Page:Cabinet Memoranda 29 August 1945 (cab-129-1-cp-133).pdf/3

 :13.The Rajah Muda and the two other members of the Sarawak Commission nominated by the Rajah to represent him have shown themselves opposed to the proposals which have been made to them on the basis of the decision of the War Cabinet and since the fourth meeting, which was held on the 10th May, a state of stalemate has existed, while the Sarawak Government consult their legal adviser on His Majesty's Government's definition of the international position of Sarawak. My predecessor, therefore, wrote to the Rajah in July requesting that active consideration should be given to the measures which were necessary on the Sarawak side for the resumption of discussions. The Rajah replied that the Rajah Muda was now administering the Government and that in accordance with the terms of the Sarawak Constitution, Colonel Stanley's letter had been passed to him for action. Nothing further has been heard from the Sarawak side.


 * 14.The Rajah Muda and members of the Sarawak Government have from time to time expressed the wish that Civil Government in Sarawak should be restored as soon as possible, and that the Rajah Muda, as a member of the Brooke family administering the Government, should be allowed to return to the country during the period of military administration.


 * 15.I propose that I should now be authorised to tell the Rajah that the relations with His Majesty's Government are governed by the Agreements of 1888 and 1941, and that so long as he remains Rajah His Majesty's Government cannot recognise any claim on his part to devolve his powers and prerogatives as Rajah on to an "Officer Administering the Government" or any other person. In this connection it is to be observed that Section 18 (ii) of the Order of 1941 (providing for the future government of Sarawak) which enacts that "In the event of the Rajah having occasion to leave the State or to be temporarily absent from the seat of Government the Rajah in Council may appoint an officer to administer the Government and such officer shall forthwith assume all the powers and prerogatives of the Rajah (subject to the provisions of this Order)" —has local application only, and does not apply to the present position where the Rajah is in this country and capable of negotiating with His Majesty's Government.


 * 16.I should further propose to say that His Majesty's Government look to the Rajah to ensure that an agreement satisfactory to His Majesty's Government is reached within a period of two months and that, failing the conclusion of such an agreement within that time, it will be necessary for His Majesty's Government to consider what course they must take to ensure that they are in a position and have the necessary authority in the internal as well as the external policies of the Sarawak administration to carry out the responsibility for the territory which they bear to the British Parliament and in the international field. I should like to have authority to add that there can be no question of the Rajah or his Government being permitted to return to Sarawak until such arrangements as are satisfactory to His Majesty's Government have been made.


 * 17.The proposed future changes in the status of Labuan and Brunei are of comparatively minor importance, and need, I think, present no difficulties. I should, nevertheless, be grateful if my colleagues could now give their final approval to the proposals as regards these territories which were considered by the War Cabinet on the 31st May last year.


 * 18.To sum up, I request the approval of my colleagues for the following measures :—
 * (a) the definite confirmation of the policy as regards Malaya which is described in paragraphs 2 and 3 above; the first step towards the implementation of this policy being the definitive appointment of Sir Harold MacMichael and his visit to Malaya to conclude new treaties with the Rulers of the several States;
 * (b) a communication to the Rajah of Sarawak in the sense indicated in paragraphs 15 and 16 above;
 * (c) the proposed changes in the administration of Labuan and in the matter of His Majesty's jurisdiction in Brunei.


 * Colonial Office, Downing Street,
 * 29th August, 1945.

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