Sabah's conditions for joining the Federation of Malaysia
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.
(a) Malay should be the national language of the Federation;
(b) English should continue to be used for a period of ten years after Malaysia Day;
(c) English should be the official language of North Borneo, for all purposes State or Federal, without limitation of time
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, was, of course, essential.
Head of the Federation:
The Head of the State in North Borneo should not be eligible for election as head of the Federation.
Name of Federation:
‘Malaysia’ but not ‘Melayu Raya’ (or ‘Greater Malaya’).
Control over immigration into any part of Malaysia from outside should rest with the Federal 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 purpose except on strictly security grounds. North Borneo should have unfettered control over the movement of persons, other than those in Federal Government employ, from other parts of Malaysia into North Borneo.
Right of Secession:
There should be no right of secession from the Federation.
Borneoisation of the public services should proceed as quickly as possible.
Every effort should be made to encourage British Officers to remain in the public services until their places can be taken by suitably qualified people from North Borneo.
The recommendations in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo persons subject to the following amendments:
(a) Sub-paragraph (i) should not contain the proviso as to five years residence;
(b) In order to be consistent with the laws of North Borneo, sub-paragraph (ii) (a) should read ’seven out of ten years’ instead of ‘eight out of twelve years’;
(c) Sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia (was formed) must be a Federal citizen.
Tariffs and Finance:
North Borneo should have control of its own finance, development funds and tariffs.
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 Malaya formula in this regard is not necessarily applicable in North Borneo.
(a) The Chief Minister should be elected by unofficial members of (the) Legislative Council;
(b) There should be a proper Ministerial system in North Borneo.
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.
The existing educational system of North Borneo should be maintained and for this reason should be under State control.
No amendment, modification or withdrawal of any special safeguards granted to North Borneo should be made by the Federal 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.
Representation in Federal Parliament:
This should take account not only of the population of North Borneo but also its size and potentialitis and in any case should not be less than that of Singapore.
Name of Head of State:
Yang di-Pertua Negara.
Name of State:
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.