Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/supplementary agreement

by the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

No. 10761

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

and

FEDERATION OF MALAYA and SINGAPORE

Supplementary Agreement relating to Malaysia. Signed at Kuala Lumpur on 11 September 1963

Authentic text: English.

Registered by the United Kingdom of Great Britain and Northern Ireland on 21 September 1970.

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SUPPLEMENTARY AGREEMENT^[1] RELATING TO MALAYSIA

⁠⁠The Federation of Malaya, the United Kingdom of Great Britain and Northern Ireland and Singapore;

⁠⁠Desiring to conclude a supplementary agreement relating to Malaysia;

⁠⁠Agree as follows:

Article I

⁠⁠The Government of the Federation will take such steps as may be appropriate and available to them to amend the Tariff Advisory Board Bill which has been introduced into the Parliament of the Federation by deleting clause 7 thereof and substituting therefor the following:

⁠⁠"Function of Board as to Revenue Duties at End of 1968.

⁠⁠⁠" 7. It shall be the duty of the Board before the end of the year 1968 to review the revenue duties in force at that time in Singapore and in the remainder of Malaysia and to make recommendations regarding the amendment of such duties or the imposition of additional duties."

Article II

⁠⁠The Government of the Federation will take such steps as may be appropriate and available to them to amend Article 9 of the Federal Constitution by inserting immediately after the word “Malaya" appearing at the end of subsection (3) thereof the words “and any such restriction shall apply reciprocally to the States of Malaya and the State of Singapore."

Article III

⁠⁠(l) The power to make and confirm orders under the Criminal Law (Temporary Provisions) Ordinance, 1955, will as from Malaysia Day be delegated to the present Government of Singapore and the Government of the Federation undertakes that this delegation will not be revoked without the agreement of that Government unless the Government of the Federation considers that exceptional circumstances make it essential to do so in the interest of internal security and for so long as in its opinion such exceptional circumstances continue.

⁠⁠(2) So long as such delegation continues:

(a) if the Advisory Board recommends the cancellation of such an order and if the Government of the Federation or the Government of Singapore so decide, the said order shall be cancelled;

(b) if the Advisory Board recommends confirmation of such an order such order may only be cancelled if both Governments concur.

⁠⁠(3) The Chairman and Members of the Advisory Board shall so long as such delegation continues be appointed by the Government of the Federation with the concurrence of the Government of Singapore,

⁠⁠(4) The Government of the Federation will rake such steps as may be appropriate and available to them to secure the enactment by Parliament of an act to extend the operation of the Criminal Law (Temporary Provisions) Ordinance so long as such delegation continues.

Article IV

⁠This Agreement is supplementary to the Agreement Relating to Malaysia done at London on the 9th July, 1963.^[2]

⁠Done at Kuala Lumpur this 11th day of September, 1963.

For the United Kingdom:
⁠⁠DUNCAN SANDYS

For the Federation of Malaya:
⁠⁠ABDUL RAZAK
⁠⁠ISMAIL RAHMAN

For Singapore:
⁠⁠GOH KENG SWEE

Notes

1. Came into force on 16 September 1963, the date of entry into force of the Agreement of 9 July 1963 relating to Malaysia.
2. See p.4 of this volume.