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 effort without constitutional preferences. Me believes that better opportunities rather than privileges are required by the indigenous people of the Borneo territories.

162. The other British member considers that in the light of the existing provisions relating to Malays in Malaya, the native races in the Borneo territories could not be given less favourable treatment, and recommends therefore that they should be given analogous treatment to the Malays in Malaya, provided it is understood that these provisions are not a permanent feature of the Federal Constitution.

163. If a decision is taken that the provisions in the existing Federation of Malaya Constitution in this regard should apply to the natives of Borneo, we recommend that the question should be reviewed after 10 years in the light of the progress made by the native races. We further recommend that the provisions should apply to those citizens who are regarded as natives within the meaning of the Interpretation (Definition of Native) Ordinance of North Bonieo (see Appendix D) and in the case of Sarawak those who are regarded as natives within the meaning of Section 3 of the Interpretation Ordinance, 1953 (see Appendix D). We recommend that the Ordinances in the two territories should be examined with the object of bringing them into line. it is to be noted that the provisions in the existing Federation of Malaya Constitution apply to Federal matters only unless State Legislatures decide to adopt similar provisions for State matters. We recommend that the some distinction should apply in respect of the Borneo territories.

164. We agree with our Malayan colleagues that an Advisory Board, as recommended by them in paragraph 190(h), will be required to advise on the interpretation and administration of this complex and thorny subject.


 * Representation in Federal Parliament

165. We have mentioned in earlier Chapters the strong desire everywhere expressed that the representation of the Borneo territories in the Federal Parliament should take account not only of their population but also of their size and potentialities. We strongly recommend that these desires should be met.

166, We concur in the proposals made by our Malayan colleagues in paragraph 190 (g).


 * Allocation of Functions between Federation and State

167. While specific powers will be exercised by the Federation the residual powers will remain with the State and, subject to general observations made earlier in this chapter and to the particular observations which follow, we feel that the division or subjects between the Federal, State and Concurrent Lists in the existing Constitution of the Federation of Malaya would provide a reasonable basis.

(a) We particularly recommend that in such matters as land, agriculture, forestry and local customs and usage, power should clearly rest with the State Governments.