Page:Agreement relating to Malaysia (1963).djvu/106



like office as a member of the Commission established by this Constitution as if he had been appointed thereto under Article 36 for a period of two years from the commencement of this Constitution.


 * (2) Any regulation made by the Governor under the North Borneo (Public Service Commission) Order in Council, 1963, and in force immediately before the commencement of this Constitution shall—


 * (a) to the extent that they make provision in relation to the Commission established by the North Borneo (Public Service Commission) Order in Council, 1963, or the public service of the colony of North Borneo for matters for which, in relation to the Commission established by the Constitution or the public service of the State, provision may be made under clause (6) of Article 37, Article 38 or Article 40, have effect as from the commencement of this Constitution as if they were regulations or rules made under that clause or Article 38 or Article 40, as the case may be and


 * (b) subject to paragraph (a), shall be treated as an existing law for the purposes of Article 48.


 * 55. (1) Subject to the provisions of the Federal Constitution and this Constitution, any person who immediately before the commencement of this Constitution is in the service of the Crown in respect of the government of the colony of North Borneo shall—


 * (a) on the commencement of this Constitution cease to be in such service and become a person in the service of the State of Sabah ;


 * (b) so long as he continues in such service, be entitled to terms and conditions of service not less favourable than those applicable to him immediately before the commencement of this Constitution ;


 * (c) be deemed to have been appointed on the commencement of this ConstititutionConstitution [sic] to hold or to act in any office in the service of the State corresponding to that which he holds or is acting in immediately before the commencement of this Constitution and to have taken any oath in connection therewith required by law.


 * (2) For the purposes of clause (1)—


 * (a) any terms or conditions of service for which, on or after Malaysia Day, a person opts shall be deemed to be not less favourable than those applicable to him immediately before the commencement of this Constitution ;


 * (b) the offices of State Secretary, State Attorney-General and State Financial Secretary shall be regarded as corresponding respectively to the offices of Chief Secretary, Attorney-General and Financial Secretary of the colony of North Borneo ; and


 * (c) the Yang di-Pertua Negara may by order declare that any other office specified in such order shall be regarded as corresponding to another office so specified.