Volume III Tuesday No. 41 30 January, 1962 ~J*\

PARLIAMENTARY DEBATES

DEWAN RA'AYAT (HOUSE OF REPRESENTATIVES)

OFFICIAL REPORT

CONTENTS

EXEMPTED BUSINESS (MOTION) [Col. 4320]

BILL- The Constitution (Amendment) Bill (continuation) [Col. 4269]

OI~TERBITKAN OLER THOR BENG CHONG, A.M.N., PEMANGKU PENCHETAIC ICEIVJAAN PERSEKlM'UAN TANAH MELA.YU 1962

Harga: $1

FEDERATION OF MALAYA

DEWAN RA'AYAT (HOUSE OF REPRESENTATIVES) Official Report

Third Session of the First Dewan Ra'ayat

Tuesday, 30th January, 1962 The House met at Ten o'clock a.m. PRESENT: The Honourable Mr. Speaker, DATO' HAJI MOHAMED NOAH BIN 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-HAJ, K.O.M. (Kuala Kedah). the Deputy Prime Minister, Minister of Defence and Minister of Rural Development, TuN HAn ABDUL RAZAK BIN DATO' HUSSAIN, S.M.N. (Pekan). the Minister of Internal Security and Minister of the Interior. DATO' DR. ISMAIL BIN DATO' HAJI ABDUL RAHMAN, P.M.N. (Johor Timor). the Minister of Finance, ENCHE' TAN Srnw 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' HAJI ABDUL RAHMAN, P.M.N. (Muar Selatan). the Minister of Transport, DATO' SARDON BIN HAJI JuBIR, P.M.N. (Pontian Utara). the Minister of Commerce and Industry, ENCHE' MOHAMED KHIR mN JoHARI (Kedah Tengah). the Minister of Labour, ENcHE' BAHAMAN BlN SAMSUDIN (Kuala Pilah). the Minister of Education, ENCHE' ABDUL RAHMAN BIN HAJI 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 HAJI " ABDUL KHALID BIN AwANG OSMAN (Kota Star Utara). the Assistant Minister of Commerce and Industry, ENCHE' CHF.AH THEAM SWEE (Bukit Bintang). the Assistant Minister of Labour, ENCHE' V. MANICKA­ VASAGAM, J.M.N., P.J.K. (Klang). ------· ------~~-----~------

4265 30 JANUARY 1962 4266

The Honourable 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 HAJI ABDULLAH BIN HAJJ MOHD. SALLEH, A.M.N., P.I.S. (Segamat Utara). TUAN HAJJ AHMAD BIN ABDULLAH (Kata Bharu Hilir). ENcHE' AHMAD BIN ARSHAD, A.M.N. (Muar Utara). ENcHE' AHMAD BoESTAMAM (Setapak). ENCHE' AHMAD BIN MOHAMED SHAH, s.M.J. (Johor Bahru Barat). TUAN HAJJ AHMAD BIN SAAID (Seberang Utara). ENCHE' AHMAD BIN HAn YusoF, P.J.K. (Krian Darat). TuAN HAJJ AZAHAR! BIN HAJI IBRAHIM (Kubang Pasu Barat). ENCHE' Aziz BIN ISHAK (Muar Dalam). DR. BURHANUDDIN BIN MOHD. NOOR (Besut). ENCHE' CHAN CHONG WEN, A.M.N. (Kluang Selatan). ENCHE' CHAN STANG SuN (Bentong). ENCHE' CHAN SWEE Ho (Ulu Kinta). ENCHE' CHAN YooN ONN (Kampar). ENCHE' CHIN SEE YIN (Seremban Timor). ENCHE' v. DAVID (Bungsar). DATIN FATIMAH BINTI HAJI 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 HIN ABDULLAH, A.M.N. (Baling). ENCHE' HARUN BIN PILUS (Trengganu Tengah). TuAN HAJJ HASAN ADLI BIN HAn ARSHAD (Kuala Trengganu Utara). ENCHE' HASSAN BIN MANSOR (Melaka Selatan). ENcHE' HussEIN BIN To' MuoA HASSAN (Raub). ENCHE' HUSSEIN BIN MOHD. NOORDIN, A.M.N., P.J.K. (Parit). TuAN HAJJ HussAIN RAHIMI BIN HAJJ SAMAN (Kota Bharu Hulu). ENCHE' IBRAHIM BIN ABDUL RAHMAN (Seberang Tengah). ENCHE' ISMAIL BIN IDRIS (Penang Selatan). ENCHE' KANG KOCK SENG (Batu Pahat). ENCHE' K. KARAM SINGH (Damansara). 4267 30 JANUARY 1962 4268

The Honourable CHE' KHADIJAH BINTI MOHD. SIDEK (Dungun). ENCHE' KHONG KOK y AT (Batu Gajah). .. ENCHE' LEE SAN CHOON (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 y OONG PENG (Rawang). ENCHE' T. MAHIMA SINGH, J.P. (Port Dickson). ENCHE' MOHAMED BIN UJANG (Jelebu-Jempol). ENCHE' MOHAMED ABBAS BIN AHMAD (Hilir Perak). ENCHE' MOHAMED AsRI BIN HAJI MuDA (Pasir Puteh). ENCHE' MOHAMED DAHARI BIN HAJJ MoHD. Au (Kuala Selangor). ENCHE' MOHAMED NOR BIN MOHD. DAHAN (Ulu Perak). DATO' MOHAMED HANIFAH BIN HAJJ ABDUL GHANJ, P.J.K. (Pasir Mas Hulu). ENCHE' MOHAMED SuLONG BIN MOHD. Au, J.M.N. (Lipis). ENcHE' MOHAMED YusoF BIN MAHMUD, A.M.N. (Temerloh). TUAN HAJI 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' OTHMAN BIN ABDULLAH, A.M.N. (Perlis Utara). ENCHE' QuEK KAI DoNG, J.P. (Seremban Barat). TUAN HAJI REDZA 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 PHOCK KIN (Tanjong). ENCHE' TAN TYE CttEK (Kulim-Bandar Bahru). TENGKU BESAR INDERA RAJA IBNI AL-MARHUM SULTAN IBRAHIM, D.K., P.M.N. (Ulu Kelantan). DATO' TEOH CHzE CHONG, D.P.M.J., J.P. (Segarnat Selatan). 4269 30 JANUARY 1962 4270 The Honourable ENCHE' Too JooN HING (Telok Anson). ENCHE' v. VEERAPPEN (Seberang Selatan). WAN MusTAPHA BIN HAJI ALI (Kelantan Hilir). WAN Sm.AIMAN ,mN WAN TAM, P.J.K. (Kota Star Selatan). WAN YAHYA BIN HAJI WAN MOHAMED (Kemaman). ENCHE' YAHYA BIN HAJI AHMAD (Bagan Datoh). ENCHE' YEoH TAT BENG (Broas). ENCHE' YONG Woo MING (Sitiawan). PuAN HAJJAH ZAIN BINTI SuLAIMAN, J.M.N., P.I.s. (Pontian Sela tan). TUAN HAJI ZAKARIA BIN HAJI 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). the Minister of Health and Social Welfare, DATO' ONG YoKE LIN, P.M.N. (Ulu Selangor). TUAN HAJI HASSAN BIN HAJI AHMAD (Tumpat). ENCHE' TAN KEE GAK (Bandar Melaka).

IN ATTENDANCE: The Honourable the Minister of Justice, TuN LEONG YEW Kott, s.M.N.

PRAYERS Minister in proposing certain amend­ ments. (Mr. Speaker in the Chair) Mr. Speaker, Sir, before I do that, THE CONSTITUTION (AMEND­ I would like to clarify one point which MENT) BILL I made yesterday, and that is the point with regard to what I called a secret Second Reading "'' ~: :t· ~··j meeting of the MCA General Com­ Order read for resumption of debate mittee. Now, it may be asked-and OQ. Question, "That the Bill be now since I may not have the opportunity read a second time" (29th January, to be here on subsequent days of this 1962). sitting because of certain commitments I have elsewhere, I will try to say it Enche' D. R. Seenivasagam (lpoh): now-it may be asked: how do you Mr. Speaker, Sir, yesterday when I get possession of tape recordings and was speaking, I was speaking generally documents of a secret meeting? I will on the proposed amendments and say this: I hope I will not be asked suggested that the basic foundations that because if I am asked that, I will of the existing Constitution were being have to rush back to this Parliament interfered with. Today it is my inten­ and maybe some person will be most tion, Mr. Speaker, Sir, to shortly embarrassed, but I would say this: I summarise and try to anticipate, or did opt steal them; I did not get them try to rebut, the arguments put forward by any underhand means. I got them by the Honourable the Deputy Prime properly, squarely and fairly. I hope 4271 30 JANUARY 1962 4272 it will be left at that for the sake of is, again, certainly not the principle everybody concerned, Mr. Speaker, of jus soli. Therefore, I pose this Sir, but if anybody wants to know it, question-and today I intend to pose I can say it. I can say it right now, a number of questions-I pose this but it will embarrass at least one question to the Alliance Party: When person sitting in this very Chamber; in 1954 the Honourable the Prime and I assure the House that it is not Minister said UMNO accepts the the Honourable Member · for Telok principle of jus soli, what did they Anson. really mean by that?-first question. Question No. 2-when the Honourable Enche' Too Joon Hing (Telok the Minister of Justice told the General Anson): Thank you. Committee of the MCA that with a stroke of the pen the birthright of Enche' D. R. Seenivasagam: Mr. the Chinese had been taken away and Speaker, Sir, leaving that at that for that UMNO had offered them equality this moment, I will go now to what and citizenship, what exactly did the I have got to say in short detail. It Honourable the Minister of Justice has been suggested by the Honourable intend to convey to the General Com­ the Deputy Prime Minister that the mittee of the MCA? And I am sure principle of jus soli is left untouched, if we are given the answers to the and the Deputy Prime Minister seems two questions which I posed, then we to have got support even from the will know whether there has been a Straits Times. But I beg to differ from betrayal of promise or whether there the views expressed, and I will try has not been a betrayal of promise. to give my reasons why the principle Was it within the intention or of jus soli is destroyed. Its hands have knowledge of the MCA at that time been chopped off; its legs have been that when the President of UMNO chopped off; and its head has been said, "We accept the principle of jus chopped off; so much so that only soli'' what really did the President such a small piece of that unit of UMNO mean? I hope that in the has been left that for all material and course of this debate that will be told working purposes the principle of jus to us and, indeed, MCA leaders will soli has in fact been destroy~. tell us what they understood it to mean by the acceptance of the principle of jus soli, and we must bear in mind· Mr. Speaker, Sir, jus soli means only that there was no qualification to those one thing: that is, citizenship by right statements at all. of birth, and birth of any person on a territory entitles him as of right to Mr. Speaker, Sir, the Honourable get citizenship by reason of that birth. the Prime Minister said that Article 17 Now, it has been suggested that the was of a temporary nature only-the son of a citizen or a child of a citizen substance of what the Honourable the will be a citizen by operation of law; Deputy Prime Minister said was that and that is the principle of jus soli. it had been made known that it was My answer to that is that that is not to be of a temporary nature. Mr. the principle of jus soli, because the Speaker, Sir, I pose this question and status of the child does not depend I say that statement cannot be justified upon his birth but it depends upon if we read Article 17 of the existing the status of his parents; and I would Constitution which has some very say certainly that is not the principle significant words; and Article 17 says of jus soli. With regard to those this: ' permanently resident in this country, again, even if he proves that he is "Subject to Article 18, any person of permanently resident, the fact of birth or over the age of eighteen years who was resident in .the Federation on does not give him the right to citizen­ Merdeka Day is eligible, subject to the ship but the status of his parents gives provisions of the Second Schedule, to him the right to citizenship; and that be registered as a citizen upon making ------~- - -~~·---- -~~~------~--

4273 30 JANUARY 1962 4274 application to the registration authority House to say that the people of this if he satisfies that authority- country were notified that Article 17 (a) that he has resided in the Federa­ in its entirety was to be of a temporary tion, during the twelve years nature only. immediately preceding the date of the application, for periods amount­ Mr. Speaker, Sir, Clause 9 (3) of the ing in the aggregate to not less than proposed Bill is a significant clause eight years; which, I ~ay, is unjust and unfair. (b) that he intends to reside perma­ With your permission, Sir, I would nently therein; like to read Clause 9, which intends to amend Article 24 of the Constitution (c) that he is of good character; and with regard to exercising rights O\:ltside (d) -(most important of all)-"except this country, and the important part where the application is made within of Clause 9 is Clause 9 (3A): one year after Merdeka Day and the applicant has attained the age "Without prejudice to the generality of of forty-five years at the date of Clause (2), and that Clause as applied the application, that he has an by Clause (3), the exercise of a vote in elementary knowledge of the Malay any political election in a place outside language." the Federation shall be deemed to be the voluntary claim and exercise of a Mr. Speaker, Sir, that section is crystal right available under the law of that clear. It is divided into two parts: place;" one a temporary measure for persons who have attained the age of 45 for I stop there to say that that would a period of one year to apply for be a ground for depriving a person citizenship without any language test. of his citizenship rights. Now, on first That is a temporary provision in reading, it may sound good; it may Article 17. But the second part is sound fair; and it may sound proper. certainly not temporary, where after But let us look at what the original one year this provision was still Article in our Constitution now con­ intended to be in force and where tains, i.e. Article 24. there is no limitation placed. And the Article 24 says: question here I pose to the Alliance "If the Federal Government is satisfied is this: If you intended-as, in fact, that any citizen has at any time after you did intend-a temporary period Merdeka Day voluntarily claimed and of one year for those over the age exercised in a foreign country any rights of 45, if you intended the same thing available to him under the law of that for Article 17, why did not you say country, being rights accorded exclusively so when you framed it? Surely, then, to its citizens, the Federal Government may by order deprive that person of his the, proper inference to draw is that citizenship." you intended the one year period for persons of the age of 45 to be The important point is this. The temporary-and you did, in fact, state framers of the Constitution quite rightly it-but for the rest of the section it have said that if in another country, was never intended to and it never say England or India, there is a right was to be of a temporary nature at given exclusively to any of its citizens, the time when it was promulgated or then it is wrong for a citizen of this when it was put into this Constitution. country to go and exercise that right, Therefore, the question I pose is that, and he must thereby lose his citizen­ again: Is there a betrayal and violation ship. But the amendment now says that of the most important citizenship even if he exercised his vote in another proposals of the Constitution of our country that could be a ground for country? And I certainly join issue deprivation of citizenship. The question and say that the reason given by the I pose is this-we all realise, of course, Honourable the Deputy Prime Minister that in many countries--.:say, in a is not substantiated either by the local authority election-there is a Constitution or by any document that residential qualification and not a the Government can produce to this nationality qualification; for example, 4275 30 JANDARY 1962 4276 if you go to certain districts in India, it that the Government think that a you live there for three months, you simple majority would suffice? What are on the electoral list-why should is the intention? What is the motive? it be necessary to deprive a person of Why should a matter of such great his citizenship, or make that a ground importance-the Constitution to be that his citizenship may be deprived applied to new territories-not follow if he exercises his vote on a residential the sacred principle laid down of an qualification in an unimportant local absolute two-third majority of the election? Is it the intention of the House? What problem does the Government to do that, or is it that Government forsee? Why is it that the the framers of this amendment or the Government think it may be necessary legal draftsmen, did not pay sufficient to amend that section to allow the attention to that possibility? Are you Constitution, the substance of the going to say that a person in this Constitution, to be related to these country, who may live five years in territories by a simple majority? Does England, and may get a right which not that indicate, again, the whole is not exclusive to the citizens of that colour, the whole tragedy, of these country, should not exercise that right? amendments? Does this Government If so, I would like to know what is feel that one day, although it may be the reason for this. Every amendment in power, it may not have a two-third must surely have a good basic reason, majority to do what it wants? Does and the Honourable the Deputy Prime it not indicate that the Government is Minister did not give us a reason for cautious that that time may be soon, that amendment. so soon that it feels it should do it now when it has the opportunity to do Mr. Speaker, Sir, I next refer to it? I do not say that in the sense of Clause 24 of the proposed amendment. fooling them or anything of that sort, which is again very important and very but I say that with all seriousness, vital, and which deals with the method because throughout this prevades that of amending our Constitution. It very dangerous attitude which has reads: been exhibited in these various amend­ "In Clause (4) of Article 159 of the ments. Constitution, at the end of paragraph (b) the word 'and' shall be omitted, and Mr. Speaker, Sir, the Honourable after that paragraph there shall be the Deputy Prime Minister made a inserted- very significant statement, which must "(bb) any amendment made for or in be commented on, almost at the connection with the admission of opening of his address, when he said any State to the Federation or its words to this effect: that the Consti­ association with the States thereof, tution was promulgated in 1957 and or any modification made as to the had been in operation for over four application of this Constitution to a State previously so admitted or years; and that it was designed as far associated," as citizenship was concerned on liberal lines; it was framed in a generous and in Clause (6) of that Article, at the manner, because it was the intention end there shall be added "and 'State' to bring together the peoples of this includes any territory"." country. Mr. Speaker, Sir, that inten­ and it does not require a two-third tion, indeed, deserves the highest majority. That is the substance of the praise, but may I ask whether that amendment. Formerly, the power to intention has now changed? May I admit new States was on a simple ask whether the process, or. the work majority of the House. Now, it is of bringing together the peoples of this extended to make applicable the country has been completed, so that Constitution, or parts of the Consti­ now the high objective need not exist tution, to those States or territories at all? If in 1957 the Government by a simple majority of this House. had that intention and thereby made What is the reason for this? Why is the citizenship laws as liberally as it 4277 30 JANUARY 1962 4278 is said they were, then I say that ways about it. Will the red identity today in Malaya there are still those card be accepted as conclusive proof people in existence to whom those of permanent residence in this country? promises were given, and the Govern­ If that is so, will it be the policy of ment should have the same objective the Alliance Government to say that of bringing these people together as no further proof, no other proof, need one nation. be called for or need be supplied by the person in possession of a red Mr. Speaker, Sir, that statement is identity card? significant, because it proves my contention, it proves my contention Mr. Speaker, Sir, yesterday the that in 1957 UMNO had to serenade last point which I made, and which is the other races of this nation; it proves again going to be the last point today that before Independence came to this is that this Bill has been brought up country, UMNO had to serenade and to this House with considerable give way; it proves that today UMNO secrecy, first somewhere in April, and knows the UMNO can put its price thereafter we heard nothing about it. and need not serenade anybody. The first reading was on 20th April Otherwise, there is no justification for but we never saw the Bill on the this change. UMNO knows today 20th April. As far as Members of this that the MCA and the MIC are spent House are concerned, they got a copy forces, that they are no longer a of this Bill a day or two before-I force to be reckoned with in this think, the 3rd of January this year. country. Today UMNO can stand on Mr. Speaker, Sir, the very fact that its own feet and with these amend­ the Government has from time to time ments, if they get through, UMNO thought it necessary to put in knows that it can run this country on amendment after amendment, one to its own feet. supersede the other, one to clarify the Mr. Speaker, Sir, the Honourable other, clearly indicates the importance the Deputy Prime Minister chose his and complexity of this Bill. We as words very carefully when he referred Members of this House, as politicians, to the red identity card. I think Radio have a duty to perform, and one of Malaya made a mistake-I am subject those duties is to inform our people to correction and I will apologise if of proposals which come to this House I heard it wrong-when it said that from time to time. Mr. Speaker, Sir, the red identity card could be accepted as we are all aware, we have been as proof of residence. That is not what sitting in this House for nearly one the Deputy Prime Minister said." The month, morning, noon and sometimes Honourable the Deputy Prime Minister at night. We politicians from this side said that the red identity card would of this House, at least from the PPP, be accepted as evidence of permanent say that we have not had as parlia­ residence. Mr. Speaker, Sir, there is mentarians an ample opportunity to a great difference between saying that put before the electorate which we it will be accepted as proof and saying represent the implications of the that it will be accepted as evidence. amendments proposed in this Bill. Evidence is just one piece of evidence. Mr. Speaker, Sir, that opinion has Is it the intention of Government, and been voiced at one protest rally at can the Honourable the Deputy Prime the Town Hall, it has been voiced Minister give us an assurance, that by the MTUC, it has been voiced, the red identity card will be accepted if I may say so, by the Straits Times as conclusive proof of permanent editorial of yesterday, not directly but residence in this country? If that indirectly suggesting that there might answer comes forward in the be something in saying that this Bill affirmative, then I give credit to the was brought in without much sufficient Alliance Government for at least going time. Mr. Speaker, Sir, that is a large that far. I hope there will be no two body of public opinion. -~

4 4279 30 J ANDARY 1962 4280 Sir, members of the legal profession consideration from the Cabinet, the in their individual capacities have Prime Minister, the Deputy Prime expressed the same opinion, and I Minister and all concerned when a think this House will agree, although request of a reasonable nature is you may not agree with what I have made. said yesterday and today, I think you will agree that there can be no greater Mr. Speaker, Sir, another point is and more important Bill which will that this Bill has come up after a very come before this House-at least on long session known as the "Budget that point we must agree. If you Session". As the Honourable Member agree on that, then I think you will for Dato Kramat said, the extreme agree that this a very important Bill importance of this Bill itself should and then if the country feels, or the have impelled the Government to call large sections of the population feel, for a special sitting of this House so that not ample time has been given, that we would have had this as one then the first thing to do is to give matter of supreme importance debated them time in which they can study it, in its entirety with sufficient oppor­ in which public opinion can properly, tunity for all to say what they want. fairly and squarely and reasonably be given to the Government of the day. Mr. Speaker, Sir, I have to use the Mr. Speaker, Sir, I do not think that words of the Honourable Minister of in a democracy, that is asking for too Justice when he spoke in 1954, "I much. I would have been indeed glad have finished'', except that with your and happy, if the Government on its permission I would like to say that own ·volition had thought it fit to I have had my say on the points present this Bill at a later stage. But, which I thought are material to this unfortunately, the Government has not country and to the people of this done so. country. Now, I know that there may be many here who may not agree with Mr. Speaker, Sir, I do not know if me, but I repeat that any Govern­ this is true, but I understand that ment in power, be it the Alliance, tomorrow is the last sitting of this the PPP, the Socialist Front, or the House. If that is so, I would say this: PMIP, cannot last by suppression and that, certainly as far as the PPP is oppression of fundamental rights. It concerned, there will be insufficient may go on, but the day will come time even to debate this Bill, because when the people of the country will there are a number of amendments revolt-and I say "revolt" by peaceful of extreme importance put in by the democratic means-to overthrow the PMIP and by the Socialist Front, and Government of this country, again by the Government itself; and at the their peaceful and constitutional means Committee stage of the Bill it will which are at their disposal. You cannot take hours to debate those amend­ suppress and oppress people or sections ments. On that basis, I say that we of people. For the good of this country, as a responsible organisation known for the good of this nation, for the as Parliament, should never be wellbeing of the citizens of this country ashamed to bow to the wishes of who in the ultimate must be the ones reasonable people who make a to count, I appeal to UMNO Members reasonable request. The Trade Union to consider this matter most carefully. Congress is one of those organisations This Amendment, you say, is not representing a mass of humanity in this taking away major rights of the country. The legal profession is a people, then why do you want to bring profession whose views should receive it up? You know very well in your some consideration by the Govern­ own hearts that it is taking away ment of this country. Politicians, soine of the most cherished rights of whether on the Opposition benches· or some of the people of this country. from the Government benches, their You know in your hearts that you got views should receive that same the co-operation of the three com- ~ 4281 30 JANUARY 1962 4282 munities in this country on the to You"-Sir, I will only read that understanding given to be fair and paragraph because that is very, very just. Now, I call upon you as relevant to this amendment- parliamentarians, as statesmen, to honour those pledges. To the friends "The Alliance believes that such advancement can only be possible if the of the Malayan Chinese Association people-the Malays, Chinese, Indians and the Malayan Indian Congress, I and others-continue to Jive in peace say this: let your conscience guide and harmony." your actions for these next few days; let it be never said that men of Sir, in this there are two interesting standing, men of ability, like my friend points to which I would like to refer. the Honourable Member from Larut One is to uphold the Constitution. Selatan, sacrifice principles for personal It is a sacred instrument and it is in gain. There is a story, there is a fact the will of the people. Therefore, rumour, and in fact that rumour has when you are going to propose an gone to the extent of newspaper amendment to the Constitution, you publication that the net result of the got to look into that sacred instrument amendments to this Constitution may and say to yourselves, "What is the be that we will be seeing some new best way to do it, and how did it Assistant Ministers from the MCA first come about?" Now if we ask bloc (Laughter). Let it never be said ourselves that question, then we will that the price which the people of this say that the Constitution was drawn up country had to pay was for the selfish when we were going to get . inde­ end of parliamentarians who sit in pendence. But how did we get it? We this House. got it when the Chinese, Malays, Indians and other races got together, Mr. Speaker, Sir, I have given notice stood solidly together, marched for­ of an amendment I wish to move and ward and asked the British Govern­ which I now move. The amendment, ment for independence. Then we said Sir, is under S.O. 53 (4), amending to ourselves that we must have a the original motion, and the amend­ Constitution-a sacred document to ment reads: guide the destiny of the nation-and then we drew up this sacred document. "That this Bill be read a second time When this sacred document was drawn this day six months." up, the people were ~sked and we had the Reid Commission. This Reid Enche' Chin See Yin (Seremban Commission travelled all over the Timor): Mr. Speaker, Sir, I beg to country seeking the views of the people. second the motion. Sir, why am Now if you refer to the Malays, I seconding this proposal? The Chinese and Indians and various reasons are very simple. First I associations, they have submitted their would like to draw your kind atten­ memoranda; the Chinese have sub­ tion to the Alliance Manifesto, mitted their memoranda and there the 1959 Parliamentary Election were in fact 1,049 Guilds and Asso­ Manifesto. In this Manifesto, if you ciations whose views were also will kindly refer to page 2 under the consulted and obtained. Apart from title "What the Alliance has Done these Guilds and Associations, there for You" it is stated, "With your are other bodies, like the educational help ...... to uphold the Constitution bodies and social bodies, and they of the Federation of Malaya." Here also submitted their views. The Indian in this Manifesto it is also stated by Association, the Indian Congress and the Honourable the. Prime Minister, various other associations like the where he gave a pledge, "A Pledge European Community had also· sub- ,

4 4283 30 JANUARY 1962 4284 mitted their views. It was only from "It is proposed to accept an amended the views of these people that the form of the recommendation of the Commission with regard to citizenship Reid Commission drew up what we by registration of persons who, though call the Committee's Report-and this not born in the Federation, were resident is the one, Sir, that I would like to in the Federation on Merdeka Day. It refer to regarding these proposed is recognised that those who have shown amendments to which I am now loyalty to the Federation and have made referring-"The Federation of Malaya it their permanent home should participate Constitutional Proposals, 1957", price in the rights and duties of citizenship." $1 which is not mentioned here, but that is the value of this document Sir, I am referring only to four (Laughter). Anyway, Sir, on page 2 points in this proposal, although there of this Constitutional Proposal, 1957, are many more points. All these it is stated-and with your permission points have now been embodied in this may I read- sacred document. Now, Sir, this sacred document, we have got it as a result "The Commission recommended that of one year of long consultations, all those who are citizens on Merdeka investigations and report made by the Day shall continue to be citizens and Reid Commission. If it had taken that all those born in the Federation that long-and prior to that they had on or after Merdeka Day shall be citizens been in consultation with the British by operation of law. These recommenda­ tions have been accepted." Government and this had taken many years- surely, Sir, we cannot today They were accepted by the Alliance come to this House and say, "Let Government-the Alliance Party, which us amend it, as after some experience is the Government of today. Then we find that it is our duty to tidy another proposal says- it up." Can we tidy up this sacred instrument, something we accepted? "It is proposed to modify the recom­ That is not proper. When we went and mendation of the Commission with regard stood for elections, the various parties to citizenship by registration of married had party manifestoes. In the party women and children. Under the revised proposal any woman who is married to manifestoes a pledge is given to the a citizen will be entitled, upon making people, and before you have fulfilled application, to be registered as a citizen, that pledge and if you want to do provided that the marriage has been something different from that pledge. registered in accordance with any law in then you must go back to the people force in the Federation, including any again; and going back to the people such law in force before Merdeka · can only mean that you ask for another Day." election. In that election, you will have Here again is another factor that has a manifesto which is your pledge and been accepted by the Alliance Party you will tell the people what you want. which is now the Government: and if you are elected back to Parliament again then you have a "It is proposed that any person of or mandate from the people to amend over the age of 18 years who was born that sacred document. It is the will of in the Federation before Merdeka Day the people. As has rightly been said and who is not by operation of law a by the Honourable the Deputy Prime Federal Citizen should be entitled upon Minister in this debate, "the Govern­ making application to the registration ment fully realises that any amendment authority to be registered as a citizen if he has satisfied that authority that to our Constitution is a serious and he has the necessary residential and other solemn undertaking." He has already qualifications recommended by the Com­ said that it is a very serious matter mission." and it is a very solemn matter, because it is the will of the people. We can't I am reading only the important ones amend it, although we are representing and I am going to refer you, Sir, only the people, we are speaking for the to one more- people and we are working for the ------JC ------l 4285 30 JANUARY 1962 4286

people because we are here with a we achieved independence and was the definite mandate when we came in charter of our Nations and the framework and that mandate only permits us to within which the aims of our society carry out the things that we have and the aspirations of our people might be achieved through a democrati~ process pledged in the manifesto and nothing based on the principles of parliamentary more. democracy." Now, Sir, let us go back to what Sir, it is very clear what he has said­ the Honourable the Deputy Prime it is an absolute truth. He has spoken Minister said in presenting the Bill. the truth and nothing but the truth. Let us see what he said-I have really But let us analyse that statement. Is l l points to refer to, Sir. The first one it not a sacred document of the people? is: "The present constitution of the Is it not the will of the people? If Federation was promulgated on the it is true~ then how can we amend it day ...... without referring it back to the people? We must ask all those who had taken Mr. Speaker: Order, order! We are part in the past in helping the Reid now debating the amendment to post­ Commission to draw up this Consti­ pone the Bill for six months. You can tution to say whether they agree to only give your reasons why it should the proposed amendments. But then, be postponed for six months and not an argument will be put forward to to debate the Bill now, because we the effect that they have said nothing are going back to debate on the about the amendments which have been principles of the Bill, when you will published in the newspapers for their have another chance to talk on the information, and which have been principles of the Bill for the second gazetted. But, Sir, the Internal Security reading if this amendment is defeated. Act has made it such that peop'c are I think I have made that clear. afraid to speak because if they were Enche' Chin See Yin: For me to to speak, they fear they might say support a motion to postpone the the wrong thing and they might get Bill for six months, I must give good into trouble (Laughter). So they merely reasons, and to give good reasons I say: "I shall wait for the next election. must make references. Unless I make then I know where to cast my vote." reference I have nothing to support Democracy is not really existing in my reasons (Laughter). It is just like this country. I will give you an building a house. If I have not got the example, Sir. Sometimes when I say foundations, it will collapse like a something about the Chinese. they say pack of cards (Laughter). that I am communal: but if a Malay were to say something about the Mr. Speaker: So long as you confine Malays, then it is national. You see, your arguments or reasons why it Sir, words can be played about and should be postponed for six months, made to look very dangerous. So all I can allow you. these people from the associations and guilds would not dare to hold Enche' Chin See Yin: Thank you, meetings to discuss this matter. and Sir. Can I just make reference to a I think it is now for the Government few? to tell them: "You have no fear. You speak your mind and tell the Mr. Speaker: So long as you under­ truth, we will be very happy, because stand what I have said, and not beyond this document belongs to you and it that. is. your view." I think that should be the proper way, Sir, in view of what Enche' Chin See Yin: Thank you, Sir. The Honourable the Deputy Prime the Honourable the Deputy Prime Minister said: Minister has said that it is a serious and a solemn matter. And who are the "The present constitutic>n of the people? The people are not only the Federation was promulgated on the day people who voted us in, the people .ill

~ 4287 30 JANUARY 1962 4288 should be those who got together, unfortunately this House has not for who stood together and marched one moment listened to it. Every time forward together to get independence when the Opposition puts up some­ for Malaya. I should, therefore. thing interesting and something good include all those who are eligible to for the people, by a majority vote become citizens. It is because of they say "No", because they are in language qualifications that they are the majority. They are taking undue unable to become citizens, and you advantage of that. If you think it is should include them and also seek in the interests of the country, it is their views. for the people to judge. The final judgment will come on the day when Now, Sir. I have alreadv said that the people go and cast their votes. it is important that we ·should get the views of the people. Not only l Therefore, Sir, in supporting this say this, Sir. but also someone, who move to defer this Bill for six months, is more important than any of us I have given my views, and it is of here, has already said it, and may T the utmost importance that if we are therefore refer you to a small para­ going to practice democracy, we must graph in a speech that was said some go back to the people and ask them time ago. It is the Agong's Speech whether they agree to it or not. But and. if you remember it correctly, what if you are going to do something very the first Agong said was ...... quickly without consulting the people, then I say it is wrong. Enche' Mohamed bin Ujang (Jelebu­ Jempol): Not Agong, Sir. Mr. Speaker, Sir, when this Bill was first presented, as we have heard from Enche' Chin See Yin: Sir, what the previous speaker, the MCA and Order is he standing up there to the MIC members were not consulted­ interrupt me? He is a troublesome and they were taken aback. They only creature. held meetings after this Bill had been presented. Now, if they are in the Mr. Speaker: Order, order! In order ruling party and they do not know­ to respect the dignity of the House except those who are responsible for I would like to appeal to Members drafting these proposals-then, Sir, to make no interruptions while one where is the true practice of demo-. Honourable Member is addressing the cracy? I hope in answer to my House. Please proceed! proposal, the members will stand up, Enche' Chin See Yin: Sir, what the ever,yone of them, to say what they first Agong said was ...... feel about it. Sir, we have also heard from the Enche' Mohamed bin Ujang: On a previous speakers that the votes given point of order, Sir. Standing Order to the Opposition were almost equal 36 (8) does not say "Agong", it says to the votes given to the other side "the Yang di-Pertuan Agong." I would on the Government Bench. Then, how like to draw your attention, Sir, so that can the MIC people say that they the Honourable Member will use the represent the Indians, and the MCA words "the Yang di-Pertuan Agong". members say that they represent the Mr. Speaker: Will you use the words Chinese? If you look at the Opposition "the Yang di-Pertuan Agong"? Bench, you will see that there are quite a number of citizens of Chinese Enche' Chin See Yin: Sir, this is origin, citizens of Indian origin and, what His Majesty the Yang di-Pertuan in fact, our Malay friends also Agong said: "When you are a majority representing the Malays. Therefore, to party, you should also consider the say that the MIC and the MCA views of the minority if they are for represent the Chinese and the Indians the interests of the country." That is cannot be true; and for this amend­ a very good piece of advice, but ment, I hope everyone of these MCA 4289 30 JANUARY 1962 4290 members will stand up and speak his to acquaint members of his consti­ mind. I do not envy them (Laughter). tuency on the importance of this Bill. They are in a very unfortunate position. However, in the interest of the country, Mr. Speaker, Sir, reference was for the good of the people, they must made by the Honourable Member for speak their mind. They should not Seremban Timor that it took one year fear. There are always vacancies over for the country to consider the Reid this side (Laughter). Constitution, which is now the Constitution of this country, and yet Sir, for the reasons I have given he is given only a month to consider I support the amendment. this Bill. But, Sir, at that time there was only a Legislature with only half The Minister of Internal Security of the Members in that House elected. and Minister of Interior (Dato' Dr. and in that House 51 of the seats were Ismail): Mr. Speaker, Sir, I rise to occupied by the Alliance. So, in a oppose the amendment moved by the truly democratic manner, we suggested Honourable Member for Ipoh. The to the Reid Commission that it should late Professor Einstein was noted for get the views of all political parties in his theory of relativity. Sir, I am not this country, rather than let the a scientist, so one day I asked a friend Alliance monopolise the future Consti­ of mine, who is a well-known scientist, tution of the country. What is the whether he could explain in simple position today? This House still has terms what the theory of relativity is. a majority of Alliance Members. We My friend told me: "Suppose you have still a two-third in this House, speak to your mother-in-law, assuming but there is the PPP, the Socialist that you do not like her, and you Front, the PMIP, and there are the spent one hour talking with her, do Independents, who represent the you agree that it seems like one year?" people of this country-unless they I said, "I do." Now, to bring this want to deny that they represent the relativity into this House. At least I people of the country, but we on the personally feel, whenever I listen to Alliance side, we do not deny that we the record played by Members of the represent the people of this country. Socialist Front, that half an hour seems From the Alliance angle-if they want ages to me (Laughter). So, Sir, it is to give credit to our machinery or also the case in a country where there organisation-we consider one month is no parliament, where there is no ample opportunity to consult members press, where means of communications of our constituencies. Therefore, if are under-developed, one year in that they admit that one month is not long country is equivalent to one month in enough, probably they should look a country where there is parliamentary into their political machinery. democracy, where the means of com­ munications are well developed, and Another point brought up by the where there is free press. Honourable Member for Seremban Timor is that this Bill should be Mr. Speaker, Sir, this Bill was postponed for six months and that the circulated to Honourable Members of Alliance should go to the country for this House on the 23rd December, a referendum. But, Sir, we the Alliance 1961-that is well over a month from Party believe in parliamentary demo­ today. I think the press too must have cracy and we believe in the Constitution received it at about the same time. of this country. The Constitution of Now, in reply to the Honourable this country does not say that we Member for Ipoh in that he had not should go to a referendum for amend­ time to consult members of his ment of the Constitution. It says that constituency, I suggest that with the if you have a two-third majority in the fast car at his command, with the House, then you are entitled to amend machinery of his Party at his disposal, the Constitution. And that is exactly one month is not too short a time what we are doing. In fact, Sir, the 4291 30 JANUARY 1962 4292 question of amendment to the Con­ rejected the question of referendum stitution, at least in Johore, was made and has said that his party represents a political issue. I remember that the views of the people-they members of the Socialist Front in represent the people-but it is an Kluang said to the people, "You elect important ingredient of parliamentary us but we do not expect to become democracy .... the Government of the country. If you elect us we will prevent the Alliance Dato' Dr. Ismail: Mr. Speaker, Sir, from getting a two-third majority so on a point of clarification. I have that they cannot amend the Constitu­ explained that the Constitution does tion." Therefore, if the people believed not say that there should be a that theory that the Alliance should referendum. What it says is that you not get a two-third majority, they can amend the Constitution only -if would not have voted us in with a you have a two-third majority in this two-third majority. House and I did say we on the Sir, with due deference to the press, Alliance think that we represent the they even have admitted that the people-and if you do not think you amendments are reasonable in the represent the people who elected you, interest of the country, and when it is then I cannot say for you; you have my turn to speak on the substantive to go and tell your constituency that motion, I will try to rebut the argu­ I do not represent them. ments put forward by the Honourable Enche' V. Veerappen: Be that as it Member for Ipoh and saying that these amendments are aimed at may, Sir, but it is an important foreigners, who are not citizens of this igredient of parliamentary democracy country (Applause). However, I will that such important things must be come to that when I reply, when I referred to the people. The people speak on the substantive motion. So, must be consulted and the Minister Sir, for the reasons I have put forward, knows very well that in England even and thanks to the late Professor some simple amendments of laws Einstein, I think we should reject the sometimes are done after prolonged amendment moved by the Honourable consultation and at the end of a Member for Ipoh. session, so that the people will have the opportunity of expressing their Enche' V. Veerappen (Seberang views through the ballot-box. Selatan): Mr. Speaker, Sir, I am surprised that the Government has Mr. Speaker, Sir, the Honourable not thought fit to accept a reasonable Deputy Prime Minister went to great proposal put forward by the Honour­ pains to quote from the Constitutional able Member for Ipoh. The Minister of Report. He has said it is important Internal Security said that we have had that the method of amending the sufficient time, but I am sure the Constitution should be neither so Minister is not ignorant of the fact difficult as to produce frustration, nor that in some countries the length of so easy as to weaken the safeguards time given for such things is really that are written into the Constitution. considerable. In that short time, and However, the Government has found as the Honourable Member for Ipoh it so easy to amend the Constitution has said we have all been sitting in and they have brought in about Parliament, I wonder whether the sixty amendments in less than two Minister realises of our difficulties of years. Though under our electoral getting the views of the people whom set-up, they have the political power we represent. Besides, Sir, these to. do it-I admit-I wonder whether amendments are of such a serious they have the moral power to do it nature that we should give time for because, as it was pointed out, they responsible organisations to submit got less than 53% of the total votes, their views. The Minister also which is less than two-third. 4293 30 JANUARY 1962 4294 Sir, it was the intention to protect Mr. Speaker: Is it on the amend­ the Constitution from being misused ment? that a serious crisis developed in the Alliance in 1959. Now, "the remnants Enche' V. Veerappen: Yes, Sir. of the disinherited race" sit opposite It says: to us, unable to do anything and not '·Amendment and the establishment of worthy of being consulted (Lliughter). a Constitution. The Honourable Deputy Prime Once the original draft of the new Minister stated that he consulted U.S.S.R. Constitution of 1936 was them, that it was on the representa­ completed, it was widely circulated for tion made by the MCA and the MIC discussion and criticism. Approximately that he thought fit to amend the 527 ,000 meetings were held throughout amendments. But if he had consulted the country (laughter) between June and them as partners, he did not consult December of 1936 with the attendance them before the Bill was drawn up. estunated at 36,500,000 people. Altogether He only consulted them at the most about 154 proposals for amendments were made of which 43 only were acted when they were in this House and it upon. The most important of this was not entirely on their efforts that provided direct in lieu of indirect it was so. They knew very well what elections in the selection of the Council was coming for them if the amend­ of Nationalities and a right of inherit­ ments were not modified and that is ance. The remammg alterations are why they agreed to amend the primarily in terminologies." amendments. Well, Mr. Speaker, Sir, this is by Mr. Mr. Speaker, Sir, it is our submission Fenner. This shows that even in that the Government should treat this Russia, where one would not expect matter seriously and not make a play­ such great care to be exercised, so thing of the Constitution-actually much trouble is taken before amend­ the Government has made it a play­ ments are made. Yet our Government thing. In other countries amendments has made it a pastime-amending the to the Constitution are rarely done Constitution has become a pastime­ and it is most difficult to do. For and therefore I hope all of you will example, in the United States of support a reasonable amendment to America it took sixty years to make delay this Bill for six months. one set of amendments and another Enche' S. P. Seenivasagam (Meng­ sixty years to make another. In the Iembu): Mr. Speaker, Sir, as I intend last two hundred years only twenty­ to take advantage of the opportunity one amendments have been made in to speak on the principal Bill, I will the U.S.A. out of four thousand confine myself solely to view-points in proposals for amendments. Is not that support of this request for deferment true? We have less than two years of six months. and we want sixty amendments. Is not that true? (Lliughter). It is even more In the first instance, Mr. Speaker, difficult in the U.K. and in the Soviet Sir, I feel that the Honourable the Union (laughter) where one would Deputy Prime Minister himself expect that it would not be so difficult should support this request, because I to amend the Constitution. (Interrup­ would submit, with the greatest respect tion) (Lliughter). to him, that he has been guilty of making statements which he cannot Mr. Speaker: Order! Order! substantiate when he introduced this Bill. I would refer to this passage in Enche' V. Veerappen: Maybe they his speech which reads: will ask me to go to Russia (Laughter). Sir, I quote from an authority I have "These amendments, Sir, have only here-"Fenner's Theory and Practice been put forward after careful considera­ tion lasting more than a year and after of Modern Government"-and allow considering the views of all sections of me, Sir, to read .... the community." 4295 30 JANUARY 1962 4296 Now, when an Honourable Minister Bill, or the draft of it, had been makes a statement of that nature in circulated around the 23rd of this House, we are entitled to assume December. Well, I remember it was that what he tells us can be relied towards the end of December. Perhaps upon. But within a few minutes he because of the Christmas holidays it himself destroyed the veracity of was delayed in the mail, but we what he told us-completely destroyed certainly got it some time after it-because he made it very clear that Christmas. Perhaps the Minister of the when this Bill was drawn up, even Interior has forgotten that together partners, the MCA and the MIC, were with that draft was attached a piece not consulted. It was only after this of paper which said that it was to be Bill was published that the MCA and kept confidential and secret until the the MIC had to creep, perhaps on all 4th of January 1962. What does the fours, to the Minister and ask for Honourable Minister expect us to do? favours-a little concessions here and a Break that admonition? Although little concession there. What does the requested to be kept secret till the 4th Honourable Deputy Prime Minister of January, did he expect us to ignore mean when he told this House that the it or to go to our constituencies and views of all sections of the community hold public meetings, or did he expect had been obtained? How did he us to respect a request made by the obtain them? By what means and Government that it should be kept which community does he mean-one secret? So, from the 4th to the 8th community only or all sections of one were only four days and on the 8th community, or all sections of all we commenced our Budget meeting communities? That is what we would here and everybody knows that we like to be clarified. It is quite obvious have been all along in Parliament. Of that the Honourable Deputy Prime course, it is possible, as the Honourable Minister did not obtain the views of Minister suggested, that we could take all sections of all communities. helicopters and aeroplanes and rush up As a measure, I think, to give some and down from our constituencies, injections, in order to revive a corpse, holding public meetings and then the Honourable Minister was kind rushing back in the morning to attend enough to say that the MCA and MIC Parliament. But is that reasonable in had managed to get a few concessions, a democracy? What do you lose if when in fact it was not so. In fact, you put this off for six months? Why the Honourable Minister, in my bulldoze this thing through, knowing opinion, had introduced those amend­ very well that at the end of a long ments as a result of what had appeared Budget session you are determined to in the Press and as a result of the get it through within two days and protests made to him, not by the MCA perhaps the next move will be to and MIC-perhaps, it may be that require the Opposition, if they want to there is a little credit to the MCA talk too much, to sit here till midnight but certainly none to the MIC. so that they will get exhausted and would not want to talk and then push The Honourable the Minister of the it through (Laughter). Is that demo­ Interior has been fairly blunt in his cracy in practice? (Interruption) I statement. He says-"We have got have been interrupted and I am not the power. We have got two-thirds going to take notice of that because majority, we can do it under the I pity, I really pity the ignorance of Constitution, we want to do it-and those who think it fit to laugh in a that is that." Well, legally, of course, debate of this nature, and the irony he is right, constitutionally he is right, that fate should have decreed that but the morality of government is such men should sit in this House. another thing altogether, and the moral aspect I hope is not completely absent The request for deferment, Mr. in the Alliance. The Honourable Speaker, Sir, comes not only from the Minister of the Interior said that this Opposition but also it is supported by ------~------~------~

4297 30 JANUARY 1962 4298 the Straits Times which one would not Finally, I would like to remind the describe as being a pro-PPP, or Government to bear this in mind­ pro-Socialist Front, or pro-Opposition that today the majority, the over­ newspaper. May I refer to the Straits whelming majority of those who . are Times of the 17th January, where it going to be affected by this amend­ says in an editorial- ment to the Constitution are represent­ ed by the Opposition benches. That "Several of these amendments are you cannot deny. The overwhelming matters of substance, notably those majority are definitely represented by concerning citizenship and the delimita­ Opposition benches. To put it more tion of electoral constituencies. The bill plainly for those who will not under­ was presented to the Dewan Ra'ayat last April, but was not published until 4th stand it, the majority of non-Malay January. It is proposed that the Lower constituencies are represented by the House shall have adopted and approved Socialist Front, the Peoples Progressive it within about three weeks of publica­ Party and the Independents. This is a tion, a somewhat summary procedure con­ joint request and I hope the Govern­ sidering the apparently arduous gestation. ment will have the decency to con­ The misunderstandings to which in turn sider it seriously instead of laughing in the bill has given birth fortify the plea mockery. for time for more mature consideration." And on the 29th, that is yesterday. Sitting suspended at 11.30 a.m. the editorial of the Straits Times said this- · Sitting resumed at 11.50 a.m. "Obviously there is much to be .said (Mr. Deputy Speaker in the Chair) for closer, more leisurely study of this amending bill. The Goverment has Enche' Too Joon Hing (Telok said little about it and explained less. Anson). Mr. Speaker, Sir, I rise to We do not ourselves see anything support the motion that this Bill be read sinister in the Bill, but there is much a second time this day six months. Sir, suspicion among the communities. as Members of the House of Represent­ There are genuine fears which need to atives, I am sure they have certain be removed. Quick passage of the Bill rights to represent the people of their will only reinforce them whatever assur­ own constituency. But there are certain ances the Government may be able to rights which, under moral obligations, give in the course of the debate. they have at least to refer them back The Bill was read a first time in April to the people-for example in matters last year, it was published nine months such as policies contained in their elec­ later and since publication the Govern­ tion manifestoes under which they ment has produced two sets of amend­ went to the people and asked them ments, the last as recently as Friday." to return them to this House. There­ fore, I say, Sir, that the Alliance has And that again disproves the assertion not got any mandate from the people of the Honourable the Deputy Prime to introduce this Bill this day, and I Minister that careful consideration ask the Alliance Government to for over a period of a year was given withdraw this Bill or accept this to the drafting of this Bill. Why this motion for postponement for a period hurried mass of amendments to it of six months. It is very clear, Sir, in then-one after another, one supple­ the Alliance's election manifesto which menting the other? I have got here, and it stated, "To uphold the Constitution of the Federa­ Mr. Speaker, Sir, I would also refer tion of Malaya", and this is a pledge to the fact that our plea for deferment in no uncertain terms to the people is further supported by the MTUC whom they represent that they will which has so often been praised by the not make any amendments to the Government as a responsible body. Constitution. -~,;~:;;f,,t-,;'·

4299 30 JANUARY 1962 4300 Sir, the Minister of the Interior "It must be remembered that the has said that under the Constitution, freedom to which we aspire is the free­ dom to govern ourselves under a system provision is made for the amendment in which parliamentary institutions shall of any Article provided there is a be exclusively representative of the two-third majority. I do not doubt his people's will." word, because it is the Constitution. But, as I have said, we have got Sir, such phrases are meant for the certain moral and sacred obligations people to know that if there is any­ which we have to fulfil-and such thing vital concerning the rights of matters as human rights, individual everyone, at least a chance should be rights, have to be referred back to the given to the people to consider the people before such rights are being vital issue. Ever since this Bill has tampered with. been presented, or rather dispatched, to the Honourable Members of this Sir, in the speech of the Honour­ House in December last, there have able Deputy Prime Minister, as pointed been two subsequent amendments to out by previous speakers, he said this Amendment Bill which clearly that he had already consulted or had indicate that this Bill has been pre­ discussions with various interested sented without consideration, nor has people in the country-perhaps during it been given to the various bodies the past few months. In fact, since this other than, if I may say so, UMNO, Bill has been read for the first time because during the last two or three on the 20th April, 1961, I have not weeks, MCA had been calling meet­ seen a single word either in the Press ings-two meetings in fact-which or anywhere that the Government is were hush-hush, closed-door meetings. going to amend the Constitution, and Why? I would like the President, the under such circumstnces I think the Minister of Finance, to enlighten us. people should at least be entitled to Sir, this shows that at least the people have their say or at least be given an have not had the opportunity to study opportunity to consider the amend­ the implications of these amendments. ments-I know for certain, because I Sir, I would like to quote from a have been the Secretary-General of book here which is called "Your the MCA once. I know very well that Government". It is written by joint the President, now the Minister of authors-Mr. George 0. Comfort, Finance, will agree with me that there Professor of Political Science, Political are certain rules by which the MCA Science Division, Butler University, can amend the constitution, even their and Mr. Royce H. Knapp, Director own Constitution, and from the events of Education Research, and Mr. during the past three weeks, it looks Charles W. Shull, Professor of Govern­ very clear whether the MCA, the ment Wayne University. What does this "awakening giant" has awakened-I book say in regard to democracy? doubt. Therefore, I would invite the It says: Honourable Minister of Finance to join us in support of this motion "Democracy means that the people shall rule themselves, and since complete (laughter) and give a chance to the agreement by all the people rarely occurs, various Branches in the Federation to rule by a majority is accepted, but the consider this Bill. majority must be restrained, it must recognise the rights of the minority to Sir, I cannot quote better words or hold different views and to express their phrases than those of the Prime opinions. Simply because some people Minister himself when he moved the are in a majority they must . not be allowed to ride rough-shod over the Constitutional proposals in August 15, other people who do not agree with them 1957-and this lovely passage with on all points." beautiful words, were given here as a dedication to the Malayan Constitu­ Sir, this is something to which I tional Document: would like to draw the attention <+301 30 JANUARY 1962 4302 particularly members of the Govern­ taken advantage is very, very ment Bench. I think the request that few. I remember the time when the this Bill be read after six months this MCA officials used to travel in lorries day is reasonable, and I do hope that, distributing these forms and requesting Members from the Government people to register themselves. If I am Bench-and particularly I appeal to not mistaken, the Honourable Member the Prime Minister-would accept across the floor from Telok Anson, this and give us a chance to study this was also a member of the party. As Bill more thoroughly. a result of the work of the MCA. I think many hundreds of thousands of The Prime Minister: Mr. Speaker, non-citizens have become citizens. Sir, I have been in my room listening Therefore, we see no purpose why to the various speakers who had taken Article 17 should remain in the Consti­ the floor yesterday and the best part tution when it was purpo,sely put there of this morning and all the time I was as a temporary measure. The insinua­ trying to find out in their arguments tion was that we purposely cancel or if there is anything that they have scrap this Article 17 in order to brought up which would justify the prevent the others from acquiring Government giving the matter of citizenship. If they had given other amendment a second thought. All I reasons for suggesting that Article 17 heard was that the Alliance was trying should remain in the Constitution, we to hoodwink the people, that the would willingly have considered them. Alliance was trying to cheat the At the expressed wish of the MCA people, that the Alliance was this and we are prepared to extend Article 17 the Alliance was that, and ·that I for a period of, perhaps, six months, myself had made a promise to the or perhaps a year. But no suggestion people in my speech made as early was made that it should remain for as 1954. At the same time, Mr. such and such a period. All that they Speaker, Sir, I have made thousands said was that the Alliance had a upon thousands of speeches since 1954 purpose or motive in trying to dispense and the rele:vant extracts of my speeches with Article 17. after that had never been mentioned. The whole of these talks which I have With regard to the other matter on heard yesterday and today contain which the Deputy Prime Minister nothing but insinuations. Nevertheless, moved an amendment-that is, with I put myself in the position to hear regard to Clause 3 which amends if any point has been brought up by Article 15-the position is that many any of the Honourable Members which women have taken advantage by pre­ would justify my discussing with my arrangement to get a husband here. colleague the Deputy Prime Minister, They come here and then they find a who had moved this Bill, for post­ reason to escape from their husbands ponement of this bill. But so far I have and carry out some other trade best not heard any. suited to them. Then again there are quite a lot of people, women, who For instance, under the proposals, come to this country purportedly on there is an amendment to Article 17. a visit. When they get here they then Article 17 is to be repealed by Clause get married and acquired the citizen­ 5. One knows that that particular ship of this country. Now, we thought Article, Article 17, has served its that it is about time that something purpose. It had been introduced in is done to stop these women from order to give an opportunity to those acquiring citizenship by this method who before Merdeka were not citizens and so this particular clause, Clause 3, to be registered as citizens; and all to amend Article 15, is intended to these 4! years they had every give women citizenship, but they opportunity to register as citizens; should qualify by remaining here two they have taken that opportunity, years before they get citizenship. That and the number who have not is fair enough. If the Opposition had ::~~~'t:?>l~

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4303 30 JANUARY 1962 4304 suggested that this Article is not quite hope they would, then they should be fair, or that we should perhaps allow considering the position of the citizens women to stay here a year or perhaps of this country rather than try and six months or something of that kind, help to protect aliens. To my mind, we might again be able to give some as I listened to them yesterday, it consideration. But here they don't. would appear that all they had in their They just work themselves up and mind is to bring in as many people blindly accuse the Alliance Govern­ as they like from outside to come and ment of some motive behind the live here, men and women, in order amendment to this Article. to swamp the citizens of this country. Again I have looked into the They have, they say and we all know, various arguments put forward by the like the Progressive Party, their own Opposition. For instance, under Article platforms; and on their platforms they 6 of the Bill a person must have been suggest that they should have multi­ continuously resident in Malaya for a lingualism and that they should have year before making his application for equality. This should deprive the citizenship by naturalisation under Malays of their special rights, which Article 19. Well, the reason, as has have been guaranteed under the Con­ been explained by the Honourable stitution-and I presume that if they the Deputy Prime Minister, is that this had two-thirds majority in this House, is one of the means of preventing the first thing they would do is to persons from acquiring dual citizenship. amend the Constitution, as otherwise We have, for instance, our neighbour they would be cheating the people across the Causeway whose citizens are who have given them their support allowed to come in and go as they (Applause). The same applies to the like. So, we do not want these people Socialist Front. The Socialist Front to acquire dual citizenship by being have got their ideas of making friends citizens of Singapore as well as citizens with those whom we regard up to of the Federation by just having a date as our enemies, and in their minds house here and at the same time go they could bring in the people to across the Causeway to carry on their swamp the citizens of this country­ business. For that reason, it is neces­ people from China and elsewhere-­ sary that to acquire naturalisation they and in order to enable them to do so have got to remain here for at least they should amend the Constitution. one year before they can acquire their Otherwise, how else are they going citizenship. That I think is fair. On to carry out the promise which they the other hand, if the Opposition has made to those who elected them to some other means or method of making this House~xcept to amend the it easier for those people to acquire Constitution? But immediately the citizenship, we could again give con­ Alliance think of amending the sideration-but again they have nothing Constitution in order to protect the to say about that. interests of the people of this country-the real, honest, loyal Mr. Speaker, Sir, we have found aII citizens of this country-they start to these amendments necessary from make aIIegations against the Alliance experience. It is obvious for everyone's without offering any counter proposals benefit that we should make use of on how best we could amend the our experience, because the idea of Constitution in order to satisfy them. amending the Constitution is to protect They have said nothing like that. the citizens of this country. The Having said everything they had to arguments which I have heard yester­ say, the next thing we heard them day and the best part of this morning suggesting to this House is that they are from people who try to protect want to delay the amendments to the the interests of the aliens. I mean, if Constitution for six months without they have loyalty to this country,· if giving any reasons for it, except that they love this country in the way we they want to go and sound those who r ------~--...... ------~----~ ---

4305 30 JANUARY I 962 4306 have elected them to this House, and ment has guaranteed that if by all I can think of, the only thing that depriving a person, it will make him they will do when they come back in stateless the Government would not six months, is to talk in the same do it. And then the same with strain and in the same manner as they Clauses 14, 20, 22, 31 and various have been talking for the last two other clauses with which it is intended days (Applause). We are not here just to amend the Articles of the Constitu­ to listen to accusations, charges and tion. Indeed, if Honourable Members talks imputing motives. We are from across the floor, who deal with here to listen to reasons, because we all these amendments, would give some are interested to know how best we thought to them, and if there is a can protect the interests of the people genuine desire on their part to study of this country, the people to whom this matter very carefully, so that when we owe obligations and not to aliens they come back in six months time (Applause). To them this is not the they would be able to put forward case: They want to bring in those some sort of proposal, which would people so that those people can swamp assure us that it will be for the benefit this country and endanger the security of all concerned, we would be glad of this country by spreading a reign of to listen. But there was none-none terror, lawlessness, disorder, thuggery­ at all. The only reason for all this and note, all these are the people whom suggestion for amendment is purely to we are trying to put down, not to delay, to delay the implementation of encourage by adding any more to their these Articles. Therefore, for that number. If they have their own way reason, I am strongly against the and are allowed to bring all these alien motion (Applause). elements into this country, giving to all these alien elements in this country The Minister of Finance (Enche' citizenship, then there will be no Tan Siew Sin): Mr. Speaker, Sir, since place for the good citizens of this the name of the Malayan Chinese country to live in. Whatever course Association has been bandied about and however unpopular we are going so much in this debate, particularly on to make ourselves, it is our duty­ the amendment to the motion, I think we are prepared-to carry out what it will not be out of place for me to we think is for the benefit and for the say a few words. Let us remember good of the people of this country that the Bill was in the hands of (Applause). Honourable Members before the end of last year; it was publicised in the There is also an important Clause-­ Press in the first week of January. Clause I I-which provides for the Therefore, even if you take the latter new Article 26A. It is understandable date, it is clear that this Bill has been that when a parent renounces his available for public study for ·a period citizenship, or wishes to acquire citizen­ of about four weeks. It has been ship of another State, then naturally suggested that this period is not it is his intention to renounce or to sufficient for a proper study of such acquire citizenship of another State­ an important measure. and by that it is assumed that he wants his children also to renounce their Now, Sir, let us look at the facts. citizenship. On the other hand, this new The Malayan Chinese Association itself Article, we say, will not affect the has not only studied this Bill at innocent child, as the Honourable the Central Working Committee level, but Deputy Prime Minister has explained it has also referred this Bill to all its that the sins of the father should not State Assemblies. As a result of two be visited upon the children, and it meetings held-and those two meetings has accordingly been provided in this lasted about eight hours in which every Article. And again, it is also provided clause was carefully scrutinised and in this new amendment that nobody explained-the Malayan Chinese Asso­ shall be stateless. By that the Govern- ciation decided by a unanimous vote 4307 30 JANUARY 1962 4308 to support this Bill (Applause). It is, Enche' Tan Siew Sin: Honourable therefore, a specious argument to Members are probably aware that suggest that not enough time has been normally I do not sit through an entire given for the study of this Bill. How­ debate, particularly a debate in which ever, what pains me very much is this: I am not directly concerned. However, in the course of the last two days we I have taken the trouble, during the have heard not so much arguments course of this debate, to sit here against the basic unfairness of the throughout and I find that the notes, provisions of the Bill, we have heard which then taken, have hardly filled not so much arguments that this Bill half a page during the course of a is or would not be in the interests of debate lasting two days. I have not the people of this country, but all we found a single argument which really have heard is rather a spurious attempt suggests that the Bill is basically unfair, to create dissension between the two and it is a significant fact that the major communities in this country Opposition, or those who are opposing (Applause). A number of speakers went this Bill, have so little to say against so far as to paint a picture that the the intrinsic merits or demerits of the MCA is so subservient to the UMNO Bill that they have to descend to the that it has got to do what it is told. rather despicable attempt to make fun Nothing is farther from the truth. of the MCA, in order to show to the people of this country that it does not I do not mind admitting that I was count for much. That is a matter of a member of the Cabinet Committee opinion and I think we can find out which sat on this Bill and I took a in 1964 whether they are or we are major part in its deliberations, and I right (Applause). certainly do not have the impression Enche' Lim Kean Siew (Dato that this was an attempt by UMNO Kramat): Mr. Speaker, Sir, I rise to to take advantage of its strong position take exception to the slanderous in order to impose itself on the people remarks made against the Socialist of this country (Applause). In fact, Front by the Honourable the Prime the MCA supports this Bill fully, and Minister. Never at any time in yester­ it makes no apology for doing so, day's speeches by the Socialist Front, because, as the Honourable the Prime has the Socialist Front spoken any Minister has pointed out, it must look word in support of any foreign element at this measure not from an alien point in this country. The Socialist Front of view but purely from the Malayan never, in fact, in spite of the very point of view (Applause). inaccurate leading article of the Straits Times, mentioned anything about Enche' D. R. Seenivasagam: Mr. children who had been deserted by Speaker, Sir, I rise on a point of their fathers. It is very unfortunate order-Standing Order 41 says: that I was quoted on parts of my "During a sitting (a) all members intended speech prepared before the shall enter, leave, and behave amendment was made by the Govern­ in the House with decorum;" Mr. ment and found space as part of a Speaker, Sir I ask for clarification speech I was supposed to have made whether, if Honourable Members can in Parliament but which was never cheer, it would be in order under made at all. Standing Order 41 to boo in response to the cheer. Sir, it is not true that we made no constructive suggestions. In fact, we The Prime Minister: Mr. Speaker, were very positive. We started off­ Sir, I have been present at some and I was very sure to make it very meetings of other Parliaments in clear to this House that I was attacking England, Australia and elsewhere, and the amendments to the Constitution I have heard cheers and nobody takes on the principle of democratic exception to it (Applause). practice ...... 4309 30 JANUARY 1962 4310 Dato' Suleiman: Mr. Speaker, Sir, ... of jus soli-that was the first thing I mentioned. With regard to the question Mr. Speaker: (To Enche' Lim Kean of the citizenship of the wife, the Siew) Do you give way? question I asked was, "Why after two Enche' Lim Kean Siew: No, Sir. I years should a woman prove that she was continually interrupted the whole is of good character once she is of yesterday and I had not been able married?" What I was suggesting was to speak for five minutes without that at least we could remove the interruption. Sir, yesterday to make sub-section with regard to proof as it very clear that our attack was on regards good character. Surely, that the question and meaning of demo­ is a positive suggestion! cratic practice, we stated that the Constitution is the supreme law of the The emphasis was very clear. We land, that there should be freedom emphasised on two things. One is the of movement, speech, assembly, free­ freedom of the Elections Commission dom of religion and the right to from the control of Parliament; the education and property, and that there Elections Commission should be left shall be no discrimination in citizens alone under the Constitution and that or class of citizens by reason of it should have complete freedom to religion, race, descent or place of birth. move within the Constitution without This point was very clearly repeated coming under the surveillance of yesterday by myself time and time Parliament-that is a concrete sugges­ again. Neither did we attack ...... tion, and what we say is, "Remove Section 5A of Article 114." The other Enche' Abdul Ghani bin Ishak thing that I said yesterday was that (Melaka Utara): Tuan Yang di-Pertua, the question of rights must mean the on a point of order. 36 (1). Saya rasa equality of representation to Parlia­ untok menyelamatkan masa Dewan ment-that each section or each area ini ada lebeh baik Yang Berhormat should have equal number of votes. dari Dato Kramat berchakap atas What I was trying to say was quite pindaan ini daripada mengulangi clear and if it was not understood, uchapan-nya yang sa-malam, yang I would say again, "Remove this mana kita sudah faham. Thirteenth Schedule which gives a rural area half as many votes as the town Enche' Lim Kean Siew: Mr. Speaker, area." Sir, I wish he had stood up to tell the Prime Minister to sit down. because Sir, I talked of the Internal Security I am only replying to his speech. It Act and it is relevant because the is about time that we stop being Internal Security Act is an attempt at mischievous in this Chamber on this attacking the principle, fundamental important matter. principle, of the Constitution which is the right of the freedom of the press Mr. Speaker: Please proceed. and freedom of speech. And I think Enche' Lim Kean Siew: If a man that if I had not made myself clear does not understand what we are today, I do not know what is required talking about ...... (Interruption). to make such simple matters clear to Members on the other side. AN HONOURABLE MEMBER: Shut up! I'll throw you out. Mr. Speaker, Sir, this morning, on the amendment, my Honourable friend. Enche' D. R. Seenivasagam: You the Member for Seberang Selatan, will be thrown out. Keep your mouth cited illustrations from other countries shut! whereby an amendment before it is Mr. Speaker: Order, order. Proceed. approved is put to the country generally and is discussed generally. Enche' Lim Kean Siew: Mr. Speaker, Now, if the Honourable the Minister Sir, with regard to the question of of Finance is correct to say that people citizenship, I mentioned the principle are trying to break the unity of the ~

4311 30 JANUARY 1962 4312 two peoples and that he is quite amendment brought by the Honour­ satisfied that the course adopted by able Member for Ipoh. Now, I am the MCA is right, then I say this: hearing a repetition of what was said "Don't be afraid then to throw out yesterday, and trying to correct what this amendment and let the people was said, and I understand the consider it. Let the people who are Honourable Member from Dato not members of the MCA as well as Kramat has given out to the Press members of the MCA consider it. a copy of his speech. Of course, the Call for a referendum on the Bill and Press has had to work on the copy let the public decide." Sir, if the of his speech given. Now he wants Honourable the Minister of Finance to accuse the Press and accuses can say in this House that he everybody calling us bigoted. I represents the majority of the people. mean this is most unparliamentarv. then why is he afraid of referring if I may say so, and I hope he will the matter to the people? It is absurd confine himself to the amendment to to suggest that when the Socialist Front come into power, or to insinuate. the Constitution. that we are going to amend the Constitution against the fundamental Enche' Lim Kean Siew: · The principles of democracy. We stand Honourable Prime Minister stated just auite clearly for democracy and now that we were trying to swamp democratic principles and do not let the country with foreigners and that anybody misunderstand it by slander­ we would be changing the Consti­ ous remarks made not only in this tution to suit our principles. and country but also outside this country, I must answer that. If my answer is in Singapore. irrelevant, then I say that the speech of the Prime Minister was also AN HONOlJRABLE MEMBER: You irrelevant, and the Honourable stand for communism! Minister, the Ambassador for Malaya in Australia, should have opposed Enche' Lim Kean Siew: We don't it (Laughter). stand for communism. and that is quite clear. We stand for democratic Dato' Suleiman: Sir, on a point of practice which says that we should order. I am still a Minister-Minister at least tolerate everybody's speech. without portfolio (Laughter). I am It is very unfortunate that I have to certainly not here as the Ambassador speak to people who are so bigoted in Australia. His ignorance is like that they should insist on shouting out that of the Hottentot in Africa. and. calling me names. Sir. I am trying to make myself heard not only in this Enche' Lim Kean Siew: Mr. Speaker, House but also to the members of Sir, I must apologise. I did not realise the public in general. Now I will allow that there is now a new class of you (Dato' Suleiman) the floor since Ministers-"Ministers without port­ you are so impatient (Laughter). folios". If I am irrelevant now, then I say the Minister without portfolio Dato' Suleiman: Have you finished should have objected to the Prime and may I speak now? Minister's speech because this is just a reply to his speech, and he said Enche' Lim Kean Siew: I said, "I just now that we would be swamping allow you the floor." I did not say Malaya with foreigners. This is far, that I had finished! far from the truth. ·Mr. Speaker: You must address the I will now repeat the words of the Chair! His Majesty the Yang di-Pertuan Agong in Alor Star when he told the Dato' Suleiman: Mr. Speaker, Sir, people that ''It daes not mean that I thought that this is a debate on the those· who oppose the Government 4313 30 JANUARY 1962 4314 are disloyal." In the words of His amendment put forward are concerned, Majesty, we are equally as loyal as we have not heard any arguments anyone on the opposite side of the that would justify us considering the floor (Applause), but we oppose, and amendment proposed by the Honour­ we oppose, when we think it is wrong. able Member for Ipoh. We cannot slide over what has been an attempt to be hidden from the Sir, a number of Honourable Mem­ public by general words of accusation. bers quoted a part of my speech which We cannot, by adopting the words of says that the Government has given the Prime Minister of Singapore, make consideration to the views of the people forget the arguments and the various communities in this country. logic of our case. As I said, it took us more than a year to consider these amendments, I repeat again, "We here solemnly and in the Government there are declare that we will maintain demo­ representatives of the various com­ cratic principles, we will keep the munities: we have the President of democratic practice, we will uphold the the Malayan Chinese Association, we rule of law and if we do become the have the president of the Malayan Government (Laughter), we will Indian Congress, as well as the expunge from this country that infernal leaders of the UMNO. Therefore, Sir, piece of repression called "the Internal it is these Gentlemen who had given Security Act". I hope that the time their views on these amendments will come when the people who laugh knowing the position of the members here will suddenly realise the serious­ of their respective communities. Also, ness of what we are trying to do Sir, as has been explained by my today. Honourable colleague, the Minister of Internal Security, we had circulated Mr. Speaker, Sir, I had not intended this Bill on the 23rd of December, to speak on this amendment, but I 1961. Therefore, we have given had to make my points clear, and it Honourable Members quite sufficient is very regrettable that the decorum time to study this Bill. As I said, I of the House has been continuously agree that this important measure sabotaged by Members from the needs careful scrutiny, but we have opposite side. given ample time for everyone to consider this Bill and also we had The Deputy Prime Minister (Tun briefed the Press before this Bill was Haji Abdul Razak): Mr. Speaker, Sir, circulated to Honourable Members of as the mover of the original motion, this House. Since the Bill was I would just like to say only a few published, various representations have .words. The Honourable Prime been made to us. We received Minister and my colleague, the representations from the Malayan Minister of Internal Security, have Trade Union Congress; and we also already replied to the points raised by received representations and memo­ the Honourable mover of this amend­ randa from the Bar Council. All ment. Now, as the Honourable Prime these views had been carefully Minister has said in this debate, since considered and as a result of con­ yesterday we have not heard any sidering all those views, we have, as substantial arguments which will Honourable Members know, put justify us considering this amendment. forward certain amendments to this As the Honourable Prime Minister Bill. Sir, the Government has given has also said, most of the arguments this measure very careful and very put forward by the Members of the serious consideration and, as I said, Opposition are largely accusations there is no ground in my mind for against the Alliance that the Alliance delaying the passing of this Bill at has committed a breach of promise this juncture. Therefore, Sir, as the and what not. But as far as the Honourable Mover of the original arguments on the merits of the motion, I reject the amendment ,, • ""

4315 30 JANUARY 1962 4316 proposed by the Honourable Member pehak Kerajaan mahu pun dari pehak for Ipoh. pembangkang, soal kera'ayatan ada­ lah menjadi soal pokok. Tuan Yang Sir, before I sit down, I would like, di-Pertua, tidak-lah menjadi soal with your permission, to move a kapada kita sa-kira-nya soal kera­ motion under S.O. 40 (1) for the 'ayatan ini hanya di-perkatakan closure of the debate on this amend­ di-dalam tulisan, tetapi yang menjadi ment. soal kapada kita ia-lah sa-patah dua 2 2 (Mr. Speaker indicates assent). di-dalam perkataan Undang mengenai: kera 'aya tan bermacham2 perubahan Tun Haji Abdul Ra7.ak: Mr. boleh berlaku pada-nya. Oleh sebab Speaker, Sir, I beg to move that itu bahawa di-mansokhkan Article 17 under S.O. 40 (1) that the question daripada Undang2 Perlembagaan negeri be now put to the House. ini ada-lah satu amalan yang amat besar kebajikan-nya bagi negeri ini Dato' Dr. Ismail: Sir, I beg to (Tepok). Tuan Yang di-Pertua, sudah second the motion. 1,500,000 orang yang telah meng­ gunakan Article ini mendapatkan Question put, and agreed to. kera'ayatan menerusi pendaftaran. Amendment put, and negatived. Apabila kita tilek dari sudut bilangan 2 Mr. Speaker: We now come back orang yang hidup di-Persekutuan to the original motion "That the Bill Tanah Melayu ini yang berjumlah be now read a second time." lebeh kurang 6 juta orang, nyata-lah kapada kita t daripada ra'ayat negeri Enche' Zulkiflee bin Muhammad ini mendapat hak-nya dengan kelulusan (Bachok): Tuan Yang di-Pertua, saya Article 17 ini. menyokong Rang Undang2 ini (Tepok). Kita tahu bahawa di-dalam sa-buah Pada pendapat saya tidak ada negeri Perlembagaan ini-lah yang sa-buah negeri dalam dunia ini yang menjadi pengawal kehidupan dan telah memberikan kelayakan menjadi kedaulatan yang akan menentukan ra'ayat menerusi pendaftaran sa-hingga kedudokan kemajuan dan keselamtan membolehkan t daripada bilangan ra'ayat dalam negeri itu. Kemas tidak pendudok-nya menjadi ra'ayat. kemas-nya Perlembagaan boleh me­ nentukan apa yang akan berlaku Jadi, Tuan Yang di-Pertua, kalau kapada bentok hidup ra'ayat sa-sabuah ini bukan demokrasi, maka tidak-lah negeri. Waiau pun saya merasa di­ ada suatu lagi yang boleh di-namakan dalam faham demokrasi bahawa demokrasi (Tepok). banyak keadaan2 yang patut di­ perhatikan dan yang patut di-jadikan Tuan Yang di-Pertua, apa sahaja amalan. Akan tetapi, saya menginsafi yang di-amalkan apabila berlebehan, bahawa negeri ini telah· terlalu laju dia menjadi kejahatan. Apabila terlalu di-dalam demokrasi, dan tidak-lah baik, dia akan merosakkan. Apabila mustahak kita pada sa-tengah2 keadaan terlalu jahat, dia akan membinasakan. terlalu memandang demokrasi itu Mengambil jalan yang sederhana ada­ sahaja-lah chara mutlak yang dapat lah satu jalan yang baik. Dan saya menyelamatkan hidup kita. Pada rasa penutupan yang di-lakukan kapada pendapat saya yang amat penting bagi pintu yang di-buka oleh Article 17 sa-buah negeri itu ia-lah meletakkan itu pada masa ini sudah-lah kena pada kebenaran pada tempat-nya yang tempat-nya walau pun bagi pehak benar. saya lebeh suka ia-itu lebeh dahulu dari ini di-lakukan. Tuan Yang di­ Tuan Yang di-Pertua, apabila Rang Pertua, sunggoh pun nampak kapada Undang2 ini ki-kemukakan saperti kita bahawa Rang Undang2 ini Rang yang di-nyatakan dalam Dewan ini Undang2 yang amat baik bagi oleh mereka yang turut mengambil mengawal kehidupan kera'ayatan bahagian dalam-nya, sama ada dari negeri ini, tetapi saya maseh merasa ------·~-----

4317 30 JANUARY 1962 4318 ada beberapa soal yang patut di­ pindaan itu datang menunjokkan perhatikan oleh Kerajaan, yang patut makin longgar dari sa-hari ka-sahari di-timbangkan sa-mula supaya tujuan sa-hingga memaksa kapada saya asal dari mengawasi kehidupan sendiri menahan Kerajaan dengan ra'ayat negeri ini dengan baik yang mengemukakan pindaan pula supaya tidak terluput kerana ada-nya Iubang2 apa yang telah di-buat oleh Kerajaan kechil yang mungkin menggantikan itu dapat di-pertahankan. pintu yang besar di-sebabkan oleh luput lubang itu. Tuan Yang di-Pertua, banyak cherita yang telah kita dengar di­ Tuan Yang di-Pertua, di-dalam dalam Dewan ini, cherita yang penyokongan yang saya berikan kapada merupakan pemikiran masing2 yang Rang Undang2 ini sa-bagaimana yang berlainan. Saya katakan ini sebab tiap2 di-ketahu"i oleh Dewan ini saya ada­ pehak di-sini ada-lah mempunyai: lah mengemukakan beberapa pindaan kewajipan mengemukakan pandangan yang akan saya nyatakan di-perangkat mereka sendiri. Orang yang hendak Jawatan-kuasa. Tetapi yang hendak kapada pintu yang lebeh besar saya tarek perhatian ia-lah kapada berkeras2 supaya pintu itu lebeh besar. uchapan Yang Berhormat Timbalan Bagi saya yang hendak pintu itu di­ Perdana Menteri yang telah menyebut­ tutup rapat dan akan berkeras pula kan, dan ini-lah yang hendak saya saya menuntut supaya pintu itu di­ tarek perhatian Kerajaan bahawa tutup rapat. Tuan Yang di-Pertua, walau pun Article 17 telah di­ kapada Kerajaan yang telah menjadi hapuskan dengan Rang Undang2 ini­ dasar pemindaan Undang2 ini supaya "parallel provision still exist"-sharat2 menjadikan kehidupan ra'ayat negeri yang sa-laras dengan ini maseh ada. ini selamat dan terkawal' saya harap­ Tuan Yang di-Pertua, sharat2 ini-lah lah supaya pandangan2 yang akan yang kita hendak berhati2 dalam-nya. di-kemukakan di-sini mendapat per­ sebab mendedahkan tingkap terbuka hatian yang baik. Apabila saya dengan mengunchi kuat pintu ada-lah sebutkan tadi, di-dalam pelaksanaan menjadikan rumah kita "rumah Abu Perlembagaan yang akan di-luluskan Nawas" sa-mata2. di-sini Kerajaan hendak-lah bertegas2• Maka saya merujokkan Dewan yang Tuan Yang di-Pertua, satu daripada mulia ini kapada bab (1) dari Rang perkara yang saya takutkan, dan Undang2 ini. Kita tahu, Tuan Yang saya harap mendapat perhatian dari­ di-Pertua, di-dalam sa-sabuah Perle­ pada Kerajaan di-dalam melaksanakan mbagaan yang mustahak-nya ia-lah pindaan Undang2 yang ada di-muka kuat-kuasa-nya bila ia itu di-jalankan kita ini. Pindaan Perlembagaan yang dan bagaimana ia itu di-jalankan. di-kemukakan ini ada-lah keazaman Di-dalam bab (1) dalam pindaan ini yang mesti di-tunjokkan oleh Kerajaan. dia telah mengatakan bahawa Rang Yang saya takut keazaman ini Undang2 negara ini boleh di-tetapkan mungkin akan tersentoh keselurohan oleh Perdana Menteri pada sharat di-dalam keadaan2 dan tekanan2 yang pelaksanaan-nya pada tarikh yang ada di-hadapan kita ini. Tuan Yang berlainan bagi sharat2 dan kelulusan2 di-Pertua. mengatakan bahawa takut yang berlainan. saperti ini tidak berasas, tidak-lah boleh dapat di-terima dengan mudah. Tadi, Tuan Yang di-Pertua, satu Tuan Yang di-Pertua tentu-lah ingat perkara yang menakutkan saya telah bahawa Rang Undang2 ini baharu berlaku. Sa-malam Yang Berhormat di-kemukakan sa-bulan sahaja. Kata Timbalan Perdana Menteri telah Yang Berhormat Timbalan Perdana beruchap dan saya salin-Iah uchapan­ Menteri sa-telah tiga tahun di-kaji nya dengan chermat, dia telah di-dalam sa-bulan-nya itu di-kemuka­ menyebutkan ada-lah di-maksudkan kan tiga kali pindaan oleh Kerajaan. di-dalam pelaksanaan bab ( l) dalam Dari sa-helai ka-sa-helai kertas pindaan Undang2 Perlembagaan ini bahawa datang dan yang menghairankan saya hendak di-beri masa rahmat sa-Iama ,,..., ;';

4319 30 JANUARY 1962 4320 tiga bulan lagi. Di-dalam melaksana­ telah tahu kelakuan2 orang yang tidak kan pindaan kapada bab (17) dari bertanggong-jawab menyebabkan apa Perlembagaan Persekutuan · Tanah yang kita hendak buat itu terganggu. Melayu, sa-malam dan pagi ini dengan Sa-sudah kita mengetahui maka tiada­ tidak semena2 Yang Berhormat Per­ Iah satu jalan bagi Persekutuan Tanah dana Menteri telah beruchap kapada Melayu melainkan bertegas. Siapa akan Dewan ini boleh jadi enam bulan marah kapada kita, tiada sa-orang pun atau boleh jadi sa-tahun. marah melainkan orang2 yang tidak menjadi kera'ayatan negeri ini menurut Tuan Yang di-Pertua, kembali-lah peratoran2 yang telah di-sebutkan oleh saya kepada asas mula2 dari per­ Yang Berhormat Timbalan Perdana bahathan saya, Perlembagaan di­ Menteri: "Federal provisions still hormati kerana perlaksanaan-nya dan exist". Telah ada provision, telah ada kuat-kuasa-nya dan bagaimana ia itu jalan masok dengan baik, apa-kah di-laksanakan. Kalau-lah di-buat sa­ ma'ana mengambil berat lagi kapada suatu kelulusan di-dalam Perlembagaan perkataan2 itu. Tuan Yang di-Pertua, dan di-dalam pelaksanaan-nya kita di-dalam halini saya minta-lah kapada gantong2kan, kapada takhayyul kita Kerajaan supaya menghapuskan gantong2kan, kapada tekanan2 kita 2 kalimah Perundangan yang ada di­ gantong2kan, kapada pengaroh kita dalam pindaan Perlembagaan itu. gantong2kan dan kapada apa sahaja Dengan menghapuskan apa yang di- yang akan berlaku maka akan katakan, " ...... and the Prime Minister hilang-lah kehormatan Perlembagaan may appoint different dates for the itu dan akan tundok-lah Perlembagaan coming into operation of different itu kapada orang2 yang tiada lain provisions of this Act." Dengan kerja mereka melainkan menimbulkan demikian Tuan Yang di-Pertua, ter­ gangguan2 kapada pelaksanaan sa-buah jamin-lah perlaksanaan Perlembagaan Perlembagaan yang telah di-luluskan kita. oleh Dewan ini. Tuan Yang di-Pertua, ini sama-lah sa-orang yang hendak Sitting suspended at 1.00 p.m. menutup pintu · rumah-nya yang besar dengan tujuan supaya jangan-lah orang Sitting resumed at 4.30 p.m. yang tidak baik masok ka-dalam-nya. Tetapi kalau kita hendak menutup (Mr. Speaker in the Chair) pintu rumah yang besar dengan tujuan yang demikian tetapi berdiri kita di­ EXEMPTED BUSINESS depan pintu itu: "Hai manusia2, saya akan menutup pintu ini, berlumba2, (MOTION) lah tuan ka-mari, masok-lah beramai2." Maka hilang-lah ma'ana tujuan dari Dato' Suleiman bin Dato' Haji Abdul Rahman: Mr. Speaker, Sir, h~ak menutup pintu itu. Jadi, Tuan Yang di-Pertua, kalau orang lain suka since we are hard-pressed with the time, may I, Sir, beg to move- memberi amaran dan kata2 keras dalam Dewan ini, kali ini saya That the proceedings of the House this memberi amaran kapada Kerajaan day on this Constitution (Amendment) bahawa untok menyelamatkan negeri Bill shall be exempted from the provisions ini tidak dapat di-lakukan sa-kira-nya of Standing Order 12 (1) until 11.30 p.m. kita tidak mahu bertegas2 di-dalam i.e. that the meeting should go on menjalankan keputusan yang telah until 6.30 p.m. and resume at 8.30 di-ambil di-dalam Dewan ini. p.m. until 1 l.30 p.m. Tuan Yang di-Pertua, Clause (1) The Minister of Transport (Dato' ini ada-lah menyakitkan sa-kira-nya Sardon bin Haji Jubir): Sir, I beg to ia itu di-tinggalkan saperti yang second the motion. demikian sebab kita sudah tahu ra'ayat Persekutuan Tanah Melayu ini, kita Question put, and agreed to. -----·-·---~ ----~~------~.-..--·

4321 30 JANUARY 1962 4322 Resolved, dan sa-telah bagitu elok layanan yang di-beri dari segi undang2 Per­ That the proceedings of the House this day on this Constitution (Amendment) lembagaan mereka merasa tidak mahu Bill shall be exempted from the provisions menjadi ra'ayat negeri ini, maka mari­ of Standing Order 12 (1) until 11.30 p.m. lah kita uchapkan kapada mereka itu selamat dudok dalam Persekutuan Tanah Melayu ini bukan sa-bagai THE CONSTITUTION (AMEND­ ra'ayat tetapi sa-bagai orang dagang. MENT) BILL Sementelahan pula negeri ini tidak-lah Second Reading pula memberi layanan burok kapada orang2 yang tidak menjadi ra'ayat Debate resumed. negeri ini, sa-balek-nya kita rasa muhibbah penghormatan kapada Enche' Zulkiflee bin Muhammad: mereka itu sa-bagaimana menasabah Tuan Yang di-Pertua, sa-bagaimana kapada mereka itu hatta selaku mereka saya katakan tadi masa terbuka-nya itu tidak menjadi ra'ayat negeri ini. kelulusan pendaftaran menjadi ra'ayat Ini-lah, Tuan Yang di-Pertua, yang sudah empat tahun sa-sudah Merdeka. saya minta supaya Kerajaan di-atas Saya, Tuan Yang di-Pertua, tidak-lah asas ini memandang berat tentang tahu sa-takat mana benar-nya sa­ kedudokan period of grace yang di­ hingga jakalau rahsia yang telah sebutkan dalam perbahathan ini. berlaku di-antara parti2 politik negeri ini tetapi yang mustahak bagi saya Tuan Yang di-Pertua, saya ada­ ia-lah bahawa kelulusan ini hendak­ lah menyambut baik pindaan Fasal 9 lah di-berhentikan yang kita telah pun yang meminda bab 24 dari Per­ memberi kelulusan dalam Fasal 5 dari Iembagaan Persekutuan Tanah Melayu pindaan ini dengan mengatakan yang di-dalam-nya di-tambah satu bahawa memansokhkan yang hendak fasal yang baharu (3A) yang memboleh­ di-lakukan itu tidak-lah merosakkan kan Kerajaan Persekutuan Tanah perjalanan permintaan2 yang telah ada Melayu ini mengambil tindakan di-buat dahulu daripada berjalan-nya terhada p orang2 yang menggunakan kuat-kuasa bahagian ini dari pindaan hak politik negeri2 luar Persekutuan Perlembagaan. Ini, Tuan Yang di­ Tanah Melayu. Apabila sa-saorang Pertua, sudah chukup baik bagi itu menjadi ra'ayat negeri ini sunggoh 2 2 pun kita tidak mempunyai' tongkat membolehkan orang yang benar penyukat bagi mengukor ta'at setia ingin menjadi ra'ayat bagi Persekutuan mereka itu kapada negeri ini, tetapi Tanah Melayu ini dengan pendaftaran, ada beberapa tanda yang nampak dan oleh sebab yang demikian saya menunjokkan sadikit sa-banyak ter­ mengatakan hendak-lah period of pesong daripada mereka daripada grace itu di-ketepikan. Jangan-lah pegangan sasal dan tiada-Iah satu terlupa, Tuan Yang di-Pertua, sa­ tanda yang tepat dalam memandang sudah pengalaman kita dapati beberapa kechil hak politik sa-lain daripada banyak pendaftaran yang menyebabkan 2 2 menggunakan hak politik yang lain di-beri kera'ayatan atas asas yang yang berlawanan dengan hak politik salah dan sa-sudah kita mengalami asal. Kapada orang2 yang telah meng­ tarek sa-mula sa-banyak 1,400 kera­ gunakan hak politik negeri lain 'ayatan. Sa-sudah ini semua-nya, daripada negeri ini maka tiada-lah Tuan Yang di-Pertua, dan lagi sa­ satu mata yang boleh memberi faham sudah kita memberi pengampunan bahawa ia ingin berpegang lagi kapada sa-tahun ta' ada-lah lagi jalan bagi hak politik-nya dalam negeri ini. Oleh negeri ini melainkan menutup pintu-nya sebab yang demikian, Tuan Yang di­ bagi orang yang tidak ingin masok Pertua, dalam pindaan ini ada-Iah satu ka-dalam dengan menutup pintu fasal yang sesuai dengan tujuan kita kera'ayatan menerusi pendaftaran ini. mewujudkan sa-buah negeri yang Sa-kira-nya orang yang ada dalam ra'ayat-nya benar2 menjadi ra'ayat negeri ini merasa sa-telah bagitu lama negeri ini. Hal ini bertambah baik ~

4323 30 JANUARY 1962 4324 apabila kita perhatikan dengan ada-nya Surohanjaya Pilehan Raya Perse­ Fasal 10 yang mengatakan bahawa kutuan Tanah Melayu. Wujud-nya penggunaan dan melakukan sa-suatu sa-buah Surohanjaya Pilehan Raya kewajipan dari sa-parang jawatan kerja, di-negeri ini dengan dasar yang bebas atau jabatan Kerajaan dari mana telah di-luluskan oleh Bab yang ter­ bahagian luar atau mana bahagian tentu dalam Perlembagaan kita. Tujuan politik-nya semua-nya itu yang ada di­ yang besar dari wujud-nya Surohanjaya tuntut di-dalam-nya tanda dengan ini ia-lah bagi melaksana dan men­ pengishtiharan ta'at setia maka semua­ jalankan pilehan raya di-negeri ini supaya terselamat-lah pilehan raya itu nya ini akan membolehkan kita 2 menarek kuat kelak. Saya pandang ini daripada di-kachau oleh anasir politik ada-lah satu tanda keselamatan yang yang sengaja hendak menggunakan hendak kita jalankan yang patut pilehan raya berchampor gaul dengan di-terima baik oleh semua ra'ayat kekuatan dan tekanan politik. Tuan negeri ini. Tuan Yang di-Pertua, Yang di-Pertua, satu daripada sharat bagi lantekan surohanjaya ini ada bahkan saya memandang sa-barang di-terangkan di-dalam Fasal 114 (2) tanda dan tunjok perasaan yang yang mengatakan: "(2) In appointing menunjokkan kurang setia-nya pada members of the Election Commission negeri ini sudah chukup bagi mem­ the Yang di-Pertuan Agong shall have buktikan sa-saorang itu tidak lagi regard to the importance of securing mempunya'i keta'at setiaan pada negeri an Election Commission which enjoys ini walau pun ia itu berlaku dalam public confidence." Perkataan ''which negeri ini yang sa-benar-nya. Saya enjoys public confidence" yang di­ menuntut supaya Kerajaan sentiasa kehendaki oleh Perlembagaan ini ada­ perhatikan dan memandang kapada lah satu perkara yang hendak-lah sa-barang gerak-geri yang menunjok­ di-pegang oleh Kerajaan. Kita tahu, kan kedudokan ta'at kapada negeri ini Tuan Yang di-Pertua, Duli Yang dan di-sharatkan kapada perbuatan Maha Mulia Seri Paduka Baginda oleh ra'ayat negeri ini terutama mereka Yang di-Pertuan Agong tentu-lah yang mendapat kera'ayatan dari telah melakukan lantekan ini di-atas keluluskan2 pendaftaran dan natura­ dasar bahawa mereka ini mempunya'i lisation. keperchayaan orang ramai. Kerajaan, walau apa Kerajaan dan apa parti-nya, Tuan Yang di-Pertua, sunggoh pun patut-lah berpuas hati dengan hak sa-sabuah negeri itu berhajat kapada politik yang telah dapat kapada-nya susunan2 yang dapat memenohi ke­ yang telah di-dapati-nya dengan ke­ hendak2 falsafah orang2 zaman dahulu menangan-nya dalam pilehan raya, ia-itu zaman Aristotle tetapi yang dan dengan kuasa2 politik. Ini sudah mustahak bagi Persekutuan Tanah chukup bagi membolehkan Kerajaan Melayu ia-lah menengok apa-kah supaya berjalan dengan baik, dan pegangan yang benar2 orang yang tidak terganggu dengan sa-siapa dan menuntut hak politik negeri ini-Perse­ mana2 perbuatan pun. Tetapi bagi kutuan Tanah Melayu bukan sa-mata2 membolehkan peralehan pemerentahan kerana kita hendak mengikut falsafah tentu-lah ini mustahak kapada satu yang timbul oleh orang2 yang merasa badan yang bebas yang benar2 bahawa dunia ini sudah lengkap dapat mempunyai' keperchayaan orang ramai di-bentok dengan ideal mereka sendiri. lebeh daripada parti politik itu sendiri.

Tuan Yang di-Pertua, saya suka Tuan Yang di-Pertua, yang saya berpindah kapada satu perkara yang takuti kalau-lah di-lakukan sa-barang besar yang pada pandangan saya patut champor tangan dalam soal2 Sutohana­ kita perhatikan lagi, dan saya harap jaya Pilehan Raya ini, · maka demo­ supaya mendapat perhatian dari Kera­ krasi yang hendak di-diri-nya, yang jaan Persekutuan Tanah Melayu. Hal hendak di-pelihara dan di-pertahan­ ini ada-lah bersangkutan dengan kan oleh Kerajaan pada hari ini akan 4325 30 JANUARY 1962 4326 hilang dengan sendiri. Tuan Yang di­ Speaker of the House of Representa­ Pertua, kita tahu bahawa tidak ada tives and the Prime Minister accord­ satu tindakan yang tidak menimbulkan ingly ...... " Initiative bagi mengadakan tindakan balas. Sa-barang tindakan "delimitation" ini hendak-lah datang­ yang hendak memeras dan menekan nya daripada Surohanjaya itu sendiri, hanya akan menimbulkan lumpatan dan ini-lah yang mustahak di-faham­ yang berbalas yang akan merbahaya. kan. Sebab, Tuan Yang di-Pertua, Oleh sebab itu, Tuan Yang di-Pertua, sa-kira-nya ada fahaman yang meng­ saya minta kapada Kerajaan supaya atakan bahawa initiative ini boleh di-dalam mendapat hak yang bagini datang dari Prima Minister, maka dalam soal Surohanjaya Pilehan Raya saya mengaku-lah bahawa fahaman ini hendak-lah Kerajaan berchermat. itu tidak boleh di-pakai, dan sa-kira­ dan menggunakan-nya dengan chara nya itu-lah yang di-fahamkan oleh yang betul. "Terms of office" yang di­ Rang Undang2 ini, maka saya tentu nyatakan dalam pindaan Perlembagaan tidak bersetuju dengan pindaan yang yang di-kemukakan di-sini hendak-lah saperti ini. Tuan Yang di-Pertua, ini berma'ana sharat2 asas bagi lantekan hendak-lah di-pegang kuat oleh Kera­ mereka itu, masa lantekan mereka itu, jaan, sebab pada Surohanjaya ini-lah tetapi jangan sa-kali di-ma'anakan sahaja tinggal harapan politik bagi tegahan dan larangan2 yang di-ator kebebasan pilehan raya dalam negeri oleh Kerajaan yang akan merosakkan ini, dan sa-kira-nya pindaan ini di­ keadaan surohanajaya yang bebas itu, tukar maksud asal-nya, saya perchaya dan jangan sa-kali di-ma'anakan negeri ini akan kurang demokrasi-nya, bahawa ia itu champor tangan dan akan hilang pada akhir-nya, dan (interruption) daripada Kerajaan. Saya pada ketika itu yang akan rugi tahu, Tuan Yang di-Pertua, bahawa bukan-lah orang lain daripada Kera­ pindaan Perlembagaan ini tidak-lah jaan itu sendiri. Sebab, Tuan Yang mengizinkan Kerajaan berbuat bagitu, di-Pertua, lambat luan-nya "reaction" dan saya harap supaya apa yang bagi satu tekanan politik itu akan di-sebutkan oleh pindaan Perlembaga­ timbul dengan sendiri-nya. an, itu-lah yang berlaku. Tuan Yang di-Pertua, ada fahaman Pada pandangan saya dan saya yang tidak juga dapat saya sekutu minta-lah supaya saya berlainan dari­ dalam menyetujul-nya yang mengata­ pada orang yang terdahulu daripada kan bahawa bilangan orang dalam saya memahamkan berlain pula kawasan2 luar bandar kadang2 boleh bahawa apa yang di-luluskan atau sa-tengah kurang daripada kawasan2 yang hendak di-luluskan oleh sharat2 bandar. Ada orang memahamkan ini pindaan Perlembagaan ini ta' sa-kali ada-lah mewujudkan satu perbezaan mengubah kuasa "delimitation" politik. Pehak saya, Tuan Yang di­ dengan ertikata awal-nya daripada Pertua, sa-telah kita perhatikan Surohanjaya Pilahan Raya. Saya minta pengalaman2 dalam menghadapi pileh­ bahawa Timbalan Perdana Menteri an2 raya bagi kawasan2 di-luar bandar menegaskan di-sini bahawa tidak-lah kita merasa itu ada-lah satu perkara menjadi kehendak Kerajaan hendak yang menasabah. Chuba-lab, Tuan memulakan usaha "delimitation" di­ Yang di-Pertua, kita bayangkan dalam kawasan2 pilehan raya. Sebab, kawasan Hulu Kelantan mithal-nya, Tuan Yang di-Pertua, nyata daripada perhubongan-nya, chara perjalanan2- apa yang di-katakan di-sini bahawa nya amat-Iah sulit sa-kira-nya bilangan kuasa itu tidak ada pada Kerajaan. mereka itu hendak di-samakan dengan Saya setuju dengan ini, kerana asas bilangan pengundi2 di-bandar, saya itu. Di-dalam muka 11 bahagian 4 perchaya sa-tengah negeri Kelantan menyebutkan: "Where the Election itu akan menjadi sa-buah kawasan, Commission have provisionally deter­ dan akan menyebabkan mustahil bagi mined to make recommendations under kawasan2 luar bandar rnempunya'i Clause (2) of Article 113 affecting any perwakilan yang bersernbangan dengan constituency, they shall inform the kawasan2 dalam bandar itu. Jadi,

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4327 30 JANUARY 1962 4328

Tuan Yang di-Pertua, berdasarkan ~ends Article 125, they will see that itu tidak-lah menjadi satu kesulitan m each case the new clauses which we bahawa di-katakan "weightage" yang propose to insert begins with the words di-chadangkan ini menasabah dan "Subject to the provisions of this 'adil. Article," which amends Articles 114 and 125 respectively. I am advised Tuan Yang di-Pertua, hal2 ini that the effect of these words is that sengaja saya sebutkan kapada Kera­ the two safeguards which I have jaan supaya terselamat Surohanjaya already described remain unimpaired. Pilehan Raya ini daripada di-ganggu If the House will bear with me a oleh politik, dan oleh kerana tidak ada moment longer, I will explain why we tujuan yang tertulis-saya tidak mus­ propose these two amendments. As I tahak membahathkan dalam hati-yang have already said, one of the safe­ tertulis di-sini tidak ada tujuan dan guards is that-and the next seven tidak ada kebolehan dalam sharat2 ini words are a quotation from the Con­ bagi memulakan potongan daerah stitution-the remuneration and other atau sa-bagai-nya yang merasa terms of office shall not be altered to tidak halangan bagi Dewan ini me­ the holder's disadvantage after his nerima apa yang di-usulkan di-dalam appointment. The Constitution already pindaan Perlembagaan ini. provides for the remuneration of Tuan Yang di-Pertua, sa-lain dari- Judges. ~d members of the Election pada itu ada beberapa shor saya yang Co':11m1ss1on and, as I have said, for akan saya bawa dalam Committee their tenur~ of .office. But by what I Stage, sebab itu-lah masa yang mena- can ~mly 1mag1!1e to ha:v~ been an sabah bagi-nya. oversight, there 1s no prov1s1on for any other terms of office. The only purpose Dato' Sardon bin Haji Jubir: Mr. of Clauses 21 and 23 is to fill this very Speaker, Sir, I intervene at this stage small and not very important gap. to put the record straight on one _ , particular point. Honourable Members Enche Too Joon . Hine; (Telok opposite have said more than once An.son): Mr. Speaker, Sir, I have been that there are provisions in this trymg to stand up so many times and Bill which would affect the indepen- finally I have got my chance now. dence of the Supreme Court and the Sir, I rise to oppose this Bill-an Election Commission. For all I know Act to amend the Constitution of the this .arises from a genuine misappre­ Federation. In opposing this Bill, Sir, hension. However that may be, I think I speak not so much as to justify our it would help the House, and also stand and our view in the past, nor those outside who study our debates, to inflict the leaders of the Alliance if I explain straightaway why it is not for the vagaries of their political so. . beliefs. but to implore the Honourable the Prime Minister to keep faith with Articles 114 and 125 of the Con­ the people and to be honest with them­ stitution have always contained, and selves, particularly with reference to still contain, two safeguards for the this debate here today. I am pleading independence of the Election Com­ to them-although I know my plea mission and the Judiciary. First, there would not be of any effect, but still is provision for security of tenure; I plead to them again-that they secondly, there is provision that the should not abandon the spirit with remuneration and other terms of office which we founded this nation, the of a member of the Election Commis­ Persekutuan Tanah Melayu, and to sion or of a Judge shall not be altered withdraw these proposals for the to the disadvantage of a particular amendment .of our Constitution as laid holder of the office once he has been down in this Bill. appointed. If the House will look at Clause 21 of the Bill, which amends ·Sir, you will remember that when .Article 114 and Clause 23, which the Constitution was first discussed, ~ 4329 30 JANUARY 1962 4330 the proposals indeed raised much 'No' to jus soli'', and Tunku said storm and bitterness from various "Not a breach of faith" and under­ quarters of the country, partly because neath it is stated "The United Malay of misunderstandings over the pro­ National Organisation decided yester­ posals, but fundamentally because the day it would not support the demands people of this country, from every from other members of the Alliance section of our communities, were Party for jus soli,-the automatic right anxious to preserve the rights and of citizenship for those born in this interests which they hitherto had country." enjoyed. Certainly the House will remember how the issues concerning Then on the 11th April, the Straits citizenship, rights and interests of the Times says, "Danger: Big Three may communities, and State power in fall out on citizenship, if Branches go relation to the powers of the Central unchecked; crisis faces Alliance." Government were discussed with Mr. Speaker: Have you got to shout? anxiety and bitterness of the entire population. Enche' Too .Toon Hing: No, Sir, I am not shouting. It says, "Jus soli, Mr. Speaker, Sir, even long before no decision." Then another one on the the Constitution of the Federation was 14th April, 1956, it says: "I remember debated in this House during the last signing no such thing. Tunku fed up Legislative Council on 10th and with jus soli row."; then again on 11th July, 1957, the fear and anxiety "the same paper, another one says of the people were already high. With "MCA will not sell Chinese" -and this the arrival of the Reid Commission expression was said by the Honour­ during the months of May and June, able the Minister of Justice in Ipoh. 1956, this fear and anxiety rose to its Then on the 15th April, 1956, "Jus zenith. Indeed, the emotions and feel­ soli controversy. It is the time for cool ings of the entire population at that thinking" - this is a quotation from time could only be judged from the Dato' Yahaya bin Haji Abdul Razak­ reports of the press which I am about "Warned that unless it was stopped · to quote, and only quoting these immediately, the jus soU controversy reports can I stress the importance could be fanned into an inter-racial and the delicate concern of. the people strife." in the Constitution. Now, Sir, I have got quotations with Sir, I would now like to give a regard to the feelings of the Chinese description from the report of the community. It was reported here on various communities concerning the the 3rd April, Malay Mail, "Associa­ framing of the Constitution. I have tion back four points memorandum." here a copy of the Straits Echo dated What are the four points? "Equal 2nd April, 1956. It is stated here: citizenship rights for Indians, Chinese "Selangor UMNO Opposes Jus Soli": and others as given to the Malays;" then, again, on the 3rd April, 1956, the second point, "Citizenship rights "Negri UMNO on Jus Soli"-and I for those born in Malaya;" thirdly, think at that time the Honourable "Responsibilities and privilege of Member for Pasir Mas Hulu was a citizenship should be equal;" fourthly, member of UMNO-:-it says here, "Multi-Iingualism with the languages "Dato' Mohamed Hanifah, Seremban of the various races regarded as UMNO Youth Leader, strongly official." objected to the views expressed by Mr. T. H. Tan, Executive Secretary of Then, here is another one from the MCA on the introduction of jus soli Mmay Mail dated the 9th April, 1956, which is likely to create communal "No fair play, no support, says the hatred and chaos in the country." Chinese" -this is from the guilds and associations of Malacca. Then another Again, Sir,· on the 10th April the one says, "Jus soli, no compromise. Malay Mail reported "UMNO says Meeting with Tunku not necessary. <:«" ,,~f,iw'lf\.YiR"""'''":" ~·.F •• 'l>a,,~,

4331 30 JANUARY 1962 4332 says Dato' Tan"-that is the late Tun stand on jus soli." This was by whom? Cheng-Lock Tan; then it is reported By the guilds and associations through­ here what the present President of the out Malaya. MCA, the Minister of Finance, said: "Last night Mr. Tan Siew Sin told Then, Sir, the last one here which the Malay Mail 'I am all in favour of says, "/us soli case for London. Big the adoption of jus soU. In fact, I had Four set up rival organisation · to wanted this question of citizenship to MCA to plan mammoth meet of be settled to the satisfaction of all non-Malays." concerned before the last election'." Sir, all these cuttings show the Again, Sir, here is another one which feelings and emotions of the people says, "Jus Soli-Call for sober reason­ from the Chinese section, and now ing by UMNO and MCA"-this is here I am going to quote from the dated the 15th April, 1956. Indian section-it is a very interesting one: "Selangor MIC to ask for jus Mr. Speaker: You have a very good soli"--0n the 6th April, 1956, it was collection (Laughter). Please proceed. reported, "He did not support jus Enche' Too Joon Hing: Sir, I am soli"-that is MIC President-"MIC quoting all these to show the very Kuala Lumpur town branch yesterday vital and important aspect on this criticised Congress' President, Mr. question of citizenship. In the Sunday V. T. Sam ban than, for not supporting Times of 15th April, 1956, it is stated, jus soli and citizenship for those "Who drops citizenship question from residing in country for five years." Sir, Manifesto? Colonel Lee denies he is this paper is at your disposal (Laughter) to blame. Siew Sin's allegation for reference. astonishes him." Another one, Sir, Mr. Speaker, Sir, when the Reid (Laughter) on Monday the 16th April, Report was released for the first time 1956, which says, "MCA plays lone in the press on the 21st February, 1957, hand. Committee to draft jus soli the entire nation was once again on memo." It says here, "This decision the alert followed by a period of ever­ was taken after three hours meeting increasing suspense. One would think by 20 top ranking leaders of the at that time that the nation which we MCA in the seaside bungalow of the hoped to build was going to pieces as Association's Publicity Chief, Mr. Tan indicated by the demands, counter­ Siew Sin." Who were the people there? demands, counter - counter - demands Mr. Tan Siew Sin, Mr. Leong Yew from the community leaders of the Koh, the Minister of Health and day. Secretary-General of the MCA, Mr. T. H. Tan, the Chief Executive Secre­ Mr. Speaker, Sir, may I crave the tary, Mr. Yong Pung Hou, a lawyer, indulgence of all Honourable Members Dr. Lim Chong Eu and Mr. Too Joon in this House with quotations, again, Hing (Laughter). from past press cuttings, the purpose of which will not only serve as a tonic Mr. Speaker: I expected that. on the important issues connected with (Laughter). Please proceed. this very debate on the amendment to the Constitution but also to serve Enche' Too Joon Hing: Then as vital references for members in here is another one from the Tiger making their decision. Standard: "Chinese firm on jus soli. Sub-committee elected to draft a Here, Sir, I would like to quote memoi;-andum" -this refers to the again from the views and feelings of MCA,· Sir. Then, there is some more­ the various communities. Here is one at that time emotions were so high; dated March 28th, 1957, "UMNO actually everybody is trying to topple Leaders expect big 'Yes'. UMNO somebody. Here it says, "Challenge Leaders were confident today that to the MCA. Guilds aroused over tomorrow's General Assembly of the ..,,-,~~7~· ......

4333 30 JANUARY 1962 4334 Party will accept by a majority vote a master race. There is another one the Reid Commission's Report as here, which says, "UMNO boycotts basis for the Constitution of the Congress" -this is from the Singapore independent Malaya." Here again, Sir, Standard dated 23rd April, 1957-"It on the 29th March, 1957 it is reported will destroy Malay unity, warns Che in . the Straits Times, "Tunku sweeps Senu. "-then at the Congress we see away UMNO's fear. Islam will be the lovely picture of our Member for State religion. Paramount Ruler will Dungun-"She will be there at the safeguard the rights and privileges of Congress.'' the Malays. Only official language to be Malay." Then following this, it Sir, another one here from the says, "Nine walk out on Rahman. Sunday Times of May 5, 1957, says, Negri quit after delay motion flops." "MCA moves to expel rebels in the Then here there is another one from United Kingdom mission." Then the Chinese press. It says, "UMNO finally, Sir, this one is from the has not accepted Reid Report Straits Times of Wednesday, May 22, entirely" -that is from the China. Press 1957, and it says: "Don't accept dated the 29th March. 1957. Reid's Report as it stands, they urge. Delegation hands protest memos to Mr. Spetaker: Is that printed in Lennox Boyd"-that is the delegation English? of the Guilds and Associations. Enche' Too Joon Hing: No, Sir. Sir, we have also quotations from I have got it translated into English. the Indian section. What does it say It is a translation, Sir. Again, I am here? That is a translation of the going to quote from one who had Kwang Wah Press dated 16th April, been lately a Member of this House 1957, which says, "MIC to meet in and who just passed away and to Penang to discuss the demand for whom we have given tribute. I refer Chinese and Tamil as official to no other person than the late Dato' languages; The Penang Governor Onn bin Ja'afar. On 29th March, should be an Indian of Malayan­ 1957, he said this: "This is our grave. bom"-they wanted a Governor Reid's Report was a shroud for the (Laughter). Malays and the Constitution based on it "the grave in which they would be Mr. Speaker: I don't think that is buried." Another one here, Sir, says, relevant to the debate! "London visit is off. Too late to oppose draft Constitution"-this is a report Enche' Too Joon Hing: It shows, from the Strai.ts Times of July 12, Sir, that the Indians wanted a 1957-"Malay Congressmen: We will Governor to protect their rights in .. continue to fight against jus so/.i." Penang. I now quote from the Chinese Mr. Speaker: You have no right section. It is a translation, again, from to argue with me! Sin Pin Press, which says, "Chinese delegation to London"-that was Enche' Too Joon Hing: No, Sir, reported on the 15th April, 1957. We but I am just pointing it out. Subse­ see here the nice picture of the quently when the draft Constitution Honourable Mr. Tan Kee Gak was introduced in this House during (Bandar Melaka) with Mr. Lau Pak the last Legislative Council on the 10th Khuan, Mr. Yap Mow Tat and Mr. and 11th of July, 1957, Honourable .Lim Lian Giok; they were going to Members who were present at that London to protest against Reid's time would not have easily forgotten Report. Another one here, dated the scene of one of the bitterest battles _23rd April, 1957, from the Straits among two distinguished Members over Times, "Chinese plead for racial certain vital issues in the Constitution. equality. A memorandum to Tunku The battle royal was between the is released. Chambers fear spectre of Honourable Mr. S. M. Yong and the "'' ,~..,--.. ~, -·'1!

4335 30 JANUARY 1962 4336 present Minister of Health. Some of Sir, again in the same speech in the heated words hit the headlines in column 2866 it says here- the Press. "We have to take into account all the Sir, I think if we refer to the various conflicting interests and I do not Legislative Council debate of the 10th believe that a better Constitution could July, 1957, Column 2884, we can see have been devised in the circuinstances the hot words that were passed of our country today." between the two persons. In fact. I have got here an extract from the Sir, another question which I would Singapore Standard of the 11th July like to refer to is by the Honourable which says: - the Minister of Finance. He described the situation in those days and I would "MR. ONG: Who are you speaking like to quote his words here-on the for? 10th July, column 2867, he says-

MR. YONG: Certainty not for you. "The atmosphere then was formal, because behind the facade of pomp and The MCA battle in Council." splendour there were the ever present Sir ...... fears and suspicion between community and community and between the leaders The Minister of Education (Enche' of one community and the leaders of Abdul Rahman bin Haji Talib): On the other communities. One cannot help a point of order, Sir-S.O. 36 (1). I feeling long and definite period of colonial don't think the Honourable Member rule, as the country was hopelessly divided not only in the multiplicity of States but is relevant. divided by conflicting interests, conflicting Mr. Speaker: He is quite relevant. ideologies and, most important of all, Please proceed. conflicting objectives." Enche' Too loon Hing: Mr. Speaker, Mr. Speaker: Whose quotation is Sir, from the debate of the draft that? Constitution on the 10th and 11th July, 1957, I would like to quote some Enche' Too loon Hing: The Honour­ of the references made at that time. able present Finance Minister's. Then First, I quote our Prime Minister when I would like to quote from Mr. he introduced the motion for adoption S. M. Yong-column 2880. What did of the draft Constitution, on the 10th he say?-He said- July, 1957. I refer to Column 2843 "It is a pity that the Alliance Govern­ of the Official Report where the Prime ment should have thought fit and proper Minister says-I think this was quoted to depart, and depart substantially, from yesterday by the Honourable Member the recommendations of the Reid for Dato Kramat but still. Sir. I would Constitutional Report." like to quote it with your per­ mission: And then he said- "Members of the Working Party also "By departing from this compromise, if kept in touch with each individual Party I may be permitted to say so, our Alliance of the Alliance; and within UMNO itself Government has lost a golden oppor­ each division of the Party was consulted. tunity of creating a united nation, as a The same applies to MCA and MIC ...... " nation with loyal and devoted subjects. If the Alliance Government ignores, He went on to say: which I hope it will not, without con­ sidering the grievances of the other races. " ...... that the recommendations of the which may be sowing seeds of desperation Reid Commission on which the new and dissatisfaction among the subjects." Constitutions are based were in their turn based on representations received from hundreds of organisations and individuals Then another one I would like to and on the personal views and experience quote is from ex-Honourable Mr. of the members of the Commission." Devaser. on column 2944. ~

4337 30 JANUARY 1962 4338 Dato' Dr. Ismail: On a point of I have never suggested to anybody at information, Sir. Is ex-honourable any time that I would change the Consti­ parliamentary? tution as soon as we win the election." Mr. Speaker: No-don't say ex­ That was quoted by the Tiger Standard honourable. and here I quote the same, which was given at the same press conference. Enche' Too Joon Hing: The former honourable (Laughter). Enche Ibrahim bin Abdul Rahman (Seberang Tengah): Mr. Speaker, Sir, Mr. Speaker: Please proceed. with your permission, I would like Enche' Too Joon Hing: The former to ask whether he knows the Chinese Honourable Mr. Devaser says- proverb "On too long". "It appears to me that the Draft Mr. Speaker: I did not understand Constitution is the best in the circum­ what you said. stances. But I cannot agree on one point­ • that it is the foundation for a united Enche' Ibrahim: ...... the Chinese country. It appears to me that until proverb "On too long". yesterday we were Malays, Chinese, Indians and others. We have gone one Enche' Too Joon Hing: I do step forward which I think is a logical evolution. We are now coming to two not understand what he says, Sir groups-Malays and non-Malays. I wish (Laughter). to pray to God that even that distinction should disappear in time to come." Mr. Speaker: I must warn members that members can only interrupt the Now, Mr. Speaker, Sir, thus one sees Speaker on two points only: one is on clearly that the Constitution is a a point of order and the other is on delicately balanced instrument and that a point of clarification. If it is a we should sustain and uphold for point of order, you must point out on many, many years to come. As a which point he has committed a breach; matter of fact, I am compelled to quote on a point of explanation you must our Prime Minister, Tunku Abdul ask his permission whether he gives Rahman, again during the Alliance way or not. Please proceed. crisis in July, 1959, when he assured the nation that there would be no Enche' Too Joon Hing: Thank you, change in the Constitution if the Sir. As I said just now the same press Alliance were returned to power. Sir, conference is quoted by the Straits with your permission I would like to Times this time. It says- quote-Sir, this is a copy of the Tiger "Commenting on Dr. Lim's fear of the Standard dated 11th July, 1959. The Constitution being altered, the Tengku Tunku was giving this at .a press asked : 'Have we given ground for any­ conference: body to fear that we would change t)le Constitution?' " "He says there was never any intention on his part to allocate less than 30 seats I have also here a quotation from to MCA. To the allegation that UMNO wanted at least two-thirds majority in the Chinese Press quoting from the order that it might have the necessary same press conference. I have it majority to alter the Constitution was translated here and it says- groundless. 'I have always declared that the national constitution must be upheld, "The Tunku pointed out that the and I still maintain that. It is the Consti­ publication of Dr. Lim's letter of 24th tution which has won freedom for Malaya June, 1959, was an ultimatum and there and it will continue to ensure peace and should not be any more ground for prosperity for the country', the Tunku discussion. He said 'I am indeed very declared." sad, because this is the first time that there are people doubting our sincerity. Then following up he says- MCA is afraid that UMNO's two-thirds majority seats will in future amend the "I have never given anybody any present Constitution to the disadvantage suspicion that I am going to play dirty. of the Chinese. This fear is unnecessary."

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4339 30 JANUARY 1962 4340 Then again, Sir, on the 13th-that Enche' Too Joon Hing: I am reading is the report of the UMNO General from the Malayan Constitutional Assembly-the Tunku declared at this Documents, Sir. And then it went on­ Assembly. It says- "Tunku Abdul Rahman, subsequently the first Prime Minister of the Fedetra­ "Because of this I feel sad and hurt­ tion, moving the second reading of that the irresponsible section of the MCA the Federal Constitution Bill, August cast their doubt of our sincerity and 15, 1957." Mr. Speaker, Sir, and expressed the fear that if we were returned to power we would introduce taking these responsible statements by amendments to the Federation Constitu­ Alliance leaders, from the people's tion which would endanger the lives and point of view they understand that the property of the Chinese in this country." Constitution will not be amended, and from the Parliament point of view we Sir, I also have here the China Press. understand also that if such an It is more or less the same and I don't important issue as amending the like to quote it to save time. Constitution was intended, a mandate Mr. Speaker: If it is the same, don't will be sought. In view of the fact that the Alliance Manifesto of 1959 did quote it. not stipulate the present Government's Enche' Too Joon Hing: So, Sir, this desire to amend the Constitution, and Press they have reported more or less the repeated statements by responsible the same theme, and that is "No change Alliance leaders that they would not in the Constitution." That is the most amend the Constitution when thev important point I am driving at, and were contesting the 1959 elections, ·1 this to my mind is the crux of the maintain that this Government has whole issue in this debate. not got the mandate of the people to make these proposals today. Firstly, that the Alliance leaders Mr. Speaker: You need not have have, in the light of feelings of the to shout so loud. people and the controversiveness of the Constitution, themselves advocated that Enche' Too Joon Hing: I am sorry, there should be no change made to Sir. Certainly, Sir, in the very words it for some time. Secondly, because of the Prime Minister which I have the Alliance Manifesto of 1959, which quoted, these proposals to amend the I have pointed out this morning, Constitution are not consonant with carried no indication that the Govern­ the spirit with which we fought under ment wanted to change any part of the terms of Merdeka; and these the Constitution. Sir, as a matter of proposals today become the very sub­ fact, I have quoted previously that the version of parliamentary institutions Tunku has repeatedly in the press which we hope to establish, for the maintained that the Alliance have no Government and the Alliance Party intention to change the Constitution. leaders are not representing the people's Furthermore, in the very dedication of will. And here I would like to the official publication "Malayan emphasise the words "exclusively Constitutional Documents," there is a representative of the people's will" quotation by Tunku, and I would like which I quoted previously. Where to quote it, Sir, because it is a very is the people's will for the Govern­ important one. It says: ment to amend the Constitution which is taking place today? I "It must be remembered that the say the Alliance has not got it from freedom to which we aspire is the the people to do so. Sir, I would like freedom to govern ourselves under a to quote here from Thomas Jefferson system in which parliametary institutions who wrote, in the name of the United shall be exclusively representative of the States of America, the Declaration of people's will." Independence. It says: - Mr. Speak.er: Are you reading from ''All men are equal, endowed with the Constitution? certain natural rights, and that to secure ~----"""----.------

- 4341 30 JANUARY 1962 4342 these rights, Governments are instituted Enche' Too J'oon Hing: No, Sir. It among men, deriving their just powers is a very short one (Laughter). This from the consent of the governed." is what our Finance Minister has said Here, has the Alliance derived their on the 18th of July, 1956, at 8.45 power from the consent of the governed p.m. at a meeting of the Alliance to amend this Constitution? Have you Ad Hoc Political Committee at the got it? (Laughter). MCA Headquarters: HONOURABLE MEMBERS: Yes. "Mr. Tan Siew Sin pointed out that, in any case, reference would have to be Enche' Too Joon Hing: If you say made to the MCA General Committee "Yes", what value then have the for final decision. The General Com­ mittee was the highest executive body words of our Prime Minister in the of the MCA." eyes of the world when he himself has repeatedly declared "no change in What did he refer to? He was our Constitution" during the Alliance referring to the Alliance Memorandum crisis in 1959? From the point of view for adoption at that Ad Hoc Political of the MCA, it is indisputably written Committee. down in Part 2, Clause A, of its constitution-the MCA constitution, Dato' Suleiman: Mr. Speaker, Sir, Sir~and I quote--"to uphold and on a point of order-may I know if preserve the Constitution of the the Honourable Member means to say Federation of Malaya". Sir, from this by all these quotations that the MCA and from the trends of events which has got the right to change the Consti­ happened within the MCA during the tution of the country? I mean to say past three weeks, I submit that the that I am at a loss to understand this Honourable Members from that organi­ reference to the MCA's constitution. sation sitting in this House have not Does it mean that the MCA as a got even that authority provided under political body has the power to amend Rule 153 of the MCA constitution to the Constitution of this country or only give them the power to consider these to amend its own constitution? proposals for the amendment of the (Laughter). Federation Constitution. Sir, I think I would like to quote this Rule 153 Enche' Too· J'oon Hing:· Sir, I have which stipulates the power under which already explained that though Rule 153 the members could amend the Consti­ gives power to amend its constitution, tution, because their own constitution I am trying to tell the House that they says: "To uphold and preserve the have not got the power. When the new Constitution". Therefore, in order to draft constitution was passed for the amend the Federation Constitution, first time in August, 1958, by the they must amend the MCA constitution MCA Central General Committee, the first before they can do so; and urider highest executive body, by a majority that they must abide by Rule 153, of exactly two-third votes, which I and Rule 153 is that the MCA must remember ...... call a general ass~mbly before they can do it. Now, for the last two or three Mr. Speaker: I must warn you that weeks, two meetings had been called we are not concerned with the consti­ by the Central Working Committee tution of the MCA. and that Central Working Committee has no power whatsoever to amend Enche' Too J'oon Hing: Sir, I am the Constitution. And I would like to trying to prove that members of the quote here the words of our Finance MCA have no power ...... Minister who said this-a little bit Sir, (Laughter)...... ' Mr. Speaker: I will give you a certain amount of latitude, but I must warn Mr. Speaker: I hope it is not a you that we are not considering the long one. constitution of the MCA (Laughter). ... ~~;\,~"'"""''"·~

4343 30 JANUARY 1962 4344 Enche' Too Joon Hing: Sir, it is a Enche' Too Joon Hing: Sir, I there­ very short reference. fore charge the Alliance leaders to look into their conscience and to keep Mr. Speaker: Proceed. faith with the people. Do not tum Enche' Too Joon Hing: Sir, at that the princi pie of democracy into a time the Minister of Health and a mockery and mislead the people. group of staunch supporters made There is a Chinese saying which, with strong representations to the Registrar your permission, Sir, I would like to of Societies to have the proceedings quote in Chinese-I quote: declared null and void just because of "Kwa yong t'hau, mai kow yoke." one blank vote cast. Surely, to amend the Federation Constitution, the Translated into English, it means, supreme law of the country, which "Hang a goat's head to sell the dog's safeguards the rights and protects the meat." In Bahasa Kebangsaan, it interest of every individual, it should means, "Bergantong kepala kambing, have been a decision to be made only untok menjual daging anjing." Sir, if by the highest executive body-the the Alliance persists in bulldozing MCA Central General Assembly. But through this Bill, which I am certain, what did the President and his leaders because of its ability with a majority do? They only convened two hush­ in this House, a thing which we, the hush closed door meetings of the Independents, were afraid of during Central Working Committee and they the Alliance crisis in 1959, then I will even refused the attendance of Press not only say that it is a breach of representatives. What are the secret faith of the Alliance with the people things they are hiding? Surely the but it is also a rape on the part of the awakening giant.,-the MCA-should Alliance on the sanctity of the funda­ have the giant courage to face and mental rights of the Constitution. inform the people what is happening in regard to the Constitution and what Mr. Speaker, Sir, the House will has been passed at those meetings. It remember that when we were debating is only right, and it is their duty, to the question of increasing the allowance tell the people the true facts when to Members of this House there was individual rights and interests are strong opposition to that Bill and the involved in the amendments before Alliance withdrew the Bill. Therefore, us here today. Surely the people whom with such an issue so vital as the they claim to represent as a political amendment of the Constitution and body should be informed properly. I, which is far more important than the therefore, submit that Honourable allowance Bill, surely the Alliance will Members here from the MCA have again exhibit that noble spirit to with­ no authority to act on behalf of the draw this Bill now before us. Further, MCA and far less have they the right with the Merger and Malaysia in the to represent the people in this vital offing, it would be better to withdraw issue of amending the Constitution. any change or amendment to the If they do, they will not only be Constitution and not to complicate violating and outraging their own matters. constitution but they will be betraying the faith of the people who trust them. Sir, I have already brought to the notice of this House the feelings, the Mr. Speaker, Sir, our world today emotions and anxieties of the people is full of strange happenings (Laughter), in matters particularly concerning and one of these things is how quick their rights and interests, and any move people change. We were told that a on the part of the Government to leopard does not change its spots, but tamper with such rights and interests nowadays many leopards change their of any section of the people would spots (Laughter). only revive those old emotions again which, in the interests of peace and Mr. Speaker: Order, order. harmony of our country, should be ,.µ:_ W, ' J.., p;:e:...... , ------,.....

4345 30 .JANUARY 1962 4346 avoided by all means and at all costs. This constant nibbling at the Consti­ There is no truer and more befitting tution is like scratching and wounding saying by anybody than that of the the raw and embittered feelings of Prime Minister himself when he said the people over issues which were so at a Press Conference, and which was controversial only four years ago. For reported in the Tiger Standard of the all the reasons I have given, I am not 11th July, 1959, which I have already asking for amendment to the amend­ quoted, and which I quote again: ments but a total rejection of the entire proposal. I request the Government to "I have always declared that the withdraw all these proposals till a National Constitution must be upheld, more appropriate day, say, after and I still maintain that it is the Consti­ Merger or Malaysia, or after we have tution which has won freedom for Malaya and it will continue to ensure peace and discussed and know fully what the prosperity for the country." terms of the Merger and Malaysia will be; or better still in a true and demo­ I fervently believe that the continued cratic spirit get a mandate from the harmony among the people in this people at the next election for these country can only be assured if they vital amendments. If the Alliance still are made to feel secure under the persists with the proposals, then I will provisions of the Constitution. There­ ask the House in the name of the fore, it will be highly undesir• people of this country to reject the able for us to tamper with the proposals in toto. Constitution needlessly and too fre­ quently. Mr. Speaker, Sir, let us consider the Bill with its Explanatory Statement Enche' Mohamed bin Ujang: Mr. and see if it is explanatory at all. Speaker, Sir, on a point of order: I In regard to Clause 2 (3), if we refer to Standing Order 44 (1).' I think refer to the Explanatory Statement, the Honourable Member is repeating. page 15, second paragraph, it says He read the quotation from the paper there, " ...... there is no Malayan just now and he is reading it again. consulate in these territories" -this was already said yesterday by the Mr. Speaker: The speaker has not Honourable Deputy Prime Minister, been irrelevant and he has not been that is in the territories of Singapore, pulled up by me. He has not been Sarawak, Brunei and North Borneo. warned by me that he has been If we look at the definition of this repeating. I am here as the Speaker "Malayan Consulate" interpreted by to judge whether a speaker is repeating Sheridan, then we will know that a or not. Proceed. Consulate according to Sheridan, page Enche' Too Joon Hing: Sir, now I 24, where it says, "In respect of a got to start all over again. I fervently consulate ...... " Anyway, Sir, in fact, believe that the continued harmony this Clause means that there is an among the people in this country can accredited agency to work on the only be assured if they are made to Government's behalf. In any case we feel secure under the provisions of the are going to have a merger or the Constitution. Therefore, it will be Greater Malaysia, as the Prime highly undesirable for us to tamper Minister has already declared, in 1962. So with the amendment necessary for with the Constitution needlessly and too frequently; and I would like to the purpose of a merger or Greater remind the House that the Govern­ Malaysia, this paragraph will be ment has already been playing around redundant. For that reason, I suggest with pittling amendments in the that the Amendment should be post­ Constitution vide Act No. 10 of 1960. poned or the Amendment should be However, this present set of proposed put off until a later date. amendments are not small matters but Under Clause 2 (4) (c), Sir, this are big, vital and important issues. Clause, again, had already been once .,, -•-i<;:-M!l'P'~~

4347 30 JANUARY 1962 4348 amended under Act 10 of 1960. The katakan: sa-tengah daripada pehak further amendment brought in here, pembangkang menyokong chadangan if I am not mistaken, must have been ini. distributed after the protest of people Mr. Speaker: Ia ada hak berchakap. or after two MCA, CWC meetings. Nevertheless I think the Clause with Enche' Tajudin bin Ali: Saya hendak the amendment still denies to the child beri penjelasan. of a parent, who does not come under these conditions, the citizenship. Sir, Mr. Speaker: Ia ada hak. Itu ta' this is not consonant with the original ada kena-mengena. Please proceed. intention of the framers, that is the Enche' Too Joon Hing: Thank you, Working Party, of which I happened Sir. I have in the early part of my to be a member. When we framed this speech brought to the notice of the Clause, our intention was to give House the emotions and feelings of jus soU to any child irrespective of the people over this delicate issue of the parent, irrespective of who he was citizenship by birth. That is the or what he was, whether he is here, principle of jus soli. there or anywhere. A child is born and he is given the birth right. Sir, Mr. Speaker: Don't repeat those with this amendment, the principle of things. You have already done that. jus soli is written off. Also this amend­ Enche' Too Joon Hing: Sir, those ment is not in consonant with the bitter and anxious moments are still terms of the compromised agreement, fresh in the minds of the people. In when the MCA asked for jus soU for fact, the people have already voiced all people who were born here, the their sentiments over this issue in UMNO refused and we had a com­ Kuala Lumpur at the Municipal Town promise. That compromise was that Hall on Friday. January 9, 1962. I on and after Merdeka Day all births understand the Bar Council has also should be given citizenship rights. submitted a memorandum to the With this amendment now, the Alliance Government protesting against some has fallen back on its word. What­ of these proposals on the amendments ever reasons the Alliance may have to the Constitution. Sir, we also see given, I say the principle under which in the papers only vesterday or this this amendment...... morning that the MTUC has voiced their opinion on that. I, therefore, Enche' Tajudin bin Ali: Tuan Yang urge the Alliance leaders. particularly di-Pertua, untok penjelasan. Ada-lah the Prime Minister, to keep faith with chadangan Kerajaan sekarang ini­ the people. I wish to remind him of saya hendak beritahu Ahli Yang his promise of }us soli which he made Berhormat dari Telok Anson itu yang to the people of this country when he chadangan ini di-sokong kuat oleh addressed the MCA Central General PMIP. Committee on 13th June, 1954, which the Honourable Member for lpoh has Enche' Too Joon Hing: Sir, under mentioned yesterday, at the Hotel what Standing Order is he speaking? Maiestic, Kuala Lumpur in protest against the implementation of the Mr. Speaker: You just now give way White Paper for Federal Elections. to him. Let us hear what he wants At that meeting he said-I have got to say. the minutes here and if anybody wants to see it, it is at his disposal: Enche' Tajudin bin Ali: Jadi ia kata chadangan ini ia-lah satu chadangan "The principle of jus soli has been daripada Kerajaan Perikatan. Itu betul accepted by UMNO and the rest will tetapi di-sokong kuat oleh PMIP. Jadi follow." bukan-lah ma'ana-nya pada Perikatan Sir, at that momentous meeting there sa-orang sahaja bahkan di-sokong were, excluding . the Prime Minister oleh sa-bahagian besar boleh di- himself, eight · of us present including ~ '·W*·' ... .J44 ,A w 'W --..-.-...---·------~------...... ------

4349 30 JANUARY 1962 4350 my humble self who are now in this Times of 22nd January, 1962, then House. Therefore, I sincerely hope that I say that these amendments here in our Prime Minister will not dishonour fact provide more loopholes than the his words. loopholes you are going to cover. The Alliance has always charged their Further, Sir, I would like to remind opponents as communal agitators and the Honourable Minister of Finance distorters who always misinterpret or who happens now to be the President distort facts. But let me point out to of the MCA-the memory is still fresh the Alliance leaders here that it is not in my mind and I can recall it only the Opposition Parties and the distinctly-of his staunch stand on the Members of Opposition in this House principle of jus soU in the early days who are opposing these amendments of the arrival of the Reid Commission but at this moment the Bar Council in Malaya. He was one of those is also protesting against these amend­ MCA representatives who would not ments. You cannot say the Bar Council even budge an inch on this issue. I is also distorting, or misleading the remember, at the Alliance Ad Hoc people. Therefore, I submit, Sir, that Committee held at the MCA HQ. on the Alliance is bluffing the people 18th July, 1956, he told this Com­ and pulling wool over the eyes of the mittee that it was felt in some quarters people. They are playing around and that Tunku Abdul Rahman had not tampering with the fundamental rights only led the Aliance to an Elections of the people. victory unparallel in the history not only of Malaya but of the other Mr. Speaker, Sir, the Tunku countries outside the Iron Curtain, but promised $2 million to the Chinese was now in a better position to tirge schools in 1955 without any strings and upon the Malays the acceptance of conditions attached. What happened the principle of jus soli. If at the to the $2 million? It vanished into height of his power, Tunku Abdul thin air-just like that! Rahman could not do so, then the time would never come for the people Mr. Speaker: I don't think that is in this country ever to be able to relevant. enjoy the rights of jus soli. What then Enche' Toon Joon Hing: I am has led the Tunku to change his coming to it, Sir. Likewise, I say that attitude and break his promise so the promise of jus soli is also following suddenly? What has made the MCA the $2 million into thin air now that president to support the amendment Merdeka is achieved. Can you blame and help to write off the principle of the people· for doubting the sincerity jus soli which he himself was once so of the Alliance? Can you blame them touchy about? What is the motive for turning away and supporting the ~ behind this? We all would like to know, Opposition now-a-days? At this and the people likewise would like to moment, when the people of the other know. If you say, "According to the countries are studying our Constitution, Tunku to strengthen the position of if the Government makes hurried the ra'ayat and safeguard the country changes in the Constitution it will only from outsiders" as reported in the create further misunderstanding. This Straits Times on the 15th of January is another reason why I suggest the 1962, we would like to know who the postponement of the amendment until outsiders are and how many of such after Merger and Greater Malaysia. outsiders are there in this country. Sir, immigration is so strict now-a-days Sir, now I come to Clause 3 (1)­ that one can hardly get into this Article 15. Sir, according to Article country without the stringent blessing 15 any woman is entitled to citizenship of the Special Branch of the Police. if she is married to a citizen. Now this If you say, "According to the MCA amendment makes a fundamental to eover loopholes in the citizenship change and that is that any woman clauses" as reported in the Straits who is married to a citizen must reside -· .... l'.'fi.~!o",·';1'~'·

4351 30 JANUARY 1962 4352 here for two years before she can change from the intentions of the obtain citizenship. But I say that the framers, under the conditions in which Alliance Working Party, of which I the original framers debated and was one of the members, had con­ drafted this part. Their. idea was that. sidered the loopholes whereby women But if you repeal this, you are taking would try to come here through away the intentions of the framers of marriage. That is why in the Alliance this Article in the Constitution. It was Working Party we had said that if a stated by the Government that this woman married to a citizen divorces her Article was intended to be temporary. husband within two years her citizen­ What was intended to be temporary was ship should be deprived-and I think the language qualification. You see we that is a very sound safeguard against considered at that time that a lot of abuses. Therefore, I think that this people who were born outside Malaya amendment to require a woman to be but who had been resident in Malaya here for two years before she can get on Merdeka Day, many of them would her citizenship is a fundamental change. not be able to speak the national And then not only that, but it adds language because they stay in the another thing-good character. How kampongs or the new villages and the are you going to define good character? Indian labourers in the estates, they The loop is so wide: it can be never had any opportunity to contact or widened, and it can be narrowed. even to speak Malay, the national Where is the legislation by which you language. Therefore, this condition was can say that a man is of good character. put-that was in cases where the or a woman is of good character? applications were made within a year. There is no definition given here. How That one year was a tern porary are you going to decide? This is a measure for those people who cannot very, very hard question. Indeed, it speak the national language. But it would be a problem for anybody to does not mean that the whole clause get citizenship if we take this "good here was temporary. I was one of the character" into consideration. Then I Working Committee on this and we would like to ask the Deputy Prime had a long discussion and in fact I Minister to clarify the intention of the have got here the report. We never Government in the case of a woman pointed out that this Article 17 was who after two years residence obtains meant to be temporary. citizenship and then divorces her husband-is she still entitled to that Sir, I would like to quote here how citizenship? There is no explanation we framed this Article 17: here. "Those not born here but are resident here up to the date of independence"- Sir, I would like to get a clarification on Gause 4, Article ISA. It says- this is a report of the Alliance memorandum to the Reid Commission; "Subject to Article 18, the Federal it never said anything temporary here. ' Government may, in such special circum­ stances as it thinks fit, cause any person "Those aliens who were not born in under the age of twenty.one years to be this country but have been resident here registered as a citizen ...... " before and up to the date of independence should also be eligible to become nationals " ...... in such special circum- provided that they are 18 years of age, stances ...... "-this has not been are of good character, take the oath defined. What are the special circum­ of allegiance and abjure allegiance to stances? That is a very tough question. any other country or nation, declare their intention to reside here perman­ Then I come to Clause 5-that is ently, having resided here for eight years on Article 17. This clause has already out of the twelve years immediately been debated by a lot of Members, preceding the date of the application, and having a simple knowledge of but I say, Sir, that the repeal of Malay"-this was for people under 45 Article 17 under this clause is another years of age to take simple Malay. """"""''- ipP,~* 41! **' M .... ·------"-r

- 4353 30 JANUARY 1962 4354 Now, Sir, if you repeal this, all the Enche' Too Joon Hing: I will now people will have to apply for citizen­ touch on Article 15 (2), which says: ship under Articles 19 or 20. T~. Sir, the examination of the National ''Subject to Article 18, the Federal language qualification is "adequate Government may cause any person under the age of 21 years ...... to be knowledge of the Malay language". registered." Sir, adequate and simple are quite different. When you say simple, it is In the Alliance memorandum, I going to be very simple; but when think we say that a child of any you say adequate, to what extent can particular person is entitled to you say adequate? I am at a loss and citizenship-is entitled, but here now I think a lot of the people will find we have changed it to "may cause". a lot of difficulties in this. Sir, "may cause" and "is entitled" are two different things. Article 15, Sir, again, under Clause 7 it says Section (2) says "Subject to Article 18, that Article 20 of the Constitution is any person under the age of twenty­ hereby repealed. I remember that this one years whose father is a citizen or, Article was meant for members of the if deceased"-it is amended here, and Forces to ,get citizenship, like the Home it says "a citizen at the time of his Guards, the Police Volunteers, the death upon application made to the Kinta Valley Home Guards or any of Federal Government by his parent or the forces in the Federation. At that guardian to be a citizen if the Federal time they were not citizens but if they Government is satisfied that he is had served a number of years in any ordinarily resident in the Federation." of the force, then they are entitled This one is already deleted, Sir, and to citizenship rights. Sir, nowadays we I think the new clause is the one cannot tell what is going to happen. substituted now. Then, under the old The tension of the world is such that one, a child is entitled to citizenship we cannot say what is going to rights. happen-one day Malaya may be drawn into war with another country. Mr. Speaker: I do not quite follow There is no possibility that such you. situation cannot happen. Therefore, Enche' Too Joon Hing: Sir, Article Sir, I suggest that this Article be left 15 (2)-the old one, I mean the in the Constitution because, although existing one, Sir ...... this Article seemed to be not of any use, I think when the time comes­ Mr. Speaker: What clause is it in the say war-and the Federation is looking Bill before the House? ,'(\ for manpower for the Forces, and some ~ aliens who want to join the Forees Enche' Too Joon Hing: Clause 3 but who do not want to do so because (2), Sir. It says: they say they get nothing out of it, it will encourage a lot of people to "Subject to Article 18, the Federal Government may cause anv person under join our Armed Forces in time of the age of twenty-one years, being the need. Therefore, Sir, I suggest that child of any citizen, to be registered as it should not be repealed if it does not a citizen upon · application made to the affect anybody. Why repeal it if it is Federal Government by his parent or of no purpose? guardian." Mr. Speaker: What is the point? Then, Sir, Clause 3, Article 15 (1) (ai) makes a basic change. I have Enche' Too Joon Hing: The point already spoken on this, Sir, and I is that the old one has been deleted­ shall not repeat. the existing one, Sir, has been deleted and substituted with this. There is a Mr. Speaker: You have already difference here. In the existing clause: spoken on that. ·Don't repeat. i.e. the old one, it says "a child is .r~·

4355 30 JANUARY 1962 4356 - entitled", but in the amending Bill fault of the child or children. Further, it says "may cause". I think, the deprivation of an individual's rights should be decided Mr. Speaker: Are you going to take on the merits of the individual and a long time? not on those of the parent: in other words just because of the parent having Enche' Too Joon ling: I think I been deprived of his right there is no will take at least another half an reason why the child or children should hour, Sir. also be deprived of theirs. Why should Mr. Speaker: The sitting is sus­ the children be deprived? What have pended till half-past eight tonight. they done? We have decided that on the day of its birth-on Merdeka Day Sitting suspended at 6.30 p.m. or after-a child would have this principle of jus soli; and if you take Sitting resumed at 8.30 p.m. away this provision and put in its place this amendment, then you are (Mr. Speaker in the Chair) taking away that right. Then we come to Article 26B. · I think the question THE CONSTITUTION (AMEND­ of depriving the citizenship of a person MENT) BILL should be left to a court of law, a judiciary body, to decide and not the Second Reading party Government. [)ebate resumed. Now, Sir, we come to Clause 13, Enche' Too Joon Hing: Mr. Speaker, which I think is very important. Sir, Sir, now I come to Clause 10. Clause with the addition of this phrase "and 10 (3) says that for the period of exercisable, subject to the provisions "seven years" there shall be substituted of any federal law and of the Second "five years". This, Sir, is another Schedule, by him or by the Cabinet change and the reason given is that or any Minister authorised by the one should not allow a person to be Cabinet" this Article gives to the away from Malaya for so long a Alliance Government all-mighty power. period; I think it has been mention~d I am sure that we all remember that that if he were away for so long he by the amendments made under the would be cut off from all personal ties amendment Act No. 10 of 1960 much with the Federation. But, Sir, though power had already been allocated to a man were to live away from the the Government-for instance, in Federation, he might have some other regard to the authority of the Election connections such as business interests Commission; so many of its duties had and all that. I do not think that is a been taken away-a matter which was good reason to reduce the period from brought up by the Honourable Member seven to five years. If it were a question for Dato Kramat. Then you have under of showing one's loyalty, one can be Article 122, the appointment of the loyal to the Federation even if a person Chief Justice and Judges of the were away for ten years; and if a Supreme Court-the power was taken man wants to be disloyal, he can be away under Act 10; Article 145, the .. disloyal even if he were away for only power to appoint an Attorney­ one year. General-this was also taken away from the Judicial and Legal Service Com­ Then, Sir, coming to Clause 11 mission and vested on the Prime concerning Article 26A and Article Minister. 26B. These are two new sections to Article 26 under which a child or Now, Sir, let us see what are the children of a person, who had been functions of His Majesty the Yang deprived of his citizenship, will also di-Pertuan Agong. Under Article 39, be deprived of citizenship through no we have a note from Sheridan which - 4357 30 JANUARY 1962 4358 I would like to refer to and which House, they will be seen that there is says: a lot of complications. As will be seen, even the powers of His Majesty the The functions of the Yang di­ Yang di-Pertuan Agong are not Pertuan Agong- secure-and I suggest that any matter Under Article 3 (2)-to represent the concerning the powers of His Majesty Rulers in any Federal religious acts, the Yang di-Pertuan Agong is an observances or ceremonies; important matter and should be given Under Article 3 (3)-to be Head of the due consideration by the people. His Muslim religion in Malacca and Majesty has endeared himself in the Penang under the Constitutions of those hearts of the people and I suggest that States; we should not fool around with Under Article 41-to be the Supreme Article 39. Commander of the armed forces of the Federation; and, again, under Article Then, Sir, coming to Clause 14 in 137; connection with Article 46 in regard Under Article 42-to grant pardons, to changing the membership of the reprieves and respites in respect of all House of Representatives from 100 offences which have been tried by to l 04 again. This has been touched court-martial; on at length by the Honourable Under Article 43-to appoint a Cabinet; Member for Dato Kramat and the Honourable Member for Ipoh, and I Under Article 45-to appoint 16 Senators; would not like to dwell on it except Under Article 55-to summon, prorogue to say that, on the question of or dissolve Parliament; delimitation and other matters con­ Under Article 60-to address either House nected with it, the Government has of Parliament or both Houses jointly; spent a lot of money on it; it has etc. spent time on it; and yet after all the Sir, there are so many functions that money spent-public funds-the Gov­ if I were to quote them, it will occupy ernment just did not accept the advice too much time and space, and some from the Election Commission. This of these might be going to the hands is merely wasting public funds and of the Government. Is not that taking time and energy spent by the Election away the powers of His Majesty the Commission. Yang di-Pertuan Agong? Now, Sir, in regard to Clauses 17 Sir, with this Clause 13, the Alliance and 19 concerning Article 76 and Government is trying to arrogate Article 110. These clauses are about further powers from His Majesty the mining leases. . I think this matter Yang di-Pertuan Agong; not being should be debated by the States them­ satisfied with having made themselves selves. the new aristocracy in this country, Then Clause 24 in respect of Clause they are now trying by this amendment 159: the new paragraph (bb) per­ to transfer the powers from His mitting admission of any State into Majesty the Yang di-Pertuan Agong. into the Federation by a simple The Honourable the Deputy Prime majority vote of the House is, I think, Minister, in the course of his speech, a very risky amendment. What if one has put it very nicely that this Clause of these days the MIC were to say, 13 is being amended to relieve His "We want India to come into the Majesty the Yang di-Pertuan Agong State?" from a number of administrative acts, AN HONOURABLE MEMBER: Very many of them being trivial-but I well. would say that many of them are also very important. It is not so simple as Enche' Too Joon Hing: That, Sir, is made out to be. If Honourable is by a simple majority vote and it Members will look into the matters is very dangerous. What, if the Com­ which I am now bringing before the munists were to say we want China to '··-·-~'.l!l> ~- ...

4359 30 JANUARY 1962 4360 come in? That is very risky. I think, ments and adverse opinions, we only Sir, this Article should not be see the Alliance forcing the pace of amended. the passage of this Bill with some modifications in the amendments and Then, Sir, we come to Clause 31 riding roughshod over the opinions of and the Thirteenth Schedule. Under the people with their mighty and Part I it is stated that "in some cases uncheckable majority in the House. I a rural constituency may contain as therefore charge and deplore the little as one half of the electors of undemocratic and hasty manner in any". Now, what are the "some cases"? which the Alliance Government adopts Under what circumstances are these in introducing this amendment. Their constituencies to be declared to have habitual and frequent rushing tactics one half of the voters of urban in matters of great and vital import­ constituencies? How do you decide. ance are highly improper and un­ This point has not been properly constitutional. clarified. Copies of this Bill were despatched Mr. Speaker, Sir, in opposing this to Honourable Members late in Decem­ Bill of further amendments to the ber last year. It gave us hardly time Constitution, I do not for one moment and sufficient opportunity to consider make any suggestion that there should the implications involved in these not be any change at all, because I amendments, and far less to the know that nothing in this world is desirability of the general public to perfect. If the Government wants to express their views on them. "Why amend the Constitution, it must and for what reason has the Alliance provide enough legal and valid grounds introduced these amendments in such for doing so. It must give good reasons a hasty manner", the public have been and the objectives for each and every asking; and the people want to know, amendment introduced, and the we all want to know and would like necessity for such amendment. It must to know very much. In the absence satisfy the people that the changes are of any satisfactory explanation, the not tampering with and encroaching public can only try and reach or draw on the national rights of the people the conclusion that such a method is and that they are not inconsistent to designed in order to evade the notice the intentions on which the framers and attention of the public and to drafted the Constitution. The Govern­ pull a fast one over the people, as ment must inform the people how the the local slang says. amendments will affect them and the intended implementation of the Sir, for all the eloquence with which national policy and issues. Last, but the Deputy Prime Minister delivered not the least, it must give people his speech yesterday, I regret to say sufficient time and opportunity to study that I fail to see in his speech any and express their views on the amend­ sound and logical reason which ments. Anything short of this, the warranted any amendments in the Government would have no excuse Constitution, except, I regret to say, whatsoever for any amendments to the that they are designed to pave the way Constitution. If it does so it will be for the domination of one race over failing in its sacred duty which the another not only in Malaya but in the people have entrusted to it. future Malaysia. Sir, this amendments Bill before the Mr. Speaker: I must warn you that House today has been hurriedly under the Standing Orders you have introduced and it has given the people to be very careful. It is out of order not much time and opportunity to to say anything that will give rise to study those very issues involved in the ill-feeling among one community amendment Bill. In spite of public against another. · You must be very protests expressing unfavourable com- careful in choosing your words. ·~·~-,-~~· - -~----~------~------~-- - ~-

4361 30 JANUARY 1962 4362 Enche' Too Joon Hing: Mr Speaker, (c) words which are likely to promote Sir, whenever issues and problems feelings of ill-will or hostility between different communities concerning the rights of the non-Malays in the Federation." are introduced in this House for debate and when the Opposition members The implication of the words "ill­ rightly or wrongly criticise them and will" is very wide, I must warn you. speak in defence of their legitimate I myself do not like it. rights, they are straightaway charged and accused of being communal in Enche' Too Joon Hing: Thank you. their outlook and attitude. Such Sir, such a situation is not very allegation was in fact labelled on us healthy for a country like ours, which during the course of the debate on will only eventually lead to ruin and the Supply Bill in this House. Further. disaster. For the sake of peace and if our speeches are communal in prosperity and the future of our nature, it is because the very issues children, let us search our conscience introduced by the Government in this and face realities. Don't let these House for debate are themselves amendments to the Constitution be a cause of germinating dissatisfaction heavily saturated with communal and create ill-feelings among the moisture. If we speak in defence of people, for lasting peace and prosperity our rights, can it be said that we are can only be found when we are all communal? Or is it the wish of the equal. Alliance that we should keep our mouths shut for ever? Mr. Speaker, It is with this that I urge the Sir, yesterday we heard the Honour­ Alliance, particularly the leaders among able Member from Dato Kramat them, to be honest to themselves. Mr. saying that the Alliance is creating Speaker, Sir, I would like at this stage racial problems by giving notices of to quote from the Colliers Encyclo­ these amendments. I can do no better paedia which refers to Great Britain than endorse my views on his remarks. and United States on the procedure We have heard in the past from of amendments to the Constitution. Alliance members themselves that It says- unless the non-Malays supported the "Generally speaking, Constitutions to­ Alliance, there would be bloodshed in day are regarded as proceeding from the this country, or if the PMIP comes people, as the supreme power in the to power the non-Malays would be community. Their adoption and amend­ finished. Such utterances were very ments are acts of great solemnity and every care is taken to put them be­ often heard from the Alliance mem­ yond the reach of the transient holder bers. During my election campaigns of power. in Sitiawan in 1959 and in Telok Anson in 1961, Alliance members had Even in Great Britain where the legal always threatened non-Malays that omnipotence of Parliament has firmly established a doctrine has been developed unless they gave their votes in support that no fundamental change should be of the Alliance, parangs would be their made in the Constitution until the people fate. arc consulted at the general election in which the proposed changes are at issue. Mr. Speaker: I must remind you In the United States, consultation of the that under S.O. 36 (10) you cannot voters on the occasion of a new State Constitution or the revision of any old use words which are likely to promote one is almost invariable, and Congress ill-will between the different commu­ does not propose amendments to the nities. I will read it for your benefit-- national Constitution until pressure from the electorates indicates a guarantee of "It shall be out of order to use­ subsequent ratification." (a) treasonable words; Mr. Speaker, Sir, then I would like (b) seditious words; to quote one more, that is from the '>\ t-~~~~

4363 30 JANUARY 1962 4364 book "Your Government". I have to protect the interests of the people. quoted it during the debate of the Apart from that, Sir, we have never motion for the postponement of the heard one good convincing reason. Bill in this House. Now. I would like There has not been a major catastrophe to quote what a good Constitution is or anything like that to warrant such and what democracy is: changes. We entirely agree and whole­ heartedly support any measure to "A good Constitution is of inesteemable value. It establishes the rules which protect .the interests of the citizens of public officials must follow. The people this country, but we must also protect know from day to day and from year the rights of the people who have lived to year what the Government may do long in this country but who for some and may not do and they can plan reasons have not been able to apply their affairs accordingly. If officials for citizenship either because they are violate the rules appropriate action too young or because the requirements against them can be taken. It protects are too stringent. Therefore, Sir, these us all from the tyranny of the majority. Democracy means that the people shall people, though they may not be rule themselves, but since complete citizens, are entitled to be citizens if agreement by all the people rarely occurs, they could, and it is our duty to rule by the majority is accepted. But the protect them also. But there are others majority must be restrained. It must who, though they could become recognise the right of the minority to citizens, did not wish to apply to hold different views and to express their become citizens; and we are not con­ opinion. Simply because some people are in majority, they must not be allowed to cerned about that. ride roughshod over the other people who do not agree with them on all points." The Government always says that it wants to protect the interests of the Sir, what I have quoted illustrates people. What they really mean is that how important is the Constitution and they want to protect the political rights how it could be changed. If it is not of the people but of themselves. changed, how will it affect the people. But more important than that, have Sir, I think I have dealt enough on they attempted to protect the economic this Bill and the amendments to this rights of the people of this country? Bill. Before I sit down, I would again Have they? Do we know how much ask the Alliance leaders, particularly of the wealth of this country is being the Prime Minister, not to pass this shifted away from this country? They Bill, but to wait for a more appropriate have not tried to do that. All they day. We are going to have merger want to do is to remain in power and with Singapore and Malaysia. If they protect all the rights they want. We are coming in this Federation, let them have been accused of this and that, have a change to know our Constitu­ but I hope they also would give their tion, let them have the opportunity attention to protecting the economic to express their views if the Alliance rights of the people. Government wishes to change, or This morning the amendment was amend the Constitution. Thank you rejected and there was a closure of very much. debate. We regret and deplore the Enche' V. Veerappen (Seberang high-handed action of the Government Seletan): Mr. Speaker, Sir, I really in not listening to our plea for time. wonder why the Government want to We deplore the manner in which the bring in these amendments. Actually, Deputy Prime Minister closed the I feel that they have jumped from the debate on the motion by the Member frying pan into the fire. The Deputy for lpoh. This action by the Govern­ Prime Minister said yesterday that the ment will definitely go down in history changes were required .to meet the as a shocking example of the practice needs of the people, and today we of parliamentary democracy in this have heard from the Prime Minister country. It is indeed a very bad set­ that these amendments are designed back, I should say.

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4365 30 JANUARY 1962 4366 Mr. Speaker, Sir, our quarrel in How can the people have faith when, this Bill is over the fundamental clauses as has been pointed out by so many and we are gravely concerned especially speakers, the Government has gone over the surreptitious way in which back on its own words? My own view the amendments are brought about. is that, Mr. Speaker, Sir, the Alliance Until recently, every one of our Bills cannot be trusted (Laughter). They used to state at the back the aims themselves know that the people have and objects. I do ·not know why that no confidence in them now. They has been changed to "Explanatory have become jittery and they have Statement". But definitely, Sir, you brought all these amendments to will agree that when we say aims and subvert the Constitution and under­ obJects, it has to be very precise and mine the safeguards provided in the definite; whereas this Explanatory Constitution to preserve themselves in Statement, especially in this case, power by hook or by crook. tends to hide more than it explains the real intentions of the Bill. I must Mr. Speaker, Sir, the history of say that the Government has tried to constitutional development is the modify some of the amendments that history of the struggle of the ra'ayat have been submitted. These amend­ to minimise and to restrict, the powers ments to the amendments to some of Rulers who were sometimes tyrants. extent minimise the hardships and In this case, the Government has given difficulties that the people would have us a Constitution with certain safe­ had. Nevertheless, these amendments guards. But what is it doing now? to the amendments show that Govern­ It is slowly trying to get more and ment has not taken the amendments more power from the Constitution seriously and has done it very secre­ given to the people. It is the opposite tively. The very fact, Mr. Speaker, process. Sir, that subsequent amendments were made goes to show that even the The Assistant Minister of Rural partners of the Alliance have not been Development (Tuan Haji Abdul trusted. It shows that there must be Khalid): Mr. Speaker, Sir, on a point something sinister than appears at first of clarification-if we are just so bad, sight. We are particularly perturbed, we could easily with our majority here Mr. Speaker, because these amend­ suspend elections. ments, as you would have noticed, have brought to the surface all those Enche' V. Veerappen: That would fears, those distrusts and misapprehen­ be very good, indeed. Sir, I can under­ sions. These should have been left to stand the resentment, and I hope the lie buried and rot away. But by this Government will disprove what I say. action of the Government all these That is what they and we are here for. things have been revived, just four Mr. Speaker: Please proceed. years since independence. At that time many persons praised our Constitu­ Enche' V. Veerappen: Mr. Speaker, tion; they said that this is a workable Sir, I say that the Government will Constitution on which a truly Malayan usurp more and more power and nation could be built through good­ thus undermine the safeguards and will, understanding and mutual trust. guarantees that it has itself granted to But, Mr. Speaker, before we could the people. If this process is allowed develop that understanding, before we to go on, the Constitution loses all could develop that mutual trust-­ respect, and the laws that are made before we could develop that good­ under it will at best be obeyed with will-and before we can truly become reluctance and disgust. one nation, one people, we have these amendments. Why are they brought Permit me, Sir, to quote once more in? What is the effect? Do not they from Finer's "Theory and Practice have the exact opposite effect from of Modern Government"-we have to what we want to create in this country? quote because on an important subject "Jllll'.' .. ~· ~-·~w

4367 30 JANUARY 1962 4368 such as this, we are no experts or such other things to perpetuate racial specialists, and our opinions might be differences even in politics. laughed at, but I hope Honourable Members here will at least respect Mr. Speaker, Sir, the principle of the opinions of authorities on this. jus soU has been dealt with very fully I quote: by my colleagues and other Honour­ able Members. I know that certain "The chief distinction between consti­ modifications have been made to those tutions from the standpoint of form is amendments, but these still do not in the amending process. Who has the remove the distrust in the Government. power to alter the constitution is master of the State, and the amending clause Sir, the difficulties of children born gives this power everywhere, except after this Bill has been passed will in England, and the difficulty is be immense. Today, Sir, if a ·child established to provide the advantages of produces a birth certificate, from that conservation of a set order of social we can know if he· will be a citizen relationships and to secure deliberateness or not. When he applies for his Identity in the hope that from this"- Card, or when he reaches the age to go to school, all that person needs please listen- to know-the teacher, the clerk, or "will is

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4369 30 JANUARY 1962 4370

to be put in properly? If you want Speaker, Sir, that the Reid Commis­ , to ascertain the status, all you will sion by a majority recommended that see is that it is either Tamil, Hindu, this should be a matter of right-of Teochew, Chinese, or sometimes right that people should be entitled to Indonesian Malays-I have seen all citizenship, those who were residents sorts. I think, Sir, if you were to go of this country on Merdeka Day if and see the Register of Births and they fulfilled all the conditions. It was Deaths, you will see all these. So, in a right, but Mr. Justice Abdul Hamid the first place if we want this, we wrote a rider saying that it was the must educate all our policemen in this intention of the Alliance themselves country to record particulars properly-­ to make that not a right but an the status of the parents. Even if the eligibility; and it is written in our Honourable the Deputy Prime Minister Constitution that "Persons who were agrees to do it, this will be an handicap resident on Merdeka Day would be that is placed on all our children, eligible on application to be made irrespective of who we are-we may citizens." It was a recommendation be Ministers of this country, but still which only Mr. Justice Abdul Hamid our children will have to face diffi­ accepted and which was written in, culties. I hope Honourable Members but which was not, I say, not accepted will realise that (Interruption). by the majority of the people who Sir, the trouble is that when we wish wrote our Constitution. I need not to emphasise a point, Honourable quote that. Members on the other side will interrupt unnecessarily. They are so However, Mr. Speaker, Sir, we do fond of disturbing. not think that it should be there . . . indefinitely. There should be a reason- The other thmg is m regard to the able period But what is a reasonable deletion of Article 17 which Ol}lY goes period? w~ have heard very often to . show and further emph_'.ls1ses the the Honourable the Deputy Prime po1!1t as to. how u~rehable the Minister saying "a transitional period Alliance promises are-this was shown of ten years" and then he amended by the Honourable Member for Ipo~. it saying within five years-the I hope ~onourable Members . will transitional period is gone. But, Sir, search t~eir ow~ hearts (Interruption). what is really a transitional period? There is nothmg for you to say, If a child was born in this country , "Ooh! Ah!" or w~at-not. Is it not a on Merdeka Day, how long would it ~rue fact cl~rly written ~o"'.n? There take that child to grow up and be !s no place ·~ the Constitution where eligible to apply for registration under 1t say~ that this was to be a temporary Article 17? If the child was a year old provision. on Merdeka Day, it would take the Sir, I submit that there are in one child 17 years before he would be whole chapter of about 18 Clauses eligible to apply. I am sure that there eleven pages or so, of temporary are thousands in this country who can provisions. We have also a temporary become citizens of this country, but provision in respect of special privileges just because they are not of age they for fifteen years; and that provision cannot do so. There are also others, is for Parliament to reconsider after , but at least we must be able to make 15 years. We further have a temporary provision for them, protect them, provision for the official languages; instead of taking this Article away. it is for Parliament after ten years !' Sir, I am glad, any way, that the to decide which will be the official , Government has agreed to a period language. But, Sir, we have no ' of grace, but let us make it a reason­ temporary provision for that. Please able period of grace, so that at least prove it if you have. If that is not all those who have not had the ··proved, then I submit, it was meant opportunity to become citizens would to be permanent. It will be seen, Mr. be able to do so. 4371 30 JANUARY 1962 4372 ' Mr. Speaker, Sir, it is often argued minorities must inevitably be answered that this is the same as Article 19, by inter-play of political forces within which is citizenship by naturalisation, each country containing minorities. Limitation of the franchise to communal but there is a vast difference between representations has however usually been the two. One is a matter of right and adopted as temporary expedients only for the other is a matter of discretion. the purpose of reconciling communal In this case, under Article 17, the feelings with democratic forms of Government cannot say "No" if a government, and it is in the forms of person fulfils all the conditions. But constituency delimitation and method of under naturalisation, the Government voting that long term solutions of communal problems are more likely to can say, "We have enough citizens in be found." this country, we do not want you", and nobody can do anything about I hope the Government will do it. it-that is the end of the matter. The present methods will not help and, in fact, these are provided for Mr. Speaker, Sir, I will deal with the minority representation and not to other Clauses during the Committee protect the interests of the majority, Stage, but I must definitely state our and I am really at a loss to know why repugnance and objection to the this is done. Thirteenth Schedule. By the way, Sir, just to digress a bit, I hope the Sir, another factor as to why we Government realises that by introdu­ disagree is that, if you look at the cing the Thirteenth Schedule it may Thirteenth Schedule, you will see that lose its power in the next election certain of the safeguards it wants is (Laughter). The number "13" has been for convenient opportunities, admini­ unlucky for many people (Laughter), strative districts, and so on. It is for and I wonder whether it will spell the those reasons that they have introduced doom of the Alliance, and that this it but, Sir, I submit, we have all those is the beginning of the end. considerations, which have to be taken regard of, in the relevant Article. I Mr. Speaker, Sir, the Thirteenth will read the relevant Article­ Schedule lays down the principle Article 116. In our Constitution it is under which constituencies may be already there, and I do not know why ·l divided, and the Honourable Member they want it. Article 116 (4) says- for Dato Kramat has dealt with it fully. However, I wish to point out here "Each State shall be divided into that it is a strange irony that whilst constituencies in such manner that each the principle of weightage is normally constituency contains a number of· given to minority communities, the electors as nearly equal to the electoral quota of the State as may be after Alliance is doing the opposite. Does making the allowance for the distribution the Alliance really feel that they of the different communities and for depend on the minority to keep it in differences in density of population and power? Mr. Speaker, Sir it is really the means of communication; but the a shame that they should take such allowance so made shall not increase or a retrograde step. If the Alliance does reduce the number of electors in any constituency to a number differing from not believe me, for the last time I shall the electoral quota by more than fifteen read an extract from this book called per cent." "Elections in Developing Countries". On page 117, under the chapter It says fifteen per cent; the only "Minorities and Election System" it difference is in the percentage. Here it is stated there: is fifteen per cent, either way it adds up to thirty per cent. There the "The various Systems by which percentage is fifty per cent in some Minorities are given protection for cases. By bringing such a thing you representation"-"The extent to which it proves necessary to adopt one or more have brought so much disrepute to of the various devices outlined in this the Government actually, as all the chapter to protect the interests of the protection is given there already. 4373 30 JANUARY 1962 4374 Mr. Speaker, Sir, my next point is that we suggest is possible. But, on Clause 26. Permit me, Sir, to say anyway, I never give up hope of how I marvel at the way that some of trying and I would like to appeal to our Ministers think, and how wonder­ the Government, in view of the fact fully well that the parliamentary that we have quoted here and there draftsmen have done their work also. to prove our case, I would plead with Now, Clause 26 amends the oath in the Government to condescend at least the First Schedule. The Deputy Prime to commit this Bill to a Select Com­ Minister dismissed this clause by just mittee. Of course, we can move that saying that allegiance must be to His amendment when we have completed Majesty the Yang di-Pertuan Agong the second reading of the Bill, but and not to the State. He gave no if it comes from the Government itself reasons at all for this fundamental it will really be good. We know that change. Sir, I say fundamental because the Socialist Front has submitted if you look at the Schedules you will amendments, the PMIP has submitted find that in Schedule One there is one amendments, and the Government has particular clause for citizenship. amended its amendments about three Schedule Six also contains a similar times. With all this confusion, don't clause. But all the other Schedules may you think, Sir, that it is better to send be amended without a two-thirds it to a Committee which will study majority, but Schedule One can only all these and we will have a good and ~ amended by a two-thirds majority. agreed one. I think that is a reasonable Then don't you agree that there must request to make and I hope that the be some special reason for it, that it Government would consider it. was to be amended by a two-thirds majority. Therefore, I submit it is My last point, Mr. Speaker, Sir, is fundamental, and if there is a change that this morning the Prime Minister in it, it is a fundamental change and more or less lumped every one of the we should know the reason for it. In critics of the Government and said the case of the other Schedules that we make friends with the enemies allegiance is to the Federation and we of the nation; that we want aliens ourselves, who are the elected repre­ from other countries to come into this sentatives of the people, when we take country. To do this, he said, that we our oath in this very place, we take must amend the Constitution and we our oath to the Federation of Malaya. would be the first to amend the Oath of allegiance of Members of the Constitution should we come into House of Representatives and Senators power. Well, I would not like to say and also Oath of Office and Alle­ that the Prime Minister has evil giance-we have got to take that under intention. But these are quite wild Schedule Six. But Schedule Six can charges, because nowhere in our be amended by a simple majority; amendment slip have we suggested Schedule One cannot be amended by anything to that effect-to monkey a simple majority though it is with the Constitution. We have not! identical-it is exactly the same. But Nowhere have we suggested such a our Government has thought fit to thing. As I have stated here clearly, amend Schedule One. They do not our business is with the people who want to amend Schedule Six-I do are resident in this country and who not know why. Maybe they forgot should be entitled to citizenship, but about it and would like to bring they are not citizens. We can say that another Constitution Amendment Bill the Government itself is collaborating later on. actively with non-Communists. They have given jobs to leaders of the Mr. Speaker, Sir, we here support Communist Pary. And how are we to the move by the Member for Telok know they are doing the job of Anson to ask the Government to arresting Communists? Anyone who withdraw the Bill, but we know is a Communist they arrest, but they that with this Government nothing say we are making friends with Com- ·.-·'e'·.;·J·t~·

4375 30 JANUARY 1962 4376 munists. Do you think that it is a Today. there are more than 1 million reasonable allegation to make honestly? Chinese on the register out· of a total They take care that no Communists electorate numbering less than 2! live in this country and how can we million. If the Honourable and make friends if there are no Com­ learned Member for Ipoh will weigh munists? (Interruption). Mr. Speaker, these figures against the fact that the Sir, we have come here to put our Chinese constitute only 37 per cent. points and to argue our points; they of the population, he will find that have a majority to do as they wish. the registered voters are roughly but it is so often that they do not proportionate to the whole population, want to argue and like a infuriated and yet he tells us that the MCA has wife they shower abuses on us for been "sold down the river". This is anything and everything. They say two a strange form of mathematics. How­ things about us: either we are disloyal ever, I suspect the Honourable and or we are Communist supporters or learned Member is at his own old Communists. These are the only things game of trying to sow the seeds of they know. I hope they will forget communal discord. those from today and will try to argue intelligently in this House. At least the Enche' D. R. Seenivasagam: Mr. world outside will judge you, if we Speaker, Sir, on a point of order­ in this House cannot judge you. Order 36 (6) says, "No member shall impute improper motives to any other The Minister of Justice (Tun Leong member". To suggest that one is Yew Koh): Mr. Speaker, Sir, in the sowing the seeds of communalism is course of yesterday's debate, the improper motive. Honourable and learned Member for Ipoh spoke at length about the Mr. Speaker: That part you must principle of jus soli. He declared in his withdraw-"sow the seeds of com­ usual extravagant language that munal discord." You are trying to today was a day of shame, that the impute improper motive. Constitution was being shaken in its Tun Leong Yew Koh: As a matter foundations, that this whole operation of fact, Sir, the Honourable Member was to sell itself out, that UMNO had has been going round the country deluded the MCA, that I had deluded telling the Malays about ...... the MCA. that a referendum should be held, and so on. It is, of course, Mr. Speaker: That is my order. quite proper for the Honourable and You should not impute improper learned gentleman to oppose, Sir, but motive in this House; it is laid down let him get his facts straight to begin in the Standing Orders. with. There was absolutely no so­ called "secret undertaking" given to Tun Leong Yew Koh: In effect, the MCA by the Prime Minister in he says my friends in the MCA and 1954. The Prime Minister was present MIC do not trust UMNO-"They are at the meeting referred to at the Hotel trying to do you dirt". In other words, Majestic and was the very first to he is accusing the Honourable and agree that those Malayan Chinese, who learned Prime Minister of deceit, were truly Malayans with a genuine which I find quite outrageous. The stake in this country, should be given Prime Minister, with the full backing citizenship. He pledged the support of of his party, was largely responsible his party to achieve this-the move for getting citizenship by registration was made to make citizenship a little into the Constitution. The need for easier to obtain by way of registration, citizenship by registration hardly a procedure which has no parallel in exists today. It has outlived its any other country in the world purpose. The Prime Minister has not (Applause). What was the result? At gone back on his words in any sense. the first election, there were only I say this as a founder member of 120,000 Chinese on the register. the MCA. The Prime Minister has 4377 30 JANUARY 1962 4378 kept his words and UMNO has And as to his talk about first class honoured its undertaking (Applause). rural citizens and second class urban I know no man in this world whose dwellers, this is far-fetched. Many words I would trust more than the various democratic countries have this Honourable and learned Prime weightage. We do not intend to Minister (Applause). So let us put a indulge in gerrymandering but if the stop to this nonsense. The Honourable Honourable Member for Dato' Kramat and learned Member for Ipoh and his has any fears, he can play safe by cronies on the opposite bench ...... going to live in the kampongs where he will find life there a little more Enche' D. R. Seenivasagam: On a relaxing (Laughter). point of order-Order 36 (4) says: "It shall be out of order to use In reply to the clownish and amusing offensive and insulting language about outburst of the Honourable Member members of the House." I submit, Sir, for Telok Anson, I am wondering that it has often been held that the whether he studied the amendment on word "cronies" is unparliamentary jus soli very carefully-he has been language and I ask the Chair to given a month to do that. He says request the Honourable Minister to that he was a member of the Alliance withdraw that word. Working Committee on the Constitu­ tion. Does he remember that he agreed Mr. Speaker: You must not use the solemnly to two exceptions to the word "cronies"; you can say principle of jus soli? One is, "A person "followers". is not a citizen by virtue of paragraph (b) of Clause (1) if, at the time of Tun Leong Yew Koh: So let us put his birth, his father, not being a a stop to this nonsense. The Honour­ citizen of the Federation, possesses able and learned Member for lpoh such immunity from suit and legal and his camp followers on the opposite process as is accorded to an envoy of a bench will have to be more subtle sovereign power accredited to the if they wish to split the Alliance Yang di-Pertuan Agong". Why did he Party. agree to this? It is because an envoy is not a permanent citizen in this Equally certain was that of the country; he owes allegiance to another Honourable and learned Member for power. He has no root in this country. Dato' Kramat when he asked whether That is why he agreed to that. Now, a man would remain married to a the second exception ...... woman of bad character. He seems to be very innocent indeed, but perhaps Enche' Too Joon Hing: On a point he does not know the facts of life of clarification, Sir, if the Honourable (Laughter). It is by no means un­ Minister will give way. known for men to go to Hong Kong and marry a prostitute, bring her Tun Leong Yew Koh: No. back as a wife and then live on her (Laughter). The second exception is immoral earnings. in the case of a birth occurring in a place under occupation by the enemy, The Honourable Member's solici­ and his father is an enemy alien. tude for little children is also touching, Why?-because for the simple reason but he appears to have overlooked the that he has no root in this country; fact that the deprivation of citizenship his home is in another country. Now, is permissive and not compulsory. what is the amendment we are intro­ There are adequate safeguards in the ducing? The amendment we are Constitution and I think the Alliance introducing is this: "His father is Party's record is a guarantee that neither a citizen of the Federation nor justice will be more than tempered by a person who, having entered the mercy. Federation, has lawful permission to 4379 30 JANUARY 1962 4380 reside here permanently." Is it not the deprived a million Chinese of their same reason made for birds of passage, birthright, the UMNO today through as they were called? For a person who this Bill, with another stroke of the has no root in this country and who pen, would deprive further millions of owes allegiance to another country, Chinese from their rights of jus soli. why should his children be made citizens of this country? (Applause) Mr. Speaker, Sir, I do not belong to (That is all there is in the amendment the legal profession, and I am not (Applause). trained to make emotional speeches. I am only a humble member of a Sitting suspended at 9.45 p.m. noble profession-the medical profes­ sion (Laughter), which is interested in facts and not fiction. Therefore, what Sitting resumed at JO.JO p.m. are the facts? How does this Bill affect (Mr. Deputy Speaker in the Chair) the rights of the people? Let us take Clause 2 of the Bill. Clause 2 deals Debate resumed. with the amendment of Article 14 of the Constitution - citizenship by Dr. Lim Swee Aun (Larut Selatan): operation of law. Perhaps the most Mr. Speaker, Sir, I am indeed very controversial part of the whole Bill is happy to concede a point to the to be found in sub-section (4) of Honourable Member for Ipoh, when Clause 2, which amends Clause (2) he said that members of the legal of Article 14 of the Constitution, profession are in a better position to which deals with the conferment of understand the law than the ordinary citizenship by operation of law to men. Every day in the courts learned children born in the Federation after members of the legal profession, parti­ Merdeka Day-that is the right of cularly those who have kissed the jus soli. It has been the declared inten­ Blarney stone, make impassioned tion of the Government that the one speeches on behalf of their clients even and only object behind this particular though they fully know that the facts amendment is to exclude the children are against them. The ordinary laymen, born of parents who are generally who listen to these speeches. are termed "birds of passage" from the convinced that whatever the lawyer rights of citizenship by birth. Although has said is perfectly true. However, the intention is as simple as that, the not so the learned judge, whose duty House has had sufficient proof in the it is to interpret the law in the light several amendments that have been of facts and not emotion~ and it is tabled to this clause that it is indeed often that impassioned speeches are a very difficult task even for the legal torn to shreds when the judge gives profession to draft an amendment his judgment. The learned Honourable that was not too wide in its powers Member from Dato' Kramat took and would not exclude children, who several hours to play on the fears of did not belong to this category, from the people. His theme was the death the right of citizenship by operation of democracy through democracy. of law. The Malayan Chinese Associa­ The greater part of his speech conjured tion is indeed very grateful to the up premonitions and fears of the Government for its patience and its Internal Security Act. He gave one the understanding of the problems involv­ impression that the adoption of this ed by the original text of sub-section Constitution (Amendment) Bill would 4 (c) of Clause 2 of the Bill. We are, result in the loss of freedom of speech indeed, very happy that the Govern­ and ultimate detention in the cold ment has seen fit to amend this part prison cell. The learned Member of the Bill to read "neither of his from I poh chose as his theme the parents was a citizen of the Federation faithlessness of the UMNO. He tried and neither of them was a permanent to sell us the idea that, because the resident therein." In other words, this British with a stroke of the pen means that in future after this part of ------~------

4381 30 JANUARY 1962 4382 the Bill has come into force a child birth certificate. The identity card will born in the Federation will not be a be accepted as sufficient proof-blue citizen by operation of law if both his cards for citizens, red cards for parents are not permanent residents of permanent residents, green cards for the Federation. It means that if one of temporary residents. This procedure the parents, whether it be the father will remove a tremendous amount of or the mother is a permanent resident hardship from the child when he or is a citizen, then that child is a reaches the age of 12 years, at which citizen by operation of law. Who is a age he has to apply for an identity 'permanent resident' is also defined in card and then he would have to prove the amendment to the Bill, and his citizenship by operation of law. Government has accepted the inter­ Critics of the Government have pretation that anyone who holds a red claimed that this amendment to Article identity card has sufficient proof of 14 of the Constitution has taken away being a permanent resident. This is the right of jus soli. This is a sweeping provided in the National Registration statement. From the point of the Act of 1959 which states- idealist, it is true that the right of jus soU has been modified, but from "The red identity cards are issued only the point of view of the interest of the to permanent residents who are not citizens of the Federation, whilst nation, the rights of jus soli have been temporary residents are issued with green preserved-that is, citizenship by birth identity cards." is fully preserved for all citizens and permanent residents of the Federation, Therefore, in terms of identity cards, the people who are truly Malayan and then it means that in future a child who have a lawful claim to be in born in the Federation will not be Malaya (Applause). In point of fact, a citizen by operation of law if both only a few children, the children of his parents hold green identity cards, birds of passage, will be affected by or if both parents do not hold any this new amendment. I am indeed very identity cards at all. Although we have surprised that the Honourable Member dispelled a lot of misunderstanding. for Dato' Kramat quoted in support of confusion and misgivings as to what his claim that citizenship by birth will extent this new amendment will have not be conferred on the child in the effect on the rights of individuals, we case of the Indonesian who comes to still are saddled with a new problem Malaya, marries a citizen, but leaves and that is the mechanics of how to Malaya for Indonesia before this child exclude children born of both parents is born. The child of such a marriage who are temporary residents from these will be a citizen by birth even though rights of citizenship by operation of the father is an alien, because the law. It is inevitable that in future all mother is herself a citizen and this children born in the Federation must is to be found in the Government at one time or another have to prove amendment to the Bill. their right of citizenship by birth. Under the existing law all that the The Honourable and learned Mem­ child has to do is to produce its birth ber for Dato' Kramat, in his verbosity, certificate and as long as the date of has tried to confuse not only this birth is after Merdeka Day, that is House but has also injected fear into sufficient proof of citizenship by opera­ the minds of the people by arguing tion of law. However, in future the on false premises. status of the parents-whether they are citizens or permanent residents-will Although the PMIP supports this be called into question. We are indeed Bill the Honourable Member for happy that the Government has under­ Bachok of the PMIP has given notice taken to amend the law under the of an amendment to the Government registration of birth, so that at the time amendment Clause 2 (4) (c) of the Bill; of birth of a child the status of the the PMIP proposes to retain the parents will be included in the child's original text of the Bill. May I refer 'c

4383 30 JANUARY 1962 4384 Honourable Members of the PMIP Coming to Clause 3 of the Bill, bench to the Second Schedule of the sub-section (1), paragraph (2)­ Constitution, paragraph 17, which Citizenship by registration of children reads: of citizens. I have on several occasions in this House appealed to Government "In relation to a person who is to consider the case of a child born in illegitimate, Article 14 and 15 shall have the Federation whose father was an effect as if for references to his father there were substituted references to alien but whose mother, though born his mother and as if section 19 of this in this country, had become a citizen Schedule were omitted;" by registration under Article 17 of the Constitution, because she could not Here it is clear that an illegitimate produce her birth certificate, although child can claim to be a citizen by in point of fact such a child is a birth if the mother is herself a citizen. citizen by operation of law because the Going back to the case cited by the mother is also born here, but because learned Member for Dato' Kramat, under the existing Article 15 (2) he the Indonesian gentleman, who chose can only be registered as a citizen if to come to Malaya, need not marry a his father is a citizen. Unjustified citizen because his illegitimate child hardship in this type of cases is, there­ can still become a citizen by operation fore, caused. I am therefore glad that of law under Article 14 (2) because Government, in aause 3 of this Bill, of the provisions in paragraph 14 of has amended Article 15 (2) of the the Second Schedule. By restoring the Constitution to allow a child of any original text of Clause 2 (4) (c) of the citizen, i.e. if the father or the mother Bill, the PMIP is therefore encouraging is a citizen, to be registered as a more illegitimate children to be born citizen. The Opposition has been (Laughter), because under the terms particularly silent on this relaxation of their amendments such children of citizenship laws. cannot become citizens by operation We move now to Clause 5 of the of law other than by being illegitimate. Bill which repeals Article 17-Citizen­ I am, therefore, shocked that so ship by registration. There has been religious a party as the PMIP, instead considerable criticism of the repeal of of discouraging illegitmacy, is, in fact, Article 17 of the Constitution on the encouraging it. ground that hardship would result to The Honourable Member for lpoh many people. Let us examine how far this hardship will be. First of all, we has claimed that the principle of jus must be very clear in our minds that soli has been destroyed as the Bill only persons who were resident in requires the status of the parents to be Malaya on Merdeka Day are eligible defined before a child can claim that to become citizens by registration right. Sir, under the laws of our under Article 17. Those who came to country, a child can be a citizen by the Federation after Merdeka Day operation of law if he is born in this would not qualify for citizenship under country and one of his parents is born Article 17, but they can apply for in this country. But Article 14 (2) of naturalisation under Article 19. the Constitution states that if the child Therefore, if Article 17 is not repealed is born in this country after Merdeka by August, 1965-eight years after Day, even though his parents are not Merdeka Day - every non-citizen born in Malaya, as long as they are who came to Malaya before that date permanently resident, one of them is and was· here on Merdeka Day would a permanent resident, then that child have the necessary residential qualifica­ is a citizen by operation of law. There­ tion to apply under Article 17. The fore the element of birth after Merdeka hardship caused by repealing this Day is still required-therefore the Article would be to take away the principle of citizenship by birth is still right of eligibility to citizenship by in force. registration from aliens who came to

~~~~~~~~~~~~~~~~~~~~--~~-~- 4385 30 JANUARY 1962 4386 Malaya after 1954 but was here on Sir, the second group of persons Merdeka Day. Due to the strict with red Identity Cards who will be immigration laws then in force in this affected are those who came to Malaya country, I would suggest that under before 1954. This is a diminishing this type of hardship only a small group, but those of us who live in number of people will be affected. urban areas should have had all the opportunities to apply for citizenship However, Mr. Speaker, Sir, they under this Article. The majority of can still become citizens by naturalisa­ the second group of persons with red tion under Article 19. Who are the Identity Cards, who have a legitimate persons then who will be chiefly complaint of hardship because of the affected by the repeal of Article 17? repeal of Article 17, however, are They are the people who hold red those who live in isolated areas, in Identity Cards and they can be divided remote villages, particularly along the into two groups (1) those who were coast. These non-Malay communities born in the Federation before Merdeka usually of the fishermen type have Day, but are unable to produce their virtually no contact with the Malays and, therefore, the national languagfe birth certificates; and (2) those who is not important to them in earning came to Malaya before 1954. It is their livelihood. Their women folks often forgotten that those persons, who speak no other dialect than their were born in the Federation before mother tongue. Even if these people Merdeka Day, can also become want to learn Malay, there are no citizens by registration under Article teachers available or who are prepared 16, provided that they can prove that to go to the remote villages to teach they were born in this country. Such them. I know of many such cases of citizenship by registration cannot be persons who have applied for citizen­ deprived. It is when they cannot pro­ ship under Article 17 but have failed duce the relevant birth certificates, or to pass the elementary Malay test. when there are differences in the birth The Malayan Chinese Association is certificates and the identity cards in indeed happy that the Government has respect of the spelling of names, then undertaken, under the adult education Article 17 becomes a convenient programme, to set up classes in their method of escape-then they can villages to teach them the national become citizens by registration under language. The Malayan Chinese Article 17, but at a tremendous Association is indeed very happy that sacrifice, that is citizenship of this it has convinced the Government of type can be revoked. To this group of these hardships and is grateful that persons, therefore, the best course for Government is sympathetic and will them to take is to try and find their not bring into force the repeal of birth certificates. If they fail to find Article 17 of the Constitution until their birth certificates then they should after a period of grace of one year, in apply for late registration of their order to give sufficient time to those births. If there are differences in the eligible to make a last effort to become birth certificates and Identity Cards, ctitzens. If they do not take this final opportunity to become citizens, then they should apply for correction. This they should not blame the MCA. We may take a long time, but the effort is in the MCA have always offered and worthwhile, because they can apply will continue to offer free services to for citizenship under Article 16 help all persons eligible to apply for which citizenship cannot be taken from citizenship under this Article them. If, however, this group of (Applause). After the period of grace persons are under 21 years of age all holders of red Identity Cards will and either their father or mother is a have to apply for citizenship by citizen, then they still can become naturalisation under Article 19, except citizens by registration under Article those who were born in the Federation 15 (2). before Merdeka Day as Article 16 is 4387 30 JANUARY 1962 4388 ~ still open to them. The difference Commission of three impartial persons between citizenship by registration be given the power to delimit the under Article 17 and citizenship by constituencies, so that in a multi-racial naturalisation under Article 19 is in the community such as ours all the residential and language qualifica­ aspirations of the different races are tions. given equal opportunity of being fairly represented in Parliament. The Elec­ The Malayan Chinese Association tion Commission, therefore, takes the has sought clarification on the language place of a referee. Once the country qualification, and I am happy to state is fully independent with a fully that the Government's view is that elected House of Representatives and adequate knowledge of the Malay sufficient time has lapsed for the language required for naturalisation several racial groups, as far as possible, does not mean that the applicant must to form a single community, there is know how to read and write the no further need for such a referee. The Malay language. This should remove power to delimit constituencies should all the fears from the people that they then be transferred to Parliament, will not be able to meet language which is the reflection of the wishes qualification for naturalisation. of the people.· The question is-Has sufficient time lapsed to justify this Sir, the next important change deals transfer of power from a referee to with the delimitation of constituencies. a House of 104 Members? As I have Clause 20 of the Bill-the effect of pointed out, the Election Commission paragraph (b), which reads, "by sub­ can only start to recommend any stituting for the words 'Articles 116 changes to the boundaries of the and 117' in Clause (2) the words existing 104 constituencies in 1966; 'Article 171' " is to retain the status and it is likely that, at the earliest, quo of all the 104 constituencies from Parliament will only be able which the Members of this House were to exercise its power to delimit returned in 1959. This means that the constituencies in 1967, ten years after 1964 Federal Election will be fought Merdeka. I submit, Sir, that by that in the same 104 constituencies within time Parliament should have had a the same boundaries as those in 1959. truly Malayan outlook and the several The other effect of this amendment to racial groups should have to a great Article 113 of the Constitution is that extent become a Malayan community. the boundaries of these 104 consti­ If we look at our new Identity Cards, tuencies can only be altered if there we will see that all true Malayans are is any need for it eight years from "Warga Negara" and no longer 1958, that is in 1966. Therefore, other Malay, Chinese or Indian. By 1967, than retaining the status quo, the effects I submit, the sharpness of racial of all the other Clauses of this Bill differences and interests will be dealing with delimitation of consti­ reasonably blunted to the extent th~t tuencies will not be felt until the third there is no longer need for a referee Federal Election in 1969, seven years to delimit our constituencies; but we from today, or twelve years after can trust the Parliament of 1967 to Merdeka. deal fairly with this question. Now, Sir, what are the basic changes The second major change is in the affecting the delimitation of con­ principle and method of the delimita­ stituencies? They are, broadly: (1) the tion of constituencies. In 1954 it was transfer of power of the delimitation realised that the Election Commission of constituencies from the Election must be patently impartial. It, there­ Commission to Parliament; and (2) the fore, consisted of three impartial principles and methods relating to the persons with the Right Honourable delimitation of constituencies. Before Lord Merthyr from the United a country is independent, it is desirable Kingdom as Chairman. They worked that a patently impartial Election on certain principles which would give -· .,..,,.,....--~------·----~ -----~-~---...... ------"·--

4389 30 JANUARY 1962 4390

the fairest representations to the 11 ideal of parity by using the words States and Settlements in the Federa­ "the number of electors within each tion. In 1958 the Election Commission constituency ought to be approxi­ dividend each of these 52 constituencies mately equal". The next question is into two, thus giving us 104 constitu­ how far "approximately equal" can encies from which we were elected in be stretched. The amendment to 1959. The existing boundaries of our paragraph 2 (c) of Part I of the 104 constituencies can, therefore, be Thirteenth Schedule states, "to the said to be the result of the work of extent that in some cases (I repeat in a patently impartial Election Com­ some cases only) a rural constituency mission with a Chairman from outside may contain as little as one half of the Malaya. electors of any urban constituency;". Is this justifiable? Even in the United Sir, the effect of Part I of the Kingdom. where the principle of Thirteenth Schedule of this Bill is no parity of constituencies is in force, more and no less than the retention of today there are still some constituencies the same principles in delimiting which contain as little as one-half constituencies as those used by the the number of electors as in others. patently impartial Election Commission At one time in the United Kingdom of 1954. It is accepted that the prin­ the difference was as great as one to ciple should be that every constituency eight. There have been fears expressed should have the same number of in this House and outside that a electors, and that principle is re­ .f!OVemment in power can manipulate enunciated in paragraph 2 (c) of Part the delimitation of constituencies, so I of the Schedule where it says "the that there will be two rural constitu­ number of electors within each encies to every one urban constituencv. constituency ought to be approximately and they claim, following on that equal". Part I of the Thirteenth theory, that one rural vote then Schedule, therefore, re-emphasises the becomes equal to two urban votes. ideal of equality in the number of Let us examine the facts and let us •.. electors in the constituencies. The not be led astray by emotional principle of parity has not been speeches. abandoned as alleged by some Mem­ bers of the Opposition: It is still there. First let us try and clear our mind It says "equal". Although we retain and define what an urban constituency the ideal of parity in the constituencies, is. If by "urban constituency" we one must be practical. Is it possible to mean a constituency that is wholly mark out 104 constituencies without within the town limits, then in both crossing State boundaries and yet have the 1958 and the 1960 Election Com­ an equal number of electors in each missions there will onlv be three such constituency? Both the Election urban constituencies. But let us for Commissions of 1954 and 1960 said purposes of argument define an urban very clearly that this cannot be done. constituencv as one where the greater because it would mean the shifting of majority of the electors are within the State boundaries. If the Federation of town limits. Then if we examine the Malaya was one State and not a reports of the 1958 and the 1960 Federation of 1 1 States and Settlements, Election Commissions we can only then it is possible to have an equal find 18 such urban constituencies. number of electors in all the con­ Therefore, in the case of these Election stituencies. For practical purposes, no Commissions, the proportion was 1 Election Commission is able to mark urban constituency to 5. 77 rural the boundaries of constituencies so constituencies according to the 1958 that the number of electors will be Election Commission, and in the 100 the same in all the constituencies. It constituencies proposed by the Election is in the light of these difficulties that Commission of 1960, the proportion the Government, a practical and not is 1: 5.5. Applying the arguments of a theoretical one, had qualified the the Opposition that when there are "''

4391 30 JANUARY 1962 4392 two rural constituencies to every one very vocal . Opposition such as ours, urban constituency, then one rural vote is it probable that they will allow a is equal to two urban votes, then. under government to manipulate the boun­ the terms of the 1958 and 1960 daries of constituencies without Election Commissions, because there bringing it to the notice of the is an average of 5.6 rural to every one electorate? Is it possible that local urban constituency, then one rural enquiries will not be held? Is it also vote is equal to 5.6 rural votes today. possible that the Government will not Is that true? The 104 constitnencies listen to the warnings and wishes of an marked out in 1958 were based on the electorate which has the power of principles used by Lord Merthyr's voting it out of office? Should the Election Commission of 1954 and in Election Commission recommend any that one of the principles was- changes to the boundaries of the constituencies, this must be approved "It would not be unreasonable if in by Parliament only after the electorate some instances a rural constituency con­ It tained as little as one half of the has had its say. is worth noting inhabitants in the more populous urban that in the United Kingdom only a constituency return single members." single majority is required to approve such an order whereas here we shall That principle was used by the 1954 require the votes of not less than half Election Commission. The 1960 of the total number of members of Election Commission marked out the the House and not just a simple l 00 constituencies based on the majority. As a humble member of principles laid out in Article 116 of the medical profession, I fully endorse the Constitution. Yet in both these the words of wisdom that the Honour­ case there are five rural to one urban able Member for Dato Kramat said­ constituency. Does it follow that in that frustrated men must be given the both cases one rural vote is equal to opportunity to let off hot air. The five urban votes? If it does, is it not safety valve in the United Kingdom better to accept the new principle in is to be found in Hyde Park. Part I of the Thirteenth Schedule of Apparently, Sir, in Malaya some the Bill, because although they contain Members of the Opposition seem to the same principle as the 1954 Election think that this House is Hyde Park Commission, the Opposition claims (Laughter). To quote the editorial of that the Government can only the Straits Times of 30th January, it manipulate two rural to one urban says- constituency. In spite of the so-called "There is no sell out, no everlasting rural weightage we shall then have one shame, no vestige of truth in the charge rural vote equal to two urban votes, that the principle of jus soli is to be so which is certainly much better than modified as to make the principle itself one rural vote equal to five urban a farce. No amount of dramatics, votes. It is clear in Part II of the twisting of words or misrepresentation of Thirteenth Schedule that notice of any intentions can alter that." recommendations for any change in the Thank you (Applause). boundaries of the constituencies by the Election Commission must be published Enche' S. P. Seenivasagam (Meng­ in at least one newpaper circulating lembu): Mr. Speaker, Sir, I am just in the constituency and a copy of the getting over the feeling of nausea that recommendations is open to public filled me while I was listening to the inspection. Upon representation made Honourable Member for Larut Selatan. by one hundred or more registered He tried to prove that there was no electors of the constituency, it is sell-out when, in fact, there is a sell­ mandatory that the Election Com­ out. I do not know whether in his mission hold a local enquiry to hear course of studies for the "noble" the complaints. Not one but two such medical profession there was included local enquiries are permissible under a course on logic. But if there was. this new Thirteenth Schedule. With a then the textbook must have been a - ~-··------.---·-- ,__ ------· - ~-- ...... ----~----~·-- ______

4393 30 JANUARY 1962 4394 very peculiar one indeed, because I which was realised after considerable feel that at the end of his speech he deliberation between the UMNO, the has not convinced anybody in this MCA and the Reid Commission which House. He has succeeded in confusing came to this country to act impartially. himself, and he has convinced no­ Following on those deliberations, the body. Constitution was finally sealed, and the important thing is that that was The fact remains that what is the Constitution which induced the happening in this House today, what British to hand over independence to has happened yesterday, the words this country. If at that time the which we have heard from the Govern­ UMNO had given any indication that ment side, all these things indicate one the concessions regarding citizenship thing, and that is that it is a prelude were only of a temporary nature, that to the rape of the Constitution of the the principle of jus soli was to be Federation of Malaya-a crime to be buried within four years, then the committed by the UMNO aided and . question arises: Would there have abetted by the MCA and MIC. No been mutual agreement on this amount of eloquence, twisting or Cons ti tu ti on? turning of words can get away from that fact. I have heard people say that the principle of jus soli is still being I stand here today privileged to preserved today. Do they understand represent a constituency in this the meaning of jus soli? (Interruption). country. I do not stand here today Do they understand the meaning of as a lackey of the UMNO, owing my jus soli? For those ignorant people­ presence in this House to the mercy such as the Member who has just of UMNO as the Minister of Justice, interrupted me-I would say that jus who represents nobody except those soli is a right to citizenship by virtue who nominated him. I, however, con­ of birth in that land. It means that if gratulate him for being loyal to those a man is born in Malaya, he is a who have given him the chance to be citizen of this country. If a man is in this House. Mr. Speaker, Sir, for born in England, he is a citizen of my part I believe that it is the duty that country. That is what it means-· of every man to speak according to "by virtue of birth"-and that is what his conscience, and I am proud to was granted by the Constitution as be able today to oppose the proposed agreed originally. According to Article amendments which are tabled here. 14 (b) "Every person born within the I oppose them because it is my firm Federation on or after Merdeka Day" belief that rather than be a traitor to becomes a citizen by operation of my own people, it would be better to law-that was jus soli. And how was drop dead; and that is a thought which that arrived at? Those Members of I commend to Honourable Members this House who were interested in from the MCA and the MIC. politics at the time this Constitution was drawn up will remember that Mr. Speaker, Sir, in all this debate originally the demand was that all one important thought, one important persons born in the Federation, whether consideration has been absent, and before or after Merdeka Day, should that is, what is the purpose of a be citizens. That would have been 100 Constitution? The purpose of a Consti­ per cent. jus soli. However. the tution is to put in black and white UMNO was not prepared to concede the rights which are guaranteed to the that and therefore there was a com­ citizens of that State. A Constitution promise-those born before Merdeka is initially drawn up by consultation Day apply for citizenship; those born and finally sealed with the approval of after Merdeka Day become citizens the people and the parties thereto. by operation of law. That was the final The Constitution of the Federation of compromise arrived at; that was the Malaya was a joint effort, an· effort word of honour given to the people 4395 30 JANUARY 1962 4396 - of this country. And now, where is about it the other way round: "We that honour gone to? That, Mr. are trying to prevent as many other Speaker, Sir, was a condition precedent people as possible who would other­ to the co-operation of the various races wise be entitled to become citizens; in this country; that was the basis of we will prevent them from becoming co-operation and goodwill between the citizens. Only where we are forced to races of this country. And what is allow them to become citizens, then happening in the House today? You we will allow them to become citizens." are seeking to withdraw the basis of Now, let us first take the case of co-operation and you still expect peace Article 17 which was repealed. Mem­ and harmony in this country. Of bers have the audacity to try to course, you will have peace and mislead this House by standing up harmony of some sort, because you and saying that as it is no longer have got the Police, you have got the necessary, we better repeal it. At the military and you have got the weapons same time the Government contradicts to maintain peace and order. But is itself. It says: "Oh, it is really not so it a voluntary peace in this country? unnecessary; after all it is really That is the important thing and I ask necessary, so we will let it go on for you to contemplate on that (Interrup­ another one year." What kind of tion). What are you talking about? argument is that? First, you say it is Open your mouth if you want to talk. not necessary and we must repeal it; Mr. Speaker, Sir, I appeal to you then you say, "No, no. It is really to maintain the dignity of this House. necessary, therefore we will let it go on for another year." You destroy Mr. Speaker: Please proceed! your own argument. Enche' S. P. Seenivasagam: Mr. Now, Mr. Speaker, Sir, to the Speaker, Sir, as I have said earlier ...... argument that the principle of jus soli (Interruption). Who is that stupid? is maintained, I would say this: that Mr. Speaker, Sir, I insist that unless the principle of jus soli no longer I am protected, I am going to retort exists in this country by virtue of the to Members individually. present amendment. As has been said Mr. Speaker: Honourable Members before, jus soli means that you become must not interrupt while an Honour­ a citizen by virtue of your birth in that able Member is talking. Please country. But what has happened now? proceed! You become a citizen not because you are born in this country-that is only Enche' S. P. Seenivasagam: It has incidental; you become a citizen been said to us, Mr. Speaker, Sir, that because your father is a citizen or these amendments are necessary, that your mother is a citizen-not merely careful thoughts were given to them, by virtue of your birth in this country. and that it was only after mature con­ Therefore, it is the status of the father sideration and in the interests of this or the mother that determines citizen­ country that they have been submitted ship of the child, not the land in which to this House. But I would submit that he was born. upon reading these amendments as a whole, it would appear that there is Mr. Speaker, Sir, it is, perhaps, a only one motive, and that motive is blessing in disguise that the Govern­ apparent, namely, to restrict the ment on second thoughts has decided number of persons who can become to bring in this amendment for debate citizens of this country. I say that at this juncture, when the question of that is a wrong motive. The motive~­ Malaysia is being considered, because and the principle that should guide from what we have heard in this the Government-should be that every House, it is quite clear that whatever person who is entitled to become a the Government says this year-the citizen shall become a citizen of the views expressed by the Government country, but the Government goes this year-may not be the views of the ~ - 4397 30 JANUARY 1962 4398 same Government the next year. I thing must not be forgotten and that say so because, as you may remember, is that state of affairs was expressly the Honourable Prime Minister has rejected by the Constitution. It was said, "Oh! Yes. You have quoted not to continue after a certain number what I said in 1954, but you have not of years. Why then now, when it is quoted what I said subsequent to about time to implement that change, 1954." What then are we going to you say, "Oh! No! We go back to rely on-on what the Government said the old system: we give weightage in 1954 or what the Government said to certain areas", which, I say, in in 1955, 1956 or 1957?-And this is practice will result in one rural vote at the juncture when we are inviting being equal to two urban votes. That the people of Singapore to come into is what it comes to, and however much the Federation on certain promises you may try to turn or twist, that is made in 1952. Surely, the people of the sum and substance of the whole Singapore are going to contemplate thing. If at that time when this as to what is going to be said in Constitution was drawn up, those 1963, or 1964, or 1965 and what is concerned felt that owing to the going to happen to their autonomy in peculiar problems existing in this labour. Perhaps, on second thoughts, country, owing to the multi-racial the Government will sav. "Now after composition of this country, it was two years we think it ·is not in the desirable that so important a matter national interests that Singapore will as elections should be entrusted to an have autonomy in labour. Amend the absolutely impartial body like the Constitution by two-third majority." Election Commission, why then now That is the attitude of this Govern­ do you think you should come back ment, and yet today Singapore and ~o this Parliament? What was the other Borneo territories are asked to reason in the first instance to have trust it and join this country. It is an Election Commission? Was it not very true that under the Constitution to allay the fears which may have all that the Government requires is a existed in one community? Surely that two-third majority and, as I pointed must be the one and only reason. It out this morning, it is le,gal and it is was, in fact, said, "Don't worry. constitutional. But is the Alliance Elections will be in the hands of an Government bankrupt of political independent body. We may have a morals? Has it no sense of honour and majority in Parliament but we cannot does it not intend to honour the pro­ bully you, we cannot be unfair to you mise it made to the people of this and we will leave matters in the hands country when it secured their co­ of an independent body." Surety that operation? Are you so blatantly. was the only one reason why laws unashamedly, going to stand up and oeculiar to this country were enacted-­ say, "We can do it and we have the because of the peculiar racial compo­ power to do it and, therefore, we are sition of this country. going to do it." Is that the attitude? What has happened now to those Now, I come to the question of who trusted you? I submit, Mr. Election Commission and the delimita­ Speaker, Sir, that the present attitude tion of constituencies. It is true, of the Government, the mutual trust perhaps. in 1954, in the system under which existed between all communities which we are now in this House, in this country is in danger of being that there was a certain amount of wrecked, completely wrecked. I, for weightage. There are today certain my part, and those whom I have the constituencies where, for example, there privilege to represent in this House, are four thousand voters and in other are certainly not going to trust this constituencies there are twelve thousand sort of Government which is unable voters. That was the state of affairs to answer logical arguments, which existing at the time when the have been adduced from the Opposi­ Constitution was drawn up. But one tion Benches-and by Opposition I • 4399 30 JANUARY 1962 440~ ~ mean the Socialist "Front,• the People's kepentingan warga negara Persekutuan Progressive Party and Independents, Tanah Melayu dan dari segi kepenti­ and I exclude for the moment the ngan kebangsaan bagi Persekutuan PMIP, because on this issue they are Tanah Melayu dan dari segi hak asasi quite obviously on the side of the bagi tiap2 warga negara Persekutuan Government. We have heard a great Tanah Melayu. Jadi dengan ini, Tuan deal of abuse and irrelevant talk. Yang di-Pertua, baharu-lah kita dapati Even the Honourable Prime Minister perbahathan kita ini dengan sa-chara went to the extent of saying that the yang waras, ikhlas dan jujor supaya Socialist Front wants to bring in dapat-lah segala fikiran yang baik itu people from <;hina and that the PPP untok di-pertimbangkan. Bagaimana wants to steal what the Malays have perchakapan pehak pembangkang yang got. What are we trying to steal? menudoh bahawa pehak Kerajaan We are not stealing anything: we are telah mungkir janji pada masa dahulu only asking you not to take away konon-nya kerajaan berjanji tidak akan something from us which you gave meminda Perlembagaan ini. Perkara us; and we are not trying to steal ini saya hairan, Tuan Yang di-Pertua, anything from you. Who spoke about tidak ada sa-orang pemimpin sa­ bringing in people from China? We belah sini yang berjanji tidak akan are trying to protect the rights of meminda Perlembagaan chuma tiap2 unborn persons, persons who may pemimpin dan tiap2 Perlembagaan bagi subsequently be born in the Federation pertubohan UMNO. MCA, MIC ada of Malaya. Those of us who have menyebutkan bahawa kami akan ventured to speak are described as mengawal dan mempertahankan Per­ "Disciples of Devils" -indeed the lembagaan Persekutuan Tanah Me­ disciples of devils-or is it those who layu-"to protect and uphold", jadi go about this country trying to mislead saya rasa, Tuan Yang di-Pertua, ada the masses, trying to mislead their own bagi pehak yang membangkang people? Are we the disciples of devils menta'arifkan "to protect and or are they the sons of Sa tans trying uphold" atau mempertahankan ber­ to cheat the people of this country? ma 'ana ta' boleh di-pinda. Ini satu I ask you to contemplate on that. perkara yang mengelirukan. Memper tahankan ma'ana-nya mempertahankan Sir, we, of course, have done all kapada asas2 dan dasar2 dan tujuan we could to make the Government yang sa-benar-nya waktu Perlembagaan think twice. We have tried to instil ini di-lembagakan. Sekarang ada-lah some feeling of shame into Members jelas· dan nyata bahawa tujuan dan of the Malayan Chinese Association asas itu telah di-chabul oleh ta' kurang and the Malayan Indian Congress, but daripada 13,000 orang yang nyata they seem to be impervious to shame, dapat dalam surat2 khabar dan dari­ and it seems to be a hopeless task pada Surohanjaya Kera'ayatan. Lapan (Laughter). I can, therefore, do ratus daripada mereka itu telah di­ nothing but to conclude with an tarek balek kera'ayatan-nya oleh sebab expression of abhorrence at the vulgar mereka ini berani menchabul hak and indecent haste which is being asasi warga negara Persekutuan Tanah exhibited by the Alliance Benchers. Melayu dan yang ketiga tiga belas ribu lima ratus lagi sudah di-kaji dan Tuan Haji Ahmad bin Saaid di-selideki supaya di-tarek balek (Seberang Utara): Tuan Yang di­ kera'ayatan mereka itu. Pertua, saya bangun untok mengambil peluang atas pindaan Perlembagaan Tuan Yang di-Pertua, ini ada-Jah yang telah di-kemukakan oleh Kera­ nyata dan jelas betapa penting-nya jaan. Sa-belum itu saya ingin menarek di-pinda dan di-perketatkan lagi perhatian pada tiap2 Ahli yang hadhir Perlembagaan yang pada asas-nya ini ada-lah mustahak tiap2 sa-orang UMNO telah berjanji dalam manifesto­ itu memikirkan bahawa perbahathan nya tahun 1959 dahulu ia-itu mengawal ini ia-lah di-bahathkan dari segi dan mempertahankan-"to protect -- ~ - ~--~~------· ------·------• - ;,t,4401 30 JANUARY 1962 4402 lilt' and uphold" itu di-nyatakan. Berma­ boleh terus memintf jadi warga negara. 'ana-lah kira-nya ada pehak yang Orang2 Islam ada 4 kopon, dia boleh menchabul atau yang mengambil kahwin 4 orang (Ketawa.). Kalau yang peluang, maka menjadi kewajipan-lah ada sa-orang boleh kahwin 3 orang bagi pehak yang berkuasa ia-itu lagi. Ada orang yang berugama lain pehak Kerajaan ini meneliti supaya. boleh kahwin sa-orang sahaja. Ada Perlembagaan itu di-perketatkan lagi. satu ugama lagi boleh kahwin beberapa Ini ada-lah kewajipan bagi Kerajaan banyak yang ia suka. J adi, kalau-lah bagi mengawal dan mempertahankan ada di-antara orang dalam Perse­ Perlembagaan berma'ana keselurohan­ kutuan ini yang hendak menggunakan nya termasok-lah bah 159 yang undang2 ini khas·nya orang2 Islam membolehkan Kerajaan meminda yang keluar pergi ka-Singapore, ka­ tiap2 bah yang ada dalam Perlembaga­ Mekah, ka-India, ka-Ceylon, dan an ini yang di-dapati salah gunakan ka-Indonesia kahwin 3 lagi kemudian oleh pehak2 yang hendak mengambil balek ka-Persekutuan minta kera­ gerakan memutar-belitkan atau mem­ 'ayatan, bila dapat menjadi kera­ perdayakan supaya dapat kera'ayatan 'ayatan boleh masok dalam daftar itu sa-chara haram. undi. Manakala masok dalam daftar undi maka orang2 perempuan boleh Yang kedua, Tuan yang di-Pertua, mewakili dalam Dewan Ra'ayat pada mengenai: !us Soli, tadi di-tudoh Pilehan Raya yang akan datang. Kerajaan telah keluar daripada dasar­ 2 nya. Sekarang saya menarek perhatian Sa-orang pun orang laki tidak dapat kapada orang yang memperjuangkan (Ketawa). Ini tetap akan terjadi. jus soli sa-chara luas yang tidak Sama ada daripada Majlis Tempatan, berhad. Sekarang dengan ada-nya Majlis Dewan Negeri. Majlis Dewan undang2 ini kalau beberapa banyak Ra'ayat dan Dewan Negara semua-nya orang yang mengandong perempuan2 orang perempuan menjadi wakil. yang mengandong datang minta hendak Orang2 laki2 pulang rumah jaga anak, dudok di-sini 6 bulan, waktu datang masak nasi, basoh baju dan orang di-sini mengandong sa-lama 6 bulan, perempuan akan memerentah. Ini tidak sa-lepas 3 bulan mereka itu beranak. lain dan tidak bukan jelas dan nyata Manakala mereka itu beranak mereka sa-kira-nya Perlembagaan tidak di­ itu tinggalkan anak2 mereka di-sini ketatkan. Sa-kira-nya pehak pembang­ dan balek ka-negeri masing2, beribu2 kang menapikan siapa hendak sanggup anak yang sa-macham itu (Ketawa) untok orang2 yang datang di-sini bahkan beratus2 ribu akan tinggal orang2 yang bunting atau mengandong, di-sini dalam satu negara yang ma'amor siapa yang hendak tanggong, saya dalam satu negara yang ada jaminan harap pehak pembangkang-lah yang hidup yang baik, akan mendapat akan sanggup menanggong sara hidup pelajaran dengan perchuma dalam orang2 ini. Bagi pehak Kerajaan tidak negara ini dan di-beri kemudahan2 sa-kali2 akan menerima orang2 yang hospital dan bermacham2 kemudahan sa-macham ini. Tuan Yang di-Pertua, lagi. Sanggup-lah Kementerian Ke­ mengenai kebimbangan pehak daripada bajikan menanggong beban yang besar Bangsar ...... untok menjaga anak2 itu. Boleh-kah kita tahan (Ketawa) kalau tidak di­ Enche' K. Karam Singh: Mr. Chair­ perketatkan undang2 itu. Ini satu man, Sir, on a point of clarification, perkara yang sangat mengkechiwakan 2 if the Honourable Member will allow kerana memperketatkan undang ini me. tidak lain dan tidak bukan ia-lah demi kepentingan warga negara yang Tuan Haji Ahmad bin Saaid: On tulin ada hak bagi negara itu. Lagi a point of what? satu perkara, Tuan Yang di-Pertua, mengenai: isteri kapada warga negara. Enche' K. Karam Singh: On a point Undang2 sekarang ini, tiap2 warga of clarification, if you will allow. negara boleh kahwin, dan isteri-nya If you don't allow, it doesn't matter. ""' * 4403 30 JANUARY 1962 4404'J~ Tuan Haji Mmf& bin Saaid: No Keramat, bandar juga satu lawan dua. time. Tidak ada masa. Di-mana-kah ada perbezaan-nya yang menunjokkan pehak yang di-Iuar Tuan Haji Ahmad bin Saaid: Tuan bandar dapat keutamaan. Ini tidak-kah Yang di-Pertua, sadikit sahaja lagi, apa yang ada sekarang Bagan 16,000 ada~lah mengena1 kawasan jikalau Dato Keramat 32,000, satu daripada di-kaji betul2 kawasan2, kawasan Bagan kawasan bandar lawan dengan dua ada-lah di-anggap kawasan bandar, kewasan bandar, tidak ada beza-nya. kawasan bandar Bagan ini ada 16,000 Saya harap-lah pehak pembangkang pengundi2, kawasan saya luar bandar mengkaji baik2 dalam soal ini. Sakian­ 22,000 pengundi, di-kawasan sahabat lah, terima kaseh. saya Dato Keramat ada 32,000, sedangkan bandar2 Bagan dan Dato Adjourned at 11.30 p.m.