Expatriate Forums in Malaysia

jareynders · Last edited by jareynders on Fri Sep 16, 2005 10:37 am; edited 1 time in total

There were some requests to have the 20 points safeguards, well here they are;

The 20 points safeguards

1.Religion
While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo

2.Language
a. Malay should be the national language of the Federation
b. English should continue to be used for a period of 10 years after Malaysia Day
c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time.

3. Constitution
Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances. A new Constitution for North Borneo (Sabah) was of course essential.

4. Head of Federation
The Head of State in North Borneo should not be eligible for election as Head of the Federation

5. Name of Federation
“Malaysia” but not “Melayu Raya”

6. Immigration
Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into North Borneo should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purposes except on strictly security grounds. North Borneo should have unfettered control over the movements of persons other than those in Federal Government employ from other parts of Malaysia into North Borneo.

7. Right of Secession
There should be no right to secede from the Federation

8. Borneanisation Borneanisation of the public service should proceed as quickly as possible.

9. British Officers
Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from North Borneo

10. Citizenship
The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo subject to the following amendments:
a) sub-paragraph (i) should not contain the proviso as to five years residence
b) in order to tie up with our law, sub-paragraph (ii)(a) should read “7 out of 10 years” instead of “8 out of 10 years”
c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be federal citizen.

11. Tariffs and Finance
North Borneo should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.

12. Special position of indigenous races
In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malays’ formula in this regard is not necessarily applicable in North Borneo

13. State Government
a) the Prime Minister should be elected by unofficial members of Legislative Council
b) There should be a proper Ministerial system in North Borneo

14. Transitional period
This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government

15. Education
The existing educational system of North Borneo should be maintained and for this reason it should be under state control

16. Constitutional Safeguards
No amendment modification or withdrawal of any special safeguard granted to North Borneo should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo

The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the state. (Note: The United Party, The Democratic Party and the Pasok Momogun Party considered that a three-fourth majority would be required in order to effect any amendment to the Federal and State Constitutions whereas the UNKO and USNO considered a two-thirds majority would be sufficient)

17. Representation in Federal Parliament
This should take account not only of the population of North Borneo but also of its seize and potentialities and in any case should not be less than that of Singapore

18. Name of Head of State
Yang di-Pertua Negara

19. Name of State
Sabah

20. Land, Forests, Local Government, etc.
The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise, the National Council for Local Government should not apply in North Borneo.

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I will edit some of this text later on and will add some comments as well. I am still studying the history of the 20-point safeguards. I will give you the differences between Sarawak's and Sabah's requirements as well. In fact Sarawak only had 18 points...
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Sarawak presented a paper as well to the IGC (Inter-Governmental Committee) containing 18 points. The Sarawak 18 points were similar to the Sabah 20 points, but were on a couple of importantly different.

1. Language
The Sarawak paper contained no request corresponding to that of the USNO party’s request that Malay should be an Official Language together with English

2. Head of State
Sarawak requested that the Head of State be chosen from any of the indigenous ethnic groups in Sarawak, but the method of choice would be discussed further. The Sabah paper did not mention this which now strange. The Sabah paper only stipulated that the name of Sabah’s Head of State be the Yang di-Pertua Negara

3. Immigration
The Sabah paper asked explicitly asked that Sabah should have unfettered control over the movement of persons, other than those in Federal Government employ, from other parts of Malaysia into Sabah. This requirement was not included in the Sarawak paper, which explicitly refers only to immigration control seemed better thought through.

4. Borneanisation
The Sarawak paper was explicit in its reservation that federal posts in Sarawak should be filled by Sarawak-born citizens.

5. Citizenship
Both Sabah and Sarawak requested that the period of residence for registration as a citizen of Malaysia during the first eight years after Malaysia be reduced from eight years out of twelve to seven years out of ten. The Sabah paper added two further points, namely the deletion of the requirement of five years’ residence immediately before Malaysia for a citizen of the United Kingdom and colonies, born or naturalized, to become a citizen of Malaysia, and deletion of the requirement that after the formation of Malaysia persons in both Sabah and Sarawak should only be citizens by operation of law if one of their parents was a citizen or a permanent resident.

6. Finance
The Sabah paper asked for control of its own finances, development and tariff. The Sarawak paper only asked for three assurances; a development fund, a formula ensuring adequate revenue to the State and gradual increase of taxation to Malayan levels.

7. Representation in the Federal Parliament
The Sarawak paper accepted that the term of the 13th schedule of the Constitution of Malaya should govern the assessment of representation in the Federal Parliament. The Sabah paper, however, avoided any reference to the provisions of the Malayan constitution and asked explicitly that the size and potentiality of Sabah should be taken into account and that in any case Sabah’s representation should not be less than Singapore’s. The Sarawak paper added the requirement for adequate ministerial representation at both the higher and lower levels to provide for Sarawak’s interests in the Federal Government

8. State Government
The Sarawak paper requested a Chief Minister and a membership system. The Sabah paper asked for a Prime Minister and a proper ministerial system

9. Transitional Period
The Sarawak paper asked that this should be from three to five years and during this period federal powers should be delegated to Sarawak as a State by agreement. The Sabah paper asked for a seven year transitional period, and that during such period legislative power should be left with the State by the constitution and not merely delegated by the Federal Government

10. Education
The Sarawak paper asked that provision should be made to safeguard the Sarawak National Education Policy for the future. The Sabah paper asked that the existing educational system of Sabah should be maintained, and for this reason it should be under State control.

ashleyisaac · Posted: Thu Sep 15, 2005 10:45 am Post subject:

impressive gino .. O.o makes me shy Embarassed

to call myself a Sabahan / Malaysian ... seriously this is new for me...never knew it existed but its good info...congrats! keep up the good work...good job as they say Very Happy

how do u curse in dutch again...*ash still waiting for gino to teach >.<"* Laughing

roguegirl · Posted: Thu Sep 15, 2005 11:50 am Post subject:

Good for you Jarey. I wish I could have my book on Sarawak's 20 points (as far as I know, it's 20 also) with me now so that we can compare.

jareynders · Posted: Thu Sep 15, 2005 11:54 am Post subject:

i will edit the message or post a new message tomorrow regarding Sarawak's safeguards.... Smile

they are slightly different than the Sabah ones.

jareynders · Posted: Fri Sep 16, 2005 10:39 am Post subject:

I have added the main differences in the 20 point safeguards at the top message...will give you more updates later on. I think its quite interesting topic this. Smile

roguegirl · Posted: Sat Sep 17, 2005 10:24 am Post subject:

Didn't know they've made 16th. September as Malaysia Day. It's great to know that many people want the history of Malaysia's birth be told as it is.

So, happy Malaysia Day. Belated...

jareynders · Posted: Tue Sep 20, 2005 12:25 pm Post subject:

as far as i know they kept 31st of august as Malaysia Day and not 16th september...in my opinion 16th september should be Malaysia Day.

roguegirl · Posted: Tue Sep 20, 2005 3:19 pm Post subject:

Well, 31st. August is the independence day for Malaya while 16th. September is the date Malaysia was formed.

16th. September was never a significant date elsewhere except in Sabah & Sarawak where it is a public holiday.

jareynders · Posted: Tue Sep 20, 2005 4:06 pm Post subject:

Yes, of course i know these dates...it is noticable that you call the 16th of September a date which is not significant as it was on this very day that MALAYSIA was formed....

The other way round than, 31st of August is not significant for Sabah, Sarawak than...so why to celebrate it there?

roguegirl · Posted: Tue Sep 20, 2005 4:14 pm Post subject:

Government expected it to be celebrated all over the nation, Jarey.