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Volume m Monday No. 40 )*\ 29th January, 1962 ~ .... '"" PARLIAMENTARY DEBATES

DEWAN RA'AYAT (HOUSE OF REPRESENTATIVES)

OFFICIAL REPORT

CONTENTS

BILL-- The Constitution (Amendment) Bill [Col. 4163]

lJl·TERBITKAN OLEH THOR BENG CHONG, A.M.N., PEMANGKU PENCHETAK KERAJAAN PERSEKUTUAN TANAH MELAYU 1962 Harga: $1 _j ~

FEDERATION OF MALAYA DEWAN RA'AYAT (HOUSE OF REPRESENTATIVES) Official Report

Third Session of the First Dewan Ra'ayat

Monday, 29th January, 1962 The House met at Ten o'clock a.m.

PRESENT: The Honourable Mr. Speaker, DATO' HAJI MOHAMED NOAH mN OMAR, S.P.M.J., D.P.M.B., P.I.S., J.P. the Prime Minister and Minister of External Affairs, Y.T.M. TUNKU ABDUL RAHMAN PuTRA AL-HA.T, K.O.M. (Kuala Kedah). the Deputy Prime Minister, Minister of Defence and Minister of Rural Development, TUN HAJI AnnuL RAZ'AK BIN DATO' HUSSAIN, S.M.N. (Pekan). the Minister of Internal Security and Minister of the Interior, DATO' DR. ISMAIL BIN DATO' HAn ABDUL RAHMAN. P.M.N. (Johar Timar). the Minister of Finance, ENCHE' TAN SIEW SIN, J.P. (Melaka Tengah). .. the Minister of Works, Posts and Telecommunications, DATO' v. T. SAMBANTHAN, P.M.N (Sungai Siput). the Minister without Portfolio, DATO' SULEIMAN BIN DATO' HAn ABDUL RAHMAN, P.M.N. (Muar Selatan). the Minister of Transport, DATO' SAROON BIN HAJJ JuBIR, P.M.N. (Pontian Utara). the Minister of Health and Social Welfare, DATO' ONG YOKE LIN, P.M.N. (Ulu Selangor). the Minister of Commerce and Industry, ENCHE' MOHAMED KHIR BIN JoHARI (Kedah Tengah). the Minister of Labour, ENCHE' BAHAMAN BIN SAMSUDIN · (Kuala Pilah). the Minister of Education, ENCHE' ABDUL RAHMAN BIN HAJJ TALIB (Kuantan). .. the Assistant Minister of Education, ENCHE' ABDUL HAMID KHAN BIN HAJI SAKHAWAT ALI KHAN, J.M.N., J.P. (Batang Padang). .. the Assistant Minister of Rural Development, TUAN HAJJ ABDUL KHALID BIN AWANG OSMAN (Kota Star Utara). ,--

4159 29 JANUARY 1962 4160

The Honourable the Assistant Minister of Commerce and Industry, ENCHE' CHEAH THEAM SWEE (Bukit Bintang). the Assistant Minister of Labour, ENCHE' V. MANICKA­ VASAGAM, J.M.N., P.J.K. (Klang). the Assistant Minister of the Interior, ENcHE' MOHAMED ISMAIL BIN MOHAMED YusoF (Jerai). ENCHE' ABDUL GHANI BIN ISHAK, A.M.N. (Melaka Utara). .. ENCHE' ABDUL RAUF BIN A. RAHMAN, P.J.K. (Krian Laut) . .. ENCHE' ABDUL SAMAD BIN OSMAN (Sungai Patani) . .. TUAN HAJJ ABDULLAH BIN HAJJ ABDUL RAOF (Kuala Kangsar). .. TUAN HAJJ ABDULLAH BIN HAJJ MOHD. SALLER, A.M.N., P.I.S . (Segamat Utara). TUAN HAJJ AHMAD BIN ABDULLAH (Kota Bharu Hilir). ENCHE' AHMAD BIN ARSHAD, A.M.N. (Muar Utara). ENcHE' AHMAD BOESTAMAM (Setapak). .. ENCHE' AHMAD RIN MOHAMED SHAH, s.M.J. (Johor Bahru Barat). TUAN HAJJ AHMAD BIN SAAID (Seberang Utara). ENCHE' AHMAD BIN HAJI YusoF, P.J.K. (Krian Darat). TuAN HAJJ AZAHARI BIN HAJJ IBRAHIM (Kubang Pasu Barat). ENCHE' Aziz BIN ISHAK (Muar Dalam). DR. BURHANUDDIN BIN MOHD. NOOR (Besut). ENCHE' CHAN CHONG WEN, A.M.N. (Kluang Sela.tan). ENCHE' CHAN SIANG SUN (Bentong). ENCHE' CHAN SWEE Ho (Ulu Kinta). ENCHE' CHAN YOON ONN (Kampar). ENCHE' CHIN SEE YIN (Seremban Timor). .. DATIN FATIMAH RTNTI HAJJ HASHIM, P.M.N. (Jitra-Padang Terap). ENCHE' GEH CHONG KEAT (Penang Utara). ENCHE' HAMZAH BIN ALANG, A.M.N. (Kapar). ENCHE' HANAFI BIN MoHD. YuNus, A.M.N. (Kulim Utara). ENCHE' HARUN BIN ABDULLAH, A.M.N. (Baling). ENCHE' HARUN BIN P1Lus (Trengganu Tengah). TuAN HAJJ HASAN ADLI BIN HAJJ ARSHAD (Kuala Trengganu Utara). ENCHE' HASSAN BIN MANSOR (Melaka Selatan). ENCHE' HUSSEIN BIN To' MUDA HASSAN (Raub). ENCHE' HUSSEIN BIN MOHD. NooRDIN, A.M.N., P.J.K. (Parit). TUAN HAJJ HUSSAIN RAHIMI BIN HAJI SAMAN (Kota Bharu Hulu). ENCHE' IBRAHIM HIN ABDUL RAHMAN (Seberang Tengah). .. ENcHE' ISMAIL BIN IDRIS (Penang Selatan) . ,

4161 29 JANUARY 1962 4162

The Honourable ENCHE' KANG KOCK SENG (Batu Pahat). ENcHE' K. KARAM SINGH (Damansara). CHE' KHADIJAH BINTI MoHD. SIDEK (Dungun). ENCHE' LEE SAN CROON (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 Srnw (Dato Kramat). DR. LIM SWEE AuN, J.P. (Larut Selatan). ENCHE' LIU YOONG PENG (Rawang). ENCHE' T. MAHIMA SINGH, J.P. (Port Dickson). ENCHE' MOHAMED BIN UJANG (Jelebu-Jempol). ENCHE' MOHAMFI> ABBAS BIN AHMAD (Hilir Perak). ENCHE' MOHAMED AsRI BIN HAJI MunA (Pasir Puteh). ENCHE' MOHAMED DAHARI BIN HAn MOHD. ALI (Kuala Selangor). ENCHE' MOHAMED NOR BIN MoHD. DAHAN (UJu Perak). DATO' MOHAMED HANIFAH BIN HAJI ABDUL GHANT, P.J.K. (Pasir Mas Hulu). ENCHE' MOHAMED SuLONG BIN MOHD. ALI, J.M.N. (Lipis). ENCHE' MOHAMED YusoF BIN MAHMUD, A.M.N. (Temerloh). TUAN HAJJ MoKHTAR BIN HAJI ISMAIL (Perlis Selatan). NIK MAN BIN NIK MOHAMED (Pasir Mas Hilir). ENCHE' NG ANN TECK (Batu). ENCHE' OTHMAN BIN ABDULLAH (Tanah Merah). ENCHE' 0THM.\N BIN ABDULLAH, A.M.N. (Perlis Utara). TuAN H.\JI REDZ.\ BIN HAJI MOHD. SAID (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. (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 PROCK KIN (Tanjong). ENCHE' TAN TYE CHEK (Kulim-Bandar Bahru). TENGKU BESAR INDER,\ 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) ,-

4163- 29 JANUARY 1962 4164 The Honourable ENCHE' Too JooN HING (Telok Anson). ENCHE' v. VEERAPPEN (Seberang Selatan). WAN MusTAPHA BIN HAn Au (Kelantan Hilir). WAN SuLAIMAN BIN WAN TAM, P.J.K. (Kota Star Selatan). WAN YAHYA BIN HAn WAN MOHAMED (Kemaman). ENcHE' y AHYA BIN HAJI AHMAD (Bagan Datoh). ENCHE' YEOH TAT BENG (Bruas). ENCHE' YONG Woo MING (Sitiawan). PuAN HAJJAH ZAIN BINTI SULAIMAN, J.M.N., P.1.s. (Pontian Sela tan). TUAN HAJI ZAKARIA BIN HAn MOHD. TAIB (Langat). ENCHE' ZULKIFLEE BIN MUHAMMAD (Bachok). ABSENT: The Honourable the Minister of Agriculture and Co-operatives, ENCHE' ABDUL AZIZ BIN ISHAK (Kuala Langat). ENCHE' v. DAVID (Bungsar). TUAN HAJI HASSAN BIN HAJI AHMAD (Tumpat). ENCHE' KHONG KOK YAT (Batu Gajah). ENCHE' QuEK KAI DoNG, J.P. (Seremban Barat). ENCHE' TAN KEE GAK (Bandar Melaka). IN ATTENDANCE: The Honourable the Minister of Justice, TuN LEONG YEW Kott, s.M.N.

PRAYERS principle which is enshrined in our Constitution in which we all strongly (Mr. Speaker in the Chair) believe and which we are pledged to uphold and cherish. However, I also THE CONSTITUTION stated then that as conditions changed (AMENDMENT) BILL and as our young and newly indepen­ dent Nation developed and matured Second Reading and as we gained experience in the The Deputy Prime Minister (Tun working of the Constitution, it was Haji Abdul Razak): Mr. Speaker, Sir, apparent that certain amendments were I beg to move that a Bill intituled "an necessary to meet the changing needs Act to amend the Constitution of the of our people and our country. It is Federation" be read a second time. the duty of the Government to keep the working of our Constitution under Mr. Speaker, Sir, Honourable constant review so that its provision, Members will recall that in moving the wherever necessary, can be adapted second reading of the Constitution to our requirements and our needs. (Amendment) Bill, 1960 I stated that the present constitution of the Federa­ As a result of this review the tion was promulgated on the day we Government put forward certain achieved independence and was the amendments in the 1961 Constitution charter of our Nation and the frame­ (Amendment) Bill which was duly work within which the aims of our approved by this House. In con­ society and the aspirations of our people tinuation of that review the might be achieved through a democratic Government now proposes further process based on the principles of amendments to our Constitution as parliamentary democracy. This is the embodied in this Bill before the House. 4165 29 JANUARY 1962 4166 These amendments, Sir, have only country as their home and object of been put forward after careful con­ their loyalty as citizens so that we sideration lasting more than a year and could build a strong, united and after considering the views of all independent Nation. So generous has sections of the community. Govern­ been our Citizenship policy that a ment fully realises that an amendment number of people have acquired a to our Constitution is a serious and a status to which they have no right solemn undertaking and that it is only and already, 1,400 people have been after careful consideration and having deprived of citizenship which they satisfied itself that it is in the true obtained by means of false representa­ interest of our country and our people, tion. As Honourable Members are that the Government has decided to aware, when the extent of this state of put forward these amendments. affairs became known, Government decided to offer an Amnesty to those These amendments deal with three persons who had obtained citizenship important matters, first ciizenship, improperly and they were permitted to second delimitation of constituencies surrender their certificates without and third Finance. Of these, the first penalty. This Amnesty period ran two are perhaps the most important from July to December 1960 and some and ones which Honourable Members 12,000 people took advantage of the would wish to give a very close Government's offer. scrutiny. Other matters dealt with in the Bill are of much less importance Therefore, Sir, under these circum­ and there is perhaps no need for me stances, it was only right, proper and to dwell on them at great length. prudent that Government should re­ examine our Citizenship provisions to Now, Sir, before turning to the ascertain whether loopholes could not specific provision of the Bill relating be tightened, so that, in the interest of to citizenship, there are one or two our country and in the interests of our general observations which I would people of all races who owe their like to make. The Constitution of the loyalty to this country, people who Federation was promulgated in 1957. have no right to be citizens and who and has thus been in operation for obviously have no attachment to this over four years. It is, I think, fair to country should not be allowed to say that the Citizenship provisions in become citizens. Therefore, in the light the Constitution which were accepted of all these occurrences Government after very careful consideration of the decided to re-examine and review our views of the various communities in Citizenship requirements. this country, were designed on liberal lines. When we achieved independence Now, the first amendment of import­ in 1957, we were engaged in the ance relates to Clause 1 (b) of Article supreme task of launching a newly -14 of the Constitution. This Clause independent country and it was our provides that every person born within intention, the intention of the Alliance the Federation on or after Merdeka Government, that all persons of good­ Day is a citizen by operation of law. will and good conduct and who have This basic principle, Sir, will remain no other home but this country should untouched but the Government only become citizens after they qualify proposes to have one ipinor modifica­ under the conditions laid down in the tion to which I will refer in a moment. Constitution. I am sure, Sir, Honour­ But, Sir, in the true interest of our able Members of this House including country, it is the bounden duty to all Honourable Members of the Opposi­ of us, Members of this House in tion would agree that our Citizenship particular, of all Parties, to see that provisions have been framed in a those who become citizens of our generous manner because it is our country in the future will be truly honest and sincere intention to bring identified with this country and be together all persons who regard this prepared with all good faith and ______.,...... _------·...... ___.,.--~-----.------~

4167 29 JANUARY 1962 4168 sincerity to play their part in the future access to the Federation without being development of this country. It is our required to obtain a permit. I would duty to see that those who are given also like to add that the possession the inalienable rights in our Constitu­ of a red Identity Card will be accepted tion are people who will uphold and as evidence of permanent residence cherish our heritage and defend our (Applause). It is not the intention of country and all that it stands for with Government, as can clearly be seen their lives. As I have just stated, from past action to administer the law paragraph (b) of Clause I of Article 14 so as to cause difficulties to people provides that a child born within the who are genuinely resident in this Federation on or after August 31. country permanently. The intention of 1957, is a citizen by operation of law. Government, as I have said, is to stop There are at present two exceptions those who have no attachment to the to this i.e. a child of a foreign country from acquiring citizenship by diplomat born in this country or a child operation of law. I would also add that of an alien born in any place under it is now proposed to amend Clause enemy occupation. (2) (c) of the Bill in Committee so that it will be clear that this provision will Clause 2 of the Bill, subject to an apply in respect of either parent. amendment in Committee, seeks to add Consequently, a child born within the a third category by providing that a Federation on or after the coming into person will not acquire citizenship by force of the Bill will be a citizen by operation of law by reason of birth in operation of law under Article 14 (1) the Federation, if at the time of the (b) if either of his parents was, at birth neither of his parents was a the time of his birth, a citizen of the citizen or a permanent resident in this Federation or a permanent resident country. This amendment will not, of therein (Applause). course, apply to persons born in the Federation before the amendment Clause 2 (3) of the Bill makes minor comes into force. It will not prejudice amendments relating to Article 14 (1) rights already acquired, nor will it (ti) of the Constitution. As there are operate so as to render the child no Malayan Consulates in Singapore, stateless. Sir, it is only fair, in my Sarawak, Brunei and North Borneo, view, that children of persons who provision is made for the registration have no right to be in this country of births in these territories to be made and who have no attachment to the with the Federal Government. This country should not have the right to amendment merely rectifies an omis­ become citizens by operation of sion in the existing Constitution. law. After discussions with various interested people and in particular at Clause 3 of the Bill relates to Article the request of Members of the Malayan 15 of the Constitution which refers Chinese Association and the Malayan to the acquisition of citizenship by Indian Congress, I propose to move an registration by the wives and children amendment at the Committee stage to of citizens. A woman married to a make this amendment clear and also citizen is entitled under the existing to clarify the meaning of permanent Article 15 (1) to be registered as a residence. Under this amendment, any citizen, but the amendment will restrict person on production of proof will be this right to cases where the lady has able to obtain a certificate from lived continuously in the Federation Government to show that he is for not less than two years, and intends permanently resident, even if he is not to reside here permanently and is of in possession of any document issued good character. under Federal Law to show that he had permission to reside permanently These amendments are to my mind in the Federation. This provision will fair and fully justified, but I can assure apply largely to people from Singapore this House that there will be no difficul­ who, at the moment, are allowed free ties in cases of genuine marriages, that 4169 29 JANUARY 1962 4170 is to say, for a Federal Citizen who tries, should be made available indefi­ genuinely wants to get married outside nitely. It was intended to be temporary and bring his wife to settle here to 'enable persons who are permanently permanently. There are special provi­ resident in this country at the time of sions in the Second Schedule to the Merdeka to obtain citizenship if they Constitution as amended by Clause 27 so wished. It is considered that the (2) of the present Bill regarding the period of 4 years is more than ample calculation of periods of residence and for these people to apply for citizen­ cases will be dealt with sympathetically ship if they had wanted to do so. For under these provisions. It will also be the future it is considered appropriate possible, in genuine cases, for a wife that the citizenship based upon resi­ to obtain permit to live permanently in dence only should be obtained by this country. The new Article 15 (2) naturalization on the ground that those will give discretionary power to seeking this status had made their register any minor child of a citizen home in this country. Article 17 as a citizen on application by his provides for a person to claim citizen­ parent or guardian. ship based on residence qualification and not birth. It has been alleged in It is also proposed at the Committee some quarters that by deleting this Stage to introduce amendments to Article the Alliance Government has Clause 3 of the Bill to make clear that broken its pledge to the people. This, existing provisions of Article 15 (1) Sir, is certainly not true. In its will continue to apply to any woman memorandum to the Reid Commis­ who married . a citizen prior to the sion, the Alliance Party made clear the coming into operation of Clause 3 and distinction between citizenship claims that existing Article 15 (2) will continue founded on birth and those founded to apply in respect of minor children on residence alone. As regards birth, of a person who was a citizen prior Article 16 makes it clear that a person to the c.oming into operation of born in the Federation before Merdeka Clause 3. These amendments will make Day has a right to obtain citizenship it clear that the amendments to if he has the required residential Article 15 of the Constitution will only qualifications. But the Alliance Party apply to cases taking place after the also recommended that those 'aliens' coming into force of the amendments. who had not been born in this country Sir, Clause 4 proposes to introduce but resided here before and after the a new Article 15A which gives the date of Independence should also be Government discretionary power to eligible to become citizens. Therefore, register any minor as a citizen if there it is clear, that persons not born in the are special circumstances. country should only be eligible to become citizens by naturalization and Clause 5 repeals Article 17 of the that granting of citizenship should be Constitution which relates to citizen­ at the discretion of the Government. ship by registration of persons resident Article 19 provides for citizenship by in this country since before Merdeka naturalization which is akin to the Day. Now, Sir, more than 4 years have provision of Article 17. Therefore, Sir, now elapsed since Merdeka and it is no right has been taken away but only thought that ample opportunity has provisions which were intended to be been afforded to persons wishing to temporary to provide facilities for a take advantage of this Article and certain group of people to obtain Article 15 (2) to register themselves or citizenship after Merdeka. Parallel their children as citizens. It was made provision still exists in Article 19 and clear at the time of promulgating the therefore, the right of persons resident present Constitution that Article 17 but not born in this country to obtain was intended to be temporary and it citizenship is still available. is not considered reasonable that facilities such as these, which are not Honourable Members will observe found in Constitutions of other coun- that the repeal of Article 17 is expressed ,.------·--·------~~~------....------

4171 29 JANUARY 1962 4172 to be without prejudice to any applica­ for the naturalisation of members of tion for registration made before the the Armed Forces. In view of the fact coming into operation of this repeal. that citizenship is a requirement on The reason for this saving is, of enlistment into the Armed Forces, this course, that as between applicants who Article is no longer necessary and it have the requisite qualifications for is accordingly decided that it should registration when the repeal comes into be repealed. operation, it would be unfair to dis­ criminate on the ground that one Article 23 of the Constitution relates application may have been dealt with to renunciation of citizenship and and another not. The two cases will Clause 8 of the Bill makes a minor have equal merit and it is due only to amendment to this Article. As the administrative difficulties that they Constitution stands, a citizen cannot will not be able to be dealt with renounce his citizenship unless he is simultaneously. I would also wish to actually a citizen of another country. add, Sir, that after discussion with Certain foreign citizenship laws, how­ Members of the Alliance in this House ever, debar an individual from and at the request of the Malayan becoming a citizen until any previous Chinese Association and the Malayan citizenship has been renounced, and Indian Congress it is intended to give this amendment is designed to facilitate a short period of grace before this that process. Clause is put into effect to enable Article 24 of the Constitution deals those who are eligible and who with deprivation of ~itizenship by genuinely want to become citizens but reason of the acquisition of foreign have not had opportunity to do so, to citizenship or the exercise of foreign apply to register as citizens under the citizenship rights. Clause 9 makes present Article 17 (Applause). certain amendments to that Article. Sir, under Section 1 (c) of the Under Article 24 (2) a person may Schedule to the Bill it is intended to be deprived of his citizenship if the repeal Clause (4) of Article 18. It is Federal Government is satisfied that clearly not conducive to public good he has at any time after Merdeka that a person who has acted in a Day claimed, voluntarily claimed and manner prejudicial to the security of exercised, in a foreign country rights the country should be registered as a available to him under the law of that citizen and it is to this end that the country being rights accorded exclu­ presumption of good character con­ sively to its citizens. For this purpose tained in the existing Article 18 (4) is the exercise of rights conferred on to be deleted. A person who has not citizens of a Commonwealth country been convicted of any criminal offence which are not available to other may nevertheless be a person of bad Commonwealth citizens is deemed by character and it is clearly undesirable the existing Article 24 (3) to be the that such person should be registered exercise in a foreign country of rights as a citizen. accorded exclusively to its citizens. The definition of "Commonwealth country" Sir, I mention just now that persons in Article 160 (2) does not however, who apply for citizenship by naturaliza­ except by special Act of Parliament, tion under Article 19 must have made include Colonies, Protectorates, Pro­ this country their home. Clause 6 of tected States or other territories the Bill therefore seeks to amend that administered by the Government Article by requiring an applicant to of a Commonwealth country. Such have resided in the Federation for territories are, however, included the year immediately preceding the in the definition of "part of the application. Commonwealth". In the context of Article 24 (2), there is no reason to Clause 7 of the Bill repeals Article distinguish between different terri­ 20 which provides special conditions tories within the Commonwealth and "

4173 29 JANUARY 1962 4174 Article 24 (3) is therefore amended to It is essential that citizens who obtained include all such territories. that status by registration or naturalisa­ tion should continue to maintain a Clause 9 (3) of the Bill also close and genuine contact with this introduces new Clause (3A) into country. Article 24. This clause is intended to make it clear that for the purpose of Paragraph 3 of the Schedule of deprivation under Article 24 (2), and Minor and Consequential Amendments under that clause as applied by Article has the effect of deleting Clause (3) of 24 (3), voting in a political election in Article 26 of the Constitution. It will a place outside the Federation be recalled that this particular Clause constitutes the exercise of a right places a 12 months restriction on available under the law of that place, deprivation of citizenship granted by whether the vote is cast in that place mistake. The existing prohibition of or outside it. But whether or not the deprivation under Article 26, unless exercise of a vote is a right exclusively conducive to the public good, is main­ accorded to the citizens of the place tained by a new Article 26B (2) (a). where the election is held-i.e. whether by exercising it a Federal citizen Clause 11 introduces a new Article imperils his citizenship-depends on 26A which provides that where a child whether the law of that place restricts of a citizen has been registered under the franchise to its own citizens. On the new Article 15 (2) the child may, the other hand, the new clause provides if still under the age of 21, be deprived that, after a date to be appointed, of citizenship in the event of his. application for, or the use of, a pass­ parents renouncing or being deprived port of another country will constitute of that status. Under an amendment to the exercise of a right available under be introduced in Committee, the the law of that country exclusively to liability of a child to be deprived of its citizens, and consequently will be a citizenship under this clause will be ground for deprivation. limited to cases where the parent has renounced his citizenship or has been Now, Clause 10 (2) of the Bill deprived under Article 24 (1) (volun­ introduces a new clause in Article 25. tary acquisition of other citizenship) The effect of this clause will be to or Article 26 (1) (a) (Citizenship render a citizen by registration under obtained by fraud). From this it is Article 17 or a citizen by naturalisa­ clear that the child will not be punished tion liable to be deprived of his for the sins of the father. Clause 11 citizenship if, without the approval of also inserts a new Article 26B which the Federal Government, he accepts is designed to ensure that deprivation any office or appointment under a does not result in statelessness, and foreign Government in any case where that it is confined to cases where an oath of allegiance is required in continued citizenship would be con­ respect of such appointment. An trary to the public good. An amend­ amendment to be moved in Committee ment to be moved in Committee will will provide that this new provision except from the provision as to state­ will not have retrospective operation lessness deprivations under Article or apply to acts done before citizenship 26 (1) (a). The result will be that was acquired. deprivation resulting in statelessness will be prohibited except where the citizenship was obtained by fraud or Clause 10 (3) of the Bill reduces misrepresentation. from 7 to 5 years the period of residence abroad which, unless the I come now to Clause 26 which specified conditions are fulfilled, will amends the oath of allegiance which render a citizen by registration under new citizens are required to take. All Article 17, or a citizen by naturaliza­ citizens of the Federation owe allegi­ tion, liable to deprivation. The ance to the Sovereign and this intention of this amendment is clear. amendment is designed accordingly. ------~------·-~-- ·------·-....------·._--+------·------

4175 29 JANUARY 1962 4176

Clause 27 (1) and (3) of the Bill obtaining citizenship under Part III. relate to section 4 of the Second There is an important exception to Schedule to the Constitution, which this, to which I have already referred enables the Minister to delegate his in connection with Article 15. The functions under the Constitution relat­ Minister is given power to allow time ing to citizenship. That section, as it spent in the Federation under the stands, is defective in two respects. authority of a temporary pass to count First it contains a verbal error ("of" towards qualifying for citizenship. instead of "or"). Secondly, the power of delegation conferred by the existing Such then are the citizenship section is unjustifiably wide. No order amendments contained in the Bill. I of deprivation of citizenship has ever will only repeat what I said earlier, been made except by the Minister that these amendments have been personally; and the Government feels proposed after 4 years experience of that the section ought in terms to be the working of the Constitution. limited to matters of machinery only. Honourable Members will agree that Provision is made for the retrospective when it has been discovered that bogus operation of any delegation made citizens have been enrolling in under this amendment within one thousands, the Government would month of its coming into force. The clearly be failing in its duty if action reason for this is that, although no was not taken to correct this state of delegation has ever been made of any affairs. We fully realise the importance of the vital functions of the Govern­ of the citizenship issue in the context ment under Part III of the of present day Malaya, and in framing Constitution, delegations have from these amendments we have kept that time to time been made of purely principle very much in mind. In administrative functions. Having short, our object has been to make regard to the verbal error I have our citizenship procedure realistic; to already mentioned, and to the some­ place no hindrance on the bona fide what . complicated history of, the applicant who is prepared to play his Second Schedule-at one time the part in building the new Malaya, but registration authority was the Election at the same time to ensure that the Commission; later the Minister took stream of bogus citizens who have been over the administration as well as the acquiring that status during the last substantial powers-it seems desirable 4 years is obviated. to have a clear provision for validating Sir, I will now deal with those parts former delegations, provided that they of the Bill which relate to the fall within the scope of the delegations delimitation of constituencies and which the Minister is now empowered connected matters. These are Clauses to make. 14, 20, 22 and 31 of the Bill. Broadly, it is proposed to retain the existing Clause 27 (2) of the Bill amends number of 104 members of the House section 20 of the Second Schedule of Representatives and to lay it down which defines residence for the purpose that in future, the final authority for of Part III of the Constitution. Under the delimitation of constituencies will the proposed amendments, periods of be the Dewan Ra'ayat instead of the service on Government duty outside Election Commission. this country will count for residence, but periods in which a person was not The amendment in Clause 14 of the lawfully resident in the Federation, or Bill proposes to retain the existing was only temporarily resident under figure of I 04 members for the Dewan any pass or exemption order issued Ra'ayat. This figure, as Honourable or made under the Immigration Members are aware was obtained by Ordinance, 1959, or was in lawful doubling the fifty-two constituencies custody (other than in a mental created for the elections to the last hospital) in the Federation, may not be Federal Legislative Council in 1955. treated as residence for the purpose of It is considered that in view of the 4177 29 JANUARY 1962 4178 localities that have developed 'in rela­ limiting constituencies. These are tion to the existing constituencies since known and accepted principles and that time, there is merit for such were taken into account when delimit­ retention. I am sure Honourable ing the present constituencies. There is Members will agree with me that the therefore no new principle which has present set-up bas worked very been brought in. One of these principles satisfactorily. Therefore, to alter these is the weightage of rural constituencies constituencies, reducing the total for area. Basically, the number of membership to 100, as at present electors in each constituency ought to required by the Constitution, would be approximately equal except that, only invite administrative complica­ having regard to the greater difficulty tions and also result in considerable of reaching electors in country districts expenditure and inconvenience. and other disadvantages affecting rural constituencies, weightage for area may Clauses 20, 22 and 31 relate to the be given to rural constituencies to the procedure for altering the boundaries extent that in certain instances rural of constituencies. Under ~be present constituencies mav contain as little as proposals, the Elections Commission, half the number of electors in an urban after holding a review as the Con­ constituency. This is not a new stitution provides, will formulate principle. It is to be found in the provisional recommendations, framed existing Constitution and is accepted in accordance with the principles set in other countries. The percentage of out in Part I of the new Thirteenth weightage now suggested is that Schedule introduced by Clause 31. The recommended in the Report of the recommendations will be published, Committee appointed in 1953 to and the Commission will revise them examine the question of elections to in the light of any representations the Federal Legislative Council. In received and submit them to the Prime other words. the purpose of this Minister. The results of the Com­ amendment is merely to permit the mission's work will be laid before the retention of the existing constituencies Dewan Ra'ayat and unless the and not to bring in any new principle. Commission has recommended no change the Prime Minister · will lay I will now deal with amendments a draft Order giving effect to the proposed to financial provisions of the Commission's recommendations, with Constitution. Clause 12 seeks to amend or without modifications. On the draft Article 35 (I) of the Constitution, Order being approved by not less than which at present requires Parliament half of the total number of members by law to provide a Civil List of the of the House, it will be submitted to Yang di-Pertuan Agong and also a His Majesty for the making of an Civil List of the Raja Permaisuri Order in terms of the draft. The Order Agong. It would appear· inappropriate will not affect constituencies until the to have two Civil Lists and it has in following General Election. The pro­ fact been the practice for the provision cedure for altering boundaries is for the Raja Permaisuri Agong to be based upon that adopted in the United included in the Civil List of the Yang Kingdom, by the House of Commons di-Pertuan Agong. The amendment (Redistribution of Seats) Acts, 1949 now provides for a single Civil List and 1958 and I am sure Honourable which will include provisions for the Members will agree that the proper Raja Permaisuri Agong. authority for deciding on the delimita­ tion of constituencies is this House. The next financial amendment is in Clauses 17 which I will take together Honourable Members will observe with Clause 19 later. In the mean­ that Section 2 of the new Thirteenth time I will deal with Clause 18. Article Schedule specifies certain general 99 (1) of the Constitution at present principles 'f hich, as far as possible, requires the Yang di-Pertuan Agoing are to be rken into account in de· in respect of every financial year to r------~

4179 29 JANUARY 1962 4180 cause to be laid before the House of minerals mined within their borders Parliament a statement of the estimated and the Federal Government is entitled receipts and expenditure of the to impose export duties thereon. It is Federation for that year and, unless clearly inequitable that any mine Parliament in respect of any year should have to pay both royalty and otherwise provides, that statement export duty on the same product or shall be so laid before the commence­ that the same product should pay ment of that financial year. It may well different rates of royalty depending happen, as in the case of the Budget upon the State in which it is situated. for this year that, it is not practicable Experience has shown that it is not or convenient for the Budget debate always easy to obtain agreement to begin before the beginning of the between the States and the Federal year to which the Budget relates. In Government on the rate of taxation to such a case it would still be necessary be imposed on any particular mineral for the Estimates of Expenditure to be or the share of such taxation which laid on the Table before the beginning should be retained by the Federal of the year, since otherwise Ministries Government and the State Govern­ and Departments would have no basis ment concerned respectively. To over­ for their operations after 31st come this difficulty it has been decided December. It would clearly be un­ to amend Article 110 of the Constitu­ desirable, however, for the Revenue tion so as to enable Parliament to Estimates to be made public before legislate on the proportion of export the Minister of Finance had announced duty which is to be paid over by the any proposed changes in the tax Federal Government to the States in structure in his Budget Speech. The respect of each mineral and the condi­ first part of Clause 18 therefore makes tions to which such assignment will it possible for the 'publication of the be subject. The proposed paragraph Revenue Estimates to be delayed until (3A) of Article 110 gives the necessary after the beginning of the new finan­ power whilst at the same time cial year. recognising that the individual States have a valid claim to a share of the The second part of Clause 18 seeks revenue derived from any. mineral to add another paragraph to Clause mined within their respective borders. (3) of Article 99, which specifies the categories of payments for which As Parliament will provide for the provision does not have to be included States to receive a fair proportion of in the annual Estimates, namely, the export duty on minerals, it follows payments from the proceeds of loans that the States' power to impose raised for specific purposes and from royalties or similar charges should also trust monies. The trust funds with be subject to such limitations as Parlia­ which the existing paragraph (b) of ment sees fit to impose. Such limita­ Clause (3) of this Article is obviously tions can be imposed in future by intended to deal are monies of which virtue of the proposed paragraph (3B) the Federation is not the beneficial of Article 110 of the Constitution. owner but which it has received subject One of the main objectives of amend­ to a trust. The suggested new para­ ing Article 110 is to ensure uniformity graph (c) would cover the case of of treatment of mines throughout the Government monies appropriated to Federation. It has been decided there­ statutory trust funds in accordance fore that Clause (4) of Article 76 of with the procedure laid down by the Constitution should be amended so Section 10 of the Financial Procedure as to enable Parliament to legislate on Ordinance, 1957. the terms of mining leases. By virtue of such legislation Parliament would I will now deal with Clauses 17 and be able to ensure not only the 19. Under the existing provisions of uniformity of mining leases throughout the Constitution, State Governments the country but also that excessive are entitled to impose royalty on burdens are not placed on individual . ~

4181 29 JANUARY 1962 4182 mines by· the insertion of high rates provision". If for example, a Bill of premium and other onerous condi­ provides for establishing a new tions in the. terms of individual leases. Government service, which will inevitably involve expenditure, is that The House should know that the a Bill making provision for Expendi­ States have been receiving the pro­ ture? This amendment proposed by ceeds of the 10% ad valorem export Clause 16 will make it clear that duty on iron ore ever since the begin­ Article 67 covers both direct and ning of 1956. Nearly all the past duty indirect financial consequences. But has been paid over, but there are a the Government realises that it would few cases where the exact amounts have be wrong to go too far and to not yet been verified; the payments prevent any amendment being in these cases will be made as soon as moved by a private member if it had we know the figures. These past pay­ any financial consequences, however ments have been extra statutory, remote. To avoid this Clause 16 is though the States may well think them drafted so that Article 67 will only nonetheless beneficial for that. The operate if the Minister of Finance present amendment to Article 110 is signifies that the Bill or amendment not retrospective; obviously, it could has financial effects which are not not have been made retrospective to a merely incidental or insubstantial. time before Merdeka Day. I, therefore, invite the House, in passing the clause, Next, Sir, I turn to Clause 24. The to give an implied sanction to the House will remember that as the payment to the States of these past Constitution stands Article 2 enables duties. The assignment of this revenue new States to be brought into the to States has undoubtedly been bene­ Federation by an ordinary Federal ficial in promoting the States' Law, that is a law passed by a simple co-operation in the spectacular deve­ majority of this House; and under lopment of the iron ore industry in Article 159 (4) (b) the same majority recent years. suffices for consequential amendments of the Constitution necessitated by a Should the House approve the pre­ law under Article 2. The Government sent amendment proposed to Article is advised that the wording of Article 110 of the Constitution, the Government 2 and Article 159, in their present proposes to introduce immediately a form, does not quite fit the amend­ Bill to authorise the assignment in ments which will be required on the future to the States of such proportion establishment of the Federation of of the proceeds of the export duty on Greater Malaysia. Clause 24 will give iron ore as is considered equitable. the necessary flexibility, both at the the initial stage and thereafter. The Bill which we have before us contains several other proposals for The remaining Clauses of the Bill amendment; there are only two of can be dealt with very shortly. Clause them which require any time to 13 clarifies the law as to the formal explain. exercise of the executive power of the Federation, and will relieve His First, Clause 16. In our Constitu­ Majesty of a number of administra­ tion, as in many others, it is tive acts, many of them trivial, which fundamental that the financial intia­ can properly be done by the Cabinet or tive should rest with 'the Government. by a Minister acting under Cabinet Accordingly, Article 67 provides that authority. Clause 15 aims at unifying Bills and amendments making provi­ the staffs of the two Houses of sion for taxation, expenditure and Parliament with obvious advantages other financial matters can only be from the point of view of recruitment. introduced or moved by a Minister. Clause 21 and 23 are no more than But as the Article stands it is not clarification of the law relating to the clear what is meant by "making terms of office of the Judges and of ~

4183 29 JANUARY 1962 4184 members of the Election Commission. frustration nor so easy as to weaken Clause 28 brings the compulsory seriously the safeguards which the provisions of State constitutions into Constitution provides. For this reason line with the amended Federal Con­ the amendments to the Constitution stitution and with current practice. must obtain the support on the 2nd. Clause 30 fills a gap in the application and 3rd. reading of two-thirds of the to the Constitution of the Statutory Members at each of the Houses of rules of interpretation. Clauses 1 and Parliament. It is, Sir, after due con­ 33. govern the timing of the changes sideration of the interest of our young we are making, and Clauses 32 and country and young nation and with 34 and the Schedule contain a number the sole object of maintaining a stable of consequential amendments. and united Nation that the Govern­ ment has decided to put these Such, then, is the Bill which the amendments to the House. Government invites the House to debate and to read a second time. I Therefore, this Bill before the do not wish to minimise the House, Sir, is fully within the spirit importance of some of the changes of the Constitution which we pro­ we propose. But as I have already mulgated four years ago and contain said they are put forward after long such changes-and only such changes­ and anxious deliberation. We have as are needed for the peace, progress realised all along that it would be easy and stability of our country and our enough for men of ill will to mis­ people and it is in this spirit that I represent our proposals. That we commend this Bill to the House. cannot help. We believe, however, that the great majority of the people of this Sir, I beg to move. country will not be misled. These matters are not always easy to under­ The Minister of Internal Security stand at first sight. Some genuine and Minister of the Interior (Dato' Dr. doubts have been expressed. The Ismail): Sir, I beg to second the amendments to the Bill we have put motion. forward and which you, Sir, will Enche' Lim Kean Siew (Dato allow us to discuss at a later stage, Kramat): Mr. Speaker, Sir we have are designed to allay these doubts. As heard some bold words this morning, I have said in the beginning, and I but I am afraid that the main issue in repeat it again, these amendments have this Bill has been glossed over with been put forward as a result of very the statement that no new principles careful consideration in the light of have been introduced into this amend­ experience gained in the working of ment. With the greatest respect to the our Constitution for the last 4 years. Honourable Deputy Prime Minister, in These amendments have not brought fact new principles have been intro­ any new principle nor have we departed duced. But before I go into that, I from the principles enshrined in our should like to remind the House Constitution. However, we are a briefly how this Constitution came into young nation and our Constitution was force. promulgated on ·the day we achieved independence. Obviously, it is our Since the end of the Japanese duty to see that our Constitution Occupation, the people of Malaya as a works well and in the true interest of whole, through different organisations our country and in particular of different political ideologies, have satisfies the needs, aims and aspira­ struggled against colonial rule to estab· tion of our people. It was never lish a new Malayan nation; and after intended that the Constitution once many years of struggle and at the cost promulgated should not be amended. of thousands of lives and sufferings to But the provisions for amending the millions in Malaya, the British Govern­ Constitution are clearly designed so as ment decided to grant a Constitution to be neither so difficult as to produce for an independent Malaya. Now, Sir, 4185 29 JANUARY 1962 4186 this new Government was to be by the grace of God, be born, and it democratic in form, guaranteeing basic will be born, if possible, by 31st August, rights which in the words of Mr. King, 1957." who is an American and former The launching of the new Malayan Lecturer of Economics in the Univer­ nation was a promise to the people of sitty of Hongkong, who came to a new nation with equal political rights Malaya on the staff of the United for every citizen, irrespective of his Nations Commission for Asia and the origin, living within a democratic Far East, introduces principles which pattern guaranteeing freedom of "are fundamental to a free society," speech, of assembly and association, thus concluding "the trend which the rule of law and freedom of religion. British introduced gradually from the Sir, perhaps it is not realised here what beginning of the protectorate." In his we really mean by democracy in words again, "The Constitution is the Malaya. Many people talk of demo­ supreme law of the land . . . . with cracy but very often they do not realise provisions for the enforcement of the what democracy means, and since this rule of law; habeas car pus or liberty Amendment Bill is introducing, under of the person or persons; freedom of Clause 31, page 10, in the new movement, speech, assembly and Thirteenth Schedule in section 2 (c), association; freedom of religion; rights "constituencies which in some cases to education and property." A State would contain as little as one-half of in which slavery is forbidden and it is the electors of any urban constituency," also stated that no provisions of any I am afraid that one of the foremost law shall disciminate against any fundamentals of democratic representa­ citizen or class of citizens by reason tion has been attacked. only of religion, race, descent or place of birth. Mr. Speaker, Sir, democracy can be both direct or representative. Direct Mr. King came and studied the democracy means a democracy where­ Reid proposals and he studied our by every question that involves law, Constitution, and this is what he every question that involves the person wrote: is referred directly to the person for his vote in every case. Indirect demo­ "To these guarantees of fundamental cracy is where the representatives, like rights there was an exception, of course, ourselves, come to this House to which gave to the Malays (a political represent the people, voting on their definition is given to this term in the behalf in a representative capacity. Constitution) a special position in employment as Government officers and Aristotle had this to say of demo­ in land reservation. These special rights cracy: are limited by the Constitution to a period of 15 years, but it does not concern us "A democracy is a state where the freemen and the poor, being in the here, though I would like to prove how majority"- fallacious arguments on these rights have been." and I wish to emphasise "being in the majority" - Sir, on his return from London in 1956, the Honourable the Prime "are invested with the power of the Minister had this to say: state. The most pure democracy is that which is so called principally from that "I need the help of all the people who equality which prevails in it; for this look to Malaya as their land and the is what the law in that State directs; object of their undivided loyalty to that the poor shall be in no greater achieve this noble aim of improving the subjection than the rich; nor that the life and conditions of the people. This is supreme power shall be lodged in either my call to you all-to take your place of these but that both shall share it. in the building up and defence of your For if liberty and equality, as some country. A new Malayan nation will, persons suppose, are chiefly to be bound ------· -·--- --·----- t

4187 29 JANUARY 1962 4188 in a democracy, it must be so by every across many lands, and in the time of department of government being alike the French Revolution, when the open to all; but as the people are the French Republic was introduced, Rous­ majority, and what they vote is law, it follows that such a state must be a seau had this to say-"that no law is democracy." proper unless it is expressed by a general will and is a consensus of Mr. Speaker, Sir, the whole point opinion of the whole community, and about rural representation which may that no man is morally responsible for come down to as little as half of an a law unless he participates in the urban area is this: where there is an formation of that law." On the princi­ urban electorate of 10,000 and a ple that it is the majority view of the rural electorate of 10,000 the rural people that must prevail in a electorate can send two representa­ democracy, and that it is the reason tives to the House in opposition to one why a democracy is opposed to a representative from an urban area, so totalitarian state, we cannot expect the that when it comes to the question of representatives of a minority section of voting in the House the two repre­ the people to have a majority voice sentatives from the rural areas will in Parliament. And here, Mr. Speaker, have two votes to one of the urban Sir, I wish to point out very clearly area so that they have the majority that it is not my intention to be of two to one, although they may racialistic. neither do I intend to be represent the minority in the country. racialistic of communalistic. Rural Sir, of course, Aristotle was dealing people comprise many races; urban with democracy of the state of Greece areas also contain a lot of different where every citizen had a right to vote, peoples, and as a person succeeds, it had one vote each, and where demo­ is the tendency, under the present cracy was direct. But today, we have capitalistic structure, for the person to representative democracy in all move from the rural areas into the modem states which means that in all towns. People like those living in legislative business of the nation, the Petaling Jaya; people living in Kam­ people no longer participate directly pong Bahru in Kuala Lumpur; people but through their representatives, like living in Tapah; people living in us. We represent the people. But how Johore Bahru, Muar, Batu Pahat; would we feel if I were to say, "Look, people living in Sungei Patani, I represent 2,000 people and all my Gurun ...... friends here represent 2,000 people each and we can have as much voice AN HONOURABLE MEMBER: Dato or can have more voice than any of Kramat! • you across the floor, who each represent 20,000 people but have only Enche' Lim Kean Siew: Yes, and one vote as compared with ten votes Dato' Kramat, where I come from. that we possess here." Can the House Those are the people who live in the in that instance say that what is passed town areas. Are they to have repre­ by this Parliament is passed by the sentatives which will equal less. to the majority of the people in this land? representatives of the people from the rural areas? Tuan Syed Ja'afar bin Hasan Albar (Johor Tenggara): Yes. Now, it is stated here that the amendment is only for the alteration Enche' Lim Kean Siew: Well, I of some constituencies-some con­ notice that the former Assistant Mini­ stituencies. Of course, because if you ster of Broadcasting is broadcasting say "all constituencies" people may again! (Laughter) Mr. Speaker, Sir, get frightened, and so you say "some the tradition of democracy and the constituencies". But "some of the history of democracy is a very long constituencies some of the time" may history indeed and has been established equal "all constituencies all the time" through many, many years of struggle (Laughter). If we accept that this ,; ~

4189 29 JANUARY 1962 4190 amendment will only affect some of the of the present Government. The constituencies and not the majority­ Constitution was not imposed upon the people will only be satisfied if they our Government, but it was based feel that the expression of the majority upon the Alliance memorandum. It is going to prevail-then we are faced was not imposed by this Govern­ with this problem. If certain sections ment, and it was introduced by this of our population are given weightage Government into this House. of vote which can be equivalent to twice that of another person living in Sir, the Constitution was passed another constituency, are we not with the active participation of the introducing the principle of apartheid present Government in power, and into this country? Are we not intro­ the Government cannot say that it ducing the principle of first class and has been taken by surprise, nor can second class citizens? it say that the Constitution was imposed upon it. Yet in the last few Proper representative democracy, as years the Government has seen fit, is understood in the United States of persistently and continuously, to eat America, Great Britain, and, indeed into the Constitution and to corrupt in all other countries of the world it by legislation and laws and acts which are democratic, has a frame­ which are not only against the Con­ work within its Constitution which will stitution as recommended by them and guarantee to every section of the as introduced by them, and as it was people an equal voice in Parliament­ first envisaged, but it has also attacked district for district; in other words, the fundamental spirit under which our the constituencies and the representa­ nation was born. tives to the House shall represent approximately an equal number of Mr. Speaker, Sir, with your per­ citizens of that country. Without this mission I shall read a few extracts of equality, democracy will be a what our Honourable Prime Minister mockery-it will become a distortion had to say when the proposals were in a hall of mirrors. I shall deal with introduced into this House. He said: this point in detail later on. ''As the Leader of the Party in the Government in this House, it is my duty Now, we will remember-in fact, I to introduce this resolution, which was would say that the ink is hardly dry to change the Bill into the Constitu­ on our Constitution-that the Reid tion." Commission was invited to Malaya, first, to make the Reid Commission Then he went on to say: Report, and to draft our present "The London Talks of January, 1956, Constitution-and I am sure that our paved the way for the appointment of Deputy Prime Minister will not have the independent Constitutional Com­ so short a memory as not to remember mission" - and I wish to emphasise the that he was the Chairman of an word "independent". Ad Hoc Committee of the Alliance "The members of the Commission which submitted a memorandum to arrived in the Federation in June last the Reid Commission. When the Reid year. They then spent many months Commission came to Malaya un­ touring the country and talking to people from all walks of life and they received doubtedly many a memorandum was ·representations from all communities submitted to and examined by the representing a wide variety of interests. Reid Commission, and it decided The Report of the Commission shows to adopt the memorandum submitted that the members gained a very full by the Alliance. The Reid Commission knowledge of the conditions in our coun­ came with the approval of the present try today and of the problems which we Alliance who was then in power. It shall have to solve. They approached their difficult task in a most business-like consisted of constitutional experts manner and I am glad to have this from the Commonwealth, including opportunity to pay tribute to them. I am India, and it came with the acceptance personally most grateful to Lord Reid 4191 29 JANUARY 1962 4192

and his colleagues for what they have AN HONOURABLE MEMBER: Or done for our country. Russia. We spent many long hours in the Enche' Lim Kean Siew: Yes, also Working Party discussing every aspect of Russia. Then when it came to the the future constitutional arrangements question of rights of women, it was for our country." not that the Government did not "A formula was agreed upon by which envisage the present situation, which it was decided that in considering the has been put forward by the Honour­ rights of the various peoples in this able the Deputy Prime Minister, country no attempt must be made to because the Honourable the Prime reduce such rights which they have Minister had this to say: enjoyed in the past. As a result you find written into this Constitution rights, "It has been agreed, however, that a woman who is married to a citizen should of the various peoples, they have enjoyed be entitled upon making application to in the past and new rights, in fact, be registered as a citizen provided her accorded to new people whom it was the marriage has been registered in accordance intention to win over into the fold of with any written law." the Malayan Nation. I refer to Citizen­ ship rights." To add a further safeguard. the Honourable the Prime Minister went " ...... there can, I consider, be no doubt on to state: whatsoever that these Constitutions will provide the independent Federation of " ...... to ensure that marriages are not Malaya with a firm foundation on which arranged for the sole purpose of enabling the people of this country can build a women to obtain citizenship without great, prosperous and united nation."­ having to comply with the normal condi- and here it says in the Hansard there was tions ...... "-the marriage must applause, which is missing in this House today. be registered- "Thus a woman will be liable to be "We appreciate the fact that our Con­ deprived of her citizenship if she has stitution cannot alter the provisions of obtained that citizenship by virtue of her the law of other countries. This being marriage to a citizen and if her marriage so, the status of a person who is already is dissolved otherwise than by death a citizen of another country as well as within a period of two years." a citizen of the Federation will not be altered after Merdeka Day." Therefore, the Government cannot now say that what it said scarcely four "All those who are citizens of the years ago are no longer true. If this is Federation before Merdeka Day will a new Government, we may understand become citizens of the new Federation, and any person born within the Federa­ that there might be some excuse for tion on or after Merdeka Day will some of the amendments, but this become a citizen automatically." - and Government did envisage such a here I wish to emphasise the word situation and the Prime Minister "automatically". stated so in this House.

It is automatic because it is the The Prime Minister then ended his fundamental right of all human beings memorable speech in this way: that they should have a State and "As I explained at the beginning of should belong to the State in which my speech, the proposals now before this they were born and which shall bring Council have been most carefully worked them up. It is no solace to a child out. We have had to take account of the various conflicting interests, and I do not to tell him, "Your mother is not a believe that a better Constitution could Federal citizen; your father is absent, have been devised in the circumstances he has gone to Indonesia, Timbuctoo, of our country today. or England. If you want citizenship "The economical future is bright; the you can go to England, you can go country must not be held back by the to America or Timbuctoo ...... " selfish and unyielding attitude of any 4193 29 JANUARY 1962 4194

individual or groups of individuals. The history. As my Honourable friend, the Constitutions provide the framework for Chief Minister, who has sacrificed so a happy and contented Federation. Let much in order to lead this country to us make it work and build for ourselves unity and freedom, has repeatedly told and our descendants a Shangri-La where­ us, we must gradually break down the by we can all live in peace, happiness barriers of communal suspicions and fears, and prosperity." which have hitherto separated us, each community into its own watertight Have these words now become empty, compartment." meaningless, phrases? Has the Shangri­ La changed in the last four years, or We must look at this draft Constitution is this the Shangri-La we are supposed as the composite whole and not as the to have? singular piece of work. In seconding the proposals at that He went on further-and this I ti~e, the. ~fonourable the present w~uld li~e .the Honourable the Deputy Fmance M1mster had this to say: Pnme Mm1ster to take note of: "I cannot allow this occasion to pass "This is a historic and solemn occa- sion ...... " without paying a tribute to my Honour­ able friend, Dato' Abdul Razak, the (Laughter). And then he went on to Chairman of the Alliance Political Ad Hoc Committee, on whose proposals the new elucidate: Constitution has largely been based." "In the last analysis, the pillar of Malayan independence is communal unity Mr. Speaker, Sir, there is another and understanding in general and Sino­ fundamental point in the amendment Malay unity and understanding in of the Constitution which I think the particular. Without it no constitution Honourable Deputy Prime Minister will work whether written or unwritten, has glossed over and it is this: perfect or imperfect." Formerly the Election Commission acted under the Constitution. No I think he is quite right. He went on: Government in power could attempt "With it, the Constitution we are asked at any time to influence it. No Govern­ to approve today can be a sound and ment, no matter how it desired to keep solid foundation on which to build for itself in power, could have altered the the future." cause of that Election Commission. In another place he says: Now, first of all, the Election Com­ mission no longer has the power to "We believe ourselves firmly in these delimit constituencies as it wishes. It fundamental principles of democracy as has to recommend the delimitation of is evidenced in the draft Constitution the constituencies and it will then be in­ before this House today, but we cannot troduced by the Prime Minister who allow malcontents to prostitute the processes of democracy in the name of will present it to the House and such d~mocracy in order to kill democracy delimitation can be passed by a simple itself." majority. Dato' Dr. Ismail: It is true! AN HONOURABLE MEMBER: No! Enche' Lim Kean Siew: Yes. In Enche' Lim Kean Siew: I think that case, why have we changed one simple majority, Mr. Speaker, Sir, is of the fundamental principles of the more than half. Constitution, i.e. the need for equality of representative democracy in Parlia­ Mr. Speaker: No interruption please! ment? Enche' Lim Kean Siew: Sir, if those The Honourable the Minister of on the other side of the House do Finance then went on to say: not know what they are talking about, they should not try to confuse me. "We are entering a new, and let us hope, a glorious chapter in our chequered Mr. Speaker: Please proceed! t 4195 29 JANUARY 1962 4196 Enche' Lim Kean Siew: Section its work. But now this principle has 10 in the Thirteenth Schedule reads been largely encroached upon and it as follows: can be done by a simple majority. "If any draft Order referred to in In the United Kingdom the Consti­ Section 9 (i.e. recommendations) is tution is unwritten, but it is practically approved by the House of Representatives unchangeable. In the United States by resolution supported by the votes of not less than one-half of the total number of America any amendment to the of members of that House, the Prime Constitution requires at least two-thirds Minister shall submit the draft Order to of the majority of both Houses-that the Yang di-Pertuan Agong." is the Upper House and the Lower House-and it must also be endorsed This is simple majority. Therefore, by at least three-quarters of the States the representation of the people to this of the Union; in other words, all the House can be changed and altered States must endorse any law passed by and amended by one-half of the two-third majority of the Houses before representatives of this House. This, it can even become law. And this is together with the power now given to being attacked, and attacked bitterly the Government in the proposed by these amendments, by the powers amendment in Clause 21, page 6, which given to the Government to control reads as follows: the Election Commission in the "Article 114 of the Constitution is delimitation of the constituencies by hereby amended by the insertion after simple majority. We know also for Clause (5) of the following Clause: example; that in France any amend­ ment to the Declaration of Rights "(5A) Subject to the provisions of which was promulgated in 1789 (over this Article, Parliament may by law 100 years ago) must be by special provide for the terms of office of members of the Election Commission sitting of the Chamber of Deputies; other than their remuneration." and this is also true in Switzerland where such changes must be referred gives tremendous power of control by to the people by referendum. the Government over the Election Commission. "Oh!", you can say, In all these countries special pro­ "yes, terms of office cannot mean cedures are followed and special anything." No. I say this is the power, methods are adopted to safeguard the whether the Government knows it or fundamental rights of the people. Yet not, it gives to the Government to in this one of the most fundamental say to the Election Commission on its rights of the people of Malaya-the appointment, "We will pay you so right to equality of representation­ many thousand dollars a month and the Government has thought fit to seek your terms of office shall be three to amend our Constitution by slipping years and you shall delimit the State this amendment bill after a long list of Kedah or Johore." And, in fact, of items which has taken the House by a selective process, by a choice of nearly three weeks to consider-these States for delimitation, the Govern­ amendments being introduced by the ment can and the Government will backdoor together with a long list of maintain itself in power, even if it is other amendments, like financial to maintain itself in power by a simple provisions, which really are not majority of one, so that any Govern­ controversial at all. This is an attempt ment who gets into power can continue to slip in by the backdoor ...... to maintain itself in power by this process of choosing the areas for Mr. Speaker: Are you going to be delimitation and then delimiting it as long? it thinks fit. The Constitution, in order Enche' Lim Kean Siew: Yes. to prevent that, has given the Election Commission the power to delimit Mr. Speaker: I would like to suspend without the House interfering with the meeting. · -·

4197 29 JANUARY 1962 4198 Enche' Lim Kean Siew: Very well. be interpreted and interpreted more strongly as a law which is discrimin­ Mr. Speaker: The sitting is suspended atory, a law which is going to affect for 15 minutes. the equality of rights, a law which is Sitting suspended at 11.45 a.m. going to affect the equality of political power between the various sections . Sitting resumed at 12.10 p.m. of this country . (Mr. Speaker in the Chair) Again, Sir, our Honourable Prime Minister has stated, when he spoke Enche' Lim Kean Siew: Mr. Speaker, on Article 153 of the Constitution on Sir, before the recess I was interrupted the 10th July, 1957, as follows: when I was dealing with the question " ...... we must never forget that our of majority. So I have had the time main object is to unite our people. We to look up Article 159 of the Consti­ should do all we can to remove com­ tution and Clause (3) of this Article munal barriers and help build a united reads as follows: and patriotic Malayan people." "A Bill for making any amendment But can we in this House really say to the Constitution (other than an that this amendment is not bound to amendment excepted from the provisions of this Clause) shall not be passed in have repercussions which may affect either House of Parliament unless it has the question of unity? If it does affect been supported on Second and Third the question of unity, if it does affect Readings by the votes of not less than the question of peace, the Internal two-thirds of the total number of Security Act will be invoked and when members of that House." the Internal Security Act is invoked we get repressive measures. If we get The phrase in the present Amendment repressive measures we can end up by Bill reads, " ...... not less than one- destroying democracy itself and here half of the total number of the Members I would like to read the words of Mr. of the House." So in one case two­ Carnell on the prospects of parlia­ third is required and in the other case mentary democracy in the Federation only half. I hope I have made my of Malaya and Singapore. He did this point clear and the House will not when he was a University Lecturer on further be confused in this matter. Commonwealth Government in Oxford University. Therefore he is a man Mr. Speaker, Sir, it is very un­ whose words we must give weight to fortunate that this Bill was not put and this is what he said-and he in separately and no special sitting warned us-and this as early as in of the House was called. I understand 1955: that only three days will be given to debating this Bill; and in view of its "The greatest challenge to democracy seriousness and importance it is most in Malaya and Singapore is how to unfortunate that this should have combat communism without its becoming been so. It is clear that it affects not totalitarian in its methods. Malayans have only one of the fundamental rights only two alternatives. They may follow of democracy, not only does it affect India, Ceylon and Indonesia and recognise the Communist Party with all the obvious the question of weightage to be given dangers that that course of action may to every voter and to every consti­ precipitate or they may follow Thailand, tuency but it is bound to bring about South Vietnam, Philippines and Formosa a lot of misunderstanding between and continue to outlaw communism but those people living in the town areas at the price of diminished, if not, and those people living in the country­ extinguished, liberties. Whichever course they adopt, there may be equal threat side areas. We cannot hope to forge to the survival of parliamentary demo­ a new united nation, we cannot hope cracy." to forge a patriotic Malayan people as long as we have laws such as this If we bring about this bias between which is bound, Mr. Speaker, Sir, to the urban and the rural people, if, we ·------..------·~------~

4199 29 JANUARY 1962 4200 bring about the inequality of the in the name of democracy itself." status between the rural people and What he said in 1957 is becoming true the urban people, how do we think today! He is prophatic in that sense! the urban people will take it? We (Laughter). know that they have the economic power in their hands; we know that Now, I say, Mr. Speaker, Sir, that they have the power of organisation; the spirit and letter of our Constitution we know that they have the ease of is being eaten away slowly by an communication in which to organise. insiduous process, and throughout all We ourselves, in our recent history, these years there has been a slow have seen how some organisations have gnawing away of our fundamental been able to organise themselves on democratic rights and liberties such communal lines so easily, so quickly as the fundamentals I will now deal and so effectively. with. Sir, is this amendment really neces­ First of all, what we ask for and sary? Why do we not introduce a what is stated by many writers about law instead whereby if we should find democracy is that there must be free­ that it is necessary to give weightage dom of movement, freedom of speech, to any area at any time, we would be freedom of association and freedom able to bring about a special Bill; by from arbitrary arrests. The first thing which every time we want to delimit that happened after Merdeka which any area we could introduce a Bill attacked Article 5 of our Constitution in Parliament? This amendment, how­ which reads as follows: ever, will give a statute which is going to be written into this document called "No person shall be deprived of his "The Malayan Constitution" to be life or personal liberty save in accordance enshrined for ever. This amendment with the law." gives power to a small group of two was the amendment to Article 149 in or three people with a simple majority 1960 which allowed for the termination in this House to keep perpetuating a of the Emergency Regulations and feeling of grudge by maintaining the introduction of the Internal Security themselves in power but it will lead, Act. I remember we came here and as I said, to the invokation of the warned this House in no uncertain Internal Security Act, which may lead terms that if we allowed the amend­ to repressive measures which may ment to Article 149, the Government threaten democracy itself. would be bound to introduce something Now, Mr. Speaker, Sir, why do I to take the place of the Emergency stand up and speak so strongly today? Regulations. The Emergency Regula­ tions allowed for arbitrary arrests, (Laughter). allowed for arbitrary detention without Dr. Lim Swee Aun (Larut Selatan): trial, on the excuse that there was a Not very strong! period of Emergency, and because we were in a period of Emergency, the Enche' Lim Kean Siew: Some people Emergency Regulations were renewed may think this is funny, but I certainly from year to year and every year they don't, and it is our children who are had a new life. Then suddenly in 1960 going to suffer-not my children alone, came the amendment to Article 149 everybody's children here. I speak which allowed for a permanent law, strongly today because this is an Act the Internal Security Act, to be which is the last in a series of Acts enacted with the power of arbitrary which have slowly encroached upon arrest even during times of non­ the principles of democratic practice. emergency, and the great task of It is unfortunate that the world today explanation fell heavily upon the finds itself in a position where in the "wise head" of our Honourable words of the Honourable Minister Minister of Justice who had to bear of Finance "democracy is being killed the main brunt of this burden and to <'\,"~'f"''!'tf';l

4201 29 JANUARY 1962 4202 talk about democratic rights and the and yet why is it that the Press now right to justice of people whilst hanging tremble at every phone call from the over our heads was the Internal Ministry? (Laughter). It is not my Security Act. Now the power of habit to mention names in this House. arbitrary arrests and detention may be Therefore I will not do so; but the applied throughout the whole of our House can take it from me that because Malaysian territories if Malaysia of our laws the Press are put in a should come into being, and that position where they have to please the coupled with the personality of our Government. For example, it is now Honoutable Minister of Internal required that a Press should renew Security, who keeps on saying "I will its licence from year to year. When lock up everyone who causes trouble", was that law introduced? Was it not makes me shiver (Laughter). Of course, introduced during the period of the it is very fortunate that we do not Emergency? Why is it necessary for have the former Assistant Minister of the Minister of Internal Security to Broadcasting as the Assistant Minister require newspapers and the Press to of Internal Security; otherwise, it might supply names of their contributors and even be worse (Laughter). And you their staff at this stage when the see., Mr. Speaker, Sir, because of the Emergency is officially a thing of the attitude that we adopt here in Parlia­ past? ment, and because people refuse to accept their political responsibilities Mr. Speaker: Don't dwell too long as they would not realise that they on that. are not only responsible to their Parties but in fundamental rights and Enche' Lim Kean Siew: I am afraid, liberties and on democratic principles Sir, that as this is very important, I they are responsible ultimately to the have to speak about it. Freedom of people who elected them into office, the Press is fundamental to democratic we have this slow change of attitude rights. which has introduced over this land a feeling that the whims of the person Mr. Speaker: Don't dwell too long prevail over democratic rights. That on that point. with the Internal Security Act has led to many other infringements into the Enche' Lim Kean Siew: I will fundamental democratic rights upon mention only two instances to illustrate which the Malayan nation was born. my point. The Utusan Melayu and the The Internal Security Act has also fact that its editor after two years as affected the freedom of the Press. editor was suddenly suspended and found to be subversive and not per­ Enche' Mohamed bin Ujang (Jelebu­ mitted to return into Malaya. I need Jempol). On a point of order under not go further into it. Everybody knows S.O. 36 (1), I think the speaker is what happened. At that time I felt irrelevant. The Internal Security Act very strongly though I did not say has nothing to do with this Bill. very much in this House. Perhaps, Mr. Speaker: He is now on demo­ l was guilty of not having represented cracy. Please proceed. the electorate who put me into this House; - or maybe because my Enche' Lim Kean Siew: Because of electorate, or most of them, do not the Internal Security Act another read the Utusan Melayu, and therefore fundamental principle of our demo­ this did not affect them. But, never­ cratic rights has been infringed upon­ theless, the point is this: the suggestion the right of speech and the freedom of power is worse than the inflicting of the Press. The Press itself is the of the power itself. When one has a contact between the people and the suggestion of power, one can bring Government. Without freedom of the about terror, and that is the funda­ Press we cannot have the democratic mental principle of totallitarianism-the right to listen and to communicate, suggestion of power. This suggestion of :- ~~

4203 29 JANUARY 1962 4204 power over all presses in the country the Interior-or is he still the Minister was displayed in the instance of the of the Interior staying in Australia, Utusan Melayu. Then, of course, we I am not sure (Laughter)-to give remember the instance of the Saturday me by his own efforts a complete Post, a tabloid weekly, which should list of banned publications without have never been taken seriously at all. recourse to the proper authorities lt was a paper that was not serious, concerned within the next 48 hours. it was quite irresponsible, and yet the The list is now so long that it .is almost power given to the Minister of Internal impossible to compile it. Security was used to stop its produc­ tion. Why? Because we are getting Dato' Suleiman bin Dato Haji into a climate where we are used to Abdul Rahman: Mr. Speaker, Sir, totallitarian methods. since I have been challenged, may I ask this House whether we should The Minister without Portfolio fight here or outside (Laughter). (Dato' Suleiman bin Dato' Haji Abdul Rahman): On a point of order. Though Mr. Speaker: Order, order. I hope the Honourable Member is speaking in future Honourable Members will on democracy, but surely he could not use this word "challenge" to one not mention specific cases, especially another. I have heard a lot of it and when the Bill on Internal Security was I think it is time now when we must debated and passed by this House, stop using that word "challenge" when he could have spoken on that (Laughter). subject instead of now. Enche' Lim Kean Siew: This is not a Mr Speaker: I have warned you challenge to fight-I meant to produce not to dwell too long on that point­ a list of banned publications. I would we are not discussing the Internal not dare to fight him (Laughter). Security Act at all. The next fundamental of democracy Enche' Lim Kean Siew: Yes, I was is freedom of speech, and that also going to show how in the process in has been heavily attacked (though many the last two years, first of all by the of us are not aware of it, because amendment to Article 149 which led many of us do not feel it in this House) to the enactment of the Internal in recent years. Go outside to the Security Act, and the Internal Security people-the man in the street-and Act which led to repressive measures, ask him how he feels? Does he dare our freedom is being slowly eaten to stand up in a public platform and away-and nobody can refute the criticise the Government? He wilJ not logic and the relevance of what I was dare because he knows very well that saying. the Police have a very bad habit of coming up with a tape recorder and Dato' Suleiman: I don't, Mr. placing it right in front of the speaker's Speaker. platform and placing the car by the side of the platform in order to show Enche' Lim Kean Siew: Very well. everybody that the speech is being What about the Eastern Horizon? taped; that suggestion of power I The Eastern Horizon has been banned have been talking about. If people are in Malaya-the only country in the afraid to speak and the Press is con­ world to have banned it. The only trolled, how can we know what the country in the world-I emphasise. people want? The whole principle of Is it because it was published by the the practice at Hyde Park in England wrong printers? No other nation in is this: that if we let people speak the world has banned Eastern Horizon and express their views, they rid them­ which after all is published in the selves of the aggression, they rid British Colony of Hongkong. If what themselves of their frustration. The I say is considered to be not important, Hyde Park soap-box orators fulfil a then I challenge the past Minister of fundamental function of democracy ·~..:'"-!''1•:>.(•• -,o."'1-

4205 29 JANUARY 1962 4206 and they represent the people who are How do these two principles tie up unhappy and they stand up and they together? We who are not restricted speak and nobody cares, (laughter) may laugh at the inconvenience that and they speak for hours. And after may be caused to the people restricted. they have spoken, the people feel But suppose it happens to one of us. happy (Laughter). The fact that many There was a certain Mr. Lee, who was of us here are allowed to speak in this for many years assisting a political House has to a large extent made the party which was in supremacy. He people feel that at last their grievances lived in Penang, and still lives in are being heard: though this is a Penang. At the by-election of the mistaken impression it is the psychology Honourable Member for Teluk Anson, of the people. Many people support he left the Association referred to this the people who oppose. Why-because morning by the Honourable the these people who oppose are symbols Deputy Prime Minister as I think, the of their own frustration and of their MCA, and when he spoke against own unhappiness. If we do not allow the Alliance he was immediately that safety valve of the freedom of detained. He was restricted under the speech, we may develop a situation Restricted Residence Ordinance and whereby an explosion will occur was brought up in a special hearing instead, and this is really a matter and was finally released because the which we all must consider seriously. Chief Minister was one of the witnesses Freedom of movement is yet another who vouched for his character. principle of democracy fundamental in Dato' Suleiman: Mr. Speaker, Sir, democratic practice. Not only do we now have the Internal Security Act I must rise again on a point of order. but we also have the Restricted The Honourable Member is giving Residence Ordinance which restricts many instances of specific cases and this freedom. Many people have been you, Sir, have warned that he should detained and they have been released. not dwell too long on that point. If But the Government has restricted he is speaking on democracy, surely them to certain areas and say in effect he should not mention specific cases. to them, "You shall not move or leave and if he were to give too many the limits of Town "X". You must specific instances he can go on till go into your house and stay there from Doomsday (Laughter). Coming to the 6 p.m. to 6 a.m. You shall not take point of democracy, I think he should part in political activities. You shall give the definition of democracy not take part in trade union activities. without having to give specific cases And you shall report to the Police which we have heard before. Station "Y" once a month." Is that not in effect imprisonment? Even Mr. Speaker: You are allowed to criminals in the most developed speak on democracy-that is the poirit countries are allowed limited freedom you can raise. Do not dwell too long in special cases; and juveniles especially on other matters like the Internal are allowed to stay in a home without Security Act, the Restricted Residence guards. We have got such "home'' Ordinance, and all that. You can speak situated on the way to Waterfall as short as possible, but you must go Gardens, Penang. It is a social reform back to the point at issue before the home. The gates are always open and House. the boys are allowed to go home if they wish. It represents an attempt at Enche' Lim Kean Siew: That is quite moulding a character, at developing so, Mr. Speaker, Sir. I quite agree. a character, and at changing a character But I am, unfortunately, speaking to by persuasion and by corrective an audience that keeps on laughing measures. But the Restricted Residence because they do not know what I am Ordinance is an attempt to mould by talking about (Laughter), and I must repressive and oppressive measures. illustrate. ~'":'""

4207 20 JANUARY 1962 4208 Mr. Speaker: Don't dwell too long out just now, the Honourable Prime on that. Minister has said that a person does become a citizen automatically and Enche Lim Kean Siew: This restric­ that if any marriage is genuine and tion of our freedom of movement may properly registered, then a two-year be extended when Malaysia comes into period is sufficient. Then, why is it being into Malaysia by restricting that under Article 15 it should be people of other territories such as enacted as such: Singapore, Brunei, Sarawak and North Borneo from coming into Malaya. It "(l) Subject to Article 18, any may prevent us from going to Sarawak, woman who is married to a citizen is Brunei or North Borneo. Unless this entitled, upon making application to the House realises that it is the funda­ Federal Government, to be registered as mental right of every citizen to move a citizen if she satisfies the Federal as he wishes within the territory of Government- which he is a citizen, this may be ( a) that she has resided continuously the end of our freedom of movement. in the Federation for a period of Of course, Mr. Speaker, Sir, I was not less than two years im­ mediately preceding the date of mentioning a Mr. Lee as an example the application; of Ministerial exercise of arbitrary power. Now. in order to please the (b) that she intends to reside Minister of the Interior, I will not refer permanently therein; and to it again. But there are other (c) that she is of good character." instances which I would like him to note. There are other instances of Mr. Speaker, Sir, is not that atrocious? many young boys who cannot move If a woman is married to a man for freely, Sir, because of the use of the two years, has she got to prove to arbitrary powers given in the Internal the Federal Government that she is of Security Act which has now become good character. Is the husband going the ordinary law of our land based to be told that he is married to a on the principle of arbitrary arrest, woman of bad character who cannot which should by right be allowed only become a citizen because she is a in times of emergency for the security woman of bad character? That, Sir, of the State and the security of our puts the label of immorality not only country. on the wife but also on the husband. Surely, if any one of us has a wife, and Last but not least, we come to the she has been a wife for two years, freedom of the Judiciary. Our Con­ it must be that she is of good stitution has been amended to do character. Does anyone want to keep away with the freedom and the as wife a woman of bad character? impartiality of our Judiciary. The (Laughter) Or, are we so morally term of office of our Judiciary was depraved? Why should she have to controlled and maintained in the prove to the Government that she is Ordinance itself, but by the last a woman of good character if she amendment the term of office of the has been married for two years and Judiciary can now be dealt with by her marriage has not broken up? Parliament. If that does not ensure that all judges should toe the line on Now, Sir, this question of good political affairs, I do not know why character could be used politically it was introduced. against a person who is politically active and opposed to the Government. Now, we come to the further A wife may be told "If your husband encroachment or attack on the is not going to keep quiet, we are fundamental rights that must be going to say that you are not a enshrined in any Constitution that woman of good character politically." pretends to be democratic-and that is It does not say in this amendment that the automatic right to citizenship by "good character" means good moral marriage and by birth. As I have read character. It merely says, "good 4209 29 JANUARY 1962 4210 character". The Honourable the Does that mean to say that they Deputy Prime Minister has said this should not become Federal citizens? morning that a person may be of bad How can you take into consideration character although he may not have the question of character on a been convicted in a criminal court. So, matter of fundamental rights? Besides, we can have a bad character even if what does this Government mean by there has been no conviction. Is that good character? Surely we can see in not absurd from a legal point of this amendment a weapon which can view? be used against husbands who are politically opposed to the Government. Sir, another point is that a woman And if that is so, that is really a gross is entitled to register only if she has breach of our duties indeed! been here for not less than two years and has proved her intention to stay Further, to understand this more here permanently. Are we trying to clearly, we have to look into the imagine a situation where a woman is question of the child. In the proposed married to a man, has stayed here Clause (2) of Article 14, as set out in two years and does not intend to the proposed Amendment Bill-top of stay here permanently? What is the page 2-as amended by this notice of point of marrying a Federal citizen amendment, which is the third of a who is living in this country, if she series, issued on the 19th January, does not intend to stay permanently 1962, it says: after she has been here for two years? ''A person is not a citizen by virtue Can't we presume that if a woman of paragraph (b) of Clause (I) if, at has stayed two years that she wants the time of his birth,- her marriage to exist, that she wants her children, that she wants to stay with her husband and family? Yet (c) neither of his parents was a this amendment requires that after citizen of the Federation and two years, she must prove that she neither of them was a permanent wants to be here permanently. What resident therein." kind of a wife is she who is married and for the purpose of permanent to a Federal citizen, stays for two residence, the proof would be years with the husband, and yet does permission or a certificate from the not intend to stay here permanently? Federation Government. And to add insult to injury, having discriminated Why is it necessary to introduce against the wife, we find that there is "character" into our citizenship laws an attempt to discriminate against the in this way? Is the Government children as well. trying to say, or trying to guarantee, that all citizens are of good character Sir, this new section proposes that and that all persons of bad character if neither father nor mother is a are not citizens? Can the Government citizen, then unless one parent can say that all who are citizens in Malaya produce the permission of permanent are persons of good character-and residence, it is assumed that the child that is why they are citizens-and it is not a citizen. You say the man does not want them to be corrupted by must produce a red card or the man persons of bad character? Shall I cite must produce a blue card. Well, there to the Government instances of rela­ may be a lot of people whose parents tives of Members of this House who are not citizens, and who may leave have committed offences and are still their children behind. What is going citizens? Do I need to prove the to happen to those children. In this absurdity of this section or clause? instance, I must warn the House that Surely our own citizens have we cannot go by the number of committed crimes. Some of our persons who are going to be discrimi­ relatives have committed crimes; some nated against. Even if one person can of our relatives have been imprisoned. be deprived unrighteously of his right [•"'"""""'"'¥¥ £ i

4211 29 JANUARY 1962 4212 to citizenship by birth, it is sufficient them down to one hundred under for us to look at the Bill twice. Article 46. If that were true then the delimitation being carried out is a Supposing we get a man coming waste of time and I say that time has here on business-and there are many therefore been wasted and money has thousands of Indonesian people who been spent. But that is not true. come here on business-stays with a Therefore, this amendment to Article woman (and the woman is not a 46 is completely unnecessary. I will citizen) and then leaves after fathering now come back to my main point. a child. Is it any solace to the child to say to the child, "Your father is a Under Articles 113 to 116, power citizen of Indonesia, go back to is given to the Election Commission Indonesia. It is unfortunate that you without any interference to delimit the are living here, it is unfortunate that constituencies, and Article 113 (2) of your mother is living here, but since the Constitution says as follows: your mother happens to be a daughter of somebody who is not a citizen and "After the first delimitation of con­ is not a Federal Citizen, you also will stituencies in accordance with Articles not have the Federal citizenship." 116 and 117 the Election Commission shall, at intervals of not more than ten Now, the burden of proof that is nor, subject to Clause (3), less than eight required under this section, is placed years, review the division of the Federa­ upon the child to prove that either one tion and the States into constituencies of his parents has a permit or a and make such changes therein as they certificate to remain here permanently, may think necessary in order to comply and that will be difficult since by the with the provisions of those Articles; time the child grows up he may have lost track of his parents. , And the provisions of those Articles say that the constituencies shall be It is, Mr. Speaker, Sir, my conten­ more or less the same. Now it is tion that a person who is born here intended to change this Article to read must automatically become the citizen as follows: of the Federation, especially as other " ...... the Election Commission shall ..... parts of our Constitution make it review the division of the Federation automatic that if the child is taken and the States into constituencies and away by the father for a continuous recommend such changes therein as they period of five years, he loses his may think necessary in order to comply citizenship and adopts a new citizen­ with the provisions contained in the ship. There is no need for this Thirteenth Schedule." provision, absolutely none at all. So the provisions of Article 116 and Mr. Speaker, Sir, let us find out 117 are removed and the power given what, in fact, this Bill intends to to the Election Commission is also amend. Let us find out what removed. The Commission may now are the sections that the Govern­ only make recommendations to the ment intends to remove. Before I Parliament whereas formerly they had begin this, I would like to say this. the right under the Constitution to I know for a fact that the Election delimit constitutionally as they see fit, Commission has completed, or almost they were equal to the Judges, completed, its work on the delimita­ nobody could interfere with their tion of constituencies under Article 46 terms of office and no one could tell of the Constitution. It has finished its them what to do. That was considered work; it has spent two years on it; fundamental because every person in and it is prepared to delimit the con­ power has the desire always to twist stituencies and bring them down to the law in order to maintain himself one hundred. But if I am not wrong, in power. This is a fundamental basis the Honourable Deputy Prime Minister of the Constitution which everybody • has stated that it will be expensive to knows that must be maintained, and delimit the constituencies and bring yet it is to be removed. For what ''""""'' ~. ; ., . ~

4213 29 JANUARY 1962 4214 reason? No reason was given by the (a) "electoral quota" means the Honourable Deputy Prime Minister. number obtained by dividing the number of electors in the Federa­ He has only in effect said, "Well. we tion or a State by the total have not changed the principle, but number of constituencies or, as some rural constituencies shall contain the case maybe, the number of as little as one-half of the electorate, of constituencies in that State ...... " the people of the urban areas, but the principles are the same." I say So it guarantees proportional and equal the principles are no longer the same, representation not only as to popula­ because these Articles have been tion but as to electors, citizens to changed. The power to delimit the citizens; it guarantees that as between constituencies is tied down by Article States representation shall be pro­ 116, and Article 116 (3) reads: portionate and that within the State itself the constituencies shall be pro­ "Constituencies shall be allocated to portionate to electors-all that is now the several States in such manner that thrown aside ...... the electoral quota of each State is as nearly equal to the electoral quota of Mr. Speaker: Time is up. The meet­ the Federation as it can be without caus­ ing is suspended till half-past four this ing undue disparity between the afternoon. population quota of that State and the population quota of the Federation." Sitting suspended at 1.00 p.m. It establishes there the first principle, namely that as between the States Sitting resumed at 4.30 p.m. themselves the representation of the {Mr. Sreaker in the Chair) States to Parliament shall show no disparity or bias to any State but THE CONSTITUTION that it should more or less be pro­ (AMENDMENT) BILL portionate to the population of each State. It guarantees some kind of Second Reading proportion between the population of the State and the population of the Debate resumed. whole of the Federation in order to Enche Lim Kean Siew: Mr. Speaker, ensure that representation is equal Sir, Article 116 is to be amended and and proportional. That is to be now replaced by. the Thirteenth Schedule removed. That is the first point. My whereby the Election Commission, other point concerns Article 116 of whose terms of office is to be decided the Constitution. by Parliament, can only make recom- . mendations on the principles on the Now, Clause (4) of Article 116 delimitation of constituencies as set states: out in paragraph 2, Part I of the "Each State shall be divided into Thirteenth Schedule which is at constituencies in such manner that each page 10 of the amendment Bill which constituency contains a number of reads as follows: electors as nearly equal to the electoral quota of the State as may be after "The following principles shall as far making due allowance for the distribu­ as possible be taken into account in tion of the different communities and dividing the Federation and the States for differences in density of population into constituencies pursuant to the provi­ and the means of communication; but sions of Articles 116 and 117: the allowance so made shall not (a) while having regard to the desir­ increase or reduce the number of ability of giving all electors electors in any constituency to a number reasonably convenient opportuni­ differing from the electoral quota by ties of going to the polls, more than fifteen per cent." constituencies ought to be de­ And Clauses (5) says: limited so that they embody complete administrative districts, • "In this Article- and do not cross State boundaries; 4215 29 JANUARY 1962 4216

( b) regard ought to be had to the stituencies can easily become 32 as administrative facilities available opposed to eight in the urban areas. within the constituencies for the I am not giving proper figures, I am establishment of the necessary giving general figures to show how registration and polling machines; from eight to 16 you can get eight (c) the number of electors within to 32. This could easily apply each constituency ought to be equally to Selangor; it can apply approximately equal except that, equally to Perak; it can apply equally having regard to the greater difficulty of reaching electors in to Kelantan; and it can apply the country districts and the other equally to Johore. And since there is disadvantages facing rural con­ no guarantee in the 13th Schedule stituencies, a measure of weightage that the constituencies shall be pro­ for area ought to be given to portionate as between the States to the such constituencies, to the extent Federation, we can get three or four that ...... " States being delimited to any amount I think the whole effect of the amend­ within the declared limits of the 13th ment is as corrected: "in some cases Schedule whilst other States need not a rural constituency may contain as be delimited at all, thus giving some little as one half of the electors of States a higher representation than any urban constituency;" others in Parliament. And by a grass­ hopper technique, the leadership of The first thing to note is that the any government who wish to stay in proportion that is fixed by the Consti­ power can select special States in their tution in relation to the States and the favour and delimit them. Thus, for Federation as regards population quota example, if the Government find that and the States inter se regarding they are losing power and control in electoral quota is to be removed. The all the States whilst passing over other point we must remember is this: we States where the electorate is against can keep dividing any State such as them except in Kedah, they can tell Kelantan or Kedah to as many con­ the Election Commission, "Go and stituencies as would be equal to twice delimit Kedah." And Kedah could be those in urban areas provided that we delimited so that more representatives do not have any rural constituency with will be returned from that State and less than half the electorates of an having been returned they can spend urban area; by that process we can another five years trying to cultivate have, for example 40 or 50 representa­ the support of the electorate of tives from Kedah and Kelantan to another State such as J ohore. Then about 120 representatives from the when it comes to the next election, whole of the Federation Parliament the Government will say, "Well, this by the pure process of selecting our time we will get a delimitation on States with which to divide. The argu­ Johore." And thus by a slow process ment of course can only be understood a small caucus of people will remain if we take this illustration. If there are in continued control of the Govern­ JOO electors in a rural area and JOO ment; and that is why the framers of electors in an urban area, it would our present Constitution had seen fit mean under this Bill, that the JOO to set out the rules controlling electors in the rural area can have delimitation under Sections 113, 116 two representatives-in other words, and 117 of the present Constitution to one for 50~whereas in the case of make certain that such a situation as the urban areas there will be only envisaged by me will not arise. one representative. Furthermore, Mr. Speaker, Sir, Let us go back to the hypothetical under Section 114 (5) it is provided case of Kedah. Let us imagine that that- Kedah now has eight town con­ "Parliament shall by law provide for • stituencies and 16 rural ones. By the the remuneration of members of the present amendment the 16 con- Election Commission, and the remunera. >;- ~~> ,~...,_... ;-~,-- ~

4217 29 JANUARY 1962 4218 tion so provided shall be charged on the Minister offered us in 1956 guaranteed Consolidated Fund." under the present Constitution, which Thus, we can see that by this section, is barely four years old. Do not all no power is given to Parliament to these, in fact, make the Government exercise any control whatsoever over guilty of unconstitutional conduct? the Election Commission. Yet this And do not these acts show the safeguard is to be taken away and Government to be disloyal or dis­ power is being given to the Govern­ affected towards the Federation under ment thus to influence the Election Article 25 of the Constitution? Commission indirectly. And what did Article 25 has not been amended and the Honourable the Deputy Prime it says that "the Federal Government Minister say? He said that the final may by order deprive of his citizen­ authority was formerly not in the ship any person who is a citizen by Dewan Ra'ayat and now the final registration under Article 17 or a authority is to be put in the Dewan citizen by naturalisation if satisfied Ra'ayat and not in the Election that he has shown himself by act or Commission. Is that not a change of speech to be disloyal or disaffected fundamental principles? Of course, towards the Federation." Now I ask Sir, it is. It is a complete change, and the Government to take action against unless the members of this House sit those people who would subscribe to up and realise that-we are not always this amendment Bill, because it going to have the same government shows disloyalty to the Federation. from year to year; Governments may change; delegations may change; and Mr. Speaker, Sir, if it is the inten­ representatives may change-power is tion of the Government to right to be handed to a simple majority in wrongs, if they think that certain this House to perpetuate itself by constituencies should be given special control over the Election Commission, treatment, then I ask that the Bill be democratic change is threatened. If we not presented in this fashion but that realise that the government in power every time the Government wishes to is not suitable and we wish to delimit any constituency, power could remove it, remember this: that that be given to the Government to bring government may retain power by this in a separate Bill regarding such con­ means of control of the Commission stituency alone so that it could bring and prevent such democratic change. it before the House for full discussion. For example, if the PMIP got into And to get such a Bill approved for power, imagine what they could do the delimitation of that constituency, (Laughter). the Government must have at least a two-thirds majority. In this case since The Government has rightly ex­ the whole power is handed to the pressed abhorrence over the apartheid Election Commission (which is under policy of South Africa, but what is the control of Parliament by simple it trying to introduce into Malaya majority) whose proposals of delimita­ under these amendments? Surely it tion need the recommendation of the is trying to introduce the patrician Prime Minister to Parliament, Sections, and pleb system of the old Roman 8, 9, 10 and 11 of the 13th Schedule Empire, consisting of a privileged and must apply, in which case this House an under-privileged class. It is my may only by simple majority approve belief, Sir, that the Government cannot this delimitation. If this House rejects deny that these attempts are directed that Bill, it may be amended and to give a bias to elections, that the presented again by the Prime Minister Government is moved not from the for approval, again by a simple standpoint of a Malayan Government majority of this House. What does but assumes a racialistic standpoint; that mean? It means that, ad hoc, the and it is also my belief that this is whole thing is taken out of the Con­ 4 destructive to the constitutional and stitution and placed into the 13th fundamental rights which the Prime Schedule, which oonflicts with the 4219 29 JANUARY 1962 4220 spirit of Article 139 which requires a go into the matter carefully and deeply, two-thirds majority to amend any you will realise how dangerous this is, provision of the Constitution, thus because one small group of people, defeating the spirit of the Constitution clever people, can maintain themselves which requires two-thirds majority to in power by the simple process of change any of the fundamental rights delimitation. of the citizens of Malaya. Sir, we cannot deny that if this Bill Representation, Mr. Speaker, Sir, I was passed that what can happen respectfully submit, is a matter regard­ could be this. Firstly, racialism may ing fundamental rights, and surely if be used as a reason for any amend­ the Government had intended to stick ment to any constituency's representa­ to the constitutional principles, then tion, thus dividing the country not delimitation at least would or should only into privileged and under-privi­ require in every case a two-thirds leged classes as regards citizenship but majority, not half, assuming that we also into racial districts, because agree on weightage-which we do not. districts may be selected according to Assuming that we agree on weightage, racial lines. How then can we have at least give this House the respect of a united Malayan people? How can having to require that the Government we hope that one day we can call obtain a two-third majority before it ourselves "Malayans"? There is bound can change any of our constitutional to be resentment.' Secondly, with this right of representation-that the one to two ratio, the ultimate result government obtain the approval of at will be that representatives of less than least two-thirds of the representatives 50 percent of the electors can change of this House for any such demand. constitutional representation when representatives of the majority of It is absurd to require that future electors being less in number in this changes of representation should House, would not be able to carry require only the approval of a simple through the wishes of the majority of majority in this House because ...... the people of Malaya. because even now the Government was elected by a total number of 795,877 Again, it has been said by Mr. votes as opposed to 751,587 votes Carnell, whom I have referred to this given to the Opposition. So, pro­ morning, as follows: portionately the people whom we "Parliamentary government in Malaya represent in the Opposition is nearly can never hope to satisfy the deep equal to that which this Government social frustrations of the communists, and is supposed to represent, and yet we those in sympathy with communism, do not have anywhere near half the unless it can provide something more number of the representatives in than mere ballot boxes. It must be built this House. Imagine what would upon a ground structure of community happen if in effect the urban con­ development in the widest sense, on responsible trade unionism, community stituencies in future were cut down projects, voluntary bodies and youth by half. It is quite possible then organisations in which the socially adrift that Government representatives in members of Malayan society may find this House, who represent less than opportunities both for service and half the people of this country, could leadership." vote to change representation in "Here Malayans might well learn from Parliament if they only have a simple India. Not only are the community majority. We might get the absurd projects one of the main sheet anchors figure, for example, of a Government of Indian democracy, but India's leaders with about the votes of 400,000 themselves have set a high standard of people changing the constituencies social service and self-sacrifice. The against the wishes of the representatives wealth of individuals is rapidly being who may very well represent people liquidated. Princes and landlords have • voluntarily agreed to the loss of their who may number over a million. If you lands and fortunes. The professional 4221 29 JANUARY 1962 4222 middle class accepts a scale of taxation was split on two issues. One was on which is penal even by British standards education and the ·other was on The whole tone of India's great experi­ representation-and I hope I am not ment in democracy is one of austerity. Are Malaya's leaders prepared to make wrong if I say that the Honourable such sacrifices?"-and I repeat that the Minister of Justice did in 1959 question: Are Malaya's leaders prepared assure the people that there would be to make such sacrifices?" no amendments to our Constitution (Applause) and the Honourable the "There would seem to be little evidence Prime Minister also said so; and the of such leadership at the moment."­ and I have a copy of Mr. Camell's success in the 1959 elections of many pamphlet here for anybody who wants of our representatives here today was to refer to it- based on this promise. The Alliance promised in effect that there would be "The characteristic feature of Malayan no change on education and of the society is still its extreme materialism Constitution. and the measurement of a man's worth is wholly by the wealth he can fl.aunt. All the while such values persist it may When Dr. Lim Chong Eu withdrew, be confidently predicted that communism the late Tun Cheng Lock Tan's letter will continue to attract the youths of was published by Mr. Yong Pung Malaya." Hou, and the late Tun Cheng Lock Tan said, "I support your demand for In other words, if the Government the coming meeting of the Alliance."­ wishes to maintain itself in power, it and this was on representation of the does not have to employ such trickery Malayan Chinese Association to this as delimitation, but it should set an House. We of the Socialist Front example and start national projects fearing such changes asked the people which will give people confidence, in to give us at least one-third representa­ the Government. However, unfortu­ tion in this House; we feared that nately in Malaya the opposite is there might be amendments to the becoming more truer and truer. Constitution and we needed one-third Instead of diminishing wealth, rapa­ to safeguard the Constitution. But the cious landlords and business tycoons Government assured the people and become more rapacious and more said, "No. The Constitution will not greedy daily-their ranks are swelling be amended. Give us more than two­ with new recruits while the people third." More than two-third majority ache and groan under their heels. And was given to the Government on such instead of necessary and popular a promise and what has happened reforms required to keep the Govern­ today? ment in power, the Government attempts to maintain power by the Mr. Speaker, Sir, the Education supression of liberties of the people; Ordinance was changed, the Constitu­ and those who oppose, as demon­ tion was amended in 1960, and now strated above, are silenced. There is a the Constitution is to be amended danger that unless this trend is stopped, again. If we do not stand firm now for the Government may very well be our own principles and our own rights, surrounded and run by men whose how far backward are we still going sycophantic "Yes, Sir" may rever­ to retreat? Let the Government remove berate emptily through the halls of the whip and let each man vote Government. according to his conscience, let each man vote as he thinks he should vote. Sir, in 1954 we were promised a Unless a strong protest is made now, nation of happy united peoples and when will such encroachments cease? an amnesty was offered. Alas! That We have seen amendment after amend­ was not to be. In 1957 we were ment to this Amendment Bill, and the promised a Shangri-La. Alas! The Honourable the Deputy Prime Minister Constitution is to be changed. In 1959 said this morning that certain amend­ • the Malayan Chinese Association ments were made because of ~~~~~~~~-~~~--~~~

4223 29 JANUARY 1962 4224 representations of the Malayan Chinese Sir, I would also at this early stage Association and the Malayan Indian like to refer to a short remark made Congress. They had pleaded with him, by the Honourable Minister of Justice so it seems. I ask: Did they plead in the year 1954 on Sunday, the 13th with him on their bended knees, or June, at the Hotel Majestic, Kuala did they plead as men? Lumpur-and that short statement gives us an indication and explains Mr. Speaker, Sir, in view of the fact to a large extent, one remark made that there had to be amendment after by the Honourable Deputy Prime amendment, I would like to ask this: Minister this morning. I quote the Did they plead as representatives of exact words of the Honourable Minister themselves or as representatives of the of Justice, who spoke on that faithful people, or as representatives of their morning: Parties? In other words, was this ever referred to their Parties, or did they "The Malays ask for, have faith in, choose themselves to amend this Bill? and reply upon, our loyal support in If so, then I ask this question: Are their struggle for self-government. God they not ashamed of themselves? We help us, our children and our children's have a very noble task to perform children, if we should fail the Malays in any way at this critical juncture of the in Parliament. This is a new demo­ struggle. I have frequent contacts with cracy. The reason why many of us are the Malays, both their leaders and kam­ here is because we believe that we pong people, and I can claim to know would be able to do something for intimately their outlook in life, suscepti­ those who voted us in. It is because bilities and feelings. They are equally we believe that the Constitution apt to regard anyone who is not with could achieve something for our them as against them." children; it is because we believe that in South-East Asia among all new Mr. Speaker, Sir, I regret, if that is emergent independent countries, we at is a true analysis of our brethren. least could do something that is This morning the Honourable different. We are here to protect our Deputy Prime Minister has said words Democracy. But what are we presented to the effect that evil men may try with today but an attempt to destroy to mislead the people on these proposed democracy? The Honourable the amendments. If that is an indication Minister of Finance has said that we of the attitude taken by the Deputy must not have democracy destroyed Leader of this country, then I shudder in the name of democracy. And I say "Yes"-and this Bill is a major step to think what justice and what fairness towards the final destruction of we will be getting in this country. constitutional progress in this country. Here, I would refer to a speech And we must vote against it. Thank which the Honourable Prime Minister you. made in Ipoh-1 think, on the 14th Enche' D. R. Seenivasagam (lpoh): or 15th of this month-when he Mr. Speaker, Sir, I would like to start referred to the People's Progressive by congratulating the Honourable the Party of Malaya as "devil's disciples"; Deputy Prime Minister, not for the and he said words to the effect that substance of what he said, but for the the "devil's disciples" would be brilliant manner in which he has opposing these amendments. Even at tried to hoodwink and camouflage the this stage when we have not made one sinister motive of the amendments single statement on the proposed proposed in this Bill. In that respect amendments to the Constitution, the the Honourable Deputy Prime Minister Prime Minister of this country thought did an almost perfect job, but not per­ it fit to say that we were going to fect enough to camouflage sufficiently oppose the amendments. Perhaps, it the motive which is obvious to those was a question of conscience being ~ who would be considering these pricked. I shall in the course of my amendments. address refer largely to statements ··i

4225 29 JANUARY 1962 4226 made on that fateful Sunday in June, gotten; and in the course of my talk, 1954, by various personalities who sit I will try to prove by the actual words in this House and some who no longer used-I can produce tape-recordings sit in this House. if I am asked to produce them-that promises were made; definite, specific, Mr. Speaker, Sir, the proceedings promises were made on the 13th June, of this House today, when we are the fateful Sunday in 1954, at the asked to give our support to this Bill Hotel Majestic by the leaders of the to amend our Constitution, will take UMNO to the leaders of the MCA. its place in the history of this nation as the day of shame and an occasion Mr. Speaker, Sir, what is today when the elected Government of the going to be a tragedy of the Malayan Federation of Malaya blatantly and people can well be the tragedy of the without conscience-I repeat the words Malaysian people in the future, if "without conscience"-is attempting they come in with their eyes closed, to mutilate the sacred Constitution of or are unaware of what is happening our land. Sir, it is particularly a sad in this country today. It is, therefore, occasion, a very sad occasion, because more regrettable than ever that at this the very persons, who brought in the stage, when the Government rightly Federal Constitution in 1957, are now or wrongly is trying to build up from time to time trying to violate Malaysia, these matters should be put what has been described as "a sacred to this House even without giving document". sufficient time for the Malayan people Sir, the proposed amendments are to consider them. certainly not minor ones. They are This morning the Honourable certainly not a tidying-up process; but Deputy Prime Minister made a very they certainly do touch the very foundation of the Constitution, because significant statement when he said that in the Constitution of any country. the amendments had been put forward the fundamental issues of citizenship after consulting the views of all sections and other freedoms are found in it, of the community. Mr. Speaker, Sir, and in our country the Election Com­ it is pertinent to ask by what method mission was also one of the important were the views of all sections of the factors considered by the Reid Com­ community ascertained. As far as I mission. Mr. Speaker, Sir, if these am aware-if I am wrong I am subject amendments get through this House, to correction always--there was never they will shake the very foundation of any attempt to get public views or our Constitution. The Bill and the opinions of the communities that proposals therein constitute a challenge reside in this land. If the Honourable to the Malayan people. It is not a Deputy Prime Minister meant the challenge to die Opposition, it is a views of his Party and of the Members challenge to the people of the Federa­ of the Alliance, that is a different tion of Malaya in particular, and it is matter. But I think the time has also a challenge to the Malaysian come that even the Government must people of the Malaysian world. And realise that the partners in the Alliance I say this-that when these proposed do not in their own right represent amendments come into this House at their communities any more, because this stage, it will be well for the people sitting in this House on the Opposition of the Borneo territories and the Benches is the majority party which Malaysian group to think well before represents the views of certain com­ they accept bare promises. munities in this country, and I do not think that the MCA or the MIC This Bill itself and the proposed can properly, fairly or justly, say that amendments go a long way, in fact they any longer represent the majority long enough, to prove that promises views of their communities. That is made to political allies ·can, within a proved at the Parliamentary Elections • short space of time, be easily for- held in 1959, because if you take 4227 29 JANUARY 1962 4228 constituency by constituency, you exact words of the Honourable the must agree that the Socialist Front and Prime Minister of the Federation of the People's Progressive Party of Malaya, by quoting the exact words .. Malaya represent the majority views. of the Honourable Minister of Justice, On those lines, therefore, I should by quoting the exact words of the late like at the appropriate stage to get Tun Tan Cheng Lock, who spoke at clarification of what is meant by "these that meeting when it took place on a amendments have been put forward very important occasion. after consulting the views of all sections of the community." Mr. Speaker, Sir, in the world many nations have Constitutions-some of Mr. Speaker. Sir, when the Reid them are written, some of them are Commission came here, it is true that unwritten. The written constitutions all sections of the community from all are drawn up, they are approved and walks of life were consulted and ample accepted as the supreme law of the opportunity was given to them to put land. Such constitutions are treated forward their views individually or as sacred documents; they are never collectively to that Commission. But I treated as ordinary laws of the land say that in introducing this Bill no such which can, within reason, be amended opportunity was given to the people from time to time. They are not of the Federation to express their interfered with by the governments of views. Sir, we of the People's Pro­ those lands without a specific mandate gressive Party of Malaya stand from the people of those countries, and vehemently one hundred per cent here it is pertinent to say, as the opposed to this Bill in its entirety, Honourable Member for Dato Kramt because it is not possible, and it would has said, that during the 1959 elections not be convenient, to divide the Bill in the Federation the Alliance Party, into various sections and for us to say which has come into power again we can support this, we cannot support with a substantial majority, did not that. But the safest course for us is indicate at any time to the people of to oppose it in its entirety, because we this country that they would amend. oppose all the major amendments or had in mind to amend the Consti­ which the Bill proposes to make-on tution of this country. I say that the citizenship, on elections and on other Alliance has a mandate to govern this matters which have been proposed country in accordance with the there. We oppose it on various grounds, Constitution of this country which one of them being that it constitutes exists. I say that the Alliance has no a breach of faith to the people of the mandate from the people to amend Federation and will be a betrayal of the Constitution itself in so funda­ some of the fundamental rights of the mental a thing as citizenship rights generations to come in this country. and other matters which are before us. We oppose it on the ground that it I say that, for that purpose, it is the is a gross betrayal of a secret duty of any respectable government oromise-and I emphasise the words either to go back to the people on "a secret promise"-made by UMNO elections and ask them for their leaders to MCA in 1954 on the mandate, or by some other process 13th June at the Majestic Hotel when as a referendum to get the views of these two Parties were discussing the people of this country; and I say constitutional proposals for Malaya that it is disgraceful haste for a and its inhabitants. The secret promise, government to ask the people to accept Mr. Speaker, Sir of which I am the amendments after publishing the speaking, was in fact made on ques­ Bill on, I think, the 2nd or 3rd of tions pertaining to the proposed this month and having it debated in amendments which now stand before this House so shortly afterwards. us, in particular to citizenship. It is There is no doubt that this Bill was a fact, and I shall prove it in the presented and read the first time in course of my talk by quoting the the Dewan Ra'ayat in order to be 4229 29 JANUARY 1962 4230 printed on the 20th of April, 1961. tact as possible. To do this with any But, Mr. Speaker, Sir, none of us degree of usefulness or clarity, one !aw this Bill until about the 2nd or must take our memory back to as far 3rd of this month-if I am not back as 1954 and the years that making a mistake. immediately followed, for it is in those years that the foundation, if I may Mr. Speaker, Sir, within the short use the word, of Sino/Malay co­ space of four years from the attain­ operation in this country was laid. ment of independence the Government, Those were the years when UMNO and if this Bill gets through, would have MCA-it is no use talking about MIC made about 50 amendments to the as they did not even go to London Constitution-SO amendments from for the constitutional talks, they even 1957. Surely, I think everyone in this did not bother. Therefore, I confine House must agree that this is an all myself to UMNO and MCA. It was time record in world history, an all during those years that the Alliance time record which it would be hard of UMNO/MCA was trying to lay to beat in the future, and the Federa­ the basis for non-communal harmonv tion Government will, if there is a in this country. Therefore, that is the competition, take first prize for most important period, that is the irresponsibility and recklessness on a period when the MCA asked for matter of such paramount importance, certain promises and UMNO gave because I have tried to search, I have those certain promises in secret. Those tried to get knowledge from books promises were made known to the available and I cannot find any country General Committee of the MCA on in the world which has amended its the 13th June, 1954. Mr. Speaker, Sir, constitution in such a reckless manner from there we will, of course, have as the Alliance is now trying to do to go to the Reid Commission and within the short space of four years. finally to the proclamation of inde­ It makes the situation all the more pendence itself. Those are the relevant fantastic when one recalls that it was periods on the issues now facing us the Alliance which accepted the in these amendments. Now, in and Constitution in its original form as around the year of 1954 when the being fair and just to the people of Malayan people were seeking inde­ this nation. Mr. Speaker, Sir, the pendence, we will all admit that the proposed amendments invade several most powerful political organisation issues-several vital issues, such as in this country was the Alliance of citizenship, electoral issues, indepen­ UMNO/MCA-the MIC joined in at dence of the Election Commission, to a later date after saying, "May I come mention a few. Those are only to in?". As such, this organisation of mention some; those are matters of UMNO/MCA and later the MIC, the greatest importance to the people, three communal organisations, each and they are some of the matters which perhaps powerful in their own right, bind a nation together. If you remove each perhaps at that stage was justified those rights or the safeguards, which in saying, "Our voice is the voice of are in the Constitution, for those our community." On that basis, the rights, then you get a nation of MCA negotiated with the UMNO. people who have no confidence in the future, who will lose confidence Mr. Speaker, Sir, these two in this thing we call democracy; they organisations considered this matter­ will be bitter; they will be disillusioned considered very strongly, very seriously and forever remember with bitterness the question particularly of citizenship. all those who suppot;t this act of They also considered such questfons treachery to subvert he Constitution of as language, education and other this country. matters. It was, of course, realised that independence would come to this Mr. Speaker, Sir, let me now try country only if the three major races to back up our stand with as much put up a united front. UMNO, there- 4231 29 JANUARY 1962 4232 fore, had to serenade the MCA, different. In this period, matters­ With regard to the MIC, there was again, matters such as citizenship, no need even to serenade them, equality of the people and othet because its leaders were so confident matters of importance-were discussed of getting a square deal from UMNO between these two partners. Certain that the President did not even want terms, certain assurances were made to go to London for the Constitutional and given by the leaders of UMNO Talks. Mr. Speaker, Sir, that was the to the leaders of MCA. This was the position in 1954, at the time of what period, Mr. Speaker, Sir, when persons has now been known as the "Lyttleton like the Honourable the Minister of proposals"; and we all know what they Justice described the principle of jus are. In the quest for independence· and soli unmitigated, unadulterated-des­ in view of the apparent reluctance of cribed the principle of jus soU as the the colonial powers to give up their birth-right of the Chinese in this possessions, it became necessary in country. Mr. Speaker, Sir, where has 1954 for UMNO to take a very that birth-right gone? Where is the important step. UMNO, then under the glory of that birth-right which the leadership of the Prime Minister now, Honourable the Minister of Justice had to consider taking firmer action spoke on that fateful Sunday, 13th to make Britain realise one thing-that of June? Mr. Speaker, Sir, this was independence for Malaya could not be also the period with the big names held back much longer. UMNO, in the MCA-Colonel Lee, the therefore, decided to boycott the Honourable the Minister of Justice, Lyttleton proposals, particularly in the Honourable Too Joan Hing, now relation to elections. It was contended the Member for Teluk Anson, and, that they were not democratic plans of course, the late Tun Tan Cheng­ for democratic elections in this country. Lock. Mr. Speaker, Sir, throughout UMNO took up the stand by saying this period, of course, there was that those proposals would not give . pervading the name of Mr. T. H. Tan, the elected members the opportunity the Executive Secretary of the MCA. to express the wishes of the people of this country. That was correct. And Mr. Speaker, Sir, when UMNO therefore UMNO, as an organisation, called upon the MCA to join in the decided to boycott and called out its proposed boycott, the MCA called an members and supporters from the emergency meeting of what has been Legislative Council and other sub­ described as a "top secret meeting of ordinate bodies in this country as a the General Committee of the MCA". sign of protest and an indication that That was a fateful day on which the they were not satisfied with the MCA had to decide whether it was Lyttleton proposals. Now, UMNO, if going to throw in its lot with UMNO they did it alone, would not be of and demand independence, or whether much use. They had to show England it was not going to throw in its lot that the people of Malaya were united with UMNO. Mr. Speaker, Sir, this in their demand for independence. meeting, as I said, was held in Hotel UMNO, therefore, called upon its Majestic, Kuala Lumpur, on the 13th partner, the MCA, to stand shoulder of June, 1954. Among the leaders of to shoulder on this move, on this UMNO, who addressed the meeting, vital issue of the Lyttleton proposals. was the President of UMNO, whom we know as the Prime Minister of the Mr. Speaker, Sir, this is perhaps Federation of Malaya and still the the most important period in the President of UMNO. And among the history of this country and it will be MCA leaders. who addressed the the most important period in the meeting were the President himself, history of this country for all time, the Honourable the Minister of Justice because, if at that time the MCA had and several others. Those speeches, not stood with UMNO, things in those observations have a very great Malaya today might have been bearing on what is happening in this :~

4233 29 JANUARY 1962 4234 country today. From those speeches, UMNO leaders that once the Alliance is from those observations we will know returned to power, these questions can whether there has been a breach of be satisfactorily and equitably settled." promise, whether there has been a Another quotation- breach of faith to the people of this country. Mr. Speaker, Sir, behind "There is no reason to doubt the closed doors, to the General Committee sincerity of UMNO leaders. Mr. T. H. Tan, our Executive Secretary, who went of the MCA were given the assurances to London together with Tunku Abdul and the promises of which I talk. Rahman, and with him and Dato' Razak Such promises had so far been kept negotiated with Mr. Lyttleton, reports secret from the rank and file of the that he is convinced of the sincerity and MCA, and even up to today I do integrity of UMNO. Mr. Tan has strongly not think the rank and file of the cautioned against giving the Malays, i.e. MCA know of those secret promises UMNO, any feeling of being let down by the MCA. Conversely, Mr. Tan is which were made. Those promises convinced that the Malays will not let were on the vexed question of citizen­ down the Chinese. The Malays realise ship, on the vexed question of equality. as much as we do that the only hope On those assurances, on those for Malaya lies in the co-existence, on promises given by the Prince, the an equal basis, principally of Malays and Prime Minister of this country, the Chinese and also of the other com­ MCA General Committee decided to munities." throw in its lot with UMNO and stand Mr. Speaker, Sir, that is a short shoulder to shoulder with them. extract from the speech made by the President and I read that for one Mr. Speaker, Sir, I will now quote purpose. If that does not prove any­ the exact words, to start with, which thing, it does not show anything much; were said or spoken by the late Tun but taken with what I am going to Tan Cheng-Lock, and this is what he read subsequently, it proves a lot. said which is relevant to our debate. That ends the extract. which I intend The whole speech is, of course, to read from the President's speech, available to anyone who wants to that is the late Tun Tan Cheng-Lock. refresh his memory, and I can always I read that to show that at that early produce the speech on tape or in stage UMNO and MCA both realised writing-I have both. This is what the that the question of citizenship must President said: be settled. That extract shows that the "This meeting has been called to get MCA trusted UMNO to be fair and the views of the MCA members as to just. Those are the two inferences you whether they will give support to a call can draw from that speech. to all MCA Members of the Federal Legislative Council, State and Settlement Mr. Speaker, Sir, I will go on to Councils, Municipal Councils, Town read the speech of the Honourable Councils, Government and semi-Govern­ the Minister of Justice which is the ment Committees to act jointly with most illuminating of all the speeches. their UMNO colleagues when it becomes necessary for UMNO members to resign Here in fairness to everybody, in­ from these bodies." cluding the Honourable the Prime Minister, I feel compelled to read Then, another quotation- the whole of it-it is a short speech. I quote: "UMNO and MCA have formed a political alliance with the object of "I second the amended motion movud obtaining independence for Malaya by by Colonel Lee. We Chinese have come graduated stages and by constitutional to a very critical stage in our history means. It is realised that as far as the in this country. We have come to the Chinese are concerned, there are several crossroads at which we have to choose issues of outstanding importance still between alternative courses of action. unsettled, such as the question of citizen­ Our happiness and the happiness of our ship, franchise, immigration and national children and our children's children will schools. We have the assurance of depend on our proper choice. We have - -·------

4235 29 JANUARY 1962 4236

at this moment confronting us a Look at the Federation of Malaya Agree­ momentous issue, a grave political pro­ ment in which by a stroke of the pen blem, which demands our immediate a million of us were deprived of our solution. Whether we and our posterity birthright to jus soli." are to live in peace and harmony in this country will depend upon our decision I pause there for a moment-by a today. We have on the one hand the stroke of the pen a million Chinese British Colonial Government administer­ were deprived of their birthright to ing the business of this country whose jus soli. Mr. Speaker, Sir, what is primary and most important purpose is, happening to that birthright of the naturally, to the benefit of the mother million Chinese in this country? country. The interests of the country are at best of secondary importance to it. "(2) The Immigration Control Ordi­ The British Colonial Government has nance under which we shall never be sincerely promised self-government to the able to invigorate our race with new people, but it is fulfilling such promise blood." in a half-hearted manner. It proposes election in such a way that there is no In other words, the Honourable guarantee that the electorate represent­ Minister at that time wanted the atives will be able to carry out the wishes Chinese to be invigorated with new of the people. We have on the other hand a powerful organisation representing blood-I take it from China, of course. 90 per cent of the Malay population What is happening to immigration vigorously demanding self-government. now? When I say 90 per cent of the Malay "(3) The Education Ordinance is slowly population, I speak from personal strangling to death our language and experience of attending many UMNO culture." meetings in kampong and country dis­ tricts. With this organisation, MCA has What is happening now? formed an alliance. We owe the alliance to the genius and foresight of Colonel "(4) The Lotteries Ordinance which Lee. destroys our welfare work by depriving us of the means of helping the under­ Now, the MCA happens to be the privileged and the distressed. The largest and most powerful organisation Registration and Licensing of Businesses which claims to be really representative Ordinance, which discriminates again and of the Chinese in this country, and aims to strangle small Chinese business­ whatever MCA does can be taken as the men in their infancy and to deprive them action of the Chinese community as a of the chance of gradually building up whole. The question for us to decide and for further expansion. is : "(i) whether on the one hand we should go all out in support of the The British Colonial Government is Malays in their struggle for self-govern­ not going to be with us for ever and it ment-when I say go all out I mean we is going and will go overboard. What should march shoulder to shoulder with ephemeral benefits have they conferred the Malays, even through prison doors, upon us. if necessary; or (ii) whether on the other General Templer himself once told hand we should submissively fall in step me that self-government and independence with the British in their colonial policy may be with us sooner than many of us with the hope of getting whatever thought. I appeal to all those who wish favours or benefits they have given, or to put their eggs in one basket under may be expected to give. I have searched colonial rule to weigh this well." my mind and examined my conscience in all seriousness and have come to the Then, Mr. Speaker, Sir, he goes on conviction beyond all doubt that the with his reasons why they should only course open to us is that we should throw in their lot: throw in our lot with the Malays." "The British Colonial Government has Then the Honourable Minister goes on never given, or even offered us equal to say: citizenship. On the other hand, it is the sincere promise and aim of UMNO "I give you my views: leaders to give us equality. It is owing (1) As long as the colonial system of to the present delicate political situation government remains in this country, we that they have not been able to publicly Chinese will never get a square deal. declare the purpose." 4237 29 JANUARY 1962 4238 Gentlemen, they have not been able with the principle of jus soli, and publicly to declare the purpose of this is further confirmed by another giving equal citizenship to all Malayan speech of the Honourable the Prime Chinese~perhaps, this birthright was Minister himself, a prince in his own taken away by the Federation of right, whose words were accepted by Malaya Agreement. the Malayan Chinese Association. Now, I will read two extracts of the "From my frequent contacts with them in dealing with present-day problems, I Prime Minister's speech to the MCA am convinced beyond any reasonable Committee on that fateful Sunday. doubt of their loyalty and sincerity. The Mr. Speaker, Sir, before I do that, I future happiness and prosperity of this would like to say that what I am now country depends upon the friendship, reading are important matters and I goodwill and loyal co-operation of the am reading them exactly, word for two major races living side by side in word, as said on that morning. I am this country. Both the Malays and we not adding one word, I am not sub­ Chinese fully know and appreciate their importance. Everyone of us should do tracting one word, and this is what the everything within his power not to injure Honourable the Prime Minister said but to strengthen the friendship, goodwill to the MCA General Committee that and loyal co-operation subsisting between morning: the Malays and the Chinese. Even the British Colonial Government has preached "There are still a small section of from the house-top that there could be Malays who are still distrustful af the no self-government and independenc~ Chinese. When UMNO vote to give rights unless the two races could live in harmony to those born in this country, voting side by side. While both self-government rights as the first step, they look at our and independence are in the offing, it action with awe and suspicion."- is up to us to promote harmony which is so essential and vital to our future that was speaking about Lyttelton's co-existence. The Malays have asked for, talk and other matters. Then he went have faith in and rely upon our loyal on to say: support."-1 have read that first. "The greater number af Malays believe "I foresee with horror the fate of in the honesty and sincerity of their those who sit on the wall and watch leaders and approve wholeheartedly our with indifference others making sacri­ action. This proposal, however, has been fices in the coming struggle. Gentle­ turnd down by the Colonial Secretary, men, I have finished." but that is immaterial. The principle of That was the speech of the Honour­ jus soli has been accepted by UMNO able the Minister of Justice. Two and the rest will follow." significant points stand out. The What does that mean? Mr. Speaker, Honourable Minister, addressing the Sir, the principle of jus soli, which General Committee of the MCA, means citizenship by birth has been condemned the Federation of Malaya accepted by UMNO-the words of the Agreement quite rightly, because by a President of UMNO to the MCA in stroke of the pen it deprived Malayan a serenade to join the UMNO in that Chinese of the princi pie of jus soli or boycott. Those are unqualified words. citizenship by birth. Then he went on There was an unqualified secret to say, "The Colonial Government has promise made which the Honourable never promised equal citizenship to the the Minister of Justice said they Chinese" and he added, "but UMNO could not publicly say at that time. has promised equality, but they cannot What is the position now? Is that declare that promise publicly because promise going to be kept? Is the word of the delicate political situation at that of UMNO given through their Presi­ time"-in 1954. Mr. Speaker, Sir, the dent in 1954 going to be kept, or proper inference is that UMNO going to be violated to the everlasting accepted the principle of jus soli with­ shame of the Alliance Government? out any qualification. They accepted the principle of jus soli where one Mr. Speaker, Sir, it is a reasonable million Chinese would be reinstated inference to draw that if UMNO f ------~-

4239 29 JANUARY 1962 4240 thought that its leader had not the MCA Members not in the sense • promised the principle of jus soli to of a challenge, because I do not think the MCA, then the situation might that this is an occasion so light that well have been different. The situation challenges can be thrown, but I call might have been that the MCA might upon them as citizens of this country, not have decided to join the boycott as fellow-legislators, as fellow-parlia­ and throw in their lot with UMNO, mentarians, to consider well what is because it is clear that the Prime happening. I ask them to search their Minister, or rather the President of conscience and do what decency and the UMNO, has at that time specifically honesty of purpose must surely picked on jus soli and made a promise compel them to do--that is to oppose that the UMNO accepted the principle the move to amend the Constitution of jus soli. I ask Honourable Members, which is so blatantly a breach of what particularly of the MCA and the was promised in 1954 and which at Malayan Indian Congress, "Is that not that time vastly influenced the leaders going back on the word given in 1954 to throw in their lot with UMNO. to the MCA; do you know of that Mr. Speaker, Sir, I ask them to con­ promise; were you ever told of that sider-gentlemen of the MCA and, meeting; do you ever know the I might add, of the MIC-whether existence of such a meeting at the they will be doing right to support a Majestic Hotel?" I ask you to consider move which so clearly modifies-I use carefully, consider it according to your the word "modifies" and I do not own conscience, and, as the Honour­ say "destroys" here-the principle of able Minister of Justice said, "I have jus soli to such a large extent that it searched my conscience", I ask you becomes a mere farce on a piece of to search your conscience. paper in which there is not much jus soli left. Mr. Speaker, Sir, we all as Mr. Speaker, Sir, on that basis, on human beings pass through this world that promise, the foundation of co­ only once, we are a passing parade, operation between UMNO and MCA and we do not last forever. Let us at stood. The future of the people of least in this do something which is this country had been placed into the right for posterity to remember. hands of the UMNO on a secret promise, the MCA fully believing that Mr. Speaker, Sir, we come with that that promise will be kept for all times. promise, with that co-operation, which What is happening today? What is the UMNO got, to the period of the Reid Alliance Party, or I should say, Commission. Before that there was a UMNO doing? It is clear from the talk in London, I think, in 1956. The Honourable Deputy Prime Minister's Honourable Prime Minister went there opening speech that the MCA was with representatives of his party, not consulted before this Bill was put representatives of the MCA-and, of out. It is clear that the UMNO is course, the MIC chose to leave it all deviating from_ the secret promise which in their hands-and they came back it made and which was put forward with the promise of Merdeka in 1957 with such emphasis to the General and there was set the basis for the Committee of the MCA. Reid Commission to come to this country. Mr. Speaker, Sir, I take it Mr. Speaker, Sir, I cannot under­ that it was necessary for the Reid stand why UMNO leaders made that Commission to come to this country, promise that UMNO had accepted the because this country had circumstances principle of jus soli or citizenship by peculiar to itself which required very birth, if it did not intend to imple­ careful attention before a constitution ment that promise. Subsequent events could be brought out which would after Merdeka clearly showed that this satisfy at least the larger proportion promise which was put to the General of the population in this country. Sir, Committee was being slowly but surely the Honourable Member for Dato violated from time to time. I call upon Kramat read an extract of the Honour- 4241 29 JANUARY 1962 4242 able Chief Minister at the time when Testament. Mr. Speaker, Sir, citizen­ he introduced the motion to accept ship by right of birth was recommended the proposals on the Constitution. by the Reid Commission and, finally, Now, that extract clearly shows that when it came as the Constitution of even the Alliance was satisfied that this country the principle of jus soli the Reid Commission had done a or citizenship by birth was recognised proper and thorough job of work. as far as persons born in this country Before the Reid Commission came after independence day are concerned. here-and here it is necessary for us There you have the first deviation from to recall that delegations went to the promise which the Prime Minister London-a delegation from the Chinese gave to the MCA; you get the first Guilds and Associations, for instance, deviation from the stand of the led by people like Mr. Humphrey Honourable Minister of Justice that Ball, Honourable Mr. Tan Kee Gak, one million Chinese were deprived by Mr. Lau Pak Khuan and several other the stroke of the pen of the principle persons went to London demanding of jus soli; and there you get the first what? They demanded the principle stage when the MCA started to draw of jus soli, a principle which the back-Mt. Speaker, Sir, very good. President of the UMNO had accepted Then came the Commission itself. Its but which nobody in the country report was debated in the former knew, because they could not declare Legislative Assembly. There began it publicly because of the delicate again the first glimmer, the first political situation then. indication, that the Alliance Party, although accepting the major part of AN HONOURABLE MEMBER: No! the recommendations made, had made alterations here and there which Enche' D. R. Seenivasagam: You did not satisfy some leaders of the can speak later. Don't interrupt. Mr. MCA-people like Mr. S. M. Yong Speaker, Sir, that being the position, spoke out at the Legislative Council these people from the Guilds and meeting condemning the Report; Associations also went to London to people like Mr. Devaser also con­ demand equality and citizenship by demned the Report; people like birth, to mention two. What happened, representatives from the Guilds and Mr. Speaker, Sir? They were branded, Associations said, "We are not satisfied if I may use the word, as Kuomintang with it, because it gives us "second­ hirelings, disloyal elements, trying to class citizenship" and we want jus soli, create trouble in this country. I unmitigated, untarnished." There came cannot understand it, when we realise the first deviation from an under­ that UMNO itself had accepted that standing come to between the two principle of jus soli. parties. Then came the Reid Commission Mr. Speaker, Sir, then came the to Malaya. Memorandum after acceptance of the Constitution. Four memorandum were sent to it. The years have passed. Even to this very MIC sent one, the PPP sent one on minute we have not been told by its own, the MCA sent one on its own, anybody what is the problem which has the UMNO sent one on its own. So come up which necessitates this change did several other Guilds, Associations, in citizenship. What is that you call public bodies and individuals. All "in the light of experience"? What is shades of opinions were sent, but out­ the experience? Is it suggested, Mr. standing among these, as far as the Speaker, Sir, that there are so many Reid Commission was concerned, was thousands of illegal citizens in this the document known as "The Political country that we must tighten up this Testament of the Alliance Party". The law? If that is so, you are not tighten­ Reid Commission's recommendations ing up this law. If a man can tell follow very closely the recommenda­ lies that he has resided here for 8 tions of the Alliance Political years and get citizenship by registra------~------~-- ··---~------

4243 29 JANUARY 1962 4244 tion, he can equally tell lies that he can be only one reason, and that is has resided here for 10 years and this: that the Government of the get his citizenship by naturalisation. Federation wants to have less and less Then, where is your argument that citizens in this country by registration, you are tightening the laws because application and by the principle of people who are not entitled to citizen­ jus soli. That is the only reason why ship have been getting citizenship? this law is being amended. Mr. Mr. Speaker, Sir, we are not told how Speaker, Sir, it is very, very clear to many such illegal citizens got their us that MCA was not consulted as citizenship and by what method. What a body-I emphasise as a body­ is the fraud? Is it under residential before these amendments were brought qualifications, or what is it? How will into this House. The MIC was not this help to solve that situation? Are consulted as a body. If the Cabinet you trying to say that if a man can said that they had consultations, I tell lies that he lived here for seven say that the MCA did not refer it to years, he cannot tell the same lies for their respective organisational level, naturalisation? Mr. Speaker, Sir, what and the MIC certainly did not even is the necessity to further violate the think of it. Mr. Speaker, Sir, it has principle of jus soli. Are you not been said that subsequently appeals deviating from the established practice and representations were made by of democracy which has lasted for a MCA and MIC for certain amend­ hundred years? Are you not deviating ments. As the Honourable Member for from the constitutional set up in Dato Kramat asked, "What representa­ countries like India? Why do you tions"? Begging representations, or want to deviate from something which demands as equal partners on behalf has been so long established and for of the people? If so, why did the which men have fought throughout MCA not demand jus soli back in the the generations to preserve? Why is Constitution, which was promised to it necessary to deviate from it? And them for the people of this country? here again the Honourable the Deputy Why do you go further back? When Prime Minister's observation is very are you going to stop? Where is the interesting. limit? When is the sell-out going to end? Mr. Speaker, Sir, is it going to With regard to the Election Com­ end at all? mission, the Honourable the Deputy Prime Minister said, "Oh, we are Mr. Speaker, Sir, I will come back following the English system where to citizenship at a later period of my parliament has the last word". Good talk but now I go on to the Election enough! But when it comes to jus soli Commission. The Reid Commission you do not want to follow the made recommendation for a special principles of the English system, you procedure in the Federation. They bore want to adopt your own system. in mind the racial make up of the What is the meaning of it? What is nation; they bore in mind that there the logic in that? When it suits you, must be an independent organisation you follow England; when it doesn't to deal with elections-a specific suit you, you don't bother about recommendation which was accepted England. You follow them either in by the Alliance Party which is still both, or you don't follow them in in power today. Today the Alliance both. Make up your mind one way Party says that system is no good. or another. Why deviate in one and Why it is no good, we have not been in regard to another say that you are told. We have only been told that following England. England does this thing. Mr. Speaker, Sir, but we know why they say it is Mr. Speaker, Sir, therefore, the no good. We know that the Report motives are not as simple as they have for Delineation came out. We know been made out to be by the Honour­ that UMNO opposed that Report at able the Deputy Prime Minister. There various levels. We know that the 4245 29 JANUARY 1962 4246 Alliance Party tried to influence question of knowledge of the Malay properly-I do not say improperly. language is an important issue? Does The Election Commission stood firm one not realise that under Article 17- on their stand; the Election Commis­ where you become citizen by registra­ sion would not stay down on their tion-you are only to have an stand. And now we get this attempt elementary knowledge of the Malay to take away the power of the language? Do you not realise that Election Commission. What inference where you become citizen by can you draw? What is the only naturalisation, you have to have an logical inference you can draw? I adequate knowledge of the Malay say the only logical inference you can language? And I ask, how many new draw is that you are not satisfied with villagers who .are entitled to citizen­ an independent Election Commission ship on all other grounds have an which still has justice and fairness, you adequate knowledge of the Malay want to have the power in your hands language? How then can you say it to do what you like, to monkey about makes no difference? How then can with the constituencies in this country. our friends of the MCA sit here and I say that is a most improper and just keep quiet? (Laughter). What base motive to have. There can be is the definition of "adequate no other interpretation of this attempt knowledge"? You can give any to take away all the powers of the promise you like. You can say, "We Election Commission. Where is the won't make it too hard". Then why sanctity of free elections, where is the change "elementary" to "adequate"? sanctity of democratic elections if the Why not use the word "elementary" Party in power, as the Member for then? Use it for naturalization,--say Dato Kramat says, can change consti­ elementary language. If there is going tuencies from time to time? And what to be no difference, why do you use democracy are you talking about two different terms? Surely, Mr. when so blatantly and so clearly you Speaker, Sir, it is quite clear that they are giving yourself power to use it, are two different words, with two perhaps in a crude way, to give double different meanings, with two different vote to rural folk as against urban standards which the Government must population, because that is the net apply, or indeed intend to apply. If it can be shown to me that there is result of the implementation of the no difference, then I will be glad if recommendations made in this amend­ the Honourable the Deputy Prime ment. Surely, Mr. Speaker, Sir, there Minister will amend the word could be no greater violation of demo­ "adequate" to "elementary" when the cracy as we know it, or as it should time comes in the Committee stage, so be known, in this country. that we will know clearly what the Government wants these people to do. Now, it has been suggested that Assurances alone will not be sufficient. these amendments do not affect many Let it be amended to "elementary"- people. But if they do not affect many let the Honourable the Deputy Prime people, why do you want to change Minister tell us what he means by the laws? If it does not affect many "elementary". You say there is no people, then it does not help you very intention to hinder the people in this much. Then what is the need to change country becoming citizens, but do you it? The fact is that it affects millions realise-gentlemen, I am sure you dcr­ of people-perhaps the million Chinese that for registration under Article 17 who were deprived of their birth­ of the Constitution you have to be right by the stroke of the pen. Is it resident in this country in the aggregate suggested that if Article 17 of the to a period of only eight years? Do Constitution is removed it makes no you realise that for naturalisation large difference to a large number of under Article 19 you have to be in people in this country? Does not one this country for a period of ten years realise that in the amendment the before you can get your citizenship? 4247 29 JANUARY 1962 4248 Is that not a fundamental difference? give them a breathing space, tell us Why remove Article 17? If a man is in this debate for how long Article 17 loyal enough and fit enough to become will be left in the Constitution for the a citizen by naturalisation under people to take advantage of it. Under Article 19, what is the necessity to what provision is it going to be left remove Article 17? The Honourable there, I do not know. But I guess it the Deputy Prime Minister told us will be under the question of "This that Article 17 was only temporary. Act shall come into . . . the different But I ask the Honourable the Deputy parts shall come into force at different Prime Minister, where is it stated that times," and I think, in fairness to the it was temporary-in any of the people, it is the duty of the debates in 1956 on the Constitution? Honourable the Deputy Prime Minister Never, never! In fact, the Honourable to tell us for how long Article 17 is the Chief Minister boasted about going to be left in the Constitution Article 17-he said: "See, we have of this country. Article 17 for the people. Never was it said that it was temporary. I said Mr. Speaker, Sir, the argument that never. Show us in any official record there is no intention to give undue where you said that it was temporary hardship to people who want to get for people to get citizenship under citizenship, who rightfully should get Article 17? Therefore, Mr. Speaker, it in this country, is again not a Sir, it is wrong, very wrong, to mislead convincing story when we consider the people of this country by saying that a further requirement had been that these measures are necessary for required of people who want to get the people of this country themselves. citizenship under Article 19-that is Article 17 was an Article put into the addition of sub-paragraph (e)­ the Constitution-put in at the request "that he has resided continuously in of the MCA perhaps-and people like the Federation for a period of not less Mr. Yong Pung How, like Mr. than one year immediately preceding Devaser will be able to throw light the date of the application." Mr. on this matter, as indeed Mr. Speaker, Sir, when the Constitution Devaser has done through the was approved by the same Alliance columns of the newspapers that Government-almost by the same he was in the Committee which people who sit there now-this require­ studied the Reid Commission Report ment was not there. Why is it necessary and which dealt with the Reid now? What is the necessity to insert Commission Report. Article 17 is there an additional burden, an additional specifically to meet the case of people difficulty on people who are obviously living in this country, people who were loyal citizens of this country, or would living here on Merdeka Day-there be loyal citizens of this country, who are thousands of them who have not have been living here for years and got citizenship. The Honourable the years? And it is suggested that the Deputy Prime Minister said that in intention is not to give trouble to the response to the plea of the MCA there people of this country. How can such will be a period of time before Article a statement be accepted in the face of 17 is finally taken away. Now, why such conflicting provisions which so is it that you want to give a period clearly show that the intention is to of time and then take it away? What restrict, not facilitate, persons who is the necessity? Is it just to say, want to become citizens of this "All right. You are asking for some­ country? thing, here is a small bone. Take it." But the Honourable the Deputy Prime Mr. Speaker, Sir, with regard to Minister did not tell us for how long wives, I do not know the reason for it is going to remain there-one this amendment. During the debate on month, one week? I ask that if that the Constitutional proposals the is so, at least to some extent to Honourable the Prime Minister, -as the satisfy the people of this country to Member for Dato' Kramat said, took ~l-~,;·)\

4249 29 JANUARY 1962 4250 great pains, and particular attention she proves that she has resided was drawn to the House to where the continuously in the Federation for a Chief Minister said: "Provision is period of two years. The question there to see that bogus marriages do arises: Has she got a right to come not take advantage of this provision." to the Federation on her marriage; or Now, if the Alliance thought at that does she require permission to come time the protection was there, what to the Federation? If she requires per­ has gone wrong now? Can the Honour­ mission, on that basis, I say it is a able the Deputy Prime Minister give nonsensical change. If she has a right us statistics of how many such bogus to come to the Federation, then I ask marriages have wrongfully got their that that position should be made clear, citizenship under Article 18? Is there not by assurances but by amendment any information that this Article has to Clause 3, because assurances given been misused by persons? If you are by one government can be broken by going to amend something, surely you another government. must have good reasons for it. You are not amending the ordinary law, Then, of course, Mr. Speaker, Sir, you are amending the supreme law of the question: Does she intend to reside the country! What is the necessity for permanently in this country? That this amendment? For instance, under matter has already been touched on the old Article 15 relating to married and I do not intend to carry that women, a married woman had the further. right to come to this country, but under the amendment, I wonder Mr. Speaker, Sir, the most important, whether she has the right to come to perhaps, on this question of citizen­ this country. Under Article 15 of the ship, the deprivation of citizenship, is Constitution as it now stands, any this matter of a child of a citizen, in woman who is married to a citizen is that if his father's citizenship is taken entitled, upon making application to away his citizenship will also go. I the registering authority, to be cannot see the purpose. It is said or registered as a citizen. Whether she is being suggested from some quarters living in this country or anywhere. it that you are doing a good thing to does not matter; she has an absolute the child, because it will give him a right the minute she is married to a chance to go away with his father to citizen to be registered as a citizen. become a citizen of that country. Mr. Therefore, she can even become a Speaker, Sir, I think that is a most citizen of this country on proof of her illogical argument. The fact that the marriage even if she is in India or citizenship of a person has been elsewhere in the world. Under the revoked should not have any effect at amendment. this is what it says in all on the son's status or the child's Article 15 of the Constitution: status. It is contrary to all known laws of civilised countries, and I say that "(1) Subject to Article 18, any woman if this amendment were to go through, who is married to a citizen is entitled, then we in the Federation will be upon making application to the Federal showing to some extent that we are Government, to be registered as a citizen if she satisfies the Federal Govern­ not civilised, because we will be doing ment- a cruel act as that boy can never know what his father did, and neither (a) that she has resided continuously can he be held responsible for his in the Federation for a period of father's act. I do not think that we not less than two years immediately preceding the date of the applica. want to be known as an uncivilised lot tion." of people, and I ask the Honourable the Deputy Prime Minister to consider Mr. Speaker, Sir, perhaps this is a seriously what is the need to insert matter more for clarification than for this new clause. It was not in the comment. What is the intention here? original Constitution: you accepted She can only get her citizenship if that, you give it to the people, you ------

4251 29 JANUARY 1962 4252 gave your promise that this would be denied. In fact, I think, the Honour­ the basis of our nation. If you cannot able Member for Telok Anson will give more solid reasons, then do not confirm that that was his theme also­ tamper with the Constitution. before 1959 (Laughter)-and he honestly intended to do that. However, Mr. Speaker, Sir, what we are asked when he found that he could not do to do today is to completely frustrate that, he walked out like a gentleman the Constitution of this country-to (Laughter). That is why I say that it frustrate it in such a manner and to is a fraud, a flagrant fraud on the such an extent that people like Lord people of this country. In 1959 you Reid and other Members of that knew very well, according to the Commission will shudder with horror Honourable the Deputy Prime Minister, to think that they gave us the basis that this matter has been under of a Constitution which can so easily constant review: and the MCA, if be violated from time to time, even they are equal partners, and if the to the extent of saying that in some MIC, if they are equal partners, matters you do not need that two­ should have known in 1959 that this third ma_iority to amend the relevant was being reviewed, and yet the Article of the Constitution. Why is it members of the MCA stood on the necessary to lay down that specific platform saying, "Vote for the MCA provision that .you do not need a candidates, we can protect the Con­ two-third majority, for example, to stitution. If you vote for PMIP, they amend the Constitution so far as other can amend the Constitution." Where is territories can come into this land? the theipe, where is the promise which Whv? Is it because you want to have you made to the people? How can you in this country, for all time, perhaps, sit in this House? How far can it get? a rule by one section of the nation as How thick can the skin get for you against a united section of people? to sit here now and sav, "We accept Are vou laying the foundation because the amendments to the Constitution."? you know that in 1964, perhaps-or if not in 1964 perhaps five years after Mr. Speaker, Sir, the MCA has that-the time will come when there the audacity to issue a press statement will cease to be on the Government saying that there are bad elements in benches anybody representing the MCA this country who will take communal or MIC? Do you realise that now, and lines on this amendment. saying that we that is why you are making this are talking nonsense. when we spoke amendment while the going is good of the principle of jus soli being before you lose the opportunity. violated, saying that we are speaking rubbish when we say that these Here, Sir, I would like to refer to amendments will affect certain sections the 1959 election campaign all of of this country to a large extent. Mr. which was taken down on tape by all Speaker, Sir, I would say this: that political parties. One of the strongest aQY___person who supports the amend­ campaigners was the Honourable the ments to this Constitution will be Minister of Justice, who went to the supporting an act which will go down extent of telling the people when in history as something which can speaking to the urban population, never be forgotten, never be forgotten "Be careful. If you vote for the PMIP, by their ownselves, because they know do not forget that when they come into very well that they are doing wrong. Parliament, they can amend the I am not appealing to them to _ioin Constitution to your disadvantage. the Opposition, I am not appealing to Vote for MCA candidates, because we them because I know it will have no can protect the Constitution." The effect, but I am asking them to realise theme song of the campaign was "Vote that by supporting this Amendment for MCA, because the MCA can they are supporting people like the protect the Constitution from being Member for Johore Tenggara, changed." I do not think that will be (Laughter), supporting persons of the ~""

4253 29 JANUARY 1962 4254 calibre with the intention of Members treason, sedition, offences of a political like the Member for Tenggara, who nature coming to court; and if judges will do anything in this country, I say, are not going to be independent men, to subvert the Constitution to the if they are not going to feel indepen­ disadvantage of the majority of the dent, if they are not going to know people of this country just to remain that they cannot be removed, or that in power in this House. Therefore I they cannot be interfered with unduly ask "Do you think it is worthwhile? and unnecessarily by Parliament, then What is the benefit?"-and as the I agree with the Honourable Member Honourable the Minister of Justice of for Dato Kramat that it is a danger­ the colonial rule said, "Don't put all ous provision to exist in this Bill. Sir, your eggs into one basket", I say, if that Article is there, we must be "Remember, the Alliance rule does not told why it is there, what is the last forever in this country." purpose of it. The Honourable the Deputy Prime Minister did not think Mr. Speaker, Sir, there are several it fit to tell us why it was there. If provisions which have to be touched I remember correctly-I am subject to on, and one is the question of the correction-he just passed over it and Judiciary. The last amendment to the never bothered to tell us one single Constitution added an amendment explanatory note on this matter. It is about Judiciary. Now, this amend­ significant, and I ask that the matter ment to the Constitution also has an be clarified as soon as possible. amendment to the question of Judi­ ciary. It has been suggested by the Mr. Speaker, Sir, it has also been Honourable Member for Dato Kramat suggested that the amendment with that that amendment, saying that the regard to relationship between State terms of office and conditions of service and Federal Parliaments is not of a should be fixed by Parliament in great controversial nature in this pro­ future, can be used to such an extent posed Amendment. I agree with that that the Judiciary will not be indepen­ because they are not matters which dent. With that proposition, I agree­ touch on the rights of a citizen. How­ whether it is the intention of the ever, on the question of the Election Alliance Party, the Alliance Govern­ Commission, the significant fact is this: ment, to use that provision for that the Election Commission in future, to purpose now is another question; it my mind, need not exist because it may be for purely administrative can do nothing, it can do absolutely purpose. But when we amend the nothing. It is a mere post office. It Constitution, we must always bear in does what the Cabinet asks it to do-­ mind that persons other than ourselves sends the papers up and if the House may sit in this House at some stage is not satisfied, the Prime Minister in the history of this country. If you sends it back; it goes back and the amend the Constitution today, you Parliament can do what it likes. There give powers whereby the Judiciary can is no independence, and an example be interfered with. If you get into of that is very clear: the Election power a political organisation which Commission has recommended now is unscrupulous, what is going to be that the "Code of Good Behaviour" the position? You will get judges in should be extended to Parliamentary this country without a backbone; you elections; the Alliance Government has will get justice thwarted; you will get rejected it, and rejected it in toto. the citizens discontented, dissatisfied Why do you reject the "Code of Good with the administration of justice. We Behaviour"? Why do you want to use must remember that on the question of bad elements in your elections at justice all matters come before a court parliamentary level? You saw it of law. Matters are challenged ·in court. worked at the Local Council level, it You will get election petitions; you worked well, and it worked so well will get corrupt practices at elections that in most of the Local Council being brought up to court; you will get elections, the Opposition parties won. ·--~·

4255 29 JANUARY 1962 4256

Is that why you do not want it to people have protested against it. What work at Federal level? Is that why are you going to do about that? you are now interfering with the (Laughter) The Honourable Minister Election Commission? Is that why of Justice can only laugh, because I you want to nullify the work of the hope (laughter) that he is not going to Election Commission? swallow his own words which he spoke in 1954. I hope he will realise Mr. Speaker, Sir, the debate on this that he raised the question of jus soU Bill is undoubtedly going to be for the one million Chinese in this somewhat heated. It is unfortunate country who were deprived of it by that the time given to this House and the Federation of Malaya Agreement the time given to the people of the for which Dato' Onn bin J a 'afar was Federation of Malaya is so short. I blamed. I hope those words will not take very strong exception when the be swallowed up. I hope the Minister Honourable Deputy Prime Minister of Justice will stand up and say what tried to mislead-I do not say inten­ his stand is, as to whether there has tionally, but certainly it has the effect been a breach of promise and whether of trying to mislead-when he said there has been a removal of the right that communities of Malaya were con­ to citizenship which he said he fought sulted. How could such a statement be for and which he promised the General made in this House when nobody knew Committee of the MCA. about this Bill until the 2nd or 3rd of this month? Now, would it be asking Mr. Speaker, Sir, the protest meet­ too much if we say to the Govern­ ing at the Town Hall opened the eyes ment to recall this Bill, introduce it of the people because here, fortunately, again at a later date-six months most of the newspapers gave it banner perhaps----carry on what you carried headlines. An interesting thing in out in 1956 when the Reid Commis· regard to the Constitution and its sion was here, and to go to the people Amendment came out of that meeting; and ask them? Let all people in this it was organised not by any political country have an opportunity to demon­ party but by a public spirited indivi­ strate, if they want, peacefully, to give dual, and politicians and members of you their views by memoranda, in the legal profession were called on to person. Let the people say whether speak. Mr. Speaker, Sir, on the Con­ they want their rights taken away; stitution there can be no doubt that let all people have an opportunity to the most capable men, the most learned do that; and then you come into this men, would be men who are qualified House and do what you like. But do in law to express their views. I do not, I say, think that it is easy to not stand in that qualification. I say get away with it just because you have that the Bar Council of the Federa­ a sufficient majority in his House. Mr. tion of Malaya stands with that Speaker, Sir, the fact that you have a qualification. The Bar Council of the majority means only one thing. It Federation of Malaya submitted a means that you can do it, if you want memorandum. We were informed at to do it. It does not justify your action. that meeting that the Federation of Your action can only be justified if you Malaya Bar Council asked for per­ are doing a thing which will be in mission to release that memorandum. accordance with the wishes of the That permission was not given by the people of this country. It is clear from Federal Government. Why? Is it the protests which have come in. because that memorandum by learned There was a protest at the Town Hall. men, experienced in the laws of the many people attended it-two hundred Constitution, put forward such over-(laughter), and I am coming to powerful arguments against this that. Amendment that the Government is afraid to give permission to release The Malayan Trade Union Congress that document to the public? I ask the representing a large section of the Honourable Deputy Prime Minister to "!!!!"'·

4257 29 JANUARY 1962 4258 tell us why that permission was not Mr. Speaker: May I appeal to given to the Federation Bar Council. Honourable Members that there I make this statement on a statement should be less interruption in this made by Mr. Devaser at that public House while an Honourable Member meeting saying that permission had is speaking? Proceed. been asked for and no permission Enche' D. R. Seenivasagam: Mr. had yet been given. Speaker, Sir, the Trade Union Con­ gress has given some very substantial Mr. Speaker, Sir, in regard to the reasons, reasons which have been Trade Union Congress, many a time advanced in this House by the Honour­ the Government has said that they are able Member for Dato' Kramat and a responsible body of persons, that some of them by me. The most they are not trouble-makers like important thing is that they are a non­ Opposition parties, that they are not political organisation, they are not communists like Opposition parties, politicians, they look after large that they are not communalists like sections of the pupilc. Sir, as Parlia­ Opposition parties, but that they are a mentarians are sitting in this House for responsible organisation in this coun­ this whole month, political parties have try. Are you going to give any not had an opportunity to put their consideration for their views? One of views to the people, to get their their views is that insufficient time electorates to give their views on this has been given to the people of this matter. Is it then asking too much, country, and indeed to them, to study to ask this Government to give this Amendment (Interruption). consideration to the views expressed by the public up to now, which are views against the Constitution? Mr. Speaker, Sir, I would refer to Standing Orders and ask you, Mr. Mr. Speaker: Order! Order! Time Speaker, Sir, if Honourable Members is up. The House is adjourned till making unseeming remarks to order ten o'clock tomorrow morning. them out of the Chamber. Adjourned at 6.30 p.m.