JUDGMENT

Suffian LP (read by Lee Hun Hoe CJ (Borneo):

The applicant (appellant before us) is a Malaysian citizen by operation of law.

On 6 October 1965, he was sent by the Federal Government to Sabah as Political Secretary in the Federal Ministry of Information and Broadcasting there. Early in 1966 when Tun Mustapha became Federal Minister of Sabah Affairs, he was assigned to him as his Political Secretary. He resigned from that post on 31 August 1967.

From the day of his entry into Sabah he has been continuously resident within Sabah. On 11 June 1967, he applied to the Chief Minister, Sabah, for an Entry Permit for permanent stay in Sabah. Five days later he was granted an Entry Permit to stay permanently in Sabah under s. 10 of the Immigration Ordinance, 1959 (now s. 10 of Immigration Act 1959/63, Act 155).

On 22 December 1967, he was admitted to the Sabah Bar and has practised law there ever since.

Ever since the grant of the Entry Permit the applicant has been continuously residing within the State of Sabah with his wife and children, owning his own house at No. 1-A Jalan Puncak, Kota Kinabalu. He has made Kota Kinabalu his personal place of abode, and has no intention to establish a permanent residence outside Sabah. He has three children born in Kota Kinabalu, two of whom are attending school, the third being too young.

He applied to the Native Court of Kota Kinabalu for a declaration of status as Anak Negeri Sabah (Native of Sabah) within the meaning of the Interpretation (Definition of Native) Ordinance, Cap. 64 Sabah). On 18 January 1971, he was duly declared and admitted an Anak Negeri. The Court order (Exh. DSK6) stated that the applicant was ordinarily resident in Sabah, was a member of a people indigenous to the federation of Malaysia, had lived as and been a member of a native community for a continuous period of five years immediately proceeding his claim to be a native, had borne a good character throughout that period and his stay in Sabah was not limited under the Immigration Ordinance. Thus it will be seen that the Native Court was of the opinion that he came within the definition of Native of Sabah in s. 2(1)(d) of the Ordinance. It should be observed that by s. 3(1)(b) a person claiming to be a native may apply to a Native Court to declare that he is a member of a native community, has so lived during any stated period, and while so living has borne a good character or that he is a member of a people named in para. (d) of sub-section (1) of s. 2.

He was appointed Senator on 29 September 1973, representing Sabah affairs for five years (he is no longer one today).

He has acquired immovable properties in Sabah and has interests in the following companies there:

(a) Segama Sdn. Bhd.

(b) Segama Products Sdn. Bhd.

(c) Pulau Bohayan Sdn. Bhd.

(d) Pintasan Sdn. Bhd.

(e) Zaraland Development Sdn. Bhd. and

(f) Indarasabak Sdn. Bhd.

He has twenty-five employees under his direct employment and their monthly pay amounts to about $22,000.

He has been issued with a Sabah Identity Card in place of his old Peninsular Identity Card. A Sabah Identity Card is only issued to Malaysian citizens of Sabah origin.

A general election was held in Sabah on 14 April 1976, as a result of which there was a change of Government, the new Government being controlled by the Berjaya Party led by Tun Hj. Mohd. Fuad Stephens who became the Chief Minister. Immediately after the election it came to the applicant's knowledge that Tun Stephens was contemplating to take steps to expel him from Sabah. A report to that effect appeared in the Far Eastern Economic Review on 7 May 1976. Also, before the election Tun Stephens had issued a booklet entitled Berjaya's New Order in from Sabah setting out five, objects of his party, the fifth being that the applicant would be expelled Sabah. A rumour that Tun

Stephens was contemplating taking steps to expel the applicant immediately after the formation of the Berjaya Party also appeared in th