MALAYSIA BILL

EXPLANATORY NOTE Tms Bill deals with the position that has arisen by reason of the fact that North Borneo, Sarawak, and Singapore have federated with the existing States of the Federation of Malaya, the Federation now being called Malaysia. It provides that all existing laws shall continue to apply to Malaysia and its States as if the Queen had not ceased to have sovereignty over Malaysia or any of its States, unless any such law is duly altered in the future so as not to apply. Clause 3 applies the Bill to the Cook Islands and the Tokelau Islands. The effect of subctause (2) is that the Bill will be a reserved enactment in the Cook Islands. The result is that neither the Legislative Assembly of the Cook Islands nor the Niue Island Assembly may make any Ordinance containing any provision that is repugnant to the new Act.

Clause 4: Subclause (1 ) consequentially amends subsection (3) of section 3 of the British Nationality and Citizenship Act 1948 ( subsection ( 1) of which provides that citizens of the countries mentioned in subsection (3) shall have the status of British subjects by virtue of their citizenship) by substituting a reference to Malaysia for the present references to the Federation of Malaya and the State of Singapore. Subctause (2) consequentially repeals the Federation of Malaya Act 1957 and so much of the First Schedule to the Cook Islands Amendment Act 1957 (which is the list of reserved enactments) as relates to the Federation of Malaya Act 1957.

No. 112-1 Right Hon. Mr Holyoake

MALAYSIA

ANALYSIS

2. Existing law to apply as if Malaysia were within Her Maiesty's dorninions 3, Application of Act to Cook Islands Title and Tokelau Islands Preamble 4. Consequential amendment and 1. Short Title and commencement repeals

A BILL INTITULED

An Act to make provision as to the operation of the law in relation to Malaysia, and persons and things in any way belonging to or connected with Malaysia, in view of the 5 federation of North Borneo, Sarawak, and Singapore with the States of the Federation of Malaya to form Malaysia WHEREAS on the thirty-first day of August, nineteen hun- dred and fifty-seven, the Federation of Malaya became an independent sovereign member of the Commonwealth: And 10 whereas by the Federation of Malaya Act 1957 it was pro- vided that ali existing law shall have the same operation in relation to the Federation, and to persons and things in any way belonging to or connected with the Federation, as it would have had if Her Majesty the Queen had not ceased to 15 have sovereignty or jurisdiction in and in respect of the Federation or any part thereof: And whereas on the sixteenth day of September, nineteen hundred and sixty-three, North

No. 112-1 2 Malaysia

Borneo, Sarawak, and Singapore (hereinafter referred to as the new States) federated with the existing States of the Federa- tion, the Federation thereafter being called Malaysia: And whereas on that date Her Majesty ceased to have sovereignty or jurisdiction in respect of the new States: 5 BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. Short Title and commencement- ( 1) This Act may be cited as the Malaysia Act 1963. 10 ( 2) This Act shall be deemed to have come into force on the sixteenth day of September, nineteen hundred and sixty-three.

2. Existing law to apply as if Malaysia were within Her Majesty's dominions-(1) All existing law-that is to say, all law which, whether it is a rule of law or a provision of an Act 15 of any Parliament or a provision of any other enactment or instrument whatsoever, has come into force or been passed or made before the commencement of this Act-shall, until pro- vision to the contrary is made by the authority having power to alter that law, have the same operation in relation to 20 Malaysia, to any of the States of Malaysia, and to persons and things in any way belonging to or connected with Malaysia or any of the States thereof, as it would have had if the new States had not become included in Malaysia and if Her Majesty had not ceased to have sovereignty and jurisdiction in 25 respect of Malaysia or of any of the States thereof. ( 2) This section extends to law of, or of any part of, New Zealand or any of the territories referred to in section 3 of this Act.

3. Application of Act to Cook Islands and Tokelau 30 Islands-(1) This Act shall be in force in the following territories: ( a) The Cook Islands: ( b) The Tokelau Islands. ( 2) The Cook Islands Amendment Act 1957 is hereby 35 amended by adding to the First Schedule the following words: "1963, No. 00-- The Malaysia Act 1963 1 The whole Act." Malaysia 3

4. Consequential amendment and repeals- (1) Section 3 of the British Nationality and New Zealand Citizenship Act 1948 is hereby amended by omitting from subsection (3) (as substituted by section 2 of the British Nationality and New 5 Zealand Citizenship Amendment Act 1959) the words "the Federation of Malaya, the State of Singapore", and sub- stituting the word "Malaysia". (2) The following enactments are hereby repealed, namely: (a) The Federation of Malaya Act 1957: 10 (b) So much of the First Schedule to the Cook Islands Amendment Act 1957 as relates to the Federation of Malaya Act 1957.

WELLINGTON, NEW ZEALAND: Printed under the authority of the New Zealand Government, by R, E. OWEN, Government Printer-1963