Chapter 1.4 - Formation of Malaysia

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LAN 1003:

MALAYSIAN STUDIES

HISTORY & POLITICS

FORMATION OF MALAYSIA &ADMINISTRATIVE STRUCTURE



FORMATION OF MALAYSIA

A formal initiative to consolidate the Federation

of Malaya and Singapore was made by

Singapore in 1957 and again in 1959. Malay leaders were reluctant, uneasiness about

Singapore as a hotbed of left-wing policies.




Singapore government tried to develop a

“Malayan” consciousness among its Chinese

citizens.

Lee Kwan-Yew, Singapore’s chief minister &

head of left wing People’s Action Party (PAP),

advocated the merger of the territory with

Malaya.




1960 - Lee Kwan-Yew and Malayan Prime

Minister Tunku Abdul Rahman held series of talk

with the British secretary of state for

commonwealth relations.

Scope of the proposed association was enlarged

to include Sarawak, Sabah & Brunei.

The road to the creation of the Federation of Malaysia was fraught with many obstacles.




May 27, 1961 - Tunku Abdul Rahmanannounced the plan publicly.

Opposition was expressed by:

a) Leaders of indigenous non-Muslimcommunities in Sarawak and North Borneo.

b) Anti-merger groups in Singapore.

Proposal became a focus of internationalcontroversies involving Indonesia and thePhilippines.




April 1962 - a joint British-Malayan

Commission (Cobbold Commission) was

formed to test the opinions of people of

Sarawak and Sabah.

June 1962 - The Commission published its

report, saying that 70 % of the people of

Sarawak and 90% people of Sabah wanted to join the federation of Malaysia.




Following these objections, the U.N. Secretary-

General sent a mission to the 2 states to

ascertain the wishes of the people there.

15 September 1963 - the U.N. Mission

announced that the majority of people in North

Borneo and Sarawak wished to join the

Federation of Malaysia.




Brunei withdrew last minute due to Sultan of Brunei’s disagreement of his position within thefederation and was loathed to share his

substantial oil revenues with anyone. 16 September 1963 - the Federation of

Malaysia, consisting of Malaya, Singapore,Sarawak, and North Borneo (now Sabah),was proclaimed.

Philippines and Indonesia opposed thefederation.




Violence broke out within hours of the proclamation. Indonesian carried out acts of sabotage and

terrorism in the peninsula and Singapore.

The Confrontation by Indonesia failed to spark apopular revolt, as hoped.

Instead, it strengthened popular support for

Malaysia in both the eastern and western halves of the country.

Relations with Philippines under Macapagal were

also strained until December 1969.




August 9, 1965 - Singapore separated from the

Federation to become a fully independent

republic within the Commonwealth.

Due to dissatisfaction of Lee Kwan-Yew who

feels that Malaysia should be for Malaysians.



ADMINISTRATIVE STRUCTURE

3 important bodies. Division of roles based on the theory of power

division to avoid misuse of power andinterference from one body with another.

a) Legislative - His Royal Highness (ParamountRuler), Senate (Dewan Negara), House of Representatives (Dewan Rakyat ).

b) Executive – Cabinetc) Judiciary - Federal Court, High Court,

Session’s Court, Martial & Syariah Court etc.



MODEL OF POWER

DISTRIBUTION FOR 3 BODIES

His Royal

Highness

(Yang Di-Pertuan

Agong)

Senate

(Dewan

Negara)

House of

Representatives

(Dewan

Rakyat)

Legislation

(Parliament)

Cabinet

Executive

Court of

Appeal

Federal

Court

High Court

of Malaya

High Court

Sabah &

Sarawak

High

Courts

Superior

Courts

Magistrate

Court

Sessions

Court

Juvenile

Court

Subordinate

Courts

Judiciary

His Royal Highness

Head of the Country

DEMOCRATIC GOVERNMENT



LEGISLATIVE

His Royal Highness

(Yang Di-Pertuan Agong)

Senate

(Dewan Negara)

House of

Representatives(Dewan Rakyat)

Legislation

(Parliament)

www.parlimen.gov.my



LEGISLATIVE

Parliament = the body that made laws. Practices Parliamentary Democracy with

Constitutional Monarchy.

A system of democracy based on theFederation system.

Made up of 3 components:

a) His Royal Highness (Yang di-Pertuan Agong) b) Senate (Dewan Negara)

c) House of Representatives (Dewan Rakyat)



LEGISLATIVE –

HIS ROYAL HIGHNESS

The Council of Rulers elects His Royal

Highness (HRH) as Paramount Ruler of the

country a period of 5 years.

His Highness carries out the following duties:-

a) elects the Prime Minister

b) calls & ends for parliamentary proceedings(following the advice of the Prime Minister)

c) calls for the Council of Ruler’s Meeting



LEGISLATIVE – SENATE

Known as Senators, can only serve for 3 years.

Approved Bills (laws) & passes to HRH for approval.

Must be 30 years old and above.

Consists of 69 senators in 3 categories:-

a) 29 members from the 14 states (including Federal

Territory of Labuan & KL).

b) 40 members who are elected by HRH - excellent

contributions in the public service, trade,

manufacturing, agriculture, cultural activities,

community service or represent minority groups etc.



LEGISLATIVE –

HOUSE OF REPRESENTATIVES

193 elected members through General Election

held every 5 years.

Parties with the most votes can form a

government to rule the country.

Function = is to make laws and discuss

matters concerning the people and the

country’s internal & external affairs.

Prior for approval in the Senate.



LEGISLATIVE –

HOUSE OF REPRESENTATIVES

A Bill originates in the Dewan Rakyat .

Once approved, it is tabled in Senate for another

debate. After that, Bill will be approved before being

presented to HRH for his consent.

The Bill will be gazetted (approved) in the formof 'Government Gazette', thus making the Bill a

law as stated in the Government Gazette.



THE LAW-MAKING – 6 PROCESS

Assent of the His Royal Highness (HRH).

House of Representatives & Senate passed law through

1st Reading, 2nd Reading, Committee Stage & 3rd Reading.

Minister obtains permission from the Cabinet to draft Bill.

The Bill is prepared with the co-operation of

Attorney-General & Minister.

Minister obtains permission from Cabinet for

basic elements of the Bill.

Minister draws up rough outline of elements of Bill with the

help of his officers in the Ministry concern.



His Royal HighnessSyed Sirajuddin ibni Almarhum

Tuanku Syed Putra & Her Royal Highness

Parliament Building standing majestically

symbolizing democracy

Senate(Dewan Negara)

House of Representatives

(Dewan Rakyat)



EXECUTIVE

Cabinet

Ministers & Deputy Ministers 25 Ministries

Executive

AgricultureCulture, Arts

& Tourism

Defence

Domestic Trade &Consumer Affairs

Education

Entrepreneur Dev.

Transport

Works

Human

Resources

Housing & Local

Government

Information

Int. Trade &Industry

Land & Coop.

Development

Nat. Unity &

Social Dev.

Primary Industries

Finance

Foreign Affairs

Home Affairs

Health

Prime Minister’s Dept.

Youth & Sports

Women &

Family Dev.

Science, Tech. &

Environment

Rural Dev.

Energy, Comm.

& Multimedia



EXECUTIVE

Cabinet members head various ministries. A minister will present the Cabinet his / her

plan & reports of carrying out a policy under

his / her ministry. Some ministers are headed by deputy

ministers.

Cabinet meeting takes place once a weekthat is on Wednesday.

Chief of the government civil service isthe country’s Chief Secretary (Ketua

Setiausaha Negara - KSN).



JUDICIARY

Supreme

Court

Court

of Appeal

High Court

of Malaya

High Court

of Borneo

High

Court

Superior Courts

Sessions

Court

Magistrate

Court

Juvenile

Court

Subordinate Courts

Judiciary

www.kehakiman.gov.my



JUDICIARY

The judiciary contains courts. The formation of judiciary is stated inside the

constitution. The constitution decides the rules

to ensure that the judiciary is free from fear or favour.

Judges are appointed by HRH with advice of Prime Minister & after discussion with

Conference of Rulers.

Judiciary is headed by Chief Justice (KetuaHakim) which is appointed from judges.



JUDICIARY – FEDERAL COURT

Main function = to determine whether a lawmade by Parliament or a State Legislature isinvalid on the ground that it makes provisionto a matter with respect to which Parliament or,as the case may be, the State Legislature hasno power to make the law.

Also makes final judgments on legal matters

which come before it on appeal from Court of Appeal.

The ultimate court in civil, criminal andconstitutional matters.



JUDICIARY – COURT OF APPEAL

Appellate jurisdiction to hear civil and criminalcases originating from High Court or

Sessions Court (criminal cases only).



JUDICIARY – HIGH COURT

2 High Courts = Malaya (Peninsular)= Sabah & Sarawak (Borneo)

Consists of a Chief Judge and no less than 4

judges. Criminal – hear cases which carry death

penalty.

Civil - in divorce & matrimonial causes,bankruptcy & company cases, appointmentand control of guardians of infants, disabledpersons & their property & grant of probates of

wills and letters of administration.



JUDICIARY – SESSIONS COURT

Criminal - has jurisdiction to try all offences other than offences punishable with death.

Civil - running down cases, landlord and

tenant & distress;- try other suits where the amount in

dispute does not exceed RM250,000

- with the consent of the parties involved, totry cases exceeding RM250,000 but the awardis limited to the statutory limit of RM250,000only.



JUDICIARY – MAGISTRATE

Criminal - jurisdiction to try all offences where

maximum term of imprisonment does notexceed 10 years & punishable with fine only.(Eg. = robbery or housebreaking).

Civil - suits of a civil nature where the amount indispute does not exceed RM25,000.

Pass any sentence allowed by law not exceed:

a)

5 years imprisonmentb) a fine of RM10,000.00

c) whipping up to 12 strokes or

d) any combination of the sentence above.



Federal Court of MalaysiaSultan Abdul Samad Building

Inside the Federal Court …

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Chapter 1.4 - Formation of Malaysia

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