Malaysia, Report of the Inter-Governmental Committee, 1962

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MALAYSIA

Report of the Inter-Governmental Committee, 1962



CHAPTER I

INTRODUCTION


A Commission under the chairmanship of Lord Cobbold visited North Borneo and Sarawak between February and April, 1962 and its Report was published as CMND 1794 on the 1st August 1962, The Commission was unanimously agreed that a Federation of Malaysia is in the interests of North Borneo and Sarawak and that an early decision in principle should be reached

2. The Report was considered in detail a series of meetings in London in July 1962 by British and Malayan Ministers. In the light of the Report of the agreement reached between the Government of Malaya and the Government of Singapore, the British and Malayan Government decided principle that, subject to the necessary legislation, the proposal Federation of Malaysia should be brought into being by the 31st August 1963. A copy of the Joint Public Statement is at Annex C.

3. The two Governments decided to establish an Inter-Governmental Committee, on which the British Malayan, North Borneo and Sarawak Governments would be represented. Its task was to work out the future constitutional arangements, including safeguards for the special interests of North Borneo and Sarawak to cover such matters as religious freedom, education, representation in the Federal Parliarment the position of the indigenous races, control of immigration, citizenship and the State Constitutions.

4. The Minister of State for Colonial Affairs, Lord Lansdowne, the Chairman of the Committe, and the Deputy Prime Minister of the Federation of Malaya, Tun Abdul Razak, the Deputy Chairman of the Committee, visited North Borneo and Sarawak in August 1962 and a Preparatory Meeting of the Inter-Governmental Committee was held in Jesselton on the 30th August, 1962.

5. At this Prepatory Meeting it was decided to set up five Sub-Committe ――

The Constitutional Sub-Committee
The Fiscal Sub-Committee
The Legal and Judicial Sub-Committee
The Public Service Sub-Committee
The Departmental Organisation Sub-Committee

6. On the 12th September, 1962, the following motion was unanimously adopted by the Legislative Council of North Borneo ――

"Be it resolved that this Council do welcome the decision in principle of the British and Malayan Governments to establish Malaysia by the 31st August, 1963, provided that the term of participation and the constitutional arrangements will safeguard the special interest of North Borneo and do accordingly authorise the following Members of this Council to represent North Borneo on the proposed Inter-Governmental Committee to prepare detailed constitutional arrangements which will be laid before this Council —

The Honourable the Chief Scretary
The Honourable The Attoney-General
The Honourable the Financial Scretary
The Honourable OKK Datu Mustapha bin Datu Harun, O.B.C
The Honourable Khoo Siak Chiew
The Honourable D.A. Stephens"

7. On the 26th September, 1962, the following motion was adopted without dissent by the Council Negri of Sarawak :——

"That this Council——

(a) Welcomes the decision in principle of the British and Malayan Governments to etablish Malaysia by the 31st August, 1963, on the understanding that the special interest of Sarawak will be safeguard.

(b) note that an Inter-Governmental Committee has been established to work out the detailed constitutional arrangements and the form of these safeguards, which will be laid before this Council"

(c) authorises the Chief Secretary, the Attoney-General, the Financial Secretary, the Datu Bandar Abang Haji Mustapa, Temenggong Jugah anak Barieng, Pengarah Montegrai anak Tugang, Mr. Lim Beng Siew, and Mr. Chia Chin Shin to represent Sarawak on this Committe, and
(d) authorises the Governor in Council to nominate as additional members of the Committe or as members of Sub-committe thereof such unofficial members of this Council and such public officers as may be desirable"

8. The first Sub-committe meeting was held in Jesselton on the 8th October, and the series of meeting concluded with Plenary meeting in Kuala Lumpur on the 18th, 19th and 20th Desember. A list of the meeting held and the delegates who took part is at Annex D.

9. The recommendation of the Inter-Governmental Committe, in so far as they are not full covered in the body of this Report are set out in Annex A, and with respect to the Public Service in Annex B.




CHAPTER II

ESTABLISHMENT OF THE FEDERATION OF MALAYSIA


10. The Federation will consist of the States of existing Federation of Malaya, Sabah (at present known as North Borneo), Sarawak, and Singapore and also agreement is reached on the admission of Brunei, that State, The name of the Federation shall be Malaysia.

11. The Committe noted the mention stated in paragraph 4 of the joint public statement (Annex C) to conclude a formal agreement embodying detailed constitutional arrangements including safeguards for the special interests of North Borneo and Sarawak. In order to carry out this intention the annexures to the formal agreement should include ―

(a) a Bill to be introduced into the Malayan Parliament to amend the Constitution of the present Federation of Malaya to meet the requirements of the new States and to change the name of the Federation

(b) the Draft State Constitutions to be submitted to Her Majesty in Council.


12. The Committee examined the Constitution of the Federation of Malaya and this Report seta out the amendements, including trasitional provisions which the Committee considers will be neceeary to meet the requirements of North Borneo and Sarawak (hereinafter referred to as the Borneo States) and, subject to these and the amendements necessary in relation to any other new State, accepts that the Constitution of the Federation of Malaysia will be based upon the Constitution of the Federation of Malaya as it applies in relation to the States which are at present States of the Federation of Malaya. This Report will be laid more the Legislative Council of North Borneo and the Council Negeri of Sarawak if it is approved by those Councils, the draft of the formal agreement will be drawn up and initialled by representative of the United Kingdom, the Federation of Malaya, North Borneo and Sarawak.

13. The Committee recognised that the nature of the constitutional arrangements to gevern the relationship of the State of Singapore to the Federation of Malaya was not matter within its term of reference. But certain of the Committee's recommendations, for example regarding the composition of the Federal Supreme Court, and the establishment of territorial High Courts are in some respects necessarily of general application and in other respect such that a considerable degree of uniformity is clearly durable. Consequently in few watexts the recommendations are formulated in gerenal term applicable to the whole of Malaysia and the Committee has expressed the hope that these recommendations will be acceptable in relation to Singapore and, should Brunei join the Federation, that State.

14. In certain respects the Committee agreed that the requirements of the Borneo States could appropriately be met by undertaking or assurances to be given the Government of the Federation of Malaya rather than by Constitutional provisions, and these are mentioned in the appropriate sections of this Report. The committee agreed that the more important undertakings should be included in the formal agreement and envisaged that other undertakings and assurances might be dealt with in exchanges of letters between the Government concerned.






CHAPTER III

PROPOSED CONSTITUTIONAL ARRANGEMENTS


Religion


15.――(1) No amendment is required to Article 3 (1), which provides "Islam is the religion of the Federation, but other religions may be practised in peace and harmony in any part of the Federation". As in the case of Penang and Malacca (Article 3 (2)) the Heads of State in the Borneo States should no be Head of Muslim religion in the State; but Article 3 (3) should be left unamended so as not to confer on the Yang di-Pertuan Agong the position of Head of the Muslim religion in the Borneo States.

(2) The guarantee for religious freedom contained in Article 11 should be retained as regards Article 11 (4) which provides "State law may control or restrict the propagation of any religious doctrine or belief among persons professing the Muslim religion", it was agreed that the Constitutions of the Borneo States could properly provide that a law the effect described in Article 11 (4) would need to be passed by a two-thirds majority vote of the total membership of the State Legislative Assembly.

(3) Sections 36 and 37 of the Malayan Education Act, 1961, should not be applied to North Borneo and Sarawak; Federal Law should no provide fot special financial aid fot the establishment of Muslim institutions or the instruction without the concurrence of the State Goverment concerned for special financial and for Muslim institutions or Muslim religious education in pursuance of Article 12 (2) the Malaysian Government would grant to the North Borneo and Sarawak Governments proportionate amounts[1] for social welfare purpose in those States. Any grants paid out by the Malaysian Goverment from the proceeds of lotteries conducted by the Social and Welfare Services Lotteries Board would not be regarded as payment made from Federal revenue in this respect.

(4) Article 38 (2) (b) and (6) (d), which deals with the fuctions of the Conference of Rulers relating to the extention of religious acts, observances and ceremonies to the Federation as a whole should not apply to the Borneo States.



Immigration




Education




Citizenship











Consent of Conference of Rulers


37. It was noted that the agreement of the Government of the Federation to the recommendations contained in this report is subject to the consent of Conference of Rulers to the proposed amendemants to Articles 38, 70 and 153 being obtained before the coclusion of the formal agreement referred to in paragraph II.

Signed this twenty-seventh day of February, 1963.

LANSDOWNE
J.M. MARTIN
H.P. HALL
D.J. GORDON SMITH
T.J. O'BRIEN (Joint Secretary)


R.N. TUNNER
(joint Leader)
D.A. STEPHENS

W.K.J. JONES
H.W. DAVIDSON
DATO MUSTAPHA BIN DATO HARUN
KHOO SIAK CHIEW
K.S. HOLLEY (Joint Secretary)

ABDUL RAZAK
ABDUL AZIZ
C.M. SHERIDAN
N. DAUD
R.J.C. WARR
ABDUL AZIZ (Joint Secretary)

F.D. JAKEWAY
P.E.H. PIKE
B.A. Sr. J. HEPBURN
ABANG HAJI MUSTAPA
JUGAH ANAK BARIENG
BERNARD ANAK MONTEGRAI
LING BENG SIEW
CHUA CHIN SHIN
G.A.T. SHAW (Joint Secretary)






ANNEX A




LEGISLATIVE LISTS, ADMINISTRATIVE, ARRANGEMENTS, AND ASSURANCES


General


It is accepted that in the early after the establishment of Malaysia as few changes as possible should be made in the administrative arrangements in the Borneo States affecting the day to day lives of the people. During this period certain Federal powers should be delegated to the State Governments.

Some administrative details have been included. Others remain to be worked out.


LEGISLATIVE LISTS as in the Ninth Schedule to the Federation of Malaya Constitution


LIST I
External Affairs, etc.[2]

FEDERAL LIST
Federal


This is subject to undertaking immigration set out in paragraph to of the report

 








ANNEX B




THE PUBLIC SERVICE




Page:Report of the commission of enquirynorth borneo & sarawak & igc 1962.pdf/105












32. It is recommended that the Federal and State Government should as soon as possible set up a Joint Commission to enquire into and make recommendations on bringing term and conditions of service throughout the Federal Public Service in Malaysia into line; to recommend whether officers in Division III to V serving in the Federalised Departments may opt to join the Federal Public Service of Malaysia, and to recommend whether to Federal conditions should apply to officers who join the Federal Public Service but continue to serve in the Borneo States.



NORTH BORNEO AND SARAWAK

SCHEME OF RETIREMENT BENEFITS FOR MEMBER OF HER MAJESTY'S
OVERSEAS CIVIL SERVICE AND FOR OFFICERS DESIGNATED UNDER THE
OVERSEAS SERVICE (NORTH BORNEO/SARAWAK) AGREEMENT 1961.



Date of Introduction of the Scheme Page:Report of the commission of enquirynorth borneo & sarawak & igc 1962.pdf/108 Page:Report of the commission of enquirynorth borneo & sarawak & igc 1962.pdf/109

Appendix I














Appendix II














Appendix III













Appendix IV
















PUBLIC OFFICERS AGREEMENT BETWEEN HER MAJESTY'S GOVERMENT
IN THE UNITED KINGDOM AND THE GOVERNMENT OF
SARAWAK





Her Majesty's Goverment in the United Kingdom and the Government of Sarawak have agreed as follows —













Signed on the behalf of Her Majesty's Government in the United Kingdom



Signed on the behalf the Government of Sarawak






ANNEX C




JOINT PUBLIC STATEMENT

Issued by British and Malayan Goverments on the 1st August, 1962




1. The British and Malayan Governments have received and studied the report of the Commission under the Chairman of Lord Cobbold which visited North Borneo and Sarawak earlier this year to ascertain the view of the inhabitant on the proposal to create a Federation of Malaysia embracing Malaya, Singapore, North Borneo, Sarawak, and Brunei. The Report is being published today.













ANNEX D






Lists of Meetings and Members of Plenary Sessions and of Sub-committees of the Inter-Government Committee (1962)





A. MEETING


1. Plenary





2. Constutional committee



B. MEMBERS


British members

Lord Lansdowne
Sir John Martin, Kt, OM, FRS, (Chairman of Sub-committee)
Mr. H. P. Hall
* M. G. Smith
Mr. E. M. West
Mr. D. G. Gordon-Smith






Malayan members





Sarawak members




North Borneo members




Chief Justice of Sarawak, North Borneo, and Brunei




Brunei Observers







(^*  Those marked * were not members of Plenary Meetings)










  1. These amounts should bear that same proportion to the amount of special financial aid paid from Federal revenue as the amount of Federal revenue derived from a Borneo State during the financial year in question and retained in the Malaysian Government bear to the total Federal revenue for that year
  2. "Etc" at the end of an item indicates that the remainder of the item is intended to follow the exciting item in Ninth Schedule.


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