Saturday, March 17, 2012

Malaysia Act 1963

Below is the "Malaysia Act 1963" which was printed in England in order to enable the State of North Borneo, Sarawak and Singapore to federate with the Federation of Malaya in 1963. Even though, it is clear today that Malaysia is a federation country, there is unanswered issue of what kind of federation that Malaysia stands?

Is Malaysia is a Federation consist of 13 States of Sabah, Sarawak, Johor, Pahang, Terengganu, Kelantan, Perlis, Kedah, Pulau Pinang, Perak, Selangor, Negeri Sembilan, Melaka, Johor and three Federal Territories of Kuala Lumpur, Labuan and Putrajaya?


Is Malaysia is a Federation consist of 3 entities of The State of Sabah, the State of Sarawak and the Federation of Malaya?

Even when I'm searching for a qualified person for the job, a lawyer, different answers will come to me. The most clear answer I received up until know is from Raja Menangis, who answered that Malaysia indeed consist of three entities, but the entities are the Malay States, the Straights Settlements and the Borneo States.

So, in my research to find the right answer, I've found the 'Malaysia Act 1963'. And even though it's not clearly answered the status of States inside Malaysia, but it is for some part answered a question regarding the status of Malaysia as a whole.

In my opinion, the first chapter of the act, clearly stated that the States of Singapore, Sarawak and North Borneo is to federate with the existing States of the Federation of Malaya (in the act mention it as "the Federation"), not to formed a new country, but only resulted "the Federation" to only changed her name from "the Federation of Malaya" to "Malaysia". (I hope I doesn't need to explain the meaning of 's' between State and States).

This is what it said in the act :-

1.-(1) For the purpose of enabling North Borneo, Sarawak
and Singapore (in this Act referred to as " the new States ") to
federate with the existing States of the Federation of Malaya
(in this Act referred to as " the Federation "), the Federation
thereafter being called Malaysia, on the day on which the new
States are federated as aforesaid (in this Act referred to as " the
appointed day ") Her Majesty's sovereignty and jurisdiction
in respect of the new States shall be relinquished so as to vest in
the manner agreed between the United Kingdom of Great Britain
and Northern Ireland, the Federation and the new States

(2) Her Majesty may by Order in Council enact State Constitu-
tions to take effect for the new States immediately before the
appointed day.

Okay that's all for this time,I will continue this in the next segment. For refference, the full version of the act can be refer to at the link HERE

Malay Translation

Cuba lihat ayat 'with the existing States of the Federation of Malaya'.. jika anda terjemahkan ke dalam Bahasa Melayu.. maksudnya adalah 'dengan negeri-negeri Persekutuan Tanah Melayu yang sedia ada'


Anonymous said...

from the Act itself, it is clear that Malaysia was formed from existing state in federation of malaya with sabah, sarawak n singapore and not within the federation of malaya, sabah and sarawak

Anonymous said...

When is the appointed day in the act? No royal assent, no commencement order, no entry in force and no international ratification.


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