in the position analogous to the Malays ill the Federation of Malaya.
This demand springs from their Feeling that they should be able to
enjoy the concommitant privileges and opportunities which the Federal
Constitution affords to the Malays. and that any treament of them
different from the Malays would be anomalous.
The great majotlty were em liatic that this osillun should be
written into the Constitution. like Chinese, Wlll equal unanimity,
have opposed the siiggestion that this privileged position should be
written into the Constitution. though the great majority have ayeed
that in practice the native races should be given, at least for a period of years until they reach a more competitive level, the favoured treatment which they have in tact enjoyed wider the colonial governments.
We have found this an exacting problem. We have given the
matter our serious attention and we are agreed that the native races
in the Borneo territories cannot be placed Ill 3 position any other than
analogous to that ofllie Malays iii the Constitution of the Federation
of Malaya as both are generally regarded as the native groups in their respective countries On this basis, it would be inconsistent and
anomalous that the special position oftlte native races in Borneo
should not likewise be written into the Constitution or once written
that it should be subject to review separately from any review of the
pOSlIl0Il of the Malays as a whole This provision does not imply, of course, that the constilultonal definition of a Malay in the present
Malayan Constitution should apply to the native races of the Borneo
territories.
We recognise that the subject would he more Cmllpllcfiled in a new Federation than in the existing Federation of Malaya. In the new Federation it would not only be necessary to consider relations between the natives and the non-natives but also to hold a balance between the tlilTerent native races in the Borneo territories, and at the same time between the native races as a whole in the Borneo territories and the Malays in Malaya.
This special position of the native races, more particularly as it relates to special treatment in the matter of permits and licences in trade and business, would need very careful handling. We recommend that an Advisory Board, including representatives of the principal races, should be appointed in each territory, to advise on its interprelation and a minisimtion.
We recommend that the provisions should apply to those citizens. who are regarded as natives wiiliin the meaning or the Interpretation (Definition or Native) Ordinance of North Borneo (see Appendix D), and in the case of Sarawak those citizens who are regarded as natives within the meaning of section 3 of the interpretation Ordinance, 1953 (see Appendix D.) We recommend for consideration that the Ordinance in the two territories should be reviewed with the object of bringing them into line for this purpose and we suggest that it might he advantageous to widen slightly the application so as to include certain other categories.
