Page:Report of the Commission of Enquiry North Borneo & Sarawak.pdf/76

 211. Occasions may arise, perhaps not during the early stages but at some future date, when it would be possible for Federal officers to be transferred from one State to another either within the Borneo region or throughout Malaysia. We would like to make an observation here that in such a situation the receiving State Government should be allowed to request for confidential reports of the officers concerned before deciding whether or not to accept them. We are aware that there is a convention of consultation in the Federation of Malaya between the Federal and State Governments. This should likewise be extended to the new States of Malaysia.

212. We have not dealt with the position of the State Civil Service because this does not raise new issues. We would, however, venture to suggest that the Borneo States should not find it too difficult to co-operate with each other with regard to the sharing of employment of a State officer, e.g., Agricultural Officer. The principle we advocate is that wherever necessary such a practice may be adopted and the cost of employing such officers borne on a proportionate basis.

213. We would now like to turn our attention to the legal and judicial services, for which we feel that regional arrangements should also be applied. There should be one Supreme Court for the Federation of Malaysia with unlimited jurisdiction, appellate and original, throughout the Federation and in cases between the constituent States and between any one of the constituent States and the Central Government. There should be a High Court in the Borneo region with unlimited original jurisdiction in all matters arising in the area except those reserved for the Supreme Court. The High Court should also be a Court of Appeal. The domicile of the Supreme Court should be in the Federal capital but we think that its meeting elsewhere in the Federation whenever convenient would be well received. We also feel that it should be the aim to establish a uniform system of Magistrate Courts of different grades.

214. The legal and judicial services should come under the jurisdiction of a Commission, with the Chief Justice of Malaysia as the Chairman. We do not think that the Commission should deal with the appointment of Judges, who should be appointed in accordance with the provisions of the Constitution of the Federation. Posting to individual territories, subject to our observations in paragraph 211 above, should be made by the Chief Justice of Malaysia in the case of judicial officers and by the Federal Attorney-General in the case of legal officers.

215. Obviously we are not in a position nor are we competent to go further into the details of the arrangements which may be necessary. But we have ventured to express our views because of our awareness of the need for paying special attention to these problems. We would therefore recommend that a Joint Working Party (Judicial) be set up with representatives of the two Borneo territories on the one hand and representatives of the Central Government on the other, equal in number and a Chairman to be agreed upon by the three Governments. We cannot at the same time exclude the possibility that Brunei may be interested in this Working Party. It would be its task to examine and recommend the manner and timing of the integration of the legal and judicial services into the Federal system. We would also urge that, subject to the recommendations of the Advisory Board on the special position of the indigenous people (paragraph 190 (h)) and of this Joint Working Party, the