Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex A/Fifth Schedule

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Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore
by the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore
Annex A: MALAYSIA BILL
FIFTH SCHEDULE
ADDITIONS FOR BORNEO STATES TO TENTH SCHEDULE (GRANTS AND ASSIGNED REVENUES) TO CONSTITUTION.

15. Unincorporated societies.
16. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereofand the regulation and winding-up of incorporated charities and charitable institutions in tho State.
17. Newspapers ; publications ; publishers ; printing and printing presses.
18. Censorship.
19. Theatres ; cinemas ; cinematograph films ; places of public amusement.
20. Until the end of August, 1968, and thereafter until Parliament with the concurrence of the State government otherwise provides, elections to the Legislative Assembly.


FIFTH SCHEDULE


ADDITIONS FOR BORNEO STATES TO TENTH SCHEDULE (GRANTS AND ASSIGNED REVENUES) TO CONSTITUTION

PART IV SPECIAL GRANTS TO BORNEO STATES


1.---(1) In the case of Sarawak a grant of $5,800,000 in each year.
(2) In the case of Sarawak, a grant of which the amount in 1964 and each of the four following years shall be respectively $3Jm., $7m., Sllim., $16m. and $21m., and in later years shall be fixed on a review under Article 112E.
2.---(1) In the case of Sabah, a grant of an amount equal in each year to two-fifths of the amount by which the net revenue derived by the Federation from Sabah exceeds the net revenue which would have been so derived in the year 1963 if—
(a) the Malaysia Act had been in operation in that year as in the year 1964 ; and
(b) the net revenue for the year 1963 were calculated without regard to any alteration of any tax or fee made on or after Malaysia Day;
(" net revenue " meaning for this purpose the revenue which accrues to the Federation, less the amounts received by the State in respect of assignments of that revenue).
(2) In the case of Sabah, for any year before 1968 in which the State road grant is less than $5,179,500, a supplement to that grant of an amount equal to the deficiency.
3. In either case, for any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or to mechanically propelled road vehicles, then during the continuance of that power, a grant equal to the cost to the State in the year of the State road transport department.


PART V
ADDITIONAL SOURCES OF REVENUE ASSIGNED TO BORNEO STATES


1. Import duty and excise duty on petroleum products.
2. Export duty on timber and other forest produce.
3. So long as the royalty levied by the State on any mineral chargeable with export duty other than tin (but including mineral oils) does not amount to 10 per cent ad valorem calculated as for export duty, export duty on that mineral or such part of the export duty as makes the total of royalty and duty on exported mineral up to 10 per cent ad valorem so calculated.
4. In the case of Sabah, so long as medicine and health remains an item in the Concurrent List and expenses in respect of that item are borne by the State, 30 per cent of all customs revenue other than that in respect of the duties mentioned in sections 1, 2 and 3.
5. For any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during the continuance of that power, fees from such licences.
6. For any year before 1974, and if at the beginning of 1974 the State has power to make laws with respect to the registration of mechanically propelled vehicles, then during the continuance of that power, fees from the registration of such vehicles.
7. State sales taxes.
8. Fees and dues from ports and harbours other than federal ports and harbours.


SIXTH SCHEDULE


MINOR AND CONSEQUENTIAL AMENDMENTS OF CONSTITUTION


Provision of Constitution

Amendment


Article 5 (liberty of the person)



Article 8 (right to equal treatment)


Article 21 (general provisions as to naturalisation)



Article 37 (oath of office of Yang di-Pertuan Agong)




Article 42 (Power of pardon, etc.)


Article 48 (disqualification for membership of Parliament)



Article 65 (Clerks of Senate and House of Representatives)

Article 76 (power of Parliament to legislate for States)


Article 80 (distribution of executive powers)


In Clause (2) for the words " the Supreme Court " there shall be substituted the words " a High Court ".

In Clause (5) for the word "Federation" there shall be substituted the words " Malay Peninsula ".

The Article shall be omitted except that it shall continue to have effect for the purposes of the Article 20 repealed by the Constitution (Amendment) Act, 1962.

For the words " Chief Justice of the Federation " and for the words " Supreme Court " there shall, in both places, be substituted respectively the words " Lord President of the Federal Court " and the words " Federal Court ".

In Clause (7) after the word " appointed " there shall be inserted the words " by the Ruler or Governor ".

In Clause (1), in paragraph (e), after the word " Federation " there shall be inserted the words " (or, before Malaysia Day, in the territories comprised in a Borneo State or in Singapore) ".

In Clause (3) for the words " Supreme Court " there shall be substituted the words " Federal Court ".

In Clause (2) after the words " custom of the Malays " there shall be inserted the words " or to any matters of native law or custom in the Borneo States ".

In Clause (6) for the words " Chief Justice " there shall be substituted the words "Lord President of the Federal Court ".

Provision of Constitution

Amendment


Article 87 (reference of certain disputes to Lands Tribunal)












Article 89 (Malay reservations)


Article 91 (National Land Council)




Article 95A (National Council for Local Government)




Article 105 (Auditor General)


Article 114 (Constitution of Election Commission)


Article 115 (assistance to Election Commission)


Article 116 (federal constituencies)




Article 118 (challenging election by presentation of election petition)



Article 139 (Public Services Commission)



Article 142 (general provisions as to Public Services Commission and other Commissions to which Part X applies)


In Clause (2), for paragraph (a) there shall be substituted—

" (a) a chairman, who shall be appointed by the Lord President of the Federal Court and who shall be, or have been, or be qualified to be a judge of the Federal Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court "; and at the end of Clause (3) there shall be added the words " or other authority having power under written law to make rules or orders regulating the practice and procedure of the Federal Court ", and in Clause (4) for the words " Supreme Court " there shall be substituted the words " Federal Court ".

In Clause (7) there shall be inserted at the beginning the words " Subject to Article 161A ".

In Clause (1) the words " not exceeding ten " shall be omitted, and there shall be added at the end of the Clause the words " but, subject to Clause (6) of Article 95E, the number of representatives of the Federal Government shall not exceed ten ".

In Clause (1) the words " not exceeding ten " shall be omitted, and there shall be added at the end of the Clause the words " but, subject to Clause (6) of Article 95E, the number of representatives of the Federal Government shall not exceed ten ".

In Clause (3) for the words " Supreme Court " there shall be substituted the words " Federal Court ".

In Clause (3) for the words " Supreme Court " there shall be substituted the words " Federal Court ".

In Clause (2) for the words "Federation, who" there shall be substituted the words " unit of review for federal elections, and those officers ".

In Clause (1) for the words " the Federation " there shall be substituted the words " a unit of review", and in Clause (2) after the words " that total " there shall be inserted the words " in the States of Malaya ".

For the words " a judge of the Supreme Court " there shall be substituted the words " the High Court having jurisdiction where the election was held ".

In Clause (2) for the words " Commission corresponding in status and jurisdiction to the Public Services " there shall be substituted the words " State Public Service ".

In Clause (6) for the words " a judge of the Supreme Court " there shall be substituted the words " a judge of the Federal Court or of a High Court ".

Provision of Constitution

Amendment


Article 143 (conditions ofservice of members of Service Commissions)


Article 144 (functions of Service Commissions)



Article 145 (the Attorney-General)






Article 148 (interpretation of PartX)



Article 151 (restrictions on preventive detention)








Article 152 (national language)



Article 158 (Pan-Malayanarrangements)



Article 159 (amendment of the Constitution)




Article 160 (interpretation)

In Clause (1) for the words " Supreme Court " in paragraph (c) there shall be substituted the words " Federal Court ".

In Clause (4) for the words from " of any Ruler " to " jurisdiction " there shall be substituted the words " a State Public Service Commission ".

For the words " Supreme Court " there shall, in both places, be substituted the words " Federal Court ", and after the words " Muslim Court " there shall be inserted the words " a native court "; and these amendments shall be made both in the Article to be inserted in pursuance of the Constitution (Amendment) Act, 1960, and in the Article for which it is to be substituted.

In Clause (2) for the words " Supreme Court " there shall be substituted the words "Federal Court or of a High Court ".

In Clause (2) for the words from " from " to " Court, and " there shall be substituted the words " and who shall be or have been, or be qualified to be, a judge of the Federal Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and ", and for the words " Chief Justice " there shall, where they first occur, be substituted the words " Lord President of the Federal Court ", and the words from " or if " onwards shall be omitted.

In Clause (4) for the words " the Supreme Court" there shall be substituted the words " the Federal Court or a High Court ".

In Clause (1) for the words " any territory to which this article applies " there shall, in each place be substituted the word " Brunei ", and Clause (2) shall be omitted.

In Clause (1) after the word " Article " there shall be inserted the words " and to Articles 16lE and 161n"; and in Clause (4) there shall be inserted at the beginning of paragraph (bb) the words " subject to Article 16lE ".

In Clause (2), before the definition of " Act of Parliament" there shall be inserted the definition—

" aborigine " means an aborigine of the Malay Peninsula;

after the definition of " Legislature " there shall be inserted the definition—

" local rates ", in relation to Singapore, includes the property tax levied for local purposes by the State;

in the definition of " Malay ", after the word " Federation ", there shall in all places be inserted the words " or in Singapore "; in the definition of " public authority " for the words " Supreme Court" there shall be substituted the words "Federal Court and High Courts"; and the definition of " Rule Committee" shall be omitted.

Provision of Constitution

Amendment


Article 174 (judicial appointments)


Fourth Schedule (paths of office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong)


Sixth Schedule (forms of oaths and affirmations)







Eighth Schedule (provisions to be inserted in State Constitutions)









Ninth Schedule (legislative lists)













Eleventh Schedule (provisions of Interpretation and General Clauses Ordinance, 1948, applied)


The Article shall be omitted.

In Parts I and II for the words " Persekutuan Tanah Melayu " and in Part III for the words " the Federation of Malaya " there shall in all places be substituted the word " Malaysia ".

For the words " the Federation of Malaya " there shall, in both places, be substituted the word " Malaysia " ; and after the form of the oath of office and allegiance there shall be added, as a note to that form,—" (NOTE: A judge of the Federal Court, other than the Lord President, or a judge of a High Court shall use the words ' my judicial duties in that or any other office ' in place of the words ' the duties of that office '.)".

In section 3 for the words " to be known as the Dewan Negeri " there shall be substituted the words " namely, the "; in sub-section (1) of section 4 the words from " and " onwards shall be omitted; in section 6, in paragraph (e) of sub-section (1), after the word " Federation " there shall be inserted the words " (or, before Malaysia Day, in the territories comprised in the Borneo States or in Singapore) "; and in section 22 there shall be omitted the words " and Chief Minister ", the word " respectively " and the words " and the Mentri Besar ".

In List I, in item 1 (h), for the word "Malaya" there shall be substituted the word " Malaysia "; in item 4 (k) after the words " Muslim law " there shall be inserted the words " and other personal laws "; in item 8 (j) there shall be inserted at the beginning the words " Subject to item 2(c)in the State List:" and in item 11 (6) for the woids from "Inter-State" to " not " there shall be substituted the words " Water supplies, rivers and canals, except those wholly within one State or ".

In List II, in item 2 (o) there shall be added at the end the words " or, in the Borneo States, native reservations "; and in item 6 (c) for the words from the beginning to " canals " there shall be substituted the words " Subject to the Federal List, water (including water supplies, rivers and canals) ".

There shall be inserted in the first column, in the place required by the numerical order, the words " 23 ", and opposite them in the second column—

" General provisions with respect to power given to any authority to make subsidiary legislation—
Where an Ordinance or Enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made."

Provision of Constitution

Amendment


Thirteenth Schedule (delimitation of constituencies)

In section I for the words from "those" onwards there shall be substituted the words " those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act ".

In section 2 for the words " the Federation and the States " there shall be substituted the words "any unit of review"; at the end of paragraph (a) there shall be added " and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies"; in paragraph (c) after the word " equal " there shall be inserted the words "throughout the unit of review"; and in paragraph (rf) for the words " and of any local ties which may be broken by such alterations " there shall be substituted " and to the mainten ance of local ties ".

In section 8, in paragraph («), for the words "the Federation and each State" there shall be substituted the words " each unit of review ".

In section 12 for the words from "until" in the proviso onwards there shall be substituted the words " to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after that date ".



ANNEX B



TABLE OF CONTENTS

PART I
THE STATE GOVERNMENT


Chapter I—The Head of State


 1. Yang di-Pertua Negara.

 2. Qualifications and disabilities of Yang di-Pertua Negata.

 3. Civil List of Yang di-Pertua Negara.

 4. Oath of office of Yang di-Pertua Negara.


Chapter 2—The Executive


 5. Executive authority.

 6. State Cabinet.

 7. Tenure of office of members of Cabinet.

 8. Oaths of member of Cabinet.

 9. Allocation of portfolios and provision regarding private business interests.

10. Yang di-Pertua Negara to act on advice.

11. State Secretary, State Attorney-General and State Financial Secretary.


Chapter 3—Capacity as respects property, contracts and suits.


12. Capacity of State as respects property, contracts and suits.


PART II
THE LEGISLATURE


13. Constitution of Legislature.

14. Composition of Legislative Assembly.

15. The Speaker.

16. Qualifications of members.

17. Disqualification for membership of Legislative Assembly.

18. Tenure of seats of members.

19. Decision as to disqualification.

20. Penalty for unqualified person sitting or voting in the Legislative Assembly.

21. Summoning, prorogation and dissolution of Legislative Assembly.

22. Oath, of Speaker and members.

23. Address by Yang di-Pertua Negara.

24. Procedure of Legislative Assembly.

25. Privileges of the Legislative Assembly and members.

26. Exercise of legislative power.

27. Supremacy of Constitution.


PART III
FINANCIAL PROVISIONS


28. No Taxation unless authorised by law.

29. Consolidated Fund.

30. Annual financial statement.

31. Supply Bills.

32. Supplementary and excess expenditure.

33. Withdrawals from Consolidated Fund.

34. Public Accounts Committee.

35. Financial Year.


PART IV
THE PUBLIC SERVICE


36. The Public Service Commission.

37. Functions of Commission.

38. Procedure of Commission.

39. Impartial treatment of State employees.

40. Regulations regarding the public service.


PART V
GENERAL PROVISIONS


41. Safeguarding position of Natives.

42. The Public Seal.

43. Amendment of Constitution.

44. Authorised reprints of Constitution.

45. Re-appointment and re-election.

46. Interpretation.

47. Commencement.

PART VI
TRANSITIONAL PROVISIONS


48. Existing laws.

49. Succession to property.

50. Rights, liabilities and obligations.

51. First Yang di-Pertua Negara.

52. Transitional provisions relating to the Legislature.

53. Transitional financial provisions.

54. Transitional provisions relating to Public Service Commission.

55. Existing Officers.

56. Secondment of members of the public service to Federal service.

57. Compulsory retirement to facilitate appointment of local candidates.

58. Public Board.

59. Modification of form of oath in certain cases.


SCHEDULE

Forms of Oaths and Affirmations
.



THE CONSTITUTION OF THE STATE OF SABAH

PART I THE STATE GOVERNMENT

Chapter 1—The Head of Stale

Yang di-Pertua Negara.

1.---(1) There shall be a Head of State for Sabah, to be called the Yang Yang di-Pertua Negara, who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.
(2) The Yang di-Pertua Negara shall be appointed for a term of four years but may at any time resign, his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly supported by the votes of not less than two-thirds of the total number of the members thereof.
(3) The Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, may appoint a person to exercise the functions of the Yang di-Pertua Negara during any period during which the Yang di-Pertua Negara is unable to do so himself owing to illness, absence or any other cause ; but no person shall be so appointed unless he would be qualified to be appointed as Yang di-Pertua Negara.
(4) A person appointed under clause (3) may take the place of the Yang di-Pertua Negara as a member of the Conference of Rulers during any period during which, under that clause, he may exercise the functions of the Yang di-Pertua Negara.

Qualifications and disabilities of Yang di-Pertua Negata.

2.---(1) A person who is not a citizen or is a citizen by naturalisation shall not be appointed as Yang di-Pertua Negara.
(2) The Yang di-Pertua Negara shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Civil List of Yang di-Pertua Negara.

3. The Legislature shall by law provide a Civil List of the Yang di-Pertua Negara, which shall be a charge on and paid out of the Consolidated Fund and shall not be diminished during his continuance in office.

Oath of office of Yang di-Pertua Negara.

4. The Yang di-Pertua Negara, and any person appointed under Oath of Clause (3) of Article 1, shall before exercising his functions take and subscribe in the presence of the Chief Justice or of a Judge of the High Court an oath in the form set out in Part I of the Schedule.


Chapter 2—The Executive


Executive authority.

5. (1) The executive authority of the State shall be vested in the Yang Executive di-Pertua Negara but executive functions may by law be conferred authority. on other persons.

State Cabinet.

6.---(1) There shall be a State Cabinet to advise the Yang di-Pertua Negara in the exercise of his functions.
(2) The Cabinet shall consist of—
(a) a Chief Minister and not more than eight nor less than four other members appointed in accordance with clause (3); and
(b) three ex officio members, namely the State Secretary, the State Attorney-General and the State Financial Secretary.
(3) The Yang di-Pertua Negara shall appoint as Chief Minister a member of the Legislative Assembly who in his judgment is likely to command the confidence of a majority of the members of the Assembly and shall appoint the other members mentioned in paragraph (a) of clause (2) in accordance with the advice of the Chief Minister from among the members of the Assembly :
Provided that if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.
(4) Notwithstanding anything in this Article, a person who is a citizen by naturalisation shall not be appointed Chief Minister.
(5) The Chief Minister shall not hold any office of profit and shallnot actively engage in any commercial enterprise.
(6) The Cabinet shall be collectively responsible to the Legislative Assembly.


Tenure of office of members of Cabinet.

7.---(1) If the Chief Minister ceases to command the confidence of a majority of the members of the Legislative Assembly, then, unless at his request the Yang di-Pertua Negara dissolves the Assembly, the Chief Minister shall tender the resignation of the members of the Cabinet other than the ex officio members.
(2) A member of the Cabinet other than an ex officio member may at any time resign his office by writing under his hand addressed to the Yang di-Pertua Negara, and a member of the Cabinet other, than the Chief Minister or an ex officio member shall also vacate his office if his appointment thereto is revoked by the Yang di-Pertua Negara acting in accordance with the advice of the Chief Minister.
(3) Subject to clauses (1) and (2), a member of the Cabinet other than the Chief Minister or an ex officio member shall hold office at the pleasure of the Yang di-Pertua Negara.


Oaths of office of members of Cabinet.

8. Before a member of the Cabinet exercises the functions of his office he sha11 take and subscribe in the presence of the Yang di-Pertua Negara the oath set out in Part II of the Schedule.


Allocation of portfolios and provision regarding private business interests.

9. (1) The Yang di-Pertua Negara may, in accordance with the advice of the Chief Minister, assign to a member of the Cabinet responsibility for any business of the government of the State, including the administration of any department of government, and any member of the Cabinet, other than an ex officio member, to whom such responsibility is assigned shall be styled " Minister ".
(2) A member of the Cabinet shall not engage in any trade, business or profession connected with any subject or department of government for which he is responsible, and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Cabinet relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Yang di-Pertua Negara to set on advice.

10. (1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Yang di- Pertua Negara shall act in accordance with the advice of the Cabinet or of a member thereof acting under the general authority of the Cabinet, except as otherwise provided by the Federal Constitution or this Constitution ; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Cabinet.
(2) The Yang di-Pertua Negara may act in his discretion in the performance of the following functions—
(a) the appointment of a Chief Minister ;
(b) the withholding of consent to a request for the dissolution of the Legislative Assembly.
(3) The Legislature may by law make provision for requiring the Yang di-Pertua Negara to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of any of his functions except—
(a) functions, exercisable in his discretion ; and
(b) functions with respect to the exercise of which provision is made in the Federal Constitution or any other Article of this Constitution.

State Secretary, State Attorney-General and State Financial Secretary.

11. (1) The offices of State Secretary, State Attorney-General and State Financial Secretary are hereby constituted, and appointments thereto shall be made by the Yang di-Pertua Negara acting in accordance with the advice of the Chief Minister, who shall select for appointment a person whose name is included in a list submitted for the purpose by the Commission and shall, before tendering his advice, consult the Government of the Federation.
(2) The State Secretary, the State Attorney-General and the State Financial Secretary shall not be removed from office or suspended from the exercise of the functions of his office except on the like grounds and in the like manner as a member of the Commission.


Chapter 3—Capacity as respects property, contracts and suits


Capacity of State as respects property, contracts and suits.

12. (1) The State shall have power to acquire, hold and dispose of property of any kind and to make contracts.
(2) The State may sue and be sued.


PART II
THE LEGISLATURE


Constitution of Legislature.

13. The Legislature of the State shall consist of the Yang di-Pertua Negara and one House, to be known as the Legislative Assembly.

Composition of Legislative Assembly.

14. (1) The Legislative Assembly shall consist of—
(a) the Speaker ;
(b) three ex officio members, namely, the State Secretary, theState Attorney-General and the State Financial Secretary;
(c) such number of elected members as the Legislature may by law prescribe, elected in such manner as may be provided by Federal or State law ;
(d) such number of other members (hereinafter referred to as "nominated members"), not being more than six, as the Yang di-Pertua Negara may appoint.
(2) Until the Legislature otherwise prescribes the number of elected members shall be eighteen.

The Speaker.

15. (1) The Speaker shall be appointed by the Yang di-Pertua Negara from among persons not subject to any of the disqualifications for appointment as nominated members of the Legislative Assembly set out in Article 17.
(2) The Speaker shall hold office for such period as may be specified in the instrument by which he is appointed, shall vacate his office—
(a) if he resigns it by writing under his hand addressed to the Yang di-Pertua Negara ; or
(b) if he becomes subject to any of the disqualifications for appointment as a nominated member of the Legislative Assembly set out in Article 17.
(3) Any question whether a person is qualified to be appointed as Speaker shall be determined by the Yang di-Pertua Negara whose decision shall be final.
(4) During any absence of the Speaker from a sitting of the Legislative Assembly or any vacancy in the office of Speaker such member of the Assembly as may be determined by the Standing Orders of the Assembly shall act as Speaker.
(5) The Legislature shall by law provide for the remuneration of the Speaker, and the remuneration so provided shall be a charge on and paid out of the Consolidated Fund, and shall not be diminished as respects any holder of the office of Speaker after his appointment.

Qualifications of members.

16. Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be elected as an elected member or appointed as a nominated member of the Legislative Assembly, unless he is disqualified for being a member by the Federal Constitution or this Constitution or by any such law as is mentioned in Article 17.

Disqualification for membership of Legislative Assembly.

17. (1) Subject to the provisions of this Article, a person is disqualified for being elected as an elected member or appointed as a nominated member of the Legislative Assembly if—
(a) he is and has been found or declared to be of unsound mind ;
(b) he is an undischarged bankrupt;
(c) he holds an office of profit other than that of Native Chief ;
(d) having been nominated for election to either House of Parliament or to the Legislative Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required;
(e) he has been convicted of an offence by a court of law in any part of the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand dollars and has not received a free pardon in respect thereof;
(f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reason of having been convicted of such an offence, or having hi proceedings relating to such an election been proved guilty of an act constituting such an offence ; or
(g) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
(2) Paragraph (c) of clause (1) shall not apply to the appointment of a person as a nominated member.
(3) The disqualification of a person under paragraph (d) or paragraph (e) of clause (1) may be removed by the Yang di-Pertua Negara and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in paragraph (d) of that clause was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in paragraph (e) of that clause was released from custody, or the date on which the fine mentioned hi that paragraph was imposed ; and a person shall not be disqualified under paragraph (g) of clause (1) by reason only of anything done by him before he became a citizen.
(4) In paragraph (g) of clause (1) " foreign country " has the same meaning as in the Federal Constitution.

Tenure of seats of members.

18. (1) Every elected or nominated member of the Legislative Assembly shall vacate his seat in the Assembly on a dissolution of the Assembly.
(2) An elected or nominated member shall also vacate his seat in the Assembly if—
(a) he ceases to be qualified for election or appointment as such a member of the Assembly ;
(b) he resigns his seat by writing under his hand addressed to the Speaker ; or
(c) he is absent without the leave of the Speaker from every sitting of the Assembly for three consecutive meetings.
(3) for the purposes of paragraph (c) of clause (2), "meeting" means any sitting or sittings of the Assembly commencing when the Assembly first meets after being summoned at any time and terminating when the Assembly is adjourned sine die or at the conclusion of a session.

Decision as to disqualification.

19. If any question arises whether the Speaker or a member of the Legislative Assembly has ceased to be qualified for appointment or election as such, the decision of the Assembly shall be taken and shall be final :
Provided that this Article shall not be taken to prevent the practice of the Council postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

Penalty for unqualified person sitting or voting in the Legislative Assembly.

20. Any person who sits or votes in the Legislative Assembly, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding two hundred dollars for each day on which he so sits or votes, which penalty shall be recoverable as a civil debt in the High Court at the suit of the State Attorney-General.

Summoning, prorogation and dissolution of Legislative Assembly.

21. (1) The Yang di-Pertua Negara may from time to time summon the Legislative Assembly, and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Yang di-Pertua Negara may prorogue or dissolve the Legislative Assembly.
(3) The Legislative Assembly shall, unless sooner dissolved, continue for five years from the date of its first sitting and shall then stand dissolved.
(4) Whenever the Legislative Assembly is dissolved, a general election shall be held within sixty days from the date of the dissolution and the new Legislative Assembly shall be summoned to meet on a date not later than ninety days from that date.
(5) Whenever the seat of an elected member has become vacant for any reason other than a dissolution, the vacancy shall, within sixty days from the date on which it is established that there is a vacancy, be filled by election in accordance with the provisions of this Constitution.

Oath, of Speaker and members.

22. (1) The Speaker shall before exercising the functions of his office take and subscribe before the Yang di-Pertua Negara the oath set out in Part III of the Schedule and every member of the Legislative Assembly shall before taking his seat take and subscribe the said oath before the Speaker.
(2) If a member has not taken his seat within three months from the date on which the Legislative Assembly first sits after his election or appointment, or within such further period as the Assembly may allow, his seat shall become vacant.

Address by Yang di-Pertua Negara.

23. The Yang di-Pertua Negara may address the Legislative Assembly and may send messages thereto.

Procedure of Legislative Assembly.

24. (1) Subject to the provisions of this Constitution, the Legislative Assembly shall regulate its own procedure and may make Standing Orders for that purpose.
(2) The Legislative Assembly may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present or to participate shall not invalidate any proceedings.
(3) Subject to clauses (5) and (6) and to clause (2) of Article 43, the Legislative Assembly shall, if not unanimous, take its decision by a simple majority of members voting ; and if the Speaker is absent the member presiding shall cast his vote whenever necessary to avoid an equality of votes but shall not vote in any other case, and if the Speaker is present and there is an equality of votes upon any question the motion shall be lost.
(4) Members absent from the Legislative Assembly shall not be allowed to vote.
(5) The Standing Orders of the Legislative Assembly may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.
(6) No Bill making provision for controlling or restricting the propagation of any religious doctrine or belief among persons professing the Muslim religion shall be passed by the Legislative Assembly unless it has been supported on the second and third readings by the votes of not less than two thirds of the total number of the members thereof.
(7) No Bill or amendment involving expenditure from the Consolidated Fund may be introduced or moved in the Legislative Assembly except by a member of the Cabinet.
(8) For a period of ten years after Malaysia Day, and thereafter until the Legislature by law otherwise provides, all proceedings in the Legislative Assembly may be in the English language.
(9) If objection is taken by any member present that there are present (besides the Speaker or member presiding) fewer than one quarter .of the total number of members and after such interval as may be prescribed in the Standing Orders of the Legislative Assembly, the person presiding ascertains that the number of members present is still less than one quarter of the total number of members, he shall thereupon adjourn the Assembly.

Privileges of the Legislative Assembly and members.

25. Subject to Article 72 of the Federal Constitution, it shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of the Legislative Assembly ; but no such privileges, immunities or powers shall exceed those of the Federal House of Representatives.

Exercise of legislative power.

26. (1) The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Yang di-Pertua Negara.
(2) All laws passed by the Legislature shall be styled Enactments and the words of enactment shall be "Enacted by the Legislature of the State of Sabah ".
(3) A Bill shall become law on being assented to by the Yang di-Pertua Negara, but no law shall come into force until it has been published in the Gazette, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.

Supremacy of Constitution.

27. Any Enactment passed on or after Malaysia Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.


PART III
FINANCIAL PROVISIONS


No Taxation unless authorised by law.

28. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law.

Consolidated Fund.

29. (1) All revenues and moneys howsoever raised or received by the State from whatsoever source shall, subject to this Constitution and any law, be paid into and form one fund to be known as " the Consolidated Fund ".
(2) There shall be charged on and paid out of the Consolidated Fund, in addition to any grant, remuneration or other moneys so charged by any other provision of this Constitution or by State law—
(a) all debt charges for which the State is liable ; and
(b) any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.
(3) For the purposes of this Article, " debt charges " include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Annual financial statement.

30. (1) The Yang di-Pertua Negara shall, in respect of every financial year, cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the State for that year, and, unless the Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.
(2) The estimates of expenditure shall show separately—
(a) the total sums required to meet expenditure charged on the Consolidated Fund ; and
(b) subject to clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
(3) The sums referred to in paragraph (b) of clause (2) do not include—
(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those purposes by the law authorising the raising of the loan ;
(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust ; and
(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with State law.
(4) The statement of estimated receipts and expenditures shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding.

Supply Bills.

31. The heads of expenditure to be met from the Consolidated Fund Supply in respect of any financial year but not charged thereon, other than expenditure to be met by such sums as are mentioned in clause (3) of Article 30, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet the expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure.

32. If in respect of any financial year it is found—
(a) that the amount appropriated by the Supply Enactment excess for any purpose is insufficient, or that a need has arisen for expenditure, expenditure for a purpose for which no amount has been appropriated by the Supply Enactment ; or
(b) that any moneys have been expended for any purpose in excess of the amount, if any, appropriated for that purpose by the Supply Enactment, a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly, and the heads of any such expenditure shall be included in a Supply Bill.

Withdrawals from Consolidated Fund.

33. (1) Subject to the following provisions of this Article, no moneys Withdrawals shall be withdrawn from the Consolidated Fund unless they are—
(a) charged on the Consolidated Fund ; or Fund.
(b) authorised to be issued by a Supply Enactment.
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by Federal law.
(3) Clause (1) shall not apply to any such sums as are mentioned in clause (3) of Article 30.
(4) The Legislature may, in respect of any financial year, by law authorise, before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

Public Accounts Committee.

34. The Legislative Assembly shall appoint a committee of the Assem bly, to be called the Public Accounts Committee, which shall examine the accounts in respect of each financial year showing the appropriation of the sums granted by the Legislature to meet the expenditure of the State and such other accounts as may be laid before the Assembly.

Financial Year.

35. For the purposes of this Part " financial year " means the period of twelve months ending on the thirty-first day of December in any year or such other day as the Legislature may by law prescribe.


PART IV
THE PUBLIC SERVICE


The Public Service Commission.

36. (1) There shall be a Public Service Commission for the State which shall consist of a Chairman and not less than three or more than eight other members, each of whom shall be appointed by the Yang di-Pertua Negara after consultation with the Chief Minister.
(2) The Yang di-Pertua Negara may after consultation with the Chief Minister, designate any member of the Commission, other than the Chairman, as a deputy chairman of the Commission :
Provided that the number of members of the Commission so designated shall not at any time exceed two.
(3) A person shall not be appointed to be a member of the Commission if he is, and shall cease to be such a member if he becomes—
(a) a public officer :
Provided that a public officer may be appointed to be a member of the Commission if he is on leave prior to retirement ;
(b) a member of either House of Parliament or of the Legislative Assembly ;
(c) a member, officer or employee of any local authority ;
(d) a member of any trade union, or of any body or association affiliated to a trade union ; or
(e) the holder of any office in any political association.
(4) Subject to clauses (3) and (5), every member of the Commission shall, unless he earlier resigns his office by writing under his hand addressed to the Yang di-Pertua Negara, hold office for a period of
five years from the date of his appointment or for such shorter period as may be specified in the instrument by which he is appointed.
(5) If the Chief Minister, or the Chairman of the Commission after consulting with the Chief Minister, represents to the Yang di-Pertua Negara that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the Yang di-Pertua Negara shall appoint a tribunal in accordance with clause (6) and shall refer the representation to it ; and, if the tribunal so recommends, the Yang di-Pertua Negara shall remove that member from office by writing under his hand.
(6) A tribunal appointed under clause (5) shall consist of not less than three persons who hold or have held office as Judge of the Federal Court or of any High Court in the Federation or, if it appears to the Yang di-Pertua Negara expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth.
(7) A tribunal appointed under clause (5) shall regulate its own procedure and may make rules for that purpose.
(8) Where a representation has been made to the Yang di-Pertua Negara under clause (5), he may on the recommendation of the Chief Minister suspend the member concerned from the exercise of his functions pending the report of the tribunal on that representation.
(9) Where, during any period, a member of the Commission has been granted leave of absence by the Yang di-Pertua Negara or is unable, owing to his absence from the State, illness or any other cause, to discharge his functions as such a member, the Yang di-Pertua Negara may appoint as a temporary member of the Commission to exercise his functions during that period, any person who would be qualified to be appointed in his place ; and the appointment of any such temporary member shall be made in the same manner as that of any other member of the Commission.
(10) Before exercising the functions of his office every member of the Commission shall take and subscribe before the Chief Justice or some other Judge of the High Court the oath in the form set out in Part IV of the Schedule.
(11) Members of the Commission shall be paid such remuneration as the Legislature may by law provide, and such remuneration shall be a charge on and paid out of the Consolidated Fund.
(12) Subject to the provisions of this Constitution, the terms of service of the members of the Commission—
(a) shall be such as the Legislature may by law prescribe ; and
(b) in so far as they are not so prescribed, shall be determined by the Yang di-Pertua Negara.
(13) The remuneration and other terms of service of any member of the Commission shall not be altered to his disadvantage after his appointment.
(14) For the purposes of Clause (13), in so far as the terms of service of a member of the Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any others for which he might have opted.

Functions of Commission.

37. (1) Subject to the provisions of the Federal Constitution and of this Constitution, it shall be the duty of the Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the public service.
(2) The Legislature may by law provide for the exercise of other functions by the Commission.
(3) In clause (1), " member of public service " does not include any person whose remuneration is calculated at a daily rate, and " transfer " does not include transfer without a change of rank within a department of Government.
(4) The Yang di-Pertua Negara may designate as special posts any posts in the public service held by the head or deputy head of a department or by an officer who in his opinion is of similar status, and an appointment to any post so designated shall not be made hi accordance with clause (1) but shall be made by the Yang di-Pertua Negara on the recommendation of the Commission.
(5) Before acting, in accordance with clause (4), on the recommendation of the Commission, the Yang di-Pertua Negara shall consider the advice of the Chief Minister and may once refer the recommendation back to the Commission in order that it may be reconsidered.
(6) State law and, subject to the provisions of any such law, regulations made by the Yang di-Pertua Negara may provide for the exercise by any public officer, or by any board of public officers, of any of the functions of the Commission under clause (1) :
Provided that—
(a) no such law or regulations may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment or of any power of promotion (other than promotion to an acting appointment) ; and
(b) any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just.
(7) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate to any public officer, or to any board of public officers appointed by it, any of its functions under clause (1) in respect of any grade of members of the public service, and that officer or board shall exercise those functions under the direction and control of the Commission.
(8) In respect of members of the public service who are employed in posts ancillary to the police force, or in respect of any grade of members of the public service who are so employed, functions of the Commission may, under clause (6) or (7), be made exercisable by an officer or board of officers of the police force as if he or they were a public officer or board of public officers.
(9) No person shall be appointed under this Article to or to act in any office on the personal staff of the Yang di-Pertua Negara with out the concurrence of the Yang di-Pertua Negara acting in his discretion ; and the offices which are to constitute the personal staff of the Yang di-Pertua Negara for the purposes of this clause shall be such offices in the public Service as the Yang di-Pertua Negara, after consultation with the Chief Minister, may by order prescribe.
(10) The Commission shall make an annual report on the discharge of its functions to the Yang di-Pertua Negara, who shall cause copies of the report to be laid before the Legislative Assembly.

Procedure of Commission.

38. (1) At any meeting of the Commission three members, who shall include the Chairman or Deputy Chairman, shall form a quorum.
(2) Subject to clause (1), the Commission may act notwithstanding any vacancy in its membership, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(3) The Commission may, subject to the provisions of this Constitution, regulate its procedure and make rules for that purpose, and, with the consent of the Yang di-Pertua Negara, may, in connection with the discharge of its functions, confer powers and impose duties on any public officer or any authority of the Government of the State.

Impartial treatment of State employees.

39. All persons of whatever race in the same grade of the service of the State shall, subject to the terms and conditions of their employment, be treated impartially.

Regulations regarding the public service.

40. Subject to the provisions of any State law, the Yang di-Pertua Negara may make regulations for all or any of the following matters, that is to say—
(a) the division of offices in the public service into Divisions and Services ;
(b) the prescribing of Schemes regulating the recruitment, service and promotion of public officers ;
(c) the conduct and discipline of the public service.


PART V
GENERAL PROVISIONS


Safeguarding position of Natives.

41. (1) It shall be the responsibility of the Yang di-Pertua Negara to safeguard the special position of the Natives and the legitimate interests position Of of other communities in accordance with the provisions of this Article.
(2) The Yang di-Pertua Negara shall exercise his functions under this Constitution and under State law in such manner as may be
necessary to safeguard the special position of the Natives, and to ensure such degree of participation by Natives as he may deem reasonable in the public service of the State, and in the receipt of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by or with the approval of the State Government and, when any permit or licence for the operation of any trade or business is required by State law, then, subject to the provisions of that law and this Article, in such trade or business.
(3) The Yang di-Pertua Negara may, in order to ensure in accordance with clause (2) the participation by Natives in the public service and in the receipt of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to the Commission, or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.
(4) In exercising his functions under this Constitution and under State law in accordance with clauses (1), (2) and (3), the Yang di-Pertua Negara shall not deprive any person of any office in the public service held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed bv him.
(5) This Article does not derogate from the provisions of Article 39.
(6) Where by any existing State Jaw a permit or licence is required for the operation of any trade or business the Yang di-Pertua Negara may exercise his functions under that law in such manner or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure such degree of participation in such trade or business by Natives as the Yang di-Pertua Negara may deem reasonable ; and the authority shall duly comply with the directions.
(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant thereof might reasonably be expected in the ordinary course of events.
(8) Where by any State law any permit or licence is required for the operation of any trade or business, that law may make provision to ensure participation by Natives in such trade or business ; but no such law shall for the purpose of ensuring such participation-
(a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or
(b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business ; or
(c) where no permit or licence was previously required for the operation or the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.
(9) Nothing in this Article shall empower the Legislature to restrict any trade or business solely to Natives.
(10) In this Article, "Native" means a person who is a citizen, is the child or grandchild of a person indigenous to the State, and was born (whether on or after Malaysia Day or not) either in the State or to a father domiciled in the State at the tune of the birth.

The Public Seal.

42. The Yang di-Pertua Negara shall keep and use the Public Seal of the State for all things that shall pass that Seal ; and, until a Seal shall be provided for the State, a stamp bearing the inscription " State of Sabah: Public Seal of the State " may be used as the Public Seal of the State.

Amendment of Constitution.

43. (1) Subject to the following provisions of this Article the provisions Arandment of this Constitution may be amended by an Enactment passed by the Legislature but may not be amended by any other means.
(2) Subject to clause (3), a Bill for making anamendment to this Constitution shall not be passed by the Legislative Assembly unless it has been supported on the second or third readings by the votes of not less than two-thirds of the total number of members thereof.
(3) Clause (2) shall not apply to a Bill for making—
(a) any amendment consequential on a law prescribing the number of elected members of the Legislative Assembly ; or
(b) any amendment for the purpose of bringing this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution as for the time being in force.
(4) In this article " amendment " includes addition and repeal.

Authorised reprints of Constitution.

44. The Legislative Assembly may from time to time by resolution authorise the Government Printer to print copies of this Constitution including all amendments in force at the date of such authorisation ; and any such copy so printed be deemed for all purposes to be a true and correct copy.

Re-appointment and re-election.

45. Where any person has vacated any office established by this Constitution he may, if qualified, again be appointed or elected to that office in accordance with the provisions of this Constitution.

Interpretation.

46. (1) In this Constitution, unless the context otherwise requires—
" the Cabinet " means the State Cabinet ;
" citizen " means a citizen of the Federation ;
" the Conference of Rulers " means the Conference of Rulers constituted by the Federal Constitution ;
" the Commission" means the Public Service Commission of the State ;
" existing law " means any law having effect as part of the law of the Colony of North Borneo or any part thereof immediately before the commencement of this Constitution ;
" the Federal Constitution " means the Constitution of the Federation and includes the Malaysia Act, 1963 ;
" Federal law " means—
(a) any existing law continuing to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a Federal law ; and
(b) any Act of Parliament, or other law of the Federation relating to matters about which Parliament has power to make laws, which extends to the State ;
" the Federation " means the Federation to be known, on and after Malaysia Day, by the name Malaysia ;
" the Gazette " means the official Gazette of the State ;
" the High Court" means the High Court in Borneo constituted by the Federal Constitution;
" the Legislature " means the Legislature of the State ;
" Malaysia Day" means 31st August, 1963 ;
" office of profit " has the same meaning as in the Federal Constitution ;
" Parliament " means the Parliament of the Federation ;
" public officer " means a person holding or acting in any office of emolument in the public service ;
" the public service " means, subject to the provisions of clause (2), the public service of the State ;
" session " means, in relation to the Legislative Assembly, the sittings of the Assembly commencing when it first meets after its prorogation or dissolution and terminating when it is prorogued or is dissolved without having been prorogued ;
" sitting " means, in relation to the Legislative Assembly, a period during which the Assembly is sitting continuously with out adjournment, and includes any period during which the Assembly is in committee ;
" the State " means the State of Sabah ;
" State law " means—
(a) any existing law continuing to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a State law ; and
(b) any law made by the Legislature ;
" the Yang di-Pertuan Agong " means the Yang di-Pertuan Agong of the Federation.
(2) In this Constitution references to an office in the public service shall not be construed as including references to the office of—
(a) Yang di-Pertua Negara, Chief Minister or other Minister or member of the Executive Council Speaker or Member of the Legislative Assembly, a member of the Commission, a member of the Pardons Board constituted for the State under the Federal Constitution ; or
(b) save in so far as the legislature may by law prescribe, a member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.
(3) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the terms designating his office shall be construed as including a reference to any person for the time being acting in that office.
(4) Unless the context otherwise requires, any reference in this Constitution to a specified Part or Article or to the Schedule is a reference to that Part or Article of, or to the Schedule to, this Constitution and any reference to a clause or paragraph is a reference to that clause of the Article or paragraph of the clause in which the reference occurs.
(5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance.

Commencement.

47. Subject to the provisions of Part VI, this Constitution shall into operation immediately before Malaysia Day.


PART VI
TRANSITIONAL PROVISIONS


Existing laws.

48. (1) Subject to the provisions of this Article and to any provision made on or after Malaysia Day by or under Federal law or State law, all existing laws shall on and after the commencement of this Constitution continue to have effect but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of this Constitution.
(2) Subject as aforesaid and without prejudice to the generality of clause (1), references in any existing law to the colony of North Borneo or any officer holding office under the Government of the colony or to any authority or body constituted in or for the colony shall be construed on and after the commencement of this Constitution as references to the State or to the corresponding officer, authority or body respectively.
(3)--(a) The Governor of the colony of North Borneo may by order made at any time before Malaysia Day make such modifications in any existing law as appear to him to be necessary or expedient in consequence of the promulgation of this Constitution or the passing of the Malaysia Act, 1963.
(b) This clause shall come into operation on the publication of this Constitution in the Gazette.
(c) An order made under this clause shall have effect from such date, not being later than the commencement of this Constitution. as may be specified therein.
(4)--(a) The Yang di-Pertua Negara may by order at any time after the commencement of this Constitution and before the end of August, 1965, make such modifications in any existing law, to the extent that it is by virtue of the provisions of the Federal Constitution treated as a State law, as appear to him to be necessary or expedient in consequence of the promulgation of this Constitution or the passing of the Malaysia Act, 1963.
(b) An order made under this clause shall have effect from such date, not being earlier than the commencement of this Constitution, as may be specified therein.
(5) Any provision made by an order under this Article with respect to any law may be amended or repealed in like manner as that law.
(6) An order made under clause (3) shall be laid before the Legislative Assembly as soon as may be on or after Malaysia Day and an order made under clause (4) shall be so laid as soon as may be after it is made.
(7) In clauses (3) and (4) "modification " includes amendment, adaptation and repeal.

Succession to property.

49. (1) Subject to the provisions of this Article, all property and assets which immediately before the commencement of this Constitution were vested in Her Majesty for the purposes of the colony of North Borneo shall on the commencement of this Constitution vest in the State.
(2) Any land in the State which immediately before the commencement of this Constitution was vested in Her Majesty shall on the commencement of this Constitution vest in the State.
(3) Any property which was immediately before the commencement of this Constitution liable to escheat to Her Majesty shall on the commencement of this Constitution be liable to escheat to the State.

Rights, liabilities and obligations.

50. (1) All rights, liabilities and obligations of Her Majesty in respect of the government of the colony of North Borneo shall on the commencement of this Constitution become rights, liabilities and obligations obligations of the State.
(2) In this Article rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 49 applies.

First Yang di-Pertua Negara.

51. The first Yang di-Pertua Negara shall be a person nominated before Malaysia Day by Her Majesty and the Yang di-Pertuan Agong, and appointed shall be for a term of two years beginning with Malaysia Day.

Transitional provisions relating to the Legislature.

52. (1) Subject to the provisions of this Article, the Legislative Council established by the North Borneo (Legislative Council) Orders in Council 1950 to 1961 shall remain in being on and after Malaysia Day and shall, unless sooner dissolved by the Yang di-Pertua Negara, stand dissolved on 1st June, 1964.
(2) The Legislative Council continued in being by this Article shall be known as the Legislative Council of the State of Sabah, and until its dissolution the Legislative Assembly provided for by Article 14 shall not be established and, subject to the provisions of this Article, references in the other provisions of this Constitution to the Legislative Assembly shall, so far as the composition of the Legislative Council so admits, be construed as references to the Legislative Council.
(3) In place of the Governor as President of the Legislative Council there shall be a Speaker of the Legislative Council appointed in accordance with Article 15.
(4) A person who is a Temporary Member of the Legislative Council immediately before the commencement of this Constitution shall vacate his seat in the Council on its commencement.
(5) Where a vacancy occurs among the Official or Nominated Members of the Legislative Council the Yang di-Pertua Nesara after consultation with the Chief Minister may appoint a person to fill the vacancy
(6) A person who is an Official or Nominated Member of the Legislative Council immediately before the commencement of this Constitution shall remain a member of the Council irrespective of whether he is a citizen of Malaysia and consequently, while he is such a member by virtue of this clause, the provision of Article 16 that only citizens of Malaysia shall be qualified for membership of the Legislative Assembly shall not apply in relation to such a member of the Legislative Council.
(7) Notwithstanding the provisions of clause (3) of Article 17 (which, among other things, exempts from the operation of para graph (g) of clause (1) of that Article anything done before he becomes a citizen of Malaysia) if, while he is not a citizen of Malaysia, an Official or Nominated Member of the Legislative Council does any of the things referred to in the said paragraph (g) he shall vacate his seat in the Council.
(8) A person is disqualified for being appointed as an Official Member of the Legislative Council if he does not hold an office in the public service and paragraph (c) of clause (1) of Article 17 shall not apply to the appointment of a person as such a Member, but notwithstanding clause (2) of that Article, the said paragraph (c) shall apply to the appointment of a person as a Nominated Member of the Legislative Council.
(9) Subject to clause (8) the provisions of this Constitution shall apply in relation to Official Members of the Legislative Council as they apply in relation to Nominated Members of the Council.
(10) The Standing Orders of the Legislative Council as in force immediately before the commencement of this Constitution shall, until they are replaced by Standing Orders made on or after Malaysia Day by the Legislative Council or the Legislative Assembly be the Standing Orders of the Legislative Council and the Legislative Assembly respectively but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of this Constitution.

Transitional financial provisions.

53. (1) Part III, except Article 28, shall not come into operation until 1st January 1964.
(2) Until the coming into operation of Part HI, any sums which under this Constitution (including Part HI) are a charge on the Consolidated Fund shall be a charge on the revenues and other funds of the State and payment thereof shall be made by virtue of this clause without further authority of any law.
(3) Nothing in clause (1) shall prevent the making of any provisions or doing of any other thing before 1st January 1964 for the purposes of Part III in respect of the financial year beginning on that date.

Transitional provisions relating to Public Service Commission.

54. (1) Any person who, immediately before the commencement of this Constitution, holds office as Chairman, Deputy Chairman or any other member of the Public Service Commission established by the North Borneo (Public Service Commission) Order in Council, 1963, shall, as from the commencement of this Constitution, hold the
like office as a member of the Commission established by this Constitution as if he had been appointed thereto under Article 36 for a period of two years from the commencement of this Constitution.
(2) Any regulation made by the Governor under the North Borneo (Public Service Commission) Order in Council, 1963, and in force immediately before the commencement of this Constitution shall—
(a) to the extent that they make provision in relation to the Commission established by the North Borneo (Public Service Commission) Order in Council, 1963, or the public service of the colony of North Borneo for matters for which, in relation to the Commission established by the Constitution or the public service of the State, provision may be made under clause (6) of Article 37, Article 38 or Article 40, have effect as from the commencement of this Constitution as if they were regulations or rules made under that clause or Article 38 or Article 40, as the case may be and
(b) subject to paragraph (a), shall be treated as an existing law for the purposes of Article 48.

Existing Officers.

55. (1) Subject to the provisions of the Federal Constitution and this Constitution, any person who immediately before the commencement of this Constitution is in the service of the Crown hi respect of the government of the colony of North Borneo shall—
(a) on the commencement of this Constitution cease to be in such service and become a person in the service of the State of Sabah ;
(b) so long as he continues in such service, be entitled to terms and conditions of service not less favourable than those applicable to him immediately before the commencement of this Constitution ;
(c) be deemed to have been appointed on the commencement of this Constititution to hold or to act in any office in the service of the State corresponding to that which he holds or is acting in immediately before the commencement of this Constitution and to have taken any oath in connection there with required by law.
(2) For the purposes of clause (1)—
(a) any terms or conditions of service for which, on or after Malaysia Day, a person opts shall be deemed to be not less favourable than those applicable to him immediately before the commencement of this Constitution ;
(b) the offices of State Secretary, State Attorney-General and State Financial Secretary shall be regarded as corresponding respectively to the offices of Chief Secretary, Attorney-General and Financial Secretary of the colony of North Borneo ; and
(c) the Yang di-Pertua Negara may by order declare that any other office specified in such order shall be regarded as corresponding to another office so specified.
(3) Clause (1) does not apply to the Governor of the colony of North Borneo.

Secondment of members of the public service to Federal service.

56. (1) All persons who on the commencement of this Constitution are members of the police force in the State (and are not on leave pending retirement) shall on Malaysia Day be seconded to the police force of the Federation.
(2) Where on Malaysia Day any post in the judicial and legal branch of the public service becomes a post in the judicial and legal service of the Federation any person serving in that post on the commencement of this Constitution shall on Malaysia Day be seconded to the judicial and legal service of the Federation.
(3) Subject to Clause (4), where on Malaysia Day or any day thereafter any post in the public service becomes a post in the general public service of the Federation any person serving in that post immediately before that day shall on that day be seconded to the general public service of the Federation.
(4) Clause (3) shall not apply to persons in such grades of service as the Yang di-Pertua Negara may, with the consent of the Yang di-Pertuan Agong, direct. .
(5) The power conferred on the Yang di-Pertua Negara by clause (4) may be exercised by the Governor of the colony of North Borneo at any time after the publication of this Constitution in the Gazette.

Compulsory retirement to facilitate appointment of local candidates.

57. (1) If the Chief Minister so requests, the Commission shall consider whether there are more local candidates suitably qualified for appointment to, or promotion in, any branch of the public service specified by the Chief Minister than there are vacancies in that branch that could appropriately be filled by such local candidates ; the Commission, if satisfied that such is the case, shall, if so requested by the Chief Minister, select officers in that branch to whom this Article applies and whose retirement would in the opinion of the Commission cause vacancies that could appropriately be filled by such suitably qualified local candidates as are available and fit for appointment and inform the Chief Minister of the number of officers so selected ; and if the Chief Minister specified a number of officers to be called upon to retire (not exceeding the number of officers so selected) the Commission shall nominate that number of officers from among the officers so selected and by notice in writing require them to retire from the public service ; and any officer who is so required to retire shall retire accordingly.
(2) An officer who has been given notice by or on behalf of the Government of the State or of the colony of North Borneo that he will continue to be employed in the public service for a minimum period specified in the notice shall not be required to retire under clause (1) before the expiry of that period.
(3) This Article applies to—
(a) any entitled officer as defined in the Schedule to the North Borneo (Compensation and Retiring Benefits) Order in Council, 1963 ; and
(b) any officer on probation who, if he had been confirmed in his appointment, would have been such an entitled officer.

Public Board.

58. (1) There shall be a Police Board for the State which shall consist of—
(a) the Chairman of the Commission, who shall be the Chairman of the Board ;
(b) the State Attorney-General ;
(c) the senior officer of police in the State ; and
(d) a person designated by the Director of Police Affairs.
(2) Notwithstanding clause (1) of Article 37, it shall be the duty of the Police Board to exercise disciplinary control over members of the public service who are seconded to the police force.
(3) The Police Board may, by directions in writing and subject to such conditions as it thinks fit, delegate to any police officer, or to any board of police officers appointed by it, any of its functions under clause (2) in respect of any rank in the police force, and that officer or board shall exercise those functions under the direction and control of the Police Board.
(4) The functions conferred by this Article shall be exercised in accordance with the provisions of any Federal law prescribing offences against police force discipline and the punishment that may be imposed for any such offence.
(5) At any meeting of the Police Board two members including the Chairman or, if the Chairman is not present, three members shall form a quorum ; and if on any question the votes of the members present are equally divided the Chairman may exercise a casting vote.
(6) Subject to clause (5), the Police Board may act notwithstanding any vacancy in its membership, and any proceeding of the Board shall be valid notwithstanding that some person not entitled to do so took part therein.
(7) Subject to the provisions of this Article, the Police Board may regulate its procedure and make rules for that purpose.

Modification of form of oath in certain cases.

59. When a person who is not a citizen is required by this Constitution to take an oath on becoming an ex officio member of the Cabinet, the Speaker or an ex officio member of the Legislative Assembly, an Official or Nominated Member of the Legislative Council or the Chairman of the Commission, the words "and allegiance" shall be omitted from the oath.


THE SCHEDULE

FORMS OF OATHS AND AFFIRMATIONS


(Articles 4, 8,
22 and 36 (10))

PART I


Oath of Office of Yang di-Pertua Negara


I,      , having been appointed as (or to exercise the functions of) Yang di-Pertua Negara of the State of Sabah, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of Sabah and to the Federation of Malaysia and that I will preserve, protect and defend the Constitution of the State of Sabah.


PART II


Oath of Member of State Cabinet


I,      , having been appointed to the office of (or having become an ex officia member of the Cabinet) do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, that I will bear true faith and allegiance to the State of Sabah and to the Federation of Malaysia, that I will preserve, protect and defend the Constitution of the State of Sabah, and that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a member of the Cabinet of the State of Sabah except as may be required for the due discharge of my duties as such or may be specially permitted by the Yang di-Pertua Negara.


PART III


Oath of Member of the Legislative Assembly


I,      , having been elected (or appointed) as a member (or having become an ex officia member) of the Legislative Assembly of the State of Sabah, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of Sabah and to the Federation of Malaysia and that I will preserve, protect and defend the Constitution of the State of Sabah.

PART IV


Oath of Member of Public Service Commission


I,      , having been appointed to the office of a member of the Public Service Commission of the State of Sabah do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, and that I will bear true faith and allegiance to the State of Sabah and to the Federation of Malaysia and that I will preserve, protect and defend the Constitution of the State of Sabah.






ANNEX C




TABLE OF CONTENTS
PART 1

THE STATE GOVERNMENT
Chapter 1—The Governor

  1. Governor of the State.
  2. Qualifications and disabilities of Governor.
  3. Civil List of Governor.
  4. Oath of office of Governor.


    Chapter 2—The Executive



  5. Executive Authority.
  6. The Supreme Council.
  7. Tenure of office of members of Supreme Council
  8. Oaths of members of Supreme Council.
  9. Allocation of portfolio and provision regarding private business interests.
  10. Governor to act on advice.
  11. Appointment of State Secretary, State Attorney-General and State Financial Secretary.


    Chapter 3—Capacity as respects property, contracts and suits


  12. Capacity of State as respects property, contracts and suits.


    PART II
    THE LEGISLATURE



  13. Constitution of Legislature.
  14. Composition of Council Negri.
  15. The Speaker.
  16. Qualifications of members.
  17. Disqualifications for membership.
  18. Tenure of seats of members.
  19. Decision as to disqualification.
  20. Penalty for unqualified person sitting or voting in the Council Negri.

  1. Summoning, prorogation and dissolution of Council Negri.
  2. Oath of Speaker and members.
  3. Address by Governor.
  4. Procedure of Council Negri.
  5. Privileges of the Council Negri and members.
  6. Exercise of Legislative power.
  7. Supremacy of Constitution.


    PART III
    FINANCIAL PROVISIONS


  8. No taxation unless authorized by law.
  9. Consolidated Fund.
  10. Annual financial statement.
  11. Supply Bills.
  12. Supplementary and excess expenditure.
  13. Withdrawals from Consolidated Fund.
  14. Financial Year.


    PART IV
    THE PUBLIC SERVICE


  15. The Public Service Commission.
  16. Functions of Commission.
  17. Procedure of Commission.
  18. Impartial treatment of State employees.


    PART V
    GENERAL PROVISIONS


  19. Reservation of quotas in respect of the public service and educational facilities for Natives.
  20. The Public Seal.
  21. Amendment of Constitution.
  22. Authorized reprints of Constitution.
  23. Re-appointment and re-election.
  24. Interpretation.
  25. Commencement.


  1. PART VI
    TRANSITIONAL PROVISIONS


  2. Existing Laws.
  3. Succession to property.
  4. Rights, liabilities and obligations.
  5. First Governor.
  6. Transitional provisions relating to Supreme Council.
  7. Transitional provisions relating to the Legislature.
  8. Transitional financial provisions.
  9. Transitional provisions relating to Public Service Commission.
  10. Existing officers.
  11. Secondment of members of the Public service to Federal Service.
  12. Compulsory retirement to facilitate appointment of local candidates.
  13. Police Board.
  14. Modification of form of oath in certain cases.


PART I
Oath of office of Governor.
PART II
Oath of Member of Supreme Council.
PART III
Oath of Speaker or Member of the Council Negri.
PART IV
Oath of Member of Public Service Commission.



THE CONSTITUTION OF THE STATE OF
SARAWAK

PART I
THE STATE GOVERNMENT

Chapter 1—The Governor



Governor of the State.

1.- (1) There shall be a Governor of the State, who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.
(2) The Governor shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Council Negri supported by the votes of not less than two-thirds of the total number of the members thereof.
(3) The Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, may appoint a person to exercise the functions of the Governor during any period during which the Governor is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appointed unless he would be qualified to be appointed as Governor.
(4) A person appointed under clause (3) may take the place of the Governor as a member of the Conference of Rulers during any period during which, under that clause, he may exercise the functions of the Governor.


Qualifications and
disabilities of Governor.

2.-- (1) A person who is not a citizen or is a citizen by naturalisation shall not be appointed as Governor.
(2) The Governor shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Civil List of Governor.

3. The Legislature shall by law provide a Civil List of the Governor, which shall be a charge on and paid out of the Consolidated Fund and shall not be diminished during his continuance in office.


Oath of office of Governor.

4. The Governor, and any person appointed under Clause (3) of Article 1, shall before exercising his functions take and subscribe in the presence of the Chief Justice or of a Judge of the High Court an oath in the form set out in Part I of the Schedule.


Chapter 2—The Executive


Executive authority.

5. (1) The executive authority of the State shall be vested in the Governor but executive functions may by law be conferred on other persons.


The Supreme Council.

6. (1) There shall be a Supreme Council to advise the Governor in the exercise of his functions.
(2) The Supreme Council shall consist of—
(a) a Chief Minister and five other members appointed in accordance with, clause (3) ; and
(b) three ex officio members, namely, the State Secretary, the State Attorney-General and the State Financial Secretary.
(3) The Governor shall appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri and shall appoint the other members mentioned in paragraph (a) of clause (2) in accordance with the advice of the Chief Minister from among the members of the Council Negri:
Provided that if an appointment is made while the Council Negri is dissolved a person who was a member of the last Council may be appointed but shall not continue to hold office after the first sitting of the next Council Negri unless he is a member thereof.
(4) Notwithstanding anything in this Article, a person who is a citizen by naturalization shall not be appointed Chief Minister.
(5) The Chief Minister shall not hold any office of profit and shall not actively engage in any commercial enterprise.
(6) The Supreme Council shall be collectively responsible to the Council Negri.

Tenure of office of members of Supreme Council.

7.- (1) If the Chief Minister ceases to command the confidence of majority of the members of the Council Negri, then, unless at his office request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council other than the ex officio members.
(2) A member of the Supreme Council other than an ex officio member may at any time resign his office by writing under his hand addressed to the Governor, and a member of the Supreme Council other than the Chief Minister or an ex officio member shall also vacate his office if his appointment thereto is revoked by the Governor acting in accordance with the advice of the Chief Minister.
(3) Subject to clauses (1) and (2), a member of the Supreme Council other than the Chief Minister or an ex officio member shall hold office at the Governor's pleasure.

Oaths of member of the Supreme Council.

8.- Before a member of the Supreme Council exercises the functions of Oaths of his office he shall take and subscribe in the presence of the Governor the oath set out in Part II of the Schedule.

Allocation of portfolio and provision regarding private business interests

9.- (1) The Governor may, in accordance with the advice of the Chief Minister, assign to a member of the Supreme Council responsibility for any business of the government of the State including the administration of any department of government, and any member of the Supreme Council other than an ex officio member to whom such responsibility is assigned shall be styled " Minister ".
(2) A member of the Supreme Council shall not engage in any trade, business or profession connected with any subject or department of
government for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Supreme Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Governor to act on advice.

10. (1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Governor shall act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or this Constitution ; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Supreme Council.
(2) The Governor may act in his discretion in the performance of the following functions—
(a) the appointment of a Chief Minister ;
(b) the withholding of consent to a request for the dissolution of the Council Negri.
(3) The Legislature may by law make provision for requiring the Governor to act after consultation with, or on the recommendation of, any person or body of persons other than the Supreme Council in the exercise of any of his functions except—
(a) functions, exercisable in his discretion ; and
(b) functions with respect to the exercise of which provision is made in the Federal Constitution or any other Article of this Constitution.

Appointment of State Secretary, State Attorney-General and State Financial Secretary.

11. The offices of State Secretary, State Attorney-General and State Financial Secretary are hereby constituted, and appointments thereto shall be made by the Governor acting in accordance with the advice of the Chief Minister, who shall select for appointment a person whose name is included in a list submitted for the purpose by the Commission and shall, before tendering his advice, consult the Government of the Federation.


Chapter 3—Capacity as respects property contracts and suits


Capacity of State as respects property, contracts and suits.

12. (1) The State shall have power to acquire, hold and dispose of property of any kind and to make contracts.
(2) The State may sue and be sued.


PART II
THE LEGISLATURE


Constitution of Legislature.

13. The Legislature of the State shall consist of the Governor and one House, to be known as the Council Negri.

Composition of Council Negri.

14 (1) The Council Negri shall consist of—
(a) the Speaker ;
(b) three ex-officio members, namely, the State Secretary, the State Attorney-General and the State Financial Secretary ;
(c) such number of elected members as the Legislature may by law prescribe. elected in such manner as may be provided by Federal or State law;
(d) such number of other members (hereinafter referred to as " nominated members "), not being more than three, as the Governor, acting in his discretion after consultation with the Chief Minister, may appoint ; and
(e) subject to clause (4) of Article 18, one standing member, namely the person who, immediately before the cornmencement of this Constitution, is the standing member of the Council Negri established by the existing Orders.
(2) Until the Legidature otherwise prescribes the number of elected members shall be thirty-six.

The Speaker.

15. (1) The Speaker shall be appointed by the Governor acting in his discretion after consultation with the Chief Minister from among persons qualified to be appointed as nominated members of the Council Negri under Article 16.
(2) The Speaker shall hold oilice for such period as may be specitied in the instrument by which he is appointed, but shall vacate his office-
(a) if he resigns it by writing under his hand addressed to the Governor; or
(b) if be becomes disqualined for appointment as a nominatedmember of the Council Negri.
(3) Any question whether a person is qualified to be appointed as Speaker shall be determined by the Governor, acting in his discretion, whose decision shall be final.
(4) During any absence of the Speaker from a sitting of the Council or any vacancy in the oiiice of Speaker such member of the Council as may be determined by the Standing Orders of the Council shall act as Speaker.
(5) The Legslature shall by law provide for the remuneration of the Speaker, and the remuneration so provided shall be a charge on and paid out of the Consolidated Fund, and shall not be diminished as respects any holder of the oilice of Speaker after his appointment.

Qualifications of members.

16. Every citizen of or over the age of twer1ty~0ne years who is resident in the State is qualified to be elected as an elected member or appointed as a nominated member of the Council Negri, tutless he is disqualified for being such a member by the Federal Constitution or this Constitution or by any such law as is mentioned in Article 17.

Disqualifications for membership.

17. (1) Subject to the provisions of this Article, a person is disqualified forr being elected as an elected member or appointed as a nominated member of the Council Negri if-
(a) he is and has been found or declared to be of unsound mind ;
(b) he is an undischarged bankrupt;
(c) he holds an office of profit other than that of Native Chief;
(d) having been nominated for election to either House of Parlia ment or to the Council Negri, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required ;
(e) he has been convicted of an offence by a court of law in any part of the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand dollars and has not received a free pardon in respect thereof ;
(f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Council Negri by reason of having been convicted of such an offence, or having in proceedings relating to such an election been proved guilty of an act constituting such an offence ; or
(g) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
(2) Paragraph (c) of clause (1) shall not apply to the appointment of a person as a nominated member.
(3) The disqualification of a person under paragraph (d) or paragraph (e) of clause (1) may be removed by the Governor and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in paragraph (d) of that clause was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in paragraph (e) of that clause was released from custody, or the date on which the fine mentioned in that paragraph was imposed ; and a person shall not be disqualified under paragraph (g) of clause (1) by reason only of anything done by him before he became a citizen.
(4) In paragraph (g) of clause (1) " foreign country " has the same meaning as in the Federal Constitution.

Tenure of seats of members.

18. (1) Every elected or nominated member of the Council Negri shall vacate his seat in the Council on a dissolution of the Council,
(2) An elected or nominated member shall also vacate his seat in the Council if—
(a) he ceases to be qualified for election or appointment as such a member of the Council ;
(b) he resigns his seat by writing under his hand addressed to the Speaker ; or
(c) he is absent without the leave of the Speaker from every sitting of the Council for three consecutive meetings.
(3) For the purposes of paragraph (c) of clause (2), "meeting" means any sitting or sittings of the Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die or at the conclusion of a Session.
(4) The standing member of the Council Negri shall vacate his seat in lie Council if he resigns it by writing under his hand addressed to the Speaker or if he ceases to be President of the Majlis Islam or to hold an office of emolument in the public service ; and upon the seat of the standing member becoming vacant paragraph (e) of clause (1) of Article 14 shall cease to have effect.

Decision as to disqualification.

19. If any question arises whether the Speaker or a member of the Council Negri has ceased to be qualified for appointment or election as such, the decision of the Council shall be taken and shall be final :
Provided that this Article shall not be taken to prevent the practice of the Council postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

Penalty for unqualified person sitting or voting in the Council Negri.

20. Any person who sits or votes in the Council Negri, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding two hundred dollars for each day on which he so sits or votes, which penalty shall be recoverable as a civil debt in the High Court at the suit of the State Attorney General.

Summoning, prorogation and dissolution of Council Negri.

21. (1) The Governor may from time to tune summon the Council Negri, and shall not allow six months to elapse between the last sitting prorogation in one session and the date appointed for its first sitting in the next Solution of session.
(2) The Governor may prorogue or dissolve the Council Negri.
(3) The Council Negri shall, unless sooner dissolved, continue for five years from the date of its first sitting and shall then stand dissolved.
(4) Whenever the Council Negri is dissolved, a general election shall be held within sixty days from the date of the dissolution and the new Council Negri shall be summoned to meet on a date not later than ninety days from that date.
(5) Whenever the seat of an elected member has become vacant for any reason other than a dissolution, the vacancy shall, within sixty days from the date on which it is established that there is a vacancy, be filled by election in accordance with the provisions of this Constitution.

Oath of Speaker and members.

22. The Speaker shall before exercising the functions of bis office take Oath of and subscribe before the Governor the oath set out in Part III of the Speaker and Schedule and every member of the Council Negri shall before taking his seat take and subscribe the said oath before the Speaker.

Address by Governor.

23. The Governor may address the Council Negri and may send mes- Address by sages thereto.

Procedure of Council Negri.

24. (1) Subject to the provisions of this Constitution, the Council Negri shall regulate its own procedure and may make Standing Orders for that purpose.
(2) The Council Negri shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and the Negri.
presence or participation of any person not entitled to be present or to participate shall not invalidate any proceedings.
(3) Subject to clauses (5) and (6) and to clause (2) of Article 41, the Council Negri shall, if not unanimous, take its decision by a simple majority of members voting ; and the Speaker or member presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
(4) Members absent from the Council Negri shall not be allowed to vote.
(5) The Standing Orders of the Council Negri may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.
(6) No Bill making provision for controlling or restricting the pro pagation of any religious doctrine or belief among persons professing the Muslim religion shall be passed by the Council Negri unless it has been supported on the second and third readings by the votes of not less than two-thirds of the total number of the members thereof.
(7) No Bill or amendment involving expenditure from the Consoli dated Fund may be introduced or moved in the Council Negri except by a member of the Supreme Council.
(8) For a period of ten years after Malaysia Day, and thereafter until the Legislature by law otherwise provides, all proceedings in the Council may be in the English language and, subject to the Standing Orders of the Council Negri, members may use any Native language in addressing the Council.
(9) If objection is taken by any member present that there are present (besides the Speaker or member presiding) fewer than one-third of the total number of members and after such interval as may be pre scribed in the Standing Orders of the Council, the person presiding ascertains that the number of members present is still less than one-third of the total number of members, he shall thereupon adjourn the Council.

Privileges of the Council Negri and members.

25. Subject to Article 72 of the Federal Constitution, it shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of the Council Negri ; but no such privileges, immunities or powers shall exceed those of the Federal House of Representatives.

Exercise of Legislative power.

26. (1) The power of the Legislature to make laws shall be exercised by Bills passed by the Council Negri and assented to by the Governor.
(2) All laws enacted by the Legislature shall be styled Ordinances and the words of enactment shall be " Enacted by the Legislature of Sarawak ".
(3) A Bill shall become law on being assented to by the Governor, but no law shall come into force until it has been published in the Gazette, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retro spective effect.

Supremacy of Constitution.

27. Any Ordinance passed on or after Malaysia Day which is incon sistent with this Constitution shall, to the extent of the inconsistency, be void.


Part III
FINANCIAL PROVISIONS


No taxation unless authorized by law.

28. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law.

Consolidated Fund.

29. (1) All revenues and moneys howsoever raised or received by the consolidated State from whatsoever source shall, subject to this Constitution and any Fund, law, be paid into and form one fund to be known as " the Consolidated Fund ".
(2) There shall be charged on and paid out of the Consolidated Fund, in addition to any grant, remuneration or other moneys so charged by any other provision of this Consititution or by State law—
(a) all debt charges for which the State is liable ; and
(b) any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.
(3) For the purposes of this Article, " debt charges " include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Annual financial statement.

30. (1) The Governor shall, in respect of every financial year, cause to be laid before the Council Negri a statement of the estimated receipts and expenditure of the State for that year, and, unless the Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.
(2) The estimates of expenditure shall show separately—
(a) the total sums required to meet expenditure charged on the Consolidated Fund ; and
(b) subject to clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
(3) The sums referred to in paragraph (b) of clause (2) do not include—
(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those pur poses by the law authorizing the raising of the loan ;
(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust ; and
(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with State law.
(4) The statement of estimated receipts and expenditure shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding.

Supply Bills.

31. The heads of expenditure to be met from the Consolidated Fund in respect of any financial year but not charged thereon, other than expenditure to be met by such sums as are mentioned in clause (3) of Article 30, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure.

32. If in respect of any financial year it is found—
(a) that the amount appropriated by the Supply Ordinance for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Ordinance ;
(b) that any moneys have been expended for any purpose in excess of the amount, if any, appropriated for that purpose by the Supply Ordinance,
a supplementary estimate showing the sums required or spent shall be laid before the Council Negri, and the heads of any such expenditure shall be included in a Supply Bill.

Withdrawals from Consolidated Fund.

33. (1) Subject to the following provisions of this Article, no moneys shall be withdrawn from the Consolidated Fund unless they are—
(a) charged on the Consolidated Fund ; or
(b) authorized to be issued by a Supply Ordinance.
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by Federal law.
(3) Clause (1) shall not apply to any such sums as are mentioned in clause (3) of Article 30.
(4) The Legislature may, in respect of any financial year, by law authorize, before the passing of the Supply Ordinance, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

Financial Year.

34. For the purposes of this Part " financial year " means the period of twelve months ending on the thirty-first day of December in any year or such other day as the Legislature may by law prescribe.


PART IV
THE PUBLIC SERVICE


The Public Service Commission.

35. (1) There shall be a Public Service Commission for the State which shall consist of a Chairman, a Deputy Chairman and not less than two or more than four other members, each of whom shall be appointed by the Governor after consultation with the Chief Minister.
(2) A person shall not be appointed to be a member of the Commission if he is, and shall cease to be such a member if he becomes—
(a) a public officer:
Provided that a public officer may be appointed to be a member of the Commission if he is on leave prior to retire ment ;
(b) a member of either House of Parliament or of the Council Negri;
(c) a member, officer or employee of any local authority ;
(d) a member of any trade union, or of any body or association affiliated to a trade union ; or
(e) the holder of any office in any political association.
(3) Subject to clauses (2) and (4), every member of the Commission shall, unless he earlier resigns his office, by writing under his hand addressed to the Governor hold office for a period of five years from the date of his appointment or for such shorter period as may be specified hi the instrument by which he is appointed.
(4) If the Chief Minister, or the Chairman of the Commission after consulting with the Chief Minister, represents to the Governor that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the Governor shall appoint a tribunal in accordance with clause (5) and shall refer the representation to it ; and, if the tribunal so recommends, the Governor shall remove that member from office by writing under his hand.
(5) A tribunal appointed under clause (4) shall consist of not less than three persons who hold or have held office as Judge of the Federal Court or of any High Court in the Federation or, if it appears to the Governor expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Common wealth.
(6) A tribunal appointed under clause (4) shall regulate its own procedure and may make rules for that purpose.
(7) Where a representation has been made to the Governor under Clause (4), he may on the recommendation of the Chief Minister suspend the member concerned from the exercise of his functions pending the report of the tribunal on that representation.
(8) Where, during any period, a member of the Commission has been granted leave of absence by the Governor or is unable, owing to his absence from the State, illness or any other cause, to discharge his functions as such a member the Governor may appoint as a temporary member of the Commission to exercise his functions during that period, any person who would be qualified to be appointed in his place ; and the appointment of any such temporary member shall be made in the same manner as that of any other member of the Commission.
(9) Before exercising the functions of his office every member of the Commission shall take and subscribe before the Chief Justice or some other Judge of the High Court the oath in the form set out in Part IV of the Schedule.
(10) Members of the Commission shall be paid such remuneration as the Legislature may by law provide, and such remuneration shall be a charge on and paid out of the Consolidated Fund.
(11) Subject to the provisions of this Constitution, the terms of service of the members of the Commission—
(a) shall be such as the Legislature may by law prescribe ; and
(b) in so far as they are not so prescribed, shall be determined by the Governor.
(12) The remuneration and other terms of service of any member of the Commission shall not be altered to his disadvantage after his appointment.
(13) For the purposes of clause (12), in so far as the terms of service of a member of the Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any others for which he might have opted.

Functions of Commission.

36. (1) Subject to the provisions of the Federal Constitution and of this Constitution, it shall be the duty of the Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the public service.
(2) The Legislature may by law provide for the exercise of other functions by the Commission.
(3) In clause (1), " member of the public service " does not include any person whose remuneration is calculated at a daily rate, and " transfer " does not include transfer without a change of rank within a department of Government.
(4) The Governor may designate as special posts any posts in the public service held by the head or deputy head of a department or by an officer who in his opinion is of similar status, and an appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the Governor on the recommendation of the Commission.
(5) Before acting, in accordance with clause (4), on the recommendation of the Commission, the Governor shall consider the advice of the Chief Minister and may once refer the recommendation back to the Commission in order that it may be reconsidered.
(6) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate to any public officer, or to any board of public officers appointed by it, any of its functions under clause (1) in respect of any grade of members of the public service, and that officer or board shall exercise those functions under the direction and control of the Commission.
(7) In respect of members of the public service who are employed in posts ancillary to the police force, or in respect of any grade of members of the public service who are so employed, functions of the Commission may, under Clause (6), to be made exercisable by an officer or board of officers of the police force as if he or they were a public officer or board of public officers.
(8) The Commission shall make an annual report on the discharge of its functions to the Governor, who shall cause copies of the report to be laid before the Council Negri.

Procedure of Commission.

37. (1) At any meeting of the Commission three members, who shall include the Chairman or Deputy Chairman, shall form a quorum.
(2) Subject to clause (1), the Commission may act notwithstanding any vacancy in its membership, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(3) The Commission may, subject to the provisions of this Constitution, regulate its procedure and make rules for that purpose, and, with the consent of the Governor, may, in connection with the discharge of its functions, confer powers and impose duties on any public officer or any authority of the Government of the State.

Impartial treatment of State employees.

38. All persons of whatever race in the same grade of the service of the State shall, subject to the terms and conditions of their employment, be treated impartially.


PART V
GENERAL PROVISIONS


Reservation of quotas in respect of the public service and educational facilities for Natives.

39. (1) It shall be the responsibility of the Governor to safeguard the special position of the Natives and the legitimate interests of other communities in accordance with the provisions of this Article.
(2) The Governor shall exercise his functions under this Constitution and under State law in such manner as may be necessary to safeguard the special position of the Natives and to ensure the reservation for Natives of such proportion as he may deem reasonable of offices in the public service and of scholarships, exhibitions and other similar educational or training privileges, or special facilities, given or accorded by or with the approval of the State Government.
(3) The Governor may, in order to ensure in accordance with clause (2) the reservation to Natives of offices in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to the Commission, or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities ; and the Commission or authority shall duly comply with the directions.
(4) In exercising his functions under this Constitution and under State law in accordance with clauses (1), (2) and (3), the Governor shall
not deprive any person of any office in the public service held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.
(5) This Article does not derogate from the provisions of Article 38.

The Public Seal.

40. The Governor shall keep and use the Public Seal of Sarawak for all things that shall pass that Seal ; and, until a Seal shall be provided for the State, a stamp bearing the inscription " State of Sarawak : Public Seal of the State " may be used as the Public Seal of Sarawak.

Amendment of Constitution.

41. (1) Subject to the following provisions of this Article, the provisions of this Constitution may be amended by an Ordinance enacted by the Legislature but may not be amended by any other means.
(2) Subject to clause (3), a Bill for making an amendment to this Constitution shall not be passed by the Council Negri unless it has been supported on the second and third readings by the votes of not less than two-thirds of the total number of members thereof.
(3) Clause (2) shall not apply to a Bill for making—
(a) any amendment consequential on a law prescribing the number of elected members of the Council Negri ; or
(b) any amendment for the purpose of bringing this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution as for the time being in force.
(4) In this Article " amendment " includes addition and repeal.

Authorized reprints of Constitution.

42. The Council Negri may from time to time by resolution authorize the Government Printer to print copies of this Constitution including all amendments in force at the date of such authorization ; and any such copy so printed shall be deemed for all purposes to be a true and correct copy.

Re-appointment and re-election.

43. Where any person has vacated any office established by this Constitution he may, if qualified, again be appointed or elected to that office, in accordance with the provisions of this Constitution.

Interpretation.

44. (1) In this Constitution, unless the context otherwise requires—
" citizen " means a citizen of the Federation ;
" the Conference of Rulers " means the Conference of Rulers constituted by the Federal Constitution ;
" the Commission " means the Public Service Commission of the State ;
" existing law " means any law having effect as part of the law of the Colony of Sarawak or any part thereof immediately before the commencement of this Constitution ;
" the existing Orders " means the Sarawak (Constitution) Orders in Council 1956 to 1963 ;
" the Federal Constitution " means the Constitution of the Federation and includes the Malaysia Act, 1963 ;
" Federal law " means—
(a) any existing law contining to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a Federal law ; and
(b) any Act of Parliament, or other law of the Federation relating to matters about which Parliament has power to make laws, which extends to the State;
" the Federation " means the Federation to be known, on and after Malaysia Day, by the name Malaysia ;
" the Gazette " means the official Gazette of the State ;
" the Governor " means the Governor of the State ;
" the High Court " means the High Court in Borneo constituted by the Federal Constitution ;
" the Legislature " means the Legislature of the State ;
" Malaysia Day " means 31st August, 1963 ;
"Native" has the same meaning as it has in the Federal Constitution for the purposes of the application of Article 153 thereof to Natives of the State ;
" office of profit " has the same meaning as in the Federal Constitution ;
" Parliament " means the Parliament of the Federation ;
" public officer " means a person holding or acting in any office of emolument in the public service ;
"the public service" means, subject to the provisions of Clause (2), the public service of the State ;
" session " means, in relation to the Council Negri, the sittings of the Council commencing when it first meets after its prorogation or dissolution and terminating when it is prorogued or is dissolved without having been prorogued ;
" sitting " means, in relation to the Council Negri, a period during which the Council is sitting continuously without adjourn ment, and includes any period during which the Council is in committee ;
" the State " means the State of Sarawak ;
" State law " means—
(a) any existing law continuing to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a State law ; and
(b) any law made by the Legislature ;
" the Yang di-Pertuan Agong" means the Yang di-Pertuan Agong of the Federation.
(2) In this Constitution references to an office in thé public service shall not be construed as including references to the office of—
(a) Governor, Chief Minister or other Minister or member of the Supreme Council, Speaker or member of the Council Negri, a member of the Commission, a member of the Pardons Board constituted for the State under the Federal Constitution, the President of the Majb's Islam, the Mufti, or any Headman as defined iû the Local Authority Ordinance ; or
(b) save in so far as the Legislature may by law prescribe, a member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.
(3) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the terms designating his office shall be construed as including a reference to any person for the time being acting in that office.
(4) Unless the context otherwise requires, any reference in this Constitution to a specified Part or Article or to the Schedule is a reference to that Part or Article of, or to the Schedule to, this Constitution and any reference to a clause or paragraph is a reference to that clause of the Article or paragraph of the clause in which the reference occurs.
(5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance.

Commencement.

45. Subject to the provisions of Part VI, this Constitution shall come into operation immediately before Malaysia Day.


PART VI
TRANSITIONAL PROVISIONS


Existing Laws.

46. (1) Subject to the provisions of this Article and to any provision made on or after Malaysia Day by or under Federal law or State law, all existing laws shall on and after the commencement of this Constitution continue to have effect but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of this Constitution.
(2) Subject as aforesaid and without prejudice to the generality of clause (1), references in any existing law to the Colony of Sarawak or any officer holding office under the Government of the Colony or to any authority or body constituted in or for the Colony shall be construed on and after the commencement of this Constitution as references to the State or to the corresponding officer, authority or body respectively.
(3) (a) The Governor of the Colony of Sarawak may by order made at any time before Malaysia Day make such modifications in any existing law as appear to him to be necessary or expedient in consequence of the promulgation of this Constitution or the passing of the Malaysia Act, 1963.
(b) This clause shall come into operation on the publication of this Constitution in the Gazette.
(c) An order made under this clause shall have effect from such date, not being later than the commencement of this Constitution, as may be specified therein.
(4) (a) The Governor may by order at any time after the commencement of this Constitution and before the end of August 1965 make such modifications in any existing law, to the extent Uiat it is by virtue of the provisions of the Federal Constitution treated as a State law, as appear to him to be necessary or expedient in consequence of the promulgation of this Constitution or the passing of the Malaysia Act, 1963.
(b) An order made under this clause shall have effect from such date, not being earlier than the commencement of this Constitution, as may be specified therein.
(5) Any provision made by an order under this Article with respect to any law may be amended or repealed in like manner as that law.
(6) An order made under clause (3) shall be laid before the Council Negri as soon as may be on or after Malaysia Day and an order made under clause (4) shall be so laid as soon as may be after it is made.
(7) In clauses (3) and (4) " modification " includes amendment, adaptation and repeal.

Succession to property.

47. (1) Subject to the provisions of this Article, all property and assets which immediately before the commencement of this Constitution were vested in Her Majesty for the purposes of the Colony of Sarawak shall on the commencement of this Constitution vest in the State.
(2) Any land in the State which immediately before the commencement of this Constitution was vested in Her Majesty shall on the commencement of this Constitution vest in the State.
(3) Any property which was immediately before the commencement of this Constitution liable to escheat to Her Majesty shall on the commencement of this Constitution be liable to escheat to the State.

Rights, liabilities and obligations.

48. (1) All rights, liabilities and obligations of Her Majesty in respect of the government of the colony of Sarawak shall on the commencement of this Constitution become rights, liabilities and obligations of the State.
(2) In this Article rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 47 applies.

First Governor.

49. The first Governor shall be a person nominated before Malaysia Day by Her Majesty and the Yang di-Pertuan Agong, and appointed by the Yang di-Pertuan Agong; and the appointment shall be for a term of two years beginning with Malaysia Day.

Transitional provisions relating to Supreme Council.

50. The persons who, immediately before the commencement of this Constitution, hold the offices of Chief Minister and other members (not being the offices of ex officio members) of the Supreme Council established by the existing Orders shall, as from the commencement of this Constitution, be deemed to have been appointed to hold the like offices as members of the Supreme Council under Article 6.

Transitional provisions relating to the Legislature.

51. (1) Notwithstanding the provisions of Article 15, the person who, immediately before the commencement of this Constitution, holds office as Speaker of the existing Council Negri shall be the first. Speaker of the new Council Negri, and shall hold office until 31st August, 1965 unless before that date he resigns his office by writing under his hand addressed to the Governor or becomes subject to any of the disqualifications for appointment as a nominated member of the new Council set out in Article 17.
(2) (a) Any person who, immediately before the commencement of this Constitution, is an elected or nominated member of the existing Council Negri and is not subject to any of the disqualifications set out in Article 17 for being elected as an elected member or, as the case may be, appointed as a nominated member of the new Council Negri shall, as from the commencement of this Constitution, be deemed to have been elected as an elected member or, as the case may be, appointed as a nominated member of the new Council Negri in accordance with the provisions of this Constitution and, subject to paragraphs (b) and (c), shall hold his seat in the new Council Negri in accordance with those provisions.
(b) Such a person as is referred to in paragraph (a) shall be a member of the new Council Negri by virtue of that paragraph irrespective of whether he is a citizen and consequently, while he is such a member by virtue of that paragraph, the provision of Article 16 that only citizens shall be qualified for membership of the Council Negri shall not apply in relation to him.
(c) Notwithstanding the provisions of clause (3) of Article 17 (which, among other things, exempts from the operation of paragraph (g) of clause (1) of that Article anything done by a person before he becomes a citizen), if, while he is a member of the new Council Negri by virtue of paragraph (a), a person who is not a citizen does any of the things referred to in the said paragraph (g), he shall vacate his seat in the Council.
(3) The Standing Orders of the existing Council Negri as in force immediately before the commencement of this Constitution shall, until they are replaced by Standing Orders made by the new Council Negri, be the Standing Orders of the new Council but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of this Constitution.
(4) In this Article " the existing Council Negri " means the Council Negri established by the existing Orders and " the new Council Negri " means the Council Negri established by this Constitution. Transitional financial provisions.
52. (1) Part III, except Article 28, shall not come into operation until 1st January 1964.
(2) Until the coming into operation of Part III, any sums which under this Constitution (including Part III) are a charge on the Consolidated Fund shall be a charge on the revenues and other funds of the State and payment thereof shall be made by virtue of this clause without further authority of any law.
(3) Nothing in clause (1) shall prevent the making of any provision or, doing of any other thing before 1st January 1964 for the purposes of Part III in respect of the financial year beginning on that date.

Transitional provisions relating to Public Service Commission.

53. Any person who, immediately before the commencement of this Constitution, holds office as Chairman, Deputy Chairman or any other member of the Public Service Commission established by the Sarawak (Public Service Commission) Order in Council 1961 shall, as from the commencement of this Constitution, hold the like office as a member of the Commission established by this Constitution as if he had been appointed thereto under Article 35 for a period of two years from the commencement of this Constitution.

Existing officers.

54. (1) Subject to the provisions of the Federal Constitution and this Constitution, any person who immediately before the commencement of this Constitution is in the service of Her Majesty in respect of the government of the colony of Sarawak shall—
(a) on the commencement of this Constitution cease to be in such service and become a person in the service of the State ;
(b) so long as he continues in such service, be entitled to terms and conditions of service not less favourable than those applicable to him immediately before the commencement of this Constitution ;
(c) be deemed to have been appointed on the commencement of this Constitution to hold or to act in any office in the service of the State corresponding to that which he holds or is acting in immediately before the commencement of this Constitution and to have taken any oath in connection therewith required by law.
(2) For the purposes of clause (1)—
(a) any terms or conditions of service for which, on or after Malaysia Day, a person opts shall be deemed to be not less favourable than those applicable to him immediately before the commencement of this Constitution ;
(b) the offices of State Secretary, State Attorney-General and State Financial Secretary shall, unless the Governor of the colony of Sarawak otherwise directs, be regarded as corresponding respectively to the offices of Chief Secretary, Attorney-General and Financial Secretary of the colony of Sarawak ; and
(c) The Governor may by order declare that any other office specified in such order shall be regarded as corresponding to another office so specified.
(3) Clause (1) does not apply to the Governor of the colony of Sarawak.

Secondment of members of the Public service to Federal Service.

55. (1) All persons who on the commencement of this Constitution are members of the police force in the State (and are not on leave pending retirement) shall on Malaysia Day be seconded to the police force of the Federation.
(2) Where on Malaysia Day any post in the judicial and legal branch of the public service becomes a post in the judicial and legal service of the Federation any person serving in that post on the commencement of this Constitution shall on Malaysia Day be seconded to the judicial and legal service of the Federation.
(3) Subject to Clause (4), where on Malaysia Day or any day there after any post in the public service becomes a post in the general public service of the Federation any person serving in that post immediately before that day shall on that day be seconded to the general public service of the Federation.
(4) Clause (3) shall not apply to persons in such grades of service as the Governor may, with the consent of the Yang di-Pertuan Agong, direct.
(5) The power conferred on the Governor by clause (4) may be exercised by the Governor of the colony of Sarawak at any time after the publication of this Constitution in the Gazette.

Compulsory retirement to facilitate appointment of local candidates.

56. (1) If the Chief Minister so requests, the Commission shall consider whether there are more local candidates suitably qualified for appointment to, or promotion in, any branch of the public service specified by the Chief Minister than there are vacancies in that branch that could appropriately be filled by such local candidates ; and the Commission, if satisfied that such is the case, shall, if so requested by the Chief Minister, select officers in that branch to whom this Article applies and whose retirement would in the opinion of the Commission cause vacancies that could appropriately be filled by such suitably qualified local candidates as are available and fit for appointment and inform the Chief Minister of the number of officers so selected ; and if the Chief Minister specified a number of officers to be called upon to retire (not exceeding the number of officers so selected) the Commission shall nominate that number of officers from among the officers so selected and by notice in writing require them to retire from the public service ; and any officer who is so required to retire shall retire accordingly.
(2) An officer who has been given notice by or on behalf of the Government of the State or of the colony of Sarawak that he will continue to be employed in the public service for a minimum period specified hi the notice shall not be required to retire under clause (1) before the expiry of that period.
(3) This Article applies to—
(a) any entitled officer as defined in the Schedule to the Sarawak (Compensation and Retiring Benefits) Order in Council, 1963 ; and
(b) any officer on probation who, if he had been confirmed in his appointment, would have been such an entitled officer.

Police Board.

57. (1) There shall be a Police Board for the State which shall consist of—
(a) the Chairman of the Commission, who shall be the Chair man of the Board ;
(b) the State Attorney-General;
(c) the senior officer of police in the State ; and
(d) a person designated by the Director of Police Affairs.
(2) Notwithstanding clause (1) of Article 36, it shall be the duty of the Police Board to exercise disciplinary control over members of the public service who are seconded to the police force.
(3) The Police Board may, by directions in writing and subject to such conditions as it thinks fit, delegate to any police officer, or to any board of police officers appointed by it, any of its functions under clause (2) in respect of any rank in the police force, and that officer or board shall exercise those functions under the direction and control of the Police Board.
(4) The functions conferred by this Article shall be exercised in accordance with the provisions of any Federal law prescribing offences against police force discipline and the punishment that may be imposed for any such offence.
(5) At any meeting of the Police Board two members including the Chairman or, if the Chairman is not present, three members shall form a quorum ; and if on any question the votes of the members present are equally divided the Chairman may exercise a casting vote.
(6) Subject to clause (5), the Police Board may act notwithstanding any vacancy in its membership, and any proceeding of the Board shall be valid notwithstanding that some person not entitled to do so took part therein.
(7) Subject to the provisions of this Article, the Police Board may regulate its procedure and make rules for that purpose.

Modification of form of oath in certain cases.

58. When a person who is not a citizen is required by this Constitution to take an oath on becoming an ex officio member of the Supreme Council or the Council Negri, the Speaker or a nominated member of the Council Negri or the Chairman of the Commission, the words " and allegiance " shall be omitted from the oath.

THE SCHEDULE

FORMS OF OATHS AND AFFIRMATIONS


(Articles 4, 8,
22 and 35 (8))


PART I


Oath of Office of Governor

I,      , having been appointed as (or to exercise the functions of) Governor of the State of Sarawak, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of Sarawak and to the Federation of Malaysia and that I will preserve, protect and defend the Constitution of the State of Sarawak.


PART II


Oath of Member of Supreme Council

I,      , having been appointed to the office of (or having become an ex officio member of the Supreme Council) do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, that I will bear true faith and allegiance to the State of Sarawak and to the Federation of Malaysia, that I will preserve, protect and defend the Constitution of the State of Sarawak, and that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a member of the Supreme Council of the State of Sarawak except as may be required for the due discharge of my duties as such or may be specially permitted by the Governor.


PART III


Oath of Speaker or Member of the Council Negri

I,      , having been elected (or appointed) as a member (or Speaker) (or having become an ex officio member) of the Council Negri of the State of Sarawak, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of Sarawak and to the Federation of Malaysia and that I will preserve, protect and defend the Constitution of the State of Sarawak.


PART IV


Oath of Member of Public Service Commission

I,      , having been appointed to the office of a member of the Public Service Commission of the State of Sarawak do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, and that I will bear true faith and allegiance to the State of Sarawak and will preserve, protect and defend its Constitution.









TABLE OF CONTENTS

PART I
THE STATE GOVERNMENT


Chapter 1—The Yang di-Pertuan Negara


 1. The Yang di-Pertuan Negara.

 2. Qualifications and disabilities of Yang di-Pertuan Negara.

 3. Oath of office of Yang di-Pertuan Negara.

 4. Civil List and Personal Staff of Yang di-Pertuan Negara and remuneration of acting Yang di-Pertuan Negara.

 5. Yang di-Pertuan Negara to act on advice.


Chapter 2—Muslim Religion


 6. Muslim Religion.


Chapter 3—The Executive


 7. Executive authority of the State.

 8. Cabinet.

 9. Appointment of Ministers.

10. Tenure of office of Ministers.

11. Oath.

12. Summoning of and presiding in the Cabinet.

13. Validity of proceedings in the Cabinet.

14. Allocation of portfolios to Ministers.

15. Parliamentary Secretaries.

16. Leave of absence for Ministers and Parliamentary Secretaries.

17. Disabilities of Ministers and Parliamentary Secretaries.

18. Permanent Secretaries.

19. State Advocate-General.

20. Secretary to the Cabinet.


Chapter 4—Capacity as regards property, contracts and suits


21. Capacity of State as regards property, contracts and suits.


PART II
THE LEGISLATURE


22. Legislature of the State.

23. Legislative Assembly.

24. Speaker.
25. Remuneration of Speaker. 26. Deputy Speaker.

27. Performance of functions of Speaker.

28. Qualifications for membership of Legislative Assembly,

29. Disqualifications for membership of Legislative Assembly.

30. Tenure of office of Members.

31. Provision against double membership.

32. Decision of questions as to disqualification.

33. Filling of vacancies.

34. Penalty for unqualified person sitting or voting in Legislative Assembly. 35. Staff of Legislative Assembly.

36. Standing Orders.

37. Use of languages in Legislative Assembly.

38. Presiding in Legislative Assembly.

39. Validity of proceedings of Legislative Assembly.

40. Quorum.

41. Voting.

42. Exercise of legislative power.

43. Introduction of Bills.

44. Words of enactment of laws.

45. Oath of Allegiance.

46. Address by Yang di-Pertuan Negara.

47. Privileges of the Legislative Assembly and Members.

48. Sessions of Legislative Assembly.

49. Prorogation and dissolution.

50. General Elections.

51. Remuneration of Members.

52. Supremacy of Constitution.


PART III
CITIZENSHIP


53. Status of Citizen of Singapore.

54. Citizenship by birth.

55. Citizenship by descent.

56. Transfer of citizenship.

57. Citizenship by registration.

58. Registration of minors.

59. Effect of enrolment and registration.

60. General provisions as to registration.

61. Deprivation of citizenship,

62. Cancellation of enrolment as citizen.

63. Procedure for deprivation.

64. Termination of citizenship of Malaysia.

65. Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship.

66. Grant of certificate of citizenship in cases of doubt. 67. Information to be given to Federal Government.

68. Application of Third Schedule.

69. Repeal.


PART IV THE PUBLIC SERVICE


70. Interpretation.

71. Public Service Commission.

72. Disqualification for appointment to the Commission.

73. Tenure of office.

74. Terms of service of Chairman and members of the Commission.

75. Appointment etc. of public officers.

76. Protection of pension rights.

77. Power of Public Service Commission in relation to pensions, etc.

78. Pensions, etc. to be charged on the Consolidated Fund.

79. Pension rights on transfer.

80. Regulations regarding Commission.

81. Performance by Public Service Commission of other functions.


PART V
FINANCIAL PROVISIONS


82. No taxation unless authorized by law.

83. The Consolidated Fund.

84. Estimates.

85. Authorization of expenditure.

86. Meeting expenditure from the Consolidated Fund.

87. Contingencies Fund.

88. Debt charges and moneys required to satisfy judgments.


PART VI
GENERAL PROVISIONS


89. Minorities and special position of the Malays.

90. Amendment of Constitution.

91. Interpretation.

92. Impartial treatment of State employees.

93. Authorized reprints of Constitution.

94. Date of coming into operation.


Part VII
TEMPORARY AND TRANSITIONAL PROVISIONS


95. Yang di-Pertuan Negara.

96. Legislative Assembly.

97. Existing Standing Orders.

98. The Cabinet.

99. The Public Service Commission.

100. Public officers to continue in office.

101. Terms of service of persons who continue in office.

102. Secondment of members of public service to Federal service.

103. Succession to property.

104. Rights, liabilities and obligations.

105. Existing laws.

First Schedule.

Second Schedule.

Third Schedule.

Forms of oaths.

Oath of allegiance and loyalty.

Citizenship.

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ANNEX E




TABLE OF CONTENTS


PART I
GENERAL


1. Short title and construction.

2. Commencement.

3. General extension and adaptation of federal Ordinance, and repeal of State laws.


PART II
SPECIAL PROVISIONS FOR THE BORNEO STATES


4. Application of immigration law to each Borneo State as separate unit.

5. General powers of State Authority.

6. Restriction on citizen's right of entry into Borneo State.

7. Right to enter Borneo State for exercise of political rights.

8. Right to enter Borneo State for purposes of Federal Govern ment.

9. Entry from outside Federation for purposes of State Government.

10. Temporary protection for potential citizens in a Borneo State.

11. Persons to be treated as belonging to Borneo State. 12. Meaning of " State authority ".


PART III
SUPPLEMENTARY


13. Travel documents required.

14. Provision for internal travel documents.

15. Continuation of State subsidiary legislation.

16. Power to make supplementary and transitional provision.


First Schedule—General adaptations of Immigration Ordinance, 1959.

Second Schedule—Form of internal travel document.[1]





DRAFT

A BILL

intituled


An Act to extend and adapt the Immigration Ordinance, 1959, for Malaysia, and to make additional provision with respect to entry into the States of Sabah and Sarawak.


[                                            ]

BE IT ENACTED by the Duli Yang Maha Mulia Serf Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Ra'ayat in Parliament assembled, and by the authority of the same, as follows :

PART I
GENERAL


Short title construction.

1. This Act may be cited as the Immigration Act, 1963, and shall be and construed as one with the Immigration Ordinance, 1959.

Commencement.

2. Save as otherwise provided by this Act, this Act shall come into operation on Malaysia Day that is to say, the 31st day of August, 1963.

General extension
and adaptation of
federal Ordinance,
and repeal of State
laws.

3. (1) Subject to the provisions of this Act, the Immigration Ordinance, 1959, shall extend throughout Malaysia (and references therein to the Federation shall be construed accordingly), and the following immigration laws of the States of Sabah, Sarawak and Singapore shall cease to have effect, that is to say,
(a) in Sabah, the Immigration Ordinance, 1962 (No. 1 of 1962) ;
(b) in Sarawak, the Immigration Ordinance (Cap. 15) ;
(c) in Singapore, the Immigration Ordinance (Cap. 102).
(2) In the Immigration Ordinance, 1959, there shall be made the amendments provided for by the Schedule.
(3) Parts II and III of the Delegation of Powers Ordinance, 1956, so far as relevant for the purposes of the Immigration Ordinance, 1959, shall for those purposes extend to the States of Sabah, Sarawak and Singapore, whether or not so extended for any other purpose.

Page:Agreement relating to Malaysia (1963).djvu/178 1970 Nations Unies — Recueil des Traités 185 class of persons, or to do so only for a specified period or on specified terms and conditions ; or (b) restricting the making of endorsements on a Permit, Pass or Certificate or any description thereof ; or (c) requiring him to exercise any discretion vested in him to cancel any Permit, Pass or Certificate issued to a specified person, or to deem a specified person to be an undesirable immigrant, or to declare that a specified person's presence in the Borneo State is unlawful, or to order a specified person's removal from the State. (2) Where the Controller takes any action in obedience or purported obedience to any directions given under sub-section (1), and there is an appeal to the Minister against that action, the Minister shall not allow the appeal without the concurrence of the State authority. (3) An order under section 55 (exemptions) of the Immigration Ordinance, 1959 shall not have effect for the purposes of the Ordinance as a special law for a Borneo State, except in so far as its provisions are by the same or a subsequent order applied to those purposes with the concurrence of the State authority. Restriction entry into Borneo State. 6. (1) Subject to subsection (2) and to sections 7 and 8, a citizen of the Federation sha11 not ^ entitled to enter a Borneo State without having obtained a Permit or Pass in that behalf unless— (a) he belongs to the Borneo State ; or (6) he is a member of the Federal Government, or of the Executive Council or Legislative Assembly of the Borneo State (or of any Council having similar functions in the State); or (c) he is a judge of the Federal Court or of the High Court in Borneo, or is a person designated or nominated to act as such, or he is a member of any Commission or Council established by the Federal Constitution or by the constitution of the Borneo State; or (d) he is a member of any of the public services of the Federa tion, or of the public service of the Borneo State, or of a joint public service serving the Borneo State, or is seconded to any such service. (2) Where a citizen of the Federation is entitled to enter the Borneo State under sub-section (1), the citizen's children under the age of eighteen years and (if he is a man) his wife, if entering the Borneo State with, or to be with, the citizen, shall not be required by sub section (1) to obtain a Permit or Pass in that behalf. N» 10760 Page:Agreement relating to Malaysia (1963).djvu/180 Page:Agreement relating to Malaysia (1963).djvu/181 Page:Agreement relating to Malaysia (1963).djvu/182 Page:Agreement relating to Malaysia (1963).djvu/183 Page:Agreement relating to Malaysia (1963).djvu/184 Page:Agreement relating to Malaysia (1963).djvu/185 Page:Agreement relating to Malaysia (1963).djvu/186

ANNEX F


1. Paragraph (14) of section 6 of Annex 3 of the Agreement of External Defence and Mutual Assistance between thc Government of the United Kingdom of Great Britain and Northern Ireland and the Governmentof the Federation of Malaya of 12th October, 1957 (referred to iu this Annex as " the defence agreement ") shall have effect in relation to land or buildings held by the Service authorities in Singapore as if——
(a) the references to a local Government authority were references ho the State of Singapore; and
(b) the reference to facilities and services normally covered by the general rating assessment were a reference to the facilities and services normally covered by the general rating assessment of a municipality.
2. Annex_4 of the defence agreement shall have effect in its application to lands in Singapore with the following modifications-—
(a) for paragraphs (2). (3) and (4) the following paragraph shall be substituted :
" (2) The land to which this Annex applies occupied by the Service authorities at the date of the signature of the Malaysia agreement is described in the Schedule to Annex F of that agreement and falls into the three following categories:—
(a) Land which is leased or was to be leased by the Government of Singapore to the Services Lands Board for a. term of 999 years ;
(b) Land which is leased or was to be leased by the Government of Singapore or by public authorities tn the Services Lands Board or other authorities of the United Kingdom for terms shorter than 999 years;
(c) Land made available by the Government of Singapore to the Armed Services of the United Kingdom "
(b) For paragraphs (6), (7) and (8) the following paragraphs shall be substituted:-—
" (6) In view of the foregoing and in order to permit the Service authorities to hold a registrable interest in the land they occupy the Goverment of Malaysia undertakes to enact legislation which will pexmit the Service authorities through their representative to hold registrable interest in land and property in accordance with the provisions of this Annex for the purposes of this agreement and of the Proviso to Article VI of the Malaysia Agreement and, which with that object will provide also for the incorporation in the Federation of the representative of the Service authorities. Page:Agreement relating to Malaysia (1963).djvu/188 Page:Agreement relating to Malaysia (1963).djvu/189 Page:Agreement relating to Malaysia (1963).djvu/190 Page:Agreement relating to Malaysia (1963).djvu/191 Page:Agreement relating to Malaysia (1963).djvu/192 Page:Agreement relating to Malaysia (1963).djvu/193 Page:Agreement relating to Malaysia (1963).djvu/194 Page:Agreement relating to Malaysia (1963).djvu/195 Page:Agreement relating to Malaysia (1963).djvu/196 Page:Agreement relating to Malaysia (1963).djvu/197 Page:Agreement relating to Malaysia (1963).djvu/198 Page:Agreement relating to Malaysia (1963).djvu/199 Page:Agreement relating to Malaysia (1963).djvu/200

ANNEX G


[NOTE : The form of the Order set out in this Annex is that appropriate for North Borneo. In order to make the form of the Order appropriate for Sarawak—
(i) "Sarawak" should be substituted for "North Borneo" or "Sabah" throughout (except in the definition of "judge" in paragraph 1 (1) of the Schedule),
(ii) " 56 " should be substituted for " 57 " in paragraphs l(3)(c), 5 and 6 of the Schedule,
(iii) "Governor" should be substituted for "Yang di-Pertua Negara" in the definition of "appropriate authority in paragraph 1 (1) and " North Borneo " should be substituted for " Sarawak " in the definition of " entitled officer " in paragraph 1(1) and in paragraph 18 of the Schedule,
(iv) the following proviso should be inserted after paragraph 17— " Provided that section 10 of the Pensions Ordinance of Sarawak or any law amending or replacing that section shall not apply in relation to any pension granted under the provisions of this Schedule.".]


North Borneo (Compensation and Retiring Benefits) Order in Council, 1963


1. This Order may be cited as the North Borneo (Compensation and Citation. Retiring Benefits) Order in Council 1963.

Interpretation.

2. The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purposes of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

Application
of Schedule.

3. The provisions contained in the Schedule to this Order shall have effect in relation to the public service of North Borneo.

Transitional
provisions.

4. (1) Where any officer or authority has before the commencement of this Order in pursuance of any provision of the compensation scheme given any permission or consent or prescribed any condition or made any declaration or done any other thing for the purposes of that scheme, that permission, consent, condition, declaration, or other thing shall be deemed to have been given, prescribed, made or done, as the case may be, under the corresponding provision of the Schedule to this Order, and the provisions of that Schedule shall have effect accordingly.
(2) Where any officer has before the commencement of this Order in pursuance of any provision in the compensation scheme given any Page:Agreement relating to Malaysia (1963).djvu/202 Page:Agreement relating to Malaysia (1963).djvu/203 Page:Agreement relating to Malaysia (1963).djvu/204 Page:Agreement relating to Malaysia (1963).djvu/205 Page:Agreement relating to Malaysia (1963).djvu/206 Page:Agreement relating to Malaysia (1963).djvu/207 Page:Agreement relating to Malaysia (1963).djvu/208 Page:Agreement relating to Malaysia (1963).djvu/209 Page:Agreement relating to Malaysia (1963).djvu/210 Page:Agreement relating to Malaysia (1963).djvu/211 Page:Agreement relating to Malaysia (1963).djvu/212 Page:Agreement relating to Malaysia (1963).djvu/213 Page:Agreement relating to Malaysia (1963).djvu/214 Page:Agreement relating to Malaysia (1963).djvu/215 Page:Agreement relating to Malaysia (1963).djvu/216 Page:Agreement relating to Malaysia (1963).djvu/217 Page:Agreement relating to Malaysia (1963).djvu/218 Page:Agreement relating to Malaysia (1963).djvu/219 Page:Agreement relating to Malaysia (1963).djvu/220 Page:Agreement relating to Malaysia (1963).djvu/221 Page:Agreement relating to Malaysia (1963).djvu/222 Page:Agreement relating to Malaysia (1963).djvu/223 Page:Agreement relating to Malaysia (1963).djvu/224 Page:Agreement relating to Malaysia (1963).djvu/225 Page:Agreement relating to Malaysia (1963).djvu/226 Page:Agreement relating to Malaysia (1963).djvu/227 Page:Agreement relating to Malaysia (1963).djvu/228 Page:Agreement relating to Malaysia (1963).djvu/229 Page:Agreement relating to Malaysia (1963).djvu/230 Page:Agreement relating to Malaysia (1963).djvu/231 in Singapore, it is so recommended in the financial review in respect of the period of two years commencing 1st January, 1969 under paragraph 8 above, the loan shall be free of interest for a further period of 5 years ; and
(b) a 15-year loan of $50 million bearing interest at current market rates in the Federation.

The above loans shall be drawn in equal annual instalments over a period of 5 years, commencing in 1964.

Disputes as to interpretation or application of this Agreement.

10. Any dispute between the Federal Government and the Singapore Government as to the interpretation or application of this Agreement may be referred by either Government to the Federal Court for determination by that Court in exercise of the jurisdiction conferred upon it by Article 128 of the Federal Constitution.
ANNEX TO ANNEX J

PART I

CUSTOMS AND EXCISE
Subject to the provisions of Paragraphs 1-4 of this agreement the following powers under the Singapore Customs Ordinance are reserved to the Federal Government—
(1) The power to fix the rate of tax, duty or excise on any class of goods ;
(2) The power to fix by order the value of goods for duty or excise purposes ;
(3) The power to grant exemptions or refunds in respect of duties or excise other than in particular cases where the duty or excise is less than $2,000 in any one instance ;
(4) The power to make regulations both in relation to Customs and Excise.
2. The Federal Government will also have the following powers : —
(1) The power to appoint Federal officers to inspect the Customs and Excise Department, Singapore. Reports would be submitted to the Federal Government direct with a copy to the Singapore Government and the inspecting officers would have the right of access to all documents and records of the Department.
(2) The right of the Federal Minister responsible for Customs to issue directions to the State Government which he considers necessary to ensure the effective collection or protection of Federal customs duties and/or excise.
PART II
INCOME TAX

Powers to be exercised by the Federal Government in relation to collection (the references are to the Singapore Income Tax Ordinance)
Section 3A
The power of the Minister to give the Comptroller-General directions of a general character. Page:Agreement relating to Malaysia (1963).djvu/233
ANNEX K

ARRANGEMENTS WITH RESPECT

TO BROADCASTING AND TELEVISION

IN SINGAPORE


The legislative power in respect of broadcasting and television shall be Federal. However, the Singapore Government shall be responsible for administration and day to day programmes within Singapore. The Federation shall delegate to Singapore such powers, legislative or executive, as are needed to enable the Singapore Government to carry out its responsibilities for administration and day to day programmes and shall make available to Singapore radio frequencies and channels for the transmission of radio and television programmes.

The Federal Government shall have the right to issue to the Singapore Government any directions necessary to ensure the implementation of the overall policy of the Federal Government. Any overall policy of the Federal Government shall be applied throughout the Federation unless in the opinion of the Federal Government it would be contrary to the national interest

In accordance with items 3 and 6 of Part III of the Tenth Schedule to the Federal Constitution all licence and advertising fees from broadcasting and television in Singapore shall be State revenue.



AGREEMENT[2] AMENDING THE AGREEMENT OF 9 JULY 1963[3] BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE FEDERATION OF MALAYA, NORTH BORNEO, SARAWAK AND SINGAPORE RELATING TO MALAYSIA


It is hereby agreed that in Article II of the Agreement relating to Malaysia concluded in London on the ninth day of July nineteen hundred and sixty three,[3] the date " 16th September " shall be substituted for the date " 31st August " and that the Malaysia Act of the Parliament of the Federation of Malaya shall, with any consequential amendments, come into force on 16th September, 1963.


For the United Kingdom:
DUNCAN SANDYS

For the Federation of Malaya:
[ABDUL RAZAK][4]

For North Borneo :
D. A. STEPHENS

For Sarawak:
[S. K. NINGKAN]

For Singapore:
[GOH KENG SWEE]
11th Sept. 1963

Singapore, 28th August, 1963.





  1. Not reproduced.
  2. Came into force on 11 September 1963, with effect from 16 September 1963, the date of entry into force of the Agreement of 9 July 1963, in accordance with its provisions.
  3. 3.0 3.1 See p. 4 of this volume.
  4. Note by the Secretariat: The names in brackets are illegible on the certified true copy submitted for registration. The spelling of these names has been supplied by the Government of the United Kingdom.