Page:Agreement relating to Malaysia (1963).djvu/220



Her Majesty's Government in the United Kingdom of the one part and the Government of Malaysia, having obtained the consent of the Government of Sabah/Sarawak to their entering into this Agreement in so far as its terms may affect the responsibilities or interests of the Government of Sabah/Sarawak, of the other part, have agreed as follows:—

1. (1) In this Agreement—
 * (a) " the appointed day " means Malaysia Day;


 * (b) "conditions of service" means the laws, rules, regulations, orders and other instruments that regulate the terms of service of an officer relating to his tenure of office, disciplinary control, salary (including salary scales), pensionable allowances and passages;


 * (c) "officer" means an officer whose conditions of service before the appointed day included an entitlement to a free passage from Sabah/Sarawak for the purpose of leave of absence upon the completion of a tour of duty and who was before that day the substantive holder of a pensionable office in the public service of Sabah/Sarawak, being a person—


 * (i) who was selected for or offered appointment to the public service of Sabah/Sarawak by a Secretary of State; or


 * (ii) 'whose appointment to the public service of Sabah/Sarawak was approved by a Secretary of State; or


 * (iii) who had entered into an agreement with the Crown Agents for Oversea Governments and Administrations to serve in the public service of Sabah/Sarawak; or


 * (iv) who (although not an officer falling within heads (i), (ii) or (iii) of this sub-paragraph) is or has been a member of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary, or has been a member of a former Colonial Unified Service, or is or was a designated officer for the purposes of the Overseas Service (North Borneo)/ (Sarawak) Agreement 1961; or


 * (v) who prior to the date on which Sabah/Sarawak became a colony, was recruited to a post in the public service of Sabah/Sarawak for which, after Sabah/Sarawak became