Parliamentary Debates Dewan Raayat (House of Representatives)

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Parliamentary Debates Dewan Raayat (House of Representatives) Volume V Wednesday, No. 14 21st August, 1963 PARLIAMENTARY DEBATES DEWAN RAAYAT (HOUSE OF REPRESENTATIVES) OFFICIAL REPORT CONTENTS ANNOUNCEMENT BY MR SPEAKER— Message from the Senate [Col. 1499] BILLS— The Immigration Bill [Col. 1500] The Consolidated Fund (Expenditure on Account) Bill [Col. 1538] The Tariff Advisory Board Bill [Col. 1543} DI-CHETAK DI-JABATAN CHETAK KERAJAAN OLEH THOR BENG CHONG, A.M.N., PENCHETAK KERAJAAN KUALA LUMPUR 1964 1497 21 AUGUST 1963 1498 The Honourable ENCHE' K. KARAM SINGH (Damansara). „ CHE' KHADIJAH BINTI MOHD. SIDEK (Dungun). ENCHE' KHONG KOK YAT (Batu Gajah). ENCHE' LEE SAN CHOON, K.M.N. (Kluang Utara). „ ENCHE' LEE SECK FUN (Tanjong Malim). „ ENCHE' LEE SIOK YEW, A.M.N. (Sepang). „ ENCHE' LIM JOO KONG, J.P. (Alor Star). ENCHE' LIM KEAN SIEW (Dato Kramat). ENCHE' LIU YOONG PENG (Rawang). ENCHE' T. MAHIMA SINGH, J.P. (Port Dickson). „ ENCHE' MOHAMED BIN UJANG (Jelebu-Jempol). „ ENCHE' MOHAMED ABBAS BIN AHMAD (Hilir Perak). ENCHE' MOHAMED ASRI BIN HAJI MUDA (Pasir Puteh). ENCHE' MOHAMED NOR BIN MOHD. DAHAN (Ulu Perak). „ DATO' MOHAMED HANIFAH BIN HAJI ABDUL GHANI, P.J.K. (Pasir Mas Hulu). „ ENCHE' MOHAMED YUSOF BIN MAHMUD, A.M.N. (Temerloh). „ TUAN HAJI MOKHTAR BIN HAJI ISMAIL (Perlis Selatan). „ ENCHE' NG ANN TECK (Batu). „ TUAN HAJI OTHMAN BIN ABDULLAH (Tanah Merah). „ ENCHE' OTHMAN BIN ABDULLAH, A.M.N. (Perlis Utara). „ ENCHE' QUEK KAI DONG, J.P. (Seremban Barat). „ TUAN HAJI REDZA BIN HAJI MOHD. SAID, J.P. (Rembau-Tampin). „ ENCHE' SEAH TENG NGIAB (Muar Pantai). „ ENCHE' D. R. SEENIVASAGAM (Ipoh). „ ENCHE' S. P. SEENIVASAGAM (Menglembu). TUAN SYED ESA BIN ALWEE, J.M.N., S.M.J., P.I.S. (Batu Pahat Dalam). „ TUAN SYED HASHIM BIN SYED AJAM, A.M.N., P.J.K., J.P. (Sabak Bernam). „ TUAN SYED JA'AFAR BIN HASAN ALBAR, J.M.N. (Johor Tenggara). „ ENCHE' TAJUDIN BIN ALI, P.J.K. (Larut Utara). „ ENCHE' TAN CHENG BEE, J.P. (Bagan). „ ENCHE' TAN PHOCK KIN (Tanjong). „ ENCHE' TAN TYE CHEK (Kulim-Bandar Bahru). „ TENGKU BESAR INDERA RAJA IBNI AL-MARHUM SULTAN IBRAHIM, D.K., P.M.N. (Ulu Kelantan). DATO' TEOH CHZE CHONG, D.P.M.J., J.P. (Segamat Selatan). ENCHE' TOO JOON HING (Telok Anson). „ ENCHE' V. VEERAPPEN (Seberang Selatan). WAN SULAIMAN BIN WAN TAM, P.J.K. (Kota Star Selatan). WAN YAHYA BIN HAJI WAN MOHAMED, K.M.N. (Kemaman). ENCHE' YAHYA BIN HAJI AHMAD (Bagan Datoh). „ ENCHE' YEOH TAT BENG (Bruas). 1499 21 AUGUST 1963 1500 The Honourable ENCHE' YONG WOO MING (Sitiawan). PUAN HAJJAH ZAIN BINTI SULAIMAN, J.M.N., P.I.S. (Pontian Selatan). TUAN HAJI ZAKARIA BIN HAJI MOHD. TAIB (Langat). ENCHE' ZULKIFLEE BIN MUHAMMAD (Bachok). ABSENT: The Honourable the Minister of Works, Posts and Telecommunications, DATO' V. T. SAMBANTHAN, P.M.N. (Sungei Siput). ENCHE' AHMAD BOESTAMAM (Setapak). ENCHE' MOHAMED DAHARI BIN HAJI MOHAMED ALI (Kuala Selangor). NIK MAN BIN NIK MOHAMED (Pasir Mas Hilir). ENCHE' TAN KEE GAK (Bandar Melaka). WAN MUSTAPHA BIN HAJI ALI (Kelantan Hillir). IN ATTENDANCE: The Honourable the Minister without Portfolio, ENCHE' KHAW KAI-BOH, P.J.K. PRAYERS BILLS (Mr. Speaker in the Chair) THE IMMIGRATION BILL Second Reading ANNOUNCEMENT BY The Deputy Prime Minister (Tun Haji MR SPEAKER Abdul Razak): Mr Speaker, Sir, I beg to move that a Bill intituled "an Act MESSAGE FROM THE SENATE to extend and adopt the Immigration 2 Ordinance, 1959, for Malaysia, and to Mr Speaker: Ahli Yang Berhormat, make additional provision with respect saya hendak mema'alumkan saya telah to entry to the States of Sabah and menerima satu perutusan yang bertarikh Sarawak", be read a second time. 20hb Ogos, 1963, daripada Yang di- Pertua, Dewan Negara, berkenaan As Honourable Members are aware, dengan perkara2 yang tertentu yang since the day that the idea of Malaysia telah di-hantar oleh Majlis ini minta was conceived, the representatives of di-persetujukan oleh Dewan Negara. the Borneo States had made it clear Sekarang saya minta Setia-usaha Majlis that although they accepted the ini supaya membachakan perutusan itu concept of Malaysia in principle, they kapada Majlis ini. considered it essential that in view of the small size of their population and {The Clerk reads the message) the undeveloped nature of their terri­ tories, they should be protected against "Mr. Speaker, unrestricted movement of people into their territories. The Senate has agreed to the following Bill, without amendment : They made their position clear in the Malaysia Solidarity Consultative A Bill to amend the Constitu­ Committee, 1961, and that Committee tion of the Federation and, in explained and discussed this question connection therewith, the Interpre­ at length. That Committee came to the tation and General Clauses Ordi­ conclusion that, while recognising the nance, 1948. need for these territories to achieve rapid progress and development which (Sd) DATO' HAJI ABDUL RAHMAN made it necessary to attract labour and BIN MOHAMED YASIN, technicians from outside, they consi­ (President)" dered that the territories themselves 1501 21 AUGUST 1963 1502 should be in a position to determine provided that the free movement of the rate and the scope of their develop­ persons in the service of the Central ment, taking into account the Government was guaranteed. population problems which such development might create as well as Now, Sir, when the Inter-Govern­ the desirability of keeping in step with mental Committee was appointed by the general trend of development of the Governments of U.K., Federation Malaysia as a whole. The people of of Malaya, Sabah and Sarawak, the Borneo territories were anxious representatives of this Committee went and nervous that by federating with round to various parts of Sabah and the more advanced States in the Sarawak and met leaders of the people present Federation of Malaya and at various levels. In all these meetings, Singapore, their future position in immigration was the subject which their own States should not in anyway they invariably raised with the be prejudiced. The Prime Minister, at Committee. The people asked that one of the meetings of the Solidarity they should have control over immi­ Consultative Committee, gave an assur­ gration. ance that there would be no Now, as a result of all this, the unimpeded migration into the Borneo Inter-Governmental Committee which territories and that when Malaysia is discussed and considered this matter established constitutional provisions very carefully had made the specific whereby control of such movement recommendations on this matter. The would be effected, would be devised recommendations of the Inter-Govern­ by constitutional experts. This assur­ mental Committee are as follows: ance was very much welcomed in the Borneo territories and went a long (a) immigration into Malaysia should remain on the Federal List, but way to calm their fears and anxieties. legislation should be enacted by the Federal Parliament to ensure When the Cobbold Commission that entry into Sabah or Sarawak went to ascertain the views of the would require the approval of the Borneo territories on Malaysia, they State Government except in the also considered this matter very care­ cases mentioned below; fully. Representations were made by all (b) the Federal Constitution should sections of the community in the be amended to enable the Federal Borneo territories to the Cobbold Parliament to legislate to control Commission that they would not agree, the movement of persons between under any circumstances, to allow the existing Federation and a new unrestricted migration into their terri­ State, or between new States on tories. Therefore, the Cobbold Com­ any ground, i.e., not merely by mission in paragraph 148 (g) of its laws relating to security, public Report unanimously recommended that order, public health or the punish­ control over immigration into any ment of offenders; part of Malaysia from outside should rest with the Central Government, (c) the Federal Government should subject to the proviso that such entry undertake to pass before Malaysia into Sabah and Sarawak should also Day a law giving effect to these require the approval of the State arrangements relating to immigra­ Government concerned, but that the tion and coming into operation Federal Government should guarantee on Malaysia Day, the draft of unrestricted entry for purposes of which would be agreed by the employment of persons recruited by Government of the Borneo States the State Government, except on and scheduled to the formal grounds of security. In relation to the agreement for the establishment of question of entry from any other Malaysia; Malaysian territory into Sabah and (d) the Federal Constitution should Sarawak, the Commission recom­ be amended to provide that this mended that this should be subject to law may not be amended or the control of the State concerned, repealed in its application to a 1503 21 AUGUST 1963 1504 Borneo State without the concur­ the State Government, con­ rence of the Government of the siders it necessary in order State concerned; to enable the Federal (e) the Federal Constitution should be Government to carry out its amended to provide that the constitutional and adminis­ provisions referred to in sub­ trative responsibilities or paragraphs (b) and (d) may not be any citizen who enters for amended or repealed in their the purpose of exercising his application to either of the Borneo rights in connection with the States without the concurrence of functioning of parliamentary the Government of the State democracy in Malaysia or concerned; and any part thereof, or any person who belongs to the (/)
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