©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.
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/
www.facebook.com/
www.twitter.com/MyConsti
www.youtube.com/user/
READ: Judges and the judiciary
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/
www.facebook.com/
www.twitter.com/MyConsti
www.youtube.com/user/
READ: Judges and the judiciary