Report of the Commission of Enquiry, North Borneo and Sarawak, 1962/APPENDIX F

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APPENDIX F



The following Memorandum, dated 3rd February, 1962, was submitted by the chairman of the Malaysia Solidarity Consultative Committee on 23rd February, 1962, for the consideration of the Commission of Enquiry.

MALAYSIA SOLIDARITY CONSULTATIVE COMMITTEE MEMORANDUM ON MALAYSIA


Introduction

The statement made on the 27th May, 1961, by the Prime Minister of the Federation of Malaya, Y.T.M. Tunku Abdul Rahman Putra al-Haj, on the concept of Malaysia at a Press Luncheon in Singapore sparked off a lively interest in Malaya, Singapore, and the Borneo territories in the idea of Malaysia resulting in all manner of speculation on what plan and form Malaysia might take. While views welcoming the proposal were expressed in the territories concerned, the idea of Malaysia became the target of serious criticisms from certain quarters. In view of the indeterminate way in which the subject of necessity had been launched, there was uncertainty in the minds of many of the people, particularly in the Borneo territories. However, one point was clear; few could claim to be apathetic to this vital subject.














Islam as the Religion of the Federation and Religious Freedom

13. The Committee directed a great deal of its attention to the question of Islam as the religion of the Federation. It is satisfied that the acceptance of Islam as the religion of the Federation would not endanger religious Freedom within Malaysia nor will it make Malaysia a State less secular. The present Constitution of the Federation of Malaysia, which would serve as the basis of the new Federation, has adequately guaranteed that other religions can be practised in peace and harmony in any part of the Federation. Every person will have the right to profess and practise his religion. No person will be compelled to pay any special tax for purposes of a religion other than his own. Every religious group will be assured of its right to manage its own religious affairs to establish and maintain institutions for religious or charitable purposes and to acquire and own property and hold and administer it in accordance with the law. There would be freedom to establish and maintain institution for religious education. No person in the Federation of Malaysia will be required except in accordance with the laws of his own religion, to receive instruction, or take part in any ceremony or act of worship of any religion. All these rights which are in fact universally enjoyed at present in the Federation of Malaya will be enshrined in the Constitution of the Federation of Malaysia.


Islam in Relation to a State within the federation

14. The Committee examined the position of Islam in relation to a State other than a Malay State and finds no objection to the present arrangement for Penang and Malacca being adopted in the future States of Sarawak and North Borneo, and Singapore. Each of these States will have in its Contitution provision for confering on the Yang di-Pertuan Agong the position of Head of the Muslim religion in the State whose legislature would make laws for regulating Muslim religious affairs for constituting a coucil to advise the Yang di-Pertuan Agong in matters relating to the Muslim religion. The Committee obseves that in pratice these three territories are already to some extent concerning themselves with affairs of Muslim religion and the adoption of this principle on a formal basis would present no difficulty.


Fundamental liberties



Elections of Representatives to the Federation Parliament and State Legislature




The Chief Executives





Direct Elections for Future Consideration



Adequate Representatuon in Parliament




National language





Porsition of English




English as Medium Intruction




Complete Intergration Desirable





Migration






Safeguards Desirable





Control to be Divised
State, Federal and Concurrent Lists Applicable

38. Having accepted the principle that all the Borneo territories would join the Federation of Malaysia as States equal in status with other existing States of the Federation, the Committee is cognisant of the arrangement that State list, Federal list and Concurrent list of the present Federation of Malaya Constitution defining the present powers and responbilities of the State and the Federal Governments will subject to local autonomies and paragraph 41, be applicable in the new Federation of Malaysia. There may of course be some administrative problems in the case of intergration of services and such like matters but the Committee is confident that all those could be resolved by joint working party of officials. In this regard the Committee is of the view that nothing should be done so as to disrupt the machinery of Governments and reduce the effiency of the services concerned.




Assurance on Civil Service





Amendment Safeguard






Existing Laws to Continue until Replaced





Economics Aspects of Malaysia





Service in Armed Force





Allocation of Development Funds and Scholarships




We, the members of the delegates to the Malaysia Solidarity Consultative Committee from Brunei, Sabah, Sarawak, Singapore and the Federation of Malaya, having completed our deliberations in Singapore this day do hereby attest this Memorandum:

Done at Singapore this third day of February, 1962.


Chairman: D. A. STEPHENS.


BRUNEI DELEGATION (Observers):
Leader: Dato Setia Pengiran Ali bin Pengiran Haji Mohd. Daud
Members:
Dato Setia Pengiran Haji Mohd. Yusuf
Haji Jamil bin P.U.K. Awang Haji Umar
Dato Temanggong Lim Cheng Choo
Dato Abdul Aziz bin Haji Mohd. Zain


SABAH DELEGATION
Leader: O.K.K. Datu Mustapa bin Datu Harun
Members:
Pang Tet Tshung
O.K.K. G. S. Sundang
Lai En Kong

SARAWAK DELEGATION:
Leader: Yeo Cheng Hoe
Members:
Ong Kee Hui
Temenggong Jugah Anak Barieng
Pengarah Montegrai Anak Tugang
Dato Abang Haji Openg
Ling Beng Siew
James Wong
Remigius Durin Anak Nganau

FEDERATION OF MALAYA DELEGATION:
Leader: Mohammed Khir Johari
Members:
Mohamed Ismail bin Mohd. Yusof
V. Manickvasagam
Dr. Burhanuddin bin Mohd. Noor
Lee Siok Yew
Syed Esa bin Alwee
Abdul Ghani bin Ishak

SINGAPORE DELEGATION:
Leader: Lee Kuan Yew
Members:
Akmad bin Ibrahim
S. Rajaratnam
Dato Abdul Hamid bin Haji Jumat







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