The decision to appoint the Commission of Enquiry, was made by the British and Malayan Governments, after talks held in London on November 1961 when the proposal for the creation of a Federation of Malaysia, which would embrace Sarawak, North Borneo and Brunei, were fully examined. The terms of reference of the Commission are as follows:-
"Having regard to expressed agreement of Governments of the United Kingdom and the Federation of Malaya that the inclusion of North Borneo and Sarawak (together with other territories) in the proposed Federation of Malaysia is a desirable aim in the interests of the peoples of the territories concerned -
(a) to ascertain the views of the peoples of North Borneo and Sarawak on this question;
(b) in the light of their assessment of these views, to make recommendations".
The Malaysia Solidarity Consultative Committee (MSCC) present their memorandum to the Cobbold Commission and below is a FULL lists of the memorandum presented at that time.
Introduction:
The statement made on May 27, 1961, by the Prime Minister of the Federation of Malaya, Y.T.M. Tunku Abdul Rahman Putra Al-Haj, on the concept of Malaysia at a press luncheon in Singapore sparked off a lively interest in Malaya, Singapore and the Borneo Territories in the idea of Malaysia resulting in all manner of speculations on what the plan and form Malaysia might take.
While views welcoming the proposal were expressed in the territories concerned, the idea of Malaysia became the target of serious criticisms from certain quarters.
In view of the indeterminate way in which the subjects, of necessity, had been launched, there was uncertainty in the minds of many of the people, particularly in the Borneo Territories. However, one point was clear; few could claim to be apathetic to this vital subject.
2 - Formation of Malaysia Solidarity Consultative Committee:
Malaysia was first jointly dismissed by the leaders of the Borneo Territories, Singapore and the Federation of Malaya at the Commonwealth Parliamentary Association regional meeting which was held in Singapore in July, 1961.
During the Conference, misgivings regarding local interests were expressed and views exchanged. As a result of a preliminary examination, delegations from North Borneo and Sarawak took the initiative to propose the formation of a Malaysia Solidarity Consultative Committee of the Commonwealth Parliamentary Association.
Their joint statement said inter alia "we have decided to form a Malaysia Solidarity Consultative Committee consisting of representatives from each of the five territories.
The object of the Consultative Committee would be to continue the explanations and discussions initiated at the Commonwealth Parliamentary Associations and ensure that the impetus given to Malaysia is not slowed down ....
"What emerged-clearly from the conference (CPA) was that the delegates who shape and mould public opinion in their respective territories, were convinced both of the necessity and inevitability of Malaysia."
3 - Aims and objects ol MSCC:
The aims and objects of the Committee as formulated and agreed upon at its first meeting in Jesselton on August 24, 1961 are:-
a) To collect and collate views and opinions concerning the creation of Malaysia consisting of Brunei, North Borneo (Sabah), Sarawak, Singapore and the Federation of Malaya.
b) To disseminate information on the question of Malaysia.
c) To initiate and encourage discussions on Malaysia; and
d) To foster activities that would promote and expedite the realisation of Malaysia.
4 - Committee meetings:
The Committee met four times, namely, in Jesselton on August 21, 1961; in Kuching on December 18-19-20, 1961; in Kuala Lumpur on January 6-7-8, 1962; and in Singapore on February 1-2-3, 1962.
5 - Brunei's attendance:
Brunei did not participate at the Jesselton meeting but attended as observers during the Kuching, Kuala Lumpur and Singapore meetings.
6 - Concept of Malaysia supported:
At these meetings delegations submitted reports on the progress made by them in their respective territories with regard to explaining and furthering the concept of Malaysia among the people.
The Committee, while reiterating its acceptance of and support for the concept of Malaysia, recognised the need for the widest dissemination of all information relating to Malaysia among the peoples of the territories so that all would appreciate the vital necessity of the realisation of Malaysia as soon as possible.
7 - Not unitary:
In view of the fact that all delegations acknowledge the desirability that all component states should retain their identity and autonomy, the possibility of Malaysia being formed as a unitary state was never considered.
8 - Federation defined:
The Committee envisaged an association of several sovereign states with a central organ invested with powers directly over the citizens of the member state and in certain defined circumstances over the member states themselves.
There would be a central government and also state governments, but from the view point of international law, the collection of states forming the federation would be recognised as one sovereign state within the family of nations.
9 - Strong central government vital:
The Committee in the course of its deliberations has come to the conclusion that External Affairs, Defence and Security of Malaysia should be vested in the central government and it also supports the objective of an effective central government as vital to sustain Malaysia.
Accordingly, the Committee arrives at the only logical answer that Malaysia should be in the form of a Federation. And, in view of the special problems relating to Singapore, the Committee appreciates the need for special arrangements for Singapore.
It was agreed that, like Singapore, the three Borneo territories should have certain local safeguards - in the case of the Borneo Territories, in respect of such subjects, for example, control of migration, Borneanisation and special provisions for taxation, customs and other fiscal matters to ensure that the less developed economy of the Borneo Territories are not suddenly upset by the application of a unified Malaysian customs and excise duty and other national taxation but should only be made uniform gradually as the development of the economy of these territories progresses - but could otherwise be placed on equal footing with the other States of the present Federation of Malaya.
10 - Wishes of people respected:
The Committee, of course, is of the opinion that whatever safeguards which might be provided for the Borneo Territories must confirm with the expressed wish of the Borneo people themselves but that such arrangements should not prejudice the principle of a strong central government or curtail the fundamental liberties of the nationals of the Federation of Malaysia.
11- Singapore Plan:
The Committee notes with satisfaction the heads of agreement negotiated between the Governments of the Federation of Malaya and Singapore for the merging of the State in the Federation of Malaysia.
The Committee recognises the fact that Brunei is a self-governing state and not a colony as in the case of Sarawak and North Borneo, that the Commission of Enquiry's jurisdictiom does not extend to Brunei and that the State is competent to negotiate direct with the governments of the United Kingdom and the Federation of Malaya.
12 - Sovereignty:
There is no doubt in the mind of the Committee that, from the international point of view, sovereignty rests with the Federation of Malaysia.
The Committee accepts the principle that the Federation of Malaysia should have a constitutional head of state and there is no reason to discontinue the system of the appointment of Yang di-Pertuan Agong. The sovereignty of the Ruler of each state of the Federation of Malaysia will be guaranteed.
Within the concept of Malaysia the Sultan of Brunei will be eligible for nomination to be Supreme Head of the Federation while Sarawak and North Borneo will each have a Head of State. Each State will have a Constitution of its own and its powers defined.
13 - Islam as the Religion of the Federation and Religious Freedom:
The Committee directed a great deal of its attention to the question of Islam as the religion of the Federation.
It is satisfied that the acceptance of Islam as the religion of the Federation would not endanger religious freedom within Malaysia nor will it make Malaysia a State less secular.
The present constitution of the Federation of Malaya, which would serve as the basis of the new federation, has adequately guaranteed that other religions can be practised in peace and harmony in any part of the Federation.
Every person will have the right to profess and practise his religion. No person will be compelled to pay any special tax for purposes of a religion other than his own.
Every religious group will be assured of its right to manage its own religious affairs, to establish and maintain institutions for religious or charitable purposes and to acquire and own property and hold and administer it in accordance with the law.
There would be freedom to establish and maintain instituttions for religious education. No person in the Federation of Malaysia will be required, except in accordance with the laws of his own religion, to receive instruction, or take part, in any ceremony or act of worship of any religion.
All these rights which are in fact universally enjoyed at present in the Federation of Malaya will be enshrined in the constitution of the Federation of Malaysia.
14 - Islam in relation to a state within the Federation:
The Comittee examined the position of Islam in relation to a state other than a Malay state and finds no objection to the present arrangement for Penang and Malacca being adopted in the future states of Sarawak and North Borneo and Singapore.
Each of these states will have in its constitution provision for conferring on the Yang di-Pertuan Agong the position of Head of the Muslim religion in the state whose legislature would make laws for regulating Muslim religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the Muslim religion.
The Committee observes that in practice these three territories are already, to some extent, concerning themselves with the affairs of Muslim religion and the adoption of this principle on a formal basis would present no difficulty.
15 - Fundamental liberties:
The present constitution of the Federation of Malaya has firmly established constitutional guarantees for the people.
The Committee has taken it for granted that these provisions in the Constitution safeguarding the fundamental liberties of the people of the Federation of Malaya would be extended to the people of the Federation of Malaysia whose rights could be enforced by the courts which could countermand and invalidate any attempt to undermine any of those rights whether by legislative or executive action or otherwise.
16 - Elections of representatives to Federal Parliament and State legislatures:
In view of the fact that political advancement in the Borneo Territories is at the moment in varying stages of development, the Committee is convinced that it would not be possible to apply at once on merger the general practice adopted in the Federation of Malaya regarding elections to the Federal Parliament and State Legislatures.
The Committee is of the opinion that, although the pace of these developments should be accelerated, no precipitate step should be taken lest some unforeseen and undesirable consequences might ensue.
The Committee therefore appreciates the suggestion that for the time being in Sarawak the electoral college system may be retained under Malaysia for the State Legislature and the representatives for the Federal Parliament may be elected by the Council Negri from among its members.
In the case of North Borneo, the question of representation to the State Legislature and the Federal Parliament should be a matter for consideration by the Commission of Enquiry.
17 - The Chief Executives:
With regard to the appointment of the chief executive of the state, namely the Chief Ministers in North Borneo and Sarawak respectively, the Committee has not applied its mind on how this should be affected.
Undoubtedly the Chief Minister will be someone who has the support of the State Legislature. It will be his responsiblity to select persons from among the members of the State Legislature to assist and advise him as members of the Executive Council or the Supreme Council, as the case may be.
Brunei is in somewhat a different position and it is envisaged that until a new constitution is introduced and other arrangements made, the Menteri Besar, members of the State Legislature, as well as the Executive Council, will continue to be appointed in accordance with the present arrangements.
18 - Direct elections for future consideration:
It is accepted that these arrangements in the Borneo Territories must necessarily be temporary in nature and should not be allowed to continue indefinitely if these territories are to keep in step with the other states of Malaysia in their political advancement.
As soon as possible, consideration should be given to the desirability of introducing at the proper time the system of direct elections in respect of State and Federal representatives.
19 - Adequate representation in Parliament:
In regard to the question of representation in the Federal Parliament, the Committee is satisfied with the assurance that the Borneo Territories would be given adequate representation and that the universal democratic practice of giving weightage to representation for less densely populated areas would be adopted.
The present arrangement in the Federation of Malaya regarding the appointment and election of members of the Senate should be adopted for the new states of Malaysia.
20 - National Language:
The Committee accepts the view that the Federation of Malaysia should have a national language and places no objection to the adoption of the National Language of the present Federation of Malaya, Singapore and Brunei which is also the lingua franca of this region.
The Committee is aware that in the present Federation of Malaya Constitution it is provided that for ten years from Merdeka Day the English language may be used for official purposes. However, Parliament may also provide that the period be extended.
In any case this period of ten years is applicable to the Federation of Malaya and it is reasonable to expect that this period should only apply to the new states of the Federation of Malaysia with effect from the day Malaysia comes into being.
The Committee is satisfied with the assurance that this period would be extended if so desired and the acceptance of Malay as the national language would in no way prevent the use, teaching or learning of any other language now would it prejudice the right of any state of the Federation of Malaysia to preserve and sustain the use and study of other languages.
21 - Position of English:
English is an international language would maintain its place in Malaysia.
22 - English as medium of instruction:
It has been very much in the minds of the people of Sarawak and North Borneo that the acceptance of Malay as the national language might create problems relating to the policy of making English as the medium of instruction in schools.
There has been uncertainty of the role of English in schools in the Borneo territories. The Committee welcomes and accepts the explanation that the use of English as medium of instruction in schools will in no way conflict with the acceptance of Malay as the national language of Malaysia.
23 - Complete integration desirable:
The Committee has also noted that although the advancement of education is at different stages in different territories its development has been on similar lines whether in the Borneo Territories or in the Federation of Malaya.
As from 1962 free universal primary education is introduced in the Federation of Malaya and the school leaving age is 15. It is therefore hoped that the transitional period which will precede a complete integration of the educational system would be as short as possible so that the Borneo territories would quickly achieve parity in education with the other states in the Peninsula.
24 - Migration:
The Committee dealt very extensively with the question of immigration into the Borneo Territories.
While the concept that the Central Government should be responsible for immigration is acceptable in view of the excellent control and fortunately similar laws that exist today in the Borneo Territories, Singapore and Malaya, it is a matter of great apprehension to the delegations from the Borneo Territories that there might be free movements from Singapore and the Peninsula into the Borneo Teritories.
At the moment these territories are very sparsely populated and therefore may attract settlers from the overcrowded and densely populated areas of Singapore and the peninsula states.
The Borneo Territories are anxious to protect their lands, trade and employment from being taken up by people from other parts of Malaysia. They are also anxious to see that no undesirable elements from other parts of Malaysia are allowed entry into the Borneo Territories, and noted that there are now adequate security arrangements for this purpose.
25 - Safeguards desirable:
The Committee is not oblivious of the fact that if the future states of Borneo desire quick progress and development they will need to attract labour and technical men and these should be obtained at reasonable rates.
However, in fairness to the Borneo Territories the Committee feels that the territory concerned should be given an opportunity to determine the rate and scope of development it may wish to adopt, having taken into account the population problem such development may create and at the same time keeping in step with the general tenor and trend on the general development of the whole Federation of Malaysia in accordance with the national plan.
There are of course certain safeguards which are available to the states in view of their autonomy in matters of land, agriculture and the machinery of state government and control over local governments.
The adoption of certain policies in regard to these matters can have the effect of discouraging or even prevention the migration of people into these states. But the Borneo Territories will not be completely happy unless they are provided with constitutional safeguards.
26 - Control to be devised:
The Committee therefore welcomes the statement from the Prime Minister of the Federation of Malaya that he is extremely sympathetic with the view of the Borneo delegations in this matter.
The Committee is therefore satisfied with the assurance that there would be no unimpeded migration into the Borneo states from the other states of Malaysia and the constitutional provisions whereby such control will be affected can be devised by constitutional experts.
27 - Citizenship:
The Committee dealt with the question of citizenship at some length since this subject is of paramount importance to the peoples concerned.
The position is further complicated in that the people of the Borneo Territories, Singapore and the Federatiom of Malaya are governed by dinstinct and different citizenship and nationality laws.
The Committee has noted that with regard to Singapore there is already an understanding reached with the Government of the Federation of Malaya whereby on merger all Singapore citizens and Federation of Malaysia citizens, would automatically acquire Federation of Malaysia nationality and will, as nationals, have equal rights, carry the same passport, enjoy the same protection and be subject to equal duties and responsibilities under the Constitution of the Federation of Malaysia.
The Committee agrees with the view that there should be a single Malaysian nationality.
28 - Brunei subjects as citizens of Malaysia:
With regard to Brunei the Committee is satisfied with the proposal that a subject of His Highness the Sultan should automatically become a citizen of the Federation of Malaysia.
29 - Position of British subjects permanently resident in Sarawak and North Borneo:
In the case of North Borneo and Sarawak the Committee has accepted the formula that on the date on which the Federation of Malaysia comes into existence, every British subject born in either Sarawak or North Borneo or naturalised before that date will become a citizen of the Federation of Malaysia, provided he is permanently resident on that date 'in the territory in which he was born or naturalised or in one of the other territories of Malaysia.
30 - Person absent:
However, subject to paragraph 33, no person shall become a citizen of the Federation of Malaysia on the appointed day who has been absent from the territories comprising the Federation of Malaysia for a period of seven years upwards immediately prior to the appointed day.
31 - Position of British subjects not permanently resident:
A British subject born before that day in either Sarawak or North Borneo, whose father was himself born in the same territory or was a permanent resident of the territory concerned, will also be entitled to Federal citizenship.
The word "father" referred to means father by blood but not by adoption of a child.
32 - Permanent residence:
A suggestion was made that a person shall be deemed to be "permanently resident" in a territory who has completed a continuous period of 15 years residence in that territory.
This presumption would not of course exclude persons who have not completed the specificed period from establishing permanent residence.
The period, it is felt would be a matter for consideration by the Commission of Enquiry.
33 - Continuity of residence:
In calculating the period of residence periods of absence which are not inconsistent with essential continuity of residence should not be taken into account.
The Committee appreciates that the question of "Permanent residence" is a judicial matter and acknowledges the fact that in practice it is subject to a liberal interpretation which would prevent any miscarriage of justice in cases where a citizen lives abroad but maintains substantial connection with his home in the territory concerned.
34 - Citizenship by registration etc.:
The Committee is generally satisfied with the proposal that the provisions of the present Federal Constitution mutatis mutandis will apply after merger to citizenship by operation of law, registration or naturalisation.
Some transitional arrangements might be desirable in regard to citizenship by registration.
35 - Arrangement for persons born during Brooke and Chartered Company regimes:
The attention of the Committee was drawn to the fact that Sarawak became a colony only on July 1, 1946, while North Borne'o was transferred from the Chartered Company on July 15 in the same year.
Before those dates the people did not have the status of British subjects.
The Comittee therefore accepts the arrangement that a person who would have been a British subject if the territories in which he was born had been a British Colony, in the case of Sarawak from the commencement of the Brooke regime, or, in the case of North Borneo, from the date of the commencement of the Chartered Company regime, will be regarded as a British subject.
This formula would obviate any future difficulties relating to this very important and complex subject.
36 - Position of indigenous peoples:
It is acceptable to the Committee that on the creation of Malaysia the indigenous peoples of the Borneo Territories should be placed in the same position as the Malays under the present constitution of the Federation of Malaya.
They are the "founder citizens" and to place them in a position different from that of Malays from the constitutional point of view would only create anomalies.
The special provision in. the present Federation of Malaya Constitution relating to Malays should be extended to the indigenous peoples of the Borneo territories so that they would equally share whatever advantages might be derived therefrom.
These provisions relate to the reservation of such proportion as may be deemed reasonable of positions in the public service, scholarships and other similar educational or training programmes and special facilities relating to trade or business in order that they may be able to take thier rightful places along with the other communities.
37 - Legitimate inerests of others safeguard:
The Committee is satisfied with the guarantee in the existing constitution of the Federation of Malaya that the rights and legitimate interests of the other communities in the Federation of Malaysia will adequately be safeguard.
38 - State, Federal and concurrent lists applicable:
Having accepted the principle that all the Borneo Territories would join the Federation of Malaysia as states equal in status with the other existing states of the Federation, the Committee is cognizant of the arrangement that the State list, Federal list and Concurrent list of the present Federation of Malaya Constitution defining the present powers and responsibilities of the State and the Federal Governments will, subject to local autonomies and paragraph 41, be applicable in the new Federation of Malaysia.
There may of course be some administrative problems in the case of integration of services and such like matters but the Committee is confident that all those could be resolve by a joint working party of officials.
In this regard the Committee is of the view that nothing should be done so as to disrupt the machinery of government and reduce the efficiency of the services concerned.
39 - Assurance on Civil Service:
With regard to the public services in the Borneo Territories it is agreed that all state civil service appointments would be under the control of the respective State Governments.
In the case of federal services, the Committee welcomes the assurance given by the Prime Minister of the Federation of Malaya on January 6 at the Kuala Lumpur meeting of the Committee when he stated:
"I can also give a categorical assurance that there would be a progressive Borneanisation of the public services in the Borneo Territories and in addition the people of the Borneo Territories would have new opportunities to serve in high appointments in the Federal service. Of course, as I have declared before, nothing should be done to disrupt the present machinery of Government. Expatriate officers who are now serving the various territories would continue to do so until suitable local officers are found to take their places.”
40 - Service in Armed Forces:
The Committee also welcomes the Statement of the Prime Minister in the same speech that the local people of the Borneo Territories should participate in the defence of Malaysia.
"Their young men should be encouraged to enlist in the army, navy or the air force of the Federation of Malaysia and take a legitimate pride in being offiers and other ranks in such forces."
“Programmes will have to be arranged whereby those in schools who aspire to make the armed forces their career will be given suitable training either in our own military college or overseas."
"The warriors of the Borneo Territories should stand shoulder to shoulder with their compatriots in the peninsula in the protection of Malaysia.”
41 - Amendment safeguard:
In the course of its deliberations, the Committee referred to the fears entertained by some delegates that it would be possible for the Federal Government to amend the constitution and withdraw whatever powers it had agreed to give to the states.
The Committee is of the opinion that when an individual, state is given autonomy in respect of a particular matter which is not conceded to all states some from of safeguard will be desirable.
The assurance in this regard was most welcomed. The form such safeguard will take is a matter to be worked out by constitutional experts.
42 - Existing laws to continue until replaced:
With regard to the question of the validity of the exisiting laws in the Borneo Territories until replaced by Federal law, the Committee is satisfied with the explanation that subject to modifications, existing laws on Federal matters would continue until amended or repealed by Parliament.
Existing laws on state matters will continue until amended or replaced by the State legislature.
43 - Economic Aspects of Malaysia:
The Committee made a thorough study of the papers relating to the economic aspects of Malaysia which were tabled by the Federation delegation.
The Committee is adequately assured that the future economic and trade policy of the Federation of Malaysia would not deviate from those precepts which are admirably suited for the purpose of the common prosperity and welfare of the people of Malaysia.
44 - Allocation of development funds and scholarships:
Assurances on the allocation of development funds were most welcome. The Committee endorsed the principle - that the amount should not depend on the size of the state but on priorities, so that the less developed state would get a greater share of such-funds.
In regard to the Federal and Colombo Plan scholarships, candidates would be selected on a fair basis depending on merits.
State scholarships would remain purely a state matter.
Account will be taken in the allocation of Federal, Colombo Plan and other overseas scholarships and training facilities of the need to narrow the gap in educational and technical standards amongst people in various states.
WE, the members of the delegations to the Malaysia Solidarity Consultative Committee from Brunei, Sabah, Sarawak, Singapore and the Federation of Malaya, having completed our deliberations in Singapore this day do hereby attest this Memorandum:
Done at Singapore this third day of February, 1962.
CHAIRMAN: Mr D.A. Stephens;
Brunei Delegation (Observers)
Leader: Dato Setia Pengiran Ali bin Pengiran Haji Mohamed Daud;
Members:
Dato Setia Pengiran Haji Mohamed Yusuf; Haji Jamil bin P.U.K. Awang Haji Umar; Dato Temenggong Lim Cheng Choo; and Dato Abdul Aziz bin Haji Mohamed Zain.
Sabah Delegation:
Leader: O.K.K. Datu Mustapha bin Datu Harun;
Members:
Mr Pang Tet Tshung; O.K.K. G.S. Sundang; and Mr Lai En Kong.
Sarawak Delegation: Leader: Mr Yeo Cheng Hoe;
Members: Mr. Ong Kee Hui,
Temenggong Jugah anak Barieng, Pengarah Montegrai anak Tugang; Dato Abang Haji Openg; Mr Ling Beng Siew; and Mr James Wong.
Federation of Malaya Delegation:
Leader: Inche Mohamed Khir Johari;
Members: Inche Mohamed Ismail bin Mohamed Yusof; Mr V. Manickavasagam; Dr Burhanuddin bin Mohamed Noor; Mr Lee Siok Yew; Tuan Syed Esa bin Alwee; and Inche Abdul Ghani bin Ishak.
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