AGREEMENTContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. RELATING TO MALAYSIA
The United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore;
Desiring to conclude an agreement relating to Malaysia;
Agree as follows:
Article I
The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called ” Malaysia “.
Article II
The Government of the Federation of Malaya will take such steps as may be appropriate and available to them to secure the enactment by the Parliament of the Federation of Malaya of an Act in the form set out in Annex A to this Agreement and that it is brought into operation on 31st August 1963 * (and the date on which the said Act is brought into operation is hereinafter referred to as ” Malaysia Day
Article III
The Government of the United Kingdom will submit to Her Britannic Majesty before Malaysia Day Orders in Council for the purpose of giving the force of law to the Constitutions of Sabah, Sarawak and Singapore as States of Malaysia which are set out in Annexes B, C and D to this Agreement.
Article IV
The Government of the United Kingdom will take such steps as may be appropriate and available to them to secure the enactment by the Parliament of the United Kingdom of an Act providing for the relinquishment, as from Malaysia Day, of Her Britannic Majesty’s sovereignty and jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. in respect of North Borneo, Sarawak and Singapore so that the said sovereignty and jurisdiction shall on such relinquishment vest in accordance with this Agreement and the constitutional instruments annexed to this Agreement.
Article V
The Government of the Federation of Malaya will take such steps as may be appropriate and available to them to secure the enactment before Malaysia Day by the Parliament of the Federation of Malaya of an Act in the form set out in Annex E to this Agreement for the purpose of extending and adapting the Immigration Ordinance, 1959, of the Federation of Malaya to Malaysia and of making additional provision with respect to entry into the States of Sabah and Sarawak; and the other provisons of this Agreement shall be conditional upon the enactment of the said Act.
Article VI
The Agreement on External Defence and Mutual Assistance between the Government of the United Kingdom and the Government of the Federation of Malaya of 12th October, 1957,[2] and its annexes shall apply to all territories of Malaysia, and any reference in that Agreement to the Federation of Malaya shall be deemed to apply to Malaysia, subject to the proviso that the Government of Malaysia will afford to the Government of the United Kingdom the right to continue to maintain the bases and other facilities at present occupied by their Service authorities within the State of Singapore and will permit the Government of the United Kingdom to make such use of these bases and facilities as that Government may consider necessary for the purpose of assisting in the defence of Malaysia, and for Commonwealth defence and for the preservation of peacePeace εἰρήνη in South-East AsiaAsia Central Asia Kazakhstan Kyrgyzstan Tajikistan Turkmenistan Uzbekistan Eastern Asia China China–Hong Kong China–Macao China–Taiwan Japan Mongolia North Korea South Korea Southern Asia Afghanistan Bangladesh Bhutan British Indian Ocean Territory India Iran Maldives Nepal Pakistan Sri Lanka South-Eastern Asia Brunei Cambodia East Timor Indonesia Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam Western Asia Armenia Azerbaijan Bahrain Cyprus Georgia Iraq Israel Jordan Kuwait Lebanon Oman Palestine Qatar Saudi Arabia Syria Turkey United Arab Emirates Yemen. The application of the said Agreement shall be subject to the provisions of Annex F to this Agreement (relating primarily to Service lands in Singapore).
Article VII
(1) The Federation of Malaya agrees that Her Britannic Majesty may make before Malaysia Day Orders in Council in the form set out in Annex G to this Agreement for the purpose of making provision for the payment of compensation and retirement benefits to certain overseas officers serving, immediately before Malaysia Day, in the public service of the Colony of North Borneo or the Colony of Sarawak.
(2) On or as soon as practicable after Malaysia Day, Public Officers’ Agreements in the forms set out in Annexes H and I of this Agreement shall be signed on behalf of the Government of the United Kingdom and the Government of Malaysia; and the Government of Malaysia shall obtain the concurrence of the Government of the State of Sabah, Sarawak or Singapore, as the case may require, to the signature of the Agreement by the Government of Malaysia so far as its terms may affect the responsibilities or interests of the Government of the State.
Article VIII
The Governments of the Federation of Malaya, North Borneo and Sarawak will take such legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations contained in Chapter 3 of, and Annexes A and B to, the Report of the InterGovernmental Committee signed on 27th February, 1963, in so far as they are not implemented by express provision of the Constitution of Malaysia.
Article IX
The provisions of Annex J to this Agreement relating to Common Market and financial arrangements shall constitute an Agreement between the Government of the Federation of Malaya and the Government of Singapore.
Article X
The Governments of the Federation of Malaya and of Singapore will take such legislative, executive or other action as may be required to implement the arrangements with respect to broadcasting and television set out in Annex K to this Agreement in so far as they are not implemented by express provision of the Constitution of Malaysia.
Article XI
This Agreement shall be signed in the English and Malay languages except that the Annexes shall be in the English language only. In case of doubt the English text of the Agreement shall prevail.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.
DONE at London this Ninth day of July, 1963, in five copies of which one shall be deposited with each of the Parties.
For the United Kingdom:
HAROLD MACMILLAN
DUNCAN SANDYS
LANSDOWNE
For the Federation of Malaya:
T. A. RAHMAN
ABDUL RAZAK
TAN SIEW SIN
V. T. SAMBANTHAN
ONG YOKE LIN
S.A . LIM
For North Borneo :
DATU MUSTAPHA BIN DATU HARUN
D. A. STEPHENS
W. K. H. JONES
KHOO SIAK CHIEW
W. S. HOLLEY
G. S. SUNDANG
For Sarawak:
P. E. H. PIKE
T. JUGAH
ABANG HAJI MUSTAPHA
LING BENG SIEW
ABANG HAJI OPENG
For Singapore:
LEE KUAN YEW
GOH KENG SWEE
NOTES
- The Agreement Came into force on 16 September 1963, in accordance with article II, as amended by the Agreement of 28 August 1963 (see page 241 of this volume).
- The Agrement has ben placed in United NationsUNO The main bodies of the United Nations are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat. All were established under the UN Charter when the Organization was founded in 1945. It has 193 members., Treaty Series, vol. 285, p. 59.
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