Malaysia Bill

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Malaysia Bill of the Agreement relating to Malaysia
Malaysia Bill of 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 UK, N. Borneo, Sarawak and Singapore.djvu
Malaysia Bill of the Agreement relating to Malaysia
Drafted15 November 1961
Signed9 July 1963
Location London, United Kingdom
Sealed31 July 1963
Effective16 September 1963
Signatories
Parties
  • Flag of the United Kingdom.svg United Kingdom
  • Flag of Malaya.svg Malaya
  • Flag of North Borneo (1948-1963).svg North Borneo
  • Flag of Sarawak (1946-1963).svg Sarawak
  • Flag of Singapore.svg Singapore
Depositary British Government
dated 21 September 1970
The Secretary-General of the Flag of the United Nations.svg  United Nations acting in his capacity as depositary the following: [1]
(English), (French), and (Malay)
Registered Nr. I-10760
Languages English and Malay
Full text
Wikisource-logo.svg Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex A at Wikisource

The Malaysia Bill is an annex of the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore. It gave effect to the Agreement where that the British colonies of North Borneo, Sarawak and the State of Singapore should be federated with the existing States of the Federation of Malaya and the name of the federation should be Malaysia, [2] and the Federal constitution wherewith to amend and adopt the Constitution of the Federation of Malaya so as to provide for the admission of those States. it adopted its present name, the name of the Constitution of the Federation of Malaya should be changed into Constitution of Malaysia. [3]

Contents

Documents

The following is the table of contents to the Malaysia Bill.

Schedules

First delimitation of constituencies

Definitions

For the purpose of the federal and state institutions,

  1. "Attorney-General" means the Attorney-General of the Federation
  2. "Chief minister" and "Mentri Besar" both mean the president, by whatever style known, of the executive council in a state (and in particular "chief minister" includes the prime minister in Singapore)
  3. "Executive Council" means the Cabinet or other body, however called, which in the government of a State corresponds, whether or not the members of it are Ministers, to the Cabinet of Ministers in the government of the Federation (and in particular includes the Supreme Council in Sarawak)
  4. "Governor" means the Head of State, by whatever style known, in a State not having a Ruler (and in particular includes the Yang di-Pertua Negara in North Borneo and the Yang di-Pertuan Negara in Singapore)
  5. "Legislative Assembly" means the representative assembly, however called, in the Legislature of a State (and in particular includes the Council Negri in Sarawak), but except in the Eighth Schedule includes also a Legislative Council, however called

States of the federation

Part II enshrines name and number of the basic States of the federation

  1. The name of the federation shall be known, in Malay and in English, by the name Malaysia.
  2. The States of the Federation shall be—
    1. the States of Malaya, namely, Johor, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and
    2. the Borneo States, namely, North Borneo and Sarawak; and
    3. the State of Singapore.

The Heads of State

The Chapter 2 of the General Constitutional Arrangements provides that the Governors of North Borneo, Sarawak and Singapore shall be members of the Conference of Rulers. [2] Its main responsibility is the election of the Yang di-Pertuan Agong except for those purposes for which the Governors of Malacca and Penang are not members and became substituted the words "States not having a Ruler".

See also

Related Research Articles

<span class="mw-page-title-main">Federation of Malaya</span> Federation of British territories from 1948–57; independent country from 1957–63

The Federation of Malaya, more commonly known as Malaya, was a country of what previously had been the Malayan Union and more previously, British Malaya. It comprised eleven states – nine Malay states and two of the Straits Settlements, Penang and Malacca. It was established on 1 February 1948.

In Malaysia, the Yang di-Pertua Negeri is a constitutional title given to the head of state in states without a ruler, namely: Penang, Malacca, Sabah and Sarawak. This is in contrast to a Ruler which is a constitutional title given to states with hereditary monarchies, namely: the Sultans of Johor, Kedah, Kelantan, Pahang, Perak, Selangor and Terengganu; the Raja of Perlis: and the Yang di-Pertuan Besar of Negeri Sembilan.

<span class="mw-page-title-main">Prime Minister of Malaysia</span> Head of government of Malaysia

The prime ministerof Malaysia is the head of government of Malaysia. The prime minister directs the executive branch of the federal government. The Yang di-Pertuan Agong appoints the prime minister as a member of Parliament (MP) who, in his opinion, is most likely to command the confidence of a majority of MPs. The Prime Minister is usually the leader of the party winning the most seats in a general election.

<span class="mw-page-title-main">Parliament of Malaysia</span> National bicameral legislature of Malaysia

The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the Dewan Rakyat and the Dewan Negara. The Yang di-Pertuan Agong (King), as the head of state, is the third component of Parliament.

<span class="mw-page-title-main">Constitution of Malaysia</span> Federal Constitution of Malaysia

The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.

The states and federal territories of Malaysia are the principal administrative divisions of Malaysia. Malaysia is a federation of 13 states (Negeri) and 3 federal territories.

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for "safeguard[ing] the special position of the 'Malays'(see note) and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities" and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education.

<span class="mw-page-title-main">Election Commission of Malaysia</span> Malaysian government agency

The Election Commission of Malaysia, abbreviated SPR or EC, is a commission set up for ensuring fair and equitable operations in undertaking the elections in Malaysia. The agency falls under the purview of the Prime Minister's Department.

<span class="mw-page-title-main">Self-governance of Singapore</span> Historical progress from UK colony (1819) to sovereign state (1965)

The self-governance of Singapore was carried out in several stages. Since the founding of Singapore in 1819, Singapore had been under the colonial rule of the British. The first local elections on a limited scale for several positions in the government of Singapore started in 1948 following an amendment to the Constitution of Singapore.

<span class="mw-page-title-main">Singapore in Malaysia</span> 1963–1965 Singaporean statehood in Malaysia

Singapore, officially the State of Singapore, was one of the 14 states of Malaysia from 1963 to 1965. Malaysia was formed on 16 September 1963 by the merger of the Federation of Malaya with the former British colonies of North Borneo, Sarawak and Singapore. This marked the end of the 144-year British rule in Singapore which began with the founding of modern Singapore by Sir Stamford Raffles in 1819. At the time of merger, it was the smallest state in the country by land area, but the largest by population.

<span class="mw-page-title-main">Government of Malaysia</span> Federal government of Malaysia

The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya, with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation comprising the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.

<span class="mw-page-title-main">Cobbold Commission</span>

The Cobbold Commission, was a Commission of Enquiry set up to determine whether the people of North Borneo and Sarawak supported the proposal to create the Federation of Malaysia consisting of Malaya, Brunei, Singapore, North Borneo, and Sarawak. It was also responsible for the subsequent drafting of the Constitution of Malaysia prior to the formation of Malaysia on 16 September 1963. The Commission was headed by former Bank of England governor, Lord Cobbold.

<span class="mw-page-title-main">20-point agreement</span> Terms for North Borneos incorporation into the State of Sabah

The 20-point agreement, or the 20-point memorandum, is a list of 20 points drawn up by North Borneo, 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.

<span class="mw-page-title-main">Malaysia Agreement</span> Treaty combining Malaya, North Borneo, Sarawak, and Singapore into Malaysia

The Malaysia Agreement, or the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore (MA63) was a legal document which agreed to combine North Borneo (Sabah), Sarawak, and Singapore with the existing states of Malaya, the resulting union being named Malaysia. Signed in London, United Kingdom, the agreement has been in effect since 16 September 1963; Singapore was subsequently expelled from Malaysia not long after this agreement, becoming a sovereign state on 9 August 1965.

The state governments in Malaysia are the governments ruling the 13 states in the federation of Malaysia. All 13 states adopts the Westminster Parliamentary system and each has a unicameral state legislative assembly. Each of the States of Malaya is run by an EXCO, while Sabah and Sarawak have their respective Cabinet and Ministry. The state government structure in all 13 states is similar to the government system of the federal government of Malaysia and that the state legislatures consist of only a single chamber.

<span class="mw-page-title-main">Proclamation of Singapore</span> Document regarding the independence of Singapore

The Proclamation of Singapore is an annex of the Agreement relating to the separation of Singapore from Malaysia as an independent and sovereign state dated 7 August 1965 between the Government of Malaysia and government of Singapore, and an act to amend the Constitution of Malaysia and the Malaysia Act on 9 August 1965 signed by the King of Malaysia, and read on the day of separation from Malaysia, which was 9 August 1965, by Lee Kuan Yew, the first Singaporean prime minister.

<span class="mw-page-title-main">Proclamation of Malaysia</span>

The Proclamation of Malaysia was a statement, written in English and Malay, that declared the merger of the Federation of Malaya with the State of Singapore and the British crown colonies of North Borneo and Sarawak into the new Federation of Malaysia, following the enactment of the Malaysia Agreement and the Malaysia Act 1963 that July. The merger came into effect on 16 September 1963, and the proclamation was delivered on that date by Prime Minister Tunku Abdul Rahman in the Stadium Merdeka in Kuala Lumpur.

<span class="mw-page-title-main">18-point agreement</span> Proposed terms to form Malaysia

The 18-point agreement, or the 18-point memorandum, was a purported list of 18 points drawn up by Sarawak, proposing terms to form Malaysia, during negotiations prior to the creation of the new federation in 1963. Unlike the Sabah's 20-point memorandum whose authors are known and well documented, no such details have been produced for the so-called Sarawak 18-points memorandum.

<span class="mw-page-title-main">Premier of Sarawak</span> Head of government in Sarawak, Malaysia

The premierof Sarawak is the head of government of the Malaysian state of Sarawak. The premier is appointed by the Yang di-Pertua Negeri (Governor) of Sarawak. The premier is also the leader of the political party or coalition that secures a majority in the Sarawak State Legislative Assembly.

Constitution of the State of Sarawak was incorporated in 1963 in the state of Sarawak following the formation of federation of Malaysia. It consists of six Chapters, 58 Articles, and one Schedule.

References

UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence  v3.0: "Malaysia Act 1963" . Retrieved 30 March 2021.

UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence  v3.0: Affecting the Malaysia Act 1963