| 41. |
|
Every
person who, immediately before the commencement of this Constitution,
is a citizen of Guyana shall continue to be a citizen of Guyana. |
Persons
will continue to be citizens on commencement of Constitution. |
| 42. |
(1) |
Every
person who, immediately before the commencement of this Constitution,
is or has been married to a person – |
Persons
entitled to be registered as citizens. |
| |
|
(a) |
who
continues to be a citizen of Guyana by virtue of the preceding
article; or |
| |
|
(b) |
who,
having died before the commencement of this Constitution,
would, but for his or her death, have continued to be a citizen
of Guyana on that date by virtue of that article, shall, if
not otherwise a citizen, be entitled, upon making application
and upon taking the oath of allegiance, to be registered as
a citizen of Guyana:
Provided that the right to be registered
as a citizen under this paragraph shall be subject to such
exceptions or qualifications as may be prescribed in the
interests of national security or public policy.
|
| |
(2) |
Any
application for registration under this article shall be made
in such manner as may be prescribed. |
| 43. |
|
Every
person born in Guyana after the commencement of this Constitution
shall become a citizen of Guyana at the date of his birth:
Provided that a person shall not
become a citizen of Guyana by virtue of this article if
at the time of his birth –
|
Persons
born in Guyana after commencement of Constitution. |
| |
|
(a) |
his
father or his mother possesses such immunity from suit and
legal process as is accorded to an envoy of a foreign sovereign
power accredited to Guyana and neither of them is a citizen
of Guyana; or |
| |
|
(b) |
his
father or his mother is an enemy alien and the birth occurs
in a place then under occupation by the enemy. |
| 44. |
|
A
person born outside Guyana after the commencement of the Constitution
shall become a citizen of Guyana at the date of his birth
if at the date his father or his mother is a citizen of Guyana
otherwise that by virtue of this article. |
Persons
born outside Guyana after commencement of Constitution. |
| 45. |
|
Any
person who, after the commencement of this Constitution, marries
a person who is or becomes a citizen of Guyana shall be entitled,
upon making an application in such manner and taking such
oath of allegiance as may be prescribed, to be registered
as a citizen of Guyana:
Provided that the right to be registered
as a citizen of Guyana under this article shall be subject
to such exceptions or qualifications as may be prescribed
in the interests of national security or public policy.
|
Marriage
to citizen of Guyana. |
| 46. |
(1) |
If
the President is satisfied that any citizen of Guyana has
at any time after 25th May, 1966 acquired by registration,
naturalisation or other voluntary and formal act (other than
marriage) the citizenship of any country other that Guyana,
the President may by order deprive that person of his citizenship. |
Deprivation
of citizenship on acquisition of, or exercise of right of,
another citizenship. |
| |
(2) |
If
the President is satisfied that any citizen of Guyana has
at any time after the 25th May, 1966, voluntarily claimed
and exercised in a country other that Guyana any rights available
to him under the law of that country, being rights accorded
exclusively to its citizens, the President may by order deprive
that person of his citizenship. |
| 47. |
(1) |
Every
person who under this Constitution or any Act of Parliament
is a citizen of Guyana or under any enactment for the time
being in force in any country to which this article applies
is a citizen of that country shall, by virtue of that citizenship,
have the status of a Commonwealth citizen. |
Commonwealth
citizens.
O. 38/1987 |
| |
(2) |
Every
person who is a British subject without citizenship under
the British Nationality Act 1948, continues to be a British
subject under section 2 of that Act or is a British subject
under the British Nationality Act 1965 shall, by virtue of
that status, have the status of a Commonwealth citizen. |
| |
(3) |
The
countries to which this article applies are Australia, the
Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica,
Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati,
Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand
and Island Territories and Self-Governing Countries in free
Association with New Zealand, Nigeria, Papua New Guinea, Seychelles,
Sierra Leone, Singapore, Solomon Islands, Sri Lanka, St. Lucia,
St. Vincent, Swaziland, Tanzania, Tonga, Trinidad and Tobago,
Tuvalu, Uganda, United Kingdom and Colonies, Western Samoa
and Zambia. |
| |
(4) |
The
President may from time to time by order subject to affirmative
resolution of the National Assembly amend paragraph (3) by
adding any country thereto or by deleting any country therefrom. |
| 48. |
|
Parliament
may make provision – |
Powers
of Parliament. |
| |
|
(a) |
for
the acquisition of citizenship of Guyana by persons who do
not become citizens of Guyana by virtue of the provisions
of this Chapter; |
| |
|
(b) |
for
depriving of his citizenship of Guyana any person who is a
citizen of Guyana otherwise than by virtue of article 41 (in
so far as it relates to persons who became citizens of Guyana
by virtue of articles 21, 23 and 24 of the Constitution of
Guyana annexed to the Guyana Independence Order), 43 or 44;
or. |
| |
|
(c) |
for the
renunciation by any person of his citizenship of Guyana. |
| 49. |
(1) |
In
this chapter "prescribed" means prescribed by or under any
Act of Parliament. |
Interpretation. |
| |
(2) |
For
the purposes of this Chapter, a person born aboard a registered
ship or aircraft or aboard an unregistered ship or aircraft
of the government of any country shall be deemed to have been
born in the place in which the ship or aircraft was registered
or, as the case may be, in that country. |
| |
(3) |
Any
reference in this Chapter to the national status of the father
or mother of a person at the time of that person's birth shall
in relation to a person born after the death of either parent,
be construed as a reference to the national status of the
deceased parent at the time of that parent's death; and where
that death occurred before the date of commencement of this
Constitution, and the birth occurred on or after that date,
the national status which that parent would have had if he
or she had died on that date, shall be deemed to be his or
her national status at the time of death. |
