1963 and the Impact of Signing MA63? (5 Sept 2020)

Total Page：16

File Type：pdf, Size：1020Kb

1963 and the Impact of Signing MA63? (5 Sept 2020)

Circular No 252/2020 Dated 10 Aug 2020 To Members of the Malaysian Bar and pupils in chambers Webinar (Forum) | Could North Borneo Validly Sign the Malaysia Agreement (“MA 63”) 1963 and the Impact of Signing MA63? (5 Sept 2020) The Sabah Law Society (“SLS”) will be hosting a complimentary Webinar Forum via Zoom explaining the reasons why North Borneo, Sarawak and Singapore each had the capacity to sign the Malaysia Agreement 1963 (“MA63”). The details of the webinar forum are as follows: Title: Could North Borneo Validly Sign the Malaysia Agreement 1963 (“MA63”) and the Impact of Signing MA63? Date: 5 Sept 2020 (Saturday) Time: 10:00 am to 11:30 am (approximately) Fee: Complimentary CPD Point: 1 CPD Point CPD Code: T2/05092020/SLS/SBH204171/1 Registration is free. Attendance is limited to 100 persons and will be on a first come, first served basis. The speakers are as follows: . Zainnal Ajamain, Author, “The Queen’s Obligation” . Sukumaran Vanugopal, Member, SLS; Author, “The Constitutional Rights of Sabah and Sarawak” Moderator: Jeremy Ho, Member, SLS; Co-Chairperson, SLS MYConsti / MA63 Committee As a start, participants should be at least familiar with the following documents for a better understanding of MA63: . Cobbold Commission Report 1962 (optional); . Malaysia Report of the Inter-Governmental Committee 1962 (“IGC”); . Malaysia Agreement 1963 (signed on 9 July 1963, effective from 16 Sept 1963); . Malaysia Act 1963, Chapter 35 (passed by the United Kingdom Parliament on 31 July 1963); . Malaysia Act 1963, Act 26 (Passed by the Malayan Parliament on 20 Aug 1963); . The latest Federal Constitution of Malaysia; and . British Documents on the End of Empire Project, Series B Volume 8 (“Malaysia”) (Edited by A J Stockwell and published for the Institute of Commonwealth Studies in the University of London). Please click here to register for the webinar forum. After registering, you will receive a confirmation email containing information about joining the meeting. The Zoom meeting / waiting room will be opened 30 minutes earlier to allow the host some time to let you in. Please enter the meeting as early as possible. The host will only allow registered guests into the meeting. For this reason, please ensure that your name (as per your registration of attendance) is associated with your Zoom account. Please do not share the meeting details with others. Thank you. A G Kalidas Secretary Malaysian Bar .

Copy Link

Recommended publications

Singapore, July 2006
Library of Congress – Federal Research Division Country Profile: Singapore, July 2006 COUNTRY PROFILE: SINGAPORE July 2006 COUNTRY Formal Name: Republic of Singapore (English-language name). Also, in other official languages: Republik Singapura (Malay), Xinjiapo Gongheguo― 新加坡共和国 (Chinese), and Cingkappãr Kudiyarasu (Tamil) சி க யரச. Short Form: Singapore. Click to Enlarge Image Term for Citizen(s): Singaporean(s). Capital: Singapore. Major Cities: Singapore is a city-state. The city of Singapore is located on the south-central coast of the island of Singapore, but urbanization has taken over most of the territory of the island. Date of Independence: August 31, 1963, from Britain; August 9, 1965, from the Federation of Malaysia. National Public Holidays: New Year’s Day (January 1); Lunar New Year (movable date in January or February); Hari Raya Haji (Feast of the Sacrifice, movable date in February); Good Friday (movable date in March or April); Labour Day (May 1); Vesak Day (June 2); National Day or Independence Day (August 9); Deepavali (movable date in November); Hari Raya Puasa (end of Ramadan, movable date according to the Islamic lunar calendar); and Christmas (December 25). Flag: Two equal horizontal bands of red (top) and white; a vertical white crescent (closed portion toward the hoist side), partially enclosing five white-point stars arranged in a circle, positioned near the hoist side of the red band. The red band symbolizes universal brotherhood and the equality of men; the white band, purity and virtue. The crescent moon represents Click to Enlarge Image a young nation on the rise, while the five stars stand for the ideals of democracy, peace, progress, justice, and equality.
[Show full text]
Xerox University Microfilms 300 North Zeeb Road Ann Arbor, Michigan 48106
INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or “target" for pages apparently lacking from the document photographed is “ Missing Page(s)“ . If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in “sectioning" the material. It is customary tc begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from “ photographs" if essential to the understanding of the dissertation.
[Show full text]
Title Domination, Contestation, and Accommodation: 54 Years of Sabah
Domination, Contestation, and Accommodation: 54 Years of Title Sabah and Sarawak in Malaysia Author(s) Faisal, S. Hazis Citation Southeast Asian Studies (2018), 7(3): 341-361 Issue Date 2018-12 URL http://hdl.handle.net/2433/237246 Right © Center for Southeast Asian Studies, Kyoto University Type Departmental Bulletin Paper Textversion publisher Kyoto University Southeast Asian Studies, Vol. 49, No. 2, September 2011 Domination, Contestation, and Accommodation: 54 Years of Sabah and Sarawak in Malaysia Faisal S. Hazis* This article traces the major contestations that have taken place in Sabah and Sarawak throughout the 54 years of their independence. The two major areas of contestation are state power and local resources, pitting federal leaders against Sabah and Sarawak’s elites. These contestations have forced the federal govern- ment to accommodate the local elites, thus ensuring the stability of Barisan Nasional (BN) rule in the East Malaysian states. However, Sabah and Sarawak elites are not homogeneous since they have different degrees of power, agendas, and aspirations. These differences have led to open feuds between the elites, resulting in the col- lapse of political parties and the formation of new political alignments. Over almost four decades, a great majority of the people in Sabah and Sarawak have acceded to BN rule. However, in the last decade there have been pockets of resistance against the authoritarian rule of BN and the local elites. This article argues that without accountability and a system of checks and balances, the demand for more autonomy by the increasingly vocal Sabah and Sarawak elites will benefit only them and not the general public.
[Show full text]
No. 10760 UNITED KINGDOM of GREAT BRITAIN and NORTHERN
No. 10760 UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND and FEDERATION OF MALAYA, NORTH BORNEO, SARAWAK and SINGAPORE Agreement relating to Malaysia (with annexes, including the Constitutions of the States of Sabah, Sarawak and Singapore, the Malaysia Immigration Bill and the Agreement between the Governments of the Federation of Malaya and Singapore on common market and financial arrangements). Signed at London on 9 July 1963 Agreement amending the above-mentioned Agreement. Signed at Singapore on 28 August 1963 Authentic texts of the Agreement: English and Malay. Authentic text of the annexes: English. Authentic text of the amending Agreement: English. Registered by the United Kingdom of Great Britain and Northern Ireland on 21 September 1970. United Nations — Treaty Series 1970 AGREEMENT 1 RELATING TO MALAYSIA The United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore; Desiring to conclude an agreement relating to Malaysia; Agree as follows: Article I The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called " Malaysia ". Article II The Government of the Federation of Malaya will take such steps as may be appropriate and available to them to secure the enactment by the Parliament of the Federation of Malaya of an Act in the form set out in Annex A to this Agreement and that it is brought into operation on 31st August 1963 * (and the date on which the said Act is brought into operation is hereinafter referred to as " Malaysia Day ").
[Show full text]
Cheryl Narumi Naruse November 19, 2007 MA Project Project Committee
Cheryl Narumi Naruse November 19, 2007 MA Project Project Committee: S. Shankar (chair), C. Bacchilega, J. Zuern Singaporean Identity and Contemporary Culture: The Nationalization of Capitalism and Modernity What makes a place unique, that gives it its distinct identity? Its people. Its landscape. Its place in the world. Its passage through time. Promotional Ad Campaign by ‘Uniquely Singapore,’ Singapore Tourism Board Becoming independent and sovereign only in 1965, Singapore has emerged as one of the most economically successful and controversial nations in South East Asia. While Singapore is often celebrated for its remarkable economic success, measured through its passage from Third-World to First-World status in a short time, it is also notorious for its controlling, socially conservative government. Despite the controversy, the Singapore government makes no apologies for their state policies. Instead, it celebrates what is perceived as the unique foundation for its success. It is from this notion of uniqueness that this project begins. As someone who has lived in Singapore for a number of years, my time away has also enabled me to look back at Singapore with a critical eye; indeed, what is it that makes Singapore unique and gives it a “distinct identity”? I turn back to the promotional campaign’s top answer: “its people.” How are the people of Singapore, its citizens, fashioned? What is the relationship between the state and the citizens of Singapore? Naruse 1 Through this paper, I examine three components of citizenry in Singapore – capitalism, modernity and (ethno)nationalism – that construct the ideal Singaporean citizen. The relationship between these three components, I believe, can be understood as a triad: The Singaporean Citizen Triangle (ethno)nationalism The nation- state Singaporean citizen capitalism modernity Each of these imaginaries – nationalism, capitalism, modernity – figures in the Singaporean citizen’s identity as registers and logics through which the Singaporean citizen’s identity is read.
[Show full text]
9789814794510
16.6mm CULTURE For Review only SHOCK CULTURE SHOCK! ! A Survival Guide to Customs and Etiquette MALAYSIA The CultureShock! series is a dynamic and indispensable range of guides for those travellers who are looking to truly understand the countries they are visiting. Each title explains the customs, traditions, social and business etiquette in a lively and informative style. CultureShock! authors, all of whom have experienced the joys and pitfalls of cultural adaptation, are ideally placed to provide warm and informative advice to those who seek to integrate seamlessly into diverse cultures. Each CultureShock! book contains: • insights into local culture and traditions • advice on adapting into the local environment • linguistic help, and most importantly • how to get the most out of your travel experience CultureShock! Malaysia is the complete guide for those who wish to make the most of this country’s rich mix of traditional ways of life and ultramodern cityscapes. A dazzling, eclectic blend of East and West, CULTURE historic and contemporary, fast and slow, Malaysia boasts an incredible SHOCK array of diverse experiences within a single country: from the urban street ! vibes of Kuala Lumpur to the lush rainforests of Borneo; the sun-kissed, A Survival Guide to Customs and Etiquette sandy beaches of Langkawi to the old-school colonial charm of Melaka; and the laid-back homeliness of its towns to world-class luxury in Penang. Get the most out of your stay with this essential guide to a captivating Southeast Asian gem with multiple facets,
[Show full text]
Perlembagaan Malaysia
Freedom of Religion & Rights of Minorities in a Secular Polity By Lim Heng Seng 17 September 2020 Introductory remarks: Malaya and Malaysia constituted by the Federal Constitution • Foundational: Constitution forms the Federation laying down basic structures for the governance of the nation. • Fundamental: Constitution is the supreme law of the land, the grundnorm which audits validity of legislative or executive actions • Malaya in 1957 and the enlarged Malaysia in 1963: Result of sustained and deliberative process of enquiry, consultation, negotiations and agreement. • Preparatory documents are important aid in construing meaning of the letter and the spirit of Constitution. 1963: The Federation of Malaysia • Terms and conditions for partnership of equals between Malaya, Sabah (then North Borneo) and Sarawak. • New nation and new Constitution? • Malayan Constitution modified with special provisions engrafted. • Malaysia: Special autonomy for Sabah and Sarawak. • Special position and safeguards engrafted into Federal Constitution. • The Twenty Points for Sabah (Eighteen for Sarawak) • Religion and religious freedom on top item of both lists. Constitutional provision and significance of Article 3 Religion of the Federation 3. (1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation. … (4) Nothing in this Article derogates from any other provision of this Constitution. Malay text: Perkara 3 (4): Tiada apa-apa jua dalam ini mengurangkan mana-mana peruntukan lain dalam Perlembagaan ini. Constitution’s legislative history behind Article 3: 1957 Merdeka • Malaya remains a secular nation: “There has been included in the proposed Federal Constitution that Islam is the religion of the Federation.
[Show full text]
From Plural Society to Bangsa Malaysia: Ethnicity and Nationalism in the Politics of Nation-Building in Malaysia
FROM PLURAL SOCIETY TO BANGSA MALAYSIA: ETHNICITY AND NATIONALISM IN THE POLITICS OF NATION-BUILDING IN MALAYSIA Mohamed Mustafa Bin Ishak Submitted in accordance with the requirements for the degree of Doctor of Philosophy The University of Leeds Department of Sociology and Social Policy & Department of Politics July 1999 The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. i From plural society to Ban gsa Malaysia: Ethnicity and nationalism in the politics of nation-building in Malaysia Doctor of Philosophy July 1999 ABSTRACT The question of nation-building has always been a central issue in Malaysian politics. Whilst the country has been able to sustain a relatively stable politics since the 1969 tragedy, and hence spawn a rapid economic development (at least until the 1997 Asian economic crisis), the project of nation-building remained a basic national agenda yet to be fully resolved. This study investigates the delicate process of nation-building in Malaysia in the post 1970s, especially in the context of the vision of constructing the Bangsa Malaysia or 'a united Malaysian nation' enshrined in Mahathir's Vision 2020 project which was introduced in 1991. The aim of the study is firstly, to examine the underlying socio-political parameters that shaped and influenced the politics of nation-building in the country, and secondly, to explore the viability of the project of Bangsa Malaysia in the context of the daunting challenges involved in the process of nation-building. Drawing from a range of theoretical frameworks as well as from both primary and secondary data, the study contends that, based on the Malaysian experience, the potent interplay between the forces of ethnicity and nationalism constitute the crux of the problems in the politics of nation-building in Malaysia.
[Show full text]
A Malaysia of Citizens: Ethnicity, Membership and Politics of Merger
KEMANUSIAAN Vol. 24, No. 2, (2017), 1–30 A Malaysia of Citizens: Ethnicity, Membership and Politics of Merger LOW CHOO CHIN History Section, School of Distance Education Universiti Sains Malaysia, 11800 USM Pulau Pinang, Malaysia [email protected] Published online: 15 September 2017 To cite this article: Low, C.C. 2017. A Malaysia of citizens: Ethnicity, membership and politics of merger. KEMANUSIAAN the Asian Journal of Humanities 24(2): 1–30, https://doi.org/10.21315/ kajh2017.24.2.1 To link to this article: https://doi.org/10.21315/kajh2017.24.2.1 Abstract. This paper examines the political history of the relationship between Malaysia and Singapore, focusing on the notion of citizenship and its ethnic, civic and political dimensions. It analyses the extent to which the merger of Singapore with Malaysia redefined the citizenship boundaries of the Malaysian national political identity. The incorporation of Singaporean citizens into the Malaysian political community was controversial, as it was closely related to electoral stakes. The ruling People’s Action Party and the Alliance Party attempted to delineate the political sphere of the population of each political unit through the demarcation between ‘citizenship’ and ‘nationality’. However, the citizenship crisis continued to trouble the relationship of these states to the point that both parties breached the perceived agreement not to interfere with the other’s political sphere of influence. This sphere of influence was delineated on the basis of race, thus cutting across political territory rather than territorial attributes. The ideological clashes over the meaning of citizenship that arose during the political merger of Singapore and Malaya, show that a truly Malaysian citizenship could not be developed – only a Malaysia of citizens.
[Show full text]
The Malaysia Agreement: Blueprint for Unity In
THE MALAYSIA AGREEMENT: BLUEPRINT FOR UNITY IN DIVERSITY EMERITUS PROFESSOR DATUK DR SHAD SALEEM FARUQI Holder, Tunku Abdul Rahman Chair, Faculty of Law, University of Malaya INTRODUCTION As we commemorate the 57th anniversary of Malaysia, we take note with concern a large reservoir of discontent in our sister states across the South China Sea. We need to put our heads and hearts together to defuse the tensions and find just and lasting solutions. Such tensions are inherent in all of the 30 or so federal systems in the world. In Malaysia we saw federal-state discord as early as 1966 when Sarawak CM Stephen Kalong Ningkan was deposed after a federal declaration of emergency. 2 In subsequent years many other areas of discord went unnoticed because of the overwhelming power of the Alliance/BN government. But since 2018, politics has become more competitive, and democracy and free speech are finding greater expression. Consequently we are witnessing the open airing of grievances. This is not an entirely bad development. It shows an emerging democracy. 3 In plural societies around the world, it is not uncommon to allow ethnic or other groups that claim a distinct identity to exercise autonomy over affairs of special concern to them. Kashmir in India (till Aug 2019), Quebec and Nunavut in Canada, and regions in Switzerland, Spain, Russia, Philippines, Thailand and Indonesia enjoy such “asymmetrical” arrangements. 4 SPECIAL POSITION OF SABAH & SARAWAK When Sabah, Sarawak and Singapore joined hands with Malaya to re-constitute the Federation of Malaya into the much larger and more diverse Federation of Malaysia, the significantly amended Federal Constitution granted them a number of iron-clad guarantees of their autonomy and special position.
[Show full text]
The Separation of Singapore from Malaysia the Cornell University Southeast Asia Program
' '" , " ,• !. ' ' \\,, '" ,, ' ,f'' . ',, ' •,: ·- ' ,,t, ,, s- 0 1/t �: ' !". ,, )I:; ' ' -r i\/1,, ' w� ',,,' ' ' ' ,,,, ' ' ,1 '')ls < . '•� ,, ',, '' ,, .,� " ,, ' y, ' ' ,: ,, " ' ! ' ' 1( ' '' ' ' " " ,' ' ',, Vi ,,,· '.\' i " ..I '' ' ,, ' 0Jr ' ' .,._ ... ,,� ' . l ,,;, ' ,0 "'I ' ' ' _:( ;,,, ' "i ,, ,,._ H ' ' ' ' " i\ ' '' ',� Xi ,, " ·, ' ' ' ' ' ,, ,. ' ' " ' ' ' '0 '' y ' ' ' ' ' ,,' ,, ;'. ';c ,,I ' 't ,, ,, -,., "' " ' ,, .'h ' "' ' ' " ., ' ,' ' ",, ' ' '"•. ' ", ' ' '<I;; ' ,, ''"' ' .i/t '" >• ' Ii ,, ,, ' " \ ' ' ' " ' "' ,. '' ' '' ,, '' ,. ,J 1:I' - 'ii:'!!•,'� .·i ,If. '',, " ,,, ' ' 'i' ,, ' ' ' ' ' " ' ' ',\'' ' \I&-J' ,,,, ,," ,M 0 1. " : " �ii!•· .!P ' " , \" -�,." , ' ,,., 'i' ' ' " ' f', '" ,, ' ·t,; "'; ' '., -J,J " '' ', ' ,,, Ll' ' " " ' IA ' J'I;! ' " ' .,! " ,, ,, ' "" ,,; ' ' ' ' ,. ·i,' ' 'I, '' ,, ' I 1(, ' ,, '\ '' ' ,f) ' l ' );, ' ' " THE SEPARATION OF SINGAPORE FROM MALAYSIA THE CORNELL UNIVERSITY SOUTHEAST ASIA PROGRAM The Southeast Asia Program was organized at Cornell University in the Department of Far Eastern Studies in 1950. It is a teaching and research program of interdisciplinary studies in the humanities, social sciences and some natural sciences. It deals with Southeast Asia as a region, and with the individual countries of the area: Brunei, Burma. Caml1odia, Indonc�ia, Laos, Malaysia, the Philippines, Thailand, and Vietnam. The activities of the Program are carried on both at Cornell and in Southeast Asia. They include an undergraduate and graduate curriculum at Cornell which provides
[Show full text]
Chronology of Events
CHRONOLOGY OF EVENTS CASE CONCERNING SOVEREIGNTY OVER PEDRA BRANCA/ PULAU BATU PUTEH, MIDDLE ROCKS AND SOUTH LEDGE (MALAYSIA / SINGAPORE) EXTRACTED FROM THE WRITTEN PLEADINGS OF MALAYSIA AND SINGAPORE Legends: MM - Memorial of Malaysia MCM - Counter-Memorial of Malaysia MR - Reply of Malaysia SM - Memorial of Singapore SCM - Counter-Memorial of Singapore SR - Reply of Singapore Date Event/Document Discussion Location AGC NoteIRemarks r 1433 The first written record of PBP (Pia M para 33 MR para 9 did not refer to Chiao) was given by the Chinese the description as stated by navigator Cheng Ho sometime MR para 9 MOFA. MR para 9 refers to before 1433. Chinese navigator named Zheng He. The supporting documentlarticle cited in support of MM para 33 is not annexed to the pleadings 1511 Malacca captured by Portuguese. MM para 37 The supporting documentlarticle cited in MCM para 29 support of MM para 37 and MCM para 29 is not annexed MR Appendix I para B.4 to the pleadings. SCM Appendix A para 2 1512 Sultan Mahmud established what MM para 37 Winstedt, A History of Winstedt, A History of Johore, became the Sultanate of Johor. Johore, p 14. p 14. is not annexed to the MCM para 29 pleadings. SCM para 2.8 Discussion Location AGC NotelRemarks Portuguese Barros reported that MCM para 19 MCM Vol3 Annex 7 'White Rock.. is very much in demand by the pilots of those parts'. MR para 77 Johor Sultanate began formal MCM para 29 relations with Dutch East lndies Company (VOC). VOC was formed as a corporation MR para 69, ftn 125 with six chambers.
[Show full text]