Page:Report of The Inter-Governmental Committee, Malaysia.pdf/4

2 7. On the 26th September 1962, the following motion was adopted without dissent by the Council Negri of Sarawak:——

"That this Council——

(a) Welcomes the decision in principle of the British and Malayan Governments to establish Malaysia by the 31st August 1963, on the understanding that the special interests of Sarawak will be safeguarded; (b) notes that an Inter-Governmental Committee has been established to work out the detailed constitutional arrangements and the form of these safeguards, which will be laid before this Council; (c) authorises the Chief Secretary, the Attoney-General, the Financial Secretary, the Datu Bandar Abang Haji Mustapha, Temenggong Jugah anak Barieng, Pengarah Montegrai anak Tugang, Mr. Ling Beng Siew and Mr. Chia Chin Shin to represent Sarawak on this Committee; and (d) authorises the Governor in Council to nominate as additional members of the Committee or as members of Sub-committees thereof such unofficial members of this Council and such public officers as may be desirable."

8. The first Sub-Committee meeting was held in Jesselton on the 8th October, and the series of meetings concluded with Plenary meetings in Kuala Lumpur on the 18th, 19th, and 20th December. A list of the meetings held and the delegates who took part is at Annex D.

9. The recommendations of the Inter-Governmental Committee, in so far as they are not fully covered in the body of this Report are set out in Annex A, and with respect to the Public Service in Annex B.

 

10. The Federation will consist of the States of the existing Federation of Malaya Sabah (at present known as North Borneo), Sarawak, and Singapore and also if agreement is reached on the admission of Brunei, that State. The name of the Federation shall be Malaysia.

11. The Committee noted the mention stated in paragraph 4 of the joint public statement (Annex C) to conclude a formal agreement embodying detailed constitutional arrangements including safeguards for the special interests of North Borneo and Sarawak. In order to carry out this intention the annexures to the formal agreement should include:―—

(a) a Bill to be introduced into the Malayan Parliament to amend the Constitution of the present Federation of Malaya to meet the requirements of the new States and to change the name of the Federation;

(b) the Draft State Constitutions to be submitted to Her Majesty in Council.

12. The Committee examined the Constitution of the Federation of Malaya and this Report sets out the amendments, including transitional provisions which the Committee considers will be necessary to meet the requirements of North Borneo and Sarawak (hereinafter referred to as the Borneo States) and, subject to these and the amendments necessary in relation to any other new State, accepts that the Constitution of the Federation of Malaysia will be based upon the Constitution of the Federation of Malaya as it applies in relation to the States which are at present States of the Federation of Malaya. This Report will be laid more the Legislative Council of North Borneo and the Council Negri of Sarawak. If it is approved by those Councils, the draft of the formal agreement will be drawn up and initialled by representatives of the United Kingdom, the Federation of Malaya, North Borneo and Sarawak.

13. The Committee recognised that the nature of the constitutional arrangements to govern the relationship of the State of Singapore to the Federation of Malaya was not a matter within its terms of reference. But certain of the Committee's recommendations, for example regarding the composition of the Federal Supreme Court, and the establishment of territorial High Courts are in some respects necessarily of general application and in other respects such that a considerable degree of uniformity is clearly desirable. Consequently in a few contexts the recommendations are formulated in gerenal terms applicable to the whole of Malaysia and the Committee has expressed