Federation of Malaya

“ In a series of meetings in London this week British and Malayan Ministers examined the proposal to create a 'Federation of Malaysia' which would embrace the Federation of Malaya, Singapore, North Borneo, Sarawak and Brunei. ”

“ So a person residing in a Malay State may be a citizen of the United Kingdom and Colonies though his ancestral connection with British territory is remote. For example, if the paternal great grandfather of a Malay was born in one of the Settlements and migrated say in 1880 to a State then under British protection then his sons, grandsons and great grandsons have become British subjects by birth, and those alive in 1949 or born since 1948 have all become citizens of the United Kingdom and Colonies. ”

“ We agree that the needs of the interim period are to maintain the force at a high level of operational efficiency, particularly for the rest of the Emergency; to prepare the way for a smooth run-down of the force to normal proportions thereafter; to establish a system of administration (especially on the personnel side) suitable for continuance into the stage of full self-government and independence within the Commonwealth; and to allow due scope for a policy of Malayanisation without damage to the efficiency and morale of the force as a whole. ”

“ In most of the states there are extensive Malay reservations of land and the system of reserving land for Malays has been in action for many years. In every state the Ruler-in-Council has the power to permit a non-Malay to acquire a piece of land in a Malay reservation but the power is not used very freely. ”

“ In the old Unfederated States the law is not uniform. The Federation has the power to legislate on land matters to the extent of ensuring common policy and a common system of administration, due regard being paid to customary tenure and usage and other necessary variations in any State or Settlement. We understand that during the years 1948 to 1952 there was considerable discussion as to whether land legislation should be effected by the States and Settlements or whether, under Head 101 of the Second Schedule to the Agreement, it should be by the Federal Legislative Council ”

“ Malaysia and North Borneo
10. The Ministers reaffirmed their countries' adherence to the principle of self-determination for the peoples of non-self-governing territories. In this context, Indonesia and the Philippines stated that they would welcome the formation of Malaysia provided the support of the people of the Borneo territories is ascertained by an independent and impartial authority, the Secretary-General of the United Nations or his representative. ”

“ In our judgement land must remain a State subject and we so recommend. We think that it would be neither practicable nor desirable to transfer the general administration of land to the Federation, and moreover the States could have no real autonomy if they were deprived of their right to deal with their land. We found general agreement that land should remain a State subject, but we are convinced by many representations and by our own investigations that in many respects the present position is not satisfactory. ”

“ We must start from the present position as we find it, taking account not only of the history and tradition of Malaya but also of existing social and economic conditions. Much that is good has already been achieved and we would not seek to undo what has been done. But many existing arrangements are inappropriate for a self-governing and independent country, and, in recommending the form which the necessary political and administrative changes should take, we have borne in mind that the new provisions must be both practicable in existing circumstances and fair to all sections of the community. ”

“ We recommend that all those born in the Federation on or after Merdeka Day should be citizens by operation of law. We received many representations that the principle which has come to be known generally in Malaya as jus soli should be given retrospective effect. We are not satisfied that it is entirely possible or desirable to provide that all those who were born in Malaya, whatever be the date of their birth wherever they may be now, and whatever be the present nationality, should be retrospectively made citizens of the Federation by operation of law. ”

“ The Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn. But, with the integration of the various communities into a common nationality which we trust will gradually come about, the need for these preferences will gradually disappear. ”

“ They consider that for each of the nine Rulers to have subjects of his own would not conform to the principle of a common citizenship, the preservation of which is imperative if Malaya is to have a united people. ”

“ Sometimes the land has been declared to be reserved, but often nothing formal has been done and the Federation merely holds the land by informal licence from the State. In some cases existing buildings on the land were built by the State before the land came into the possession of the Federation, but in most cases buildings and other improvements have been erected by the Federation after the land came into its possession, Where the land was in the possession of the State when it was handed over, generally no payment was made by the Federation to the State ”

“ The Governors of Sabah, Sarawak and Singapore shall be members of the Conference of Rulers except for those purposes for which the Governors of Malacca and Penang are not members, and accordingly in the Fifth Schedule to the Constitution, in sections 1 and 7, for the words "Malacca and Penang" there shall, in each case, be substituted the words "States not having a Ruler". Religious functions.. ”