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The Kitingan case, the Borneo states, and the Malaysian constitution.



Introduction

In about October 1992, I was asked by Mr. Harjeet Singh of the Kuala Lumpur Kuala Lumpur (kwä`lə lm`pr), city (1990 est. pop.  legal firm of Shearn, Delamore & Co. if I would provide expert advice in the form of an affidavit affidavit

Written statement made voluntarily, confirmed by the oath or affirmation of the party making it, and signed before an officer empowered to administer such oaths.
 in the case of Datuk Jeffrey Kitingan Jeffrey Kitingan, or Datuk Dr. Jeffrey Gapari Kitingan, or "Gapari Katingan" is a politician from the state of Sabah in Malaysia. He is currently the Deputy Chairman of Parti Keadilan Rakyat for the state of Sabah. , a Sabah Kadazan-Dusun politician and Director of the Sabah Foundation who had been charged with seven offences involving the alleged corrupt transfer of funds to bank accounts in Hong Kong Hong Kong (hŏng kŏng), Mandarin Xianggang, special administrative region of China, formerly a British crown colony (2005 est. pop. 6,899,000), land area 422 sq mi (1,092 sq km), adjacent to Guangdong prov. . As the bank concerned would not allow its staff members to testify in a Malaysian court, Malaysia's legal authorities had called upon the Hong Kong courts in April 1990 to lend their assistance in the collection of evidence which could then be presented in the Malaysian courts in order to secure Kitingan's conviction. Kitingan's lawyers challenged this, claiming that the charges were politically motivated and that under the terms of Section 77b of Hong Kong's Evidence Ordinance, this was sufficient grounds for Hong Kong not to lend its assistance. My affidavit was intended to be presented as an expert opinion that the charges were indeed politically motivated, something I had strongly suspected when I first heard of the attempted prosecution. As it happened, I had never met Datuk Jeffrey Kitingan or his brother, Datuk Pairin Kitingan, who was then the Chief Minister of Sabah, but I had kept close track of political events in Sabah and Sarawak since my time there as a journalist in the late 1960s and early 1970s and was aware of the subsequent constitutional changes which had eroded e·rode  
v. e·rod·ed, e·rod·ing, e·rodes

v.tr.
1. To wear (something) away by or as if by abrasion: Waves eroded the shore.

2. To eat into; corrode.
 much of the special status, originally granted to the two Borneo states in Kuala Lumpur's desperate efforts to include them in the enlarged Federation as a counter-balance to predominantly Chinese Singapore. I was by no means a constitutional expert but I was well aware of the political agenda which underlay constitutional change: Kuala Lumpur's (or rather UMNO's) plan to run the Federation along highly centralized cen·tral·ize  
v. cen·tral·ized, cen·tral·iz·ing, cen·tral·iz·es

v.tr.
1. To draw into or toward a center; consolidate.

2.
 lines for the benefit of what was thought would be a Malay majority. I think that my name was put forward when Jeffrey Kitingan's lawyers asked my old friend Professor George Appell if he could recommend someone. George and Laura Appell had worked as anthropologists in Sabah for some years and were well acquainted with the Kadazan-Dusun community in which the Kitingans had become leading figures after the tragic demise of Datuk Fuad (Donald) Stephens, someone whom I had known well when I was a journalist for the Far Eastern Economic Review and subsequently in Canberra when he was Malaysia's High Commissioner. There were other authorities like the late Hugh Hickling, author of the 1963 Malaysian Constitution, who might have been considered more appropriate than myself from a constitutional point of view, but a political understanding of the historical relationship of the Borneo states with Kuala Lumpur was arguably ar·gu·a·ble  
adj.
1. Open to argument: an arguable question, still unresolved.

2. That can be argued plausibly; defensible in argument: three arguable points of law.
 just as important. Acting as an expert witness involved a visit to Kuala Lumpur and then Hong Kong where I was briefed by the defense solicitor and barrister barrister: see attorney.
barrister

One of two types of practicing lawyers in Britain (the other is the solicitor). Barristers engage in advocacy (trial work), and only they may argue cases before a high court.
 before embarking on my affidavit. Using an extensive collection of legal documents and newspaper cuttings supplied by Harjeet Singh, together with the resources of the Library of the University of Hong Kong The University of Hong Kong (commonly abbreviated as HKU, pronounced as "Hong Kong U") is the oldest tertiary institution in Hong Kong. Its motto is "Sapientia et Virtus" in Latin, and "  where my old friend Professor Wang Gung Wu was then ensconced en·sconce  
tr.v. en·sconced, en·sconc·ing, en·sconc·es
1. To settle (oneself) securely or comfortably: She ensconced herself in an armchair.

2.
 as Vice-Chancellor, I set to work and managed to produce within a week what I thought was a fairly respectable document. Imagine my dismay, then, when the Hong Kong solicitor and his barrister colleague told me in no uncertain terms that it would simply not do. I felt like an undergraduate who had been handed back his essay and told to try a little harder! However, it was not the substance of the document that was unsatisfactory but the way in which it was presented. I was instructed that every assertion made had to be authenticated au·then·ti·cate  
tr.v. au·then·ti·cat·ed, au·then·ti·cat·ing, au·then·ti·cates
To establish the authenticity of; prove genuine: a specialist who authenticated the antique samovar.
 or supported in some way. It had to be based on legislative authority or otherwise represented as reflecting the consensus of legal or historical academic opinion in this area, or at base level as an expression of my own individual expert opinion. Further, instead of footnotes I had to furnish the actual published documents cited and refer to them as appendices ap·pen·di·ces  
n.
A plural of appendix.
 listed as "Reece, R.H.W., Exhibit 1" etc. This latter task was onerous in its seemingly endless photocopying photocopying, process whereby written or printed matter is directly copied by photographic techniques. Generally, photocopying is practical when just a few copies of an original are needed. When many copies are required, printing processes are more economical. , arranging, and labeling of what became a meter-thick dossier, but it was nothing compared with the absolute slog of going through the draft and identifying every time I made an assertion of some kind. In the process I learnt a good deal about the differences between historical and legal verification. Every historical text is a mosaic or confection con·fec·tion
n.
A sweetened medicinal compound. Also called electuary.
 of assertions based on supposition, personal opinion, informed conjecture CONJECTURE. Conjectures are ideas or notions founded on probabilities without any demonstration of their truth. Mascardus has defined conjecture: "rationable vestigium latentis veritatis, unde nascitur opinio sapientis;" or a slight degree of credence arising from evidence too weak or too  and unadorned hearsay hearsay: see evidence.  as well as actual documentary evidence A type of written proof that is offered at a trial to establish the existence or nonexistence of a fact that is in dispute.

Letters, contracts, deeds, licenses, certificates, tickets, or other writings are documentary evidence.
. The lawyers clearly think that we historians get away with murder, and perhaps sometimes we do. Their qualitative assessment of evidence of all categories has to be much more precise and authoritative and I became much more conscious of these categories and their important differentiations. Ironically, I may well be a better historian because of it. Altogether, it was a most edifying ed·i·fy  
tr.v. ed·i·fied, ed·i·fy·ing, ed·i·fies
To instruct especially so as to encourage intellectual, moral, or spiritual improvement.
 experience and I thought back to my high school headmaster who once advised me to go into law. I would certainly have made a lot more money, but at what cost? For one thing, there is the damage to the English language English language, member of the West Germanic group of the Germanic subfamily of the Indo-European family of languages (see Germanic languages). Spoken by about 470 million people throughout the world, English is the official language of about 45 nations.  that lawyers do every day. The spiky spik·y  
adj. spik·i·er, spik·i·est
1. Having one or more projecting sharp points.

2. Grouchy or cross in temperament.



spik
 and heavily hedged and qualified legalese legalese - Dense, pedantic verbiage in a language description, product specification, or interface standard; text that seems designed to obfuscate and requires a language lawyer to parse it.  into which I had been obliged o·blige  
v. o·bliged, o·blig·ing, o·blig·es

v.tr.
1. To constrain by physical, legal, social, or moral means.

2.
 to translate my gracefully flowing prose was barbaric to the eye. It makes me shudder even now as I read it for the first time in fifteen years. There were compensations, of course. I was accommodated in the executive suite of the Hong Kong Hilton Hong Kong Hilton was a hotel in Central, Hong Kong, Built in 1961, the 26 storey hotel was a the only 5-star hotel on the island side of the territory. It closed in May 1995, and was demolished soon thereafter (along with Beaconsfield House) to make way for a commercial development  where there was always a bottle of champagne in the ice bucket ice bucket
n.
1. A small insulated container with a lid, used for holding ice.

2. A similar container without a lid used to cool bottles placed inside it.
 and fresh strawberries and canapes nearby. Christopher Bonsall, the charming Eurasian Hong Kong solicitor of the firm of Johnson, Stokes Stokes , William 1804-1878.

British physician. Known especially for his studies of diseases of the chest and heart, he expanded on the observations of John Cheyne in describing the breathing irregularity now known as Cheyne-Stokes respiration.
 and Master, wined and dined me at the Hong Kong Cricket Club. I reflected with some satisfaction on the contrast with my earlier time in Hong Kong in 1968 when I was writing freelance for the Far Eastern Economic Review, living on noodles noo·dle 1  
n.
A narrow, ribbonlike strip of dried dough, usually made of flour, eggs, and water.



[German Nudel.
 and sleeping on the settees of tolerant friends. I could not help thinking that the HK$100 I was now paying for a wonderful curry lunch at the Hilton would have supported me for a week or two back then when I could not even have afforded a cup of tea. I was able to return some of the hospitality shown me in earlier years by the Wangs and others, including the Australian architect, Alan Gilbert
''For the conductor, see Alan Gilbert (conductor)


Professor Alan Gilbert, born in Brisbane on 11 September 1944, once a historian is now President and Vice Chancellor of the University of Manchester.
, and to finance his moonlight flit moonlight flit
Noun

Brit & Austral informal a hurried departure at night to avoid paying rent
 back to Melbourne with all his belongings after his company failed and he was left owing a fortune in rent. At last the affidavit met the strict standards set out by my legal friends and after a final session with them over champagne and canapes I returned to Western Australia Western Australia, state (1991 pop. 1,409,965), 975,920 sq mi (2,527,633 sq km), Australia, comprising the entire western part of the continent. It is bounded on the N, W, and S by the Indian Ocean. Perth is the capital.  and my envious en·vi·ous  
adj.
1. Feeling, expressing, or characterized by envy: "At times he regarded the wounded soldiers in an envious way....
 family with a draft that needed only the final touches. My brother-in-law, who is a district court judge in Queensland and an extremely shrewd critic of the legal process, would probably have supported the Crown case. He wrote to me in these rather deflating but ultimately helpful terms:
   After reading your affidavit, I have difficulty in understanding
   how your evidence can be relevant. By way of illustration, I am
   sure there are some in Queensland who think that the prosecution of
   Joh [BjelkePeterson, the former Queensland Premier], Austin, Lane
   et al was politically motivated. Even if that could have been
   proved, it would have got the defence nowhere, because the sole
   issue for the Court (which includes, in our system, the jury) to
   consider is whether the Crown has proved the guilt of the accused
   of the offence charged.

   In any event, Mr Kitingan's legal advisers think that your evidence
   is important for his defence. I do wonder whether you should
   confirm with them--to ensure that they don't intend to, say,
   release your affidavit (knowing that they can't use it at the
   trial) in an effort to improperly influence or inflame local
   opinion.

   As I have read your affidavit I have found myself wondering at times
   whether all of it can, in a legal sense, be said to be properly
   admissible on the grounds of expert evidence. Generally the rule in
   our system ... is that that witness can only speak of things he has
   seen or heard himself--de visua et auditu--rather than express
   opinions. A witness may give his opinion on matters provided that
   they are matters calling for special skill or knowledge and provided
   he is an expert in such matters.

   To qualify as an expert the judge must be satisfied that "the field
   of knowledge in which the witness professes expertise is a
   recognised and organised body of knowledge outside his ordinary
   experience of men and [that] ... the witness has sufficient
   expertise in such field as would enable him to assist the
   tribunal."

   It seems to me that in the latter part of your affidavit you perhaps
   wander from being an historian to proffering views, which, in truth,
   are not matters of historical expertise, but conclusions of fact
   which a layman, perhaps having had the historical context explained
   to him, might draw. Look particularly at your paragraph 52, in which
   you conclude that the charges "appear to relate directly to his
   attempt to overturn ...". As you concede you do not know the
   substance of the charges, would it not be better to say, say, "I
   have no knowledge of the strength of the evidence intended to be
   lead [sic] by the State in bringing the seven charges against Dr.
   Kitingan. They have been presented at a time when he was seeking to
   overturn etc."


Needless to say, I accepted his excellent advice although his comparison with the Queensland cases was not entirely appropriate. The essence of the Hong Kong cases was whether the Malaysian request could be facilitated under Hong Kong law. Months later I learnt that the defense had been successful, Master Beeson of the Hong Kong Supreme Court finding that "the proceedings [against Datuk Kitingan] were of a political character and also an abuse of the process of the court ..." Master Beeson did not reject my affidavit in its entirety, as the Crown had insisted be done:
   I treated it as the report of a trained historian who has a special
   expertise in the history and politics of Malaysia with the
   reservation that as the reporter was not available for oral
   examination or cross-examination it must be treated with some
   caution where matters purely of opinion were aired.


The Crown immediately challenged the decision, partly on the earlier grounds that my expert opinion should not be accepted. On 20th January 1994, in his final judgment on the appeal, Hon. Jones J upheld Master Beeson's earlier decision that the Hong Kong courts could not cooperate with their Malaysian counterparts, summarizing in six pages what he considered to be the most relevant parts of the background information I had provided in my affidavit.

There remains the question of whether Datuk Jeffrey Kitingan was in fact guilty of the offenses with which he had been charged, an issue which the highly technical Hong Kong cases had obscured and ultimately rendered irrelevant. I tried to meet Datuk Kitingan during a subsequent visit to Kota Kinabalu Kota Kinabalu (kōt`ə kĭn'əbəl`), formerly Jesselton, town (1991 pop.  but found him strangely unwilling to see me in view of the part I had played in securing his non-prosecution. However, whether Datuk Kitingan was guilty or not, I remain satisfied that Dr. Mahathir's hand was closely involved in this action. I believe that his motivation was purely and simply to deal with a man who had become a political nuisance and a hindrance hin·drance  
n.
1.
a. The act of hindering.

b. The condition of being hindered.

2. One that hinders; an impediment. See Synonyms at obstacle.
 to his efforts both to bend Sabah's political system to the West Malaysian model and to ensure that the constitutional amendments which had brought Sabah and Sarawak under a much more centralized control 1. In air defense, the control mode whereby a higher echelon makes direct target assignments to fire units. 2. In joint air operations, placing within one commander the responsibility and authority for planning, directing, and coordinating a military operation or group/category of  from Kuala Lumpur would not be dismantled dis·man·tle  
tr.v. dis·man·tled, dis·man·tling, dis·man·tles
1.
a. To take apart; disassemble; tear down.

b.
. It has to be conceded that the threat by Kadazan-Dusun political figures associated with the Kitingan brothers that Sabah might secede se·cede  
intr.v. se·ced·ed, se·ced·ing, se·cedes
To withdraw formally from membership in an organization, association, or alliance.



[Latin s
 from the Federation was a cause for concern for the Kuala Lumpur government, although I believe that it was largely rhetorical in nature. I would prefer to draw a veil over the sad story of what has happened in Sabah politics subsequently, except to say that the introduction of UMNO UMNO United Malays National Organization (Malaysia)  has finally rendered the state politically "safe."

The Affidavit

[The text that follows has dispensed with the original apparatus of Exhibits but a full list is provided of all references used other than newspaper articles. All explanatory interpolations have been enclosed en·close   also in·close
tr.v. en·closed, en·clos·ing, en·clos·es
1. To surround on all sides; close in.

2. To fence in so as to prevent common use: enclosed the pasture.
 by square brackets square bracket
n.
One of a pair of marks, [ ], used to enclose written or printed material or to indicate a mathematical expression considered in some sense a single quantity.
.]

It is crucial to any understanding of the experience of Sabah within Malaysia since 1963 that the circumstances leading to the formation of the Federation of Malaysia Federation of Malaysia: see Malaysia.  should be briefly outlined and explained. On 27th May 1961, the Federation of Malaya's Prime Minister, Tunku Abdul Rahman Not to be confused with Tuanku Abdul Rahman, the first Yang di-Pertuan Agong of the Federation of Malaya.

Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah
, publicly proposed that Malaya, Singapore, Sarawak, North Borneo North Borneo or British North Borneo: see Sabah, Malaysia.  (Sabah) and Brunei be joined in a new political federation, to be known as "Malaysia." At that time the Federation of Malaya The Federation of Malaya (Malay: Persekutuan Tanah Melayu), was a federation of 11 states formed on January 31 1948 from the nine Malay states and the British settlements of Penang and Malacca.  was a sovereign state SOVEREIGN STATE. One which governs itself independently of any foreign power. , having achieved independence from Britain in August 1957. Singapore had been granted internal self-government in 1959 and had its own Prime Minister, Mr. Lee Kuan Yew Lee Kuan Yew (lē kwän y, yü), 1923–, prime minister of Singapore (1959–90). , but was still a Crown colony crown colony
n.
A British colony in which the government in London has some control of legislation, usually administered by an appointed governor.
 in which the British government retained control of defense, foreign relations Foreign relations may refer to:
  • Diplomacy, the art and practice of conducting negotiations between representatives of groups or nations
  • Foreign policy, a set of political goals that seeks to outline how a particular country will interact with other countries of the
 and internal security. North Borneo and Sarawak were Crown colonies, each under the authority of its Governor-in-Council. Political representation was more advanced in North Borneo than in Sarawak, an unofficial majority having been granted in North Borneo's Legislative Council in 1960. Brunei was a British Protectorate protectorate, in international law
protectorate, in international law, a relationship in which one state surrenders part of its sovereignty to another. The subordinate state is called a protectorate.
 whose 1959 Constitution had provided for internal self-government, with the British government retaining responsibility for defense, foreign affairs foreign affairs
pl.n.
Affairs concerning international relations and national interests in foreign countries.
 and internal security. Provision was made for popular elections to a legislative council to be held in 1961 but supreme authority remained with the Sultan. The Parti Rakyat Brunei, established in 1956, was the first political party to appear in the three Borneo territories.

At the time of Tunku Abdul Rahman's announcement of the Malaysia proposal, there had been no prior consultations with the governments of Singapore, North Borneo, Sarawak and Brunei, although the suggestion of such an arrangement had been made earlier by British colonial officials, notably Lord Brassey, a Director of the North Borneo Company, in 1894 and Sir Cecil Clementi Sir Cecil Clementi (Chinese Translated Name 金文泰) (1875 - 1947) was a British colonial administrator, who became Governor of Hong Kong. Early life and education
Clementi was born in Cawnpore, India on 1 September, 1875.
, Governor of Malaya and the Straits Settlements Straits Settlements, collective name for certain former British colonies in Southeast Asia. The three British East India Company territories of Pinang, Singapore, and Malacca (see Melaka) were given a unified administration in 1826 and called the Straits Settlements. , in 1930. It was also taken up by Britain's Commissioner-General for Southeast Asia Southeast Asia, region of Asia (1990 est. pop. 442,500,000), c.1,740,000 sq mi (4,506,600 sq km), bounded roughly by the Indian subcontinent on the west, China on the north, and the Pacific Ocean on the east. , Malcolm McDonald, during his term of office from 1949 until 1952. Finally, on 30th January 1960, the Governor of North Borneo, Sir Roland Turnbull, predicted the establishment of a "great Commonwealth member" consisting of the Federation of Malaya, Singapore and the Borneo territories as full partners.

There had also been an alternative official proposal for the closer linking of North Borneo, Sarawak and Brunei in a federation or confederation of British Borneo British Borneo means the two parts of the island of Borneo presently part (alongside the nine hereditary monarchies on the Malay peninsula) of the federation of Malaysia, during the British colonial rule: Labuan (1846-1963) and what was called North Borneo (now Sabah). , which would lead to the independence of the constituent states A constituent state is a government that is part of a larger political entity. For example, California is a constituent state of the United States of America. Denmark is a constituent state of the European Union. The enclave of Nakhichevan is a constituent state of Azerbaijan.  and possibly to their ultimate incorporation in a wider political federation with Malaya and Singapore. This proposal was made by the British Governor of Sarawak, Sir Anthony Abell, on 23rd July 1957 and was later broadcast by him in more detail on 7th February 1958. It received support from indigenous political leaders in North Borneo and Sarawak, notably from Donald Stephens Donald E. Stephens (March 13, 1928 – April 18 2007) was the first mayor of Rosemont, Illinois, USA, and a leading Illinois Republican politician.

Stephens, born in Chicago, is believed to have been the longest-serving mayor in the United States; at the time of his
, a North Borneo Kadazan (indigenous Christian) who envisaged the achievement of independence by this means within two or three years. The proposal was rejected by the Sultan of Brunei, who favored instead a merger with the Federation of Malaya. However, it accorded with the vision of certain Parti Rakyat Brunei activists of a "greater Brunei" with all its "ancient territories," including North Borneo and Sarawak, restored.

As early as 1956, another alternative, the union of Malaya and the Borneo states of North Borneo and Sarawak, had been proposed and by 1960 was being discussed by the United Malays National Organisation The United Malays National Organisation, or UMNO, (Malay: Pertubuhan Kebangsaan Melayu Bersatu), is the right-Wing and the largest political party in Malaysia and a founding member of the Barisan Nasional coalition, which has ruled the country uninterruptedly since  ("UMNO"), the dominant party within Malaya's ruling Alliance coalition government. Finally, there was a strong initiative from Singapore for merger with the Federation of Malaya, motivated primarily at this point by the perceived economic benefits of a common market. In late 1960 the Central Executive Committee of the ruling People's Action Party
This article is about the People's Action Party of Singapore. For other groups with the same name, see People's Action Party (disambiguation).


The People's Action Party (abbrev: PAP
 announced a major policy decision that:
   Merger between Singapore and the Federation is our immediate task
   to be accomplished. But this should not rule out a broader
   association between the Federation, Singapore, Sarawak, Brunei and
   North Borneo--provided all the territories decide that is what they
   want ... It is in everyone's interest in these territories that the
   Federation, Singapore and Borneo should seek strength politically
   and economically by closer association with each other.


The first step towards the fulfillment of Tunku Abdul Rahman's Malaysia proposal came on 23rd August 1961 when he and Singapore Prime Minister, Lee Kuan Yew, reached broad agreement on a merger of the two countries which would give the new Federal government control of defense, foreign affairs and internal security, and the Singapore government continued control of education and labor matters. On 15th November 1961 there was published by the Singapore government a White Paper setting out Heads of Agreement Heads of Agreement

A non-binding document outlining the main issues relevant to a tentative partnership agreement.

Notes:
It is the draft used by lawyers when drawing up the contract. It serves as a guideline for both parties before any documents are legalized.
 for the proposed merger. It was also announced by the British government on 13th October 1961 that Tunku Abdul Rahman had agreed to go to London in November "for discussions with the object of reaching an understanding on the broad issues and to prepare the way for consultation with the Borneo territories without which no commitment could be entered into." The outcome of these talks was a Joint Statement of 23rd November 1961 in which the British and Malayan governments expressed agreement on the desirability of the Malaysia proposal and announced the establishment of a joint government commission "to ascertain the views of the peoples of North Borneo and Sarawak." It was also agreed that the views of the Sultan of Brunei would be sought.

The membership of the Commission, which was to become known as the "Cobbold Commission The Cobbold Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaysia prior to the formation of the Federation of Malaysia on 16 September 1963. See also
  • Reid Commission
" after its Chairman, Lord Cobbold, was announced on 16th January 1962 and it proceeded to hold hearings in North Borneo and Sarawak from 19th February to 18th April. Before the Commission's arrival in Borneo, the colonial governments of North Borneo and Sarawak published official papers strongly supporting the Malaysia proposal and urging the peoples of North Borneo and Sarawak to do likewise in their meetings with its members. In its Report, published on i st August 1962, the Commission came to the following conclusions about the reactions of the peoples of North Borneo and Sarawak to the Malaysia proposal:
   About one-third of the population of each territory strongly
   favours early realisation of Malaysia without too much concern
   about terms and conditions. Another third, many of them favourable
   to the Malaysia project, ask, with varying degrees of emphasis, for
   conditions and safeguards varying in nature and extent: the warmth
   of support among this category would be markedly influenced by a
   firm expression of opinion by Governments that the detailed
   arrangements eventually agreed upon are in the best interests of
   the territories. The remaining third is divided between those who
   insist on independence before Malaysia is considered and those who
   would strongly prefer to see British rule continue for some years
   to come. If the conditions and reservations which they have put
   forward could be substantially met, the second category referred to
   above would generally support the proposals. Moreover once a firm
   decision was taken quite a number of the third category would be
   likely to abandon their opposition and decide to make the best of a
   doubtful job. There will remain a hard core, vocal and politically
   active, which will oppose Malaysia on any terms unless it is
   preceded by independence and self-government: this hard core might
   amount to near 20 per cent of the population of Sarawak and
   somewhat less in North Borneo.


The Report also made a number of unanimous general recommendations, too detailed to enumerate To count or list one by one. For example, an enumerated data type defines a list of all possible values for a variable, and no other value can then be placed into it. See device enumeration and ENUM.  here, which can be seen to have accepted most of the principles embodied in the document known as the "Twenty Points," the important joint statement by North Borneo's political leaders of 29th August 1962 which is dealt with below. Following the publication of the Cobbold Commission's report, the British and Malayan governments made a joint statement on 1st August 1962 accepting its recommendations and announcing that "the proposed Federation of Malaysia should be brought into being by 31st August 1963." The statement also announced the establishment of an Inter-Governmental Committee "to work out the future constitutional arrangements and the form of the necessary safeguards" to be provided for North Borneo and Sarawak. According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the statement,
   These safeguards will cover such matters as religious freedom,
   education, representation in the Federal Parliament, the position
   of the indigenous races, control of immigration, citizenship and
   the State Constitutions.


The Inter-Governmental Committee's task was to recommend amendments to be made by the Malayan Parliament to the constitution of the Federation of Malaya which would provide these "safeguards," the intention being that the amended document would then become the constitutional basis of the enlarged Federation.

Chaired by Britain's Minister of State for Colonial Affairs Colonial Affair (foaled 1990 in Middleburg, Virginia) is an American thoroughbred stallion racehorse. He was sired by 1981 Kentucky Derby and Preakness Stakes winner Pleasant Colony, out of the mare, Snuggle.

Trained by the 1992 U.S.
, Lord Lansdowne The title Lord Lansdowne may refer to either of several people: Before 1784
  • George Granville, 1st Baron Lansdowne (died 1735)
After 1784
Since 1784 Lord Lansdowne has referred to holders of the title of Marquess of Lansdowne.
, the Inter-Governmental Committee consisted of representatives of the governments of Britain, Malaya, North Borneo and Sarawak. After a preparatory meeting in Jesselton, North Borneo, on 30th August 1962, five sub-committees were established which held meetings in North Borneo, Sarawak, and Kuala Lumpur. The Inter-Governmental Committee completed its Report on 27th February 1963. On 9th July 1963 representatives of the governments of Britain, Malaya, Singapore, North Borneo and Sarawak then signed the "Malaysia Agreement" which committed them to membership of the Federation of Malaysia and to acceptance of the constitutional and other arrangements recommended by the Inter-Governmental Committee. On 29th August 1963 the Malayan government announced that the Federation would be inaugurated on 16th September 1963.

Prior to the completion of the inter-Governmental Committee's work, the legislatures of North Borneo and Sarawak welcomed in principle the decision of the British and Malayan governments to establish Malaysia by 31st August 1963. On 12th September 1962 the Legislative Council of North Borneo unanimously passed a motion to this effect, "provided that the terms of participation and the constitutional arrangements will safeguard the special interests of North Borneo ..." On 26th September the Council Negri (state legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system.

The following legislatures exist in the following political subdivisions:
) of Sarawak unanimously passed a similar motion "on the understanding that the special interests of Sarawak will be safeguarded ..." On 1st September 1962 a referendum in Singapore had resulted in overwhelming support for a form of merger with Malaya which would allow Singapore to retain a substantial degree of autonomy.

In response to pressure from the governments of the Philippines and Indonesia, the Malayan government agreed at a conference in Manila in early August 1963 that a United Nations mission should visit North Borneo and Sarawak to ascertain indigenous reactions to the Malaysia proposal and to investigate whether the recent elections held there had been free and properly conducted. The government of Indonesia, in particular, had been critical of the failure to hold a plebiscite plebiscite (plĕb`ĭsīt) [Lat.,=popular decree], vote of the people on a question submitted to them, as in a referendum. The term, however, has acquired the more specific meaning of a popular vote concerning changes of sovereignty, as  in North Borneo and Sarawak on the Malaysia proposal. A United Nations mission, headed by Sir Laurence Michelmore, subsequently visited Borneo and Sarawak from 16th August to 5th September. In his report on the findings of the mission, published on 14th September 1963, United Nations Secretary-General The Secretary-General of the United Nations is the head of the Secretariat, one of the principal organs of the United Nations. The Secretary-General acts as the de facto spokesperson and leader of the United Nations. , U Thant U Thant  

See U Thant.
, concluded: "there is no doubt about the wishes of a sizeable majority of the peoples of these territories to join in the Federation of Malaysia." Nevertheless, when the Federation of Malaysia was inaugurated two days later on 16th September 1963, the governments of the Philippines and Indonesia refused to recognize it.

I will now proceed to examine a further reason why the governments of Malaya and Singapore agreed to merge and why they, together with the British government, wished to include the two Borneo states of North Borneo and Sarawak and, if possible, Brunei, in the proposed federation.

As already mentioned, the initiative for a merger of Malaya and Singapore came originally from Singapore's ruling People's Action Party, but it was resisted for some time by Malaya's dominant party, UMNO, and leading Malay politicians including Prime Minister Tunku Abdul Rahman. The consensus of academic opinion is that a major factor in the Malayan government's eventual agreement to include Singapore in Malaysia On 16 September 1963, Singapore joined the Federation of Malaya together with Sabah and Sarawak to form Malaysia. This marked the end of a 144-year period of British rule in Singapore, beginning from the Founding of modern Singapore by Stamford Raffles in 1819.  was the fear of a left-wing socialist government there, a possibility which loomed large when Prime Minister Lee Kuan Yew's People's Action Party was defeated at a vital by-election on 19th April 1961 and then in the following year suffered a damaging internal split. This endangered en·dan·ger  
tr.v. en·dan·gered, en·dan·ger·ing, en·dan·gers
1. To expose to harm or danger; imperil.

2. To threaten with extinction.
 its absolute parliamentary majority and suggested the possibility of a left-wing victory at the 1964 Singapore elections. Singapore's constitutional position was also due to be reviewed by the British government in June 1963, with the possibility that control over defense, foreign policy and internal security would be assumed by a left-wing government.

While it is the generally held academic opinion that Malay politicians wished to guard against what they perceived as Singapore's potential left-wing radicalism by having control of its internal security, it is also the opinion that they were keenly aware of the need to maintain the "racial balance," i.e., the political and cultural predominance pre·dom·i·nance   also pre·dom·i·nan·cy
n.
The state or quality of being predominant; preponderance.

Noun 1. predominance - the state of being predominant over others
predomination, prepotency
 of the Malays, within the proposed new political configuration. The ethno-religious arithmetic of the Malaysia proposal, according to the reported understanding of Malayan Prime Minister Tunku Abdul Rahman and the senior members of his UMNO party, was that in electoral and more broadly political terms the combined Chinese population of Singapore and Malaya, which outnumbered Outnumbered is a British sitcom that aired on BBC One in 2007.[1] It stars Hugh Dennis and Claire Skinner as a mother and father who are outnumbered by their three children.  the Malay population, would be offset by the "Malay" population of North Borneo and Sarawak. It was generally believed at the time that in his discussions with the British government, Tunku Abdul Rahhman's "price" for taking Singapore into Malaysia was that North Borneo and Sarawak should also be included. In my view, he and other senior Malayan leaders saw the two Borneo states as an essential counter-weight to Singapore within the wider federation. In this connection, I endorse the view of one of the principal academic authorities on the formation of Malaysia that a crucial influence on Tunku Abdul Rahman's ethno-religious calculations was a report made to UMNO by Malaya's Ambassador to Indonesia, Senu bin Abdul Rahman, after a tour of North Borneo and Sarawak in 1960. Describing all the indigenous peoples The term indigenous peoples has no universal, standard or fixed definition, but can be used about any ethnic group who inhabit the geographic region with which they have the earliest historical connection.  of North Borneo and Sarawak as "Malays," Senu concluded that within a federation consisting of Malaya, Singapore, Sarawak, Brunei, and North Borneo, "Malays" would remain in the numerical majority.

However, Tunku Abdul Rahman's personal acquaintance with northern Borneo and its peoples was limited to a short visit to predominantly Malay Brunei in September 1958 and to Sarawak and Brunei in July 1961. In my view, the limits to his knowledge of Borneo's non-Muslim indigenous peoples were reflected in his statement, reported in the newspapers on 24th July 1961, that "From the text-books as the schools and by meeting the Dyaks [sic], I found out that the only difference between the so-called Dyak [sic] language and Malay is in the dialect dialect, variety of a language used by a group of speakers within a particular speech community. Every individual speaks a variety of his language, termed an idiolect.  just as there is a difference in the dialects of Selangor Malays and Kedah or Kelantan Malays." The Dayak (Iban) language is acknowledged by linguists A linguist in the academic sense is a person who studies linguistics. Ambiguously, the word is sometimes also used to refer to a polyglot (one who knows more than 2 languages), or a grammarian, but these two uses of the word are distinct.  as a distinctive language in its own right, not a "dialect" of Malay, although it possesses some similarities to Malay. In a major speech to the Malayan Parliament on 16th October 1961 formally advocating the Malaysia proposal, Tunku Abdul Rahman claimed that the integration of the two Borneo states within Malaya did not present the same problems as Singapore because of the "natural affinity" which existed between them and Malaya:
   From the Federation's point of view, we are linked to the Borneo
   territories not only by proximity and close association but also
   because the Borneo territories have the same type of culture and
   racial origin as the Malayans [i.e., Malays]. We have similar
   customs--except, of course, in their case, they have some peculiar
   local customs but they are local affairs--and we have similar
   problems, economically or otherwise, and we even share the same
   currency ...


In fact, the peoples of the two Borneo states possess a significantly different ethnic, cultural and historical background from that of the Malays. At the time of the negotiations on the Malaysia proposal, ethnic Malays comprised almost 50% of the population of Malaya, with Chinese making up almost 37%. However, the North Borneo official census taken on 10th August 1960 revealed that ethnic Malays there numbered only 1,645 and that it was Islamicized indigenous groups (notably Bajaus and Illanuns, who did not describe themselves as "Malays") who made up most of the state's 37.9% Muslim population. The largest single homogeneous ethnic category was the Kadazan-Dusun grouping of Christian and animist an·i·mism  
n.
1. The belief in the existence of individual spirits that inhabit natural objects and phenomena.

2. The belief in the existence of spiritual beings that are separable or separate from bodies.

3.
 indigenes (30%) who were followed by the Chinese (23%). Furthermore, the Kadazan-Dusun grouping is generally regarded by anthropologists as having a greater ethnic and cultural affinity with some of the peoples of the Philippines, from where they probably migrated in remote times, than with the Malays.

The first reported reaction of the political leaders of North Borneo, Sarawak and Brunei to Tunku Abdul Rahman's Malaysia proposal came on 9th July 1961 from the United Front, which consisted of Ong Kee Hui Ong Kee Hui was a Chinese Malaysian politician and leader of the Sarawak United People's Party.  (Chairman of the Sarawak United People's Party The Sarawak United People's Party (Parti Rakyat Bersatu Sarawak) is a political party in Malaysia. The party is one of the constituent members of the ruling National Front (Barisan Nasional). ), A.M. Azahari (President of the Patti Rakyat Brunei), and Donald Stephens, who shortly afterwards af·ter·ward   also af·ter·wards
adv.
At a later time; subsequently.


afterwards or afterward
Adverb

later [Old English æfterweard]

Adv. 1.
 established North Borneo's first political party, the United National Kadazan Organisation ("UNKO"). Referring to Tunku Abdul Rahman's recent visit to Brunei and Sarawak when he was reported to have said that he saw no need for the merger of North Borneo, Sarawak and Brunei or their independence before federation with Malaya and Singapore, the United Front announced after a meeting in the North Borneo capital of Jesselton (now Kota Kinabalu) that the "British Government should be advised that so far as the wishes of the people in the three [Borneo] territories are ascertainable, 'any plan in accordance with the pronouncements made by Tengku Abdul Rahman Tengku Abdul Rahman may refer to:
  • Tengku Abdul Rahman, the sultan of Johor when Singapore was founded in 1819.
  • Tuanku Abdul Rahman, the first Yang di-Pertuan Agong, the Malaysian king and the Yang di-Pertuan Besar
 in Brunei and Sarawak would be totally unacceptable to the people of the three territories.'"

Donald Stephens was also reported as saying ten days later: "If we join Malaysia, the people who will come and take most of the top jobs will be from Malaya." In a major speech in Singapore on 10th August 1961, Stephens reiterated his belief that North Borneo should first achieve independence before discussing the Malaysia proposal:
   My people feel that if North Borneo joins Malaya now as a state, it
   would in fact mean that North Borneo would become not a state but a
   colony of the federation of Malaya. As I have said before, these
   fears are genuine. Not actually fear or suspicion of the sincerity
   of Malaya to take us on as an equal partner but more the fear that
   by virtue of our status as a British colony we would automatically
   become a second-class state or a colony of Malaya ... We must have
   at least self-government before we can talk, before we, the people
   of the country, can decide for ourselves whether we want to become
   partners in Malaysia. Self-government for us is a pre-requisite to
   final settlement of the Malaysia question.


It is important to note that the Malaysia proposal is generally regarded by political scientists as having acted as a catalyst in the formation of political parties in North Borneo, the first being Donald Stephens' UNKO Party in August 1961, Datu (later Tun TUN, measure. A vessel of wine or oil, containing four hogsheads. ) Mustapha's Muslim-based United Sabah National Organisation ("USNO USNO United States Naval Observatory
USNO United Sabah National Organization (Malaysia) 
") in December 1961 and G.S. Sundang's United National Pasok-momogun Party ("UPKO UPKO United Pasokmomogun Kadazandusun Murut Organization (Malaysia, political party) ") in January 1962. It is also important to note that Donald Stephens, a newspaper owner-editor and member of North Borneo's Legislative Council and Executive Council, was considered by a distinguished American academic visitor to North Borneo at that time as "being picked by more and more insiders as the coming Borneo politician." Due to Stephens' mixed Kadazan and Australian ancestry an·ces·try  
n. pl. an·ces·tries
1. Ancestral descent or lineage.

2. Ancestors considered as a group.



[Middle English auncestrie, alteration (influenced by
 and his relations with the Chinese community by marriage, this observer described him as being "almost uniquely well qualified to represent the multiracial mul·ti·ra·cial  
adj.
1. Made up of, involving, or acting on behalf of various races: a multiracial society.

2. Having ancestors of several or various races.
 Borneo community."

A more positive response to the Malaysia proposal came on 3rd February 1962 in a Memorandum from the Malaysia Solidarity Consultative Committee which had been formed after the Commonwealth Parliamentary Association The Commonwealth Parliamentary Association, previously known as the Empire Parliamentary Association, is an organization, of British origin, which works to support good governance, democracy and human rights.  Regional Meeting in Singapore in July 1961. This meeting had provided the first opportunity for the political leaders of Malaya, Singapore, North Borneo and Sarawak to discuss the Malaysia proposal together. The Malaysia Solidarity Consultative Committee then held a series of four meetings of its own under the chairmanship of Donald Stephens, three of which were attended by Brunei observers. In the 3rd February 1962 Memorandum, general conditions were laid down for the achievement of the Malaysia proposal. Nevertheless, Donald Stephens continued to voice his criticisms of the Malaysia proposal and in Sarawak, the Dayak secretary-general of the Sarawak National Party, Stephen Kalong Ka`long´

n. 1. (Zool.) A fruit bat, esp. the Indian edible fruit bat (Pteropus edulis).
 Ningkan, was strongly critical of those Borneo leaders who favored it.

The United Front's criticism of the Malaysia proposal was sustained until as late as 9th September 1962 when the three constituent parties dispatched a Memorandum to the United Nations Committee on Colonialism colonialism

Control by one power over a dependent area or people. The purposes of colonialism include economic exploitation of the colony's natural resources, creation of new markets for the colonizer, and extension of the colonizer's way of life beyond its national borders.
 designed to internationalize in·ter·na·tion·al·ize  
tr.v. in·ter·na·tion·al·ized, in·ter·na·tion·al·iz·ing, in·ter·na·tion·al·iz·es
1. To make international.

2. To put under international control.
 their anti-Malaysia campaign. The Memorandum called on the United Nations to "intervene in the proposed transfer of sovereignty in Sarawak and Sabah on the ground that such a transfer is a denial to the peoples in these territories of their right to complete independence." Nevertheless, after what I believe was a concerted campaign of persuasion by the governments of Britain and Malaya, together with the vigorous intervention of Singapore Prime Minister, Lee Kuan Yew, there was a conditional acceptance of the Malaysia proposal by Donald Stephens's UNKO party, although G.S. Sundang's UPKO party continued to oppose the arrangement until June 1964 when it announced its acceptance of Malaysia as a fait accompli and merged with UNKO.

In my belief, the promise of M$500 million in economic development funds from the Federal government during the first five years of membership was a major advantage held out to the two Borneo states as an inducement Inducement
Electra

incited brother, Orestes, to kill their mother and her lover. [Gk. Myth.: Zimmerman, 92; Gk. Lit.: Electra, Orestes]

Hezekiah

exhorts Judah to stand fast against Assyrians. [O.T.
 to join Malaysia. At the time of the negotiations on the Malaysia proposal, oil had not been discovered in North Borneo and the timber industry was in its infancy. Consequently, it was dependent on outside financial assistance. Membership of the new Federation meant that North Borneo would have access to Singapore's duty-free goods and its important commodity market, together with private Singapore Chinese investment funds Noun 1. investment funds - money that is invested with an expectation of profit
investment

assets - anything of material value or usefulness that is owned by a person or company
.

Nevertheless, it has been generally agreed by academic commentators that the crucial factor in changing the attitudes of those Borneo leaders, notably Donald Stephens, who had previously been opposed to joining Malaysia, was the question of security, highlighted in early December 1962 by the Brunei Rebellion and by Indonesia's outspoken opposition to the Malaysia proposal. On 30th August 1962, the Parti Rakyat Brunei won 16 seats in Brunei's first general elections on a platform of opposition to the Malaysia proposal. Motions critical of the proposal were submitted in advance by Parti Rakyat Brunei for the first scheduled meeting of the Council, which was postponed several times from September to 5th December 1962. These motions were disallowed by the Speaker. When the latter date was scheduled, Parti Rakyat Brunei submitted another motion in advance calling on the British government to keep Brunei out of Malaysia and to return North Borneo and Sarawak to Brunei's control, the new federation to be granted independence within a year. However, the Speaker of the Council refused to place the motion on the Council's agenda. On 8th December 1962, forces belonging to the underground military arm of Parti Rakyat Brunei seized control of the oilfield at Seria and its police station but failed to take the capital, Brunei Town, and to kidnap the Sultan. Within two weeks they were dislodged and dispersed dis·perse  
v. dis·persed, dis·pers·ing, dis·pers·es

v.tr.
1.
a. To drive off or scatter in different directions: The police dispersed the crowd.

b.
 by British troop reinforcements flown in from Singapore. In the meantime Adv. 1. in the meantime - during the intervening time; "meanwhile I will not think about the problem"; "meantime he was attentive to his other interests"; "in the meantime the police were notified"
meantime, meanwhile
, Parti Rakyat Brunei leader, A.M.Azahari, had announced himself from Manila as Prime Minister of the unified state of Kalimantan Utara Kalimantan Utara (or North Kalimantan) was a state proposed by leftists for the British possessions on Borneo. The goal was to keep from being included with Malaya when it became independent. It was originally proposed by A. M. Azahari.  (northern Borneo) and was subsequently granted political asylum political asylum nasilo político

political asylum nasile m politique

political asylum political n
 by the government of Indonesia which had expressed support for the insurgents Insurgents, in U.S. history, the Republican Senators and Representatives who in 1909–10 rose against the Republican standpatters controlling Congress, to oppose the Payne-Aldrich tariff and the dictatorial power of House speaker Joseph G. Cannon. . It also became apparent that the rebels had received military training in Indonesian Borneo.

In my view, the Brunei Rebellion had the effect of discrediting the alternative Borneo federation proposal, with which Azahari had been closely associated, and enhancing the Malaysia proposal. North Borneo's and Sarawak's political leaders condemned the Rebellion and in late December North Borneo's first direct elections were won almost unopposed by a coalition of parties now supportive of the Malaysia proposal. The possibility of invasion by Indonesia and a long-standing territorial claim to North Borneo by the Philippines had loomed large at a time when the British government was making it clear that it could only defend the Borneo states if they were part of Malaysia. In the view of one distinguished academic commentator, the Malaysian Federation might not have come about without this external pressure.

I shall now discuss Brunei's reaction to the Malaysia proposal. The Sultan of Brunei did not respond favorably to the proposal at first. However, after the Brunei Rebellion of December 1962 he demonstrated a keen interest in pursuing the possibility of Brunei's membership. Contemporary newspaper reports indicate that initial talks between the Brunei and Malayan governments held in March 1963 offered strong hopes of agreement, but more detailed negotiations in London in June broke down and finally failed. The consensus of academic opinion is that the question of Federal government control over Brunei's oil and gas revenue had been the major problem in the negotiations. The Malayan government was believed to have conceded that Brunei should maintain full control of its oil and gas revenue for the first ten years and instead of paying Federal tax, should make an annual contribution of MS50 million to the Federal treasury. However, the Malayan government reportedly insisted that thereafter the power of taxing this revenue should revert to the Federal government, and that it should have immediate control over revenue from any newly-discovered oil or mineral finds. There was also the question of the Sultan of Brunei's precedence in the Council of Rulers who would take it in turn to be Yang di-Pertuan Agong Yang di-Pertuan Agong is a Malay title usually translated as "Supreme Ruler" or "Paramount Ruler", is the official title of the constitutional head of state of the federation of Malaysia.  ("Head of State") of the new Federation for five-year terms. It has been suggested that a "sticking-point" was the Sultan's alleged insistence that he become the first Head of State. However, the predominant academic opinion is that it was Brunei's refusal to accept Federal government taxation of its oil and gas revenue which effectively kept it out of Malaysia.

It will be seen below that the control of revenue from oil and gas also became a major source of contention between the Federal government and the state government of Sabah, first during the Chief Ministership of Tun Mustapha in 1975 and subsequently during the Chief Ministership of Datuk Pairin Kitingan from 1987 to the present.

I shall now discuss the final phase of the negotiations which led to the signing of the Malaysia Agreement on 9th July 1963. One of the documents presented to the Inter-Governmental Committee (which we have seen was established in August 1962 under the chairmanship of Lord Lansdowne to decide on the constitutional details of the Malaysia proposal), was a memorandum signed by Donald Stephens, Datu Mustapha, and other leaders of the five North Borneo political parties which became known as the "Twenty Points," these parties being UNKO, USNO, UPKO, the Democratic Party, and the United Party. This document, dated 29th August 1962, was submitted to the Inter-Governmental Committee with the intention that the principles embodied in it should be incorporated in the Malaysian constitution in order to protect the special rights and interests of the peoples of North Borneo. A similar document consisting of eighteen points was also submitted by Sarawak's political leaders, many of which were similar to the Twenty Points. The Inter-Governmental Committee Report, which we have seen was published on 27th February 1963, reflected most of the principles embodied in the Twenty Points, which then found expression in the Malaysian Constitution or other contemporary legislation. While the Twenty Points document did not possess any legal/constitutional standing, it was clearly looked upon by North Borneo's political leaders as a charter of state rights and the basis of North Borneo's future relationship with the Federal government. It is for this reason, I believe, that Sabah's current political leaders continue to invoke it.

The most important subjects dealt with in the Twenty Points were, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , as follows:

(i) Religion

(ii) Immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important.  

(iii) Native Rights

(iv) Borneonization

(v) Finances

(vi) Constitutional Safeguards

I shall now illustrate the main principles embodied in the Twenty Points and the way in which these were reflected, to a greater or lesser extent, in the Inter-Governmental Committee Report and were ultimately embodied in the new Federal Constitution and other contemporary legislation which complemented it.

Religion. According to Point I of the Twenty Points, "while there was no objection to Islam being the national religion of Malaysia there should be no State religion in Noah Borneo, and the provisions relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 Islam in the present Constitution of Malaya should not apply to North Borneo." The Inter-Governmental Committee Report recommended retention of Article 3 (1) of the Malayan Constitution providing that "Islam is the religion of the Federation; but other religions may be practised practised
Adjective

expert or skilled because of long experience in a skill or field: the doctor answered with a practised smoothness

Adj. 1.
 in peace and harmony in any part of the Federation." However, it also recommended that "the Heads of State of the Borneo States should not be Head of the Muslim religion in the State...." Another concession was made to the representations of the North Borneo leaders in the Report's recommendation that the constitutions of the Borneo states could provide that a two-thirds majority vote of the state legislature would be needed to pass any law controlling or restricting "the propagation of any religious doctrine or belief among persons professing pro·fess  
v. pro·fessed, pro·fess·ing, pro·fess·es

v.tr.
1. To affirm openly; declare or claim: "a physics major
 the Muslim religion." The Report further recommended (i) that "Federal law should not provide for special financial aid for the establishment of Muslim institutions or the instruction in the Muslim religion of persons professing that religion in respect of North Borneo and Sarawak without the concurrence CONCURRENCE, French law. The equality of rights, or privilege which several persons-have over the same thing; as, for example, the right which two judgment creditors, Whose judgments were rendered at the same time, have to be paid out of the proceeds of real estate bound by them. Dict. de Jur. h.t.  of the State Government concerned"; and (ii) that "where federal law provides for special financial aid to Muslim religious education in pursuance of in accordance with; in prosecution or fulfillment of.

See also: Pursuance
 Article (2) [of the Malayan Constitution] the Malaysian Government would grant to the North Borneo and Sarawak Governments proportionate amounts for social welfare purposes in those States." The Malaysian Constitution duly embodied all these recommendations in Articles 161C and 161D.

Immigration. According to Point 6 of the Twenty Points, "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." This was reflected in the recommendations of the Cobbold Commission Report and the Inter-Governmental Committee Report and although not embodied in the Malaysian Constitution, it was embodied in the amended Immigration Act An Immigration Act is a law regulating immigration. A number of countries have had Immigration Acts:
  • Canada
  • Immigration Act, 1869
  • Immigration Act, 1906
 of Malaya (No.27 of 1963) proclaimed pro·claim  
tr.v. pro·claimed, pro·claim·ing, pro·claims
1. To announce officially and publicly; declare. See Synonyms at announce.

2.
 on 26th August 1963.

Native Rights. According to Point 12 of the Twenty Points, "the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya ..." The Inter-Governmental Committee Report reflected this principle by recommending that in its application to North Borneo and Sarawak, the provisions of Article 153 of the Malayan Constitution relating to "Malays" and the special quotas, permits, licenses, and land reserved for them "should be construed as if "Natives" were substituted for "Malays." This recommendation was embodied in Article 161A of the Malaysian Constitution which gave the indigenous peoples of the Borneo states a privileged position similar to that of the Malays in Peninsular Malaysia as defined in Article 153.

Borneonization. Point 8 of the Twenty Points stated that "Borneanisation of the public service should proceed as quickly as possible." This was reflected in the recommendation of the Inter-Governmental Committee Report that
   Borneonisation of the Public Services in the Borneo States is a
   major objective of policy. For a number of years to come special
   arrangements will be necessary to secure this objective and to
   protect the legitimate interests of the Native peoples ...


This principle was not embodied in the Malaysian Constitution but was one of the many important matters left to be dealt with in government-to-government agreements between Federal and state authorities.

Finances. According to Point 11 of the Twenty Points, "North Borneo should have control of its own finance, development funds and tariffs." Differences on the question of financial autonomy could not be reconciled by the Inter-Governmental Committee and it is my view that the North Borneo representatives had to make substantial concessions to the Malayan government in order to save the negotiations on the proposed Federation. Under the formula finally adopted by the Inter-Governmental Committee, there were to be intermediate arrangements until a final agreement could be made which gave the state government a share of revenue. Under Articles 109, 110, 112C, and 112D of the Malaysian Constitution, it was provided that Sabah would derive its revenue from:

(i) Federal capitation CAPITATION. A poll tax; an imposition which is yearly laid on each person according to his estate and ability.
     2. The Constitution of the United States provides that "no capitation, or other direct tax, shall be laid, unless in proportion to the census, or
 and road grants assigned to it in Parts I and

(ii) II of the 10th Schedule;

(iii) Revenues from lands, mines and forests, sales of state land and property, tees for state services etc. as assigned in Part Ill of the 10th Schedule;

(iv) a special annual grant made by the Federal government as assigned in Part IV of the 10th Schedule; and

(v) special sources of revenue assigned to Sabah in Part V of the 10th Schedule, notably "import duty and excise duty on petroleum products," "export duty on timber and other forest produce," motor vehicle registration fees, port and harbor fees and state sales taxes sales tax, levy on the sale of goods or services, generally calculated as a percentage of the selling price, and sometimes called a purchase tax. It is usually collected in the form of an extra charge by the retailer, who remits the tax to the government. .

Constitutional Safeguards. In two important respects, the recommendations of the Inter-Governmental Committee failed to reflect important principles set out in the Twenty Points. Firstly, Point 3 of the Twenty Points stated that:
   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 the 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
   ...


In fact, the work of the Inter-Governmental Committee consisted of drafting amendments to the Constitution of the Federation of Malaya which were then enacted by the Malayan Parliament as the "Malaysia Act." My view is that the North Borneo representatives on the Committee were obliged to accept that, given the constraints of time set by the 31 st August deadline for the establishment of Malaysia, it was practically impossible to draft a completely new document.

Secondly, Point 16 of the Twenty Points stated:
   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 in the State.


The relevant, if somewhat ambiguous, recommendation of the Inter-Governmental Committee Report was as follows:
   It is considered desirable that modifications to the special
   constitutional arrangements made in respect of a Borneo State
   should, subject to the safeguard of the consent of the State
   Government in cases where this is required, be capable of being
   amended to the extent of bringing the State into line with the
   present States of the Federation without the requirement that the
   Federal Bill making such amendment should be supported by the votes
   of not less than two-thirds of the total number of members of the
   Houses of Parliament.


As a consequence of these recommendations, the Malaysian Constitution did not incorporate the safeguards originally required by the North Borneo representatives. In my view, this effectively facilitated subsequent amendment of the Federal Constitution in such a way as to remove most of the provisions which originally gave Sabah and Sarawak a special constitutional status within the Federation. Nevertheless, during the negotiations on the Malaysia proposal, the two Borneo states can, in my view, be seen to have acted as partners, if less than equal partners, with the Malayan and Singapore governments in the discussion of their collective future within the proposed new Federation. The special provisions for North Borneo and Sarawak within the negotiated constitution reflected the reality that their original standing in the Federation was significantly different from that of the constituent states of the Malayan Federation of 1957, i.e., Selangor, Negeri Sembilan Negeri Sembilan (nā`gərē sĕmbē`lən) or Negri Sembilan (nā`grē sĕmbē`lən), state (1991 pop. , Johore, Pahang, Perak, Trengganu, Kelantan, Kedah, Perlis, Penang, and Malacca, whose respective governments had not been officially consulted on the Malaysia proposal and had not been parties to the subsequent negotiations for its realization. A consequence of this was the unsuccessful attempt on the part of the state government of Kelantan to obtain a declaration from the Supreme Court of Malaya either that the Malaysia Agreement and the Malaysia Act of the Malayan Parliament were void or that they were not binding on the state of Kelantan.

Within two years of the signing of the Malaysia Agreement, a series of events commenced which clearly demonstrated, in my view, that the new Malaysian government in Kuala Lumpur had not accepted the constitutional and political principles implicit in Adj. 1. implicit in - in the nature of something though not readily apparent; "shortcomings inherent in our approach"; "an underlying meaning"
underlying, inherent
 the Agreement relating to the special standing of the two Borneo states, preferring instead to treat the enlarged political entity as a unitary state A unitary state is a state or country whose three organs of state are governed constitutionally as one single unit, with one constitutionally created legislature. The political power of government in such states may well be transferred to lower levels, to regionally or locally  necessitating strong centralized government A centralized government is the form of government in which power is concentrated in a central authority to which local governments are subject. Centralization occurs both geographically and politically.  control. This can be seen from:

(i) the dramatic separation of Singapore from the new Federation of Malaysia in 1965;

(ii) the unseating of Sarawak's first Chief Minister, Datuk Stephen Kalong Ningkan, in 1966;

(iii) the overturning and replacement of Tun Mustapha's USNO-led government in Sabah in 1976;

(iv) the creation of new parliamentary seats so as to favor Peninsular Malaysia;

(v) the enactment of a number of amendments to the Federal Constitution

(vi) relating to the special position of the two Borneo states.

These will now be discussed in detail.

The Separation of Singapore. The separation of Singapore from the Malaysian Federation, embodied in an agreement made between the governments of Malaysia and Singapore of 7th August 1965 and announced on 9th August by Tunku Abdul Rahman, is generally regarded as having taken place against the will of the Singapore government, amounting to a de facto [Latin, In fact.] In fact, in deed, actually.

This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate.
 "eviction The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. ." It also took place without any prior consultation with the governments of Sabah and Sarawak. Nor was there any subsequent attempt on the part of the Federal government to have them ratify ratify v. to confirm and adopt the act of another even though it was not approved beforehand. Example: An employee for Holsinger's Hardware orders carpentry equipment from Phillips Screws and Nails although the employee was not authorized to buy anything.  it. The general academic opinion is that while there were other contributory con·trib·u·to·ry  
adj.
1. Of, relating to, or involving contribution.

2. Helping to bring about a result.

3. Subject to an impost or levy.

n. pl.
 factors, the separation of Singapore was precipitated by domestic political considerations. This was the attempt by Lee Kuan Yew's Singapore-based People's Action Party to establish itself in Peninsular Malaysia, becoming the political party of the Malaysian Chinese This is a list of prominent Malaysian Chinese people, categorised by profession. Academicians
  • Khoo Kay Kim - Historian and Professor Emeritus of History in the University of Malaya
Artists
Film
 and ultimately replacing the Malaysian Chinese Association The Malaysian Chinese Association (MCA or Persatuan Cina Malaysia) (Traditional Chinese: 馬來西亞華人公會; Simplified Chinese:  as UMNO's major partner in the ruling Alliance coalition government (the other party being the Malaysian Indian Congress This article may not be compliant with the content policies of Wikipedia. ). it is also believed that the People's Action Party's decision to contest the Peninsular Malaysian elections in April 1964 and its announced intention in November of that year to form a united opposition front contravened what Malaysian Prime Minister Tunku Abdul Rahman and his senior ministers regarded as a "gentlemen's agreement gentlemen's agreement, in U.S. history, an agreement between the United States and Japan in 1907 that Japan should stop the emigration of its laborers to the United States and that the United States should stop discrimination against Japanese living in the United " that Singapore politics and Peninsular Malaysian politics should operate quite autonomously of each other. In this connection, Tunku Abdul Rahman was reported as saying on 21st August 1964: "The first sign of Singapore's attempt to have a hand in to be concerned in; to have a part or concern in doing; to have an agency or be employed in.

See also: Hand
 the affairs of Malaysia was in the latest elections [April 1964] when the PAP (1) (Password Authentication Protocol) An access control protocol for dialing into a network that provides only basic functionality. When the client logs onto the network, the network access server (NAS) requests the username and password from the client and  [People's Action Party] contested some of our constituencies. This was quite contrary to what we agreed."

It is the general academic opinion that the separation of Singapore was construed by many of Sabah's and Sarawak's political leaders as undoing the basis of the 1963 Malaysia Agreement in which Singapore's membership of the Federation offset what they perceived would otherwise have been the predominant influence of Malaya. Although the Malaysian Constitution did not provide for secession or expulsion EXPULSION. The act of depriving a member of a body politic, corporate, or of a society, of his right of membership therein, by the vote of such body or society, for some violation of hi's.  from the Federation, it is my view that Singapore's separation was construed by Donald Stephens to mean that other component states could also secede or be expelled. Responding to the event, Donald Stephens, then Federal Minister for Sabah Affairs, expressed "grave concern" and on 16th August 1965 called for renegotiation of the terms of Sabah's membership of the Federation. When he also mentioned the possibility of holding a state referendum on the issue, Malaysian Prime Minister Tunku Abdul Rahman reportedly obliged him to resign as Federal Minister at the end of that month. In a radio broadcast on 22nd August 1968, the Prime Minister said that any one who intended to secede "by force or by any other action will be regarded as rebels and traitors and we will deal with them as such."

It is my view that Donald Stephens and other political leaders in Sabah viewed the separation of Singapore as dangerously shifting the political balance of the Federation in favor of Peninsular Malaysia's predominant power. Donald Stephens was reported on 20th June 1967 as saying that Malaysia was "moving towards a Unitary State system thinly disguised as a federation" and that he wanted an independent body to "reexamine re·ex·am·ine also re-ex·am·ine  
tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines
1. To examine again or anew; review.

2. Law To question (a witness) again after cross-examination.
" Sabah's status and rights within the Federation. He was further reported as saying: "a number of our safeguards are no longer safe; promises have been broken and although we are supposed to have a Federal system of Government, action taken on the part of the Central Government indicates that the policy is to do away with state rights as soon as possible and all power will be given to Kuala Lumpur."

The removal of Singapore's representation in the Federal Parliament meant that the Kuala Lumpur government could more easily obtain the two-thirds majority needed to amend the Federal Constitution, making possible amendments designed to reduce the special position of the two Borneo states. Under the formula agreed to by the Inter-Governmental Committee, the original allocation of seats in the Federal Parliament was as follows:
Peninsular Malaysia   104
Singapore              15
Sabah                  16
Sarawak                24
Total                 159


Reflecting the balance sought by the Borneo representatives on the Inter-governmental Committee, this distribution made it virtually impossible for the ruling Alliance coalition of Peninsular Malaysia to find the two-thirds parliamentary majority required to amend the Federal Constitution. However, as we shall see below, the separation of Singapore from the Federation and the subsequent creation of new Federal parliamentary electorates meant that the Federal government was able to obtain the necessary two-thirds majority and make significant amendments to the Constitution.

It has also been pointed out by some academic commentators that some of the Sabah leaders were concerned about the Malay-Islamic national cultural ideology which the Federal government in Kuala Lumpur had adopted and was promoting in its campaign of "national integration," which also involved the de-emphasizing of the ethnic distinctiveness of other groups, notably the Chinese. Lee Kuan Yew and his Singapore-based People's Action Party had challenged this policy from its own pluralist plu·ral·ist  
n.
1. An adherent of social or philosophical pluralism.

2. Ecclesiastical A person who holds two or more offices, especially two or more benefices, at the same time.

Noun 1.
, egalitarian e·gal·i·tar·i·an  
adj.
Affirming, promoting, or characterized by belief in equal political, economic, social, and civil rights for all people.
 standpoint which envisaged a "Malaysian Malaysia The phrase "Malaysian Malaysia" was originally used in the early 1960s as the rallying motto of the Malaysian Solidarity Convention, a confederation of political parties formed to oppose Article 153 of the Constitution of Malaysia. ," i.e., a culturally heterogeneous Malaysia in which no single ethnic group would possess special economic privileges of any kind or be acknowledged as possessing religious or cultural preeminence pre·em·i·nent or pre-em·i·nent  
adj.
Superior to or notable above all others; outstanding. See Synonyms at dominant, noted.



[Middle English, from Latin prae
 at a national level.

The Ningkan Affair. 1 shall now consider the "Ningkan affair," which 1 believe demonstrated for the first time that the Federal government in Kuala Lumpur would move swiftly to oust oust  
tr.v. oust·ed, oust·ing, ousts
1. To eject from a position or place; force out: "the American Revolution, which ousted the English" Virginia S. Eifert.
 any chief minister of Sabah or Sarawak who was not to its liking, even when the government of the state was affiliated with the ruling Federal Alliance coalition. More importantly, it also demonstrated that the Federal government was able to enact legislation effectively overriding the state constitutions of the two Borneo states. On 22nd July 1963, Datu Stephen Kalong Ningkan, a Christian Dayak and secretary-general of the Sarawak National Party, was appointed Chief Minister of Sarawak The Chief Minister of Sarawak is the head of the executive branch of the state government in the state of Sarawak, Malaysia. The Chief Minister is appointed by the Yang di-Pertua Negeri (Governor of Sarawak) from the state's Legislative Council.  and leader of the Alliance-affiliated coalition government in the state legislature. (It will be remembered that Datu Ningkan was one of the Sarawak leaders who had spoken out most strongly against the Malaysia proposal in July 1961 and was one of the last to accept it.) On 16th June 1966 the Governor of Sarawak, following representations said to have been made to him by a majority of members [of the state legislature], called on Datu Ningkan to resign. When he refused, the Governor then dismissed him from office the next day. Following a declaration by the High Court of Borneo on 7th September 1966 that the dismissal was void, the Malaysian Head of State on 14th September declared a state of emergency in Sarawak under Article 150 of the Federal Constitution. On 19th September the Federal government passed legislation amending the Sarawak Constitution and empowering the Governor of Sarawak during a fixed period to summon TO SUMMON, practice. The act by which a defendant is notified by a competent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named.  the legislature, suspend standing orders and issue directions binding on the Speaker. And on 23rd September the Governor called a meeting of the legislature which passed a vote of non-confidence in Datu Ningkan, who was dismissed the following day. Another Dayak leader, Penghulu Tawi Sli, was then appointed Chief Minister in Datu Ningkan's place. Datu Ningkan's subsequent action in the High Court of Borneo to reverse the second dismissal was unsuccessful, as was his appeal to the Privy Council Privy Council

Historically, the British sovereign's private council. Once powerful, the Privy Council has long ceased to be an active body, having lost most of its judicial and political functions since the middle of the 17th century.
. The case established beyond challenge the Federal government's right under Article 150(5) of the Malaysian Constitution "to make laws with respect to any matter....," including matters normally regarded as the prerogative An exclusive privilege. The special power or peculiar right possessed by an official by virtue of his or her office. In English Law, a discretionary power that exceeds and is unaffected by any other power; the special preeminence that the monarch has over and above all others,  of state governments under their constitutions. The inference drawn from this by one respected academic authority on Sabah and Sarawak was that "'states' rights' were seen to be held at the pleasure of the Federal government."

It is generally agreed by academic commentators that the principal policy issue which caused conflict between Datu Ningkan and the Federal government in Kuala Lumpur was his insistence on the continued employment of certain senior British expatriate Expatriate

An employee who is a U.S. citizen living and working in a foreign country.
 officials until Sarawakians were trained to replace them--the policy of "Borneonization" whose basic principle, as we have seen, had been accepted in the Inter-Governmental Committee's Report. This was at variance, however, with the Federal government's own policy of "Malaysianization"--of replacing expatriates as quickly as possible with Kuala Lumpur-appointed officials, mostly of Peninsular Malaysian and Malay origin. Although only a small number of Peninsular Malaysian officials were appointed to Sarawak during these early years, they were in predominantly executive departmental positions such as the Federal Secretary, the Director of Education and the Director of Radio Malaysia in Sarawak. Opposition to "Malaysianization" was also expressed by senior Malay politicians in Sarawak who had welcomed the Federation: for example, Datu Abang Othman bin Hj. Moasili expressed the hope in the state legislature on 14th December 1968 that Federal officials "will not keep on continuing to regard themselves as somewhat superior, and by keeping themselves aloof they look somewhat like the former colonialists."

The Berjaya Coup. Subsequent events demonstrated that the Federal government in Kuala Lumpur was also prepared to act against Muslim-dominated state governments in Borneo. It has been generally accepted that the ruling Barisan Nasional Barisan Nasional (National Front or BN) is a major political coalition in Malaysia. Formed in 1973 as the successor of the Alliance (Parti Perikatan), it has ruled Malaysia uninterrupted (its term as the Alliance included) since independence.  multi-party coalition (which had been formed in 1974 as an enlargement enlargement,
n an increase in size.

enlargement, Dilantin,
n.pr See hyperplasia, gingival, Dilantin.

enlargement, idiopathic,
n
 of the former Alliance coalition) was closely involved in the establishment of a new party known as Bersatu Rakyat Jelata Sabah ("Berjaya") in Sabah in July 1975. This resulted in the defeat of Tun Mustapha's U SNO-led government at the state elections in April 1976 and his replacement as Chief Minister by Berjaya President and former state governor, Donald Stephens, who had in the meantime converted to Islam and was known as Tun Fuad Stephens Tun Fuad Stephens, or Tun Haji Mohd. Fuad Stephens, or simply Donald Stephens, was the first Chief Minister of the state of Sabah in Malaysia. He played a fundamental role in bringing the state of Sabah into the Federation of Malaysia in 1963. .

The circumstances leading to what was generally perceived as a Kuala Lumpur-supported coup will be rehearsed briefly as they invite comparison with recent developments in Sabah, particularly with regard to the question of secession from the Federation. Tun Mustapha's well-documented extravagance Extravagance
Bovary, Emma

spends money recklessly on jewelry and clothes. [Fr. Lit.: Madame Bovary, Magill I, 539–541]

Cleopatra’s pearl

dissolved in acid to symbolize luxury. [Rom. Hist.: Jobes, 348]
 at both governmental and personal levels had been given widespread publicity in numerous newspaper and magazine articles in a number of countries and in at least one published book. The Sabah state government was consequently reported to be in serious debt by the beginning of 1975 and the Federal government refused to approve an overseas loan of U S$200 million which it had arranged. Tun Mustapha had also for some time been reportedly resisting the Federal government's request to sign an agreement with Malaysia's national petroleum agency, Petronas, which would have effectively surrendered in perpetuity Of endless duration; not subject to termination.

The phrase in perpetuity is often used in the grant of an Easement to a utility company.


in perpetuity adj. forever, as in one's right to keep the profits from the land in perpetuity.
 all of Sabah's offshore oil and gas revenues in return for a 5% share of annual profits. Large new hydrocarbon reserves had been discovered by Shell in Sabah's coastal waters in 1973.

On 23rd April 1975, Tun Mustapha presented to a meeting of USNO a paper, entitled "The Future Position of Sabah in Malaysia," which canvassed the possibility of Sabah seceding from the Malaysian Federation. It was also alleged that he had secret talks with Indonesian and Philippines leaders about Sabah's independence and his plan to create a new Sultanate, to be known as "Bornesia," incorporating Sabah, Sarawak, Brunei, Indonesian Borneo and possibly the Moro (Muslim) population of the nearby Sulu Archipelago Sulu Archipelago (s`l), island group, 1,086 sq mi (2,813 sq km), the Philippines, SW of Mindanao.  of the southern Philippines. He was also alleged to have supplied arms to Muslim rebels in the southern Philippines. Resigning as governor on 23rd July 1975, Tun Fuad Stephens was reported on 27th July as accusing Tun Mustapha of conspiring to take Sabah out of the Federation and warning him of the consequences:
   Any attempt at UDI [unilateral declaration of independence as was
   done in Rhodesia] would not be possible because the security forces
   in Sabah, including the police force are under the control of the
   Federal Authorities who will undoubtedly be used by the Federal
   Government to put down any attempt at rebellion or attempt at
   declaring Sabah independence.


Apart from removing his control of internal security and police in May 1975, the Federal government took no punitive official action against Tun Mustapha for his widely-reported secessionist ideas. Nor was the Federal government's Anti-Corruption Agency directed to investigate the many damaging public accusations of corruption which had been made against him. However, the Federal government reportedly assisted in the formation of the new Berjaya party, led by Tun Fuad Stephens who resigned as governor to contest the forthcoming elections. In my view the Federal government's support for Berjaya and for Tun Fuad Stephens was conditional on the latter undertaking to sign the agreement with Petronas which Tun Mustapha had reportedly declined to sign. Berjaya was subsequently elected to government in April 1976, with Tun Fuad Stephens as Chief Minister. Immediately after Tun Fuad Stephens's death, together with other senior Berjaya ministers, in an as yet unexplained plane crash on 6th June 1976, Datuk Harris Salleh Harris Salleh, or Datuk Amar Harris bin Mohd Salleh, was the 6th Chief Minister of the state of Sabah, in Malaysia. He was also the president for Parti Berjaya. He held the Chief Minister's post from 1976 to 1985.  became Chief Minister. A week after his assumption of office, he signed the agreement with Petronas.

Electoral Distribution. We have already seen that the separation of Singapore in 1965 significantly altered the balance of parliamentary representation within the Federation in favor of Peninsular Malaysia. While the representation of Peninsular Malaysia has been subsequently increased [from] 104 to 133 seats, that of Sabah and Sarawak has been increased by only four additional parliamentary seats each. In my view, this substantially disproportionate increase in Peninsular Malaysia's parliamentary representation cannot be justified on the grounds of relative population increase. The following table sets out the significant shift in the weighting of parliamentary representation described above:
                        1963     1965     1993

Peninsular Malaysia      104      104      133
Singapore                 15      n/a      n/a
Sabah                     16       16      20
Sarawak                   24       24      28


Constitutional Amendments. Subsequent to the Kuala Lumpur government's ability to achieve a two-thirds parliamentary majority of 120 seats from Peninsular Malaysia itself, a number of important amendments were made to the Malaysian Constitution which, in my view, have almost entirely eroded the special standing of the two Borneo states within the Federation as it was originally negotiated. The principal amendments are as follows:

(i) Under the Constitution (Amendment) Act of 1976, Articles 161C and 161D limiting financial aid to Muslim institutions and religious instruction in Sabah were repealed.

(a) (ii) Under the Constitution (Amendment) Act of 1971 Article 161A, giving the "natives" of Sabah and Sarawak the same privileges within their own states as those enjoyed by the "Malays" in Peninsular Malaysia under Article 153, was repealed. Henceforth From this time forward.

The term henceforth, when used in a legal document, statute, or other legal instrument, indicates that something will commence from the present time to the future, to the exclusion of the past.
, the indigenous peoples of Sabah and Sarawak could properly be referred to as "Malays." The inevitable consequence of this was to deprive de·prive
v.
1. To take something from someone or something.

2. To keep from possessing or enjoying something.
 them of what had been their exclusive enjoyment of quotas relating to the public service, permits and licenses and other privileges conferred under Article 161A.

(ii) Under the Constitution (Amendment)Act of 1976, Article 1 (2) was altered with the effect that the separate listing of the two Borneo states as members of the Federation was eliminated.

It is my belief that this reflects the Federal government's long-term policy that Sabah and Sarawak were to have the same status within the Federation as the constituent states of the original Malayan Federation of 1957. In my view, this is the most politically symbolic of all the amendments to the Constitution relating to Sabah and Sarawak.

I shall now deal with events subsequent to the election of a new state government in Sabah in 1985. In 1984 a new political party was formed in Sabah, known as Parti Bersatu Sabah The Parti Bersatu Sabah (PBS, or United Sabah Party) is a political party in Sabah, east Malaysia. It was registered as a political party on March 5 1985. The founding president was Datuk Joseph Pairin Kitingan, who broke away from the ruling Parti Berjaya because  ("PBS') and led by a Christian Kadazan, Datuk Pairin Kitingan, who had resigned from Berjaya. In the state elections of April 1985, PBS PBS
 in full Public Broadcasting Service

Private, nonprofit U.S. corporation of public television stations. PBS provides its member stations, which are supported by public funds and private contributions rather than by commercials, with educational, cultural,
 won 25 of the 48 seats, which, together with one defection from another party, gave it a simple majority and thus the right to form the government and to have its leader sworn in as Chief Minister. Instead, however, Tun Mustapha, leader of the minority USNO party, made an extraordinary predawn pre·dawn  
n.
The time just before dawn.



predawn adj.
 bid to have himself sworn in as Chief Minister by the state governor. This became the subject of a legal action which eventually resulted in the confirmation of Datuk Pairin as Chief Minister.

In my view, the main reason for the loss of support by USNO and Berjaya and the success of PBS was the perception by many Sabahans that during their terms as Chief Minister, Tun Mustapha (1967-1976) and Datuk Harris Salleh (1976-1985) had actively cooperated with the Federal government in the reduction of Sabah's special status within the Malaysian Constitution. During Tun Mustapha's term as Chief Minister, for example, the USNO-dominated state legislature enacted legislation which replaced English with Bahasa Malaysia Noun 1. Bahasa Malaysia - the Malay language spoken in Malaysia
Bahasa Kebangsaan, Bahasa Melayu, Malaysian

Malay - a western subfamily of Western Malayo-Polynesian languages
 (Malay) as the official language and the principal medium of instruction and to make Islam the state religion. On 1st April 1984 during Datuk Harris's term as Chief Minister, the administration of the island of Labuan, formerly administered by the Sabah government, was transferred to Federal territorial jurisdiction Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant . This enabled Peninsular Malaysians to enter Sabah through Labuan without being subject to the state's immigration controls. In my view, these concessions were made by Tun Mustapha and Datuk Harris to gain favor with and support from the Federal government.

From the time of PBS's surprise election victory on 21S' April 1985, the Federal government, in my view, demonstrated a marked unwillingness to acknowledge and cooperate with the new government headed by Datuk Pairin Kitingan. It failed to criticize the efforts by Tun Mustapha to have himself sworn in as Chief Minister or to take police action against what I believe to have been an organized campaign of bombings and arson planned by local interests to prevent PBS from forming the government. Nor did the Barisan Nasional in Kuala Lumpur agree to accept PBS into the national coalition until as late as June 1986, despite the latter's early application for membership.

The principal reason for this lack of cooperation, later developing into open hostility and active harassment Ask a Lawyer

Question
Country: United States of America
State: Nevada

I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med.
, was, in my view, PBS's commitment to a platform of restoration of state rights commencing with the Sabah state elections of April 1985 and its subsequent invocation invocation,
n a prayer requesting and inviting the presence of God.
 of the Twenty Points as the proper basis for Sabah's relationship with the Federal government. On 2nd January 1987, Dr. Jeffrey Kitingan, younger brother Wiki is aware of the following uses of "'Younger Brother":
  • Younger Brother (music group)
  • Younger Brother (Trinity House) - a title within the British organisation, Trinity House
 of Chief Minister Datuk Pairin Kitingan, issued a public statement in which he said that one of the main sources of unhappiness with the Federal government in Sabah was its apparent non-compliance with the original Twenty Points, which he regarded as the basis for Sabah's joining the Federation. He also stated that it was a common perception "that the federal leadership has been influencing the development of political events in Sabah to the detriment of the ruling party [PBS]." On 13th January 1987 Deputy Prime Minister A Deputy Prime Minister or Vice Prime Minister is, in some countries, a government minister who can take the position of acting Prime Minister when the real Prime Minister is temporarily absent.  Ghafar bin Baba was reported to have challenged PBS to substantiate To establish the existence or truth of a particular fact through the use of competent evidence; to verify.

For example, an Eyewitness might be called by a party to a lawsuit to substantiate that party's testimony.
 the allegations and Dr. Kitingan accordingly produced a long memorandum addressed to the Federal government and entitled "The Twenty Points: Basis For Federal-State Relations For Sabah." After surveying the embodiment em·bod·i·ment  
n.
1. The act of embodying or the state of being embodied.

2. One that embodies: "The flag is the embodiment, not of sentiment, but of history" 
 of the Twenty Points in the Malaysian Constitution and subsequent developments, Dr. Kitingan wrote:
   In conclusion, it is shown that there are a number of critical
   areas in which the Federal government has deviated from the
   original spirit and meaning of the constitutional safeguards
   granted to Sabah at the time of the formation of Malaysia ... The
   principal areas in which there have been clear deviations with
   respect to implementation are those which relate to matters
   pertaining to Immigration, Religious freedom, Borneonisation,
   Citizenship, Education, Finance, and Tariff Arrangements and
   Constitutional safeguards.


I now wish to consider the Yayasan Sabah ("Sabah Foundation") with which Dr. Kitingan has been closely linked since May 1985. A charitable body established by the government of Tun Mustapha in 1966, the official purpose of the Sabah Foundation was to distribute more widely the income earned from the state's timber exports. From 1970 this took the form of annual cash payments to all adults and subsequently of educational scholarships tenable ten·a·ble  
adj.
1. Capable of being maintained in argument; rationally defensible: a tenable theory.

2.
 in peninsular Malaysia and overseas. It is my belief that, in practice, under the USNO-dominated government of Tun Mustapha and the Berjaya government of Datuk Harris Salleh, the cash payments were used to promote the popularity of the ruling coalition. An unofficial "milk-cow" of government, it was financed by substantial timber concessions operated by subsidiaries. With the appointment of Dr. Kitingan as chief executive of the Sabah Foundation by the new PBS state government in May 1985, it was reorganized re·or·gan·ize  
v. re·or·gan·ized, re·or·gan·iz·ing, re·or·gan·iz·es

v.tr.
To organize again or anew.

v.intr.
To undergo or effect changes in organization.
 and a commercial arm was established in the form of Innoprise Corporation Sdn. Bhd., resulting in a rapid improvement of its earnings. Under Dr. Kitingan's direction, the Sabah Foundation's activities were broadened to include a range of rural community development and youth projects throughout the state.

In November 1988 Sabah's Chief Minister, Datuk Pairin Kitingan, requested the services of the Sabah Foundation in terminating a private monopoly exercised over the shipping of logs from Sabah by a Japanese cartel and its local agent, Archipelago Archipelago (ärkĭpĕl`əgō) [Ital., from Gr.=chief sea], ancient name of the Aegean Sea, later applied to the numerous islands it contains. The word now designates any cluster of islands.  Sdn. Bhd., reported as being controlled by former Chief Minister Datuk Harris Salleh and a prominent Sabah Chinese businessman, Datuk Wong Chik Lira. The Foundation's commercial arm, Innoprise Corporation Sdn. Bhd., subsequently attempted to establish a properly regulated agency which would restore government control over the shipping of logs. Although this attempt was unsuccessful, it was reported at the time as having antagonized certain vested commercial interests enjoying close links both with the opposition Berjaya party in Sabah and UMNO in Peninsular Malaysia.

One of Dr. Kitingan's innovations within the Sabah Foundation was the establishment of the Institute for Development Studies, a policy research center or "think tank" designed to guide the state government in its future planning. Part of the work of the Institute for Development Studies was the publication of material intended to canvass issues relating to Federal-state relations, a notable example being "Sabah 25 Years Later 1963-1988" 0989) edited by Dr. Kitingan and his deputy director, Dr. Maximus Ongkili Hon. Datuk Dr. Maximus J. Ongkili is from Sabah, Malaysia. In 2004 he was appointed by Abdullah Badawi as the Cabinet Minister to the Minister in the Prime Minister's Department with a special role promoting National Unity and Integration.

He was born on 26 October, 1953.
. The essays by various authors collected in this publication dealt in detail with the circumstances of Sabah's joining Malaysia, including the principles embodied in the Twenty Points document, and critically reviewed Sabah's subsequent experience within the Federation. The book contains, in my view, an elaboration of the case made out by Dr. Kitingan in his 1987 memorandum referred to above.

In early January 1990, Dr. Kitingan published a New Year's message in which he again raised some of the specific grievances held by the PBS government in relation to the Federal government:

(i) its latitude in allowing a former PBS Federal Deputy Minister to campaign against PBS;

(ii) its discrimination against Chief Minister Datuk Pairin Kitingan through Radio Television Malaysia's refusal to show him in a tourist film intended to promote Sabah;

(iii) its failure to act against the duplication of names on electoral rolls electoral roll ncenso electoral

electoral roll n (Brit) → liste électorale

electoral roll n (BRIT
 and the naturalization naturalization, official act by which a person is made a national of a country other than his or her native one. In some countries naturalized persons do not necessarily become citizens but may merely acquire a new nationality.  and electoral registration of large numbers of illegal immigrants illegal immigrant n. an alien (non-citizen) who has entered the United States without government permission or stayed beyond the termination date of a visa. (See: alien) ;

(iv) its speedy registration of new opposition parties in Sabah; and

(v) its erosion of Sabah state powers in the areas of fisheries fisheries. From earliest times and in practically all countries, fisheries have been of industrial and commercial importance. In the large N Atlantic fishing grounds off Newfoundland and Labrador, for example, European and North American fishing fleets have long , mining and forestry "which might leave the State wholly dependent financially."

In his published message, Dr. Kitingan called specifically for the equal distribution of oil and gas revenue between the Federal and Sabah governments and for greater Sabah representation on Federal government boards and authorities, emphasizing that "our State should rightly be treated as a full partner in the Federation." At the same time, he anticipated that "Sabah and its State Government will face more harrassments [sic] in the years ahead."

I now wish to deal with what Dr. Kitingan reported as a major grievance--the naturalization and electoral registration of illegal immigrant workers from the southern Philippines. The population of Sabah itself, estimated recently at 1.4 million, has been swelled in recent years by illegal immigrant workers from the southern Philippines and Indonesia who are now estimated to number at least 250,000. It has been reported that many of these workers have been given "blue cards" (certificates of naturalization) by the Federal authorities in Sabah and that they accounted for most of the 50,000 new voters reported as having been registered on the electoral rolls in the six months between October 1989 and March 1990. This rapid increase can be compared with an increase of 72,000 over the four years from 1985 to 1989 reported by the Election Commission. (See "RHWR-4", p.21). It has also been reported that practically all of the newly-registered voters are Muslims from the southern Philippines and Indonesia. It is my belief that as they are indebted in·debt·ed  
adj.
Morally, socially, or legally obligated to another; beholden.



[Middle English endetted, from Old French endette, past participle of endetter, to oblige
 to the Federal authorities for their citizenship status and their opportunity to find employment, their political loyalties will be to UMNO Sabah ("UMNO Sabah") the Sabah branch of the party which dominates the ruling Barisan Nasional coalition at Federal level. In my view, their enrollment is likely to have the significant effect of producing Muslim majorities in a number of Federal and state electorates where they did not exist previously, thus facilitating the eventual election of an UMNO Sabah government.

In my view, the Federal government began to pursue a policy of direct harassment of the PBS government in April 1988 when Federal government tax investigators conducted a raid on four PBS leaders, including three state government ministers, searching their homes without prior notice and taking away papers. In June 1989 the Federal government's Anti-Corruption Agency began to investigate Dr. Kitingan, reportedly "leaking" some of the information it gathered to Sabah's opposition parties during the next few months without actually naming him, and then revealing his name in December. This, together with the Federal government's negative response to a number of his requests, led Sabah Chief Minister, Datuk Pairin Kitingan, to complain publicly in November 1989 that "certain Federal leaders" were attempting to topple his government. He noted that a Deputy Federal Minister originally appointed as a PBS member had been allowed by the Barisan Nasional Federal coalition government to retain his post even though he had since resigned from PBS and was leading an opposition party in Sabah opposed to the PBS. Datuk Pairin was also reported as claiming that the Anti-Corruption Agency's investigations of himself and his brother were politically motivated. He noted that the investigations had come on the eve On the Eve (Накануне in Russian) is the third novel by famous Russian writer Ivan Turgenev, best known for his short stories and the novel Fathers and Sons.  of the by-election for the state seat of Ranau. The Anti-Corruption Agency is under the control of the Prime Minister's Department, the responsible Minister then and now being Prime Minister Dr. Mahathir.

On 18th January 1990 in his speech at the USNO annual assembly in Kota Kinabalu, Prime Minister Dr. Mahathir was reported as saying:
   Some Sabahans had been given the opportunity to further their
   education to an [sic] extent of becoming doctors, though not
   necessarily being in the medical line, but apparently they have
   forgotten the benefits of gaining independence through the
   federation, but had instead chosen to create anti-Malaysia
   feelings.


This was, in my belief, a veiled but unmistakable reference to Dr. Kitingan and his colleague, Dr. Maximus Ongkili, of the Institute for Development Studies. Five days later, Dr. Kitingan was arrested on the seven charges of corruption to which I have referred ... The timing of Dr. Kitingan's arrest, coming as it did after his controversial New Year message and the Prime Minister's sharp response to it, suggests to me that the charges were politically motivated.

During the two months before the Sabah state elections of 16th-7th July 1990, there was a series of arrests of four PBS supporters carried out by Federal Police Special Branch officers in connection with an alleged secession "plot" in Sabah. On 25th May 1990, during the annual Kadazan harvest festival harvest festival
Noun

1. a Christian church service held every year to thank God for the harvest

2. any of various ceremonies celebrating the harvest in other religions
, two Kadazans were detained de·tain  
tr.v. de·tained, de·tain·ing, de·tains
1. To keep from proceeding; delay or retard.

2. To keep in custody or temporary confinement:
 under the Internal Security Act. One of them was Benedict Topin, executive secretary of the Kadazan Dusun Cultural Association, chairman of Sabah Air Sabah Air (Malay: Penerbangan Sabah), is an airline based in Sabah, Malaysia. History
The airline was incorporated in 1975 as a private limited company wholly owned by the state government of Sabah, under the purview of the state Ministry of Finance.
 Sdn. Bhd. and a key PBS member. On 10th July 1990, a week before the elections, Tan Sri Abdul Rahim Abdul Rahim (also transliterated Abdur Rahim, `Abd ar-Rahiem, and other ways) is an Arabic theophoric name meaning "Servant of the Merciful". This name may refer to:
  • Shareef Abdur-Rahim (born 1976), an American basketball player
 bin Nor, Deputy Inspector General of the Malaysian Police, was reported as having revealed details of the alleged plot. In my view, the timing of this dramatic allegation suggests that its motive was political. This is supported by the subsequent failure of the Malaysian Police or other Federal authorities to make public any evidence of a secession conspiracy. It is also significant, in my view, that Dr. Kitingan was charged on twelve counts of failure to disclose assets a week after PBS's electoral victory.

At its annual congress held on 15th October 1990, five days before Federal parliamentary elections, the PBS decided to leave the Barisan Nasional Coalition, which it had joined in June 1986, and to join the opposition coalition led by Parti Semangat '46. My view is that this decision expressed the belief of most PBS congress delegates that the Sabah government had not benefited from its time within the ruling national coalition--indeed, that Sabah's general position within the Federation had continued to deteriorate. Chief Minister Datuk Pairin Kitingan was reported as saying after the congress decision that his efforts to obtain certain concessions for the state from the Federal government in return for PBS's continued support for the Barisan Nasional had been unsuccessful.

The PBS announcement brought an angry response from the Barisan Nasional leadership. Deputy Prime Minister and Barisan Nasional secretary-general Abdul Ghafar bin Baba was reported to have described the PBS action as "a dirty political tactics [sic]." Prime Minister Dr. Mahathir himself was reported at the same time to have referred to the PBS presence within the Barisan Nasional coalition as having been like "a thorn in one's flesh" which had "caused the flesh to swell and suppurate sup·pu·rate
v.
To form or discharge pus.


Suppurate
To produce or discharge pus.

Mentioned in: Empyema


suppurate

produce pus.
." In my belief, responsibility for PBS's last-minute switch of political allegiance was attributed by the Prime Minister and his Deputy wholly to the Kitingan brothers. In fact, however, the newspaper reports of the PBS congress where the decision had been made did not indicate that they had advocated the move.

In my view, the campaign of harassment of the Sabah Foundation and Sabah government leadership was stepped up dramatically after the Barisan Nasional had been returned at the Federal elections of October 1990 with a strengthened majority. On 3rd January 1991, Dr. Maximus Ongkili, deputy director of the Institute for Development Studies, was taken in for questioning under the Internal Security Act but was released after a month. On 5th January 1991 Chief Minister Datuk Pairin Kitingan himself was stopped at a roadblock near the Chief Minister's office at the Sabah Foundation in Likas, Kota Kinabalu, and arrested on three charges of corruption. And on 16th January 1991, the manager of Innoprise Corporation Sdn. Bhd., Vincent Chung, was arrested under the Internal Security Act "on suspicion of being involved in a plot to bring about Sabah's secession from Malaysia." He was subsequently served with a two-year detention order signed by the Minister for Home Affairs Minister for Home Affairs may refer to:
  • Minister for Home Affairs (India)
  • Minister for Home Affairs (Singapore)
, Dr. Mahathir.

On 21st February 1991 in a speech at a Kota Kinabalu rally marking the establishment of a branch of UMNO in Sabah, ("UMNO Sabah"), Prime Minister Dr. Mahathir was reported to have said that Dr. Kitingan and the Institute for Development Studies were planning, with the assistance of another country, to take Sabah out of Malaysia and make him its President. The Prime Minister alleged that by raising the "Twenty Point Issue" and accusing the Federal government of neglecting Sabah, Dr. Kitingan and the Institute for Development Studies were spreading hatred for the Federal government and working towards secession. He was reported to have said further on 21st February 1991: "Before, Sabah people never hated the federal government or the National Front," but that since the PBS came to power, statements were made, "especially by Jeffrey Kitingan, to give rise to hatred against the federal [government], and poison the minds of Sabahans."

Prime Minister Dr. Mahathir was reported as saying after the 21st February 1991 rally, when questioned by journalists why Dr. Kitingan remained free when he was fanning anti-Malaysia sentiments: "He [Dr. Kitingan] is free until the government decides he is a threat to the security of the country. At that stage, there are provisions in the law that we can use. If he is not a security risk we don't act." He was also quoted as saying that as there was no evidence of any planned use of violence against the Federal government, "we can still allow the agitators to remain free." No disclaimer was issued by the Prime Minister subsequent to the wide publication of these attributed remarks.

On 13th May 1991, four days after the newly-established UMNO Sabah's first by-election victory in the Muslim-majority seat of Kota Belud Kota Belud is a town located in West Coast Division, in the center of Sabah, east Malaysia on the island of Borneo. Its population was estimated to be around 72337 in 2000, almost evenly divided between ethnic Dusun and Bajau.  where former Chief Minister, Tun Mustapha, successfully represented the new party, Dr. Kitingan was arrested under the Internal Security Act on suspicion of "involvement in a plot to pull Sabah out of Malaysia." On 16th July 1991, the Deputy Home Affairs Minister, Datuk Megat Junid, announced that Dr. Kitingan's detention had been extended for a further two years by a letter signed by the Minister for Home Affairs, Dr. Mahathir. Nothing had been published to suggest that any of Dr. Kitingan's statements or actions subsequent to the Prime Minister's speech of 21 February had in fact made him a "security risk," but on 18th July 1991, Datuk Megat Junid told the Federal Parliament that there might be a White Paper providing details of the secession "plot." "Once investigations are completed," he was reported to have said, "something would be done to convince the public." However, no White Paper has since appeared, which suggests to me that the evidence of the alleged "plot" may not be very convincing to the public.

It is significant, in my view, that Dr. Kitingan's detention under the Internal Security Act took place within six weeks of public statements by Prime Minister Dr. Mahathir (also the minister responsible for the administration of the Internal Security Act) referring to him as a secessionist, an "agitator ag·i·ta·tor  
n.
1. One who agitates, especially one who engages in political agitation.

2. An apparatus that shakes or stirs, as in a washing machine.

Noun 1.
," and a potential threat to the security of Malaysia. It is also significant, in my view, that Dr. Kitingan's arrest took place four days after UMNO Sabah's victory in the Kota Belud by-election. I believe that this result was a political boost for the Prime Minister, suggesting to him that UMNO Sabah was capable of being elected to government in the state in place of PBS.

It is important to understand the crucial role of the Internal Security Act in Malaysian politics in recent years. Inherited from the British colonial government, which introduced it to deal with the aftermath of the Communist terrorist uprising of 1948-1960, the Internal Security Act has, in my view, and in the view of international organizations such as Amnesty International Amnesty International (AI,) human-rights organization founded in 1961 by Englishman Peter Benenson; it campaigns internationally against the detention of prisoners of conscience, for the fair trial of political prisoners, to abolish the death penalty and torture of  and Asia Watch, been employed by the Federal government in recent years to deal not only with key opposition politicians but with dissidents within the Federal ruling coalition. For example, one hundred people, many of them notable opposition politicians, were taken in for questioning in July 1987 in "Operasi Lallang" (Operation Long Grass) and sixty of these were subsequently detained under the Internal Security Act. In this case, a White Paper was published by the Ministry of Home Affairs to justify the application of the Internal Security Act. However, when one of the detainees, opposition politician Karpal Singh Karpal Singh Ram Singh is a Malaysian politician and a lawyer by profession. He is the current chairman of the Democratic Action Party and a member of Parliament for Bukit Gelugor, Penang. He won the seat in the 2004 general election. , subsequently secured his release by applying to the High Court of Malaysia by a writ of habeas corpus Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge
habeas corpus

judicial writ, writ - (law) a legal document issued by a court or judicial officer
, the Act was then amended in June 1989 to exclude this form of application, except in cases of possible procedural irregularity A defect, failure, or mistake in a legal proceeding or lawsuit; a departure from a prescribed rule or regulation.

An irregularity is not an unlawful act, however, in certain instances, it is sufficiently serious to render a lawsuit invalid.
.

Under Section 73(1)(b) of the Internal Security Act, a person can be held for questioning for a maximum of sixty days before the imposition of a maximum two-year detention order, renewable indefinitely, under Section 8(1). There is no provision that the detailed basis of the detention order be made public or that the detained person be brought to trial. It should be noted that the state of emergency for the whole of Malaysia declared by the Malaysian Head of State in May 1969 is still in force, enabling the blanket application of the Internal Security Act.

Under Section II of the Internal Security Act, there is also provision for detainees to appeal to a government-appointed Advisory Board against the allegations made against them. The Advisory Board may recommend to Malaysia's Head of State the release of a detainee de·tain·ee  
n.
A person held in custody or confinement: a political detainee.

Noun 1. detainee - some held in custody
political detainee
 if it believes that the case against him or her is insufficient to justify continued detention. However, the Minister for Home Affairs, who is responsible for the administration of the Internal Security Act, is not bound by these recommendations and is not obliged to state his reasons for rejecting them. l have been informed by Mr. Harjeet Singh of Shearn Delamore, Dr. Kitingan's Malaysian solicitors, and verily ver·i·ly  
adv.
1. In truth; in fact.

2. With confidence; assuredly.



[Middle English verraily, from verrai, true; see very.
 believe that in February 1992 the Advisory Board recommended that Dr. Kitingan be released from detention but that this was rejected by the Minister for Home Affairs, Prime Minister Dr. Mahathir.

In response to a question asked by opposition member, Lim Guan Eng Lim Guan Eng (Chinese : 林冠英; pinyin: Lín Guānyīng) is the Secretary-General of the Malaysian Democratic Action Party (DAP). He is the son of Lim Kit Siang, the Opposition Leader in the Malaysian Parliament, and is married to Betty Chew, another , in the Federal Parliament on 23rd December 1992, Parliamentary Secretary A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with their duties.

In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the
 for Home Affairs, Ong Ka Ting Dato' Seri Ong Ka Ting (Chinese: 黃家定; Pinyin: Huáng Jiādìng) is a Malaysian politician and currently is the president of Malaysian Chinese Association. , stated that Dr. Kitingan was being held under the Internal Security Act for security reasons and not political reasons. In response to an earlier question by opposition member and former detainee, Karpal Singh, seeking the reasons for the rejection of the Advisory Board's recommendation that Dr. Kitingan be freed, the Parliamentary Secretary stated that the Minister's decision could not be questioned. He did not offer any further evidence of Dr. Kitingan's alleged involvement in a secessionist plot in Sabah, or refer to the possibility of a White Paper on the subject which had been mentioned two years earlier.

The case of Dr. Kitingan and the six other Sabahans under detention has been taken up by Amnesty International and Asia Watch, who have published and distributed detailed reports. In its report of October 1991, Amnesty International made the following statement:
   Amnesty International is concerned that the seven detainees from
   the State of Sabah held under the ISA [Internal Security Act]
   without charge or trial may be prisoners of conscience held solely
   for the non-violent exercise of their rights to free expression and
   freedom of association, it recommends to the Government of Malaysia
   that they be released immediately and unconditionally if they are
   not to be formally charged with a recognizable criminal offence and
   promptly tried in public in a court of law according to established
   international standards for fair trial.


In reference to the general use made by the Malaysian government of the Internal Security Act in recent years, the Years, The

the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109]

See : Time
 same Amnesty International report stated:
   Administrative detention is the practice of some countries,
   including Malaysia, of detaining persons by the decision of an
   administrative authority rather than a result of a judicial
   process. Any system of administrative or preventive detention which
   invests an executive authority to detain individuals without charge
   or trial risks being used to circumvent the due process of law and
   the authority of the courts. In such situations, individuals may be
   arbitrarily detained for purposes of harassment or intimidation, as
   a means of facilitating oppressive and illegal interrogation, or to
   silence non-violent critics and political opponents of the
   government exercising their basic human rights such as the rights
   to freedom of expression and belief and to freedom of association.
   These dangers are particularly present where the system of
   administrative detention fails to provide detainees with any
   opportunity for effective remedy of violation of their fundamental
   right through a form of judicial appeal.


In my view, it is significant that Malaysia has not ratified rat·i·fy  
tr.v. rat·i·fied, rat·i·fy·ing, rat·i·fies
To approve and give formal sanction to; confirm. See Synonyms at approve.
 the International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. , the International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976.  or the Convention against Torture and other Cruel, Inhuman in·hu·man  
adj.
1.
a. Lacking kindness, pity, or compassion; cruel. See Synonyms at cruel.

b. Deficient in emotional warmth; cold.

2.
 or Degrading TO DEGRADE, DEGRADING. To, sink or lower a person in the estimation of the public.
     2. As a man's character is of great importance to him, and it is his interest to retain the good opinion of all mankind, when he is a witness, he cannot be compelled to disclose
 Treatment and Punishment. l further believe that it is largely the continued application of the Internal Security Act which has led the United Nations Development Programme to classify Malaysia in the "Low Human Freedom" category.

It is my considered opinion that the Federal government in Kuala Lumpur has been disinclined dis·in·clined  
adj.
Unwilling or reluctant: They were usually disinclined to socialize.


disinclined
Adjective

unwilling or reluctant

 to accept the PBS government of Sabah since the latter's first election to office in 1985 and that from October 1990 it has actively pursued a political strategy designed to replace it with an UMNO Sabah government. The first part of this strategy has been to eliminate the leadership of PBS and of the Sabah Foundation in the belief that the Kitingan brothers are the vital "strong men" whose removal would demoralize de·mor·al·ize  
tr.v. de·mor·al·ized, de·mor·al·iz·ing, de·mor·al·iz·es
1. To undermine the confidence or morale of; dishearten: an inconsistent policy that demoralized the staff.
 and destabilize de·sta·bi·lize  
tr.v. de·sta·bi·lized, de·sta·bi·liz·ing, de·sta·bi·liz·es
1. To upset the stability or smooth functioning of:
 the PBS government. The second part of the strategy has been to establish UMNO Sabah, in place of USNO, providing a bridgehead bridge·head  
n.
1.
a. A fortified position from which troops defend the end of a bridge nearest the enemy.

b. A forward position seized by advancing troops in enemy territory as a foothold for further advance.
 for direct and permanent Federal political influence in the state through UMNO Sabah's eventual replacement of the PBS government. This has meant the abandonment of what had been the previous official policy of the Federal Barisan Nasional coalition (and of its predecessor, the Federal Alliance coalition) not to establish branches of its constituent parties in Sabah or Sarawak.

The third part of the strategy is the current attempt by Tun Mustapha, encouraged I believe by the Federal government, to overturn Sabah's so-called "anti-hop" legislation. Article 18(2)(d) of the Sabah Constitution, enacted by an amendment in May 1986, requires sitting members of the state legislature who wish to change their party allegiance to resign their seats. In my view, this legislation was a response by PBS to the long and continuing history in Sabah and Sarawak of money and other material inducements being systematically and successfully employed to change the party allegiances of sitting members. Similar legislation has recently been enacted by Sarawak's state legislature and has long existed in the Peninsular Malaysian state of Kelantan where the opposition Parti Islam has been in power for most of the period since 1957. However, the Kelantan law was successfully challenged in Malaysia's Supreme Court in 1992. In my view, this strategy is unlikely to be pursued much further because of the possible embarrassment to the Barisan Nasional coalition government of Sarawak which narrowly averted defeat in 1987 when a number of members of the ruling party crossed the floor of the legislature.

It is my belief that the Federal government's political harassment of the Sabah's PBS government has recently been accompanied by measures designed to place financial and economic pressure on the state. In a move officially explained as being designed to conserve forest resources and prevent illegal logging Illegal logging is the harvest, transportation, purchase or sale of timber in violation of national laws. The harvesting procedure itself may be illegal, including using corrupt means to gain access to forests; extraction without permission or from a protected area; the cutting of , Federal Primary Industries Minister, Dr. Lim Keng Yaik Dato' Seri Dr. Lim Keng Yaik (Chinese: 林敬益; Pinyin: Lín Jìngyì) is a Malaysian politician and currently is the national president of Parti Gerakan Rakyat Malaysia since 1980. , announced in February 1991 that the export of round logs and sawn timber from Sabah would in future only be possible by means of Federal licenses issued by the Malaysian Timber Industry Board. Significantly, the same restriction was not imposed on Sarawak, whose exports of timber had reportedly been running at four times those of Sabah. And in December 1992, Dr. Lim Keng Yaik took the extreme step of announcing a "temporary" ban on the export of all sawn logs from Sabah as from 1 January 1993. The ban has in my view threatened the loss of more than 40% of the Sabah state government's independent income, namely the revenue from the export tax on timber.

The allocation of Federal aid funds for development projects can also be seen to have been used for political purposes in Sabah in recent years. For example, the allocation of MS6 million in Federal funds Federal Funds

Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements.

Notes:
These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve
 was announced by Barisan Nasional Secretary-General, Ghafar bin Baba, in April 1991, during a visit to Sabah. This allocation was for rural electrification rural electrification

Project of the U.S. government in the 1930s. As part of the New Deal, the Rural Electrification Administration (REA) was established (1935) to bring electric power to farms, thereby raising the standard of rural living and slowing the migration of farm
 in the Kota Belud area where a by-election was due to take place in the following month. When asked by a Sabah journalist if this allocation amounted to "money politics," Federal politician Datuk Abdul Kadir Abdul Kadir is the name of:
  • Abdul Kadir (cricketer) (1944—2002), Pakistani cricketer
  • Abdul Kadir (poet) (1906—1984), Bangladeshi poet
  • Abdul Kadir (politician), Guyanese politician
  • Abdul Kadir Yusuf (1915—1992), Malaysian politician
 was reported as saying that he preferred to describe it as "development politics." In my view, the two terms were synonymous in this context.

At an administrative level, what I believe to have been a "freeze" by the Kuala Lumpur government on the Sabah state government since October 1990 was expressed in a petty but nonetheless symbolic way by the widely-reported exclusion of Sabah's most senior civil servant, State Secretary Datuk Simon Sipaun, from the annual national Conference of State Secretaries held in April 199 I. Datuk Sipaun had been invited to attend the previous national conference in July 1990.

I wish to refer briefly at this point to what I believe to be the level of knowledge possessed by the principal Federal government protagonists in the debate over Federal versus Sabah state rights. It is now more than thirty years since the negotiations on the formation of the Federation of Malaysia took place and there are very few still-active Federal politicians or political observers who experienced those events. One consequence of this is a notable lack of knowledge and understanding of the basic facts of those negotiations and their significance. Prime Minister Dr. Mahathir himself was reported as saying on 12th September 1991, in response to the call by PBS state assemblyman as·sem·bly·man  
n.
A man who is a member of a legislative assembly.


assemblyman
Noun

pl -men a member of a legislative assembly

Noun 1.
 Datuk Monggoh Orow for a referendum on the issue of remaining in Malaysia, that there had been a referendum at the time of the Malaysia negotiations in which the people of Sabah and Sarawak had decided to "swim or sink" with Malaysia and that there would be no second chance. No referendum or plebiscite was in fact held in Sabah and Sarawak, although as we have seen, one was held in Singapore in September 1962.

Even the late Tunku Abdul Rahman, one of the principal participants in the negotiations leading to the formation of Malaysia, had by early 1987 either forgotten or confused the salient facts of Sabah's entry into the Federation. He was reported as saying in January 1987 that he could not comment on the Twenty Points because they were first raised "too long ago--even before 1963." He continued:
   All I can remember is that the Cobbold Commission headed by Lord
   Cobbold had drawn up the constitution which was accepted by Sabah.
   If I am not mistaken, Sabah readily signed the Malaysia Agreement
   and had accepted the Yang di-Pertuan Agong as the head of Islam in
   the State.


We have already seen that the Constitution, as originally drawn up and enacted following the recommendations of the Inter-Governmental Committee, did not make Malaysia's Head of State the head of Islam in Sabah.

A revealing testament to higher-echelon Federal government bureaucratic bu·reau·crat  
n.
1. An official of a bureaucracy.

2. An official who is rigidly devoted to the details of administrative procedure.



bu
 attitudes to the original negotiations on the Malaysia proposal can be found in the observations reported to have been made to the press in Kota Kinabalu on 14th March 1991 by Malaysia's Inspector-General of Police, Tan Sri Haniff Omar:
   There has been a lot of nonsense in some accusations, like the
   "Twenty Point" [sic] agreement ... I had dug out records of the
   Cobbold Commission reports, Malaysian Solidarity Commission [sic]
   reports, inter-Governmental Commission [sic] reports, the Malaysia
   Agreement and even the Malaysian Constitution just to understand
   the whole issue surrounding the federation. I discovered that there
   were many misleading things in the [Twenty Points] memorandum but
   the fact is that if the intention was good, it could be thoroughly
   researched and better explained ...


At the UMNO general assembly in early November 1992, Malaysian Deputy Prime Minister and Barisan National Secretary-General, Ghafar bin Baba, was widely reported in the Malaysian press as having issued a further challenge to PBS to debate the Twenty Points issue. In view of the fact that Datuk Pairin Kitingan and Dr. Jeffrey Kitingan had been calling for such a debate themselves since as early as 1987, and that by December 1992 Dr. Kitingan (and six other Sabahans) had already been imprisoned im·pris·on  
tr.v. im·pris·oned, im·pris·on·ing, im·pris·ons
To put in or as if in prison; confine.



[Middle English emprisonen, from Old French emprisoner : en-
 without trial for almost two years on allegations of secessionist plotting consequent on his public canvassing of the Twenty Points agenda, this, in my opinion, was an instance of remarkable hypocrisy.

While I have no knowledge of the substance of the seven criminal charges made against Dr. Kitingan, I am convinced that they must be seen in the broader context of issues and the sequence of events which I have outlined above: the history of the negotiations leading up to the formation of Malaysia and the special status achieved within its Constitution by Sabah and Sarawak by virtue of those negotiations; the direct and decisive interventions by the Kuala Lumpur government in the political affairs Political Affairs has several meanings:
  • Political Affairs Magazine, the national magazine published by the Communist Party of the United States
  • In the US government, the Senior Advisor to the President on Political Affairs
 of Sarawak in 1966 and Sabah in 1975; the systematic and almost complete removal of the special constitutional status of Sabah and Sarawak by means of a series of legislative amendments enacted since 1971; and the concerted efforts by the Federal government, particularly marked since October 1990, to unseat the PBS government in Sabah by politically eliminating the two Kitingan brothers and to erect in its place an UMNO Sabah state government unlikely to disturb the pattern of tightening Federal control or to resist the removal of the few remaining special constitutional provisions relating to the two Borneo states.

In overall summary, there is, in my considered view, a clearly discernible dis·cern·i·ble  
adj.
Perceptible, as by the faculty of vision or the intellect. See Synonyms at perceptible.



dis·cerni·bly adv.
 design in the actions of the Malaysian Federal government to remove the special constitutional status of Sabah and Sarawak in the Federation and to place them on the same footing as the component states of Peninsular Malaysia which originally made up the Federation of Malaya. Constitutional and other legislative changes enacted by the Federal government, together with political and administrative interventions administrative intervention Diagnostic medicine Any intervention on the part of an administrative body–eg in a hospital or other health care facility, which is intended to influence a physician's pattern of practice–eg, to ↓ overordering of , have enabled it to exert increasing pressure on the PBS-led state government of Sabah. Furthermore, any voiced objections or resistance to this process on the part of Sabah's Christian political leaders and any invocation by them of the original negotiations and agreements leading up to Sabah's incorporation in Malaysia, notably the Twenty Points, have been treated as evidence of a desire to secede from the Federation and nothing short of treason treason, legal term for various acts of disloyalty. The English law, first clearly stated in the Statute of Treasons (1350), originally distinguished high treason from petit (or petty) treason. Petit treason was the murder of one's lawful superior, e.g. .

Finally, in reference to the way in which the special constitutional position and rights of Sabah and Sarawak have been, in my view, systematically extinguished ex·tin·guish  
tr.v. ex·tin·guished, ex·tin·guish·ing, ex·tin·guish·es
1. To put out (a fire, for example); quench.

2. To put an end to (hopes, for example); destroy. See Synonyms at abolish.

3.
, including the special position and rights of their indigenous inhabitants Indigenous inhabitants (Traditional Chinese: 原居民; Cantonese Yale: Yun4 Geui1 Man4) refers to the residents in the New Territories of Hong Kong, whose ancestors were inhabitants there before the commencement of , and to the resistance this process has aroused in Sabah in particular, it is appropriate to cite the 1972 opinion of Tan Sri Mohd. Suffian bin Hashim, who was later to become Lord President of Malaysia's Supreme Court. In his "Introduction to the Malaysian Constitution" this internationally respected jurist A judge or legal scholar; an individual who is versed or skilled in law.

The term jurist is ordinarily applied to individuals who have gained respect and recognition by their writings on legal topics.


jurist n.
 wrote in relation to amendments made by the Federal Parliament to the Sedition Act Sedition Act: see Alien and Sedition Acts.  in 1970 to "entrench en·trench   also in·trench
v. en·trenched, en·trench·ing, en·trench·es

v.tr.
1. To provide with a trench, especially for the purpose of fortifying or defending.

2.
" (i.e., to place beyond all debate and challenge) Articles 152, 153 and 159 of the Federal Constitution relating to the special rights reserved for Malays in Peninsular Malaysia following the Kuala Lumpur riots of 13th May 1969:
   The bargain arrived at as a result of the give and take and
   compromises of the representatives of the major communities during
   the talks leading to independence, was a solemn pact constituting
   the very foundation of the nation and any attempt to ridicule, or
   deride or whittle away the decisions that have been entrenched in
   the constitution will bring nothing but trouble, and certainly the
   events of 13 May 1969...have shown the nature and scale of the
   disaster that could strike the country should present and future
   generations forget the background to the labours of our
   multi-racial constitution makers, and attempt to disturb the
   delicate balance written into the various articles.


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Type of corporation that evolved in the 16th century in Europe. Under a charter granted by the state's sovereign authority, the company had certain rights and obligations which usually gave it a trading monopoly in a specific geographic area or for a
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adj.
Honoring or preserving the memory of another.

n.
Something that honors or preserves the memory of another.



com·mem
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Island country, western Europe, North Atlantic Ocean.
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Zaini Hj. Ahmd, ed. n.d. The People's Party People's party: see Populist party.  of Brunei: Selected Documents, Petaling Jaya Petaling Jaya (commonly called "PJ" by locals) is a Malaysian city developed as a satellite city of Kuala Lumpur. It is located in the Petaling district of Selangor. Petaling Jaya has an area of approximately 97.2 km², arguably the state of Selangor's largest city. : Insan.

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Bob Reece Robert Scott Reece (born January 5 1951 in Sacramento, California) was a catcher in Major League Baseball. Teams
  • Montreal Expos 1978
External links
  • * Career statistics and player information from Baseball-Reference
 

Professor of History

School of Social Sciences and Humanities

Murdoch University

Western Australia
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Date:Jan 1, 2007
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