Page:Report of the Commission of Enquiry North Borneo & Sarawak.pdf/109

 State, Federal and Concurrent Lists Applicable

38. Having accepted the principle that all the Borneo territories would join the Federation of Malaysia as States equal in status with other existing States of the Federation, the Committee is cognisant of the arrangement that State list, Federal list and Concurrent list of the present Federation of Malaya Constitution defining the present powers and responbilities of the State and the Federal Governments will subject to local autonomies and paragraph 41, be applicable in the new Federation of Malaysia. There may of course be some administrative problems in the case of intergration of services and such like matters but the Committee is confident that all those could be resolved by joint working party of officials. In this regard the Committee is of the view that nothing should be done so as to disrupt the machinery of Governments and reduce the effiency of the services concerned.

Assurance on Civil Service

39. With regard to the public services in the Borneo territories it is agreed that all State civil service appointments would be under the control of the respective State Governments. In the case of Federal services, the Committee welcomes the assurance given by the Prime Minister of the Federation of Malaya on the 6th January at the Kuala Lumpur meeting of the Committee when he stated, "I can also give a categorical assurance that there would be a progressive Borneanisation of the public services in the Borneo territories and in addition the people of the Borneo territories would have new opportunities to serve in high appointments in the Federal service. Of course, as I have declared before, nothing should be done to disrupt the present machinery of Government. Expatriate officers who are now serving the various territories would continue to do so until suitable local officers are found to take their places."

Service in Armed Forces

40. The Committee also welcomes the statement of the Prime Minister in the same speech that the local people of the Borneo territories should participate in the defence of Malaysia. "Their young men should be encouraged to enlist in the army, navy or the air force of the Federation of Malaysia and take a legitimate pride in being officers and other ranks in such forces. Programmes will have to be arranged whereby those in schools who aspire to make the armed forces their career will be given suitable training either in our own military college or overseas. The warriors of the Borneo territories should stand shoulder to shoulder with their compatriots in the peninsula in the protection of Malaysia."

Amendment Safeguard

41. In the course of its deliberations, the Committee referred to the fears entertained by some delegates that it would be possible for the Federal Government to amend the Constitution and withdraw whatever powers it had agreed to give to the States. The Committee is of the opinion that when an individual State is given autonomy in respect of a particular matter which is not conceded to all States some form of safeguard will be desirable. The assurance in this regard was most welcomed. The form such safeguard will take is a matter to be worked out by constitutional experts.

Existing Laws to Continue until Replaced

42. With regard to the question of the validity of the existing laws in the Borneo territories until replaced by Federal law, the Committee is satisfied with the explanation that, subject to modifications, existing laws on Federal matters would continue until amended or repealed by Parliament. Existing laws on State matters will continue until amended or repealed by the State legislature.

Economics Aspects of Malaysia

43. The Committee made a thorough study of the papers relating to the economic aspects of Malaysia which were tabled by the Federation Delegation vide Appendices A and B. The Committee is adequately assured that the future economic and trade policy of the Federation of Malaysia would not deviate from those precepts which are admirably suited for the purpose of the common prosperity and welfare of the people of Malaysia.