have had a similar but less ancient origin and the
different environment of Chittagong and Arakan. A large number
of Manipuris were brought to Burma after the Burmese invasion oi
Manipur particularly those of 1758, 1764 and 1819 and it is chiefly
to descendents of these that the term Kathe has generally been
applied. Thus as Ponnas had immigrated into Burma before 1823
they may be included in the indigenous races of the Union of Burma,
They may also claim to be citizens under section 4 (2) of this Act.
The indigenous races referred to in section 11 (i)(ii) and (iii) of
the Constitution and in section 3 of this Act are ' indigenous races of
Burma ’ Chins in India are a race indigenous to India while those in
Burma are indigenous to Burma and therefore these Chins who are
indigenous to India cannot be regarded as indigenous to Burma.'
Sub-section (2) above defines the expression 'His Brittanic

Majesty’s dominions ’ occuring in Section 11 (iv) of the Constitution
and section 3 of the Unicn Citizenship (Election) Act 1948 which
was passed to render opportunity to those qualified under section
11 (iv) of Constitution to elect for citizenship.
4. (1) A ny person, who under sub-section (i), (ii) and (iii)

o f section 11 o f the C onstitution, is a citizen o f the Union or
who, under sub-section (iv) o f section 11 o f th e Constitution,
is entitled to elect for citizenship and who has been granted
under the U nion Citizenship (E lectio n ) A ct, 1948 a certificate
o f citizenship, or who has been granted a certificate o f
naturalization or a certificate o f citizenship or who has
otherwise been granted the status o f a citizen under this A ct,
shall continue to be a citizen o f the U nion, until he or she
loses that status under the provisions of this Act.
1 Letto Lai D anga V. The Union of Burma: 1959 B. L. R. 30 H. C.

118 THE U N IO N C IT IZ E N S H IP A C T T H E U N IO N C IT IZ E N S H IP ACT 119
(2) A ny person descended from ancestors who for tw o (iii) every person born in any of the territories included
generations at least have all made any o f the territories within the Union, of parents both of whom are, or if
included w ithin th e U nion their perm anent hom e and whose they had been alive at the commencement of this
parents and h im self were born in any o f such territories shall Constitution would have been, citizen of the Union;
be deem ed to be a citizen o f the Union. (iv) every person who was born in any of the territories
which at the time of his birth was included within
91 1 ( 0 ) 33 G § S g 0 G0 ^ S « 0 0 ( r o ) l ( 9) ^8 ( o ) 33 C|§£§GOOq8 ^ His Britannic Majesty’s dominions and who has
§§U0|8cC0D8 §S^GOOOOJODÎ tÔQ£S8«OJcf>33S§S> gOGOC^Su 0 0 (?£>) 03C] resided in any of the territories included within the
| 8cOD^S93§SG§]:qdS|§C|§§l 0 0 9 0 ^ 8 § £ § 6 0 0 0 8^ g^«o|8ca)OS33§SGgS^|dS Union for a period of not less than eight years in
GC|:35o5goGQ33C|i ^ScooosconSycfic^q^GOOOOJOOgSl ÔDÎtOpcS C^3ac6gOGO the ten years immediately preceding the date of the
33C| ^ 8cooO*^COc8 ^c5 (^§ 8gCI ^ScoODSCOcS^cSd^SG® C|§GCOOOÔOÎ commencement of this Constitution or immediately
preceding the 1st January 1942 and who intends to
djSoojSwopcS ^jo3c8goGOcos)33§o;^^:^ ^gSGOOo8^^8c.aDOSoa^Sr^Go:33o reside permanently therein and who signifies his
(gSiscjoôo^ c^jascSgoGO (ygo^sqcSqpsasc) §Sdooo803§Sr^ oa^*!cv}|Si election of citizenship of the Union in the manner and
§ ^ G 0 0 0 8 ^ § ^ 0 |8 d 0 0 0 S 3 3 § 8 C O ^ G Ô D ^ O p^< S c^S l«^ l within the time prescribed by law,
shall be a citizen of the Union”.
( j) §^GCOo8^0g8or|o8GOOO $dSG§CT>^0gS 93^^83^! C^SCgOJ
530SC^:rocScDa8y®^l 88c§(ôSe|S8C^88§£S33§S§S ^8soc8u§cSoooo®§33c§j W HO ARE CITIZENS OF THE UNION?
^cSG^djSScooSoofSlySi 88î8oD^So1:^8oocg 88'c?^dSdJ8 d^^dSG§OD^cgS
G g s g ls a ^ S c g S i côôaos g$uo^6£co3tg8a>Sc?yc6ae(|wSi According to section 4 above the following are citizens:—
As stated in the notes under section 2 above the w o rd ' citizen' (a) any person who is a citizen under sub-sections (i),
has not been defined as such in this Act. But section 4 purports to (ii) and (iii) o f section 11 o f th e Constitution.
define who all are citizens of the Union.
(i) U nder sub-section (i) of section I I c f the C onstitution every person
The Union constitution recognizes only one kind of both of whose parents belong or belonged to any of indigenous
races of B u rm a is a citizen.
citizenship. Section 10 of the Constitution of the Union of Burma
sta te s:— The expression indigenous races has been defined in section 3
" 10. There shall be but one citizenship through out the Union; of this Act. In this case it does not matter where the person is
that is to say, there shall be no citizenship of the unit as distinct born, if both of his parents belong to the indigenous races of
from the citizenship of the Union” . Burma, he is a citizen of the Union. But as to what will be the effect
if he has acquired citizenship of another country, please see notes
Also section 11 of the Constitution reads :— under other relevant sections of this Act.
" 11. (i) Every person, both of whose parents belong or (ii) Under sub-section (ii) of section 11 of th e Constitution every person
belonged to any of the indigenous races of Burma ; born in any of the territories included w ithin the U nion, at least
one of whose grand-parents belonged to any of the indigenous races
(ii) every person born in any of the territories included of B urm a.
within the Union, at least one of whose grand-parents
belong or belonged to any of the indigenous races In this case if one of the parents or grand-parents of the
.of B urm a; person belonged to an indigenous race, the person will be a citizen
120 THE U N IO N C IT IZ E N S H IP AC T
provided he was born within the territories of the Union. If he

was born outside the Union he would not be a citizen under this
sub-section. U Sin Koi' a Sino-Burman who was born in Burma was
held to be a citizen under this sub-section of the Constitution.
(iii) Under sub-section (iii) of section 11 of the Constitution every
person born in any of the territories included within the Union of
parents both of whom are, or if they had been alive at the
com mencem ent of this constitution would have been citizens of the
Union.
(b) any person who under sub-section (iv) o f section 11

o f the Constitution is entitled to elect for citizenship and who
has been granted under the Union Citizenship (E lection) Act
1948 a certificate o f citizenship.
Under sub-section (iv) of section 11 of the Constitution every

person who was born in any of the territories which at the time of
his birth was included within His Brittanic Majesty's dominions and
who has resided in any of the territories included within the Union
for a period of not less than 8 years in the 10 years immediately
preceding the date of the commencement of the Constitution or
immediately preceding the 1st January 1942 and who intends to
reside perm anently therein and who signifies his election of
citizenship of the Union in the m anner and within the time
prescribed by the law shall be a citizen of the Union. A special
enactment called the Union Citizenship (Election) Act 1948 was
promulgated by which persons qualified to elect for citizenship
under this sub-section could apply for and obtain a certificate of
citizenship. The said Act has been dealt with separately in this
book. The last date for filing applications under the said Act was
30th April 1950.
(c) any person who has otherwise been granted the

status of a citizen under this Act.
Under this Act the following persons have been granted the
status of citizenship :—
( i) Under section 4 (2) of the Act, any person descended from ancestors
who for two generations at least have all made any of the
territories included within the Union their permanent home and
1. U Sin Koi Vs. U San Win: 1958 Burma G azette Part 1 p a g e 478.
THE U N IO N C IT IZ E N S H IP AC T 121
whose parents and him self were born in any of such territories shall
be deemed to be a citizen of the Union.
The Supreme Court held in Karam Singh’s case that under

the Constitution of Burma and h er citizenship laws m ere birth in
Burma or residence in Burma at the time she em erged a sovereign
independant state did not by itself confer Burmese nationality on a
foreigner .2 Section 4 (2) however provides citizenship status to a
person who was himself born within the territories of the Union
and both of whose parents w ere also born within the said
territories. It also requires that the ancestors of the person must
have for two generations at least made any of the territories
included within the Union their perm anent home. When a person
is said to have made a place his perm anent home is not defined in
the Act. It may be noted that the emphasis is on the ancestors
making a perm anent home and not the person. In Bishna Lai Vs.
The Union of Burma 3 It was held that as Bishna Lai was and his
parents w ere born in the Union of Burma and as his ancestors had
for two generations made Burma their perm anent home he was a
citizen of the Union and that he did not commit any offence by his
failure to renew his foreigners registration certificate which he had
obtained by mistake of law. In the case of Hasan Aliând Meher Ali
reported at page 77 of this book their Lordships of the Supreme
Court rem arked ' We note that the 1st respondent in his returns
has stated that the applicants are Pakistanis in appearance ; that
they have no knowledge of the Burmese or the Arakanese
languages ; and that they are unable to answer questions relating
to events which had o curred in Arakan during the past decade.
From these, he stated, the Immigration authorities w ere satisfied
that the applicants are illegal immigrants of recent origin. Further,
in applying the tests which the 1st respondent has mentioned,
section 4 (2) of the Union Citizenship Act must not be lost signt of.
A person descended from ancestors who for two generations have
made Burma their perm anent home, and whose parents and himself
were born in Burma is a statutory citizen. Today in various parts
of Burma there are people who, because of their origin and isolated
way of life, are totally unlike the Burmese in appearance or speak
2. Karam Singh Vs The Union of Burm a: 1956 B. L. R. 25. S. C.

3. Bishna Lai Vs. The Union of Burm a: 1959 B. L. R. 3 H. C.
4. C rim inal M iscellaneous A pplications No. 155 and 156 of 1959 of S uprem e
Court.
of events which had occurred outside the limits of their habitation.

They are nevertheless statutory citizens under the Union Citizenship
Act. The applicants claim that they belong to that category. They
might be right and therefore the opportunity of proving that they
are, should be given to them. To deny them this opportunity would
be a violation of their fundamental right’. Thus mere race or
appearance of a person or whether he has a knowledge of any
language of the Union is not the test as to whether he is a citizen
of the Union.
(ii) Under section 9 (2) of the Act, any minor child whose name is
included in the certificate of citizenship or certificate of naturali
zation of any of the parents shall be deemed to have become a
citizen of the Union.
It does not matter in this case as to where the child was born.
It does not matter also whether the child was born before or after
the commencement of the Constitution. Once his or her name has been
included in the certificate of citizenship or naturalization of one of
the parents the child becomes a citizen under this Act.
(iii) Under section 5 (a) of the Act, a child born in the Union on or
after the 4th day of January 1948 one of whose parents is a citizen
shall be a citizen provided that if the father is a foreigner, he shall
be a citizen only up to the date of his attaining the age of 18
years and a year thereafter, if he does not make a declaration of
alienage in respect of any foreign nationality and of election to
retain Union citizenship during that year. But if, of (he parents,
the mother alone is a foreigner he continues to be a citizen by his
mere birth in the Union.
This provision applies only to a child born after the

commencement of the constitution, that is to say, on or after 4th day
of January 1948.
(iv) Under section 5 (b) of the Act, a child born outside the Union of a
father who ii a citizen, is a citizen provided that the child’s birth
was registered in the iranner and within the time prescribed under
the Act at the proper Consulate of the Union. If the mother only
of the child is a citizen and the father is not a citizen then by birth
outside the Union after the commencement of the Constitution the
child will not ipso facto become a citizen by registration of such
birth.
T H E U N IO N C IT IZ E N S H IP AC T 123
(v) Under section 5 (c) of the Act, a child born outside the Union of
a parent who being a citizen, was at the time of the child's birth
in the service of the Union, shall be a citizen provided that if the
other parent was an alien and if the child within one year after
attaining majority fails to make a declaration of any foreign national
status to which he may be entitled and electing to retain Union
citizenship, he shall, on the expiry of that year, cease to be a citizen
of the Union.
(vi) Under section 11 (4) of the Act, if the father is a citizen and the
mother is a foreigner and she applies for and obtains a certificate
of citizenship, on the joint application of the mother and her
husband the Minister shall for the purpose of recognising as a citizen
include in her rectificate any minor child not already a citizen and
born before the date of the grant of citizenship certificate to her.
Thereafter the provisions of section 9 (2) of the Act apply to the
child, and the child in 11 be a citizen.
A person who is a citizen under section 4 (2), 5 (a), (b) and (c),
9 (2) or 11 (4) of the Act or under sub-section (i) (ii) and (iii) of
section 11 of the Constitution may apply for a certificate under
section 6 (2) of the Act, in such cases the applicant does not apply
for citizenship. He applies for a certificate of citizenship as a proof
of the fact that he is already a citizen. As to what happens in case
the child fails to make the declaration mentioned in section 5 and
11 (4), please see notss under those sections.
(d) a person who has been granted a certificate of

citizenship.
A person may be granted a certificate of citizenship in the

following eases :—
(i) A person may apply for a certificate of citizenship under section 6(1 )
of the Act to remove any doubt as to his status and also under
section 6 (2) of the Act when he is already a citizen under section
4 (2), 5 (a) (b) (c), 9 (2) or 11 (4) of the Act or section 11 (i) (ii)
(iii) of the Constitution.
Certificate under section 6(1) and (2) can be issued only to

a citizen and not to a foreigner.
(ii) any woman who is married to a citizen may after continuous

residence in the Union for at least one year apply to the Minister
124 T H E U N IO N C IT IZ E N S H IP ACT
(or a certificate of citizenship and the Minister may issue her a

certificate of citizenship on her complying with the provisions of
section 11 of the Act.
(iii) A child born outside the Union, one of whose parents is a citizen,
shall, if the child is not otherwise a citizen, be entitled if still a
minor and in the custody of the parent, to the grant of a certificate
of citizenship on the application of the parent, on the parent
resuming his or her domicile in the Union, provided that if the
child within one year after attaining majority fails to make a
declaration renouncing any foreign national status to which he may
be cntiiled and electing to retain Union citizenship, he shall cease
on the expiry of that year to be a citizen of the Union, as stated
in section 12 (1) of the Act.
(iv) Under section 12 (2) of the Act, if the child contemplated by section
12 (1) above is a major, the Minister may grant him a certificate
of citizenship provided that the Minister is satisfied (a) that he is of
good character and (b) that he intends either to reside premanently
in the Union or to enter or continue in the service of the Union or
of the constituent States thereof or of any religious, charitable or
commercial organisation established in the Union.
(v) Under Section 12 (3) of the Act, if a child born in the Union and
born of the parents both of whom are not citizens of the Union
permanently residing in the Union within jurisdiclion thereof is of
good character and is not under any disability, he may apply for a
certificate of citizenship before the first day of April 1955 or within
one year after attaining majority, provided that he is then
permanently resident in the Union.
(vi) Under Section 14B of the Act, if any person who has ceased to
be a citizen of the Union under section 14 or section 14A, (a) has
the qualifications mentioned in clause (i), (ii) or (iii) of section 11
of the Constitution or section 5 (b) of this Act, and (b) undertakes
that he will permanently reside again in the Union, renounce
foreign citizenship in accordance with the law of the foreign
country concerned and owe allegiance to the Union, the Minister
may in his discretion permit him to retain the citizenship of the
Union, and his decision shall be final.
(vii) Under section 12 A of the Act, if one of the parents of the child
born in the territories included within the Union before the
THE U N IO N C IT IZ E N S H IP A C T 125.
"... •. "/■ ■ o .'.i <•••■
-'
commencement of the Constitution is a citizen of the Union under
cluse (ii) of section l i of the Constitution, or if one of such
parents is living at the commencement of the constitution and is
entitled to apply for the citizenship of the Union under clause (ii)
or clause (iii) of section 11 of the Constitution and is not under any
disability, he may apply for a certificate of citizenship before first
day of April 1955 or within one year after attaining majority, but
shall be permanently resident in the Union.
(e) a person who has been granted a certificate of

naturalization.
For this, provision has been nade in this Act in sections 7, 8

and 13. A certificate, of naturalization can, be obtained only under
sections 7, 8 and 13 of this Act. , f i,r
( i) Any adult person of any race and no matter where he is born, if

he has resided in the territories included within the Union
continously for the period of 5 years, he may apply for a certificate
of naturalization Under section 7 of the Act.
< '• \ '• , ■.'i V ' '■ . .. '
But if a person is entitled to a certificate of citizenship it is '
advisable to apply for that and not for a Certificate of naturalizati9 n,
because the Minister may refuse to issue a certificate of
naturalization without assigning any reason, For details see notes
Under section 7< of the Act.
(ii) Under section 13 of the Act any person who has served honourably
at any time in the arnied forces of the Union for ft period
aggregating three years may be naturalized if the petition for;
naturalization is filed while he is still in the service or within six
months after the termination of such service, upon full compliance
with all the requirements of section 7 of this Act, except that no
notice of intention shall be required and no residence within the
Union shall be required. : r
(iii) Under section 8 of the Act any person acquiring a Burma

Naturalization Certificate issued under section 5 of the Burma
Naturalization Act and whose name is included therein shall be of
good character and unless such person is under a disabiltty, he may
apply for a Burma Naturalization Certificate, if he declares before
the firsfday of April 1955 or within a period of one year after attaining
majority, that he would renounce hit citizenship of a foreign country
126 THE U N IO N C IT IZ E N S H IP A C T
and that he owes allegiance to the Union and that he elects the
citizenship of the. Union: provided that the provisions of this
section shall not apply to any person, who before the promulgation of
the Citizenship (Amendment) Act, 1954, acquires the certificate under
the original section 8, but shall apply to the children of such person.
It may be noted that by merely applying for the grant of a

certificate of citizenship or naturalization a person does not become
a citizen. It is only when a certificate is issued to the applicant and
he has made a declaration renouncing his status as a citizen of any
foreign country and owing allegiance to the Union that the applicant
becomes a citizen of the Union. See sections 7(4), 11(4), 12(4),
12A(2) of the Act.
One Tai Yu Han5 was served with an order to be deported.

He applied for a writ to the Supreme Court claiming that as his
mother was Burmese he was a citizen of the Union and being a
citizen he was not liable to be deported under the Foreigners Act.
As a question of status arose the Supreme Court held that it was
competent to take evidence and decide as to whether Tai Yu Han
was a citizen of the Union or not. After admitting evidence the
Supreme Court quashed the order of deportation holding that
Tai Yu Han was a citizen of the Union and that by the mere fact
that he had obtained a foreigners registration certificate he was not
deprived of his citizenship status.6 In the case of Chan Yu Ta Vs.
The Permaent Secretary, Foreign Office and one, the applicant
applied for a writ on the ground that his maternal grand-mother
was a Shan and that he was therefore a citizen of the Union under
Section 11 (i) (ii) of the Constitution. The Supreme Court dismissed
the application as from the records it appeared that the President
of the Union was satisfied after due inquiry that the applicant was
a foreigner. The applicant was however advised to seek remedy
elsewhere in case he still claimed to be a citizen.7
The person concerned could in law file a suit for declaration

that he was a citizen and for an injunction against the Secretary
concerned. He could also apply for a review of the orders to the
President or the Secretary concerned and satisfy him of his national
status.
5. Tai Yu Han Vs. The Union of Burma: Crim inal Miscellaneous Application
No. 252 of 1952 of the Suptesrpe Court.
6. Tai Xu Han Vs. The Union of Burma: 1953 B L R. 47 S. C.
7. 1957 B. L. R. 46 S. C.
WHEN MAY A CITIZEN CEASE TO BE A CITIZEN OR LOSE HIS STATUS

OF BEING A CITIZEN?
Section 4(1) of this Act states that the persons mentioned

therein are citizens of the Union and they shall continue to be
citizens of the Union until they lose that status under the provisions
of this Act. Hence the question: When may a citizen lose his status
of citizenship as provided for under this Act? A person may lose
his status as provided in sections 5, 12(1), 14, 14A, 15, 16, 17 18,19
and 21A of this Act and these are discussed in more detail herein
below. But by merely obtaining a foreigners registration certificate
a person does not lose his citizenship.8
( i ) Section 5 ( a ) :— If the father of the child born in the Union

after the commencement of the Constitution is a foreigner, and if
the child on attaining the age of 18 years and before he attains the
age of 19 years fails to make a declaration of alienage in respect
of any foreign citizenship and elects to retain the Union citizenship,
he loses the citizenship status.
(ii) Section 5 (b ):— If the child is born outside the Union of a

father who is a citizen, and if the birth of the child is not registered
as required by the section 5 (b) the child will not be a citizen.
(iii) Section 5 (c );— If the child is born outside the Union one
of whose parents is a foreigner, and the other is a citizen and the
citizen parent is at the time of the child’s birth in the service of the
Union, and if the child on attaining the age of 18 years and before
his next birth day fails to make a declaration of alienage of foreign
nationality and electing to retain the Union citizenship he shall lose
his citizenship status.
(iv) Section 12(1):— A child born outside the Union, one of

whose parents is a citizen, shall, if the child is not otherwise a
citizen, be entitled if still a minor and in the custody of the parent,
to the grant of a certificate of citizenship on the application of the
parent, on the parent resuming his or her domicile in the U nion;
but if the child within one year after attaining majority fails to
make a declaration renouncing any foreign national status to which
he may be entitled and electing to retain Union citizenship, he shall
cease on the expiry of that year to be a citizen of the Union.
8. Tai Yu Han Vs. The Union of Burma: 1953 B L. R. 47 S. C. and Bishna Lai Vs.
The Union of Burma: 1959 B. L. R. 3 H C.
(v) . Section 14:—. A citizen of the Union, not being .under a

disability, who obtains a certificate of naturalization in a foreign
State or by any voluntary or formal act other than marriage '
becomes naturalized in any other foreign State, shall forthwith be
deemed to have ceased to be a citizen of the Union.
I
(vi) Section 14A:— (1) Unless any person who is a citizen of
the Union and also acquires the citizenship of a foreign country by
operation of any law thereof, submits a report to the Minister that
he has renounced his foreign citizenship in accordance with the
law of such foreign country (a) before the first day of April 1955,
or (b) within one year after attaining majority, or (c) within one
year from the date of enactment of that law by such foreign
government, whichever period is longest for him he shall be
deemed to cease to be a citizen of the Union at the end of such ,
period. (2) Unless any person recognized as a citizen of the Union
under clause (i), (ii) or (iii) of section 11 of of the Constitution or
under section 4(2) or 5(b) of this Act. has registrated as a
foreigner in a foreign Embassy or obtained a passport as a
foreigner from a Foreign Government concerned, the provisions
of sub-section 14A (1) shall not apply , to him. (3) Any person
referred to in sub-section 14A (2) not being under any disability '
and having after the first day of April 1955, registered as a
foreigner in a Foreign Embassy or obtained a passport as a
foreigner from a Foreign Government concerned shall be deemed
to cease to be a citizen of the Union forthwith.' ■ ■ ,
' ' ' '' 't 1 j j ; I
(vii) Section 16:— Any person who, at the commencement of
the constitution, was by virtue thereof, a citizen and who by virtue
of .subsequent election under section 2 of the Burma Independence ;
Act, 1947, is deemed to be a British subject, shall cease to be a >
(viii) Section 17:— Any person, who by reason of the Constitu

tion, is a citizen of the Union and who, by reason of the provisions of ,
clauses 2 and 3 of the first Schedule to the Burma Independence f
Act 1947, also retains the status of a British subject, may, if not under •
disability make a declaration of alienage and on making the {
declaration he shall cease to be a citizen of the Union.
■I
(ix) When the certificate of naturaliza- ,
Sections 18, 19 and 21A:—
tion or the certificate of citizenship has been revoked, by the
Minister under sections 18 or 19 of the Act the holder of the ~
THE U N IO N C IT IZ E N S H IP A C T 129
certificate shall cease to be a citizen of the Union and shall be

regarded as the citizen of the country of which he was a subject
at the time the certificate was granted to him. Also to when a
certificate of citizenship or a certificate of naturalization may be
revoled please see notes under section 18 and 19 of this Act.
DIFFERENCE BETWEEN A CERTIFICATE OF CITIZENSHIP AND A

CERTIFICATE OF NATURALIZATION ?
Section 10 of the Constitution states that there will be only one

class of Citizenship. So that there is no difference between a natural
born citizen (i. e. a recognized citizen or a person who is given the
status of a citizen) or a person who is granted a certificate of
citizenship or naturalization. But the difference lies in the procedure
as to how one may acquire citizenship. A natural born citizen is
one who becomes a citizen by the fact of his birth. The procedure
for obtaining a certificate of citizenship is different from the
procedure for obtaining a certificate of naturalization. If a person
has all the qualifications and he is entitled to a certificate of
citizenship, he is entitled to get it as of right while a certificate of
naturalization may be issued only in the discretion of the Minister.
It may also be mentioned here that the citizenship rights of a natural
born citizen may not be revoked, though in case of those to
whom a certificate of citizenship or naturalization is granted the
Minister may revoke the certificate under sections 18 and 19 of the
Act.
WHO CAN APPLY FOR A CERTIFICATE OF CITIZENSHIP AND WHO CAN

APPLY FOR A CERTIFICATE OF NATURALIZATION?
For the answer to this question one will have to refer to the
question: Who are citizens of the Union? which has been discused
at page 119 of this book. All those who are entitled to a certificate
of citizenship under section 6 (2) of the Act are citizens by birth or
they may also be called natural born citizens or recognised cttizens
or persons to whom status of citizenship has been given under the
Act. Section 6 (2) refers to section 11 (i), (ii) and (iii) of the
Constitution, and sections 4 (2), 5, 9 (2) and 11 (4) of the Act. All
these persons are citizens of the Union and they are entitled to
apply for and obtain a certificate of citizenship as proof of the fact
that they are citizens. The next category of citizens are persons
covered by section 11 (iv) of the Constitution read with the Union
Citizenship (Election) Act and sections 12(1), 12(2), 12(3), 12A, and
14B of the Act. As to who all may apply for this certificate see the
notes under these sections and the notes above under the heading:
Who are citizens of the Union? A certificate of naturalization can

be issued only under sections 7, 8 and 13 of the Act. As to who can
apply for this see notes under the said sections and the notes
above under the heading: Any person who has been granted a
certificate of naturalization.
HOW TO APPLY FOR A CERTIFICATE OF CITIZENSHIP OR NATURALIZA

TION ?
This question will have to be answered according as whether

the person is already a citizen of the Union or not and if not
whether he is entitled to apply for a certificate of citizenship or a
(a) As to who are citizens please see notes under the said
heading. A person who is a citizen may apply for grant of a
certificate of citizenship under section 6 (2) of the Act. The grant of
such a certificate does not mean that he was not a citizen before
the grant. An application for grant of a certificate in this case is
made in the application form given as item No. 1 in the forms in
the Appendix coupled with an affidavit in form S in the Appendix
of this book.
(b) As to which foreigner is entitled to apply for a

certificate of citizenship see the notes under the heading who are
citizens in section4 above; the relevant sections are sections 12 ( 1),
12 (2), 12(3), 12Aand 14B of the Act. Such persons have to apply
in the same application form as mentioned above coupled with an
affidavit in form A given in the Appendix.
(c) A foreigner who is not possessed of the qualifications to

apply for a certificate of citizenship as stated in the foregoing
paragraph but has resided in the Union for 5 years continuously
may apply for a certificate of naturalization. This is done under
section 7 of the Act. The application is to be preceded by a notice
in form R given in the Appendix and after the expiry of a year
after the notice, he will have to apply for a certificate of
naturalization in the application form mentioned in item 3 of the
forms in the Appendix and an affidavit in form B. Also an
application under section 13 for a certificate of naturalization by a
person who has served in the armed forces of the Union has to be
made similarly though no notice of intention is necessary.
As for the fees prescribed for these please see the Union
Citizenship Regulations. In case of paragraphs (b) and (c) abcve the
THE U N IO N C IT IZ E N S H IP AC T
application has to be made to the District Magistrate of the District

where the person resides. For cases referred to in paragraph (a)
above, this Act or the Regulations do not specifically say that the
application must be made to the District Magistrate. On the other
hand Regulation No. 3A says that the application should be made to
the Minister. But sometimes i t , is desirable to apply to the District
Magistrate ■in such cases as the Minister may have to redireot the
prceedings to the District Magistrate ■ for enquiry.
• S
5. The following persons, born after the commencement

of the Constitution, shall be citizens of the Union, upmely:—
(a) a child born in the Union one of whose parents is a
citizen;
Provided, that if the father is a citizen of a foreign
country, such child shall cease to Be a citizen on the expiry of
a year after he attains majority unless within that time, he
make3 a declaration of alienge in respect of any citizenship
other than that of the Union and elects to retain the citizenship
of the Union.
(b) a child born outside the Union of a father who is

a citizen;
Provided that the child’s birth was registered in the
manner and within the time prescribed under this Act at the
appropriate Consulate of the Union; and
(c) a child born outside the Union of a parent who,

being a citizen, was at the time of child’s birth in the service
of the Union;
Provided that if the other parent was an alien and if
the child within one year after attaining majority fails to
make a declaration of alienage of any foreign national status
to which he may be entitled and electing to retain Union
citizenship, he shall, on the expiry of that year, cease to be a
Explanation I — Birth on board a ship or aircraft registered

in the Union, wherever the ship or aricraft was at the time
of the birth shall be deemed to be birth in the Union.
1.12 T H E U N IO N C IT IZ E N S H IP AC T
Explanation I I — Birth on board a ship or aircraft registered

elsewhere than in the Union shall not be deemed to be birth in
the Union not withstanding that the ship or aircraft was in
the Union at time of the birth.
Explanation I I I — Any child born out of a wedlock who is

legitimated by reason of the subsequent marriage of the parents
shall, for the purpose of this section, have all the rights of a
child born in lawful wedlock.
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Persons described as citizens under this section are natural

born citizens or they may be called persons who are recognised
citizens by virtue of their birth under the circumstances mentioned
in the section.
It must be noted that as stated in the opening sentence this

section refers only to children born after the commencement ot
the Constitution, that is, on or b efore 4th Tanuary 1948. It rinps nn
refer to a child-born before the commencement of the Constitution
The section is divided into three sub-sections:—
Sub-section (a):-
Under sub-section (a), the following conditions are necessary:-

( i) the child must be born after the commencement of the-
constitution,
(ii) he must be born in the Union, and

(iii) one of his parents must be a citizen.
If three conditions are satisfied he is a citizen of the Union. But

under the proviso two circumstances may arise, namely, (i) if the
father of the child is a foreigner and his mother only is a citizen,
then, he will continue to be a citizen up to the age of majority
(i.e . age of 18 years) and for a year thereafter. If he desires to
continue to remain as a citizen he must during the period of that year
make a declaration of alienage in respect of any foreign nationality
to which he may be entitled and that he elects to retain the
citizenship of the Union. On making such a declaration he will
continue to be a citizen, otherwise he will cease to be a citizen on
his attaining the age of 19 years; (ii) if his father is a citizen and
his mother is a foreigner, 'he will continue to be a citizen even
134 T H E U N IO N C IT IZ E N S H IP AC T
after attaining the age of majority or age of 19 years and he is not

required to make any further declaration.
A child who is a citizen under section 5 (a) of the Act cannot

be deprived of his citizenship under sections 18 and 19 of the
Act.
Section 9 (1) and (2) applies also to a child born before the
commencement of the Constitution.
It will be noted that a child born before the commencement

of the Constitution, whose name is entered in the certificate of
citizenship or naturalization continues to be a citizen of the Union
without any further act of volition on his or her part. But if the
child is born after the commencement of the Constitution under the
circumstances mentioned in this section and if his father is not a
citizen of the Union, he loses his right of citizenship on attaining
the age of majority unless he has made a declaration of his
intention to continue to be a citizen.
It should also follow from this section, though not expressly

stated, that in case both the parents are citizens of the Union, their
children born in the Union after the commencement of the
Constitution will automatically be citizens of the Union. See also
section 11 (4) of this Act in this connection.
Sub-section ( b l
under sub-section (b), the following conditions are necessary:-

( i ) the child must be born before the commencement of
the Constitution,
(ii) he must be born outside the Union,
(iii) his father must be a citizen of the Union, and
(iv) his birth must be registered as provided in regulation
6 given hereinafter at the appropriate Consulate of the
Union.
In this case the father must be a citizen. Such a child will not
be required to do anything further on attaining the age of majority
and will continue to be a citizen on attaining majority. Such a child
is also a natural born child and the provisions of sections 18 and 19
of the Act regarding revocation of citizenship do not apply to him.
He is a natural born citizen or a recognised citizen.
T H E U N IO N C IT IZ E N S H IP ACT 135
Sub-section (c):-
Under sub-section (c), the following conditions are necessary
(i) the child must be born after the commencement of the

Constitution,
(ii) he must be born outside the Union,
(iii) one of his parents, that is either the father or the mother
must be a citizen, and
(iv) the said parent ( who is a citizen) was at the time of the
child’s birth in the service of the Union.
Under this sub-section if both the parents are citizens and

one of them is at the time of the child's birth in the service of the
Union, the child continues to be a citizen without any further act of
volition on his part. But if the parent who was not in the service of
the Union was an alien or a foreigner and if the child desires to
continue to be a citizen after attaining the age of majority, he is
required to make a declaration of alienage of any foreign national
status to which he may be entitled and electing to retain the
citizenship and if he fails to do so he shall cease to be a citizen on
the expiry of that year.
A child who is a citizen under this clause is also a natural

born citizen or a recognised citizen and the provisions of sections 18
and 19 for revocation of citizenship do not apply to him.
The above comments have to be read together with the three
explanations given in the section.
Also it will be noticed that the law is not clear in the

following case. If the father of the child is a foreigner and the
mother is a citizen, as she belongs to one of the indigenous races,
their children will be citizens under section 11 (ii) of the
Constitution. Can section 5 (a) of this Act deprive the children of
their citizenship which is conferred by the Constitution. Will the
provisions of section 5(a) relating to such children be ultra vires
of the Constitution. If so, then section 5 (a) will only relate to cases
where the mother is a citizen, but she does notj belong to one of
the indigenous races of the Union or one of whose parents does
not belong one of the indigenous of races the Union.
6. (1) The Minister may in his discretion, grant a

certificate of citizenship to any person about whose status as
a citizen of the Union a doubt exists or to the representative
in interest of such person, and he shall specify on the certifi
cate that the grant thereof is made for the purpose of clearing
such doubt.
13 6 THE U N IO N C IT IZ E N S H IP A C T
(2) The Minister may issue a certificate of citizenship

to any person who is or who is recognised or deemed to be a
citizen of the Union under sections 4 (2), 5, 9 (2) or 11 (4) of
this Act or under section 11 (ii) or (iii) of the Constitution, and
he shall specify on the certificate that the grant thereof is
made under section 6 (2) of this Act.
When a minor child who is granted a certificate of

citizenship is under obligation to make a declaration, within
one year after attaining majority, renouncing either the citizen
ship of the Union or any foreign national status to which be
is otherwise entitled, the fact that he is required so to do
or that he has done so shall be recorded on the certificate.
(3) Such certificate issued under either sub-section (1)

or sub-section (2 ) shall be conclusive evidence as to existence
of such citizenship and the person in respect of whom it is
granted, shall as from a date for that purpose to be specified
in the certificate, be deemed to have been a citizen of the
Union; provided that, the certificate, shall not be regarded as
an admission that he was not, previous to the date so specified,
such a citizen.
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T H E U N IO N C IT IZ E N S H IP AC T 1 37
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Sub-sections (2) and (3).above, were inserted by Act XVI of

1957.
Persons who are already citizens of the Union may require to
arm themselves with a certificate of citizenship to avoid any
controversy as to their status. They may apply for and obtain a
certificate of citizenship under this section.
Sub-section (1) refers to any case where there is doubt as to

the status of a person. To remove the doubt he may apply for and
obtain a certificate of citizenship.
Sub-section (2) refers to cases of natural born or recognised

citizens. It will be noticed from the notes under Section 4 of the Act
that those qualifying under "the following provisions of law are
natural born or recognised citizens
( i) Section 11 (i) (ii) and (iii) of the Constitution. t

(ii) Sections 4 (2), 5 (a) (b) (c), 9 (2) and 11 (4) of the Act.
Such persons are citizens because of their birth and/or

because they have also complied with some other requirement.
Such persons may apply for and obtain a certificate of citizenship,
under Section 6 (2) of the Act.
Under regulation 3A of the Union Citizenship Regulations 1949

a person who is qualified to apply for a certificate of citizenship
under section 6 (2) of the Act may apply to the Minister supported
by an affidavit in Form S. The application accompanying the
affidavit will be similar to an application for issue of a certificate of
citizenship given in item 1 of the forms in Appendix of this
book. The fees are as prescribed in regulation 10A(l)(a).
7. (1) The Minister may grant a certificate of naturaliza

tion to an alien who makes an application setting out and
satisfies the Minister—
138 T H E U N IO N C IT IZ E N S H IP A C T
(a) that he has completed the age of eighteen years ;

(h) that for not less than five years before the appli
cation he had resided continuously in the Union
and subject to its jurisdiction;
(c) that he is of good character and can speak any
indigenous language; and
(d) that he intends if a certificate is granted, either
to reside in the Union or to enter or continue
in the service of the Union or any constituent Slate
thereof or in an undertaking of a religious, charit
able or commercial character established in the Union.
Provided that he has, within a period not less than

one year and not more than five years before making the
application, given notice in writing of his intention to apply
for naturalization in the form prescribed by Rules under this
Act.
Explanation I: In computing the period of five years,

continuous residence for the purposes of this section, allowance
for absence out of the Union, if in the service of the Union
may be made for the period actually spent outside the Union.
In all other cases, the allowance for absence shall be permissible
only for a total period of six months.
Explanation I I : — Service of the Union as seamen on vessels

registered in the Union shall, for the purpose of this section,
be deemed to be residence in the Union.
(2) The applicant for a certificate of naturalization

who qualifies for the certificate shall reside continuously within
the Union from the date of the application to the date of the
grant.
Provided that the Minister may for reasons considered

by him sufficient, dispense with the provisions of the sub
section.
(3) The grant of a certificate of naturalization shall

be in the discretion of the Minister and he may, with or
without assigning any reason, grant or refuse to grant the
T H E U N IO N C IT IZ E N S H IP A C T 139
certificate, as in his opinion is conducive to the public good,

and no appeal shall lie against his decision.
(4) A Certificate of naturalization shall not take

effect until the applicant has made a declaration, either on
oath or affirmation, renouncing his status as a citizen of any
foreign country and owing allegiance to the Union.
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14 0 THE U N IO N C IT IZ E N S H IP A C T
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§<5 §go$*^(%J:c^c§cS?o|§8:y §§cgcB§6aDîi
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OD£§ 0303£ S y § § 60C»
The words "a n d owing allegiance to the Union” in section

7 (4) were inserted by Act XXIII of 1954.
A foreigner who is not qualified to apply for and obtain a

certificate of citizenship may apply for a certificate of naturalization.
But to apply for a certificate of naturalization he must have resided
in the Union for 5 years continuously. The section does not say
specifically that the foreigner must have resided within the Union
for 5 years immediately before the filing of the application. The
expression used in clause (b) of Section 7 (1) above only requires
the foreigner to have resided in the Union for 5 years before
the filing of the application. The absence of the word 'immediately'
in the said clause is significant. It will be noticed that the word
' immediately ’ occurs in Section 11 (2) of the Act which enables
the wife of a citizen to appy for and obtain a certificate of
citizenship.
To apply for a certificate of naturalization the following

qualifications are necessary:- ,
(a) the applicant must have completed the age of 18 years.

(b) he should have resided within the Union continuously
for 5 years.
(c) he should bear a good character.
(d) he should be able to Speak one of the indigenous
languages of the Union.
(e) he should intend to reside within the Union for any one
of the purposes mentioned in Section 7(l)(d ).
It does not matter where he was born or to what race he

belongs, if he has the above qualifications he may apply for a
It was held in the Judicial Minister Vs. Ah Tun9 as follows:—
"It might be said generally that a person who has not

attained the age of majority is not competent to act and this
principle has been embodied in section 11 of the Contract Act.
The election by an applicant to become a citizen of the Union
would in effect operate to divest him of his foreign nationality,
and if he is still a minor it could be said that he would be unable
to appreciate fully the implication which could or might arise, if
he were to be permitted to renounce his foreign national status."
Six months exemption out of the Union is granted out of the

period of 5 years prescribed. But once the application for
naturalization has been made no further' absence from the Union
is allowed, except with the leave of the Government.
As it is prescribed that at the time the application for

naturalization is made, the applicant must have resided within the
Union for 5 years before the filing of the application ( only 6 months
absence being allowed), care should be taken not to go out of
the country by which one will increase his period of absence to
more than 6 months out of the prescribed period of 5 years.
The provision regarding the undertaking not to leave the

Union until the naturalization certificate is obtained may be
regarded as rather severe as the disposal of the application may
take a long time. To permit the applicant to leave the country for
genuine and urgent matters, section 7 (2) requires permission of
the Government. Section 7 (3) gives the Government absolute right
or discretion to grant or refuse a' naturalization certificate. No.
person has a vested right to obtain naturalization. It is not necessary
that the Minister should assign any reason for refusal, but he may
review his own orders.
By merely applying for the issue of naturalization certificate

or even by an order directing the applicant to deposit or pay the
necessary fee a foreigner does not become a citizen. It'is only
.• , *; i4 i. ■
■
■ ... .
9. 1951 L. R. 121 H. C.
when the certificate is issued to the applicant and he has made a

declaration renouncing his status as a citizen of any foreign
country and owing allegiance to the Union that the applicant
becomes a citizen of the Union as stated in sub-section (4).
As to the difference between a certificate of citizenship and

a certificate of naturalization see notes under section 4 .
The application for naturalization must be preceded by a

notice of intention to apply for naturalization referred to in the
proviso to section 7(1). The notice has to be given in duplicate in
form R prescribed by regulation 3 of the Union Cittzenship
Regulations 1949.
The proviso to section 7(1) also makes it incumbent that the

notice shall be given at least one year before the actual application
for naturalization. There is no provision in the Act by which this
notice can be waived; though in a case covered by section 11
where the person applying for a certificate of naturalization has
honourably served in the Armed Forces the notice is not required.
An application for naturalization is made in the form given as

item 3 in the forms in the Appendix of this book. The application
must be supported by an affidavit in form B prescribed by
regulation 9.
The fees are prescribed by regulations 10(1) (d), 10 (3) (b)

and 10A (l)(g), 10A (3) (b)
8. Any person acquiring a Burma Naturalization Certifi

cate issued under section 5 of the Burma Naturalization Act
and whose name is included therein shall be of good character
mid unless such person is under a disability, he may apply
for a Burma Naturalization Certificate, if he declares before the
first day of April 1955 or within a period of one year after
attaining majority, that he would renounce his citizenship of
a foreign country and that he owes allegiance to the Union
and that he elects citizenship of the Union: Provided that
the provisions of this section shall not apply to any person,
who before the promulgation of the Union Citizenship
(Amendment) Act, 1954, acquires the certificate under the
original section 8 , but shall apply to the children of such person.
oi i@£«D§j£coos(yft03cSgoco (The Burma Naturalization Act)

«jS« 3 33t|i o^cBco.'^codo §£«a@(£c0 os|yftcoc£ycSc)Oj$§ c§coc£^c6§03«^
oloSajcofSi 93(Tj|§oo^g5cooo8joij§S^ 03ci^33§6:^#&#aj«0jc8cg)8i 0 5 3 3
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aoorgS# ( § 8 s o 8 q c 8 ) 33c6goG 0ajcS §^ Gnqj£oo§S:u§§i ^coc^Sy 0 OJCJ
coc8 ^cSc)03f § aooSs^8§8s«^G®cj ^ s p Q g 8 d ^ a j(^ c o o :t§ :^ jo :^ a 3 c 8 3 ^ S c i« ^ i
It was held in Saw Chain Poon Vs. The Union of Burma '0that
a Chinese who was naturalized under the Burma Naturalization
Act and obtained a certificate under section 7(1) of the Burma
Naturalization Act, was deemed to be a British subject and was
entitled to all the rights, privileges and capacities of a British
subject born within British Burma. The Burma Naturalization Act
was repealed by the Union of Burma (Adaptation of Laws) Order
1948. A person naturalized under the Burma Naturalization Act did
not come within clauses (i), (ii) and (iii) of section 11 of the
Constitution, Under Section 11 (iv) of the Constitution and section 3
of the Union Citizenship (Election) Act, 1948, a person in order to
be entitled to apply for a certificate of citizenship must be a person
"b o rn in any of the territories which at the time of his birth was
included within His Britannic Majesty's Dominions As the applicant
did not satisfy this test, he was not entitled to apply for the
citizenship of the Union of Burma, even though he was naturalized
under the Burma Naturalization Act. Section 11 (iv) of the Constitution
of Burma and section 3 of the Union Citizenship ( Election) Act have
abrogated the rights acquired by the applicant under the Burma
Naturalization Act.
Subsequent to this decision section 8 of this Act was amended

,by Act XXIII of 1954 as existing above.
,144 THE U N IO N C IT IZ E N S H IP ACT
9. (1) The Minister may, in granting a certificate of

naturalization or a certificate of, citizenship to an alien, include
in the certificate the names of any or all the minor children
of the applicant who were ’ born before the date of the
certificate and are not already citizens of the Union if they
are (a) either in his sole legal custody or (b) in the legal
custody of any person who is a citizen of the Union.
(2) The minor children whose names are so included

in the certificate shall be deemed to have become citizens of
the Union as from the date of the certificate provided however
that any child so included may, within one year ojf attaining
his tnajority, make a declaration of alienage and he shall
thereupon cease to be a citizen of the Union.
(3) A minor child who becomes a citizen under this

section may, after attaining his majority, have his citizenship
revoked by the Minister on any ground for revocation
applicable to a person to whom a certificate of naturalization
or a certificate of citizenship has been granted.
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THE U N IO N C IT IZ E N S H IP A C T 1 45
This section makes provision for the insertion in the

certificate of naturalization or citizenship, of the names of minor
children of the applicant born before the date of the certificate. It
does not matter whether the child was born before or after the
commencement of the Constitution so long as he was born before
the issue of the certificate he will be a citizen if his name is
entered in the certificate. The section is silent as to where the child
must be born. There is no provision in the Act for insertion of
names of minor children born after the issue of the certificate and
no form is prescribed for such an application under this section.
Usually an application supported by an affidavit and birth certificate I
is made to the Minister who may enter the names of the minor children I
born of any holder of a certificate of naturalization or citizenship.
The minors whose names appear in the certificate are

automatically citizens of the Union."
It is noticed that in the following illustration, the law is not

cle ar:—
W, a wife of H ( a foreigner), applies for and obtains

citizenship certificate and in the certificate are entered the names
of her minor children born after the commencement of the
Constitution. According to this section the children remain citizens
on attaining the age of majority unless otherwise revoked by the
children. But according to sub-section (a) of Section 5, they lose
their status of citizenship, if they do not declare to continue to
be citizens.
A minor child whose name has been entered in the

certificate of citizenship of his parent under this section may have
his citizenship revoked under sections 18 and 19 of the Act, as
stated in sub-section (3) above. This is because the parent to whom
a certificate of citizenship or naturalization has been issued, is also
liable to have his citizenship revoked under seciions 18 and 19.
Persons who are citizens under this section cannot therefore be
classified in the category of natural born or recognized citizens.
It will be noticed that section 9(1) refer to an alien and not

to a citizen, and therefore section 9 (2) also refers to children of a
person who was a foreigner before he became a citizen.
11. The Judicial Minister Vs Ah Tun 1951 B. L. R. 121 H. C.

10. Subject to the provisions of the Act a married

woman shall be capable of acquiring or divesting herself of
citizenship of the Union in all respects as if she were feme
sole; and no woman shall acquire or lose such citizenship by
marriage;
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This is to allow women to retain their nationality.
11. (1) Any woman, who is married to a citizen of the

Union may, after continuous residence in the Union for at
least one year, apply to the Minister for a certificate of
citizenship.
(2 ) The Minister, if satisfied that the applicant not

being under a disability and not being so bad in character as
to prejudice the public interest, has married a citizen of the
Union and has been resident in the Union for a period of
not less than one year immediately preceding the date of her
application, may, on the applicant giving an undertaking to
renounce her foreign national status, grant to the applicant a
certificate of citizenship.
/
(3) A certificate of citizenship shall not take effect
until the applicant has made a declaration, either on oath or
affirmation, renouncing her status as a citizen of any foreign
country and owing allegiance to the Union.
(4) On the joint application of a person admitted to

citizenship under sub-section (2) and her husband, the Minister
shall for the purpose of recognizing as a citizen include in the
certificate granted to the mother any minor child not already
a citizen and born before the date of grant of citizenship for
the mother. The provisions of section 9 shall apply to such child.
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This is to make it easy for foreigner wives of citizens to apply

for citizenship. A foreigner wife who has never been to Burma
may come to Burma by obtaining an entry visa as a dependent
on her husband and when she has resided in the Union for a year
she can apply for citizenship under this Act. It does not matter
that she was born outside the Union or that she is a citizen of a
foreign country and has never been to Burma before. The foreigner
wife should not. apply for a certificate of naturalization as this
section provides the simplest manner of applying. If she were to
apply for a certificate of naturalication she will have to reside in
the Union for at least 5 years. It may be mentioned here that if a
woman citizen marries a foreigner the foreigner husband cannot
under this section apply for a certificate of citizenship after
residing in Burma for a period of one year. That is the converse
of the provisions of sub-section ( 1) is not permitted.
Sub-section (2) requires that the applicant must have resided

in the Union for at least one year immediately preceding the date
of her application. Two broken periods of residence aggregating
one year is not sufficient to qualify under this section.
Sub-section (4) makes the provisions of section 9 (3) of the

Act applicable to the minor children whose names are included in
the certificate granted to the wife. It 'refers to a child born
before the grant of the citizenship certificate. It is submitted that a
child born after issue of the certificate will also be a citizen.
An application for a certificate under this section is to be

made in the application form given in item 1 of the forms in the
Appendix of this book and a supporting affidavit in form A. Usually
photostat copy of the certificate of citizenship of the husband of the
applicant is attached to the application.
12, (I) A child born outside the Union, one of whose

parents is a citizen, shall, if the child is not otherwise a
citizen, be entitled if still a minor and in the custody of the
parent, to the grant of a certificate of citizenship on the
application of the parent on the parent resuming his or her
domicile in the Union.
Provided that if the child within one year after

attaining majority fails to make a declaration renouncing any
foreign national status to which he may be entitled and
electing to retain Union citizenship, he shall cease on the
expiry of that year to be a citizen of the Union. I f the parent
of the child dies before the application, the guardian of the
child may make an application on behalf of the child under
this sub-section.
(2) I f the child contemplated by sub-section (1) is a

major, the Minister may grant him a certificate of citizenship
provided that the Minister is satisfied (a) that he is of good
character and (b) that he intends either to reside permanently
in the Union or to enter or continue in the service of the
Union or of the constituent States thereof or of any religious,
charitable or commercial organisation established in the Union.
(3) I f a child born in the Union and born of the

parents both of whom are not citizens of the Union permanent
ly residing in the Union within jurisdiction thereof is of good
character and is not under any disability, he may apply for a

certificate of citizenship before the first day of April 1955 or
within one year after attaining majority, provided that he is
then permanently resident in the Union. “ (
Explanation:— Although both the parents or either of them

have acquired the certificate of citizenship or the certificate
of naturalization at the time the application is to be made it
shall be deemed that he may apply for the certificate of
citizenship.
(4) A certificate of citizenship, granted under sub

section (2) or sub-section (3), shall not be valid until the
applicant either on oath or affirmation makes a declaration
of alienage in respect of any other citizenship and of allegiance
to the Union.
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Sub-section (1):—
This sub-section refers to the following circumstances:—
( i ) the child must be born outside the Union.

(ii) one of his parents (father or mother) must be a citizen
of the Union.
(iii) the child must still be a minor and not yet a citizen of
the Union.
(iv) the child must be in custody of the parent who is a
citizen.
(v) the said parent must have resumed his or her domicile
in the Union.
Where a person has acquired citizenship rights, and he

desires his minor child born outside the Union to become a
citizen he may resort to section 12(1) of the Act. For example, in
case of a child born after the 4th January 1948 outside the Union,
if the birth was not registered with the Embassy of the Union of
Burma, an application for the child may still be made under
sub-section ( 1) at any time before he attains majority.
But the proviso to this sub-section requires the child to make

the necessary declaration on attaining the age of majority failing
which he will cease to be a citizen on attaining the age of 19 years.
This sub-section also permits the guardian of the child to apply for
citizenship for the child if the said ( citizen) parent dies before
making such an application. But in such case the said parent must
have resumed his or her domicile in the Union before death.
Sub-section (2):—
This sub-section refers to the same circumstances as in

sub-section ( 1 ) above, except that
( i) the child is a major.

(ii) that the Minister is satisfied as to the child's good
character and his intention to reside in the Union as
stated therein.
Thus under this sub-section a major child of a citizen, who

was born outside the Union may apply for a certificate of
citizenship at any time.
Though the section does not say so specifically, it should
also follow that a major child of a citizen, which child is born in
the Union may also apply for citizenship at any time. If such a
major child born outside the Union can apply for a certificate of
citizenship, the major child born within the Union is all the more
qualified for it.
No time limit is prescribed in sub-sections (1) and (2) except
that the application under ub-section ( 1 ) must be made when the
child is still a minor. But under sub-section (3) of section 12 there is a
limitation as to time.
Sub-section (3 ):—
Under sub-section (3) the first day of April 1955 was the last date
fonmaking the application for those who had already attained the age
of 18 years on that date. Foreigners who w ere born in the Union
and whose parents are permanently residing in the Union may
apply under this sub-section within one year of their attaining the
age of 18 years.
It will be noticed that though m ere birth in the Union does
not confer citizenship on a foreigner, this sub-section gives him
a right to apply for citizenship within a year of his attaining the
age of majority. The only limitations are:-
( i ) both his parents being permanently resident in the Union
or having died while permanently resident therein.
(ii) that he bears a good moral character and.
(iii) is not under a disability.
152 T H E U N IO N C IT IZ E N S H IP 'A C T
One Hashim Ahmed W ahid '2 applied for grant of -a certificate

of citizenship under section 12 (3) of the Act. In support of the plea
that his parents were permanently resident in Burma, he asserted
in his application and affidavit that his father .had lived in Burma
from 1890 to 1942, when he evacuated to India due to circumstances
arising out of the war; that when in 1946 his father was Arranging
to return to Burma he died in India, and that: his mother was still
residing in Burma. The Secretary to the Ministry of Immigration and
National Registration refused to grant him a certificate of citizenship
on the ground that as his father died in India his father was not
permanently resident in Burma. On a writ for certiorari the Supreme
Court held that he was entitled to a p p ly . fof a certificate, o^
citizenship. The mere fact that his father died in India was not
sufficient to,prove that his father was not permanently resident in
Burma. If a foreigner who is’ permanently resident-in the TUnion,
happens to go abroad on a temporary visit or if hfe had to evacuate
out of Burma due to circumstances. arising out of war but while
having the. intention to return io Burma he does not cease to be
permanently resident in Burma. -U x- ' - - ^
12 A. (1) I f one of the parents of. the chijd born in the

territories included within the Union before the commence
ment of the Constitution is a citizen of the Union under clause
(ii) of Section 11 of the Constitution, or if one of such parents
is living at the commencement of the Constitution and is
entitled to apply for the citizenship of the Union under clause
(ii) or clause (iii) of Section 11 of the Constitution and is not
under any disability, he may apply for a certificate of citizen
ship before first day of April 1955 or within one year after
attaining majority, but shall be permanently resident in the
Union. ■
(2) ■Unless and until the applicant .'declares on

or affirmation, that he renounces the citizenship of any foreign
country and that he owes allegiance to the Union, the
certificate of citizenship granted under sub-section (1 ) shall aiot
take effect. *: '
12. Hashim Ahm ed Wahid Vs. The Secretary Ministry of Immigration and
National Registration: 1958 B. L. R. 198 S. C.
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Under this section the following conditions are required:—
( i ) the child must be born in the Union.

(ii) one of his parents (father or mother) must be a citizen
of the Union under section 11 (ii) of the Constitution, or
is entitled to apply for cittzenship of the Union under
section 11 (ii) or (iii) of the Constitution.
(iii) the child is not under a disability.
(iv) he must be permanently resident in the Union.
This Act was inserted by Act XXIII of 1954 and for those
who had already attained the age of majority, an application under
this section had to be made before 1st April 1955 whereas minors
were required to file the application within a year of their attaining
the age of majority.
12B. The certificate of naturalization or the certificate

of citizenship granted before the promulgatiou of the Union
Citizenship (Amendment) Act, 1954, shall not be deemed to
be null and void for not bearing the declaration that he
owes allegiance to the Union.
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154 T H E U N IO N C IT IZ E N S H IP AC T
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Sections 12A and 12B w ere inserted by Act XXIII of 1954.

Previous to the amendment there was no time limit for an application
under section 12(3). The amendment of section 12 (3) enjoined those
who were already above the age of 18 years to apply for citizen
ship before first April 1955. Similarly sections 12A and 12B
which w ere inserted by the amendment limited the time to first
April 1955 or within one year after attaining majority, after the
expiry of which period the application will have to be made under
Some other relevent provisions.
13. A person who has served honourably at any tim e in

the Armed Forces o f the Union for a period aggregating three
years m ay be naturalized if the p etition for naturalization is
filed while he is still in th e service or w ithin six m onths after
the term ination o f such service, upon full com pliance with all
the requirem ents o f this A ct, w ith th e follow ing excep tions—
( i ) no notice o f intention shall be required; and

(ii) no residence within the U nion shall be required.
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This section provides a simpler procedure for those serving
in the arm ed forces of the Union, to apply for and acquire
naturalization rights.
Sections 7, 8 and 13 of the Act are the only provisions in

this Act whereby an application for the grant of a certificate of
naturalization can b e made. As to the difference betw een a certifi
cate of naturalization and a certificate of citizenship please see
the U n io n c it iz e n s h ip act 15 5
notes under section 4 of the Act. Section 8 of the Act was

specifically inserted by an amendment to include cases of persons
who had been granted a certificate of naturalization under the
Burma Naturalization Act 1926 which ceased to operate on the
commencement of the Constitution. But the last date for an
application under it was fixed at 1st April 1955.
So the only provisions now left for fresh application for a

certificate of naturalization are sections 7 and 13 of the Act.
Section 7 is the main provision. Section 13 is meant for those who
have honourably served in the armed forces of the Union. For
further details please see notes under section 7 of the Act.
14. A citizen of the Union, not being under a disability,

who obtaing a certificate of naturalization in a foreign State
Or by any voluntary or formal act other than marriage
becomes naturalized in any other foreign State, shall forthwith
be deemed to have ceased to be a citizen of the Union.
Provided that the loss of citizenship by the parent

or parents under this section shall not, ipso facto deprive the
children, who, prior to that loss, were citizens, of their status
as such.
»-
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Sections 14, 14A, 15, 16 and 17 refer to cases when a person

may renounce or'lose hi's citizenship. Sections 18 and 19 refer to
cases where his certificate may be revoked or cancelled. .
It will be noticed from this Act that it does, encourage dual

citizenship. Under section 14 if a person has acquired citizenship
of any foreign state he ceases to be a citizen of the Union.- Under
this Act there are several instances where,a person may cease to
be a citizen of the Union.
When may a person cease to be a citizen of the Union ?
Section 4 of this Act says that a person who is a citizen under

this Act will continue to be so unless he loses that status under
the provisions of this Act. In short the following are the
provisions of the Act by which a person may lose his citizenship
status:- ,
(1 ) If the child contemplate in provisoes to sections 5 (a),

5 (b) and 1 2 ( 1 ) fails to make a declaration of alienage
in respect of any foreign national status to which he
may be entitled and electing to retain citizenship of
the Union.
(2 ) If the child contemplated in section 9 (2) makes a
declaration of alienage within a year on attaining the
age of majority.
(3 ) Under sections 14 and 14A when he becomes a citizen
of another country.
(4 ) Under section 15 if the citizen leaves the country and
renounces his citizenship.
(5 ) Under sections 16 and 17 of the Act by remaining or
becoming a British subject,
(6) W hen his certificate of citizenship or naturalization is
revoked under sections 18, 19 and 21A of the Act.
For details please see the notes at page 127 of this book.
14A. (1) U nless any person who is a citizen o f the

Union and who also acquires th e citizenship o f a foreign
country by operation o f any law th ereo f subm its a report to
the M inister th at he has renounced his foreign citizenship in
accordance w ith th e law o f such foreign country,
(a) before th e first day o f April 1955, or

(b) w ithin one year after attaining m ajority, or
(c) w ithin one year from the date o f enactm ent o f th at
law b y such foreign governm ent,
whichever period is longest for him he shall be deemed

to cease to be a citizen o f the Union at the end o f such period;
Provided that if the Minister is of opinion that such

person is for sufficient reason, unable to submit the report
in time to the Minister, the Minister may grant him
reasonable extension of time.
(2) Unless any person recognized as a citizen of the

Union under clause (i), (ii) or (iii) of section 11 of the
Constitution or under section 4(2) or 5(b) of this Act, has
registeied as a foreigner in a Foreign Embassy or obtained a
passport as a foreigner from a Foreign Government concerned,
the provisions of sub-section (1) shall not apply to him.
(3) Any person referred to in sub-section (2) not being

under any disability and having after the first day of April
1955, registered as a foreigner in a Foreign Embassy or obtained
a passport as a foreigner from a Foreign Government concerned
shall be deemed to cease to be a citizen of the Uuiou
forthwith.
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For those who had already attained the age of majority and
who had acquired citizenship of any foreign country this section
afforded an opportunity to make a declaration renouncing his
foreign national status. This section required such a person to
make the declaration before 1st April 1955. If he has not made such
a declaration he will not be citizen of the Union, because as stated
in section 14 he would have ceased to be a citizen of the Union,
This provision was inserted to avoid dual citizenship.
A person who is a citizen of the Union under section 11 (i)

(ii) (iii) of the Constitution and section 4 (2) or 5 (b) of the Union
Citizenship Act. does not lose that status by merely taking out a
foreigners registration certificate. It is only when he has registered
himself as a foreigner in a Foreign Embassy or obtained a passport
as a foreigner from a foreign Government concerned that he
ceases to be a citizen of the Union. See notes under section 4 of
this Act in this connection.
One U Sin Koi'3 was elected to the Chamber of Deputies at the

general elections from Tavoy north by securing a larger number
of votes than his rival U San Win. U Sin Koi was admittedly a
Sino-Burmese whose grand-father was a Chinese born in China.
His mother and grand-mother were Burmese. It was contended on
behalf of U San Win that a Sino-Burmese resident in Burma possesses
dual nationality of Burmese and Chinese citizenship and that he
was entitled to apply for the rights and privileges of Chinese
citizenship from the Chinese Government. Therefore, in view of
section 74(1) (i) of the Union Constitution, which provides that any
person who is under any acknowledgement of allegiance or
adherence to a foreign power Or is a subject or citizen or entitled
to the rights and privileges of a subject or a citizen of a foreign
power, shall be disqualified from being chosen as and for being
a member of either Chamber. It was contended that U Sin Koi
should be unseated.
13. The Burma Gazette 1953 Part I, page 478.

The Election Tribunal observed that the question involved

was of vital importance to the m em bers of the Sino-Burmese
nationals of mixed blood, as it affected their status as citizens of
the Union of Burma. It then proceeded to state the case law on the
subject of ‘nationality’ and said that nationality in the sense of
citizenship of a certain state must not be confused with 'nationality'
meaning membership of a certain nation in the sense of race. So
far as the Union of Burma is concerned, it was pointed out, the law
relating to citizenship is section 11 of the Constitution and the
Union Citizenship Act. Under section 11 (ii) every person born in
any of the territories of the Union of Burma at least one of whose
grandparents belongs or belonged to any of the indigenous races
of Burma, shall be a citizsn of the Union.
The Tribunal however recognised that this provision did not

preclude other States from legislating in any manner they deem ed
fit regarding the status of the descendants of their nationals in
foreign lands. Thus an individual may possess double nationality
knowingly, and with or without intention. Many States, the Tribunal
pointed out, w ere alive to the complications of dual nationality and
therefore have passed laws insisting on the renunciation or
divestment of one nationality or the other. Burma is one of those
States which strongly disapproves of their citizens possessing dual
nationality and section 14A of the Union Citizenship Act was
obviously designed for this purpose.
The question whether a Burmese citizen possesses dual-

nationality or not, i. e. the nationality of another state in addition to
Burmese nationality, will have to be judged primarily in accordance
with the law of Burma and not the law of any other State, the
Tribunal ruled. Section 14A of the Union Citizenship Act sets out
the position of those Burmese nationals who may have acquired
dual nationality owing to the Acts of foreign Governments. As and
when a Burmese national acquires dual nationality, the Act proceeds
to divest him of Burmese citizenship unless he takes steps as
provided to renounce the nationality of the foreign state concerned.
But so far as Burmese nationals covered by section 11 of the
Constitution and Section 4 (2) and 5 (b) of the Union Citizenship Act
are concerned, it was pointed out they are expressly excluded
except w here such individuals have registered as foreigners with
a foreign Government. In that case they lose the Burmese
citizenship.
.160 T H E U N IO N C IT IZ E N S H IP AC T
U Sin Koi, the Tribunal added, had not registered with the
Chinese embassy and had not obtained any passport from that
quarter. He could not, therefore be said to have acquired dual
nationality. So far as the law in force in the Union was concerned,
he would appear to be entitled to the rights and privileges of a
Chinese national only when he obtained a passport from the Chinese
Government or registered himself as a Chinese national with the
Chinese embassy. The moment he obtained such rights he would
be divested of his Burmese citizenship and will cease to be a
member of Parliament. At present the question did not arise and
U Sin Koi was a Burmese citizen.
One Mohamed Rahu A m in" was granted visa and he entered

the Union of Burma holding a Pakistaai passport issued in 1955. As
he exceeded the period restricted for his stay in the Union ofBurma,
he was prosecuted and convicted under secti3n 13(1) of the Burma
Immigration ( Emergency Provisions) Act and was ordered to leave
the country under section 7(1) of the said Act. He contended that
his maternal grandmother Daw May belonged to the indigenous
Burmese race and he was therefore a citizen of the Union under
section 11 (ii) of the Constitution and that the provisions of section
7 (1) of the Burma Immigration (Emergency Provisions) Act did not
therefore apply to him. Relying on sub-sections (1) and (3) oi section
14A of the Union Citizenship Act, the Supreme Court dismissed his
application for a writ holding that even if the facts stated by the
applicant were true, he had ceased to be a citizen of the Union
on his own showing because he failed to renounce his foreign
(Pakistani) citizenship on or before 1st April 1955 and because he
had obtained a Pakistani passport after the 1st day of April 1955.
One Maung Ko Gyi '5was the son of Kashmir Singh an Indian

national, but his mother Daw Mya Sein’s parents were U Paw Wa
and Daw Aye Khin both Burmese. His father Kashmir Singh was
in possession of a foreigners registration certificate. While
Mg Ko Gyi was still a minor he was taken to India by his father and
was brought back to Burma during his minority and at that time
his name was entered in the Indian passport of his father. The trial
Court erroneously held that as Mg Ko Gyi was competent to apply
for Indian citizenship having entered Burma with his father's
passport and he having not declared that he had renounced Indian
14. Mohamed Rahu Amin. Vs. The Union ot Burma: 1957 B. L. R. 25 S. C.

15. Criminal Revision No, 72-B of 1959 of the High Court sitting at Mandalay.
citizenship, he must be held to be an Indian citizen. The High Court

held that it was quite clear that Mg Ko Gyi was a citizen of the
Union of Burma under section 11 (ii) of the Constitution and that there
was no evidence to the contrary to show that he had given up his
Burmese citizenship. He was therefore directed to be acquitted.
...... )
14B. If any person who has ceased to be a citizen of
the U nion under section 14 or section 14A—
(a) has th e qualifications m entioned in clause (i), (ii) or,

(iii) of section 11 of the C onstitution or section
5 (b) of this Act, and
(b) undertakes th a t he will perm anently reside again
in th e U nion, renounce foreign citizenship in
accordance w ith the law of the foreign country
concerned and owe allegiance to the Union,
the M inister m ay in his discretion perm it him to retain

th e citizenship of the Union, and his decision shall be final.
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A person who has ceased to be a citizen under section 14

or 14A of this Act may apply for and re-acquire his status of
citizenship by complying with the provisions of this section.
15. No citizen while resident in the Union or during any

war in which the Union m ay be engaged, shall be entitled to
divest him self of the citizenship of th e Union.
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CAN C IT IZ E N S H IP B E S U R R E N D E R E D , IF SO H O W ?
,: I ' ■{ ' ! : r • •' ' • ••. ■"
A citizen may divest himself of his citizenship by .acquiring-
citizenship of another country or he may make a declaration of
alienage in respect of the Union Citizenship and inform the
Government of his having surrendered his citizenship. Under
section 15 of the Act no person while resident in the Union or
during any war in which the Union may be engaged, shall be
entitled, to divest himself of the citizenship of the Union. Thus a
citizen may not surrender his citizenship so long as he is residing
in the country. He must first leave the country and then divest
himself of his citizenship. Also if the country is at war he cannot
divest himself of his citizenship. This applies to all kinds of citizens
natural born and holders of certificates of citizenship or naturaliza-
ti6 n. As to what happens when a person acquires citizenship'of a1
foreign country see notes under section 4 above under the heading:
When may a person cease to be a citizen. 1
This section and section 14A, which was inserted by Act XXIII
of 1954, are conflicting. Under section 14A (3) a citizen may cease
to be a ' citizen if while resident in the Union, he registers himself
with a foreign embassy as a citizen of a foreign country. But this
section says while resident in the Union he cannot divest himself
of his citizenship of the Union.
16. Any person who, at the commencement of the

Constitution, was by virtue thereof, a citizen and who by virtue
of subsequent election under section 2 of the Burma Independ
ence Act, 1947, is deemed to be a British subject, shall cease
to be a citizen of the Union.
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17. A n y p erso n who,, by reason o f the Constitution, is a

citizen o f th e Union and who, by reason o f the provisions of
clauses 2 and 3 of the First Schedule to the Burma Independence
A ct, 1947, also retains the status o f a British subject, m ay, if
not under disability make a declaration o f alienage and on
making th e declaration he shall cease to be a citizen of the
Union. ,
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18. W hen the Minister is satisfied that a certificate o f

naturalization or a certificate of citizenship granted by. him
had been obtained by false representation or fraud or b y 1
concealm ent of m aterial circum stances or that the person to
whom the certificate was granted' has shown hirpgelf by, act
or speech to be disaffected or disloyal to the Union, the.
M inister m a y ' after calling' upon the said, petson to , show,
cause w hy the certificate obtained f by - him should not be,
revoked and after causing an inquiry to be held in such
manner as he deems fit, pass an order revoking'the certificate,
if he considers it fit and proper to do so. 1 . ..,j -r •„
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r * r :
r, This section was substituted by Act X of 1958.
; :‘ t * ' i ' 't ’
, Under section 18 of the original Act only; :a certificate of
naturalization could be revoked; btitby the amendment in 1949 the
words ' or a certificate of citizenship ’ were inserted and Act X of

1958 reworded the entire section as existing now.
This section mentions in general the cases when a certificate

of citizenship or a certificate of naturalization may be revoked.
Under this section if the Minister is satisfied after due enquiry as
to one of the conditions mentioned below he may revoke the
c e r t i f i c a t e i
(i) where the certificate was granted on false representation

or fraud or by concealment of material circumstances, or
(ii) the certificate holder has shown by act or speech to be
disaffected cr disloyal to the Union.
Section 19 of the Act gives specific instances of cases when

the Minister may revoke a certificate of citizenship or naturalization.
As to further details as to when a certificate of citizenship or
naturalization may be revoked please see notes under section 19
of the Act.
19. W ithout prejudice to the powers under section 18

the Minister may revoke a certificate of naturalization or a
certificate of citizenship in any case in which the person to
whom the certificate was granted either—
(a) during any war in which the Union is engaged has

unlawfully traded or communicated which the enemy or with a
national of the enemy state or has been engaged in or
associated with any business which to his knowledge was
carried on in such manner as to assist an enemy in such
way; or
(b) had, within five years of the date of the grant of
the certificate, been convicted of an offence involving moral
turpitude sentenced by any Court in the Union to imprison
ment for a term not less then twelve months or fine not less
than one thousand kyat; or
(c) has since the date of grant of the certificate been
for a continuous period of not less than five years voluntarily
resident out of the Union otherwise than in the service of the
Union or of an international organization of which the Union
is a member, and while so resident outside the Union has
failed to register at the appropriate Consulate of the Union
annually after residence of one year outside the Union; or
(d) has failed to make a declaration of alienage in

respect of any other citizenship within the period prescribed; or
(e) has so bad a character as to prejudice the public
interest at the time he was granted the certificate of naturali
zation or the certificate of citizenship; or
(f) would injure the safety, public order or interest of
the Union, if the person who was granted the certificate of
naturalization or the certificate of citizenship is allowed to
retain such certificate; or
(g) has ceased to be a citizen of the Union at any
time after he has been granted a certificate of naturalization
or a ccrtificatc of citizenship;
Provided that after three years from the date of grant

of the certificate of naturalization or the certificate of citizen
ship no action shall be taken for purposes of clause (e);
Provided further that after five years from the date of

grant of the certificate of naturalization or the certificate of
citizenship, no action shall be taken for purposes of clause (f).
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S“ ”
The two provisoes were inserted by Act XXIII of 1954.
The words 1or a certificate of citizenship ’ were inserted

by Act XXXXIII of 1949 and the provisoes were inserted by Act
XXIII of 1954. As stated in the notes under section 18, section 19
mentions the specific instances when a certificate of citizenship or
a certificate of naturalization may be revoked. Section 4 of the Act
says that persons who are citizens will continue to be so until they
lose their status under the provisions of this Act. The cases where
a person may lose his citizenship status have been discussed at page
127 of this book and the last instance quoted therein refers to
cases where a certificate of citizenship or naturalization is revoked.
Sections 18 and 19 have to be read with section 21A of the Act.
W H E N CAN A C E R T IF IC A T E OF C IT IZ E N S H IP OR A C E R T IF IC A T E OF
N A T U R A L IZ A T IO N B E R E V O K E D ?
A certificate of citizenship or a certificate of naturalization

may be revoked in the following cases
( i) under section 18 of the Act.

(ii) under section 19 of the Act.
Sections 18 and 19 empower the Minister to revoke a

certificate of citizenship or a certificate of naturalization. These
sections apply only to persons who acquire citizenship by
voluntary acts on their own application or on the application of
their parent or guardian. They do not apply to persons who are
citizens under section 11 (i), (ii) and (iii) of the Constitution and
sections 4 (2) and 5 of the Citizenship Act. They apply to cases
covered by sections 7,8,9 (2), 11 (4), 12 and 14B of the Act and
also to those who have elected for and obtained citizenship under
the Union Citizenship ( Election) Act, 1948.
If a holder of a certificate of citizenship or naturalization is
convicted of an offence under section 8(1) of the Essential Services
and Supplies Act, it is submitted that he cannot be deemed to have
been convicted of an offence involving moral turpitude,
20. Deleted.
There is no right of appeal now against cancellation or
revocation of the certificate under sections 18 and 19. Section 20
which provided the right of appeal was deleted by Act X of 1958.
21. When the Minister revokes a certificate of naturaliza
tion or a certificate of citizenship, the revocation shall have
effect from such date as the Minister may appoint and
thereupon the certificate shall be given up as cancelled, and
any person refusing without reasonable cause or neglecting to
give up the certificate shall be liable to imprisonment for a
term not exceeding six months or fine.
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21 A. When the certificate of naturalization or the certifi

cate of citizenship has been revoked, the holder of the certifi
cate shall cease to be a citizen of the Union and shall be
regarded as the citizen of the country of which lie was a subject
at the time the certificate was granted to him.
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By this section the certificate holder will cease to be a citizen.
But though it says that he shall be regarded as a citizen of the
country of which he was a subject at the time the certificate was
granted to him, the person does not automatically become a citizen
of that country. For a person to re-acquire citizenship rights of his
original country, he must comply with the laws of that couniry. The
Government of the Union of Burma cannot confar citizenship rights
of other countries. The section therefore says that he will be
deemed to be a citizen of the country of which he was a subject
originally. When a certificate is revoked, the erstwhile certificate
holder becomes a Stateless subject until he acquires citizenship
rights of his original country.
Also there may be cases of persons who had not acquired
citizenship rights of any foreign country nor had they obtained
foreign passport, but had applied for and obtained a certificate of
naturalization or citizenship of the Union only. On the citizenship
rights of such persons being cancelled or revoked they will become
stateless subjects.
22. Whoever for the purposes of this Act makes any
representation or statement false in a material particular,
knowing or having reason to believe it to be false, or conceals
any material circumstance, shall be punished with imprison
ment for a term which may extend to seven years and may
also be liable to fine.
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This section provides for punishment for making false

statements or representations or for concealing material facts or
circumstances in connection with the proceedings for the issue of
certificate of citizeship or naturalization.
T H E U N IO N C IT IZ E N S H IP A C T ‘ 169
23. The President m ay make rules for carrying into

effect the object of this Act, and, in particular, w ith reference
to the following matters —
(a) the form of application for and the form and

registration of certificate of naturalization or
citizenship;
(b) th e form o f renunciation o f foreign citizenship and
the tim e within which th e renunciation is to be made
after the grant o f a certificate of naturalization or
a certificate o f citizenship and all matters relating
to the adm inistration o f oath or affirm ation; and
(c) the im position and am ount o f fees in respect of
any registration o f citizenship or in respect o f the
making of any declaration or the grant o f any
certificate of citizenship or naturalization that is to
be made or granted under this A ct and in respect
o f the adm inistration o f any oath or affirm ation.
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The Union Citizenship Regulations 1949, as amended from

time to time make provisions as to the form of the application and
as to the fees prescribed. There are 18 regulations and forms A
to T attached to the Regulations. The fees are mentioned in
regulations 9, 10 and 10A.
170 T H E U N IO N C IT IZ E N S H IP R E G U L A T IO N S
°e ?e G iS ® 0 0 0 ^ B ^ o o ^ s c a jo s g s ^ c ^ s t^ g :
g o © O ^ J O I II
T H E U N IO N C IT IZ E N S H IP R E G U L A T IO N S , 1949.
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171
THE U NIO N CITIZENSHIP REGULATIONS, 1949.
1. These regulations shall be called th e U nion Citizenship

Title. R egulations, 1949.
2. In these regulations —
Definition. “A c t” means the Union Citizenship Act,' 1948.

“D istrict M agistrate” includes “ A dditional District
M agistrate,” in the States “ the R esident,” or when
there is no R esident, “the A ssistant R esident.”
3. A person who is com petent to apply for a certificate

o f citizenship or a certificate of naturaliza-
AU<a°onVIOforh'Ca t *on or revoca,*on ° f certificate under the
ceHihcate'of dtizen3 A ct, m ay make an application to the D istrict
sh ip o r a certificate M agistrate o f the area in which he resides or
of naturalization to b e D . n , c , TT • t
made. to an appropriate Consulate ot the Union it
he resides out o f the Union at the tim e of
application.
Provided th a t a person applying for a certificate of

naturalization under sub-scction (1) of section 7 o f the A ct
shall have given prior notice in Form R to the District
M agistrate of the area in which he perm anently resides as
required b y the proviso to ih e said sub-section.
3A. A person who is qualified to apply for a certificate

of citizenship under section 6 (2) o f the A ct m ay apply to the
Minister supported by an affidavit in form S.
This regulation was inserted vide The Burma Gazette 1957.

Part 1, page 2291, dated 7-9-1957. The above is a rough translation
of the Burmese text.
4. The D istrict M agistrate or the Consulate receiving the

application shall after due inquiry tansm it the
P ro c e d u ie on
application to the Minister together w ith his or
re c e ip t of a ppii-
calion' its recom m endation.
172 THE U N IO N C IT IZ E N S H IP R E G U L A T IO N S
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T H E U N IO N C IT IZ E N S H IP R E G U L A T IO N S 173
5. (1) The application for a certificate of citizenship shall

Contents of appl.ca- be made in s i t in g and shall set out to the
tion for a certificate best, of the applicant’s knowledge and belief
of citizenship. t j j e f 0l|0Wjn g particulars:—
(a) Name of applicant.

(b) Date and place of applicant’s birth.
(c) Applicant’s permanent residence.
(d) Applicant’s occupation or profession.
(e) Applicant’s race.
(f) Applicant’s matrimonial status, i. e. whether a
bachelor, spinster, widower or widow.
(g) Name of applicant’s husband or wife.
(g) Name of applicant’s parents, their race and their
national status
(i) Indigenous language or languages in which
applicant claims proficiency.
(j) Physical description of applicant and other
distinguishing marks.
(k) Place, whether inside or outside the Union, where
the applicant holds immoveable property and
particulars thereof.
(1) Names of minor children, their ages, sexes and
residence.
(m) Periods of residence within the area forming part
of the Union.
(n) That applicant is of a good character, that he
intends to reside within the Union permanently
and that he owes allegiance to the Union, (or
other particulars in section 12 (2) of the Act in
the case of the applicant under that section).
(o) In the case of an applicant under section 11 (1)
of the Act, the date of her marriage to a citizen
of the Union giving his name and address and
her undertaking to renounce her foreign national
status and the statement that she is not under a
disability and she is not of such character as is
prejudicial to the public interest.
I
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I
THE U N IO N C IT IZ E N S H IP R E G U L A T IO N S 175
(p) Certificate of good character from two citizens of

the Union of good standing in the case of an
applicant under section 12 (2) of the Act.
(q) I f the application is under section 4 (2) or section
12 (3) of the Act all particulars required therein,
(r) Previous application, if any, together with the
date of application.
(2) In addition to the particulars in sub-regulation (1),

the application shall include averments of all other facts which
may be material and required to be provided for the grant of
the certificate of citizenship.
(3) One who is desirous of obtaining a certificate of
citizenship under section 6 (2) o f the Act shall apply in writing
and his application shall state all the material facts and details
known to him personally or to the best of his information.
Sub-regulation (3) was in serted vide The Burma G azette 1957,

Part 1, p a g e 2291, dated 7-9-1957. The ab o v e is its rough translation
from Burm ese.
6. (1) Registration of the birth o f a child coming within

section 5 (b) of the Act shall be made by either
^.,Jêgulatio" Jof
child bo rn outside 1
parent or, if both 1parents are
. . . . .
dead,i • by its
c •.
the Union. guardian, within one year ot its birth at
the appropriate Consulate o f the Union. A
register in Form M shall be maintained at the Consulate for
recording such registration.
(2) Registration of the birth of a child coming within
section 5 (c) of the Act is not compulsory but may be made
by either parent or, if both parents are dead by its guardian,
at any time before the child attains m ajority. Such registration
shall be recorded in Register Form IN.
'7 . (1) The application for a certificate of naturalization

Contents of ap p li- sha11 be made in writing andshall set out
cation for a certificate to the best of the applicant’s
knowledge and
ol naturalization. belief the following particulars
(a) Name of applicant (in fu ll).

(c) Applicant’s permanent residence. •
T H E U N IO N C IT IZ E N S H IP R E G U L A T IO N S THE U N IO N C IT IZ E N S H IP R E G U L A T IO N S 177
(o ) OOOOC§CfC§S6pD3q8l| (d) Applicant’s occupation or profession* ; k,

(a o ) 930^8930^811 (e) Applicant’s nationality.
( c ) ^Sccoosi bachelor, spinster, widower or widow.
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cant claims proficiency.
( j) Physical description of applicant and other
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(o n ) 93 c5 g O G 9 (^S « <JI ^ 6 « | ( o ) § 8 e^ | c8 9 3 6 |I § S c a 3 D s g jj9 3 0 g c 8 section 7 (1) of the Act.
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the Union of good standing.
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THE U N IO N C IT IZ E N S H IP R E G U L A T IO N S 1 79
8. The applicant, if literate, shall affix his signature to

the application; and if illiterate, shall affix the impression of
his left thumb thereto. The application shall be accompanied
by an affidavit specified in Form A in the case of an applica
tion for a certificate of citizenship or in Form B in the case
of an application for a certificate of naturalization under the
Act sworn before a Magistrate; the deponent) shall verify which
of the particulars stated therein are true to the deponent’s
knowledge and which are upon information believed by him
to be true. The applicant shall also furnish two photographs
of the size of 1 x 2 " and these photographs shall bear on
the back his signature or left thumb impression, one copy to
be attached to the certificate issued to him and the other to
be pasted in the ragister.
9.
A Court-fee stamp of the value of K . 2 shall be affixed
..
to every application for a certificate of citizenship
Application to J ,\ .r r P . r
be stam ped or a certiticate oi naturalization or ior revocation,
o f citizenship.
10. (1) The following fees shall be lev ied :—

F e e s.
(a) The grant of a certificate of citizenship

to a wife under section 1 1 (2 ) or child
under section 12 (1) of the Act. .. K. 5
(b) The grant of a certificate o f citizenship
in any other case. .. .. K . 30
(c) The grant of certificate of naturalization
under section 8 or 13 of the A ct. K. 5
(d) The grant of a certificate of naturalization
in any other case. .. ... K . 50
(e) For making a declaration to retain Union
citizenship under section 5 or 12 of the
Act. .. ... K. 3
(f) For making a declaration under section
5 , 7 , 8,9 , 11, 12 or 17 o f the A ct. .. K. 3
(g) For the registration of a declaration of
retention of Union citizenship. .. K. 5
(h) For the registration o f a declaration o f
alienage. ... ... .. K. 5
(i) For a certificate copy o f any declaration
or certificate. ... ... ... K . 10
180 THE U N IO N C IT IZ E N S H IP , R E G U L A T IO N S
( j) c o p c S o o o so jo o fS i g g o f s o o o t e a o o n ^ s s ^ i ^ ^ E f i e a i S i B ^ K )
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( j) The granting of a certificate of citizenship

under section 4 (2) or section 6 of the Act. K . Nil.
(2) The applicant shall pay the prescribed fees into

the Government Treasury and shall attach the receipted
chalan to his application:
(3) Provided th a t:-

(a) the fees a certificate of citizenship shall be
paid into the Government Treasury only on receipt
of the decision to grant a certificate; and
(b) o f the fee of K . 50 payable in respent of the grant
o f a certificate of naturalization, K . 15 shall be
payable on the submission of the application for
certificate and shall in no circumstances be
returned, the remaining K . 35 shall be payable
on the receipt of the decision to grant a certificate
10A. (1) For every application made on or after the

1st day of October 1957 for the grant of a certificate of
Citizenship or Naturalization the following fees shall be levied:-
(a) The grant o f a certificate of citizenship

under section 4 (2) or 6 of the Act: ... K . Nil.
(b) The grant of a certificate of citizenship
* to a wife under section 1 1 ( 1 ) or child
under section 12 (1) of the A ct: K . 25
(c) The grant of a certificate of citizenship
under section 12 (2) of the A ct: K . 50
(d) The grant o f a certificate of citizenship
in any other case: K . 100
(e) The grant of a certificate of o f citizenship
under section 12A of the Act: K . 100
(B u t if reasonable grounds exist half the
fees may be levied or the fees may be
exempted.)
(f) The grant of a certificate of naturalization
under section 8 or 13 of the Act: K. 5
(g) The grant of a certificate of naturalization
in any other case: K . 250
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( h ) For making a declaration to retain Union

citizenship under sections 5 ,7 ,8 , 11,12, or
13 of the A ct: K . Nil.
( i ) For making a declaration under section 9
or 17 of the Act: K . 10
( j ) For makirig a declaration to retain Union
citizenship under section 5 or 12 of the Act: K . Nil.
(k) For registration of a declaration of
retention of Union Citizenship: K . Nil.
(1) For registration of a declaration of
citizenship: K . 10
(m) For a certified copy of any declaration
or certificate: K . 20
(2) The applicant shall pay the perscribed fees into

the Government Teasury and shall attach the receipted
chalan to his application:
(4) Provided th a t:-
(a) the fee for a certificate of citizenship shall be
paid into the Government Treasury only on receipt
of the decision to grant a certificate; and
(b) of the fee of K . 250 payable in respect of the
grant of a certificate of naturalization, K . 25
shall be payable on the submission of the
application for a certificate and shall in no
circumstances be returned, the remaining K . 225
shall be payable on the receipt of the decision to
grant a certificate.
This rule as g iven ab o v e is the rough translation of the text

ap p earin g in B urm ese in The Burma G azette 1957, Part I, P age 2291
dated 7-9-57.
11. A certificate of citizenship or a certificate of
F o rm of naturalization shall be issued in one of the
c e rtific a te . appropriate forms annexed to these regulations.
12.A duplicate copy of the certificate, together with the

application uP°n which the certificate was
copy °of a* certificate issued and the affidavit and other papers
and list of persons to which accompanied the application, shall be
recorded by the Secretary to the Ministry
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of the U nion Government specified by the President o f the

U nion in this behalf, who shall also keep an alphabetical list
o f all persons to whom certificate of citizenship or certificates
o f naturalization have been issued by the Minister.
13. A declaration o f alienage or a declaration o f retention

Form of U nion citizenship under the A ct shall be
declarations, made in an appropriate form annexed to these
regulations.
14 (1) A declaration under the A ct m ay be made before

a D istrict Magistrate or an appropriate
Report of case for Consulate o f the Union. The Magistrate before
cancellation or revoca- , ^ , i r i • i i
tion of certificate. whom or Consulate betore which such
declaration is made shall forward it to the
Secretary to the Ministry of the U nion Government specified
by the President o f the Union in this behalf, for registration
and record.
(2) The person before whom declarations m ay be

made, m ay administer th e oath or affirmation.
15 (1) It shall be the duty o f the D istrict Magistrate

and D istrict Superintendent of Police o f the
Report of cases . ,. .•r , , . ^ .. e
for cancellation or respective district to bring to the notice ot
revocation of tjie Minister any fact which has come to
their knowledge relevant for consideration in
the m atter o f cancellation or revocation o f a certificate of
citizenship or o f naturalization of any person living w ithin
th at district.
(2) T he D istrict M agistrate or the Consulate

concerned shall report periodically to the Minister th e names
o f persons w ith the area under his or its charge to whom
certificates o f citizenship or naturalization had been directed
to be issued and who had failed to make w ithin th e tim e
prescribed the declaration necessary under the A ct. The
D istrict M agistrate or the Consulate concerned shall also
forward w ith such report th e certificates o f citizenship and o f
naturalization, which had been issued through them , to the
Minister.
186 THE U N IO N C IT IZ E N S H IP R U L A T IO N S
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16. The Minister may call for the certificate of citizenship

_ , in respcet of any person who, under the provi-
C a n c e lla tio n o f . /• i . , , , . , , 1 ,
c e rtific a te . sions ot the Act has ceased to be entitled to such
a certificate and may cancel such certificate.
17. The Attorney-General or an Advocate or Public

Appearance on P ro secu to r appointed by him shall be entitled to
behalf of Union, take part on behalf of the Union Government
in any proceedings under the Act.
18.The applicant and the Union Government shall for

Costs tbe PurP°ses ° f any enquiry or proceedings under the
A ct before the D istrict Judge concerned or before
the Chief Judge of the City Civil Court of Rangoon or before
the High Court, pay such process-fees for notices and
summonses applied for by them and expenses for their
witnesses according to the scale under the Code of Civil
Procedure. At the close of the enquiry or proceedings, before
the D istrict Judge concerned or before the Chief Judge of
the City Civil Court o f Rangoon or before the High Court,
the High Court may, in its discretion, direct by whom the
cost of the proceedings including the process-fees and witness
expenses shall be paid.
Regulation 18 is now redu n d ant-as Section 20 of the Union

Citizenship Act has b e e n d eleted .
188
THE UNION CITIZENSHIP (ELECTION) ACT, 1948.

CONTENTS
Section Page
1. S h ort T itle . 189
2. D efinitions. 190
3. W h o m ay apply for election of citizenship . 19t
4. C on tents of a p p lica tio n . 192
5. P roced u re before officer authorised to c n te rta tio n ap p lication s. 193
6. H earin g of the ap p lication . 193
7. P ro ce d u re a fte r h e a rin g . A u thorised oflicer to forw ard

proceedings to M inister. , 1 93
8. M in ister lo issue c e rtifica te il satisfied and procedure fo r issue

o f c e rtifica te to a p p lica n t. 194
9. P e n a lty for false a v e rm e n ts . 1 96
10. P o w e r to e n te rta in ap p lication s a fter expiry of prescribed period. 1 96
11. R u le -m a k in g Po w er. 196
R ules 197
THE UNION CITIZENSHIP (ELECTION) R CT, 1948.
(A ct No XXVI of 1948 )
Whereas it is necessary to make provision for the

election of citizenship by persons qualified under section 1 1 (iv)
of the Constitution :
I t is hereby enacted as follows

1 This Act may be called the Union Citizenship (Election)
A ct, 1948.
This Act was am end ed b y Acts XXVII of 1954 and XXXII o f 1957.
This Act is a sp ecial Act and was en acted to en a b le person s

qualified u nd er section 11 (iv) of the Constitution of the Union of
Burma to e le c t for citizenship.
T h e re w ere sev e ra l p erso n s of ra ces other than the in d ige

nous, who had m ade Burma their perm anent hom e o r who had
re sid e d in Burma b e fo re the attainment of in d ep en d en ce. They had
not ask ed for any safeguard s from the British G overnm ent at the
time of transfer of p o w er to the Union G overnm ent but the Consti
tution pro vid ed that those who had re sid ed in Burma for at least
8 y ea rs out of 10 b etw ee n 1st Tanuary 1932 and 1st Tanuary 1942
or b etw ee n 4th |anua_ry 1938 and- 4th Tanuary 1948 shall have
the right to e lect io r "and obtain citizenship in the m anner and
within the time p e rscrib e d b y law. This Act is m eant for such
p erso n s only. The last d ate for filing applications u nd er this Act
was ex ten d ed to 30th A pril 19.30, But b y leav e of the P resid en t an
application m ay s M b e tile iJu n d e r section 10 of the Act. The Union
Citizenship Act, 1948 (A ct LXVI of 1948) is the Act for those who
have not applied o r who a re not qualified to apply u nd er the
Union Citizenship (E le c tio n ) Act.
Section 11 (iv) of the Constitution of the Union of Burma

read s
(iv) E v ery perso n , who was b o rn in any of the territo ries

which at the tim e of his birth was included within His
Britannic M ajesty’s dom inions and who has re sid e d in any
of the territo ries inclu d ed within the Union for a p erio d of
not le ss than eight y ears in the the ten y ears im m ediately
p re ce d in g the d ate of the com m encem ent of this Constitu
tion or im m ediately p re ce d in g the 1st January 1942 and
who intends to re sid e perm anently th erein and who sign i
fies his electio n of the citizenship of the Union in the
m anner and within the time p re sc rib e d b y law, shall b e a
190 THE U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
This Act p ro v id es for election of citizenship as p erm itted by

section 11 (iv) of the* Constitution. The L egislatu re re g a rd e d the
citizenship as a m atter of most im portancei as it involves rights and
duties on the part of the Citizen and the State >. As stated in section
11 (iv) of the Constitution election of citizenship of the Union must
b e sign ified in the m anner and within the tim e p re s c rib e d b y law
and they have b e e n p re scrib e d in this Act.
Sectio n 3 of the Act p re sc rib e s ihe o fficers to whom, those

who p o sse ss the n ecessa ry qualifications m ay apply for certificate
of citizenship. Section 4 p re sc rib e s the particulars which they must
furnish in their applications and section 10 p r e s c rib e s the time limit
within which they must apply. Sections 5 and 6 p re s c rib e the
p ro ced u re to b e follow ed b y o fficers at the h ea rin g of the applica
tions. Section 7 (a) p rovid es that an o fficer who d ecid es that an
applicant has establish ed his right to ele c t for citizenship of the
Union musl forthwith transmit to the M inister a certified co p y of
his d ecision to g eth er with the application for the certificate and the
affidavit an n ex ed thereto. Section 7 (2) p ro v id es that if the officer
d ecid es that the applicant is not entitled to elect, the applicant may
file an application in revision in the High Court. Section 8 (1) and
(2) p rovid e that on re ce ip t of the d ecision the M inister must issue
a certificate of citizenship in the p re sc rib e d form u nless h e is in
doubt of the co rre ctn e ss of the d ecision in w hich ca s e h e m ay re fe r
the application to the High Court. Section 8 (3) p ro v id es that the
M inister shall issue a certificate of citizenship if the High Court
finds that the applicant has establish ed his righ t to e lect for citizen
ship of the Union2 . Section 8 (4) and (5) p re s c rib e the m anner for
issue of the certificate and its effect Section 9 pro vid es penalty for
false averm ents relatin g to the p ro ceed in g s for grant of the
certificate. Section 11 p ro v id es for m aking of rules for carry in g into
effect the o b je cts of the Act.
2. In this Act, unless the context otherwise requires:-
(a) “Officer” means any Officer nominated for the

purposes of this Act hy the President.
(b) “ M inister” means a member of the Government
nominated by the President for the purposes of
this Act.
(c) “ Deputy Com m issioner” includes “The District
M agistrate, Rangoon,” in the State “the R esident”,
or when there is no Resident, “Assistant Resident.”
1. Union G overnm ent of Burm a. Vs. Quah Chun B e e : 1950 B. L. R. 14 H. C.

^ ;D u tta. V s. T he Superintendent C entral Jail, Rangoon and two oth ers:
b . L. R 83 S. C.
T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T 191
The presid in g ju d g es of the low est Courts of civil jurisd iction

.w ere appointed ‘ O ffic e r s ’ u nd er this Act. At the time of passing
of the Act they w ere called Subordinate Ju d g es and later b y Courts
Act LV of 1950, they a re called Tow nship Ju d g es. In R angoon the
|3rd and 4th Ju d g es of the City Civil Court w ere appointed as the
j ' O fficers ’ u nd er this Act.
3. Any person
(a) who was born in any of the territories which, at
the time of his birth, was included in His
B ritannic M ajesty's dominions;
(b) who had resided in any of the territories included
in the Union for a period of not less than eight
years in the ten years immediately preceding
either the first day of Jan u ary 1942 or the fourth
day of January 1948;
(c) who is of good ch aracter;
(d) who has not done any act prejudicial to the
security, peace or interest of the Union; and
(e) who is not disqualified as defined in section 2 of
the Union Citizenship Act, 1948, may apply to
the officer in the district in which he resides for
a certificate o f citizenship.
Section 3 was substituted b y Act XXVII of 1954.

The w ordings of section 3 (a) and (b) a re m e re reproduction
of section 11 (iv) of the Constitution.
Only those who qualify u nd er section 3 can e le c t and apply

for a certificate of citizenship u nd er this Act. In the ca se of the
Union G overnm ent of Burma Vs. U Ah Tun3 it was h eld that as the
applicant was b o rn in Hong Ngo village in Hoiksan Township,
Hoiksan District, Canton, China, he was not b o rn in' any of the
territories included in His Brittanic M ajesty's Dominions and so he
had failed to establish his right to ele c t citizenship of the Union
sunder this Act. The em phasis in this Act is on the w ords 'e l e c t '
and * electio n
Two conditions a re n ece ssa ry to b e fulfilled b e fo re a certifi

cate of citizenship can b e issued u nd er section 3 of the Act. The
first is that the applicant must b e b o rn within the territo ries
sp ecified and the seco n d that h e should also p o sse ss the resid ential
qualifications p re s c rib e d in the sectio n .4
3. 1948 B. L. R. 541 H. C.
4. The Union of Burma. Vs Ebrahim Suleman V ariava: 1952 B. L. R. 6 H. C.
192 T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
In the ca se of Union G overnm ent of Burma. Vs. Quah Chun

B e e 5 the resp o n d en t was bo rn at Tavoy on 27th D e ce m b e r 1923
w h ere h e re sid ed till 1935 and went to Penang for further study.
He u sed to co m e b a c k to Tavoy for one month e v e ry half year
up to 1941 and was out of Burma from 1941 till 23rd June 1946. It
was h eld that h e was not entitled to e le c t for citizenship u nd er the
Act. It was held that the m eaning of the word ' re sid e ’ has to b e
g ath ered from the intention of the leg islatu re in section 3. Such
intention is obtained b y in terp retin g the lan gu age acco rd in g to
its obvious m eaning. The legislatu re has u sed the w ord ' r e s id e '
in stead of the w ord 'd o m icile.' T he p h rase 'h a s r e s id e d ’ f o r a
p e rio d of not le ss than 8 y ears must m ean actual re sid en ce. This
is further stren g th en ed b y the fact that the legislatu re has allowed
the ch o ice of two different p erio d s « s also a m argin of two years
out of 10 y ears a b se n c e from Burma. Ju d g ed in this way the
resp o n d en t was not entitled to e le c t for citizenship u nd er this Act.
The ex p ressio n 'H is Britannic M ajesty's D om in ion s‘ has

b e e n d efin ed b y section 3 (2) of the Union Citizenship Act, 1948
(A ct LXVI of 1948) to m ean ‘ the territo ries en u m erated in section
2 (2) of the Burma In d ep en d en ce A ct 1947.’
4. The application shall be made by petition which s

be accompanied by an affidavit o f the applicant stating
(a) the place of his birth, and the tim e or approxi

mate th ereof;
(b) the period or periods he had resided in the terri
tories included in the Union prior either to the
first day of Jan u ary 1942 or to the fourth day of
Jan u ary 1948;
(c) th at he is of good character and that he has not
done anything prejudicial to the security, peace
or interest of the Union, and th at he is not
disqualified as defined in Section 2 of the Union
Citizenship A ct, 1948.
(d) his intention to reside permanently in the territo
ries included in the Union and th at he owes
allegiance to the Union; and
(e) the name, sex, place of birth and time of birth,
exact or approximate, of each of his minor children,
alive at the date of the application.
5. 1850 B. L. R. 14 H. C.
5. (1) On an application made for a certificate of citizen

ship, the officer shall direct notice o f such application to be
issued to the Deputy Commissioner of the district where the
applicant resides and shall also have a copy of the notice
pasted in some conspicuous place in the office of the Deputy
Commissioner.
(2) The application shall not be heard by the officer

before four weeks after the service o f the notice on the Deputy
Commissioner have expired.
(3) At any time, previous to the hearing o f the
application, the Deputy Commissioner may file with the
officer an objection, stating the grounds of such objection.
Any perso n , know ing of, o r having ev id en ce of a disqualifica

tion in the applicant, m ay com m unicate his know led ge or the
ev id en ce to the D eputy C om m issioner.
T he notice u nd er this section has to b e issued to the Deputy
C om m issioner of the p lace w here the applicant resid es, ■and not
w h ere the applicant is born. In the ca se of Ah Fat (a) U Aung Thein
Vs. U Tha W in and one the grant of the certificate was set asid e
b e c a u se the n otice was issued to the Deputy C om m issioner of
Rangoon, w hereas the applicant re sid ed in M ergui6.
6. (1) A t the hearing, the applicant for a certificate

shall, subject to the provisions o f section 132 o f the Code of
Civil Procedure, personally appear before the officer for
examination unless the officer for sufficient reason to be
recorded in writing, dispenses with his personal attendance.
The applicant shall produce before the officer, at such
hearing such evidence as he may desire to establish th at he
is qualified under section 3 to elect for citizenship.
(2) The Deputy Commissioner shall be entitled to
adduce, at such hearing, such evidence as he may desire in
disproof o f the applicant's claim.
(3) A t the hearing, the officer shall not be bound by
the Civil Procedure Code or any other enactm ent but shall be
guided by rules of natural justice.
7. (1) The officer shall, after careful inquiry as to

whether the applicant possesses the necessary qualifications
6. 1950 B. L. R. 53 S. C.
194 th e U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
or not, submit forthwith bis recommendation together with

the inquiry proceedings to the M inister; and
(2) Any person who has acquired a certificate of
citizenship before the promulgation of the Union Citizenship
(Election) (Amendment) Act, 1954, shall be deemed to have
also possessed the qualifications provided in clauses (c) and (d)
o f sectiou 3 without prejudice to the provisions of section 19
of the Union Citizenship A ct, 1948:
Provided th at of the cases submitted under section 7 by
the officer to the Minister before the promulgation of the
Union Citizenship (Election) (Amendment) A ct, 1954, those
cases which appear to the Minister th at they should be heard
with respect to clauses (c) and (d) of section 3, may be sent
back for further hearing to the officer concerned.
Section 7 was am end ed b y Act XXVII of 1954 and Act XXXII

of 1957.
T he o fficer must exam ine the applicant as to each of the
qualifications n e c e ssa ry for electio n of citizenship u nd er this Act and
satisfy that the applicant is a qualified p erso n b e fo re h e recom m ends
the applicant for grant of a certificate.
8 . (1) When the Minister-receives the recommendation of

the officer made under section 7, he shall, if he accepts the
recommendation issue a certificate of citizenship in the
prescribed form and shall send such certificate to the
recommending officer.
(2) The issue of a certificate of citizenship shall be

in the discretion of the Minister and he may, with or without
assigning any reason, issue or refuse to issue the certificate,
as in his opinion is conducive to the public good.
(3) The Officer shall, on receipt of the certificate,

call upon the applicant to appear before him on a date fixed
by him and to subscribe a declaration on oath or affirmation
renouncing any other nationality or status as citizen of any
foreign country and owing allegiance to the Union and, on
the applicant making and subscribing such declaration, the
Officer shall deliver to him the certificate after having endorsed
thereon the date of the making of and subscribing the said
declaration.
T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) AC T 195
(4) The certificate shall not take effect unless the

applicant makes and subscribes the declaration under the last
preceding section.
(5) Those certificates which had been issued before the

promulgation of the Union Citizenship (Election) (Amendment)
A ct, 1954, shall not he deemed to be null and void for not
bearing the declaration th at he owes allegiance to the Union.
This section was am ended b y Acts XVII of 1954 and XXXII

of 1957. B efo re th ese am endm ents section 8 read as follows
8 . (1) W hen the M inister re ce iv e s a d ecision of the officer

u nd er section 7, h e shall, u nless he is in doubt to the
co rrectn ess of the d ecision of the officer, issue a
certificate of citizenship in such form as may b e p re scrib e d
and shall send the certificate to the o fficer b y whom the
d ecisio n was m ade.
(2) If the M inister is in doubt of the co rre ctn e ss of the

d ecision of the o fficer he may re fe r the application
to the High Court on the appellate side. To such a
re fe re n c e b y the M inister or the application u nd er
section 7 (2) the provisions of O rd er XLI of the Civil
P ro ced u re C od e shall apply.
(3) If the High Court, on a re fe re n c e , confirm s the dicision

of the o fficer u nder section 7(1 ), or set aside the o rd er
u nd er section 7 (2), the M inister shall issue a certificate of
citizenship and transmit it to the o fficer b y whom the
d ecisio n was m ade.
(5) T he officer shall, on re ce ip t of the certificate, call upon

the applicant to ap p ear b e fo re him on a date fix ed b y
him and to su b scrib e a declaration on oath or affirmation
renou ncing any other nationality o r status as citizen of
any fo reig n country, and on the applicant m aking and
su b scrib in g such declaration, the o fficer shall d eliv er to
him the certificate after having en d o rsed th ereo n the
date of the m aking of and su b scrib in g the said declaration.
(5) The certificate shall not take effect unless the applicant
m akes and su b scrib e s the declaration u nd er the last
p re ce d in g section.
196 T H E U N IO N C IT IZ E N S H IP (E L E C T IO N ) A C T
B efo re th ese am endm ents it was h eld that sectio n 8 (2) did no
p re s c rib e any p e rio d of limitation within w hich the M inister mus
re fe r the application to the High Court, such om ission was d elib erate
T h e refo re th ere is no p e rio d of limitation p re s c rib e d for re fe re n c e
b y the M inister7.
O nce the certificate is issu ed and provisions o f clause (3) and

(4) of this section a re co m p lied with, it b e c o m e s fully effectiv e and
the o fficer granting the sam e has no authority to rev iew his o rd e r
and ca n c e l the certificate on review to hold a d e novo enquiry8.
A p erso n who ap plies for a certificate of citizenship m erely

1 ap p lies ’ to signify his intention to ele c t for citizenship u nd er this
Act. T h e re is nothing to p rev en t him from ch an gin g his mind before-
h e signs the d eclaration u nd er sectio n 8 (4) on oath or affidavit
ren ou n cin g any oth er nationality o r status as citizen of foreign
country. He sign ifies his electio n of citizenship of the Union only’
when h e sign s such a declaration. Until then h e still remains a
fo re ig n e r and d o es not b e c o m e a citizen9. Thus the w ord' signify’
d o es not m ean m e re filing of the application, but to ' signify in
acco rd a n ce with law .’ T he legislatu re can m ake law requ irin g a
fo re ig n e r who wants to b e c o m e a citizen to ren ou n ce any other
nationality or status as citizen of any fo reig n country as section 1 2
of the Constitution p ro v id e s:— i
' 12. Nothing contained in section 11 shall d ero g ate from

the p o w er of the Parliam ent to m ake such laws as it thinks fit in
re sp e c t of citizenship and alien ag e......... ’
9. I f any petition or affidavit, which is required to be

filed under this A ct, contains any averment which the person
making the same knows or believes to be false, such person
shall be deemed to have committed an offence under section 193
o f the Penal Code.
10. Excep t with the prior leave o f the President, no

officer or court shall entertain an application under section 4
if filed after the expiry of one year from th e commencement
of this Act.
7. Union G overnm ent of Burm a V s Quah Chun B ee 1950 B. L. R. 14 H. C.

8. Ah Fat (a ) U Aung T hein. Vs. U Than Win and another: 1950 B. L. R. 53 S. C .
9 P. K Dutta Vs. The Su p erin ten d en t, C en tral Jail, Rangoon and two olbara*
1953 B L. R. 83 S. C.
The last date for filing applications u nd er this section was

ex ten d ed to 30th April 1950. But b y leav e of the P resid en t an
application m ay still b e filed u nd er this section. As an application
can always b e filed u nd er the Union Citizenship Act 1948, this
sectio n it is co n sid ere d m ay ra re ly b e used.
11. (1) The President may, from tim e to tim e, make

rules for carrying into effect the objects of this Act.
(2) In particular and without prejudice to the

generality of the foregoing power such rules may provide
for and regulate—
(a) the presentation at the enquiry on behalf of the

Union o f Burm a;
(b) the fees payable by the applicant in the procee
dings for the grant of a certificate;
(c) the forms to be used under the Act including the
certificate of citizenship; and
(d) the, fprms of declaration renouncing any foreign
nationality or status and owing allegiance to the
Union.
The Rules m ade u nd er this Act a re g iven h erein after.
THE UNION CITIZENSHIP (ELECTION) RULES, 1948.
In exercise o f the powers under section 11 of the Union

Citizenship (Election) Act^ 1948, the President hereby makes
the following Rules
1 . These Rules shall be called the Union Citizenship

Title (Election) Rules, 1948.
2. In these R u le s: -
.. “A c t” means the Union Citizenship (Election )
Defim ti°n ^
“Officer” shall mean, for the town of Rangoon the

3rd or 4th Judge o f the Rangoon City Civil Court, and, for
the other parts of the Union the Subordinate Judge or such
other officer as the President in this behalf may appoint.
198 THE U N IO N C IT IZ E N S H IP (E L E C T IO N ) R U LES
“M inister” means the Minister nominated in this behalf

by the President.
3. Any person who under section 3 of the Act is com

petent to elect for Union citizenship may
'• Authority to which jnake an application to the officer having
sh ip 'to benm adeltlZen jurisdiction over the arâ in which he resides
for a certificate o f citizenship, within the
time prescribed by section 10 o f the Act.
4. (1) The application for a certificate of citizenship

shall be made in writing and shall set out to
ap p l i c a t i o n the best of the applicant’s knowledge and belief
the following particulars
(a) Name of applicant.

(c) Applicant’s permanent residence.
(d) Applicant’s occupation or profession.
(e) Applicant’s race.
bachelor, spinster, widower or widow.
(g) Name of applicant’s husband or wife.
(g) Name o f applicant’s parents, their race and their
national status.
(i) Indigenous language or languages in which
applicant claims proficiency.
(j) Physical description of applicant and other
(k) Place, whether inside or outside the Union, where
the applicant holds immoveable property and
particulars thereof.
(1) Names of children, their ages, sexes and residence.
(m) Periods of residence within the area forming part
of the Union.
(n) Applicant’s intention to reside within the Union
permanently. , :, |
THE U N IO N C IT IZ E N S H IP (E L E C T IO N ) R U LES 19 9
(2) The applicant, if literate, shall affix his signature

to the application; and if illiterate, shall affix the impression
of his left thumb thereto. The application shall be accompanied
by an affidavit specified in Form A under section 4 of the
Act sworn before a M agistrate; the deponent shall verify
which of the particulars stated therein are true to the
deponent’s knowledge and which are upon information believed
by him to be true.
(3) The applicant shall also file with his application

three copies of his photograph 1 " by 2 " in size; and these
photographs shall bear on the back his signature or left thumb
impession.
Provided th at if the applicant is a pardanashin woman,

she may file with her application three sheets of paper of the
size of passport photograph bearing her left thumb impression,
and the impression thus submitted will be used as and in the
same manner as the photographs:
Provided also th at in the frontier and hill districts

where facilities for taking photographs at the place of residence
of the applicant and at the headquarters of the officer do not
exist a description of the applicant in triplicate conlaining
distinctive marks of identification and his left thum b
impression duly taken and attested by the officer may be
accepted in lieu of the photographs.
The p ro v iso es w ere in serted b y M inistry of Judicial Affairs

Notification No. 222 dated the 28th O cto b er 1949.
E xem ption a cco rd ed to pardanashin ladies from p erso n al

ap p ea ra n ce in Court u nd er section 6 (1 ) of the Union C itizenship
(Election) Act 1948 is restricted to the h earin g stage only and
they a re not exem p ted from p erso n al ap p earan ce in Court for the
pu rpose of declaration of renunciation of foreign nationality u nd er
section 8 (4) of the Act.
5. A Court fee stamp of the value of K . 2 shall be affixed

to every application for a certificate o f citizenship.
The Court-fees payable on an appeal to the High Court
under section 7 (2) of the Act shall be K . 3.
200 T H E U N IO N C IT IZ E N S H IP (F L E C T IO N ) R U LES
The applicant shall, on receipt of an intim ation from

the officer that his application for a certificate o f citizenship
is granted, furnish the officer with a non-judicial stamp paper
o f the denomination of kyats thirty, for the purposes of the
issue of the ceitificate.
The seco n d part of the ab o v e rule was am end ed b y the

notification of Judicial M inistry dated 14th January 1949. Form erly
it read as follow s:—
" T h e applicant shall pay into eith er the Union Bank or any
Union T reasu ry a sum of Rs. 30 to b e e x p e n d e d in the purchase
of rev en u e stamp p a p e r to b e u sed in p re p a rin g the certificate of
citizenship and shall attach the re ceip ted chalan to his application
for the certificate.''
6. The officer who receives the application shall under

section 5 of the Act send an intim ation to the
o r e c e T ^ o f ^ eP u ty Cnmmij*-ioner concerned and shall cause
application?' ° 1 ° have affixed in a public iplace at his office and
at the office of the Township Officer concerned a
copy thereof. He shall also have entered in the Register
(in Form E ) the particulars set out therein in respect of the
application.
7. On appeal to the appellate side of the High Court

under section 7 (2) of the Act by the applicant
AhPf a»anCer whose claim for citizenship has been rejected or
Union.9 * ° on a reference under section 8 (2) of the Act at
the instance of the Minister questioning the grant
of a certificate o f citizenship, the Attorney-General or an
Advocate appointed by him shall be entitled to take part in
the proceedings on behalf of the Union Government.
8 . The applicant and the Union Government shall, for

the purposes o f the enquiry into the application for citizenship
before the officer appointed, or for the purposes o f the appeal
or reference before the High Court, pay such process-fee for
notices and summonses applied for by them and expenses for
their witnesses according to the scale under the Code of Civil
Procedure. At the close of the enquiry, appeal or reference,
the officer or the High Court may, in his or its discretion,
direct by whom the cost o f the proceedings including the
process fees and witness expenses shall be paid. . : ,
THE U N IO N C IT IZ E N S H IP (E L E C T IO N ) R U LE S 201
The form er Rule 9 was d eleted b y M inistry of Judicial

Affairs notification dated 14th January 1949 and Rules 10 to 14 w ere
re-n u m b ered as Rules 9 to 13.
9. (1) The Officer, on the Minister’s approval to the

issue of the certificate of citizenship being communicated to
him, call upon the applicant to furnish him with a non-judicial
stamp paper of the denomination of kyats thirty for the
purposes of the issue of the certificate and shall, on being so
furnished, forward the stamp paper to the Minister.
(2) The Minister shall cause to have perpared on the
same stamp paper a certificate in Form B and shall issue the
said certificate under his hand. A copy of the photograph of
the applicant shall be affixed to ihe certificate and the same
shall be forwarded to the officer concerned. One photograph
shall be affixed in the register maintained in the office of the
Minister and the other photograph shall be affixed in the
register maintained by the officer concerned.
Sub-rule (1) abo v e was substituted b y Ministry of Judicial

Affairs notification dated 14th January 1949.
10. The certificate of citizenship shall be in Form B

annexed to these Rules. The declaration under section
8 (4) of the Act renouncing any foreign national
status shall be as provided in Form C.
11. After the certificate of citizenship has been issued to

the applicant a copy of the same together with
of cit?zensW p°n the relevant application affidavits and declara
tion o f renunciation of foreign national status
shall be kept in the custody of the Secretary to the Ministry
nominated in this behalf by the President. The Secretary shall
also cause to have entered in the register (in Form D ) in
alphabetical order the name of persons to whom certificates
of citizenship have been issued. The officer for each local area
shall also maintain a similar register.
12. On receipt of a certificate of citizenship from the

Minister the officer concerned shall call upon the
Renunciation of applicant to appear before him within such time
stafus.n natural as may be specified by the said officer and,
under section 8 (4) of the A ct, either to take
202 THE U N IO N C IT IZ E N S H IP (E L E C T IO N ) R U LE S
an oath or to make an affirm ation o f renunciation of foreign

national status and of allegiance to tile Union. The officer
shall enter in the certificate the date on which the said oath
or affirm ation was made and shall deliver the same to the
applicant and the officer shall then submit to the Minister the
declaration together with the report of the issue to the
applicant o f the certificate. The Minister shall cause to have
filed the said declaration with the copy of the certificate of
citizenship maintained in his office. I f the applicant fails within
such further time as may be granted to him to appear before
the officer and to make the necessary declaration renouncing
his foreign natural status and of allegiance to the Union, the
officer shall return the certificate of citizenship to the Minister
to have it cancelled.
‘ • i.
13. The Minister shall cancel the certificate of citizenship
_ , if the applicant fails to make a declaration on
Cancellation of . 11 ... . . . . .
certificate. oath or attirm ation renouncing his foreign
national status and of allegiance to the Union
and to subscribe the same or if the applicant is convicted of
an offence under section 193 of the Penal Code in respect
either of the application for a certificate of citizenship or the
declaration of renunciation of his foreign national status.
14. (1) Notwithstanding anything contained in Rule 5 or*
Rule 9 if the applicant is serving or has served in the armed
forces of the Union or if he is a labourer employed in essential
services in the Union, he shall be required to pay a nonjudi-
cial stamp of the value of kyats five only for the purpose of
issuing a citizenship certificate.
(2) I f through poverty and on account of more than
one member of the household having to apply for citizenship
certificate there is hardship in paying the full amount of feest
prescribed by either Rule 5 or clause (1) of this rule, or if itu
appears that there are sufficient grounds otherwise so to doi>:
the President may remit in whole or in part the fees for issue >
of citizenship certificate. :ri,■■ , -lr;
(3) The fact that a privileged rate of fees has been
granted to be paid under clause ( 1 ) of this rule or that a
total or partial remission of fees has been given under clause (2 )
of this rule shall be entered on the certificate issued in Form B .
This ru e was ad d ed b y Jud icial Department notification
No. 13 dated 4th August 1949.
203
APPENDIX. I.
F o rm s
P ag e.
1. A pplication for citizenship ce rtificate under the Union Citizenship

A c t. 203
2. Affidavit for above ( F o rm A ) . 20 5
3. A pplication for n atu ralizatio n under section 7 ( 1 ) of the said A c t. 206
4. A ffidavit for above ( F o r m B ) 2 08
5. Affidavit under section 6 ( 2 ) of the said A c t ( F o r m S ) . 2 09
6. Notice of in ten tio n to apply for n atu ra liz a tio n ( F o r m R ). 211
7. D eclaration of alien age of foreign n a tio n a lity ( F o r m H) 212
8. D eclaratio n of alie n a g e of the U nion Citizenship ( F o r m I ) . 2 13
9. D eclaratio n of election to re ta in U n ion Citizenship ( F o r m J ). 2 13
APPLICATION FOR CITIZENSHIP CERTIFICATE

UNDER THE UNION CITIZENSHIP ACT, 1948.
To
The D istrict M agistrate,
The hum ble petition o f _ ________ _
______ ___b y occuption______________________________
resid ing a t ______________________________ ;__________
Most Respectfully Showeth :-

1. That the applicant b e g s to apply for issue of a certificate of
citizenship u nd er section of the Union Citizenship Act and the
follow ing a re the n ecessa ry particulars for issue of the sam e:-
(a) Name of applicant:

(b) Date and p lace of applicant's birth:
(c) A pplicant's perm anent re sid e n c e :
(d) A pplicant’s occupation or profession:
(e) A pplicant's ra ce:
204
(f) A pplicant’s m atrim onial status,

i.e. w hether a b a ch e lo r, spinster, w idow er
or widow:
( g ) Name of applican t’s husband or wife:
( h ) Name of applicant’s parents, their ra c e and
th eir national status:
( i ) Ind igenous language o r lan guages in which
applicant claim s p ro ficien cy :
( j ) Physical d escrip tion of applicant and
oth er distinguishing m arks:
( k ) P laces, w hether insid e or outside the Union,
w h ere the applicant holds im m oveable p ro p e rty
and particulars th ereo f:
( 1 ) Names of m inor children, th eir ag es, s e x e s and
re sid e n c e :
(m) P eriod of re sid e n c e within the a re a form ing
part of the Union:
( n ) That applicant is of g oo d ch aracter, that h e
in tend s to re sid e within the Union perm anently
and that he ow es alle g ie n ce to the Union:
( o r other particulars in sectio n 1 2 (2) of the
Act in ca se of the application u nd er that s e c tio n ):
( o ) In the ca se of an application u nd er section 11 (1) of the Act,
the d ate of h e r m arriag e to a citizen of the Union giving his
nam e and ad d ress and h e r undertaking to re n o u n ce h er
foreig n national status and the statem ent that sh e is not u nd er
a disability and sh e is not of su ch ch a ra cte r as is preju d icial to '
the public interest:
(p ) C ertificate of g oo d ch aracte r from two citizens of the Union of
g oo d standing in the ca se of an application u nd er sectio n 1 2 (2)
of the Act:
( q ) If the application is u nd er sectio n 4 (2 ) o r sectio n 12(3) of the
Act all particulars re q u ired th erein:
( r ) P revious application, if any, to g eth er withithe d ate of application:
2. That the applicant u nd ertak es to b e loyal and faithful to

the Union of Burma.
3. That the applicant b e g s to subm it h erew ith an affidavit

duly affirm ed b e fo re a M agistrate.
4. That the applicant also b e g s to attach herew ith three

co p ies of his photograph s duly sig n ed b y him.
W h erefo re p rays that the petitioner

may b e g ran ted citizenship certificate
u nd er se c tio n ___________of the said Act.
AND SHALL EV ER PRAY,
D a te d :— Petitioner.
205
Form A AFFIDAVIT.
| Regulation 9
FOR APPLICATION FOR CITIZENSHIP UNDER
THE UNION CITIZENSHIP ACT, 1948.
I . _______________ _ _ _______ by o c c u p a tio n ____________________

son/ d au gh ter of _____________________________ and b y religion a
| ___________________ , m ake oath /affirmation and state as follows
I (a) I was b o rn a t ________________________ o n _________
(b) I had re sid ed continuously within the territo ries form ing part
of the Union of Burma for the p erio d s m entioned below
F ro m _____________ 19 , t o _________ 19 . at _ _______
The total p erio d of such re sid e n c e b e in g _________ years.
I (c) My father was / i s _________________________ by nationality and an
______________________ b y ra ce and his nam e was /i s ___________
(d) My m other w a s / is _______________________ b y nationality and an
1 _________________b y ra ce and h e r nam e was I i s ______________

(e) I intend to re sid e perm anently within the Union of
(f) I shall ow e alleg ian ce to the Union of Burma.
Burma.
(g) I am of g ood ch aracter.

(h) The nam es, sex , p lace of birth and d ates or approxim ate dates
of birth of m y m inor child ren who a re not alread y citizens of
the Union living u n d er m y so le lawful guardianship o r u nd er
the lawful guardianship of__________who is a citizen of the
Union a re stated belo w
No. Name. Sex. P lace of birth. Date of birth. Lawful guardianship.
2 .____________________________________________________________
( i) I claim that I am entitled to a certificate of citizenship u nd er
sectio n _____________________ of the Union Citizenship Act, 1948,
b e c a u se ________________________________________________________ _
( j) I u nd ertake to b e loyal to the Union of Burma and to take
oath of alleg ian ce to the Union of Burma and to live peacefu lly
and faithfully in the Union of Burma.
206
I d ecla re upon oath/affirm ation that the particulars stated in

cla u se s_________ t o ______________ ab o v e a re true to m y k now led ge
and that the particulars stated in c la u s e s _____ a n d ___________ ab ov e
are upon inform ation b elie v ed to b e true.
D eponent
T he ab o v e affidavit was sworn/ affirm ed b e fo re
m e b y ______________________ . who has b e e n
identified b e fo re m e b y ________ _
M agistrate.
Identified b y m e. D ated :-
APPLICATION FOR A CERTIFICATE OF NATURALIZATION

UNDER SECTION 7 (1 ) OF THE UNION CITIZENSHIP ACT, 1948.
To
The D istrict M agistrate,
The hum ble petition o f ______________
______________ resid en t o f _____ _________________ ___
Most R espectfully Showeth

1. That the applicant b e g s to apply for issu e of a certificate of
naturalization u nd er section 7 (1) of the Union C itizenship Act and
the follow ing are the n ece ssa ry particulars for issu e of the sa m e :-
(a) Name of applicant:

(b) Date and p lace of applicant's birth:
(c) A pplicant’s perm anent re sid e n ce :
(d) A pplicant's occupation or p rofession:
(e) A pplicant's nationality:
( f ) Applicant's matrim onial status,
i.e. w hether a b ach elo r, spin ster, w idow er
or widow:
( g ) Name of applicant's husband c r wife:
( h ) Name of applicant's parents, and their national status:
( i ) Indigenous language or lan g u ag es in which applicant claim s
p roticiency:
207
( j) Physical d escrip tion of applicant and

other distinguishing m arks:
( k ) P laces, w hether inside o r outside the Union,
w h ere the applicant holds im m oveable p ro p erty
and particulars thereof:
( 1 ) Nam es of m inor children, their ag es, s e x e s and
re sid e n c e and in w hose custody:
; (m) P eriod of re sid en ce within the are a foim ing
part of the Union:
( n ) A pplicant’s intention as to re sid e n c e in the Union perm anently
or to e n ter or continue in the s e rv ic e of the Union or any
constituent state or in any undertaking of a religious, ch aritab le
or com m ercial ch aracte r establish ed in the Union and the
statem ent that he ow es alleg ian ce to the Union and that h e is
of g ood ch aracter:
( o ) A co p y of the n otice of applicant's intention to apply for
naturalization g iven u nder the proviso to section 7 (1) of the
Act:
( p ) C ertificates of g ood ch aracter from two citizens of the Union of
g ood standing:
(q) That he is not u nd er a disability, that he e lects to b e a citizen
of the Union and that he is willing to ren ou n ce any other
citizenship:
( r ) If the application is u nder section 13 of the Act the particulars
and d ates of his s e rv ic e in the arm ed fo rces of the Union:
( s ) W h eth er d esirou s of m aking a d eclaration of alien ag e in
re sp e c t of any other citizenship and of alleg ian ce to the Union
of Burma:
2. That the applicant b e g s to submit that he has not b e e n disloyal

to the G overnm ent of the Union of Burma nor acted in any m anner
p reju d icial to the Union G overnm ent of Burma and d esires to
re sid e peacefu lly within the Union of Burma.
3. That the applicant b e g s to subm it herew ith an affidavit as

re q u ire d b y law.
4. That the applicant also b e g s to attach herew ith th ree co p ies of

i photographs duly sig n ed b y him.
W h erefo re p rays that the applicant

m ay b e gran ted a certificate of naturalization
u nd er section 7 (1) of the Union Citizenship Act
AND SHALL EVER PRAY,
I D ated:— APPLICANT.
208
Form B
5-----— ------— AFFIDAVIT.
Regulation 9 -----------------------
FOR APPLICATION FOR NATURALIZATION CERTIFICATE UNDER
THE UNION CITIZENSHIP ACT, 1948.
I, a g e d _________ years, son/duaghter of__________

b y re lig io n ____________________b y occupation _______________________
resid en t of ____________________ do on oath/solemn
affirmation state as follow s:—
1. I say that I was b o rn a t _______________________o n _______________
2. I say that I had resid ed continuously within the territo ries
form ing part of the Union of Burma for the p erio d s m entioned
b e lo w :—
F o rm ___________________ to ...............................a t _________________
Form to __________________a t________________
The total p erio d of such continuous re sid e n c e b e in g __________
y ears. (
3. I say that I am of g ood ch aracter.
4. I say that I can sp e a k and understand the Burmese/Chin/Kachin

/Karen/Shan langu age.
5. I say that I intend to re sid e perm anently within the Union of

Burma and to en ter or continue in the s e rv ic e of the Union of
any constituted State th ereo f or in an u nd ertaking of a
religiou s, ch aritab le or co m m ercial ch a ra cte r estab lish ed in the
Union and shall d e c la re that I shall ow e alleg ia n ce to the Union
and that I shall e le c t to b e a citizen of the Union if a certificate
of naturalization is granted.
6. I say that I have g iv en notice in w riting of my intention to

apply for certificate of naturalization in the form p re scrib e d by
regulations u nd er the Union Citizenship A ct 1948 o n _________
as re q u ired b y section 7 (1 ) of the Act.
7. I say that I shall re sid e continuously within the Union from the
date of the application for the certificate of naturalization to
the date of grant. And I will ren o u n ce any foreig n national
status to w hich I m ay o riginally b e entitled and I will reside
p eacefu lly and faithfully in the Union of Burma.
8. 1 say that the nam es, sex , p lace of birth and d ates o r approxi
mate dates of birth of m y m inor ch ild ren who a re not already
citizens of tne Union living u nd er m y so le le g a l ch a rg e or in the
209
leg al custody o f ______________ ______ ___ o f___________

who is a citizen of the Union a re as stated b elo w :—
No. Names. S ex. Date of birth, P lace of birth. Lawful G uardianship.
I d ec la re upon oath /affirmation that the particulare stated in

clau se___________ to____ ___ ___ above a re true to my know ledge
and that the particulars stated in clau se s____■
_an d ___________above
a re upon inform ation b elie v ed to b e true.
Deponent.
The above affidavit was duly sworn/affirmed
b e fo re m e b y ________________ , who has b e e n
identified b e fo re m e b y ____________________
M agistrate.
Identified b y m e Dated
Fo rm . S. AFFIDAVIT.
R e g u la tio n 3 -A
UNDER SECTION 6 (2) OF THE UNION CITIZENSHIP ACT.
I ,______________ a g ed ____ ______ so n / d au g h te r o f ______

______,b y re lig io n ____________, and by o ccu p ation__________
_______ , resid en t o f _____________ do on oath/affirmation state
as follow s:—
1. I say that I was b o rn a t _____ _______ o n ___________

2. I say that I have re sid ed continuously within the territo ries
form ing part of the Union of Burma for the p erio d s stated
b elo w :—
F ro m ______________________ to___________a t _________________
F r o m ______________________ to_________ at
The total p erio d of such re sid e n c e b e in g __ ____________years.
I say that my father is/ w a s ___________b y ra c e and
b y nationality and his nam e is/was______________
210
I
4. I say that my m other is/was___________b y ra c e a n d _______ _
b y nationality and h e r nam e is/was_______________________ _
4A, Particulars of g ran d parents, if n e cessa ry .
5. I say that I am m arried/bachelor/spinster /widow/widower.
6. I say that my w ife /husband's nam e is ____________________
7. I say that I can sp eak and understand Burmese/Chin/Kachin/
Karen/Shan language.
8. I say that my identification m arks a re as follow s:—

H e ig h t:—
Colour of E yes :—
Colour of Hair : —
O ther distinguishing m arks :—
9. I say that I will ow e alleg ian ce to the Union of Burma.
10. I say that I d ecla re that I elect to retain citizenship of the Union.
11. I say that I d ecla re on oath/affirmation that I am willing to

renou nce any other citizenship to which I may originally b e
entitled. I herew ith su rren d er my F o reig n ers Regulation
C ertificate ( if an y).
12. I say that I b e a r a g ood ch aracter.
13. I say that I have not com m itted any act prejud icial to the
security, p e a ce o r in terest of the Unicn of Burma.
14. I say that I am not u nder a disability m entioned in section 2

of the Union Citizenship Act, 1948.
16. I say that I intend to re sid e perm anently within the territories
of the Union of Burma.
16. I say that the nam es, s e x e s, p la ces of birth and dates o r
approxim ate d ates of births of my m inor child ren who a re not
alread y cilizens of the Union living u nd er my so le lawful
guardianship o r u nd er the lawful guardianship of
_______ _ _ o f ____________ _ who is a citizen of the Union a re
as stated b elo w :-
Names. S ex. P lace of birth. Date of birth. R esid en ce.
211
17. I say that the two co p ies of photographs attached herew ith a re
m ine and a re duly sig n ed b y me.
18. I say that I claim that I am entitled to g et a certificate of

citizenship of the Union of Burma b e c a u s e ,__________________
I d ecla re upon oath/affirmation that the particulars stated in
I cla u se s___________ ab o v e a re true to my k no w led ge and that the

I particulars stated in clau ses__________ ab o v e a re upon information
b elie v ed to b e true.
Dated 19
Identified b y me, D eponent.
The ab o v e affidavit was duly sw orn /affirm ed

b e fo re m e b y ________ who has b e e n identified
b e fo re m e b y ________
M agistrate.
iiForm R.
Regulation 3
NOTICE OF INTENTION TO APPLY FOR NATURALIZATION.
(U uder proviso to sectio n 7 (1 ), Union Citizenshap Act, 1948.)
To
T h e D istrict M agistrate,
son/daughter of _________ b y occupation

'.S
______ and b y relig ion
resid in g at __________ h e re b y give .V r
notice in w riting of m y intention to apply for a certificate of
naturalizction as re q u ired b y the proviso to section 7 ( 1 ) of the
Union Citizenship Act, 1948, and state as follows
(a) I was b o rn at on
(b) I am a _____ national.
(c) I cam e fro m _____ arrivin g Burma on
(d) I h ave re sid ed at within the territo ries
form ing part of the Union of Burma as follows
From to at
212 21 3
The total p e rio d of such continuous re sid e n c e b e in g ____ _ y ears Form . I.
(e) I am of g oo d ch a ra cte r and re fe re n c e m ay b e m ade to

DECLARATION OF ALIENAGE OF THE CITIZENSHIP OF THE UNION.
(U n d e r section 9 (2)/17 of the Union Citizenship Act, 1949.)
(1) (2)
I,. _son/daughter of ______ to whom a
(f) I can sp eak the Burm ese language.
certificate of naturalization/citizenship (N o. _______ ) has b e e n
(g) I intend to re sid e p erm anen tly within the Union of Burma or granted, having attained my m ajority within one y ea r b efo re the
to en ter or continue in the se rv ic e of the Union or any
constituent state th ereo f o r in an und ertaking of a religiou s, p re sen t date (h a v in g retain ed the status of a British S u b ject), do
ch aritab le o r com m ercial ch aracter estab lish ed in the Union if a d e c la re on oath/ affirmation that I do h e re b y ren ou n ce my nationality
as a citizen of the Union of Burma.
certificate of naturalization is granted.
(h) I u nder ake to furnish prom ptly any ch an g e of ad d ress. Deponent.
( i) I shall b e true, loyal and faithful to the G overnm ent of the T he ab ove d eclaration was sworn/affirmed b efo re m e
Union of Burma. a t_________ on th e_______________ day o f_______________19
Dated APPLICANT.
F ees K /-paid. Official Title
— X—
F o rm H.
—x —
DECLARATION OF ALIENAGE OF FOREIGN NATIONALITY. 1
(Under section 5 (a),5(c),7,8,11(3),12(1) of the Unoin Citizenship Form J.
Act, 1948).
DECLARATION OF ELECTION TO RETAIN UNION CITIZENSHIP.
I, son/daughter of lately
(U n d er section 5(a),5(c), 12(1) of the Union Citizenship Act, 1948)
a ________________ national and on th is____________________ day of
________________ 19 , having b e c o m e a citizen of the Union of
Burma, do d e c la re on oath/affirmation that I do h e r e b y renou nce I, son/daughter of for the
any fo reig n national status to w hich I m ay originally b e entitled, pu rp o ses of assertin g m y Union Citizenship, do d ecla re on
and that I will ow e alleg ian ce to the Union of Burma. oath/affirmation that I ele c t to retain the citizenship of the Union of
Burma.
Deponent. D eponent.
The abo v e d eclaration was sworn/affirmed b e fo re me The ab o v e declaration was sworn/affirmed b e fo re m e
at on th s__________day o f_____________19
on th e_______________day of____________ 19 ( F e e s K. /-paid)
(F e e s K. /- paid at_____________ T reasu ry b y chalan N o.________
d ated
D istrict M agistrate. D istrict M agistrate.

Consulate.
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APPENDIX II.
SECTION 2 AND F IR S T S C H E D U L E OF
T H E B U R M A IN D E PEN D EN C E ACT, 1 9 4 7 .
Section 2. (1) Subject to the provisions of this section,

the persons specified in the First Schedule to this Act, being
British subjects immediately before the appointed day, shall on
that day cease to be British su b jects:
Provided that a woman who immediately before tlie
appointed day is the wife of a British subject shall not cease
by virtue of this sub-section to be a British subject unless her
husband ceases by virtue of this sub-section to be a British
subject.
(2) A person who by virtue of fub-srclion (1) of this

section ceases to be a British subject on the appointed day
and is immediately before that day domiciled or ordinarily
resident in cither—
(a) any part of the United Kingdom ;
(b) any o f the Channel Islands;
(c) the Isle of Men;
(d) Newfoundland ;
(e) any colony;
(f) any territory in respect of which a mandate from the
League of Nations v\as accepted by His M ajesty, being
a territory under the sole administration of His
M ajesty’s Government in the United Kingdom;
(g) any territory administered under the trusteeship system
of the United Nations, being a territory under the sole
administration of His M ajesty’s Government in the
United Kingdom ;
(h) any British protectorate;
(i) any B ritish protected state outside B u rm a; or
(k) any other place outside Burma in which, by treaty,
capitulation, grant, usage, sufferance or other lawful
means, His M ajesty has jurisdiction over British
subjects,
m ay, by a declaration made before the expiration of the two
years beginning with the appointed day to such person and
in such manner as may be prescribed, elect to remain a
British subject, and if he so elect, the provisions of sub-section
( 1 ) of this section (including the proviso thereto) shall be
228
deemed never to have applied to or in relation to him or,

except so far as the declaration otherwise provides, any child
of his who is under the age of eighteen years a t the date of
the declaration :
Provided lh a t a declaration under this sub-section shall
be of no effect unless it is registered in th e prescribed m anner
in pursuance of an application m ade w ithin, or w ithin the
prescribed period after the expiration of the said tw o years.
In this sub-section, the expression “p rescribed” means
prescribed by regulations of the Secretary of S tate or of such
G overnm ent, au thority or person as m ay be authorised in th a t
behalf by the Secretary of S tate, and different provision m ay
be m ade under this sub-section for different clauses of cases.
(3) A person who by virtue of sub-section (1) of this

section ceases to be B ritish subject on th e appointed day, not
being such a person as is m entioned in sub-section (2) of this
section shall, if on th a t day he neither becomes nor becomes
qualified to become, a citizen of the independent country of
B urm a for which provision is m ade by section one of this Act,
have the like right, of election as is provided for by sub-section
(2) of this section, and the said subseciion (2) shall have effect
accordingly.
(4) If provision is m ade by the law of any p a rt of His

M ajesty’s dom inions not 'mentioned in sub-section (2) of this
section for th e excercise by any persons, being persons
domiciled or in any territo ry adm inistered by th e Governm ent
thereof, of a right to elect not to cease to be B ritish subjects
on the appointed dav by reason of B urm a becoming an
independent country on th a t day, th en so far as is necessary
to give effect under the law of th e U nited Kingdom to the
results flowing under the law of th a t p a it of Ilis M ajesty’s
dominions from the exorcise of the rifiht of election, the
provisions of sub section (I) of this section shall be deemed
never to have applied to or in relation to , or to or in relation
to the children of, the persons who duly exercise th a t right.
(5) Save as provided in this section, no person who is a

British subject im m ediately before the appointed day shall
cease to be a B ritish subject by reason of B urm a ceasing on
th a t day to be p a rt of llis M ajesty’s dom inions.
229
(6) The exercise by a person of any such right of election

as is referred to in sub-section (2), sub-section (3) and
sub-section (4) of this section shall not render unlawful
anything done before the date of the election which would
have been lawful if the election had not been made.
T H E F IR S T S C H E D U IE .
(PERSONS WHO CEASE TO BE BRITISH SUBJECT.)
1. The persons who, being British subjects immediately

before the appointed day, are, subject to the provisions o f
section two of this Act, to cease on that day to be British
subjects are the following persons, that is to say—
(a) persons who were born in Burma or whose father or
paternal grandfather was born in Burm a, not being
persons excepted by paragraph 2 of the Schedule from
the operation of this sub-paragraph; and
(b) women who were aliens at birth and became British
subjects by reason only of their marriage to any such
person as is specified in sub-paragraph (a) of this
paragraph.
2. (1) A person shall be deemed to be excepted from the

operation of sub-paragraph (a) of paragraph 1 of this Schedule
if he or his father or his paternal grandfather was born
outside Burma in a place which, at the time of the birth, —
(a) was within His M ajesty’s dominions, was a British
protected state, was a territory in respect of which a
mandate from the League of Nations had been
accepted by His Majesty and which was under the
administration of the Government of any part of
His M ajesty’s dominions or was a territory under the
trusteeship system of the United Nations which wa*
under the administration of the Government o f any
part of His M ajesty’s dominions; or
(d) was a place where, by treaty, capitulation, grant,
usage, sufferance or other lawful means, His Majesty
had jurisdiction over British subjects:
Provided th at a person shall not be exccpted under
this sub-paragraph from the operation of the said sub-paragraph
(a) by virtue of the place of birth of his father or paternal
230
g ran d fath er u n less th e fa th e r o r, as th e case m ay b e , his

p a te rn a l g ra n d fa th e r, was a t som e tim e b efo re th e ap p o in ted
d ay a B r itis h s u b je c t.
(2) A p erso n sh a ll also b e deem ed to b e ex cep ted from

th e o p e ra tio n o f th e said su b -p a ra g ra p h (a) i f he or his fa th e r j
or his p a te rn a l g ra n d -fa tlie r beco m e a B r it is h s u b je c t b y
n a tu ra liz a tio n or b y a n n e x a tio n o f an y te r r ito r y w h ich is
o u tsid e B u r m a .
(3) W h e re , in p u rsu an ce o f th e B r it is h N a tio n a lity and

S ta tu s o f A liens A c t, 1 9 1 4 , th e n am e o f a ch ild has b een
in clu d ed in a c e r tif ic a t e o f n a tu ra liz a tio n g ra n ted to his p a re n t,
or w h ere, in p u rsu an ce o f a n y A c t rep ealed b y t h a t A c t, an y
ch ild has b een deem ed to be a n a tu ra lised B r itis h s u b je c t
b y reason o f resid en ce w ith his p a re rit, t h a t ch ild s h a ll, for
th e pu rposes o f th is p a ra g ra p h , be deem ed to h a v e b eco m e a
B r itis h s u b je c t b y n a tu ra liz a tio n .
3 . F o r th e purposes o f th is S ch ed u le, a person born in

a ship , o th e r th a n an u n reg istered sh ip , sh a ll b e deem ed to
h av e been bo rn in th e c o u n try in w h ich th e ship w as reg istered .
4 . I n th is S ch ed u le th e ex p ressio n “ B u r m a " m eans the

te rrito rie s w h ich , im m ed iately b efo re th e a p p o in ted d ay , were
inclu d ed in B u rm a .
23 1
INDEX
A. carrier 66,73
cease to be a citizen 21,117,127,
abetment 61.87 153,155,158,162,163,167
accused undergoing sentence 60 ceasing to be employee 15
address, change of 34,35 ceasing to be master of vessel 15
address, absence from 34 certificate of citizenship 97,113,
adjudgment by officer 83 117,173
certificate of naturalization 113,
admission of alien 8 117,125,175
adverse possession 99,101 certficate of registration 32
affidavit 196,205,208,209 certificate, retrospective
alien (see foreigner) 6,7, effect of 97,98,100
alien lives on sufference 72 certificate, production of 34
alien, right to leave 40. change of address 35,212
allowances, hereditary 102. change other than address 35
alter 43,50,88. child 113,115
annex conditions 6. children below 18 32
application for citizenship 173, children of govt servant 44
175,196,203,206 children, names of 144
apply for citizenship 123,130,135, citizen 114,117
144,146,148,152,173 citizen, can’t be deported 79,84
apply for naturalization 130,137, citizen, cease to be 21,47,127,153
142,154,175 155,162,163,173
apply for, how to 131,173,175,203 citizen, constitution 116,117,118,
apprehension 12,15 119
arrest 22,48,55,58,67 citizen, entry without passport 68
82,85 citizen, m ere birth 70,120,123,129
arrest procedure on 12,15 citizen, mistake by 21
arrival, to report 14,30 citizen, recognized 120,123,129
assists 87 citizen section 4 (2) 79
attempt 61 Citizenship Act 112
Citizenship (Election) Act 114,116,
B. 117.119
bail 13,16,55,59. citizenship, apply for 123,130,135,
bar to proceedings 144,146,148,152,173
18.28 citizenship certificate,
benefits out of land 102. 97,113,115,
birth, m ere 70 citizenship, election of117,120,123 114,116,
board, birth on 132 117.119
born outside Union 148,150 of child 144,146,148,150
Brittanic Majesty 112.117,191 ” of minor 144,146,148,150
burden of proof 24,90 ” re-acquire 161
Burma Independence Act 116,227 revocation of 128,163,167
Burma Naturalization Act 142 ” of wife 146
C. ” of woman 146
cancellation of certificate 167,202 commission by foreign court 62
cancel registration 110. commital ....................... 55
caravan traders 44. confiscation ... 106,108,110
232
INDEX
com pany ............... 96 divest 161,162

constitution, com m encem ent 154 doors 102
conditions annex 6 doubt as to status 135
Constitution s. 10 118 duplicate copy 42
s. 11 ... 116,118 duration of o rd er 91
s. 12 196
s. 121 ... 9.105. E.
s. 222 9,105
consul 20 earth, attached to 102
consulate 113 easem ent 99,101
contravention 67,77,78,79,80 electio n of citizenship 116,117,
C ontroller 10,66 119,120,189
” pow ers of 69,70 em b ed d ed in 102
co n v eyan ce 66,95,101,104 em p lo y ee of v e s se l 15
convicted p erso n 61 en d orsem en ts 68
co-ow n ers 99,101 en fo rcem en t 13,66
Court sale 101 entry 47
Court trial 90 entry, bu rd en of p roof 90
c ie w 67 by o fficer 22
custody 56 prohibition of 68,73
entry visa 50
D.
entry without passport 50
entry without visa 50
declaration 131,144,146,148,156, enquiry 196
161,195,201,212,213 ex ch a n g e 101
d fe d s , registration of 107 exclusion, right of 8
definition of citizen 119 exem p t . 27
deiinition of extradition 54 exem ption 18,28,47,50,85,103,105
” of fo reig n er 3,4,5,20,67,95 exem ption o rd e r 44
” of im m oveable p ro p erty expel 6,7
95,102 ex ten d hospitality 6
” passport 47 Extradition Act 52,54
d elegation of pow ers 67 extradition, definition 54
d ep o rt, who may 9
d ep orted , to b e 5,6. F.
" for contravention 77
" for failure to renew 25 failure to ren ew 24,26
deportation of citizen 79,84 false rep resen tatio n 43,88,168
deportation in lieu of false statem ent 43,88,168
prosecu tion 77 father 113,115
d escen d ed 120 fees 22,42,85,86.179,181,183,199
destruction of certificate 42 fe rrie s 102
d etention 12,63,76 fish e rie s 102
detention of illeg al entrants fo reig n national status ( s e e
76,86 d eclaration)
d ifferen ce, citizenship and F o re ig n e rs Act 3
naturalization 129 fo reig n er, definition 3,4,5,11,95
dis-ability 113
d isch arge fo reig n er, d ep o rted , to b e 5,6
56,59
disposal 110 fo reig n er, holding p ro p erty 99
diplomat 20,85 p ro o f of 5,24,90
233
INDEX
foreigner not to travel 15 inquiry by magistrate 55

refusal to remove 13 issue of passport 47
Registration Act 19,20
” Certificate 4 L.
foreigners registration
form A 32 land border 44
AA 33 language 41,173,177
B 32 lease 95,101,104
C 36 lease by govt: 103,104
D 38,42,74 leave, right to
E and F 41,42 76
eigner to remove himself 5 leave the Union 40
" report arrival 14 legal proceeding 18
" right to leave 76 license, conditions 15
foreign state 54 ’’ what to state 15
forge 43,50,88 " without 15
fugitive'criminal 54 ” revoke 15
list of passengers 17
G.
lose status 21,117, 127,153,155,
generations 118 158,162,163
gift 95,101,102 loss 42
grant of citizenship 120,123
grant of naturalization 125 M.
market value 106
H m arried woman 146
holding property foreigner 99 master comply 18
home 118,120 ” neglect 18
hospitality 6 ” of vessels 15,17,29,40,73
hotel keeper to report 36 m ere birth 70
human right 40 minister to exercise pow er 106
hut 102 minister 113,115,190,194
mistake by citizen 4,20
I. m ortgage 95,100,101,105,107
identity, proof of 44 mother 113,115
illegal entrants 76,86
illegal transfer, penalty 106 If.
Immigration Act 66 names of children 144
controller 10
permit 67,68 naturalization 125,129,137,140
officer 20 " apply for 130,137,140,
immoveable property 95,102 142,154,175
im pede officers 43 ” and citizenship 129
impersonate 87 ” of arm ed forces
incorporated 96
indigenous races 115 to 119,189 personel 154
individuals, body of 96 non-registration 108
inheritance 99,101 not transfer, who 103
23 i
INDEX
0. p e rscrib e d routes 73
P resid en ts pow er 5,8,9,28,59,85
oath . 73
o b jectio n 193 105,108,196
obstruction of 40 p ro ed u re for registration 31
obstructing officers 18,43 production of certificate 34
production of p roof 31
o ffen ces 64,86,87
offen ces at sea 62 prohibition of entry 47,67
old certificate 32 prohibition o f'tra n sfer 98
proof of 24
proof, bu rd en of 90
P.
p roof of fo re ig n e r 5,90
p arent 113,115 p ro o f of identity 34
particulars in passport 49 property, im m oveable 95
particulars of offence 88 property, transfer of 95,100
partition 99,101
p artn ership 96 R.
p a sse n g e r 29,67
p a sse n g e rs, list of 17 races, indigenous 115,116,117,
189
p assport 47,67,68
races, p erso n s of 79
P assport Act 47
re -e n try visa 86
p erio d of validity 33
re fe re n c e to High Court 55
p erm anent hom e 118,120
refusal to rem ov e 13,17
perm ission 103
re g iste red 110
perm it, 67
re g iste re d ad d ress 29,34,35
perm it im m igration 68
registration 102,201
perm it, withdraw 71
registration to can cel 110
p e rso n al covenant 100,107
registration certificate
p erso n 103
loss of 42
p erso n ate 43 34
producfion of
penalty 24,47,86,87,106 42
soiled
penalty for false answ ers 17 37
su rren d e r of
penalty for n eg le ct 18 42
w orn out
penalty for obstructing 18
p etro l pump 102 registration of d ee d 107
political offences 57,59 " of fo reig n ers 4,19,20
possession in contravention 43,50 ” o fficer 30
of passport 47 " p ro ced u re 31
" of perm it 88 rem ov e him self 5
" without cause 43,50 rem oved , to b e 5,48
po w ers of arrest 47 rem oval, after arrest 16
p o w ers of con troller 69 rem oval p o w er of 47
" to exem pt 27,105 renew al, 30 days 33
im m igration officer 20 ren ew al b y fo reig n er 24
p ow er to m ake ru les 23,47,48,63, renew al of p assp crt 47
91,109,169,197 renunciation 201
p ow ers of P resid en t 5,8,9,28,59, rep o rt of a b se n ce 34
85,105,108,1 &6 rep o rt of ad d ress 30
p o w ers of rem oval 47 ” of arrival 14,30
p re sc rib e d 20,67 ” of ch an g e 30,34,35
23 5
INDEX
report by hotel keeper 36 T.

" of magistrate 55
" to magistrate 16 tam per 43,50,58
" neglect to 15 tem porary certificate 38
requisition for surrender’ 54 transit visa 86
residence 30 transfer 95,100
restricted, what not 99 " to foreigner 98
retrospective effect 97,97,100 ” of immoveables 95
return false 87 travel contrary to license 15
revalidation 42 travel without license 15
revocation of citizenship treaties 62
128,163 to 167 trial Court 109
revoked by President 91 trial, summary 88
right to deport 6 tourist 30
” to ferries 102 " cease to be 34
" to fisheries 102 " certificate 38
" to leave 76 ” particulars 32
” to light 102
" of state 6 U.
" of ways 102 Union Citizenship Act 21
rooted in 102 Union Citizenship (Election)
rules (detention) 92
rules, power to make 23,47,48, Act 114,116,117,119
63,91,109,169,197
S. validity, period of 33
sale 95,101,104 vessels 20,29,44
sale by court 101 ” employees of 15
sanction 109 " master of 15
scope 96,99 " officers of 17
seaman 30 vice-consul 20
seasonal labour 44 visa, entry 50
secretaries, chief, visa 68,86
additional 10,106 void ab initio 98,107
special re-entry visa 86 void ab initio, not 107
soiled 42
sovereignty 9 w.
state 6,103 warrant for surrender 56
stateless 4,11 wife of govt servant 44
stay permit 68 windows 102
sufference 7,8, withdraw permit 71
suspension of 61 woman, m arried 146
surrender of citizenship 161,162 worn out 42
surrender of registration
certificate 37
surrender, registration, for 54
summary trial 88

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THE LAW RELATING TO

FOREIGNERS AND CITIZENSHIP

( Containing the ■Foreigners, Registration

SECOND ENLARGED EDITION

All fights reserved

83R D . M ERCH ANT ST RE E T.

PriceK. 15/- M ANDALAY.

foreigners and to citizenship matters is a long*

1. The Foreigners Act, 1864. 1.

2. The Registration of Foreigners Act, 1940. 19.

3. The Registration of Foreigners Rules, 1948. 29.

4. Exemptions under the said Act. 44.

5. The Burma Passport Act, 1920. 47.

6. The Burma Passport Rules, 1948. 49.

7. The Burma Extradition Act, 1903. 52.

8. The Burma Immigration ( Emergency Provisions)

9. The Burma Immigration (Detention) Rules, 1951. 92.

10. The Transfer of Immoveable Property (Restriction)

11. The Transfer of Immoveable Property ( Restriction)

12. The Union Citizenship Act, 1948. 112.

13. The Union Citizenship Regulations, 1949. 171.

14. The Union Citizenship (Election) Act, 1948. 189.

15. The Union Citizenship Election Rules, 1948. 197.

16. Appendix I - Forms. 203.

17. Appendix II-Burma Independence Act, 1947. 227.

18. Index. 231.

4. in 4th line for 'section 1 ’ read ‘ section 3\

9. in 11th line from bottom for ‘ 22* read ' 222\

9. in 7th line from bottom for 1131 ’ read ‘ 121 \

22. in 4th line delete the second ‘ of*.

23. in clause e (ii) for ' snch * read ‘ su ch '.

28. in section 7 for 'anythig* read ‘ anything'.

57. in 9th line for ’ fr o n ’ read ‘ from*.

108. in 3rd line for ‘ 750 ’ read ’ 7750

115. in 20th line for ‘ m oh er’ read ’ m other’.

121. in 6th line from botton for ’ signt’ read ’ sight’ .

123. in 16th line for 'in 11 * read ‘ w ill’.

125. in 11th line for ‘ n a d e’ read ‘ made*.

128. in 17th line for ‘ registrated' read .reg istered ’.

129. in 5th line for ‘ r e v o le d ’ read ‘ re v o k e d ’.

133. in 15th line for ’ no ’ read ' not \

151. in 17th line for ' ub * read ' sub *.

155. in 13th line for * obtaing * read ' obtains ’ .

156. in 7th line for ‘ contem plate’ read ’ contemplated *

168. in 5th line for 6o j- r o ’ read fcjo -o o ’

195. in 11th line from bottom for ( 5 ) read ( 4) .

The warm reception accorded to the first edition of the

Besides the Union Citizenship Act and Regulations in Burmese,

I am perfectly aware of the obvious limitaions and imperfec­

PREFACE TO THE FIRST EDITION.

On Burma attaining independence on 4th January 1948, it ceased

The book contains the law relating to foreigners, their entry1

The author takes this opportunity of expressing his gratitude

The book is written for use of the legal profession and

Names o f Parties Rulings Pages

Names of Parties Rulings Pages

Maung Ko Gyi V The Union of Cri Rev. No.72-B of

2. Proof o f being a foreigner.

3. President may order any foreigner to remove himself

3A. Foreigner may be apprehended and detained pending

4. Foreigner refusing to remove, or returning without

5. President may order all the provisions of this Act

6. Every foreigner to report his arrival in the Union of

I am perfectly aware of the obvious limitaions and imperfec

(3) Any person executing a warrant under sub