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.

FORMATION OF MALAYSIA
Singapore government tried to develop a Malayan consciousness among its Chinese citizens. Lee Kwan-Yew, Singapores chief minister & head of left wing Peoples Action Party (PAP), advocated the merger of the territory with Malaya.

FORMATION OF MALAYSIA
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.

FORMATION OF MALAYSIA
a) b)

May 27, 1961 - Tunku Abdul Rahman announced the plan publicly. Opposition was expressed by: Leaders of indigenous non-Muslim communities in Sarawak and North Borneo. Anti-merger groups in Singapore. Proposal became a focus of international controversies involving Indonesia and the Philippines.

FORMATION OF MALAYSIA

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.

FORMATION OF MALAYSIA
Following these objections, the U.N. SecretaryGeneral 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.

FORMATION OF MALAYSIA

Brunei withdrew last minute due to Sultan of Bruneis disagreement of his position within the federation 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 the federation.

FORMATION OF MALAYSIA

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 a popular 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.

FORMATION OF MALAYSIA
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

a)

b) c)

3 important bodies. Division of roles based on the theory of power division to avoid misuse of power and interference from one body with another. Legislative - His Royal Highness (Paramount Ruler), Senate (Dewan Negara), House of Representatives (Dewan Rakyat). Executive Cabinet Judiciary - Federal Court, High Court, Sessions Court, Martial & Syariah Court etc.

MODEL OF POWER DISTRIBUTION FOR 3 BODIES

DEMOCRATIC GOVERNMENT
His Royal Highness Head of the Country

Legislation (Parliament)

Executive

Judiciary

His Royal Highness (Yang Di-Pertuan Agong)

Senate (Dewan Negara)

House of Representatives (Dewan Rakyat)

Cabinet

Superior Courts

Subordinate Courts

Federal Court

High Courts High Court of Malaya

Magistrate Court

Sessions Court

Juvenile Court

Court of Appeal

High Court Sabah & Sarawak

LEGISLATIVE
Legislation (Parliament)

His Royal Highness (Yang Di-Pertuan Agong)

Senate (Dewan Negara)

House of Representatives (Dewan Rakyat)

www.parlimen.gov.my

LEGISLATIVE

a)

b)
c)

Parliament = the body that made laws. Practices Parliamentary Democracy with Constitutional Monarchy. A system of democracy based on the Federation system. Made up of 3 components: His Royal Highness (Yang di-Pertuan Agong) Senate (Dewan Negara) House of Representatives (Dewan Rakyat)

LEGISLATIVE HIS ROYAL HIGHNESS

a) b) c)

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:elects the Prime Minister calls & ends for parliamentary proceedings (following the advice of the Prime Minister) calls for the Council of Rulers Meeting

LEGISLATIVE SENATE

a) b)

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:29 members from the 14 states (including Federal Territory of Labuan & KL). 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 countrys 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 form of '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 Highness Syed Sirajuddin ibni Almarhum Tuanku Syed Putra & Her Royal Highness

Senate (Dewan Negara)

Parliament Building standing majestically symbolizing democracy

House of Representatives (Dewan Rakyat)

EXECUTIVE
Transport Works
Human Resources

Executive

Finance Foreign Affairs

Agriculture
Culture, Arts & Tourism

Cabinet Ministers & Deputy Ministers 25 Ministries

Prime Ministers Dept.

Home Affairs Health

Housing & Local Government

Defence
Domestic Trade & Consumer Affairs

Information
Land & Coop. Development Nat. Unity & Social Dev.

Rural Dev.
Science, Tech. & Environment

Primary Industries
Women & Family Dev. Energy, Comm.
& Multimedia

Int. Trade & Industry

Education
Entrepreneur Dev.

Youth & Sports

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 week that is on Wednesday. Chief of the government civil service is the countrys Chief Secretary (Ketua Setiausaha Negara - KSN).

JUDICIARY
Judiciary

Superior Courts

Subordinate Courts

Supreme Court

Court of Appeal

High Court

Sessions Court

Magistrate Court

Juvenile Court

High Court of Malaya

High Court of Borneo

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 (Ketua Hakim) which is appointed from judges.

JUDICIARY FEDERAL COURT

Main function = to determine whether a law made by Parliament or a State Legislature is invalid on the ground that it makes provision to a matter with respect to which Parliament or, as the case may be, the State Legislature has no 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 and constitutional matters.

JUDICIARY COURT OF APPEAL

Appellate jurisdiction to hear civil and criminal cases 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, appointment and control of guardians of infants, disabled persons & 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, to try cases exceeding RM250,000 but the award is limited to the statutory limit of RM250,000 only.

JUDICIARY MAGISTRATE

a)

Criminal - jurisdiction to try all offences where maximum term of imprisonment does not exceed 10 years & punishable with fine only. (Eg. = robbery or housebreaking). Civil - suits of a civil nature where the amount in dispute does not exceed RM25,000. Pass any sentence allowed by law not exceed:
5 years imprisonment a fine of RM10,000.00 whipping up to 12 strokes or any combination of the sentence above.

b)
c) d)

Federal Court of Malaysia Sultan Abdul Samad Building

Inside the Federal Court