Report of The Inter-Governmental Committee, Malaysia/Special position of Indigenous races

by Commission of Enquiry in North Borneo and Sarawak Regarding Malaysian Federation

29. Special position of the indigenous races

It was agreed that:—

(a) in the application of Article 153 of the Federal Constitution in and to the Borneo States its terms should be construed as if "Natives" were substituted for "Malays";

(b) the term "Native" should be defined in the Federal Constitution by adopting:

(i) in Sarawak the definition in the Sarawak Interpretation Ordinance; and

(ii) in North Borneo the definition that will appear in the State Constitution;

(c) in the application of Article 153 to the Borneo States the Yang di-Pertuan Agong should continue to exercise his powers under the Article on the advice of the Federal Cabinet, but such advice shall only be given after consultation with the Chief Minister of the State concerned. This procedure will apply to the Federal Public Service in the Borneo States;

(d) in the application of Article 153 to the Federal Public Service as a whole (as distinct from the Federalised Departments in the Borneo States) the term "Malays" should be construed to include the term "Natives" as defined under (b) above; and

(e) Article 153 (10), which permits the Constitution of "a State of any Ruler" to make provision corresponding to Article 153 should be amended so as to apply to the Borneo States.

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