24 November 2009

The 20-point Malaysian Agreement For Sabah

LESS WE FORGET.....

Point 1: Religion

While there was no objection to Islam being the national religion of Malaysia, there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply in North Borneo.

Point 2: Language

(a) Malay should be the national language of the Federation.
(b) English should continue to be used for a period of ten years after Malaysia Day.
(c) English should be the official language of North Borneo for all purposes, State or Federal without limitation of time.

Point 3: Constitution

Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of free association of States and should not be a series of amendments to a constitution drafted and agreed by different States in totally different circumstances. A new Constitution for North Borneo was, of course, essential.

Point 4: Head of the Federation

The Head of State in North Borneo should not be eligible for election as Head of the Federation.

Point 5: Name of the Federation

"Malaysia" but not "Melayu Raya"

Point 6: Immigration

Control over immigration into any part of Malaysia from outside should rest with the Federation Government but entry into North Borneo should also require approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purposes except on strictly security grounds. North Borneo should have unfettered control over the movement of reasons, other than those in Federal Government employ, from other parts of Malaysia into North Borneo.


Point 7: Right of Secession

There should be no right to secede from the Federation.

Point 8: Borneanisation

Borneanisation of the public services should proceed as quickly as possible.

Point 9: British Officers

Every effort should be made to encourage British Officers to remain in the public services until their places can be taken by suitably qualified people from North Borneo.

Point 10: Citizenship

The recommendations in paragraph 148 (K) of the Report of the Cobbold commission should govern the citizenship rights of persons in the Federation of North Borneo subject to the following amendments.

(a) Subparagraph (1) should not contain the provision as to fie years residence.

(b) In order to tie up with our law, subparagraph (1a) should read 'seven out of ten years' instead of 'eight out of twelve years'.

(c) Subparagraph (III) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be a Federal citizen.

Point 11: Tariff and Finance

North Borneo should have control of its own finance, development funds and tariffs.

Point 12: Special Position of Indigenous Races

In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malaya formula is this regard is not necessarily applicable in North Borneo.

Point 13: State Government

(a) The Chief Minister should be elected by unofficial members of Legislative Council.
(b) There should be a proper Ministerial system in North Borneo.


Point 14: Transitional Period

This should be seven years and during such period legislative powers must be left with the State of North Borneo by the Constitution and not merely delegated to the State Government by the Federal Government.

Point 15: Education

The existing educational system of North Borneo should be maintained and for this reason it should be under State control.

Point 16: Constitutional Safeguards

No amendment, modification or withdrawal of any special safeguards granted to North Borneo should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo. The power of amending the Constitution of the State of North Borneo should belong exclusively to the people of the State.

Point 17: Representation in the Federal Parliament

This should take account not only of the population of North Borneo but also of its size and potentialities and in any case should not be less than that of Singapore.

Point 18: Name of Head of State

Yang Dipertua Negara

Point 19: Name of State

Sabah

Point 20: Land, Forests, Local Government, etc

The provisions in the Constitution of the Federation in respect of the power of the National Land Council should not apply in North Borneo. Likewise, the National Council for the Local Government should not apply in North Borneo.