the hope that these recommendations will be acceptable in relation to Singapore and, should Brunei join the Federation, that State.
14. In certain respects the Committee agreed that the requirements of the Borneo States could appropriately be met by undertaking or assurances to be given the Government of the Federation of Malaya rather than by Constitutional provisions and these are mentioned in the appropriate sections of this Report. The Committee agreed that the more important undertakings should be included in the formal agreement and envisaged that the other undertakings and assurances might be dealt with in exchanges of letters between the Government concerned.
CHAPTER III
PROPOSED CONSTITUTIONAL ARRANGEMENTS
15. Religion
(1) No amendment is required to Article 3 (1), which provides "Islam is the religion of the Federation, but other religions may be practised in peace and harmony in any part of the Federation". As in the case of Penang and Malacca (Article 3 (2)) the Heads of State in the Borneo States should not be Head of Muslim religion in the State; but Article 3 (3) should be left unamended so as not to confer on the Yang di-Pertuan Agong the position of Head of the Muslim religion in the Borneo States.
(2) The guarantee for religious freedom contained in Article 11 should be retained as regards Article 11 (4) which provides "State law may control or restrict the propagation of any religious doctrine or belief among persons professing the Muslim religion", it was agreed that the Constitutions of the Borneo States could properly provide that a law having the effect described in Article 11 (4) would need to be passed by a two-thirds majority vote of the total membership of the State Legislative Assembly.
(3) Sections 36 and 37 of the Malayan Education Act, 1961, should not be applied to North Borneo and Sarawak; Federal Law should not provide for special financial aid for the establishment of Muslim institutions or the instruction in the Muslim religion of persons professing that religion in respect of North Borneo and Sarawak without the concurrence of the State Government concerned; and the Federal Constitution should be amended to secure that where federal law provides for special financial aid for for Muslim institutions or Muslim religious education in pursuance of Article 12 (2) the Malaysian Government would grant to the North Borneo and Sarawak Governments proportionate amounts[1] for social welfare purposes in those States. Any grants paid out by the Malaysian Government from the proceeds of lotteries conducted by the Social and Welfare Services Lotteries Board would not be regarded as payment made from Federal revenue in this respect.
(4) Article 38 (2)(b) and (6)(d), which deals with the functions of the Conference of Rulers relating to the extension of religious acts, observances and ceremonies to the Federation as a whole should not apply to the Borneo States.
16. Immigration
The following arrangements should apply:—
- ↑ These amounts should bear the same proportion to the amount of special financial aid paid from Federal revenue as the amount of Federal revenue derived from a Borneo State during the financial year in question and retained in the Malaysian Government bears to the total Federal revenue for that year.
