• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
  • Members
    • Circulars
    • Sijil Annual and Payments
    • Benefits
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
  • Public
    • Complaints
    • Legal Aid
    • Notices
    • Compensation Fund
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • About Us
  • Committees
  • Constitutional Law Committee
About Us
Malaysian Bar and Bar Council
  • About Us
  • Bar Council Members
  • Bar Council Secretariat
  • Elections
President's Corner
  • Roll of Presidents
  • Press Statements
Committees
  • Ad Hoc Committee on Amendments to the LPA
  • Ad Hoc Committee on Benchmarking Law Firms
  • Ad Hoc Committee On Conditional Fee Rules Re Personal Injuries
  • Ad Hoc Committee on Personal Data Protection
  • Ad Hoc Committee On The Common Bar Course
  • Advocacy Training Committee
  • Arbitration Subcommittee
  • Bahasa Melayu
  • Child Rights
  • Civil Law
  • Committee On Orang Asli Rights
  • Constitutional Law Committee
  • Construction Law Committee (formerly known as Subcommittee on Construction Law)
  • Conveyancing Practice
  • Corporate and Commercial Law
  • Court Liaison
  • Criminal Law
  • Environment and Climate Change
  • Family Law
  • Finance
  • Human Rights
  • Industrial and Employment Law
  • Information Technology and Cyberlaws
  • Innovation and Future of Law Committee
  • Intellectual Property
  • International Malaysia Law Conference 2014
  • International Malaysia Law Conference 2016
  • International Malaysia Law Conference 2018
  • International Malaysia Law Conference 2020
  • Islamic Finance
  • Law Reform and Special Areas
  • LawCare
  • Legal Profession
  • Migrants, Refugees and Immigration Affairs Committee
  • Motor Insurance Review Committee
  • National Legal Aid
  • National Young Lawyers
  • Professional Indemnity Insurance
  • Professional Standards and Development
  • Shipping & Admiralty Law
  • Small Firms
  • Solicitors' Remuneration Enforcement Committee
  • Sports
  • Syariah Law
  • Task Force on Combined Rules Of Court
  • Task Force on Independent Police Complaints & Misconduct Commission (IPCMC)
  • Task Force to Review the Compendium of Personal Injury Awards
  • Trade In Legal Services (formerly known as GATS)
  • Yayasan Bantuan Guaman Kebangsaan Steering Committee
Previous Committees
  • Ad Hoc Committee on Anti Money Laundering
  • Ad Hoc Committee on Judicial Commission
  • Ad Hoc Committee On National Legal Aid Foundation
  • Ad Hoc Committee on Rules and Regulations
  • Arbitration & Alternative Dispute Resolution
  • Gender Issues & Equal Opportunities (2005-2007)
  • International Malaysia Law Conference 2012
  • LawCare Fund Management
  • Library
  • Malaysian Law Conference Organising Committee 2007
  • Malaysian Law Conference Organising Committee 2010
  • No-Fault Liability Scheme
  • Practice Management Support Committee
  • Publications
  • Safer Malaysia
  • Standing Committee for the Promotion of Best Practices by Detaining Authorities (2005-2007)
  • Standing Committee on Court Rules (2005-2007)
  • Standing Committee on Eliminating Discrimination (2005-2007)
  • Standing Committee to Review LPA 1976
  • Study Loan
Contacts
  • Web Administrator
  • Complaints
  • Legal Aid Centres
  • State Bar Committees
  • Bar Council Secretariat
  • Bar Council Members
  • Bar Council
Advertising
  • Advertise with Bar Council
  • Go back to list
My Constitution: About Sabah and Sarawak 10 Jan 2011 12:00 am

©Malay Mail (Used by permission)

The Rakyat Guides 7, Part 1

TO understand how Sabah and Sarawak became part of Malaysia in 1963, it is important to know their history.

Sarawak was ruled by the dynasty of Rajah Sir James Brooke for over 100 years, while Sabah was ruled by the Sultan of Sulu and the British North Borneo Chartered Company, before both States became Crown Colonies under the British Empire after World War II.

When the Federation of Malaya became independent in 1957, the people of Sabah and Sarawak started discussing the independence of their States.

The question of Sabah and Sarawak forming a federation with other countries led to the creation of a commission led by Lord Cobbold, to find out the true wishes of the people there.

After speaking to many people and groups, the commission reported that the majority would agree to form a federation with Malaya, if there were special safeguards to protect their interests.

An Inter–Governmental Committee was then set up consisting of representatives of the Malayan government, the British government, Sabah and Sarawak to draw up the special safeguards for the two States.

In July 1963, the “Malaysia Agreement” was signed in London by the British and Malayan governments, Sarawak, Sabah and other parties (including Singapore) for the formation of Malaysia, and the agreement included the special interests and safeguards for Sabah and Sarawak which were recommended by the Inter–Governmental Committee.

The Malayan Parliament then made changes to the 1957 Constitution to make it a Federal Constitution for Malaysia, and the special interests and safeguards for Sabah and Sarawak were included in the Constitution.

On Sept 16, 1963, Malaysia was born.

What are these special interests and safeguards for Sabah and Sarawak?

They are as follows:

● Sabah and Sarawak can control the entry and residence of non–Sabahans and non–Sarawakians into the two States.

● Only lawyers who are residents in Sabah or Sarawak or have satisfied the residential requirements of Sabah and Sarawak can practise law in Sabah and Sarawak.

● Sabah and Sarawak have a separate High Court called the High Court in Sabah and Sarawak which has jurisdiction over Sabah and Sarawak.

● The Chief Ministers of Sabah and Sarawak must be consulted on who to appoint as Chief Judge of the High Court in Sabah and Sarawak.

● Besides Syariah Courts, there is a system of Native Courts in Sabah and Sarawak.

● Sabah and Sarawak have sources of revenue and special grants of money from the Federal government that other States in Malaysia do not have, and they can also charge their own State sales tax.

● The Legislative Assemblies of Sabah and Sarawak have the power to make laws on additional matters which the Legislative Assemblies of the other States do not have the power to do, and these matters include native law and custom; water supplies and services; personal laws relating to marriage, divorce, guardianship and adoption; distribution and supply of water power and electricity generated by water power and some shipping matters.

● Parliament has the power to pass laws on some matters in the State List to make sure that laws on that  matter are the same in all the States in West Malaysia. However, Parliament’s power to do this does not  extend to Sabah and Sarawak. You can learn about the State List in The Rakyat Guides: 3. Federal–State Relations.

● Parliament also has the power to pass laws on matters in the State List to give effect to a National Development Plan, but if it involves the States of Sabah or Sarawak, the consent of the Yang di–Pertua Negeri (YDPN) of that State must be obtained. You can learn about the National Development Plan in The Rakyat Guides: 3. Federal–State Relations.

● Sabah and Sarawak can also raise loans for their purposes with the consent of Bank Negara Malaysia.

● The natives of Sabah and Sarawak enjoy special interests such as quotas nor employment in the public  service, scholarships, places in public educational institutions and business permits or licences.

● Sabah and Sarawak can use the English language as their official language, and the native languages of the natives of Sabah and Sarawak in the Native Courts or for any native law and custom.

How are these special interests protected under our Federal Constitution?

The Constitution says that before any changes can be made to any of these special interests and safeguards, at least two–thirds of the members of the Dewan Rakyat and Dewan Negara in Parliament must agree and the YDPNs of both Sabah and Sarawak (who must follow the advice of the States’ Cabinet) must consent to it.

At least two–thirds of the Dewan Rakyat and Dewan Negara in Parliament must also agree and the YDPNs of Sabah and Sarawak must also consent before changes can be made to any of these matters:

● the right of Sarawakians or Sabahans to equal treatment with other Malaysian citizens born or resident in any of the States of Malaysia;

● the appointment, suspension and removal of judges of the High Court in Sabah and Sarawak and the  jurisdiction of the Court;

● the Sabah and Sarawak State Legislative Assemblies’ powers to make laws and their State governments’ powers to govern according to those laws, as well as the financial arrangements between the two States and the Federal Government;

● religion, the use of any particular language whether in the State Legislative Assemblies of Sabah or Sarawak or in Parliament, and the special treatment for natives of Sabah and Sarawak;

● Immigration powers given to Sabah and Sarawak to control the right of entry and residence in the States and matters connected to it.

You can also learn and follow the MyConstitution Campaign on:

www.perlembagaanku.com
www.malaysianbar.org.my/constitutional_law_committee
www.facebook.com/MyConstitution
www.twitter.com/MyConsti
www.youtube.com/user/PerlembagaanKu

READ: Judges and the judiciary

© Copyright Reserved 2021. Bar Council Malaysia.