Grant of Citizenship to Persons of Chinese Origin (Special Provisions) Act 2008

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

No. 38 of 2008.

Any person of Chinese origin, who —

has been a permanent resident of Sri Lanka since

is a descendent, presently resident in Sri Lanka, of a person who has been a permanent resident of

3.

Effect of obtaining the Status of citizen of Sri Lanka

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

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

be subject to the provisions of law for the time being in force, relating to deprivation, loss and renunciation of citizenship, in like manner and to the same extent as would be applicable to any citizen of Sri Lanka; and be deemed from and after the coming into operation of this Act, to have renounced all rights to the civil and political status which such person may be entitled to, or would have been entitled to, under any law in force in the country of origin of such person or such person’s parent, ancestor or husband, as the case may be, but for the promulgation of this

Act;

in all matters relating to, or connected with, status, personal rights, duties and holding of property in

Sti Lanka, be subject to the relevant laws of

Sri Lanka.

Any person who is entitled to apply for the grant of the status of a citizen of Sri Lanka may if he so desires, forward an application to the Controller, substantially in the Form set out in Schedule A to this Act for the issue of a

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

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

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

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

Where the application referred to in subsection (2)

Where the Minister has refused an application under subsection (3) of this section such decision shall be final and conclusive and shall not be questioned in any Court of law, and it shall be the duty of the Controller to notify the applicant of such refusal.

Where the applicant has a minor child or minor children, the applicant may, at the time of forwarding the application or by a written communication made subsequently in that behalf, request the grant of the status of citizen of Sri Lanka to such child or children as the case may be, and the inclusion of the details of such child or children in the Certificate of Citizenship issued to him in terms of section 4.

Where a request is made under subsection (1), the

Every person who applies for the grant of the status of a citizen of Sri Lanka under this Act, shall be required, on a date which shall be notified to such person, to make or subscribe under oath or affirmation a Declaration as substantially set out in Schedule C, relating to the acquisition by him of the status of a citizen of Sri Lanka. On such person making the Declaration in terms of this section, the Controller shall cause to be issued to him a Certificate of Citizenship substantially in such Form as is set out in Schedule B. Such person shall be deemed to be a of Citizen of Sri Lanka as from the date on which he makes or subscribes under oath or affirmation the Declaration as required by this section.

Every minor child or children as the case may be of the applicant, whose name is included in the Certificate of

There shall be kept and maintained a Register with the names and details of the persons who have been granted the status of citizen of Sri Lanka under this Act, substantially as set’out in Schedule D to this Act.

The provisions of this Act shall prevail notwithstanding anything to the contrary in any other law relating to the grant of Status of Citizen of Sri Lanka to persons of Chinese origin.

This Act shall be in force for a period of five years from the date on which the Act shall come into operation.

Inthe event of an inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

For the purposes of this Act,—

“Controller”, means the Controller appointed under the Immigrants and Emigrants Act (Chapter 351)

and includes such officers as are authorized in writing to exercise, perform and discharge any

Grant of Citizenship to Persons of Chinese power, duty or function conferred, assigned or imposed by the Controller, for the purposes of this Act;

“person of Chinese Origin” means a person belonging to the Chinese race, who has arrived in Sri Lanka prior to November 15, 1948 and who is legitimately resident in Sri Lanka or a person who is a descendant of such a person who is legitimately resident in Sri

Lanka.