140 Federation of Malaysia formation ~National Archive , U.K - DO 1691273, no 16A 31 July 1962

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140 Federation of Malaysia formation ~National Archive , U.K - DO 1691273, no 16A 31 July 1962 'Agreement on the setting up of the Federation of Malaysia': agreement in principle signed at Admiralty House by Mr Macmillan and Tunku Abdul Rahman. Annex and Appendices: A 'Framework of initial state constitutions of Sarawak and North Borneo'; B 'Citizenship'; C 'Singapore citizenship'; D 'Joint public statement'.
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   1 140 Federation of Malaysia formation ~National Archive , U.K - DO 1691273, no 16A 31 July 1962 25 October 2013 at 19:35  'Agreement on the setting up of the Federation of Malaysia': agreement in principle signed at Admiralty House by Mr Macmillan and Tunku Abdul Rahman. Annex and Appendices: A 'Framework of initial state constitutions of Sarawak and North Borneo'; B 'Citizenship'; C 'Singapore citizenship'; D 'Joint public statement'.  [This document, commented H G Turner of the CRa (formerly of the MCS), 'seems likely to become a basic historical document in the formation of the Federation of Malaysia' (Turner to Sir Charles Dixon, 8 Aug 1962, DO 1691273). For this reason it was printed and circulated, but on a highly restricted basis. Indeed, unlike the Cobbold Report which was published on 1 Aug in its entirety, most of the provisions of the agreement, annex and appendices remained secret. Three of the fIVe clauses of the agreement itself were reproduced from the Chequers' formula with only minor variations (see 136). The only part to be published on 1 Aug and announced in both Houses at Westminster as well as in the Federal Parliament was the joint statement (appendix D). The reasons for secrecy were twofold. The first sensitive issue was encapsulated in the provisions set out in paragraph 3, and confirmed by an exchange of letters between the two governments , for the inauguration of Malaysia before 31 Aug 1963 'if for any reason it appeared desirable'. The justification for such action had been spelled out in the Chequers' formula, namely 'if the present Government of Singapore fell or appeared to be about to fall'. The agreement was kept secret, secondly, so as not to antagonise the peoples of Borneo; in the view of the CRO, 'the agreement records an acceptance (not achieved by the Malayan members without hard bargaining) of the view of the Malayan members of the [Cobbold] Commission'.] 1. The British and Malayan Governments have decided in principle that the proposed Federation of Malaysia shall be brought into being by 31st August, 1963. 2. The two Governments declare their intention to conclude, within the next six months, a formal agreement, which among other things will provide for:- (a) the transfer of sovereignty over Singapore, North Borneo and Sarawak by 31st August, 1963;  (b) detailed constitutional arrangements including safeguards for the special interests of North Borneo and Sarawak, to be drawn up after consultation with the legislatures of the two territories; (c) defence arrangements, as set out in the joint statement by the Governments of the United Kingdom and of the Federation of Malaya dated 22nd November, 1961 (Cmnd. 1563). 3. In addition, the two Governments will, by an unpublished exchange of letters, agree:-   2 (a) that, if for any reason it appeared desirable, the new Federation of Malaysia could, by agreement between the two Governments, be brought into being on a date earlier than 31st August, 1963; (b) that, in that event, the British Governors of North Borneo and Sarawak, while ceasing to be responsible to the British Government, would be confirmed in their positions by His Majesty The Yang di-Pertuan Agong and would continue, as an interim measure, to exercise all their present powers by the authority of His Majesty until the appointment of new Governors by His Majesty on 31st August, 1963. 4. The two Governments have agreed upon the matters contained in the attached  Annex. Except where otherwise expressly stated this relates to North Borneo and Sarawak only. 5. Facilities will be offered to His Highness the Sultan of Brunei to arrange for Brunei to enter the new Federation should His Highness so desire. For the British Government HAROLD MACMILLAN For the Malayan Government TUNKU ABDUL RAHMAN PUTRA. LoNDON,31STJUL~1962  Annex For the British Government HAROLD MACMILLAN For the Malayan Government TUNKU ABDUL RAHMAN PUTRA. LoNDON,31STJUL~1962  Annex 1. Title of Federation. 'Malaysia' will be the official title of the Federation. 2. Sovereignty. On the creation of Malaysia, sovereignty over Singapore, North Borneo and Sarawak will be transferred simultaneously by Britain to the new Federation of Malaysia. 3. Transitional period. In the early years after the merger as few changes as possible will be made in the administrative arrangements of North Borneo and Sarawak affecting the day-to-day lives of the people. During this period certain Federal powers will be delegated to the State Governments. This will be a matter for discussion by an Intergovernmental Committee. 4. Constitution (a) The Constitution of the new Federation of Malaysia will be based on the present Constitution of Malaya.   3 (b) There will be safeguards for the special interests of North Borneo and Sarawak which will not be capable of amendment without the concurrence of the Government of the territory concerned.  (c) The Constitutions of Sarawak and North Borneo will in the first instance be on the lines indicated in Appendix  A. 5. Amendment of Constitution (a) The Constitutions of the two territories will be required to be brought into conformity with the provisions of the Eighth Schedule of the existing Constitution of Malaya within a maximum period of years to be recommended by an Intergovernmental Committee. The Legislatures of each territory will be empowered to effect this change at an earlier date, if they think fit. (b) Subject to the above, the States will have the exclusive right to amend their own Constitutions.  6. Head of State. The Heads of State in North Borneo and Sarawak will be appointed by His Majesty The Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister. However, in the case of the first appointments the Malayan Government will consult the British Government before tendering advice to His Majesty. 7. Secession. The States of the new Federation of Malaysia will not have any right of secession. 8. Representation in the Federal Parliament (a) Representation in the Federal Parliament for the territories will be in accordance with the principles laid down in the Thirteenth Schedule of the Malayan Constitution with additional weightage to take account of the particular circumstances of the territories. (b) Representatives of North Borneo and Sarawak in the Federal House of Representatives will, until the system of direct elections is introduced, be elected by their respective legislatures. (c) The independent Federal Election Commission, which is responsible for delimiting constituencies throughout the Federation and which is now composed of a Chairman and two Malayan members, will be enlarged by the addition of one member from the Borneo territories. 9. Electoral system. The present electoral college system in Sarawak will be retained and a similar electoral system will be introduced in North Borneo as soon as practicable and without awaiting the establishment of Malaysia. 10. Legislative Lists. The Federal, State and Concurrent Lists in North Borneoand Sarawak will follow the Constitution of the existing Federation of Malaya, except where otherwise agreed between the Malayan and British Governments. An Intergovernmental Committee will consider what exceptions should be made other than those specified.   4 11. Judiciary (a) There will be a Federal Supreme Court having appellate jurisdiction throughout the Federation. (b) There will be a High Court in the Borneo territories from which appeals would lie to the Federal Supreme Court. (c) The Federal Supreme Court will have exclusive srcinal jurisdiction in cases between States or between a State and the central Government. (d) Other matters relating to the Judiciary wiII be studied by an Intergovernmental Committee. 12. Citizenship. The provisions governing citizenship will be drafted by the legal representatives of the two Governments on the lines set out in Appendix B and approved by an Intergovernmental Committee. 13. Religion (a) Complete freedom of religion will be guaranteed in accordance with the Constitution.  (b) An Intergovernmental Committee will consider how best to reassure the peoples of North Borneo and Sarawak on this matter, which is of primary importance to the territories. 14. Language (a) The national language will be Malay. (b) For all purposes in North Borneo and Sarawak the use of indigenous languages will continue as at present. (c) So long as the State Government so desires, English will continue to be an official language in North Borneo and Sarawak. 15. Immigration into North Borneo and Sarawak from other parts of Malaysia.   (a) There will be certain constitutional safeguards with regard to the entry of persons into North Borneo and Sarawak from other parts of Malaysia.   (b) These safeguards will take the following form:-   (i) The existing Federal Constitution will be amended to enable the Federal Parliament to legislate to empower the State Governments to control the movement, otherwise than on the grounds specified in Article 9 (2), of persons from other parts of Malaysia into North Borneo or Sarawak, and to provide that any such legislation may not be repealed or amended without the concurrence of the Government of the State concerned.  (ii) The Government of the Federation would give a solemn undertaking to pass, simultaneously with the admission of the Borneo territories into Malaysia, a law conferring upon each of the States of North Borneo and Sarawak power to control the entry into the Slate of persons from other parts of Malaysia, subject to provisions designed to secure that a person or class of persons
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