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18 33. Emergency Powers

In order to enable a Proclamation of Emergency to be made when a grave emergency threatens the security or economic life of the Federation or any part thereof, whatever the cause and even though no war, external aggression or internal disturbance has actually broken out, Article 150(1) should be amended by the deletion of the words, "whether by war or external aggression or internal disturbance". Furthermore, in order to ensure that the central government will have adequate powers to govern during a national emergency, Article 150 should also be amended to give Parliament unqualified power, while a Proclamation of Emergency is in force, to make laws which appear to Parliament to be required by reason of the emergency with respect to any matter, other than religion, citizenship, language, Muslim law or the custom of the Malays or Native law or custom in North Borneo or Sarawak, notwithstanding anything in the Constitution. Article 79 of the Constitution would not apply to a Bill for any such law, nor should any such law be invalid on the ground of any inconsistency with any provision of the Constitution. Article 150(7) would apply to every such law which would, consequently, cease to have effect six months after the end of the emergency to the extent that it could not have been validly made but for the emergency.

34. Transitional Arrangements for Federal Departments

In paragraph 6 of the Joint Public Statement at Annex C it was agreed that there should be a transitional period during which a number of constitutional powers will be delegated to the State Governments. The Report contains certain recommendations with regard to delegation or devolution of powers from the central Goverment. Apart from the services or departments directly involved in these specific recommendations, transitional arrangements would have to be provided for other departments of the Federalised services and these should be determined as expeditiously as possible.

35. Pending Legal Proceedings

Transitional provision will be needed in connection with pending proceedings by or against Her Majesty in respect of North Borneo or Sarawak and the replacement of the old courts in Borneo by the new—including provision for the continuation in the new courts of proceedings pending in the old courts, and for conferring on the new courts power to deal (on appeal or otherwise) with judgments and orders of the old courts.

36. International agreements for financial and technical aid

The Federal Government should take such action as may be appropriate to secure the continuance in force of, and the assumption by that Government of international responsibility for, rights, liabilities and obligations under existing international agreements relating to the provision of financial and technical assistance to the Borneo States, but should give an assurance that, as respects matters administered by a Borneo State, the benefits of the agreements will continue to be enjoyed and administered by the State.

37. Consent of Conference of Rulers

It was noted that the agreement of the Government of the Federation to the recommendations contained in this report is subject to the consent of the Conference of Rulers to the proposed amendments to Articles 38, 70 and 153 being obtained before the conclusion of the formal agreement referred to in paragraph II.

Signed this twenty-seventh day of February, 1963.

For the United Kingdom Lansdowne J.M. Martin H.P. Hall D.J. Gordon-Smith T.J. O'Brien (Joint Secretary)

For the Federation of Malaya Abdul Razak Abdul Aziz C.M. Sheridan N. Daud R.J.C. Wait Abdul Aziz (Joint Secretary)

For North Borneo W.K.H. Jones H.W. Davidson DATO Mustapha bin Datu Harun Khoo Siak Chiew W.S. Holley (Joint Secretary)

For Sarawak F.D. Jakeway P.E.H. Pikr B.A. St. J. Hepburn Abang Haji Mustapha Jugah anak Barieng Bernard Montegrai Ling Beng Siew Chua Chin Shin G.A.T. Shaw (Joint Secretary)