Page:Report of the Commission of Enquiry North Borneo & Sarawak.pdf/82

This page needs to be proofread.

social services, and training of candidates for administrative and technical posts. The Malayan members see the proposals on development as an integral part of their whole approach. The British members concur generally in these proposals and suggest that, if their recommendation for a transitional period is accepted, development boards should be set up at the outset.

(iv) Land, Agriculture, Forestry, Native Customs, and Usage

should be under the sole control of the State Government.

(v) At least in the early years, there should be no change in administrative arrangements in so far as they affect the ordinary lives of the people.

(b) On a number of other matters dealt with in Sections B and C there was full discussion in the Commission and general agreement, subject only to the method of approach and to certain minor divergences.

(i) The Judiciary

A separate High Court should be maintained in the Borneo territories and a Federal Supreme Court should have appellate jurisdiction throughout the Federation. A number of more specific recommendations are made on this subject by the Malayan members: the British members have preferred to leave most of the details to the proposed Working Party.

(ii) Head of State

Somewhat divergent recommendations are made, reflecting the different approach on the question of phasing. It is unanimously recommended that in the first instance the appointment should be made by His Majesty the Yang di-Pertuan Agong on the joint nomination of Her Majesty The Queen and His Majesty.

(iii) Public Services

Near-unanimous recommendations are made, with some divergences reflecting the different approach on the question of phasing.

(iv) Federal Constitution

The division in the New Constitution between Federal, State and Concurrent lists should broadly follow the lines of the existing Constitution of the Federation of Malaya. Amendments should be made to the list in the case of Shipping and Navigation, and Fisheries. The British members, with whom I agree, advocate that special consideration should be given to the question of Labour and Social Security, and that the provision regarding Welfare of Aborigines should not apply to the Borneo territories.

(v) Finance, Tariffs and Trade These matters should be on the Federal list, but integration of Federal and State practice should take place gradually and after careful study by a Working Party. Detailed arrangements