A child of mixed marriage between a native and non-native is now considered as native after the passage of the Interpretation (Amendment) Bill

 KUCHING, February 15, 2022 - A child of mixed marriage between a native and a non-native is considered as a native with the passage of the Interpretation (Amendment) Bill, 2022, which was unanimously supported by both the government and opposition lawmakers.

Picture: Sharifah Hasidah says the amendment will solve the predicaments of a child of mixed marriage

State Assistant Minister of Law, Malaysia Agreement 1963 and State-Federal Relations Datuk Sharifah Hasidah Sayeed Aman Ghazali, however, said the native status is subject to the conditions and requirements to be imposed by the State Cabinet.

“This amendment (on a child from a mixed marriage) is timely and a way forward for Sarawak where mix marriages are common,” she said when tabling the bill in the State Assembly. 

“With this amendment, a child will be considered a native as long as either parent is a native,” she adding that there is no longer a requirement that both parents must be a native of Sarawak, as previously required.

“This is an extremely significant and historic amendment especially to the children of mixed marriages, as this amendment will resolve the serious and dire legal predicaments to many children of mix native and non-native parents in the area of inheritance and transfer of native lands and many more other matters,” she said.

Sharifah Hasidah said the proposed amendment also includes a new Section 63 that empowers the State Cabinet to amend the Schedule in the event of any future addition to the races listed in the Schedule.

“The government is aware that this amendment maybe open to exploitations and abuse, and in view of this the government, through State Cabinet shall impose additional conditions and requirements before a person is recognized as a native of Sarawak.

“This is in addition to the pre-existing requirement that he or she must be a citizen and a natural born child of a native of Sarawak.

“Be rest assured that, although the definition of native is now broader, with the conditions and requirements imposed by the State Cabinet, the provisions in the new amendment will be safeguarded against abuse or exploitations.

“Apart from that, this amendment will not have any effect on any rights and privileges (other than the determination of native status) made or occurring prior to the date of coming into force of this Ordinance and which has been decided by a court of competent jurisdiction or by a competent authority.

“This mean that these amendments will not be retrospective,” she said.

Sharifah Hasidah said the amendment to the Interpretation Ordinance is made following the passage of the Federal Constitution (Amendment) Bill, 2021, on December 14 last year, which among others, amended Clauses (6) and (7) of Article 161A of the Federal Constitution.

She said these amendments empowered the state to determine who a native of Sarawak is through the application of State law.

“This means the power to determine who a native is returned back to the state,” she said, stating that the present definition of native of Sarawak is determined by reference to the Federal Constitution and the Interpretation Ordinance, 2005 [Cap. 61].

“With the amendment to the Federal Constitution specifically Article 161A, the state is empowered to determine which race is to be regarded as indigenous to the state, by the application of the state law,” she said.

She said the 12 additional races are included in this proposed amendment namely Bagatan, Bakong, Bemali, Berawan, Dali, Lakiput, Jatti Miriek, Narom, Sa’ban, Tatau, Tring and Vaie.

During her winding up speech, Sharifah Hasidah assured that native races which have been missed out from the list will be added accordingly by the State Cabinet.