Page:Cabinet Memoranda 29 August 1945 (cab-129-1-cp-133).pdf/6

 dependence on Treaties with Rulers in any future revision of the constitutional arrangements.


 * 6.The new constitutional arrangements for Malaya should provide for the special treatment of the port and Island of Singapore, in the early stages at any rate, in view of its distinctive characteristics in the Malayan picture.


 * 7.The rest of the peninsula, including the British Settlements of Penang and Malacca, should be constituted a Malayan Union. For the Malayan Union a constitution should be devised which would provide for a single united authority representing the States and the Settlements, subject to the jurisdiction of His Majesty under statutory powers. At the head of the Union Government would be a Governor with an Executive and a Legislative Council. The seat of this Government would conveniently be in or near Kuala Lumpur.


 * 8.The co-ordination and direction of the policies of Government in the Malayan Union and Singapore will be secured by the appointment of a "Governor-General" at Singapore, with the power of control over the local Authorities in Malaya and Borneo.


 * 9.Co-operation in all administrative matters requisite between Singapore and the Union will be ensured by particular agreements for joint consultation and action.


 * 10.On the assumption explained in paragraph 3 it will be no part of the policy of His Majesty's Government that the Malay Rulers should lose their personal position in their State territories. Indeed, it will be the intention, that, by the association of their territories in the Union, the Rulers will have opportunities to take part in wider activities than hitherto for the general advantage of the country as a whole, and may thereby enhance their sphere of influence and prestige in Malaya.


 * 1.The restoration of the pre-war constitutional and administrative systems in the four territories will be undesirable in the interests of security and of our declared purpose of promoting social, economic and political progress in Colonial territories. These purposes require—
 * (a) The direct assumption by His Majesty's Government of responsibility for administration in North Borneo.
 * (b) The integration of Labuan with North Borneo.
 * (c) The cession to His Majesty of full jurisdiction in Brunei and Sarawak. The purpose of political progress requires also that self-government in Brunei and Sarawak should not merely develop towards systems of autocratic rule but should provide for a growing participation in the Government by people of all communities in each territory.


 * 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 necesssary that the old position in which His Majesty had not full jurisdiction in these territories, with the exception of Labuan, should be remedied and that it should be possible to legislate for them all by Order-in-Council. Immediately on the reoccupation of these territories, 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 territories as will be necessary during the period of military administration. This military authority, even if it fell to be exercised by a British Commander, would, however, not enable His Majesty to legislate for the three States, North Borneo, Brunei and Sarawak, by Order-in-Council, and, in any case, the jurisdiction of the Military Commander would not persist when the military administration gave way to a permanent civil administration.