The British government "obligation" take its initial course after they breached both of this agreement in relation with the Sarawak government due to Japanese occupation in 1941.
AGREEMENT between
HER MAJESTY'S GOVERNMENT and CHARLES BROOKE, SECOND RAJAH OF SARAWAK
WHEREAS CHARLES
BROOKE Esquire
Rajah and lawful Ruler of the State of Sarawak, in the island of Borneo, has
represented to Her Majesty's Government the desire of that State to be placed under the protection of Her Majesty the
Queen under the conditions hereinafter mentioned; it is hereby agreed and
declared as follows:-
Article
1.
The State of Sarawak shall continue
to be governed and administered by the said Rajah Brooke and his successors as an independent State under the protection
of Great Britain but such protection shall confer no right on Her Majesty's Government to interfere with the internal
administration of that State further than is herein provided.
Article
2.
In case any question should
hereafter arise respecting the right of
succession to the present or any future Ruler of Sarawak, such question
shall be referred to Her Majesty's Government for decision.
Article
3.
The relations between the State of
Sarawak and all foreign States
including the States of Brunei and North Borneo shall be conducted by Her
Majesty's Governemnt or in accordance with its directions; and if any
difference should arise between the Government of Sarawak and that of any other
State, the Government of Sarawak agrees to abide by the decision of Her
Majesty's Government and to take all necessary measures to give effect thereto.
Article
4.
Her Majesty's Government shall have
the right to establish British Consular
Officers in any part of the State of Sarawak who shall receive exequaturs
in the name of the Government of Sarawak. They shall enjoy whatever privileges
are usually granted to Consular Officers and shall be entitled to hoist the
British flag over their residences and public offices.
Article
5.
British
subjects commerce and shipping
shall enjoy the same rights privileges and advantages as the subjects commerce
and shipping of the most favoured nation as well as any other rights,
privileges and advantages which may be enjoyed by the subjects commerce and
shipping of the State of Sarawak.
Article
6.
No
cession or other alienation of any part of the territory of the State of
Sarawak shall be made by the Rajah or his successors to any foreign State or
the subjects or citizens thereof, without the consent of Her Majesty's
Government but this restriction shall not apply to ordinary grants or leases of
lands or houses to private individuals for purposes of residence, agriculture,
commerce, or other business.
Given under my hand and seal this
14th day of June is the year Eighteen hundred and eighty-eight.
Seal. (Signed)
C. BROOKE, Rajah.
Seal. (Signed)
SALISBURY.
5 September 1888
AN AGREEMENT between HIS
MAJESTY'S GOVERNMENT
and the RAJAH IN COUNCIL of the STATE OF SARAWAK
Whereas by an Agreement
dated September 5th, 1888, between Her Majesty's Government and Charles Brooke,
Esquire, Rajah and lawful Ruler of the State of Sarawak it was, inter alia, agreed that the State of Sarawak should continue to be
administered by the said Rajah Brooke under the protection of Great Britian
but that such protection should confer no
right on Her Majesty's Government to interfere with the internal administration
of the State further than was therein provided:
And Whereas it is the
desire of His Majesty's Government and of the Rajah in Council of the State of
Sarawak that further provision
should be made regulating the relations between His Majesty's Government and
the State of Sarawak:
Now, therefore, it is
agreed between His Majesty's Government and His Highness the Rajah in Council
of the State of Sarawak, as follow:-
- This agreement is supplementary to the above-recited agreement of September 5th 1888, and the said agreement shall be read subject to the provisions of the agreement hereinafter appearing.
- The State of Sarawak will receive and provide a suitable residence for a British Officer to be called the British Representative who shall be accredited to the Court of the Rajah, and whose advice must be asked and acted upon on all matters affecting the relations of the State of Sarawak with foreign states or the rights and status of foreign nationals and on all matters of defence.
- The British Representative shall be appointed by His Majesty's Government.
- The services of the British Representative shall be available for consultation and shall be entitled to offer his opinion on matters touching the general administration of the State. He shall have acess to such State documents and records as concern matters in respect of which his advice is sought under this Clause or under Clause 2 of this Agreement. He shall be entitled to attend meetings of the Supreme Council when such matters are discussed, but he shall not be entitled to a vote. He may attend all meetings of the Council Negri and he may address that Council if invited by the President to do so, but he shall not be entitled to vote therein.
- His Majesty's Government will at all times to the utmost of its power take whatever steps may be necessary to protect the territory of Sarawak from external hostile attacks.
In Witness Whereof the
parties hereto have hereunder set their hands this twenty-second day of
November 1941.
Signed by (T.S.W.
THOMAS) His Excellency the Governor of the Straits Settlements and High
Commissioner for the Malay States for and on behalf of His Majesty's Government
in the presence of:-
G.R. DON FOX
Signed by (C.V. BROOKE)
His Highness the Rajah of Sarawak in the presence of:-
G.T. MacBRYAN
*New information will be continue to be added in this article at a regular basis as per requirement.
Author: Zulfaqar bin Sa'adi. Information Chief of State Reform Party (STAR).
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