No. 10760 UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND and FEDERATION OF MALAYA, NORTH BORNEO, SARAWAK and SINGAPORE Agreement relating to Malaysia (with annexes, including the Constitutions of the States of Sabah, Sarawak and Singapore, the Malaysia Immigration Bill and the Agreement between the Governments of the Federation of Malaya and Singapore on common market and financial arrangements). Signed at London on 9 July 1963 Agreement amending the above-mentioned Agreement. Signed at Singapore on 28 August 1963 Authentic texts of the Agreement: English and Malay. Authentic text of the annexes: English. Authentic text of the amending Agreement: English. Registered by the United Kingdom of Great Britain and Northern Ireland on 21 September 1970. United Nations — Treaty Series 1970 AGREEMENT 1 RELATING TO MALAYSIA The United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore; Desiring to conclude an agreement relating to Malaysia; Agree as follows: Article I The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called " Malaysia ". Article II The Government of the Federation of Malaya will take such steps as may be appropriate and available to them to secure the enactment by the Parliament of the Federation of Malaya of an Act in the form set out in Annex A to this Agreement and that it is brought into operation on 31st August 1963 * (and the date on which the said Act is brought into operation is hereinafter referred to as " Malaysia Day "). Article III The Government of the United Kingdom will submit to Her Britannic Majesty before Malaysia Day Orders in Council for the purpose of giving the force of law to the Constitutions of Sabah, Sarawak and Singapore as States of Malaysia which are set out in Annexes B, C and D to this Agreement. Article IV The Government of the United Kingdom will take such steps as may be appropriate and available to them to secure the enactment by the Parliament 1 Came into force on 16 September 1963, in accordance with article II, as amended by the Agreement of 28 August 1963 (see page 241 of this volume). No. 10760 United Nations — Treaty Series 1970 of the United Kingdom of an Act providing for the relinquishment, as from Malaysia Day, of Her Britannic Majesty's sovereignty and jurisdiction in respect of North Borneo, Sarawak and Singapore so that the said sovereignty and jurisdiction shall on such relinquishment vest in accordance with this Agreement and the constitutional instruments annexed to this Agreement. Article V The Government of the Federation of Malaya will take such steps as may be appropriate and available to them to secure the enactment before Malaysia Day by the Parliament of the Federation of Malaya of an Act in the form set out in Annex E to this Agreement for the purpose of extending and adapting the Immigration Ordinance, 1959, of the Federation of Malaya to Malaysia and of making additional provision with respect to entry into the States of Sabah and Sarawak; and the other provisons of this Agreement shall be conditional upon the enactment of the said Act. Article VI The Agreement on External Defence and Mutual Assistance between the Government of the United Kingdom and the Government of the Federation of Malaya of 12th October, 1957, 1 and its annexes shall apply to all territories of Malaysia, and any reference in that Agreement to the Federation of Malaya shall be deemed to apply to Malaysia, subject to the proviso that the Government of Malaysia will afford to the Government of the United Kingdom the right to continue to maintain the bases and other facilities at present occupied by their Service authorities within the State of Singapore and will permit the Government of the United Kingdom to make such use of these bases and facilities as that Government may consider necessary for the purpose of assisting in the defence of Malaysia, and for Commonwealth defence and for the preservation of peace in South-East Asia. The application of the said Agreement shall be subject to the provisions of Annex F to this Agreement (relating primarily to Service lands in Singapore). Article VII (1) The Federation of Malaya agrees that Her Britannic Majesty may make before Malaysia Day Orders in Council in the form set out in Annex G to this Agreement for the purpose of making provision for the payment of compensation and retirement benefits to certain overseas officers serving, 1 United Nations, Treaty Series, vol. 285, p. 59. No. 10760 8 United Nations — Treaty Series ___ 1970 immediately before Malaysia Day, in the public service of the Colony of North Borneo or the Colony of Sarawak. (2) On or as soon as practicable after Malaysia Day, Public Officers' Agreements in the forms set out in Annexes H and I of this Agreement shall be signed on behalf of the Government of the United Kingdom and the Government of Malaysia; and the Government of Malaysia shall obtain the concurrence of the Government of the State of Sabah, Sarawak or Singapore, as the case may require, to the signature of the Agreement by the Government of Malaysia so far as its terms may affect the responsibilities or interests of the Government of the State. Article VIII The Governments of the Federation of Malaya, North Borneo and Sarawak will take such legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations contained in Chapter 3 of, and Annexes A and B to, the Report of the Inter-Governmental Committee signed on 27th February, 1963, in so far as they are not implemented by express provision of the Constitution of Malaysia. Article IX The provisions of Annex J to this Agreement relating to Common Market and financial arrangements shall constitute an Agreement between the Government of the Federation of Malaya and the Government of Singapore. Article X The Governments of the Federation of Malaya and of Singapore will take such legislative, executive or other action as may be required to imple ment the arrangements with respect to broadcasting and television set out in Annex K to this Agreement in so far as they are not implemented by express provision of the Constitution of Malaysia. Article XI This Agreement shall be signed in the English and Malay languages except that the Annexes shall be in the English language only. In case of doubt the English text of the Agreement shall prevail. No. 10765 10 United Nations — Treaty Series 1970 IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement. DONE at London this Ninth day of July, 1963, in five copies of which one shall be deposited with each of the Parties. For the United Kingdom: HAROLD MACMILLAN DUNCAN SANDYS LANSDOWNE For the Federation of Malaya: T. A. RAHMAN ABDUL RAZAK TAN SIEW SIN V. T. SAMBANTHAN ONG YOKE LIN S.A. LIM For North Borneo : DATU MUSTAPHA BIN DATU HARUN D. A. STEPHENS W. K. H. JONES KHOO SIAK CHIEW W. S. HOLLEY G. S. SUNDANG For Sarawak: P. E. H. PIKE T. JUGAH ABANG HAJI MUSTAPHA LING BENG SIEW ABANG HAJI OPENG For Singapore: LEE KUAN YEW GOH KENG SWEE No. 10760 12 United Nations — Treaty Series 1970 ANNEX A MALAYSIA BILL [NOTE. In accordance with section 3 and the First Schedule certain sections are to be inserted in, and become Articles of, the Constitution; any such section is distinguished in the text of the Act by a marginal note giving its number as an Article of the Constitution; the Articles in question are listed in order in the First Schedule.} TABLE OF CONTENTS PART I PRELIMINARY 1. Citation. 2. Commencement. 3. Sections of Act inserted in Constitution. PART II THE STATES OF THE FEDERATION 4. The name, States and territories of the Federation. PART in GENERAL CONSTITUTIONAL ARRANGEMENTS TITLE I GENERAL PROVISIONS AS TO FEDERAL AND STATE INSTITUTIONS Chapter 1—Preliminary 5. Interpretation of constitutional terms. Chapter 2—Heads of State 6. Conference of Rulers. 7. Religious functions. Chapter 3—Parliament, Legislative Assemblies and State Constitutions 8. Increase in appointed members of Senate. 9. Composition of House of Representatives. 10. Election Commission, and delimitation of constituencies. No. 10760 1970 Nations Unies — Recueil des Traités 13 11. Decisions as to disqualification of member of either House or of Legislative Assembly. 12. State Constitutions. Chapter 4—The Judiciary 13. Judicial power of the Federation. 14. Jurisdiction of Federal Court. 15. Constitution of Federal Court. 16. Constitution of High Courts. 17. Appointment of judges of Federal Court and of High Courts. 18. Transfer of judge of one High Court to another. 19. Qualifications of judges of Federal Court and of High Courts. 20. Oath of office of judges. 21. Provision for incapacity, etc., of Lord President or Chief Justice. 22. Application to new courts of Articles 125 to 127, 130 and 131. TITLE JJ CITIZENSHIP Chapter 1—Citizenship by operation of law 23. Citizenship by operation of law. 24. Supplementary amendments as to citizenship by operation of law. Chapter 2—Citizenship by registration or natura lisation, and transfer to or from Singapore 25. Citizenship by registration (wives and children of citizens). 26. Citizenship by registration (persons resident in Borneo States on Malaysia Day). 27. Citizenship by naturalisation. 28. Transfer of citizenship to or from Singapore. 29. Miscellaneous amendments as to citizenship by registration or naturalisation. Chapter 3—Miscellaneous 30. Deprivation of citizenship (Singapore citizens, and persons becoming citizens on Malaysia Day). 31. Franchise, etc., of Singapore citizens and other citizens. 32. Liaison as to citizenship between governments of Federation and of Singapore. 33. Minor amendments. 34. Exclusion, as respects Borneo States and Singapore, of Article 22. N" 10760 14 United Nations — Treaty Series 1970 TITLE HI LEGISLATIVE POWERS AND ADMINISTRATIVE ARRANGEMENTS 35. Modifications for Borneo States and Singapore of distribution of legislative powers. 36. Supplements to Legislative Lists referred to in section 35. 37. Power of Parliament to extend legislative powers of States. 38. Power by order to extend legislative or executive powers of Borneo States. 39. Emergency laws. 40. Proceedings for questioning validity of federal or State law. 41. Power of Parliament to give effect to existing treaties, etc., for Borneo States and Singapore. 42. Exclusion for Borneo States and Singapore of Parliament's power to pass uniform laws about land or local government. 43. Exclusion of Borneo States and Singapore from national plans for land utilisation, local government, development, etc. 44. Application of Articles 83 to 87 to States not having a Ruler. TITLE IV FINANCIAL PROVISIONS Chapter 1—Borneo States 45. Amendments of Tenth Schedule for Borneo States. 46. Special grants and assignments of revenue to Borneo States. 47. Reviews of special grants to Borneo States. Chapter 2—Singapore 48. Financial arrangements with Singapore. Chapter 3—General 49. Borrowing powers of Borneo States and Singapore. 50. State audits in Borneo States and Singapore. 51. State road grant in States of Malaya. TITLE V PUBLIC SERVICES 52. Judicial and Legal Service Commission. 53. Amendments consequential on establishment of Judicial and Legal Service Commission. No. 10760 1970 Nations Unies — Recueil des Traités 15 54. Branches in Born o States and in Singapore of Judicial and Legal Service Commission. 55. Branches in each Borneo State and in Singapore of Public Services Commission. 56. Supplementary provisions as to branches of Commissions. 57. Jurisdiction of Police Force Commission over seconded members of State service in Borneo States. 58. Offices not comprised in term " public service " or not subject to Commissions. 59. Supplementary. TITLE VI PROTECTION OF SPECIAL INTERESTS Chapter 1—General 60. Power to limit freedom of movement or of association, etc. Chapter 2—Borneo States 61. Use of English and of native languages in Borneo States. 62. Special position of natives of Borneo States. 63. Restriction on extension to non-residents of right to practise before courts in Borneo States. 64. Muslim education in Borneo States. 65. Freedom of religion. 66. Safeguards for constitutional position of Borneo States. Chapter 3—Singapore 67. Use of unofficial languages in Singapore Assembly. 68. Special position of Malays in Singapore. 69. Safeguards for constitutional position of Singapore. TITLE VII SUPPLEMENTARY 70. Minor and consequential amendments. 71. Operation of transitional provisions of Malaysia Act. 72. Repeals. PART IV TRANSITIONAL AND TEMPORARY Chapter 1—General 73. Continuation and effect of present laws. 74. Temporary power to modify and apply present laws. N« 10760 16________United Nations — Treaty Series_______1970 75. Succession to property. 76. Succession to rights, liabilities and obligations. 77. Succession as to criminal and civil proceedings. 78. Succession on future transfers of responsibility. 79. Defence lands. 80. Temporary financial provisions. Chapter 2—State officers 81. Preservation of pensions. 82. Special protection for pensions of serving members of State service in Borneo States. 83. Appeals by serving members of State service in Borneo States against decisions affecting pension or compensation. 84. Protection of certain members- of State service in Borneo States from termination of secondment to federal service. 85. Transfer of Singapore police to federal police force. 86. Persons assuming federal appointments (effect of secondment ; exemption from being sworn). Chapter 3—The courts and the judiciary 87. Temporary provision as to jurisdiction, etc. of superior courts. 88. Continuity of subordinate courts and of proceedings. 89. Continuance in office of existing judges. 90. Temporary provisions as to qualifications of judges. 91. Pensions of certain judges from Borneo States. 92. Existing officers of Supreme Courts and judges of subordinate courts. Chapter 4—Parliament and Legislative Assemblies 93. First elections and appointments to Senate. 94. House of Representatives and Legislative Assemblies (elections in Borneo States). 95. House of Representatives and Legislative Assembly (elections in Singapore). 96. First delimitation of constituencies. First Schedule Insertion of new Articles in Constitution. Second Schedule Section added to Eighth Schedule to Constitution. No. 10760