Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex A/Sixth Schedule

Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex A
the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore
Annex A: MALAYSIA BILL
SIXTH SCHEDULE
MINOR AND CONSEQUENTIAL AMENDMENTS OF CONSTITUTION
668347Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex A — Annex A: MALAYSIA BILL
SIXTH SCHEDULE
MINOR AND CONSEQUENTIAL AMENDMENTS OF CONSTITUTION
the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

Provision of Constitution

Amendment

Article 143 (conditions of service of members of Service Commissions)

In Clause (1) for the words " Supreme Court " in paragraph (c) there shall be substituted the words " Federal Court ".

Article 144 (functions of Service Commissions)

In Clause (4) for the words from " of any Ruler " to " jurisdiction " there shall be substituted the words " a State Public Service Commission ".

Article 145 (the Attorney-General)

For the words " Supreme Court " there shall, in both places, be substituted the words " Federal Court ", and after the words " Muslim Court " there shall be inserted the words " a native court "; and these amendments shall be made both in the Article to be inserted in pursuance of the Constitution (Amendment) Act, 1960, and in the Article for which it is to be substituted.

Article 148 (interpretation of Part X)

In Clause (2) for the words " Supreme Court " there shall be substituted the words "Federal Court or of a High Court ".

Article 151 (restrictions on preventive detention)

In Clause (2) for the words from " from " to " Court, and " there shall be substituted the words " and who shall be or have been, or be qualified to be, a judge of the Federal Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and ", and for the words " Chief Justice " there shall, where they first occur, be substituted the words " Lord President of the Federal Court ", and the words from " or if " onwards shall be omitted.

Article 152 (national language)

In Clause (4) for the words " the Supreme Court" there shall be substituted the words " the Federal Court or a High Court ".

Article 158 (Pan-Malayan arrangements)

In Clause (1) for the words " any territory to which this article applies " there shall, in each place be substituted the word " Brunei ", and Clause (2) shall be omitted.

Article 159 (amendment of the Constitution)

In Clause (1) after the word " Article " there shall be inserted the words " and to Articles 16lE and 161H"; and in Clause (4) there shall be inserted at the beginning of paragraph (bb) the words " subject to Article 16lE ".

Article 160 (interpretation)

In Clause (2), before the definition of " Act of Parliament" there shall be inserted the definition—

" aborigine " means an aborigine of the Malay Peninsula;

after the definition of " Legislature " there shall be inserted the definition—

" local rates ", in relation to Singapore, includes the property tax levied for local purposes by the State;

in the definition of " Malay ", after the word " Federation ", there shall in all places be inserted the words " or in Singapore "; in the definition of " public authority " for the words " Supreme Court" there shall be substituted the words "Federal Court and High Courts"; and the definition of " Rule Committee " shall be omitted.

Provision of Constitution

Amendment


Article 174 (judicial appointments)

The Article shall be omitted.

Fourth Schedule (oaths of office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong)

In Parts I and II for the words " Persekutuan Tanah Melayu " and in Part III for the words " the Federation of Malaya " there shall in all places be substituted the word " Malaysia ".

Sixth Schedule (forms of oaths and affirmations)

For the words " the Federation of Malaya " there shall, in both places, be substituted the word " Malaysia " ; and after the form of the oath of office and allegiance there shall be added, as a note to that form,—" (Note: A judge of the Federal Court, other than the Lord President, or a judge of a High Court shall use the words ' my judicial duties in that or any other office ' in place of the words ' the duties of that office '.)".

Eighth Schedule (provisions to be inserted in State Constitutions)

In section 3 for the words " to be known as the Dewan Negeri " there shall be substituted the words " namely, the "; in sub-section (1) of section 4 the words from " and " onwards shall be omitted; in section 6, in paragraph (e) of sub-section (1), after the word " Federation " there shall be inserted the words " (or, before Malaysia Day, in the territories comprised in the Borneo States or in Singapore) "; and in section 22 there shall be omitted the words " and Chief Minister ", the word " respectively " and the words " and the Mentri Besar ".

Ninth Schedule (legislative lists)

In List I, in item 1 (h), for the word "Malaya" there shall be substituted the word " Malaysia "; in item 4 (k) after the words " Muslim law " there shall be inserted the words " and other personal laws "; in item 8 (j) there shall be inserted at the beginning the words " Subject to item 2 (c) in the State List:" and in item 11 (b) for the words from "Inter-State" to " not " there shall be substituted the words " Water supplies, rivers and canals, except those wholly within one State or ".

In List II, in item 2 (b) there shall be added at the end the words " or, in the Borneo States, native reservations "; and in item 6 (c) for the words from the beginning to " canals " there shall be substituted the words " Subject to the Federal List, water (including water supplies, rivers and canals) ".

Eleventh Schedule (provisions of Interpretation and General Clauses Ordinance, 1948, applied)

There shall be inserted in the first column, in the place required by the numerical order, the words " 23 ", and opposite them in the second column—

" General provisions with respect to power given to any authority to make subsidiary legislation—

Where an Ordinance or Enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made."

Provision of Constitution

Amendment

Thirteenth Schedule (delimitation of constituencies)

In section 1 for the words from "those" onwards there shall be substituted the words " those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act ".

In section 2 for the words " the Federation and the States " there shall be substituted the words "any unit of review"; at the end of paragraph (a) there shall be added " and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies"; in paragraph (c) after the word " equal " there shall be inserted the words "throughout the unit of review"; and in paragraph (d) for the words " and of any local ties which may be broken by such alterations " there shall be substituted " and to the maintenance of local ties ".

In section 8, in paragraph (a), for the words "the Federation and each State" there shall be substituted the words " each unit of review ".

In section 12 for the words from "until" in the proviso onwards there shall be substituted the words " to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after that date ".