Page:Cabinet Memoranda 29 August 1945 (cab-129-1-cp-133).pdf/5

 (d) To open confidential discussions, with the Rajah of Sarawak, who is at present residing in this country, with a view to the preparation of a new Agreement on the lines proposed in paragraph 3 (c) of Appendix II attached.


 * Offices of the War Cabinet, S.W. 1,
 * 18th May, 1944.


 * 1.The restoration of the pre-war constitutional and administrative system will be undesirable in the interests of efficiency and security and of our declared purpose of promoting self-government in Colonial territories. The first of these interests requires a closer union of the territories comprising the relatively small area of the Malay Peninsula; and the second requires that self-government should not merely develop towards a system of autocratic rule by the Malay Rulers but should provide for a growing participation in the Government by the people of all the communities in Malaya, subject to a special recognition of the political, economic and social interests of the Malay race.


 * 2.On general grounds, and more particularly in order that His Majesty's Government may be in a better position to ensure the development of the country on the lines indicated above, it is necessary that the old position in which His Majesty had no jurisdiction in the Malay States should be remedied and that it should be possible to legislate for those States under the Foreign Jurisdiction Act. Immediately on the reoccupation of Malaya, direct authority will be exercised by the Military Commander, who will carry with him sufficient authority to enable him to exercise such direct powers and control over the territory as will be necessary during the period of military administration. This military authority will, however, not enable His Majesty to legislate for the Malay States under the Foreign Jurisdiction Act and, moreover, the jurisdiction of the Military Commander will not persist when the military administration gives way to a permanent civil administration.


 * 3.In considering the proper way to achieve these objects, it is necessary, on the one hand, to make certain basic assumptions and, on the other hand, to be prepared to meet a situation when the liberation of Malaya has been effected, on which those assumptions may be found to be wrong or incomplete and in consequence the prepared plans may have to be varied. The future position and status of the Malay Rulers in particular cannot finally be judged before liberation when it will be possible to assess not only their individual records but also and especially the attitude of the people of Malaya to the advantages or otherwise of maintaining the Sultanates as institutions in the several States. For the present we have no reason for any other assumption than that the Sultanates as an institution will continue to enjoy the loyalty and traditional respect of the Malays.


 * 4.On that assumption, it is considered that the proper way to achieve our purpose will be to make fresh treaties with the Rulers under which such jurisdiction would be ceded to His Majesty as would enable him to legislate for the States under the Foreign Jurisdiction Act. A fresh Treaty with each Ruler should for this single purpose be concluded on behalf of His Majesty as soon as feasible after reoccupation. The actual signatory of such Treaties on behalf of His Majesty would appropriately be the G.O.C., but the negotiations would be carried on under instructions from the Secretary of State for the Colonies by Civil Affairs Officers or special representatives of His Majesty's Government, subject always to the proviso that the actual time for opening negotiations with the Rulers must be governed by Military exigencies and left to the discretion of the Military Commander.


 * 5.The acquisition of this Jurisdiction by His Majesty will enable an Order-in-Council to be made to provide for the future central and local government of the country. This jurisdiction will render unnecessary any further