Article 120-127 Singapore Constitution 1963

Article 120-127 Constitution of Singapore 1963

Article 120, 121, 122, 123, 124, 125, 126, 127, among others, of the Constitution of Singapore 1963 are under Part X of the Constitution. Part X is titled Citizenship.

Article 120 Singapore Constitution 1963

Status of citizen of Singapore

(1) There shall be a status known as citizen of Singapore.
(2) The status of a citizen of Singapore may be acquired —
(a) by birth;
(b) by descent;
(c) by registration or, before the commencement of this Constitution, by enrolment; or
(d) by naturalisation.

Article 121 Singapore Constitution 1963

Citizenship by birth

(1) Subject to this Article, every person born in Singapore after 16 September 1963 shall be a citizen of Singapore by birth.

(2) A person shall not be a citizen of Singapore by virtue of clause (1) if at the time of his birth —
(a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President;
(b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or
(c) neither of his parents was a citizen of Singapore.

(3) Notwithstanding clause (2)(c), the Government may, where it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore.

Article 122 Singapore Constitution 1963

Citizenship by descent

(1) Subject to clauses (2) and (3), a person born outside Singapore after 16 September 1963 shall be a citizen of Singapore by descent if, at the time of his birth —
(a) where the person is born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore, by birth or registration; and
(b) where the person is born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore, by birth, registration or descent.

See also  Article 38-45 Singapore Constitution 1963

(2) A person born outside Singapore shall not be a citizen of Singapore by descent by virtue of clause (1) unless —
(a) his birth is registered in the prescribed manner at the Registry of Citizens or at a diplomatic or consular mission of Singapore within one year, or such longer period as the Government permits, after its occurrence; and
(b) he would not acquire the citizenship of the country in which he was born by reason of his birth in that country where —
(i) in the case of a person born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore by registration at the time of his birth; or
(ii) in the case of a person born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore by registration at the time of his birth.

(3) Without prejudice to clause (2), a person born outside Singapore of a father or mother who is a citizen by descent at the time of his birth shall not be a citizen of Singapore by descent by virtue of clause (1) unless the parent who is the citizen by descent has lawfully resided in Singapore —
(a) for a period of, or for periods amounting in the aggregate to, not less than 5 years before that person’s birth; or
(b) for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that person’s birth.

(4) A person who, being a minor, becomes a citizen of Singapore by descent shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule and where the Government so requires divests himself of any foreign citizenship or nationality.

See also  First Schedule Singapore Constitution 1963

Article 123 Singapore Constitution 1963

Citizenship by registration

(1) Subject to the provisions of this Constitution, any person resident in Singapore of or over the age of 21 years may, on application being made therefor in the prescribed form, be registered as a citizen of Singapore if he satisfies the Government that he —
(a) is of good character;
(b) has resided in Singapore throughout the 12 months immediately preceding the date of his application;

(c) has during the 12 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 10 years:
Provided that the Government may exempt any applicant from compliance with this paragraph —
(i) where such applicant has during the 6 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 5 years; or
(ii) where in any special case the Government considers fit to confer citizenship upon such applicant;

(d) intends to reside permanently in Singapore; and
(e) has an elementary knowledge of one of the following languages, namely, Malay, English, Mandarin and Tamil:
Provided that the Government may exempt an applicant who has attained the age of 45 years or who is deaf or dumb from compliance with this paragraph.

(2) Subject to the provisions of this Constitution, any woman who is married to a citizen of Singapore may, on making application therefor in the prescribed manner, be registered as a citizen of Singapore if she satisfies the Government —
(a) that she has resided continuously in Singapore for a period of not less than 2 years immediately preceding the date of the application;
(b) that she intends to reside permanently in Singapore; and
(c) that she is of good character.

Article 124 Singapore Constitution 1963

Registration of minors

(1) The Government may if satisfied that a child under the age of 21 years —
(a) is the child of a citizen of Singapore; and
(b) is residing in Singapore,
cause such child to be registered as a citizen of Singapore on application being made therefor in the prescribed manner by the parent or guardian of such child.

(2) The Government may, in such special circumstances as it thinks fit, cause any child under the age of 21 years to be registered as a citizen of Singapore.

Article 125 Singapore Constitution 1963

Effect of registration

Subject to Article 126, a person registered as a citizen of Singapore under Article 123 or 124 shall be a citizen of Singapore from the date on which he is so registered.

See also  Article 85-92 Singapore Constitution 1963

Article 126 Singapore Constitution 1963

General provisions as to registration

(1) No person shall be registered as a citizen of Singapore under Article 123 until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.

(2) Except with the approval of the Government, no person who has renounced or has been deprived of citizenship of Singapore under this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) shall be registered as a citizen of Singapore under the provisions of this Constitution.

(3) Any person who becomes a citizen of Singapore by registration under section 13 of the Singapore Citizenship Ordinance 1957 or Article 124 shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.

Article 127 Singapore Constitution 1963

Citizenship by naturalisation

(1) Subject to clause (4), the Government may, upon application made by any person of or over the age of 21 years who is not a citizen of Singapore, grant a certificate of naturalisation to that person if the Government is satisfied —
(a) that he has resided in Singapore for the required periods and intends, if the certificate is granted, to do so permanently;
(b) that he is of good character; and
(c) that he has an adequate knowledge of the national language.

(2) The periods of residence in Singapore or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than 10 years in the 12 years immediately preceding the date of the application for the certificate and which include the 12 months immediately preceding that date.

(3) A person to whom a certificate of naturalisation is granted shall be a citizen of Singapore by naturalisation from the date on which the certificate is granted.

(4) No certificate of naturalisation shall be granted to any person until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.


See also:

Article 128-135 Singapore Constitution 1963

Article 136-141 Singapore Constitution 1963

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