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Citizenship (Amendment) Act 1986

THE REPUBLIC OF KIRIBATI
(No. 11 of 1986)

I assent,
Beretitenti

CITIZENSHIP (AMENDMENT) ACT 1986

AN ACT TO AMEND THE CITIZENSHIP ACT 1979
(Cap. 8A)

Commencement:
22/12/1986

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short title

1. This Act may be cited as the Citizenship (Amendment) Act 1986.

Interpretation

2. In this Act, unless the context otherwise requires -

"Citizen" has the same meaning as under the Citizenship Act 1979 (Cap 8A)

"I-Kiribati descent" has the same meaning as under the Citizenship Act 1979 (Cap 8A) -

Cap. 8A

3. The Citizenship Act 1979 (Cap 8A) is hereby amended by the insertion immediately after section 8 of a new section as .follows -

"Deprivation of citizenship

8.A (1) A person not of I-Kiribati descent who becomes a citizen by adoption or naturalisation or otherwise than by virtue of Chapter III of the Constitution shall cease to be a citizen if he is deprived of such citizenship by order of the Minister made under this section.

(2) Subject to the provisions of this section, the Minister, acting in accordance with the advice of the Cabinet, may by order deprive of his citizenship any person not of I-Kiribati descent who became a citizen by adoption, naturalisation or otherwise than by virtue of Chapter III of the Constitution if he is satisfied that it is not conducive to the public good that such person should continue to be a citizen:

(3) Upon an order being made by the Minister under this section in respect of any person, that person shall cease to be a citizen as from the date on which the order is made.

(4) An order made by the minister under this section shall not be questioned or enquired into by any court of law or be otherwise justiciable."

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CITIZENSHIP (AMENDMENT) ACT 1986

EXPLANATORY MEMORANDUM

The object of this Act is to amend the Citizenship Act 1979 (Cap. 8A) in order to empower the Minister responsible for matters relating to citizenship, acting in accordance with the advice of the Cabinet, to deprive of his citizenship any person not of I-Kiribati descent who acquired his or her Kiribati citizenship by adoption or naturalisation.

2. This Act envisages that the Minister may exercise the power of deprivation of citizenship only if he is satisfied that it is not conducive to the public good that the person affected should continue to be a citizen of Kiribati.

3. The existing Citizenship Act (Cap. 8A) which was enacted pursuant to section 28 of the Constitution does not contain any provision relating to deprivation of citizenship although the said section 28 has expressly empowered the Maneaba ni Maungatabu to enact such a provision. It is the aim of this Bill to remedy the omission.

Michael Neaua Takabwebwe
The Attorney General

LEGAL REPORT

I hereby certify in opinion that none of the provisions of the above Act conflict with the Constitution and that the Beretitenti may properly assent to the Act.

Michael Neaua Takabwebwe
Attorney General
15th December 1986

This printed impression has been carefully examined by me with the Bill which passed the Maneaba ni Maungatabu on the 15th day of December, 1986, and it is found by me to be true and correctly printed copy of the said Bill.

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Clerk to the Maneaba ni

Maungatabu

Published by exhibition -

(a) at the Public Office of the Beretitenti this 23 rd day of Dec 1986.

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Secretary to the Cabinet

(b) at the Maneaba ni Maungatabu this 23rd day of Dec 1986,

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Clerk to the Maneaba ni

Maungatabu

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Michael N. Takabwebwe
Attorney General

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