Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

by the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

No. 10760

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UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
and
FEDERATION OF MALAYA,
NORTH BORNEO, SARAWAK
and SINGAPORE

Agreement relating to Malaysia (with annexes, including
the Constitutions of the States of Sabah, Sarawak
and Singapore, the Malaysia Immigration Bill and
the Agreement between the Governments of the
Federation of Malaya and Singapore on common
market and financial arrangements). Signed at London
on 9 July 1963

Agreement amending the above-mentioned Agreement.
Signed at Singapore on 28 August 1963

Authentic texts of the Agreement: English and Malay.
Authentic text of the annexes: English.
Authentic text of the amending Agreement: English.
Registered by the United Kingdom of Great Britain and Northern Ireland
on 21 September 1970.

AGREEMENT^[1] RELATING TO MALAYSIA

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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 jurisdiction 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 peace in South-East Asia. 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 Inter-Governmental 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

1. 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).
2. United Nations, Treaty Series, vol. 285, p. 59.