The 20-point agreement, or the 20-point memorandum by North Borneo (now Sabah and Labuan)

The 20-point agreement, or the 20-point memorandum, is a list of 20 points drawn up by North Borneo (now Sabah and Labuan), proposing terms for its incorporation into the new federation as the State of Sabah, during negotiations prior to the formation of Malaysia. 

In the Malaysia Bill of the Malaysia Agreement some of the twenty points were incorporated, to varying degrees, into what became the Constitution of Malaysia; others were merely accepted orally, thus not gaining legal status.

 The 20-point agreement often serves as a focal point amongst those who argue that Sabah's rights within the Federation have been eroded over time.^[1]

Under an agreement signed between Great Britain and the Federation of Malaya the issue of self-determination with respect to the peoples of North Borneo and Sarawak formed a challenge to the formation of the Federation of Malaysia. A Joint Statement issued by the British and Malayan Federal Governments on 23 November 1961 announced that before coming to any final decision it was necessary to ascertain the views of the peoples of North Borneo and Sarawak. It was decided to set up a Commission to carry out that task and to make recommendations.

The British Government, working with the Federation of Malaya Government, appointed a Commission of Enquiry for North Borneo and Sarawak in January 1962 to determine if the people supported the proposal to create a Federation of Malaysia. 

The five-man team, which comprised two Malayans and three British representatives, was headed by 

Lord Cameron Cobbold.^[2] An inter-governmental committee (The Lansdowne Committee) was appointed to work out the final details of the Malaysia Agreement.

 Lord Lansdowne served for Britain and 

Tun Abdul Razak, Deputy Prime Minister of the Federation of Malaya served for Malaya.^[3]

The 20 points were written with a view to safeguarding the interests, rights, and autonomy of the people of Sabah upon the formation of the federation of Malaysia. 

A similar proposal, with certain differences in content, was made by Sarawak, and is commonly referred to as the 18-point agreement.

Attention is often drawn to these memoranda by those who believe that their principles were not subsequently adhered to after federation. There have been numerous calls for the 20-point memorandum to be reviewed so as to take into account social, economic, and political changes over time.^[4]

Brief timeline of related events[edit]

The Report of the Inter-Governmental Committee. On 1 August 1962

• 17 January 1962: The Commission of Enquiry (Cobbold Commission) was announced to observe the views of the people of Singapore, Sarawak, Brunei and North Borneo.

• 21 March 1962: At a meeting of the Greater Malaysia Committee there was agreement that it would be preferable to wait for the Cobbold Commission, which had been tasked with assessment of support for the proposal in North Borneo and Sarawak, to complete its report, in order to consider its findings before a decision was made on the federation of Malaysia.

• 21 June 1962: The Cobbold Report was completed and submitted to the prime ministers of Britain and Malaya (confidentially). 
• The report concluded that one third fully supported the idea, one third were in favour provided that safeguards were included, and the remaining one third were divided between those who would prefer North Borneo and Sarawak to gain independence prior to the merger and those who rejected the merger outright.
•  The Commission's view was - firm support for a federated Malaysia (with transfer of sovereignty within twelve months), incorporating a transitional arrangement in which the British would remain for the first few years.^[5]
• 
  

• 31 July 1962: The British and Malayan governments decided in principle that the proposed Federation of Malaysia should be brought into being by 31 August 1963. An Inter-Governmental Committee (IGC) was to be formed to work on future constitutional arrangements.^[6]
• 
  

• August 1962: The Report was published to all parties. Reportedly, this came as a surprise to North Borneo.
• 
  

• 13 – 14 August 1962: Donald Stephens convened a meeting of political leaders who drew up a 14-point (later 20-point) memorandum of minimum demands. This gained support from Sarawak.^[7]
• 
  

• 12 & 26 September 1962 (respectively): North Borneo and Sarawak legislative council agreed to the formation of Malaysia on condition that state rights were safeguarded.^[7]

The 20 points[edit]

Point 1: Religion[edit]

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 to North Borneo.^[7][8]

Point 2: Language[edit]

• a. Malay should be the national language of the Federation
• b. English should continue to be used for a period of 10 years after Malaysia Day
• c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time.^[7][8]

Point 3: Constitution[edit]

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 a 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. .^[7][8]

Point 4: Head of Federation[edit]

The Head of State in North Borneo should not be eligible for election as Head of the Federation.^[8]

Point 5: Name of Federation[edit]

“Malaysia” but not “Melayu Raya”^[8]

Point 6: Immigration[edit]

Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into North Borneo should also require the 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 movements of persons other than those in Federal Government employ from other parts of Malaysia into North Borneo.^[7][8]

Point 7: Right of Secession[edit]

There should be no right to secede from the Federation.^[8][9]

Point 8: Borneanisation[edit]

Borneanisation of the public service should proceed as quickly as possible.^[8][9]

Point 9: British Officers[edit]

Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from North Borneo.^[8][9]

Point 10: Citizenship[edit]

The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo subject to the following amendments:

• a) sub-paragraph (i) should not contain the proviso as to five years residence
• b) in order to tie up with our law, sub-paragraph (ii)(a) should read “7 out of 10 years” instead of “8 out of 10 years”
• c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be federal citizen.^[8][9]

Point 11: Tariffs and Finance[edit]

North Borneo should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.^[8][9]

Point 12: Special position of indigenous races[edit]

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 in this regard is not necessarily applicable in North Borneo.^[8][9]

Point 13: State Government[edit]

• a) the Prime Minister should be elected by unofficial members of Legislative Council
• b) There should be a proper Ministerial system in North Borneo.^[8][9]

Point 14: Transitional period[edit]

This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government.^[8][9]

Point 15: Education[edit]

The existing educational system of North Borneo should be maintained and for this reason it should be under state control.^[8][9]

Point 16: Constitutional safeguards[edit]

No amendment modification or withdrawal of any special safeguard 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 in the state.^[8][9] (Note: The United Party, The Democratic Party and the Pasok Momogun Party considered that a three-fourth majority would be required in order to effect any amendment to the Federal and State Constitutions whereas the UNKO and USNO considered a two-thirds majority would be sufficient.)

Point 17: Representation in Federal Parliament[edit]

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.^[8][9]

Point 18: Name of Head of State[edit]

Yang di-Pertua Negara.^[8][9]

Point 19: Name of State[edit]

Sabah.^[8][9]

Point 20: Land, Forests, Local Government, etc.[edit]

The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise, the National Council for Local Government should not apply in North Borneo.^[8][9]

Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Malay

< Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore AGREEMENT RELATING TO MALAYSIA by Government of United Kingdom of Great Britain and Northern Ireland, Government of Federation of Malaya, Government of North Borneo, Government of Sarawak and Government of Singapore

related portals: Bilateral documents.  Information about this edition

(MALAY TEXT - TEXT MALAIS)

     United Kingdom of Great Britain dan Northern Ireland, Persekutuan Tanah Melayu, Borneo Utara, Sarawak dan Singapura;

     Oleh kerana hendak membuat suatu perjanjian berkenaan dengan Malaysia;

     Bersetuju saperti di·bawah ini:

Perkara I

     Tanah2 Jajahan Borneo Utara dan Sarawak dan Negeri Singapura hendak-lah di-sekutukan dengan Negeri2 Persekutuan Tanah Melayu yang ada sekarang sa-bagai Negeri Sabah, Negeri Sarawak dan Negeri Singapura mengikut surat2 perlembagaan yang di-kembarkan kapada Perjanjian ini dan Persekutuan itu kemudian daripada itu hendak-lah di-namakan « Malaysia ».

Perkara II

     Kerajaan Persekutuan Tanah Melayu akan mengambil Iangkah2 yang sesuai dan yang terbuka kapada-nya menentukan bahawa Parlimen Persekutuan Tanah Melayu akan meluluskan suatu Undang2 mengikut chara yang di-tetapkan dalam Kembaran A kapada Perjanjian ini, dan behawa Undang2 itu di-jalankan kuat kuasa-nya pada 31 haribulan Ogos, 1963 (dan tarikh Undang2 tersebut di-jalankan kuat kuasa-nya itu sa-lepas ini di-gelar « Hari Malaysia »).

Perkara III

     Kerajaan United Kingdom akan menyembahkan ka-bawah Duli Yang Maha Mulia Baginda Queen sa-belum Hari Malaysia Perentah2 dalam Majlis Meshuarat bagi maksud menguat kuasakan Undang2 Tuboh Kerajaan Negeri2 Sabah, Sarawak dan Singapura sa-bagai Negeri2 di-dalam Malaysia saperti yang di-tetapkan dalam Kembaran2 B, C dan D kapada Perjanjian ini.

Perkara IV

     Kerajaan United Kingdom akan mengambil Iangkah2 yang sesuai dan yang terbuka kapada-nya menentukan bahawa Parlimen United Kingdom akan meluluskan suatu Undang2 supaya mulai daripada Hari Malaysia kedaulatan dan kuasa Duli Yang Maha Mulia Baginda Queen berthabit Negeri Borneo Utara, Sarawak dan Singapura di-mansohkan, dan kedaulatan serta apa2 kuasa tersebut hendak-lah di-serahkan mengikut Perjanjian ini dan surat2 perlembagaan yang di-kembarkan kapada Perjanjian ini.

Perkara V

     Kerajaan Persekutuan Tanah Melayu akan mengambil Iangkah2 yang sesuai dan yang terbuka kapada-nya supaya menentukan sa-belum Hari Malaysia bahawa Parlimen Persekutuan Tanah Melayu akan meluluskan suatu Undang2 mengikut chara yang di-tetapkan dalam Kembaran E kapada Perjanjian ini bagi maksud meluas dan menyesuaikan Undang2 Imigeresen Tahun 1959, Persekutuan Tanah Melayu, ka-Malaysia dan menambah isi2 kandongan berkenaan dengan masok ka-Negeri2 Sabah dan Sarawak; dan isi2 kandongan yang lain dalam Perjanjian ini hendak-lah bergantong kapada Undang2 tersebut itu diluluskan.

Perkara VI

     Perjanjian berkenaan dengan Pertahanan Luar Negeri dan Bantuan Bersama antara Kerajaan United Kingdom dengan Kerajaan Persekutuan Tanah Melayu yang bertarikh 12 haribulan Oktober, 1957, dan kembaran2-nya hendak-lah berkuat kuasa di-semua wilayah Malaysia, dan apa2 sebutan dalam Perjanjian itu kapada Persekutuan Tanah Melayu hendak-lah disifatkan sa-bagai sebutan kapada Malaysia, terta'alok kapada sharat behawa Kerajaan Malaysia akan memberi kapada Kerajaan United Kingdom hak menggunakan lagi pengkalan2 dan Iain2 kemudahan yang pada masa ini di-gunakan oleh pehak2 berkuasa Tentera-nya dalam Negeri Singapura dan akan membenarkan Kerajaan United Kingdom menggunakan pengkalan2 dan kemudahan2 itu sa-bagaimana yang di-fikirkan mustahak oleh Kerajaan itu bagi maksud membantu dalam usaha mempertahankan Malaysia dan bagi pertahanan Commonwealth dan bagi memelihara keamanan di-Asia Tenggara. Perlaksanaan Perjanjian tersebut hendak-lah terta'alok kapada isi2 kandongan Kembaran F kapada Perjanjian ini (terutama-nya berkenaan dengan tanah2 tentera di-Singapura).

Perkara VII

     (1) Persekutuan Tanah Melayu bersetuju bahawa Duli Yang Maha Mulia Baginda Queen boleh sa-belum Hari Malaysia membuat Perentah2 Dalam Majlis Meshuarat mengikut chara yang di-tetapkan dalam Kembaran G kapada Perjanjian ini bagi maksud membuat peratoran bayaran2 sagu hati dan faedah2 masa bersara kapada sa-tengah2 pegawai seberang laut yang berkhidmat, sa-belum sahaja Hari Malaysia, dalam perkhidmatan 'awam Tanah Jajahan Borneo Utara atau Tanah Jajahan Sarawak.

     (2) Pada Hari Malaysia atau sa-berapa segera-nya Perjanjian2 Pegawai2 Kerajaan mengikut chara yang di-tetapkan dalam Kembaran2 H dan I kapada Perjanjian ini hendak-lah di-tanda tangani bagi pehak Kerajaan United Kingdom dan Kerajaan Malaysia; dan Kerajaan Malaysia hendaklah meminta persertaan Kerajaan Negeri Sabah, Sarawak atau Negeri Singapura, berkenaan dengan Kerajaan Malaysia menanda tangani Perjanjian itu sa-takat mana sharat2 Perjanjian itu mengenai tanggong-jawab2 atau kepentingan2 Kerajaan Negeri itu.

Perkara VIII

     Kerajaan Persekutuan Tanah Melayu, Kerajaan Born o Utara dan Kerajaan Sarawak akan mengambil tindakan membuat Undang2, menjalankan kuasa atau Iain2 tindakan yang mustahak bagi melaksanakan jaminan2, pengakuan2 dan shor2 yang terkandong dalam Bab III dan Kembaran2 A dan B kapada Penyata Jawatan Kuasa Antara Kerajaan yang di-tanda tangani pada 27 haribulan Februari Tahun 1963, sa-takat mana jaminan2, pengakuan2 dan shor2 itu tiada di-laksanakan dengan isi2 kandongan yang tertentu dalam Perlembagaan Malaysia.

Perkara IX

     Isi2 kandongan Kembaran J kapada Perjanjian ini berthabit pasaran bersama dan peratoran kewangan hendak-lah menjadi Perjanjian antara Kerajaan Persekutuan Tanah Melayu dan Kerajaan Singapura.

Perkara X

     Kerajaan Persekutuan Tanah Melayu dan Kerajaan Singapura akan mengambil tindakan membuat Undang2 menjalankan kuasa atau Iain2 tindakan yang mustahak bagi melaksanakan atoran2 berkenaan dengan siaran radio dan television yang di-tetapkan dalam Kembaran K kapada Perjanjian ini sa-takat mana atoran2 itu tiada di-laksanakan dengan isi2 kandongan yang tertentu dalam Perlembagaan Malaysia.

Perkara XI

     Perjanjian ini hendak-lah di-tanda tangani dalam bahasa Inggeris dan bahasa Melayu kechuali Kembaran2-nya ada-lah di-dalam bahasa Inggeris sahaja. Jika ada persalahan faham maka naskhah bahasa Inggeris hendak-lah di-gunakan. 



     BAGI MENYAKSIKAN Perjanjian ini, yang menanda tangan di-bawah ini dengan mendapat kuasa berbuat demikian, telah menanda tangan Perjanjian ini.

     DI-PERBUAT di-London pada sembilan haribulan July, tahun 1963 sabanyak lima naskhah, satu naskhah daripada-nya hendak-lah di-simpan oleh tiap2 Pehak yang membuat Perjanjian ini.

Bagi pehak United Kingdom:
         [HAROLD MACMILLAN] ^[1]
         DUNCAN SANDYS
         [LANSDOWNE]

Bagi pehak Persekutuan Tanah Melayu:
         [T. A. RAHMAN]
         [ABDUL RAZAK]
         [TAN SIEW SIN]
         [V. T. SAMBANTHAN]
         [ONG YOHE LIN]
         [S. A. LIM]

Bagi pehak Borneo Utara:
         [DATU MUSTAPHA BIN DATU HARUN]
         [D. A. STEPHENS]
         [W. K. H. JONES]
         [KHOO SIAK CHIEW]
         W. S. HOLLEY

         G. S. SUNDANG

Bagi pehak Sarawak:
         [P. E. H. PIKE]
         [T. JUGAH]
         [ABANG HAJI MUSTAPHA]
         LING BENG SIEW
         [ABANG HAJI OPENG]

Bagi pehak Singapura:
         [LEE KUAN YEW]
         [GOH KENG SWEE]

Cabinet Memorandum. Policy in regard to Malaya and Borneo. Memorandum by the Secretary of State for the Colonies. 

29 August 1945

SECRET

C.P.(45)133 

29th August, 1945

CABINET

POLICY IN REGARD TO MALAYA AND BORNEO.

MEMORANDUM BY THE SECRETARY OF STATE FOR THE COLONIES.

  AT their meeting on the 31st May, 1944,^[1] the War Cabinet gave provisional approval to certain proposals regarding the future policy of His Majesty's Government in Malaya and Borneo. These proposals had been formulated by a Ministerial Committee appointed for the purpose, and the Committee's report was circulated to the War Cabinet on the 1.8th May, 1944, under the number W.P. (44) 258. A copy of the report forms the Annex to this paper.

2. As regards Malaya, the Committee expressed the view that the restoration of the pre-war constitutional and administrative system would be undesirable in the interests of efficiency and security, and of our declared purpose of promoting self-government in Colonial territories. The Committee went on to point out that His Majesty has at present no jurisdiction in the Malay States, and that his relations with the States rest upon treaties with the individual Rulers, under which the Rulers remain nominally independent, though bound to accept British advice on all matters except Mohammedan religion and Malay custom. As a necessary preliminary to all further changes in Malaya, the Committee recommended that fresh Treaties should be made with each of the Rulers, under which such jurisdiction would be ceded to His Majesty as would enable him to legislate for the States under the Foreign Jurisdiction Act. Thereafter an Order-in-Council would be made which would provide for the future central and local government of the country. There would be established a Malayan Union with a central legislature; a Malayan Union Citizenship would also be created, which would not be confined to the Malays, but would be open to persons of whatever race, who may have been born in the country or who have genuinely adopted Malaya as their home. Thus the existing racial and parochial barriers would be broken down.

3. The Committee went on to recommend that the British Settlements of Penang and Malacca (at present part of the Colony of the Straits Settlements) should be incorporated in the Malayan Union, but that Singapore should for the time being (and without prejudice to the possibility of later amalgamation with the Malayan Union) be administered as a separate Colony under a separate Governor. Finally, the Committee envisaged that there should be appointed a " Governor-General," who would reside at Singapore and who would have the power of control not only over the Governor of the Malayan Union and the Governor of Singapore, but also over British Representatives in Borneo.

4. War Cabinet approval for these proposals was only given provisionally and for planning purposes. Plans have now been proceeding on this basis for over a year, and Sir Harold MacMichael, until recently High Commissioner for Palestine, has been provisionally selected as the special Representative of Flis Majesty's Government who "will go out to Malaya to conclude the new Treaties with the Malay Rulers. Sir Harold has already paid a preliminary visit to India and S.E.A.C., and has thoroughly acquainted himself with the whole subject.

5. It has been strongly represented to me by Admiral Mountbatten that a proper reception of His Majesty's Governments policy in Malaya and elsewhere depends upon its timely publication in advance. I find much force in Admiral Mountbatten's arguments, but I am not in a position to make any recommendation as to publication or policy so long as the proposed policy has merely received the provisional approval of the Cabinet, and that only for the confidential guidance of planners.

6. I am aware that we cannot fully gauge the temper of the people in Malaya until our return has been actually effected, and that a final decision on all the details of our future policy is therefore not yet possible. I am convinced, however, that the initial step of negotiating new Treaties with the Malay Rulers must be taken as soon as possible, and that any delay on this cardinal point, particularly if it were to involve a return to the state of affairs existing before the Japanese occupation of Malaya, might result in the loss of a unique opportunity for setting the territory on the road to political progress.

7.  Accordingly I now seek the definite confirmation by my colleagues of the policy outlined above, and approval for Sir Harold MacMichael's appointment. consider it essential that he should depart for the Far East in the very near future. If the policy is now confirmed, I shall make a separate recommendation as soon as possible regarding the question of publicity.

8. As regards Borneo, the Ministerial Committee, as in the case of Malaya, reached the conclusion that the restoration of the pre-war constitutional and administrative system in the four territories involved would be undesirable in the interests of security, and of our declared purpose of promoting social, economic and political progress in Colonial territories. The territories in question are the State of North Borneo, at present (as regards its internal affairs) under the independent administration of the British North Borneo (Chartered) Company, the small Island of Labuan, at present administered as one of the Straits Settlements, the State of Brunei, which is ruled by a Malay Sultan on the same lines as the nine States in the Malay Peninsula, and Sarawak, which (as regards its internal affairs) is under the control of an independent white Rajah of British nationality (Sir Vyner Brooke). The Committee recommended the direct assumption by His Majesty's Government of responsibility for administration in North Borneo, the integration of Labuan with North Borneo and the cession to His Majesty of full jurisdiction in Brunei and Sarawak. In the case of Sarawak, the Committee recommended that the new Treaty providing for this cession of jurisdiction should also secure the acceptance by the Rajah of a Resident British Adviser, whose advice must be sought and acted upon in all substantial matters of policy and administration. (The present Treaty with Brunei already provides for a Resident British Adviser).

9. In approving the above recommendations of the Committee, the War Cabinet authorised my predecessor to open confidential negotiations with the British North Borneo (Chartered) Company for the transfer of their sovereign and administrative rights over North Borneo to His Majesty's Government. No financial commitment, however, was to be entered into without further authorisation. The War Cabinet also authorised my predecessor to open confidential discussions with the Rajah of Sarawak.

10. Discussions with the North Borneo Company have in fact been proceeding since that date, but I am not at present asking for a Cabinet decision, since I am awaiting from the Company's Representatives an expression of their view on the terms upon which a settlement by arbitration might be based.

11. As regards Sarawak, the Rajah has shown considerable reluctance to enter into any discussions with His Majesty's Government with a view to concluding a fresh Agreement. After many delays, he represented that, owing to the impossibility of consulting his people, he was not in a position to enter into a new engagement. My predecessor agreed, therefore, that discussions should be for the purpose of coming to an understanding on the terms of a new Agreement which, when the time came, the Rajah would be prepared to recommend for acceptance and which would be implemented in accordance with the appropriate procedure of the Sarawak Government. The Rajah, however, was still hesitant and by October last progress had only reached the point of securing his consent to consider a note of His Majesty's Governments proposals.

12. In November, however, the Rajah decided to reinstate his nephew, Mr. Anthony Brooke, as Rajah Muda (a step which can be taken to mean that he must be regarded as heir-presumptive), and suggested that he should take part in the proposed discussions, which eventually began in March.

13. The Rajah Muda and the two other members of the Sarawak Commission nominated by the Rajah to represent him have shown themselves opposed I to the proposals which have been made to them on the basis of the decision of the I War Cabinet and since the fourth meeting, which was held on the 10th May, a state of stalemate has existed, while the Sarawak Government consult their; legal adviser on His Majesty's Government's definition of the international position of Sarawak. My predecessor, therefore, wrote to the Rajah in July I requesting that active consideration should be given to the measures which were necessary on the Sarawak side for the resumption of discussions. The Rajah replied that the Rajah Muda was now administering the Government and that in accordance with the terms of the Sarawak Constitution, Colonel Stanley's letter had been passed to him for action. Nothing further has been heard from the Sarawak side.

14. The Rajah Muda and members of the Sarawak Government have from time to time expressed the wish that Civil Government in Sarawak should be restored as soon as possible, and that the Rajah Muda, as a member of the Brooke family administering the Government, should be allowed to return to the country during the period of military administration.

15.  I propose that I should now be authorised to tell the Rajah that the relations with His Majesty's Government are governed by the Agreements of 1888 and 1941, and that so long as he remains Rajah His Majesty's Government cannot recognise any claim on his part to devolve his powers and prerogatives as Rajah on to an "Officer Administering the Government" or any other person. In this connection it is to be observed that Section 18(ii) of the Order of 1941 (providing for the future government of Sarawak) which enacts that "In the event of the Rajah having occasion to leave the State or to be temporarily absent from the seat of Government the Rajah in Council may appoint an officer to I administer the Government and such officer shall forthwith assume all the powers and prerogatives of the Rajah (subject to the provisions of this Order)" —has local application only, and does not apply to the present position where the Rajah is in this country and capable of negotiating with His Majesty's Government.

16. I should further propose to say that His Majesty's Government look to the Rajah to ensure that an agreement satisfactory to His Majesty's Government is reached within a period of two months and that, failing the conclusion of such an agreement within that time, it will be necessary for His Majesty's Government to consider what course they must take to ensure that they are in a position and have the necessary authority in the internal as well as the external policies of the Sarawak administration to carry out the responsibility for the territory which they bear to the British Parliament and in the international field. I should like to have authority to add that there can be no question of the Rajah or his Government being permitted to return to Sarawak until such arrangements as are satisfactory to His Majesty's Government have been made.

17. The proposed future changes in the status of Labuan and Brunei are of comparatively minor importance, and need, I think, present no difficulties. I should, nevertheless, be- grateful if my colleagues could now give their final approval to the proposals as regards these territories which were considered by the War Cabinet on the 31st May last year.

18. To sum up, I request the approval of my colleagues for the following measures :—

(a) the definite confirmation of the policy as regards Malaya which is described in paragraphs 2 and 3 above;' the first step towards the implementation of this policy being the definitive appointment of Sir Harold MacMichael and his visit to Malaya to conclude new treaties with the Rulers of the several States;

(b) a communication to the Rajah of Sarawak in the sense indicated in paragraphs 15 and 16 above;

(c) the proposed changes in the administration of Labuan and in the matter of His Majesty's jurisdiction in Brunei.

G. H. H.

Colonial Office, Downing Street,

 29th August, 1945.

ANNEX.
REPORT OF THE COMMITTEE.

  WE were appointed by the War Cabinet at its meeting on the 6th January (W.M. (44) 2nd Conclusions) to consider the question of the constitutional policies to be followed in Malaya and in the British territories in Borneo on their liberation, and to recommend a directive on which the authorities responsible for planning the Civil Administration of these territories after liberation can work.

 The composition of the Committee was as follows :—

The Lord President of the Council (Chairman).

The Secretary of State for Dominion Affairs.

The Secretary of State for India.

The Secretary of State for the Colonies.

The Secretary of State for War.

The Attorney-General.

The Parliamentary Under-Secretary of State for Foreign Affairs.

 2. Malaya.—A directive on the probable lines of future policy is indispensable for those who have the duty of planning the Civil Affairs policies and as a basis for the directive to be issued in due course on these matters to the Supreme Allied Commander, S.E.A.C.; and, on the understanding that no publicity is given to the policies contained therein, we are in agreement on the terms of the directive for this purpose, which form Appendix I to this report.

 3. Borneo.-The four British territories concerned (North Borneo, Sarawak, Labuan and Brunei) are at present in a United States sphere of command, the S.W. Pacific. His Majesty's Government are entitled, under the terms of the Charter of the Combined Civil Affairs Committee, to provide the American Commander with directives on Civil Affairs policies in these British territories, and a directive on Civil Affairs will need to be framed at the appropriate time for issue to him. But it is not our function to examine the form in which any such directive for that purpose will need to be framed. We have concerned ourselves only with a directive on which the British planning staff should work. For this limited purpose we have agreed upon a directive in the terms of Appendix I I to this report.

 4. It will be noted that the Borneo directive proposes the acquisition by His Majesty's Government from the British North Borneo (Chartered) Company of its sovereign and administrative rights in North Borneo. We are of opinion that confidential discussion for this purpose should be opened with the Court of Directors of the Chartered Company, though we recognise that in the present uncertain position as to the value of the Chartered Company's assets in the Far East it would be premature to reach any agreement on the financial terms on which such a settlement could be reached.

 5. In the case of the Borneo directive, as in that of the Malayan, there is no question of any publicity being given to the policies beyond the confidential discussions which will be involved with the Chartered Company and the Rajah of Sarawak.

 6. To sum up, we accordingly recommend, with the proviso that no publicity for these policies is involved, that the Secretary of State for the Colonies be authorised—

(a) To issue the directive at Appendix I to the authorities responsible for planning for the Civil Administration of Malaya on liberation;

(b) To issue the directive at Appendix I I to the British officials at present planning for Civil Administration in British Borneo after liberation;

(c) To Open confidential discussions with the Court of Directors of the British North Borneo (Chartered) Company with a view to coming to an understanding -(without at this stage any financial commitment) as to the conditions on which the administration of North Borneo would be transferred from the Company's responsibility and control to that of His Majesty's Government; and

(d) To open confidential discussions, with the Rajah of Sarawak, who is at present residing in this country, with a view to the preparation of a new Agreement on the lines proposed in paragraph 3 (c) of Appendix I I attached.

(On behalf of the Committee),

(Signed) C. R. ATTLEE.

Offices of the War Cabinet, S.W. 1,

 18th May, 1944.

A P P E N D I X I.

DRAFT DIRECTIVE ON POLICY- IN MALAYA.

  1. The restoration of the pre-war constitutional and administrative system will be undesirable in the interests of efficiency and security and of our declared purpose of promoting self-government in Colonial territories. The first of these interests requires a closer union of the territories comprising the relatively small area of the Malay Peninsula; and the second requires that self-government should not merely develop towards a system of autocratic rule by the Malay Rulers but should provide for a growing participation in the Government by the people of all the communities in Malaya, subject to a special recognition of the political, economic and social interests of the Malay race.

  2. On general grounds, and more particularly in order that His Majesty's Government may be in a better position to ensure the development of the country on the lines indicated above, it is necessary that the old position in which His Majesty had no jurisdiction in the Malay States should be remedied and that it should be possible to legislate for those States under the Foreign Jurisdiction Act. Immediately on the reoccupation of Malaya, direct authority will be exercised by the Military Commander, who will carry with him sufficient authority to enable him to exercise such direct powers and control over the territory as will be necessary during the period of military administration. This military authority will, however, not enable His Majesty to legislate for the Malay States under the Foreign Jurisdiction Act and, moreover, the jurisdiction of the Military Commander will not persist when the military administration gives way to a permanent civil administration.

  3. In considering the proper way to achieve these objects, it is necessary, on the one hand, to make certain basic assumptions and, on the other hand, to be prepared to meet a situation when the liberation of Malaya has been effected, on which those assumptions may be found to be wrong or incomplete and in consequence the prepared plans may have to be varied. The future position and status of the Malay Rulers in particular cannot finally be judged before liberation when it will be possible to assess not only their individual records but also and especially the attitude of the people of Malaya to the advantages or otherwise of maintaining the Sultanates as institutions in the several States. For the present we have no reason for any other assumption than that the Sultanates as an institution will continue to enjoy the loyalty and traditional respect of the Malays.

  4. On that assumption, it is considered that the proper way to achieve our purpose will be to make fresh treaties with the Rulers under which such jurisdiction would be ceded to His Majesty as would enable him to legislate for the States under the Foreign Jurisdiction Act, A fresh Treaty with each Ruler should for this single purpose be concluded on behalf of His Majesty as soon as feasible after reoccupation. The actual signatory of such Treaties on behalf of His Majesty would appropriately be the G.O.C., but the negotiations would be carried on under instructions from the Secretary of State for the Colonies by Civil Affairs Officers or special representatives of His Majesty's Government, subject always to the proviso that the actual time for opening negotiations with the Rulers must be governed by Military exigencies and left to the discretion of the Military Commander.

 5. The acquisition of this Jurisdiction by His Majesty will enable an Order-in-Council to be made to provide for the future central and. local governrnent of the country. This jurisdiction will render unnecessary any further dependence on Treaties with Rulers in any future revision of the constitutional arrangements.

  6. The new constitutional arrangements for Malaya should provide for the special treatment of the port and Island of Singapore, in the early stages at any rate, in view of its distinctive characteristics in the Malayan picture.

  7. The rest of the peninsula, including the British Settlements of Penang and Malacca, should be constituted a Malayan Union. For the Malayan Union a constitution should be devised which would provide for a single united authority representing the States and the Settlements, subject to the jurisdiction of His Majesty under statutory powers. At the head of the Union Government would be a Governor with an Executive and a Legislative Council. The seat of this Government would conveniently be in or near Kuala Lumpur.

  8. The co-ordination and direction of the policies of Government in the Malayan Union and Singapore will be secured by the appointment of a "Governor-General" at Singapore, with the power of control over the local Authorities in Malaya and Borneo.

  9. Co-operation in all administrative matters requisite between Singapore and the Union will be ensured by particular agreements for joint consultation and action.

  10. On the assumption explained in paragraph 3 it will be no part of the policy of His Majesty's Government that the Malay Rulers should lose their personal position in their State territories. Indeed, it will be the intention, that, by the association of their territories in the Union, the Rulers will have opportunities to take part in wider activities than hitherto for the general advantage of the country as a whole, and may thereby enhance their sphere of influence and prestige in Malaya.

A P P E N D I X II.

DRAFT DIRECTIVE ON POLICY—BORNEO.
(North Borneo, Labuan, Brunei and Sarawak.)

  1. The restoration of the pre-war constitutional and administrative systems in the four territories will be undesirable in the interests of security and of our declared purpose of promoting social, economic and political progress in Colonial territories. These purposes require—

(a) The direct assumption by His Majesty's Government of responsibility for administration in North Borneo.

(b) The integration of Labuan with North Borneo.

(c) The cession to His Majesty of full jurisdiction in Brunei and Sarawak. The purpose of political progress requires also that self-government in Brunei and Sarawak should not merely develop towards systems of autocratic rule but should provide for a growing participation in the Government by people of all communities in each territory.

  2. On general grounds, and more particularly in order that His Majesty's Government may be in a better position to ensure the development of the country on the lines indicated above, it is necesssary that the old position in which His Majesty had not full jurisdiction in these territories, with the exception of Labuan, should be remedied and that it should be possible to legislate for them all by Order-in-Council. Immediately on the reoccupation of these territories, direct authority will be exercised by the Military Commander, who will carry with him sufficient authority to enable him to exercise such direct powers and control over the territories as will be necessary during the period of military administration. This military authority, even if it fell to be exercised by a British Commander, would, however, not enable His Majesty to legislate for the three States, North Borneo, Brunei and Sarawak, by Order-in-Council, and, in any case, the jurisdiction of the Military Commander would not persist when the military administration gave way to a permanent civil administration.

  3. It is considered that the most effective way to achieve our purposes will be :—

(a) To acquire from the British North Borneo (Chartered) Company the sovereign and administrative rights which they possess and have hitherto exercised; and thereafter to provide for the future government of the territory on its liberation by an Administration under the direct authority of His Maiesty's Government.

(b) To incorporate the present Settlement of Labuan in the new Administration for North Borneo.

(c) To conclude new treaties with the Sultan of Brunei and the Rajah of Sarawak at the earliest opportunity which will accord to His Majesty such jurisdiction in their States as will enable His Majesty to legislate for these territories under the Foreign Jurisdiction Act to the fullest extent. In the case of Sarawak, the new treaty should also secure the acceptance by the Rajah of a resident British Adviser whose advice must be sought and acted upon in all substantial matters of policy and administration. (The present treaty with Brunei already provides for a resident British Adviser.)

  3. The territories in Borneo are still comparatively undeveloped and they have few racial or other affinities. At this stage, therefore, the basis for closer union between them hardly exists. Community of policy and of administrative action can, however, be assured from the outset under the direction of the Governor-General at Singapore, whose appointment is recommended and the promotion of closer union should be a continuing matter of our policy.

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notes

1. Jump up↑ W.M. (44) 70th Conclusions.

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