Page:Report of the Commission of Enquiry North Borneo & Sarawak.pdf/71

 It is noted that the provisions in the existing Federation Constitution apply to Federal subjects only unless State Legislature decide to adopt similar provisions for State subjects. We recommend that the same distinction should apply in respect of the Borneo territories. (i) Constitutional Safeguards for Sarawak and North Borneo

Our views are already indicated in Section A of this Chapter.

191. In our present proposal the executive authority in each State shall the 'Head of the State appointed by His Majesty the Yang di-Pertuan Agong after  consultation with the Chief Minister. In the exercise of his functions, except those relating to his discretionary powers, he shall act only in accordance with the advice of a Council of Ministers or Executive Council or Supreme Council, whatever the name may be, which is answerable to the State Legislature. The Head of State should be independent of any control from the Central authority, as are the present Rulers and Governors in the Federation of Malaya, with similar status and functions. There has been some suggestion that for North Borneo and Sarawak, the respective Head of each State should be elected. We think that it is sufficient if he owes his appointment indirectly to election, as is the case to-day in the Federation, where the Governor is appointed by His Majesty the Yang di-Pertuan Agong for a period of years, and the appointment may be terminable after a resolution by a two-thirds majority of the State Legislature concerned. Although we have some reservations regarding the appropriateness of the designation of Governor for the Head of the State in view of the possible confusion of his status and powers with that of the present Governor, we feel that any other designation, such as Yang di-Pertua Negeri or Yang di-Pertua Besar, may create an unfavourable impression that his position is not similar to that of the present Governor of Penang or Malacca.

192. In view of the present status of the two territories, some transitional arrangement will have to be devised for the appointment of the first Heads of these States on their admission as States within the Federation. It will not be possible to have a Chief Minister duly appointed without the existence of a Head of State. We have considered several formulae. On balance, however, the most attractive and practical arrangement to overcome the difficulty is for the first Head of State to be appointed by His Majesty the Yang di-Pertuan Agong, on the joint nomination of Her Majesty The Queen and His Majesty, for a period of not less than two years, during which the provision in the State Constitution regarding appointment to the office should not apply.

193. It has already been noted in paragraphs 22 and 122 that the native population who are in favour of Malaysia have insisted that the Head of the State should be a native, reflecting their concept of the return of the power of Government from Her Majesty's Government to themselves and their anxiety to utilise what they believe are the political powers of the office to correct the imbalance of economic power between themselves and the immigrant races. We have considered this demand carefully. It would appear to us that a realisation that the office of the Head of State carries with it only constitutional position and an assurance of other means to improve their economic position within the country would reconcile the natives to the idea that it should be possible for someone other than a native to be eligible for the office.