Page:Report of The Inter-Governmental Committee, Malaysia.pdf/21

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ANNEX: A

LEGISLATIVE LISTS, ADMINISTRATIVE ARRANGEMENTS AND ASSURANCES

General

It is accepted that in the early after the establishment of Malaysia as few changes as possible should be made in the administrative arrangements in the Borneo States affecting the day to day lives of the people. During this period certain Federal powers should be delegated to the State Governments.

Some administrative details have been included. Others remain to be worked out.

LEGISLATIVE LISTS AS IN THE NINTH SCHEDULE TO THE FEDERATION OF MALAYA CONSTITUTION

LIST I. FEDERAL LIST.

1. External Affairs, etc.^[1]

Federal

This is subject to the undertaking on immigration set out in paragraph 16 of the Report.

2. Defence, etc.

Federal

Subject to internal security considerations, licensing powers in respect of shot guns and their ammunition and in respect of a waiver or reduction of licensing fees, should be delegated to the Borneo State Governments. The function of licensing should be exercised by the State Governments consultation with the Police.

3. Internal Security, etc.

Federal

4. Civil and Criminal Law and procedure and the administration of Justice, including

In the early years there should be as few changes as possible in respect of the law relating to the practice and procedure of the Courts of the Borneo States.

(a) Constitution and organisation of all Courts other than Muslim Courts and Native Courts;

Federal

Subordinate Courts
It should be the aim eventually to establish a uniform system of magistrátes courts throughout Malaysia, but no change should be made in the organisation of Subordinate Courts in the Borneo States for a period of five years without the agreement of the State Government concerned. Thereafter any changes would be made by the Federal Government in consultation with State Governments. The integration of the professional magistracy in Borneo should take place at an early date.

(b) Jurisdiction and powers of all such Courts;

Federal

(c) Remuneration and other privileges of the judges and officers presiding over such Courts;

Federal

(d) Persons entitled to practise before such Courts;

Federal

Restrictions on the lines of the existing Borneo legislation should be continued, so that practice, at the local Bar would subject to certain exceptions provided for in that legislation, be restricted to resident advocates, until otherwise agreed by the Borneo State Legislatures.

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1. "Etc" at the end of an item indicates that the remainder of the item is intended to follow the existing item in the Ninth Schedule.