〖西西留博客站〗: 2000

2000年8月1日星期二

武吉公满事件新闻

2000年7月1日星期六

prima facie case竟然译法种种-元照英美法律词典又一违背“译名同一之”佐证！

继上次发现元照英美法词典违背“译名同一律”后，在查阅prima facie case词条时再次发现同一术语在元照里面竟然有几种不同译法。

prima facie case一术语竟然有“表面案件”，“有足夠證據之案件”，“初步證明的案件”，“表面事實”四种译法。真是让人莫衷一是。特粘贴其原文如下。

burden of proof

證明責任　指當事人為避免不利於己的裁判而提出證據證明其主張的事實並說服事實認定者〔trier of fact〕確信其主張的責任。證據法上的一般規則是提出肯定性主張的一方負證明責任，即「誰主張，誰舉證」。所以，在訴訟中證明責任通常首先由原告或控告人〔prosecutor〕承擔，但當其提出了充分證據能夠證明其主張成立，即確立了表面案件〔prima facie case〕時，證明責任即轉移給另一方，但是在刑事訴訟中由於實行無罪推定〔presumption of innocence〕原則，證明被告人有罪的責任由公訴方承擔，被告人不承擔證明自己有罪或無罪的責任，但就某些事實或主張，被告人仍承擔證明責任，如被告人主張自己精神不正常等。在英美證據法理論上，通常認為證明責任包含兩個概念，其一為「舉證責任」〔burden of going forward with evidence or burden of producing evidence〕，即當事人就自己主張的事實應提供充分證據予以證明的責任。該責任在訴訟過程中可在當事人之間來回轉移；其二為「說服責任」〔burden of persuasion〕，即當事人說服事實認定者確信其所提證據指向的事實為真實的責任。依傳統觀點，說服責任在訴訟的任一階段都不會由當事人一方轉移給另一方。承擔證明責任的一方對其主張的證明還必須達到法定的標準，才可使自己免受不利裁判。在不同的案件中該標準也不同。在大多數民事案件中及對某些刑事辯護主張(如精神不正常〔insanity〕)，適用「證據優勢」〔preponderance of the evidence〕的標準；在某些民事案件(如關於民事欺詐〔civil fraud〕)中，適用「清楚而令人信服的證明」〔clear and convincing proof〕的標準；而在刑事案件中對被告人有罪的證明則必須達到「排除合理懷疑」〔beyond a reasonable doubt〕的程度。

directed verdict

指示裁斷　指直接依案件承審法官的命令而對案件作出判決。在這種情況下，法官取代了陪審團作為事實認定者的角色，因為案件的證據非常具有說服力，據此只能合理地得出唯一的結論，或者案件的證據未能確立表面案件的成立〔establish a prima facie case〕。

et inde producit sectam

〈拉〉並據此提起訴訟　這是舊時普通法上原告申述結束時的用語。其原來的意思是原告提起訴訟時帶有證人，其後要求原告所提供的證人的證詞足以構成在有反證前可以認為有足夠證據之案件〔prima facie case〕。在愛德華三世時，這種做法就被廢棄，但該用語仍被沿用。

prima facie case

初步證明的案件　有兩種含義：１原告提出的證據足以支持其訴訟請求，從而可以將案件交付陪審團裁斷；２原告已提出足以支持其訴訟請求的證據，如被告不能提出足以反駁的反證，法庭必然判決原告勝訴。

satisfactory proof of loss

對損失的可信證明　指向保險人提供的有關保險事項所受損失的證明，它應足以證實對一方有利的表面事實〔prima facie case〕成立並且能夠使保險人對其權利和責任作出合理的估計。

出处∶法律英语帝国
原题∶prima facie case竟然译法种种-元照英美法律词典又一违背“译名同一之”佐证！
作者　　∶殷海荣
发表日期∶03-03-2009

2000年6月17日星期六

HTML测试沙包

巫统的两名最高领导人——首相纳吉敦拉萨和他的副手慕尤丁雅欣——之间的权力斗争越来越明显，而在区部阶层，也即是党的核心，战线已经开始呼之欲出。

在上周五，初期布阵已经在登嘉楼显现，两支地方派系，一派是由州务大臣阿末．赛益（Ahmad Said）领导，而另一派则是由前任州务大臣伊德里斯．祖索（Idris Jusoh），来者的对抗已经浮现。

「这是典型的巫统烟幕，他们也许是在攻击民联，可是实际上是巫统内部的混乱。这是传统上众所周知的夺权方式，而这些党阀其实都是在为谁能组织国家领导层而当掮客」瓜拉登嘉楼国会议员华希．恩度（Wahid Endut）告诉《大马纪事》。

查看原文………

2000年5月1日星期一

《道德经》

通行八十一章本

一章
道可道，非常道；名可名，非常名。无名，天地之始；有名，万物之母。故常无欲，以观其妙；常有欲，以观其徼。此两者，同出而异名。同谓之玄，玄之又玄，众妙之门。

二章
天下皆知美之为美，斯恶已；皆知善之为善，斯不善已。故有无相生，难易相成，长短相较，高下相倾，音声相和，前后相随。是以圣人处无为之事，行不言之教。万物作焉而不辞，生而不有，为而不恃，功成而甫居。夫唯甫居，是以不去。

三章
不尚贤，使民不争。不贵难得之货，使民不为盗。不见可欲，使民心不乱。是以圣人之治，虚其心，实其腹，弱其志，强其骨。常使民无知无欲，使夫智者不敢为也。为无为，则无不治。

四章
道冲而用之或不盈。渊兮，似万物之宗。挫其锐，解其纷，和其光，同其尘。湛兮，似或存。吾不知谁之子，象帝之先。

五章
天地不仁，以万物为刍狗。圣人不仁，以百姓为刍狗。天地之间，其犹橐籥乎？虚而不屈，动而愈出。多言数穷，不如守中。

六章
谷神不死，是谓玄牝。玄牝之门，是谓天地根。绵绵若存，用之不勤。

七章
天长地久。天地所以能长久者，以其不自生，故能长久。是以圣人后其身而身先，外其身而身存。非以其无私也，故能成其私。

八章
上善若水。水善利万物而不争，处众人之所恶，故几于道。居善地，心善渊，与善仁，言善信，政善治，事善能，动善时。夫唯不争，故无尤。

九章
持而盈之，不如其已；揣而梲之，不可长保。金玉满堂，莫之能守。富贵而骄，自遗其咎。功成身退，天之道。

十章
载营魄抱一，能无离乎？专气致柔，能婴儿乎？涤除玄览，能无疵乎？爱国治民，能无为乎？天门开阖，能为雌乎？明白四达，能无知乎？生之畜之，生而不有，为而不恃，长而不宰，是谓玄德。

十一章
三十幅共一毂，当其无，有车之用。眼埴以为器，当其无，有器之用。凿户牖以为室，当其无，有室之用。故有之以为利，无之以为用。

十二章
五色，令人目盲；五音，令人耳聋；五味，令人口爽；驰骋畋猎，令人心发狂；难得之货令人行妨。是以圣人为腹不为目，故去彼取此。

十三章
宠辱若惊，贵大患若身。何谓宠辱若惊？宠为下，得之若惊，失之若惊，是谓宠辱若惊。何谓贵大患若身？吾所以有大患者，为吾有身，及吾无身，吾有何患？故贵以身为天下，若可寄天下；爱以身为天下，若可托天下。

十四章
视之不见，名曰夷；听之不闻，名曰希；搏之不得，名曰微。此三者不可致诘，故混而为一。其上不皦，其下不昧，绳绳兮不可名，复归于无物。是谓无状之状，无物之象，是谓恍惚。迎之不见其首，随之不见其后。执古之道，以御今之有。能知古始，是谓道纪。

十五章
古之善为道者，微妙玄通，深不可识。夫唯不可识，故强为之容：豫兮若冬涉川；犹兮若畏四邻；俨兮其若客；涣兮其若凌释；敦兮其若朴；旷兮其若谷；混兮其若浊；孰能浊以静之徐清？孰能安以动之徐生？保此道者不欲盈，夫唯不盈，故能蔽而新成。

十六章
致虚极，守静笃，万物并作，吾以观复。夫物芸芸，各复归其根。归根曰静，静曰复命。复命曰常，知常曰明。不知常，妄作凶。知常容，容乃公，公乃全，全乃天，天乃道，道乃久，没身不殆。

十七章
太上，不知有之；其次，亲而誉之；其次，畏之；其次，侮之。信不足焉，有不信焉。悠兮，其贵言。功成事遂，百姓皆谓我自然。

十八章
大道废，有仁义；智慧出，有大伪；六亲不和，有孝慈；国家混乱，有忠臣。

十九章
绝圣弃智，民利百倍；绝仁弃义，民复孝慈；绝巧弃利，盗贼无有。此三者以为文不足，故令有所属：见素抱朴，少私寡欲，绝学无忧。

二十章
唯之与阿，相去几何？善之与恶，相去若何？人之所畏，不可不畏。荒兮，其未央哉！众人熙熙，如享太牢，如春登台。我独泊兮，其未兆；沌沌兮，如婴儿之未孩；傫傫兮，若无所归。众人皆有余，而我独若遗。我愚人之心也哉！俗人昭昭，我独昏昏。俗人察察，我独闷闷。澹兮，其若海；飂兮，若无止。众人皆有以，而我独顽且鄙。我独异于人，而贵食母。

二十一章
孔德之容，惟道是从。道之为物，惟恍惟惚。惚兮恍兮，其中有象；恍兮惚兮，其中有物；窈兮冥兮，其中有精，其精甚真，其中有信，自今及古，其名不去，以曰众甫。吾何以知众甫之状哉？以此。

二十二章
曲则全，枉则直，洼则盈，蔽则新，少则得，多则惑。是以圣人抱一为天下式。不自见，故明；不自是，故彰；不自伐，故有功；不自矜，故长。夫唯不争，故天下莫能与之争。古之所谓“曲则全”者，其虚言哉？诚，全而归之。

二十三章
希言自然。故飘风不终朝，骤雨不终日。孰为此者？天地。天地尚不能久，而况于人乎？故从事于道者同于道，德者同于德，失者同于失。同于道者，道亦乐得之；同于德者，德亦乐得之；同于失者，失亦乐得之。信不足焉，有不信焉！

二十四章
企者不立；跨者不行；自见者不明；自是者不彰；自伐者无功；自矜者不长。其在道也，曰余食赘形。物或恶之，故有道者不处。

二十五章
有物混成，先天地生。寂兮寥兮，独立而不改，周行而不殆，可以为天地母。吾不知其名，强字之曰道，强为之名曰大。大曰逝，逝曰远，远曰反。故道大，天大，地大，人亦大。域中有四大，而人居其一焉。人法地，地法天，天法道，道法自然。

二十六章
重为轻根，静为躁君。是以君子终日行，不离辎重，虽有荣观燕处超然。奈何万乘之主而以身轻天下？轻则失根，躁则失君。

二十七章
善行，无辙迹；善言，无瑕谪；善数，不用筹策；善闭，无关楗而不可开；善结，无绳约而不可解。是以圣人常善救人，故无弃人；常善救物，故无弃物。是谓袭明。故善人者，不善人之师；不善人者，善人之资。不贵其师，不爱其资，虽智大迷，是谓要妙。

二十八章
知其雄，守其雌，为天下溪。为天下溪，常德不离，复归于婴儿。知其白，守其黑，为天下式。为天下式，常德不忒，复归于无极。知其荣，守其辱，为天下谷，为天下谷，常德乃足，复归于朴。朴散则为器，圣人用之，则为官长，故大制不割。

二十九章
将欲取天下而为之，吾见其不得已。天下神器，不可为也，不可执也。为者败之，执者失之。是以圣人无为，故无败，故无失。夫物或行或随，或歔或吹，或强或羸，或载或隳。是以圣人去甚，去奢，去泰。

三十章
以道佐人主者，不以兵强天下，其事好还。师之所处，荆棘生焉。大军过后，必有凶年。善者，果而已，不敢以取强。果而勿矜，果而勿伐，果而勿骄，果而不得已，果而勿强。物壮则老，是谓不道，不道早已。

三十一章
兵者，不祥之器，物或恶之，故有道者不处。君子居则贵左，用兵则贵右。兵者，不祥之器，非君子之器，不得已而用之，恬淡为上，胜而不美，而美之者，是乐杀人。吉事尚左，凶事尚右。偏将军居左，上将军居右。言以丧礼处之。杀人之众，以悲哀泣之，战胜，以丧礼处之。

三十二章
道常无名。朴虽小，天下莫能臣。侯王若能守之，万物将自宾。天地相合，以降甘露，民莫之命而自匀。始制有名，名亦既有，夫亦将知止，知止可以不殆。譬道之在天下，犹川谷之于江海。

三十三章
知人者智，自知者明。胜人者有力，自胜者强。知足者富，强行者有志。不失其所久。死而不亡者寿。

三十四章
大道汜兮，其可左右。万物恃之以生而不辞，功成而不名有。衣养万物而不为主，可名于小；万物归焉而不为主，可名于大。以其终不自为大，故能成其大。

三十五章
执大象，天下往。往而不害，安平太。乐与饵，过客止。道之出口，淡乎其无味，视之不足见，听之不足闻，用之不足既。

三十六章
将欲歙之，必固张之；将欲弱之，必固强之；将欲废之，必固兴之；将欲取之，必固与之。是谓微明。柔弱胜刚强。鱼不可脱于渊，国之利器不可以示人。

三十七章
道常无为而无不为。侯王若能守之，万物将自化。化而欲作，吾将镇之以无名之朴。镇之于无名之朴，夫将不欲。不欲以静，天下将自定。

三十八章
上德不德，是以有德；下德不失德，是以无德。上德无为而无以为；下德有为而有以为。上仁为之而无以为；上义为之而有以为；上礼为之而莫之应，则攘臂而扔之。故失道而后德，失德而后仁，失仁而后义，失义而后礼。夫礼者，忠信之薄而乱之首。前识者，道之华而愚只始。是以大丈夫处其厚，不居其薄；处其实，不居其华。故去彼取此。

三十九章
昔之得一者：天得一以清；地得一以宁；神得一以灵；谷得一以盈；万物得一以生；侯王得一以为天下贞。其致之也：谓天无以清，将恐裂；地无以宁，将恐废；神无以灵，将恐歇；谷无以盈，将恐竭；侯王无以贞；将恐蹶。故贵以贱为本，高以下为基。是以侯王自称孤、寡、不谷。此非以贱为本也！非乎？故至誉无誉。是故不欲琭琭如玉，珞珞如石。

四十章
反者道之动，弱者道之用。天下万物生于有，有生于无。

四十一章
上士闻道，勤而行之；中士闻道，若存若亡；下士闻道，大笑之。不笑不足以为道。故建言有之：明道若昧；进道若退；夷道若纇。上德若谷；大白若辱；广德若不足；建德若偷；质真若玉。大方无隅；大器晚成；大音希声；大象无形。道隐无名。夫唯道，善贷且成。

四十二章
道生一，一生二，二生三，三生万物。万物负阴而抱阳，冲气以为和。人之所恶，唯孤、寡、不谷，而王公以为称。故物或损之而益，或益之而损。人之所教，我亦教之：强梁者不得其死。吾将以为教父！

四十三章
天下之至柔，驰骋天下之至坚。无有入无间，吾是以知无为之有益。不言之教，无为之益，天下希及之。

四十四章
名与身孰亲？身与货孰多？得与亡孰病？甚爱必大费，多藏必厚亡。故知足不辱，知止不殆，可以长久。

四十五章
大成若缺，其用不弊。大盈若冲，其用不穷。大直若屈，大巧若拙，大辩若讷。躁胜寒，静胜热。青静为天下正。

四十六章
天下有道，却走马以粪；天下无道，戎马生于郊。祸莫大于不知足，咎莫大于欲得。故知足之足，常足矣。

四十七章
不出户，知天下；不窥牖，见天道。其出弥远，其知弥少。是以圣人不行而知，不见而明，不为而成。

四十八章
为学日益，为道日损，损之又损，以至于无为，无为而无不为。取天下常以无事，及其有事，不足以取天下。

四十九章
圣人无常心，以百姓之心为心。善着吾善之，不善者吾亦善之，德善；信者吾信之，不信者吾亦信之，德信。圣人在天下，歙歙焉；为天下，混其心。百姓皆注其耳目，圣人皆孩之。

五十章
出生入死。生之徒，十有三；死之徒，十有三；人之生，动之于死地，亦十有三。夫何故？以其生生之厚。盖闻善摄生者，陆行不遇兕虎，入军不被甲兵。兕无所投其角，虎无所搓其爪，兵无所容其刃。夫何故？以其无死地。

五十一章
道生之，德畜之，物形之，势成之。是以万物莫不尊道而贵德。道之尊，德之贵，夫莫之命而常自然。故道生之，德畜之，长之育之，亭之毒之，养之覆之。生而不有，为而不恃，长而不宰，是谓玄德。

五十二章
天下有始，以为天下母。既得其母，以知其子；既知其子，复守其母，没身不殆。塞其兑，闭其门，终身不勤。开其兑，济其事，终身不救。见小曰明，守柔曰强。用其光，复归其明，无遗身殃，是谓袭常。

五十三章
使我介然有知，行于大道，唯施是畏。大道甚夷，而人好径。朝甚除，田甚芜，仓甚虚。服文采，带利剑，好饮食，财货有余，是谓盗竽。非道也哉！

五十四章
善建者不拔，善抱者不脱，子孙以祭祀不辍。修之于身，其德乃真；修之于家，其德乃余；修之于乡，其德乃长；修之于邦，其德乃丰；修之于天下，其德乃普。故以身观身，以家观家，以乡观乡，以邦观邦，以天下观天下。吾何以知天下然哉？以此。

五十五章
含德之厚，比于赤子。毒虫不螫，猛兽不据，攫鸟不搏，骨弱进柔而握固，未知牝牡之合而朘作，精之至也。终日号而不嘎，和之至也。知和曰常，知常曰明，益生曰祥，心使气曰强。物壮则老，谓之不道，不道早已。

五十六章
知者不言，言者不知。塞其兑，闭其门；挫其锐，解其纷；和其光，同其尘，是谓玄同。故不可得而亲，不可得而疏；不可得而利，不可得而害；不可得而贵，不可得而贱，故为天下贵。

五十七章
以正治国，以奇用兵，以无事取天下。无何以知其然哉？以此：天下多忌讳，而民弥贫；人多利器，国家滋昏；人多伎巧，奇物滋起；法令滋彰，盗贼多有。故圣人云：“我无为，而民自化；我好静，而民自正；我无事，而民自富；我无欲，而民自朴。”

五十八章
其政闷闷，其民淳淳；其政察察，其民缺缺。祸兮，福之所倚；福兮祸之所伏。孰知其极？其无正也，正复为奇，善复为妖。人之迷，其日固久。是以圣人方而不割，廉而不刿，直而不肆，光而不耀。

五十九章
治人事天莫若啬。夫唯啬，是谓蚤服。蚤服谓之重积德；重积德则无不克；无不克则莫知其极；莫知其极，可以有国。有国之母，可以长久。是谓深根固柢，长生久视之道。

六十章
治大国，若烹小鲜。以道莅天下，其鬼不神。非其鬼不神，其神不伤人。非其神不伤人，圣人亦不伤人。夫两不相伤，故德交归焉。

六十一章
大邦者下流，天下之交也。天下之牝，牝常以静胜牡，以静为下。故大邦以下小邦，则取小邦；小邦以下大邦，则取大邦。故或下以取，或下而取。大邦不过欲兼畜人，小邦不过欲入事人。夫两者各得其所欲，大者宜为下。

六十二章
道者，万物之奥，善人之宝，不善人之所保。美言可以市尊，美行可以加人。人之不善，何弃之有？故立天子，置三公。虽有拱、璧、以先四马，不如坐进此道。古之所以贵此道者何？不曰求以得，有罪以免邪！故为天下贵。

六十三章
为无为，事无事，味无味。大小多少，抱怨以德。图难于其易，为大于其细。天下难事，必作于易；天下大事，必作于细。是以圣人终不为大，故能成其大。夫轻诺必寡信，多易必多难。是以圣人犹难之，故终无难矣。

六十四章
其安易持，其未兆易谋，其脆易泮，其微易散。为之于未有，治之于未乱。合抱之木，生于毫末；九层之台，起于累土；千里之行，始于足下。为者败之，执者失之。是以圣人无为古故无败，无执故无失。民之从事，常于几成而败之。慎终如始，则无败事。是以圣人欲不欲，不贵难得之货；学不学，复众人之所过，以辅万物之自然而不敢为。

六十五章
古之善为道者，非以明民，将以愚之。民之难治，以其智多。故以智治国，国之贼；不以智治国，国之福。知此两者亦稽式。常知稽式，是谓玄德。玄德深矣，远矣，与物反矣，然后乃至大顺。

六十六章
江海之所以能为百谷王，以其善下之，故能百谷王。是以圣人欲上民，必以言下之；欲先民，必以身后之。是以圣人处上而民不重，处前而民不害。是以天下乐推而不厌。以其不争，故天下莫能与之争。

六十七章
天下皆谓我道大，似不肖。夫唯大，故似不肖。若肖，久矣其细也夫！我有三宝，持而保之：一曰慈，二曰俭，三曰不敢为天下先。慈故能勇，俭故能广，不敢为天下先，故能成器长。今舍慈且勇，舍俭且广，舍后且先，死矣。夫慈，以战则胜，以守则固。天将救之，以慈卫之。

六十八章
善为士者，不武；善战者，不怒；善胜敌者，不与；善用人者为之下。是谓不争之德，是谓用人之力，是谓配天古之极。

六十九章
用兵有言：“吾不敢为主，而为客；不敢进寸，而退尺。”是谓行无行，攘无臂，扔无敌，执无兵。祸莫大于轻敌，轻敌几丧吾宝。故抗兵相若，哀者胜矣。

七十章
吾言甚易知，甚易行。天下莫能知，莫能行。言有宗，事有君。夫唯无知，是以不我知。知我者希，则我者贵。是以胜任被褐怀玉。

七十一章
知不知，上矣；不知知，病也。圣人不病，以其病病。夫唯病病，是以不病。

七十二章
民不畏威，则大威至。无狎其所居，无厌其所生。夫唯不厌，是以不厌。是以圣人自知不自见，自爱不自贵。故去彼取此。

七十三章
勇于敢则杀，勇于不敢则活。此两者，或利或害。天之所恶，孰知其故？是以圣人犹难之。天之道，不争而善胜，不言而善应，不召而自来，繟然而善谋。天网恢恢，疏而不失。

七十四章
民不畏死，奈何以死惧之？若使民常畏死，而为奇者，吾得执而杀之，孰敢？常有司杀者杀，夫代司杀者杀，是谓代大匠斫。夫代大匠斫者，希有不伤其手者矣。

七十五章
民之饥，以其上食税之多，是以饥。民之难治，以其上之有为，是以难治。民之轻死，以其上求生之厚，是以轻死。夫唯无以生为者，是贤于贵生。

七十六章
人之生也柔弱，其死也坚强。草木之生也柔脆，其死也枯槁。故坚强者死之徒，柔弱者生之徒。是以兵强则灭，木强则折。坚强处下，柔弱处上。

七十七章
天之道，其犹张弓欤？高者抑之，下者举之。有余者损之，不足者补之。天之道，损有余而补不足。人之道则不然，损不足以奉有余。孰能有余以奉天下？唯有道者。是以圣人为而不恃，功成而不处，其不欲见贤。

七十八章
天下莫柔弱于水，而攻坚强者莫之能胜，以其无以易之。弱之胜强，柔之胜刚，天下莫不知，莫能行。是以圣人云：“受国之垢，是谓社稷主；受国不祥，是为天下王。”正言若反。

七十九章
和大怨，必有余怨，安可以为善？是以圣人执左契而不责于人。有德司契，无德司彻。天道无亲，常与善人。

八十章
小国寡民。使有什伯之器而不用。使民重死而不远徙。虽有舟舆，无所乘之；虽有甲兵，无所陈之。使民复结绳而用之。甘其食，美其服，安其居，乐其俗。邻国相望，鸡犬之声相闻，民至老死不相往来。

八十一章
信言不美，美言不信。善者不辩，辩者不善。知者不博，博者不知。圣人不积，既以为人己愈有，既以与人己愈多。天之道，利而不害，圣人之道，为而不争。

2000年4月2日星期日

惠州先民与十九世纪的森美兰钖矿业

目录
（一）前言
（二）森美蘭惠州先民最初慘淡經營礦業的背景
（三）面對土酋勢力爲難之礦區開墾過程
（四）惠州先民創造礦區市鎮繁華之基礎
（Ａ）亞沙
（Ｂ）蘆骨
(五)從森美蘭走向中馬其他區域
结语

（一）前言

森美兰惠州人的历史，最早是在垦殖钖矿区的血泪历程中写下的。

在马来西亚森美兰州的钖苗蕴藏量，仅次于霹雳和雪兰莪两州。在森美兰州，蕴藏最多钖苗的地区，首推东北部的新邦葫芦顶一带，其次是后来带动发展出文丁的首府芙蓉东北部和东南部的亚沙一带，再接下来就是波德中港口北部的瓜拉芦骨一带；这些地区之间，亚沙是最早19世纪有名的矿区，其次是沙都（Setul）和芦骨（Lukut）。1

这几个互相邻近的地区，也成为了来自中国的客属先民，尤其是嘉应州人以及惠州的惠阳、新安、海陆丰等各县乡人，落脚开矿之处。

根据惠州的府志、县志及一般的史料可知，惠州先民的故乡，包括惠阳、紫金、龙川、河源、陆丰，都是钖产区，整个惠州是中国大陆最主要的钖矿地带。因此我们可以知道，十九世纪许多惠州先民到达大马，其中从事采钖并非偶然。他们能带来较先进和成本的高效果技术，比之其它种族更有经验能力。家乡的天灾、人祸，以及欧洲工业革命对钖的需求年年增加，也是历史上的背景原因。

从历史资料去探索，我们可知道早在18世纪中叶，在森美兰的Johol的奔呼卢（Penghulu，头人），便已曾将当地几个钖矿区的开采权，交待给二名华裔处理2。但是，较能充份显示惠州先民在森美兰州落地生根开采钖矿，则要从19世纪留存的史料去爬梳。

在19世纪初，尚属雪兰莪管辖的芦骨，早在1815年，便有华人矿工的踪迹。这批由雪州皇室拉惹吴苏（Raja Busu）负责开矿和引进的华人矿工，在三年后，估计已有两百人，而由雪兰莪苏丹委任一名华人甲必丹负责处理他们的事务3。而，1824年的记录显示，当地的华人矿工依旧是200名；与此接近的时间，1828年，在双溪乌绒地区已有1000名华人矿工聚居，并于亚沙设立总枢4。后来惠州先民在会党斗争中，一直以这二处地点为据点，以及双溪乌绒甲必丹盛明利及叶亚来等海山会党在双溪乌绒失利的撤退方向，都是朝向芦骨，我们可以推论，这两处可能是惠州先民南来森美兰开拓的最早据点。

马六甲州三多庙的《芙蓉炉骨题银芳名》碑记，以惠州人领袖盛明利作为排名第一位之领捐者，捐款16元，亦可反映一个事实：当时的华人，尤其惠州先民，并不是把芙蓉和炉骨（芦骨）分而视之，而是视为关系密切的共同体。从碑文也可知，早在现今的芙蓉市（Seremban）出现之前，在森美兰生活的客家人，已经很习惯的把双溪乌绒称为芙蓉，芙蓉看来是“乌绒”的客家语或粤语译音。到了英国殖民时代，人们还是继续着旧有的习称，把从双溪乌绒的基础上扩展建设的新兴首府，称呼为芙蓉，至今不改森美兰州首府的中文名称。华人迄今惯用对“芙蓉”的称呼，既非今名SEREMBAN的意译或音译，正好折射出此处当年的矿区渊源，也反映开发历史之悠久与华人对它的感情。

今日去回顾惠州先民以及其它的华人社群，会感叹他们最初在芙蓉落脚、开荒采钖的艰苦。我们会发现他们所要面对的，不仅仅是自然灾害。除了要提防陆上虎狼及蛇虫蚁鼠以至水中的鳄鱼为患，他们也面对了人为的灾难，尤其是土酋之间的利害矛盾、不同籍贯社群之缺乏沟通及争夺生存空间，以至殖民主义者的窥伺，使到地方的政治关系错综复杂。结果，十九世纪的惠州先民作为森美兰华人社会史之一部份，并不是平淡的直线发展，而是充满了帮派斗争、武装流血；在其中有着不少的曲折、中断。

（二）森美蘭惠州先民最初慘淡經營礦業的背景

在1874年以前，除海峡殖民地外，马来各邦还保持着独立。各邦的土地所有权属于各邦的苏丹，又同时分封其它封建土侯。这一时期锡矿受到当地苏丹和其它封建土侯的控制。当地苏丹和其它土酋最初的作法是以出售全部产品给海峡殖民地的华商为条件，从海峡殖民地的华商得到贷款，然后用这些贷款购买矿山必需的器材、粮食、衣服以及鸦片等物品，高价出售给华人钖矿企业；他们也同时低价收购后者生产的锡转卖给海峡华商，做的是稳赚的生意。提供贷款的华商一般称为贷款头家。以森美兰为例：19世纪初马六甲的华侨贷款头家即与控制双溪乌绒的一位拥有拿督格拉纳（Dato Klana）衔头的土候签定协议，马六甲的华侨贷款头家每月贷款西班牙银2500元，格拉纳则将全部产品售给马六甲贷款头家。根据协议，土候要求开采锡矿的华人，按每一个炼锡或劳工居住的工寮为单位，在每个炼锡季节交纳3巴哈拉（Bahara，1巴哈拉＝3担＝400磅）锡。另外，每处钖矿每月要交租金西班牙银6元。到1831年又有所改变，双溪乌绒华人从1831年起是从拿督格拉纳等三个马来人土酋那里得到资金去从事锡矿经营。作为交换条伴，华人必须以高于市场的价格向马来人土酋购买日常必需品和鸦片等，他们又得把锡矿产品，根据马来人土酋卖与马六甲贷款头家的价格，用更低的价格卖给马来人土酋。此外，矿区居留地内每新建一个工寮得交100元给土酋。他们每生产1巴哈拉锡得交1元给格拉纳；另一个土酋则垄断鸦片的供应；第三个土酋则每生产1巴哈拉钖征收 0.5元。马来人首领控制着矿山，依靠它垄断着供应矿工必需品和鸦片的利润5。

华侨钖矿业处在当地苏丹和其它封建土侯控制之下，自认是承包商和雇工，当然也就不会有太大的主权意识。在双溪乌绒，尤其复杂，因为当地有拿督格拉纳（Dato Klana）和拿督班达（Dato Bandar）两个统治者共管一区，加上宁宜河区土酋，三方势力，互相消长6。

后来，由于矿区越来越多，苏丹和其它封封建土侯感到无能力完全控制，地方苏丹和其它封建土候便任命不同甲必丹管理各个土邦或地区内的华侨锡矿业，允许华侨锡矿企业直接从海峡殖民地的华侨贷款头家取得贷款，去获得矿山所需的设备和必需生活用品以至鸦片等，并把产品直接售与海峡贷款头家。而苏丹和其它封建土侯则转而征收各种锡税、关税、鸦片税、酒税和赌博税等，又由苏丹和其它封建土侯指定华侨甲必丹为鸦片、酒和赌博等税收的承包人。

正由于各华人社群，当年都并非拥有政府行为保护，离乡后处在陌生环境又得面对不同的语系及地缘的其它华人社群，互相竞争资源，以至常受土酋势力挑衅；结果，缺乏沟通与利益争夺，使得各籍贯先民不能不武装和组成会党势力，以求自保、扎根和扩张。土酋支持会党是基于势力，会党领导者往往被选为甲必丹，而甲必丹要保存利益也离不了会党的拥护7。

华侨经营的钖矿业虽然到了19世纪60年代已经在半岛的钖矿业中占据了主要地位，但是由于当地封建土候间为争夺统治权和矿山的税利而展开不断的斗争、厮杀，华人、包括惠州先民组成的会党也被卷入而互相残杀，其发展受到很大的妨碍。

（三）面對土酋勢力爲難之礦區開墾過程

在十九世纪，人们要到达芙蓉，有水路和陆路两种方法。从水路来的，多是从马六甲乘水艇到宁宜河口，再转用舢舨沿河而上，经过了鳄鱼与毒蛇猛兽随时可能出没的两岸，走四日路程，才能到达亚沙；如果在路程中遇到了退潮，则行程会变得更慢。从陆路上进入芙蓉的，则是由宁宜走约十英里的路程到晏斗，再由晏斗走约十二英里的路程进入双溪乌绒，中间经过的，是红泥路和大森林。不管是从水路上或者陆路上，甚至是矿区里，猛虎毒蛇伤人是常有的事，而森美兰的客家人，却留下了这样的传说：『老虎专吃老人不吃年轻人』，『鳄鱼不咬客家人』8。这样的说法，可以说是反射出先民在生存挣扎中的自我安慰，也可能是源自先民在克服环境过程中对集体累积的经验作夸张的陈诉。但是，它也留下了想象的空间，让人们理解，不论是从宁宜河出入马六甲河口，或从陆路出入双溪乌绒，载着钖苗或日用品的舟车或者人口，都是处身在险恶的环境。当年的华人先民，包括了惠州籍的先民，是在这一环境，成为马来西亚后来经济基础的奠基者。

然而，最可恨的不是毒蛇猛兽，而是一些土候的反复与横行。它使到华人，包括惠州先民，在十九世纪森美兰以至整个马来西亚半岛的开拓历史，从不是直线发展，而是增添不少血泪，一再的中断、转折。

土候们为了争夺政治地位和经济利润，不惜用无数财力和人力互相火并，他们各自在宁宜河的封区内的河岸地带，架起关卡，征收船只的过路费，于是在双溪乌绒境内的大土候拿督格拉纳及拿督班达，以及宁宜封区的土候之间，也不断引起冲突，他们可以随时间变动，一再的妥协。但当某位土候的势力澎涨又必然设法改变原来的关系。9

十九世纪80年代之前，在森美兰的华人社会，包括惠州先民组成的矿业社群，便是经常一再受这些土酋之利益关系之影响，有时被迫发动与土酋的对抗，有时必须与某一位土酋协议，应付另一方的挑战，结果，也必然形成帮派社会的模式，本身亦陷入其中之害。

根据英国人Newbold与Wilson的纪载，我们可以知道，在1828年，双溪乌绒已经有上千名的华籍矿工，分属九个公司，由各自的“头家”负责，而主要的公司组织是天地会。然而，也就在这一年，当地却发生因地方上马来人垂涎华籍矿区财富的事件，发生了大规模的屠杀，使到华人人口顿失，几成废墟（另一项记录说，是华人首先主动攻击，失利撤退）。这一次大屠杀过去了两年之后，钖矿业才有机会恢复元气，1830年，又有400名矿工，由马六甲进入矿区。据 Newbold的1932年的调查，此时，双溪乌绒的3200马来人大部份是米南加保籍，而华人有400人，受雇在矿区的华人薪金每月8元，而马来人薪金每月3到5元10。可怕的是，在他们入境之后三年，这一批矿工，又再被赶走。

在大屠杀发生时，有不少住于双溪乌绒的矿工是南逃到芦骨。当时恰好是芦骨土候拉惹吴苏（Raja Busu）要开发境内钖矿之际，所以双溪乌绒的矿工都被吸收到当地。但拉惹吴苏最初向矿家抽税10%，以后因产量及钖矿价格腾涨，又使他要求更多，不断加税及采取武力压迫矿家，最后，终于也引起了华人会党的报复。在1934年9月，义与会党杀害了拉惹吴苏和不少无辜的马来妇孺，掠夺了20000元财物 11。但事后，这约三、四百名举事的华人，发现杀人、放火的报复行动，并没有为他们自已带来利益，他们很快就受到当地马来土酋势力反击、报复、镇压和驱逐。12

事实上，宁宜河两岸的纷争，一直到1860年代都未曾解决。在殖民地的记录里，我们会知道，华人矿业社群与马来土酋势力的互相消长和纠纷，并不仅仅是发生在1828年到1834年之间，在1844年、1846年、1848年、马六甲华人矿家都一再投诉，他们在森美兰境内的采矿受到土酋的苛捐酷税剥削。而 1848年，森美兰本土马来人与来自苏门答腊的Rawas族人之争，又再造成矿业的瘫痪13。

基于一连串上述事件的记录，并未注明涉及者是否来自惠州籍贯，因此，我们也无从证实事件的涉及者是否为惠州先民。然而，他们只要身在矿区，就不可能有机会置身度外，从1815年芦骨开始引进华人矿工到1834年的二十年间，华人矿区社群与土酋的势力的冲突一再发生，而且，宁宜河一直无法宁宜，造成了死伤狼藉。这一系列资料反映了一个事实：惠州先民在矿区的遭遇是险困的，面对各种危机变量，他们若不以乡情为重生结成团体、以武装去捍卫自己的成果，似乎没有别的选择。

但这样的相争，似乎是不可能追上的，即使当时的马六甲英国海峡殖民地政府，也不得不时时关注土候互相势力争战以及各自设立关卡征收钖税、船税等苛捐，肇成极坏的影响。这不只会影响了矿区生产，也影响了其它贸易，最终是影响了以钖矿出口为主要目标的英国利益。所以1845年到1856年，为了防止土候相争，以及为防土酋设立证税防栅阻挠钖苗和人口出入，英国海殖民地甚至派出炮舰巡视宁宜河14！由此便可知当日先民离家背井、集体在异域开天辟地的严苛。

（四）惠州先民創造礦區市鎮繁華之基礎

无论如何，我们必须注意到，虽然惠州先民一开始进入的环境是如此恶劣，尚要在天灾人祸的环伺间开天辟地，但是，基于每个华人在异地采矿的最终目标是为了生存与寻求未来的安定，因此连串的冲突虽然足于构成历史的真相，帮派斗争却不是历史发展的主流成品，建设才是主流。所以，一次又一次的战火洗礼后，还是有人前赴后继的进入矿区。

据萧桂潾博士之考证：华人在知知港的踪迹，也始于1838年之际，最初者是从彭亨河乘竹筏经过榴槤知贝河，移入柏拉隆河的三叉河口上岸，然后散居在双溪罗丹一带15。这正好是在1828年至1834年的连串不幸事件发生不久之后。

事实上，1860年双溪乌绒的矿业人口也可以说明这一点，当时，当地的华人矿工已达5000人16，比起之前的人口不减反增。这正好说明了建设毕竟是主流。

可见，一次一次大屠杀的事件，并未吓阻了为了生存而挣扎、抱着坚毅精神去开拓异域的华人先民。在整个19世纪，他们背负着各种辛酸，离家另井散布各地方乡镇，最终让后来的一代接一代同胞，走向扎根马来西亚，终于完成与他族合作建立新兴国家的新页。

更值得注意的是芦骨，这个1815年已出现的矿区，看来是惠州同乡的重镇。芦骨那时正当1850年锡业兴盛之后，还继续着那种黄金时代的繁荣。拉惹吴苏去世后，新土候与海山会党的惠州人合作愉快。芦骨自1840年开始欢迎大量华工移入采锡，由于华工卓绝的勤劳操作，也一年复一年地趋于繁荣。那时芦骨的统治者是雪州苏丹的大驸马，名叫珠玛阿德，素有贤能之称。他十分重视华人，因此也极得到华人的合作17，这是惠州人繁荣的一个矿镇。原本的吉隆坡早期的历经甲必丹，从丘秀到刘壬光、到叶亚来，叶石甲必丹，居然都是来自这一地区。

从现有的一些史料，我们可以深信到了1850年代，亚沙和芦骨已经是惠州先民在森美兰的重要据点。或许正因为两地区都有很大部份矿场同属惠州势力，两地社区被视为连成一气，因此，在1857年马六甲三多庙的题捐碑，由盛明利生前领捐的碑文上，才会有“芙蓉炉骨”并称。

（Ａ）亞沙

根据1985年代前已折除的森美兰海陆会馆馆址之建筑历史说法，这老旧馆址是创建在1965年，再据嘉应州客人的梅江会馆自称成立迄今有一百七十余年的历史，我们可以相信地方传说『先有亚沙，后有芙蓉』的说法，正好反映了惠嘉属先民形成的两大势力，在19世纪同处亚沙历史的事实。而梅江会馆的领袖，甲必丹李三的误闯海陆会馆，差点被杀害的说法，已成为他后来被后人记载的青年回忆18，以至又有后来划分地盘时，嘉应州人与海陆人和平共处丝茅坪之说法19。这一切也都足于证明，亚沙曾是海陆丰人为主的惠州籍先人参与开拓的地区，所以才有必要拼死相争和维护地盘。基于李三家族所传的『李三误闯海陆会馆』的年代，比有关馆址创建的说法早，我们更可以怀疑，其实早在这一馆址建馆之前，武装的海陆丰矿区组织，早已存在。

（Ｂ）蘆骨

另一方面，我们也可以从盛明利及叶亚来本身的历史，发现到以惠阳人为主导的势力，在1850年代已经把芦骨这一市镇发展出来。

叶亚来的发迹，源于他19岁那年到了芦骨，他在住柔佛途中把族叔叶五送给他回国的一百元盘缠输光，无脸见人，不能回乡，便与堂兄叶福循海岸小径，向芦骨寻生。叶亚来洗心革面，从此走向名垂千古，固然是他自己的性格决心带来成就。但是，那是讲究乡情以及因此而凝聚成帮派势力的年代；如果芦骨不是一个惠州人集中的地区，又有族人能支持他，而是其它籍贯人土盘距的地区，恐怕叶亚来也投奔不了，更不可能获得信任和拥载。20

我们可以从马六甲三多庙的1857年〈扩建捐缘碑〉，其中《芙蓉炉骨捐题芳名》。盛明利甲必丹等人的捐款众多，发现到当时芙蓉的芦骨的兴旺。这一兴旺，也有外国人观察的根据。威肯逊（Wilkinson）所写的《芦骨》一书，引述马六甲镇守使麦法逊大尉（Captain Macpherson）于1860年领导了英商观察团到雪州视察，所发表的文件。其中有下列的一段：
「芦骨和雪州各属比较起来，是一件极可惊奇的事。因为前者的设备足于和任何欧人所经营的殖民地相比拟。特别可惊异的，是芦骨能够很如意地从林深箐密的丛积中，突然踏上了文化的领域。它那用碎石铺成的道路，填筑得又稳固又平整。在那唯一的华人市街中，所有砖柱板墙和瓦顶所构成的屋宇，排得又整齐又雅观。街边两旁的水沟，流通而整洁。高大巍峨的贷栈，成丛成叠地矗立在沿河的岸上。单这种气象，已称得上繁荣到『民殷物阜』的佳境了。

至次警察的服装，也和马六甲的相类似，警署内部的设备无缺。

此外，还有一事，使我们感觉到很有趣的，就是那间方形的建筑物的赌场，四门都有警察站岗，负责防护赌场的治安；虽则聚赌的人已挤满了赌场，但是管理得体，秩序好到井然不乱。」21

参考上述的史料，我们会知道，盛明利甲必丹及他所带领的惠州社群对芦骨的开发及建设，做得很成功。我们亦会明白了叶亚来等人后来建设吉隆坡，并不是从一无经验开始，而是有所本据。盛明利令人怀念之处，也正由于他曾经创造一个繁荣昌盛的矿区市镇，可惜他壮志未酬身先死，以至后来全马各地许多矿区，竟奉他为神，足于弥补他在人间的遗憾。

(五)從森美蘭走向中馬其他區域

1860年年中，双溪乌绒再次发生马来土酋势力与华人会党纠缠的派系斗争惨案。这一次惨案之后，造成了不少惠州先民出走，却无形中也就使他们的足迹散布到其它地区。

双溪乌绒的两名统治者，拿督格拉纳与拿督班达，原本就一再因之前争夺钖米的开矿权和保护费，不曾停止过矛盾，而盛明利生前为了族人的利益，也一再设法替双方调解及尽义务。

根据殖民地官方记录，在1850年，到了8月间，当拿督格拉纳和林茂（Rembun）土酋，企图在当时为数14000的华人身上抽取4000元的征税，换来华人的反抗，土酋们便立即联手采取了封锁沿河关卡，企图以威胁的手法，使到华人社区断绝米粮，也令日常用品入口中断。这一来就造成华人不得不攻打马来土酋势力。但是，这一次的反抗，遭遇到土酋势力的镇压，超过二百余名的华人矿工被杀，许多人都丧命，幸存者纷纷朝马六甲及芦骨撒退。22

根据主要是华人的另一些记录，海山会党在1860年8月26日，因敌人来攻之际，准备不足，仓促应战，盛明利带着残余部队撒回芦骨途，兵败遇杀，为拿督班达所杀。23

这事件，显然也影响当时双溪乌绒已达14000的华人人口。

这场战争，后来延续了六个月，华人被杀害的有6000余人。当战事初期溃败时，能撒回芦骨的海山党人、惠州先民幸赖有马来盟友珠玛阿德派人鸤锣发讯，收容庇护，才有机会休息生养。24

我们可以发现，这之后，不少撒到芦骨或马六甲的惠州先人，包括了领袖人物刘壬光、叶亚来、叶石（致英）等人，在接下去的年代，其实是转战于雪兰莪州，最后且为今日马来西亚首府吉隆坡的经济与社会建设奠下了基础。

其中，也有从班底路绕汾水凹山腰到日叻务，开拓知知港各地。

从盛明利子孙的口述，我们也知道当时文丁又是另一撒退地点25。

而与此同时，我们可以知，至迟1865年到1870年之间，亚沙的海陆会馆和鹅城会馆已经有了馆址，这说明了即使是经历了1860年的苦战和牺牲，帮派之争尚未消弭之际，惠州先民们也并未完全撒离双溪乌绒，还是有许多人坚守着据点，坚持了一边防守、一边开垦生活方式。

1874年，新继任的拿督格拉纳和老拿督班达又闹矛盾，而林茂的土酋也在为继承问题纠纷之际，不约而同在宁宜河设非法关卡向华人矿区抽税；此际双溪乌绒再次蕴酿海山与义兴火拼。英国官员到当地调查时，发现到当时惠州先民的矿区，都是围栅和武装，收容了数千从吉隆坡内战退到当地休息生养的同乡26。这种景象说明这种以会党为基础、一边备战一边生产的不安定开垦方式是先民的生活方式。当年鹅城和海陆会馆的成员，就是在这种不安定的情况下为后人建立在森美兰的根基。

1874年11月，源自海山公司的惠州领袖，甲必丹丘三，一方面面对敌对会党作战，另一方面又与敌对会党不约而同的支持了拿督班达的抗英斗争。最后，他与敌对会党的甲必丹受到英国人的逮捕和『招安』，他们受到了英国人安排共享利益，联手处理华人事务27。这似乎是华人脱离面对土酋压迫与互相斗争，开始进入转型的时代。相信在那之后，鹅城会馆与海陆会馆照顾同乡养生送死及敦睦乡谊的功能已全然发挥，比之很大部分惠州先民比前依赖海山公司战斗，会馆时代更重要的是以各种福利，调节成员的贫、富差距。

对照1874年之后的史料，我们发现到鹅城会馆创办人的名单中有盛大安、邓佑伯、黄三伯、陈三伯、以及最后一位丘国安伯五人，皆曾是甲必丹28，而到 1884年，新加坡华民事务官F.Pomell的报告书中，提到海山没有会所，丘三还是其中一名领袖29。而根据海陆会馆史料所述的创办人之一汤福寿，在 1902年到1907年出任了鹅城会馆总理。

结语

我们观察19世纪森美兰的惠州先民之历史会发现，到1874年为止，他们的生活是在动荡不安的情况下渡过的。但是，他们坚持在这一个地区开拓的后果，便成就了后人今日可以一时安定的局面。

尤其不可不注意的是，早期的先民不外是在打工制和贡纳制两种条件下生活，我们更可深深体会到他们所受的委屈。

来到今日，我们庆幸用血换取生存的难辛时代已过去；而他们的血汗居然因各种时势造就、灌溉出了一个属于海外惠州人积极参与也扮演着角色的新国家。许多先人原本不愿离乡背井，却大部分埋骨异域，這一代人地的先人吗？

注
１）颜清湟：《森美兰史》（新加坡；星洲世界书局，1962），页169。
２）彭家礼：《英属马来西亚的开发》（商务印书馆，1983年版），页48-49。
３）Wong Kin Ken, The Malaysia Tin Industry to 1914 (Tucson: University of Arizona Press, 1965)，页18。
４）R.J.Wilkinson, Sungai Ujong and Notes of Negeri Sembilan, JSBRAS, 1921。
５）同注3，页84-85。
６）参同注1，页73-74，页170-172
７）1860年，芙蓉仅有惠州甲必丹，1874年变成广、惠、嘉三籍各一，可证此说。另参注26及27。
８）陈嵩杰作、陈志安编：《寻根：森美兰华族先民的足迹》（森美兰：森美兰中华大会堂，星洲日报联合出版，1992）页1-3
９）同注１，页171-172
１０）T.J. Newbold, Political & Statistical Account of the British Settlements in the Straits of Malacca (1839) London,页33-34, Wilkinson JSBRAS, 1921
and F.W.Wilson, The Chinese Secret Society of the Ticn Ti Huih JRAS, VI (1840-1)
１１）同注３。
１２）巴素著，刘前度译：《马来西亚华侨史》（槟城光华日报，1950），页129。参注10。
１３）Wilfred Blythe. G.M.G, The Impact of Chinese Secret Societies In Malaya, (London: Oxford University Press, 1969), 页116-117。
１４）参同注１，页126-127。
１５）同注８，页3。
１６）同注１，页170。
１７）王植原：《叶德来传》（吉隆坡：艺华出版印刷有限公司，1958），页21
１８）同注８，页24-25。
１９）《李鸿裕先生》，载《霹雳客属公会开幕纪念特刊》（霹雳：客属公会，1951），页551。
２０）同注1７，页20，22-23。
２１）同注1７，页21-22。
２２）同注１３，页118。
２３）参注１，页179。另参同注17，页27-29。
２４）同注１７，页30。
２５）同注８，页12-13。
２６）同上注，页188-189。
２７）同上注，页190。
２８）见森美兰惠州会馆内悬挂之1940年创办人纪念牌。
２９）Leon Comber, "Chinese Secrect Society in Malaya" (Donald Moore, Singapore, 1959)，页232。
３０）对照《森美兰惠州会馆百年纪念特刊》（1970），页31及页81。

附錄：

十九世纪的华人钖矿『公司』制度

19世纪华侨经营的锡矿组织一般部称为『公司』，其经营形式主要有两种，一是打工制，一是贡纳制。打工制也叫公司制。打工制的关键人物是略有资本的个体采矿者。他既是地质家、探矿家和采矿专家，又是出资采矿的头家，也即矿场主或企业主。他找到矿地，从矿地所有者取得开采权后，即招引华工（通常是他信得过的乡族戚友）前来“打工”，修建工寮、淘锡水道，购置采锡和炼锡设备。一般由于资本所限，他在做了上述工作以后，不得不向海峡殖民地的华商贷款来作为开采的费用，所贷款项大部分为实物，即以高于市价的价格从贷款人那里取得矿工必需的食物、衣服以及鸦片、烟叶等，条件是贷款人要分得锡产量的1/10，其余的锡也要以低于市价4%的价格卖与贷款人。“打工”工人的工资年底一次结清。矿场头家则得到锡产量的1/10和扣除各项开支（包括垫款）后的利润。

贡纳工制由矿场地主、贷款人（或叫财东）、头家行东（或叫矿工总管）和贡纳工组成，它的特点是采锡所得，矿场地主、财东和头家各得1/10，余下7/10 归贡纳工分配。在这种制度下，矿场地主拥有矿场租借权，负责修建工寮和装置水泵、水道等矿场设衔，结账时他先分得锡产量的1/10，而不问矿场是否盈亏。财东负责管理矿上的全部账目，以高于市价的价格赊贷食物、衣服等必需品和鸦片、烟叶等给矿工，按市价购买全部锡砂。头家行东是贡纳工的头头，代表他们与矿场地主和财东签订入伙合同，负责安排管理矿场的日常生产工作，工人闹事时有权加以惩罚而不必报告警察。在大矿，他手下还有几名助手。赊售给工人的鸦片，他要加收10%的『佣金』。贡纳工是按劳动入股、按份额分享实物分成的入伙人，并不是固定工资劳动者。他要参加采锡劳功，有的贡纳工一人占有几个份额，他可雇用“新客”帮他劳动，由他领取按份额分成的实物。因此贡纳工制也称『份子家制』或『合份制』。因为矿工劳动所得分别要向矿场地主、财东和头家行东缴纳什一“贡赋”，所以又叫『贡纳制』或『十抽一制』。矿工在开采锡矿八个月第一次结账时，所得份额如果达不到7/10，可计入年底第二次结账时领取。如采矿场八个月内结束而又亏损，矿工将什么也分不到。贡纳制出现于打工制之后，但在1875年已通行于拿律，1880年通行于霹霹，1882年通行于双溪乌绒，1885年在雪兰莪出现，进入19世纪90年代后已通行于整个半岛，成为马来亚华侨锡矿业的主要经营形式。

但是，华侨锡矿业不论是采用打工制还是贡纳制，其主要资金都来自以高利息为前提的实物贷款制。可以说，以高利息为前提的实物贷款制是采用打工制或贡纳制的华侨锡矿业的经营基础。在打工制及贡纳制这两种经营形式中，贷款头家通过以高利息为前提的实物贷款制提供经营资金和包买全部来得的锡，从生产和销售两方面控制了华侨锡矿业。虽然贷款头家有大、中、小之分，或居于海峡殖民地，或住于锡产区，但实物贷款制即华侨锡矿业的主要经营资金的最终来源，是海峡殖民地的贷款头家。非常明显，控制着华侨锡矿业的是高利贷商业资本。同时，这一时期华侨锡矿业的许多贷款头家、企业主、包工头（包括头家行东），不是秘密会党有权势的代表人物，就是与之联系密切的人物，有的甚至集秘密会党首领、贷款头家和企业主于一身。霹雳的海山公司首领、甲必丹郑景贵，义兴公司首领、甲必丹陈亚炎、吉隆坡海山公司首领叶亚来、槟榔屿大伯公司首领邱天德（即李长博《中国殖民史》中的陈德）等，就都既是大贷款头家，又是拥有很多矿场的大矿业主，税收的大承包人。打工制和贡纳制下的华侨锡矿业，利用矿工的宗族戚友关系和秘密会党帮派势力，实行封建宗法统治。所以，这一时期华侨锡矿业的经营方式打工制和贡纳制，和种植业的港主制一样，也是商业高利贷资本控制和支配下的封建生产方式。19世纪未、20世纪初，随着秘密会党的取缔，实物工资惯例的禁止、税收承包制度的取消、契约华工制的废除，打工制和贡纳制失去了基础，遂逐渐为资本主义雇佣制计件包工制取代了。

摘录自：林远辉，张应龙编：《新加坡马来西亚华侨史》（广东高等教育出版社，1991），页162-164。

陈独秀：我们究竟应当不应当爱国

爱国！爱国！这种声浪，近年以来几乎吹满了我们中国的各种社会。就是腐败官僚野蛮军人，口头上也常常挂着爱国的字样。就是卖国党也不敢公然说出不必爱国的话。自从山东问题发生，爱国的声浪更陡然高起十万八千丈，似乎『爱国』这两字，竟是天经地义，不容讨论的了。
　　　　
感情和理性，都是人类心灵重要的部分，而且有时两相冲突。爱国大部分是感情的产物，理性不过占一小部分，有时竟全然不合乎理性（德国和日本的军人，就是如此）。人类行为，自然是感情冲动的结果。我以为若是用理性做感情冲动的基础，那感情才能够始终热烈坚固不可摇动。当社会上人人感情热烈的时候，他们自以为天经地义的盲动，往往失了理性，做出自己不能认识的罪恶（欧战时法国、英国市民打杀非战派，就是如此）。这是因为群众心理不用理性做感情的基础，所以群众的盲动，有时为善，有时也可为恶。因此我要在大家热心盲从的天经地义之『爱国』声中，提出理性的讨论，问问大家，我们究竟应当不应当爱国？
　　　　
若不加以理性的讨论，社会上盲从欢呼的爱国，做官的用强力禁止我们爱国，或是下命令劝我们爱国，都不能做我们始终坚持有信仰的行为之动机。
　　　　
要问我们应当不应当爱国，先要问国家是什么。原来国家不过是人民集合对外抵抗别人压迫的组织，对内调和人民纷争的机关。善人利用他可以抵抗异族压迫，调和国内纷争。恶人利用他可以外而压迫异族，内而压迫人民。
　　　　
我们中华民族，自古闭关，独霸东洋，和欧美日本通商立约以前，只有天下观念，没有国家观念。所以爱国思想，在我们普遍的国民根性上，印象十分浅保要想把爱国思想，造成永久的非一时的，和自古列国并立的欧洲民族一样，恐怕不大容易。
　　　　
欧洲民族，自古列国并立，国家观念很深，所以爱国思想成了永久的国民性。近来有一部分思想高远的人，或是相信个人主义，或是相信世界主义，不但窥破国家是人为的不是自然的，并且眼见耳闻许多对内对外的黑暗罪恶，都是在国家名义之下做出来的。他们既然反对国家，自然不主张爱国的了。在他们眼里看起来，爱国就是害人的别名。所以他们把爱国杀身的志士，都当做迷妄疯狂。
　　　　
我们中国人无教育无知识无团结力，我们不爱国，和那班思想高远的人不爱国，绝不是一样见解。官场阻止国民爱国运动，不用说更和那班思想高远的人用意不同。我现在虽不能希望我们无教育无知识无团结力的同胞都有高远思想，我却不情愿我们同胞长此无教育无知识无团结力。即是相信我们同胞从此有教育有知识有团结力，然后才有资格和各国思想高远的人共同组织大同世界。
　　　　
我们中国是贫弱受人压迫的国家，对内固然造了许多罪恶，『爱国』二字往往可以用做搜刮民财压迫个人的利器，然后对外一时万没有压迫别人的资格。若防备政府利用国家主义和国民的爱国心，去压迫别国人，简直是说梦话。
　　　　
思想高远的人反对爱国，乃是可恶野心家利用他压迫别人。我们中国现在不但不能压迫别人，已经被别人压迫得几乎没有生存的余地了。并非压迫别人，以为抵抗压迫自谋生存而爱国，无论什么思想高远的人，也未必反对。个人自爱心无论如何发达，只要不伤害他人生存，没有什么罪恶。
　　　　
据以上的讨论，若有人问：我们究竟应当不应当爱国？我们便大声答道：
　　　　
我们爱的是人民拿出爱国心抵抗被人压迫的国家，不是政府利用人民爱国心压迫别人的国家。
　　　　
我们爱的是国家为人民谋幸福的国家，不是人民为国家做牺牲的国家。
　　　　
1919年6月8日《每周评论》第二十五号

2000年4月1日星期六

汶莱人民武装起义前因后果

1962年12月8日，北加里曼丹的汶莱人民发动了举世瞩目的武装起义。

汶莱人民起义的原因

19世纪80年代，汶莱(Brunei)沦为英国的保护国，在国防、治安与外交方面受到英国的控制，经济上也主要是满足英国的利益需要。汶莱实质上是英国的殖民地。

第二次世界大战后，社会主义运动和民族独立解放运动，在亚、非、拉各殖民地、半殖民地国家和地区蓬勃发展。这一汹涌澎湃的反帝反殖的浪潮，冲击着英殖民主义者，名符其实的老奸巨滑的英殖民主义者便制造出新殖民主义产物－马来西亚计划；通过这一计划，表面上『还政于民』，实质上通过其代理人，继续控制其殖民地，继续保持其经济等方面的利益。马来西亚计划的提出，也遭到汶莱人民的反对。汶莱苏丹也拒绝接受，他深知加入了『大马』将失去石油的利益。

早在20世纪40年代中，汶莱人民就开始了争取独立的斗争。1956年1月22日成立了汶莱人民党〔Brunei People’s Party〕，在党主席阿查哈里〔A.M.Azahari〕和党秘书长阿凡提〔Afiandy〕的领导下，反对英殖民当局的假合并和争取独立的斗争，发展更是一日千里。汶莱人民党得到汶莱8万4千人口的压倒性的支持。

汶莱人民党组织群众，宣传群众，开展各种群众运动。1961年6月17日，它联合职工总会，在汶莱市举办约有15，000人参加的群众大会，大会上通过要求在1963年获得完全的独立，他们要求英殖民政府宪法规定，立即宣布选举日期，但却受到忽视罔闻。於是，该党便于同年8月7日，在汶莱市发动一场全民大示威，游行队伍长达4公里,抗议当局展延选举。

在汶莱人民的一再斗争下，1962年8月20日,英殖民当局被迫在汶莱举行了第一届县一级的地方议会和立法议会选举。汶莱人民党以反对党的姿态出现,在全部55个县议员中，赢得了54席，而另一席为独立人士，后来也加入了人民党。民选立法议员16位也全部指定（立法议会还有17个官委议员）。

9月9日，该党联合砂拉越人民联合党、北婆（1963年9月改名沙巴）巴索摩摩根国民联合机构，向联合国提呈备忘录。备忘录强调，汶、砂和沙应先取得独立和自治，然后才考虑进行联邦计划，他们要求联合国出面干涉英国将这些地区的主权移交给马来亚联合邦，否定当地人民自决和独立的权利。

汶莱人民党还准备在12月5日召开的立法议会上，提出「要求英国取消大马计划，让北婆三邦人民自决前途」和「要求英国于1963年把北婆三邦的主权交回给人民，以便建立一个以苏丹为元首的独立、民主联邦」，等议案。可是，这些正当合理要求、提案，都遭到英殖民政府的无理拒绝！

汶莱人民党不但在议会选举中取得了完全的胜利，而且继续采取和平合法的手段去争取独立，依然达不到目的。显而易见，英殖民主义者的议会选举，不过是彻头彻尾的骗局。事实证明英殖民主义者绝对不会轻易让它的殖民地完全独立，也绝对不会将政权交给人民。是可忍，孰不可忍！汶莱人民党终于被迫领导汶莱人民爆发了武装起义。

起义的过程和影响

1962年12月8日，汶莱人民党被迫发动武装起义。武装起义总司令是阿凡提，军事司令是柴士哈志卡林，他们宣布成立北加里曼丹国民军〔Tentera Negara Kalimantan Udara - TNKU〕总部设在汶莱市郊的沙礼里山上，他们的行动计划是攻进苏丹皇宫，活捉汶莱苏丹奥玛阿里赛弗丁，占领所有的警署及油田。

由于事前他们进行军事训练，纷纷购买青布、刀、水壶、鞋和粮食等，而引起了哄动。12月6日，老越人民党的负责人砂米〔Sami〕被当地县官调去盘问后被捕，而泄漏了起义的机密，被破获约二百件军服和一百多支猎枪。7日上午，砂拉越第四省省长也接获密报，他即呈报砂拉越殖民地政府当局，也呈报沙巴与汶莱的警察总监。三邦的保安当局立即采取必要的防备措施，以便应付可能面对的局面。

由于起义计划的秘密已被泄漏，起义被迫提前爆发。于是1962年12月8日清晨2时开始起义。起义军很快便成功占领汶莱的发电站，切断全市电流。300名起义军攻击警署，也分兵进攻苏丹皇宫、首相署及英专员署。汶莱各地区警署受到攻打，几天内有将近20个市镇被攻占，其中包括都东、石油霸镇诗里亚及邦卡。这场由汶莱马来人领导的武装斗争波及砂拉越与沙巴。砂拉越第一省12哩的爪哇村、第二省的成邦江和第三省的拉佬都有他们的人蠢蠢欲动，他们还结合砂拉越第五省林梦起义军约200人占领林梦4天，同时，他们也结合在砂拉越第四省的实务地起义军占领实务地3天。沙巴的实必丹也有约200名马来人参加了起义斗争。

这场武装起义大大地震撼了英殖民政府，在澳洲和纽西兰的支持下，先后从新加坡空运三千多名军人去汶莱，驻在纳闽的英空军也派飞机赴沙巴，运载警察野战部队前往汶莱。后续部队也在增援中，向汶莱人民党及其北加国民军进行海陆空的反击。马来亚联盟政府也派出一支200人的特种警察部队参战，砂拉越也增援野战部队到美里。古晋辅政局于8日在总督同意下，依据《1962年公安法令》所赋予的权力，即日起生效，以应变，并宣布《1962年公安法令》第三条宵禁令在第四、五省内正式生效。马来亚总理东姑阿都拉曼即刻与保安首长召开紧急会议，研究局势与对策。东姑还煞有介事的声明说，汶莱的『叛变』与建议倡组的『马来西亚联邦』没有关系，并不断的声明，汶莱人民对于参加大马与否，可以『自由』选择决定。

12月20日，起义被全面的镇压，一批起义军英勇牺牲包括起义军司令也在战斗中英勇牺牲，一批起义军被捕，只有小部分退到丛林，坚持约两个多月也先后被捕和失散。人民党受到取缔，共有2300多名党员被逮捕。阿查哈里主席流亡到菲律宾的首都马尼拉，在那儿他宣布成立『北加里曼丹合众国』〔Negara Kesatuan Kalimantan Udara -NKKU〕，他为总理、外长和防长，并号召人民继续斗争，他还宣称，将率领代表团赴联合国，向联合国大会提出新政府的案情，并要求给予承认，后来他流亡到印尼，在印尼政府协助下成立了北加里曼丹国民军。

英殖民政府对汶莱人民的武装起义和它可能带来的影响极为关注，除了全力镇压汶莱人民武装起义外，12月11日，它沾染人民鲜血的魔爪伸向砂拉越，悍然撕下『民主』的面纱，露出狰狞面目，展开全面的大逮捕、大搜查。几天内就有人联党的50多位包括立法议员、各级领袖以及地下革命组织的成员被捕。在英殖民政府的镇压下，砂拉越许多革命者被迫转入农村，有的转入地下，许多人联党的支分部呈现瘫痪停顿的状态，地下革命组织也受到严重打击。

英殖民政府玩弄『议会民主』的骗局，死抱住政权不交回人民，迫使汶莱人民勇敢的揭竿而起，他们进一步对砂拉越人民的蛮横镇压，也就宣判了『议会民主』的死亡，从而加速了砂拉越人民被迫走上武装斗争的道路。

起义失败的原因

汶莱人民党拥有26000名党员，而且有广泛的群众基础，为何起义却在那么短的时间内就被英殖民主义者镇压下去？归纳起来，原因有以下四点：

（一）武装起义的武装力量不够强大。不但领导武装起义的领导缺乏军事经验，起义者也绝大多数不懂军事、缺乏军事训练，而且武器也简陋。

（二）缺乏长期武装斗争的思想准备和实行农村包围城市的战略。起义仅限于城市，没有利用农村和森林为依托。

加上对艰巨复杂的武装斗争估计不足，也低估敌人的力量，过高估计自己的力量，以为突然袭击，就可以成功，没有准备退却到农村和边界，建立基地与革命根据地，进行游击战的战略持久战。因而一旦攻城的预想计划不能实现，在强大的、训练有素的英军、辜加兵和其他兵种的反攻之下，败下阵来。

（三）没有得到兄弟党、组织的配合，没有得到国际的有力支援。

在『12•8』事件之前，汶莱地下组织的代表Hidup（在攻打皇宫时牺牲）和Abdulah Jafar（后被扑）通过雷皓明在美里加拿大山会见了砂拉越解放同盟的最主要领导人文铭权，他们表示要武装起义，文则表示砂拉越还未有条件，武装斗争主要依靠山区民族工作还缺乏基础，但他们表示他们有条件，而必须按原规定的计划去执行。虽然沙巴和砂拉越一些地方有他们的人和一些势力，但这毕竟还是分散的，力量有限，很难起到有力的支援配合。

发动起义前他们认为会得到印尼和菲律宾的即时和强力支援以及国际的压力会迫使英帝不敢镇压起义，结果出乎他们预料。

（四）在英殖民主义军队的及时强有力的镇压下，汶莱人民的武装起义虽然很快失败了，但汶莱人民为国家独立、民族解放而敢于斗争、不畏强敌的革命精神是了不起的，是北加里曼丹人民的光辉榜样，永远值得讴歌赞颂，汶莱人民是有志气的，是不可欺的。所有在汶莱起义中光荣牺牲的烈士们永垂不朽！汶莱人民武装起义为北加里曼丹历史添写了光辉的一页，永载史册。

2000年3月1日星期三

乔治·奥威尔【1984】第一部　第一节

《一九八四》是一部具有强烈的预言性质的幻想小说，《一九八四》中除了电幕以外，与科学有多少关系。它是一部政治小说，但也是一部艺术杰作。让人惊叹的是：从来没有到过社会主义国家的作为左派的奥威尔，竟然早在1948年就预言了社会主义的极权统治。

　　四月间，天气寒冷晴朗，钟敲了十三下。温斯顿史密斯（Winston Smith）为了要躲寒风，紧缩着脖子，很快地溜进了胜利大厦的玻璃门，不过动作不够迅速，没有能够防止一阵沙土跟着他刮进了门。

　　门厅里有一股熬白菜和旧地席的气味。门厅的一头，有一张彩色的招贴画钉在墙上，在室内悬挂略为嫌大了一些。

　　画的是一张很大的面孔，有一米多宽：这是一个大约四十五岁的男人的脸，留着浓密的黑胡子，面部线条粗犷英俊。温斯顿朝楼梯走去。用不着试电梯。即使最顺利的时候，电梯也是很少开的，现在又是白天停电。这是为了筹备举行『仇恨周』（Hate Week）而实行节约。温斯顿的住所在七层楼上，他三十九岁，右脚脖子上患静脉曲张，因此爬得很慢，一路上休息了好几次。每上一层楼，正对着电梯门的墙上就有那幅画着很大脸庞的招贴画凝视着。这是属于这样的一类画，你不论走到哪里，画面中的眼光总是跟着你。下面的文字说明是：『老大哥』在看着你（BIG BROTHER IS WATCHING YOU）。

　　在他住所里面，有个圆润的嗓子在念一系列与生铁产量有关的数字。声音来自一块象毛玻璃一样的椭圆形金属板，这构成右边墙壁的一部分墙面。温斯顿按了一个开关，声音就轻了一些，不过说的话仍听得清楚。这个装置（叫做电幕（telescreen））可以放低声音，可是没有办法完全关上。他走到窗边。他的身材瘦小纤弱，蓝色的工作服——那是党内的制服——更加突出了他身子的单薄。他的头发很淡，脸色天生红润，他的皮肤由于用粗肥皂和钝刀片，再加上刚刚过去的寒冬，显得有点粗糙。

　　外面，即使通过关上的玻璃窗，看上去也是寒冷的。在下面街心里，阵阵的小卷风把尘土和碎纸吹卷起来，虽然阳光灿烂，天空蔚蓝，可是除了到处贴着的招贴画以外，似乎什么东西都没有颜色。那张留着黑胡子的脸从每一个关键地方向下凝视。在对面那所房子的正面就有一幅，文字说明是：『老大哥』在看着你。那双黑色的眼睛目不转睛地看着温斯顿的眼睛。在下面街上有另外一张招贴画，一角给撕破了，在风中不时地吹拍着，一会儿盖上，一会儿又露出唯一的一个词儿『英社』（INGSOC）。在远处，一架直升飞机在屋预上面掠过，象一只蓝色的瓶子似的徘徊了一会，又绕个弯儿飞走。这是警察巡逻队，在伺察人们的窗户。不过巡逻队并不可怕，只有思想警察（Thought Police）才可怕。

　　在温斯顿的身后，电幕上的声音仍在喋喋不休地报告生铁产量和第九个三年计划的超额完成情况。电幕能够同时接收和放送。温斯顿发出的任何声音，只要比极低声的细语大一点，它就可以接收到；此外，只要他留在那块金属板的视野之内，除了能听到他的声音之外，也能看到他的行动。当然，没有办法知道，在某一特定的时间里，你的一言一行是否都有人在监视着。思想警察究竟多么经常，或者根据什么安排在接收某个人的线路，那你就只能猜测了。甚至可以想象，他们对每个人都是从头到尾一直在监视着的。反正不论什么时候，只要他们高兴，他们都可以接上你的线路。你只能在这样的假定下生活——从已经成为本能的习惯出发，你早已这样生活了：你发出的每一个声音，都是有人听到的，你作的每一个动作，除非在黑暗中，都是有人仔细观察的。

　　温斯顿继续背对着电幕。这样比较安全些；不过他也很明白，甚至背部有时也能暴露问题的。一公里以外，他工作的单位真理部（Ministry of Truth）高耸在阴沉的市景之上，建筑高大，一片白色。这，他带着有些模糊的厌恶情绪想——这就是伦敦，一号空降场的主要城市，一号空降场是大洋国（Oceania）人口位居第三的省份。他竭力想挤出一些童年时代的记忆来，能够告诉他伦敦是不是一直都是这样的。是不是一直有这些景象：破败的十九世纪房子，墙头用木材撑着，窗户钉上了硬纸板，屋顶上盖着波纹铁皮，倒塌的花园围墙东倒西歪；还有那尘土飞扬、破砖残瓦上野草丛生的空袭地点；还有那炸弹清出了一大块空地，上面忽然出现了许多象鸡笼似的肮脏木房子的地方。可是没有用，他记不起来了；除了一系列没有背景、模糊难辨的、灯光灿烂的画面以外，他的童年已不留下什么记忆了。

　　真理部——用新话来说叫真部（Minitrue）——同视野里的任何其他东西都有令人吃惊的不同。这是一个庞大的金字塔式的建筑，白色的水泥晶晶发亮，一层接着一层上升，一直升到高空三百米。从温斯顿站着的地方，正好可以看到党的三句口号，这是用很漂亮的字体写在白色的墙面上的：

　　战争即和平　　WAR IS PEACE
　　自由即奴役　　FREEDOM IS SLAVERY
　　无知即力量。　IGNORANCE IS STRENGTH

　　据说，真理部在地面上有三千间屋子，和地面下的结构相等。在伦敦别的地方，还有三所其他的建筑，外表和大小与此相同。它们使周围的建筑仿佛小巫见了大巫，因此你从胜利大厦的屋顶上可以同时看到这四所建筑。它们是整个政府机构四部的所在地：真理部负责新闻、娱乐、教育、艺术；和平部（Ministry of Peace）负责战争；友爱部（The Ministry of Love）维持法律和秩序；富裕部（Ministry of Plenty）负责经济事务。用新话来说，它们分别称为真部（Minitrue）、和部（Minipax）、爱部（Miniluv）、富部（Miniplenty）。

　　真正教人害怕的部是友爱部．它连一扇窗户也没有。温斯顿从来没有到友爱部去过，也从来没有走近距它半公里之内的地带．这个地方，除非因公，是无法进入的，而且进去也要通过重重铁丝网、铁门、隐蔽的机枪阵地．甚至在环绕它的屏障之外的大街上，也有穿着黑色制服、携带连枷棍的凶神恶煞般的警卫在巡逻。

　　温斯顿突然转过身来．这时他已经使自已的脸部现出一种安详乐观的表情，在面对电幕的时候，最好是用这种表情。他走过房间，到了小厨房里。在一天的这个时间里离开真理部，他牺牲了在食堂的中饭，他知道厨房里没有别的吃的，只有一块深色的面包，那是得省下来当明天的早饭的。

　　他从架子上拿下一瓶无色的液体，上面贴着一张简单白色的标签：胜利杜松子酒（VICTORY GIN）。它有一种令人难受的油味儿，象中国的黄酒一样。温斯顿倒了快一茶匙，硬着头皮，象吃药似的咕噜一口喝了下去。

　　他的脸马上绯红起来，眼角里流出了泪水。这玩艺儿象硝酸，而且，喝下去的时候，你有一种感觉，好象后脑勺上挨了一下橡皮棍似的。不过接着他肚子里火烧的感觉减退了，世界看起来开始比较轻松愉快了。他从一匣挤瘪了的胜利牌香烟盒中拿出一支烟来，不小心地竖举着，烟丝马上掉到了地上。他拿出了第二支，这次比较成功。他回到了起居室，坐在电幕左边的一张小桌子前。他从桌子抽屉里拿出一支笔杆、一瓶墨水、一本厚厚的四开本空白簿子，红色的书脊，大理石花纹的封面。

　　不知什么缘故，起居室里的电幕安的位置与众不同。按正常的办法，它应该安在端墙上，可以看到整个房间，可是如今却安在侧墙上，正对着窗户。在电幕的一边，有一个浅浅的壁龛，温斯顿现在就坐在这里，在修建这所房子的时候，这个壁龛大概是打算放书架的。温斯顿坐在壁龛里，尽量躲得远远的，可以处在电幕的控制范围之外，不过这仅仅就视野而言。当然，他的声音还是可以听到的，但只要他留在目前的地位中，电幕就看不到他。一半是由于这间屋子的与众不同的布局，使他想到要做他目前要做的事。

　　但这件事也是他刚刚从抽屉中拿出来的那个本子使他想到要做的。这是一本特别精美的本子。光滑洁白的纸张因年代久远而有些发黄，这种纸张至少过去四十年来已久未生产了。不过他可以猜想，这部本子的年代还要久远得多。他是在本市里一个破破烂烂的居民区的一家发霉的小旧货铺中看到它躺在橱窗中的，到底是哪个区，他已经记不得了。他当时一眼就看中，一心要想得到它。照理党员是不许到普通店铺里去的（去了就是『在自由市场上做买卖』），不过这条规矩并不严格执行，因为有许多东西，例如鞋带、刀片，用任何别的办法是无法弄到的，他回头很快地看了一眼街道两头，就溜进了小铺子，花二元五角钱把本子买了下来。当时他并没有想到买来干什么用。他把它放在皮包里，不安地回了家。即使里面没有写什么东西，有这样一个本子也是容易引起怀疑的。

　　他要做的事情是开始写日记。写日记并不是不合法的（没有什么事情是不合法的，因为早已不再有什么法律了），但是如被发现，可以相当有把握地肯定，会受到死刑的惩处，或者至少在强迫劳动营里干苦役二十五年。温斯顿把笔尖愿在笔杆上，用嘴舔了一下，把上面的油去掉。这种沾水笔已成了老古董，甚至签名时也不用了，他偷偷地花了不少力气才买到一支，只是因为他觉得这个精美乳白的本子只配用真正的笔尖书写，不能用墨水铅笔涂划。实际上他已不习惯手书了。除了极简短的字条以外，一般都用听写器口授一切，他目前要做的事，当然是不能用听写器的。他把笔尖沾了墨水，又停了一下，不过只有一刹那。他的肠子里感到一阵战颤。在纸上写标题是个决定性的行动。他用纤小笨拙的字体写道：

　　1984年4月4日

　　他身子往后一靠。一阵束手无策的感觉袭击了他。首先是，他一点也没有把握，今年是不是1984年。大致是这个日期，因为他相当有把握地知道，自已的年龄是三十九岁，而且他相信他是在1944年或1945年生的。但是，要把任何日期确定下来，误差不出一两年，在当今的时世里，是永远办不到的。

　　他突然想到，他是在为谁写日记呀？为将来，为后代。

　　他的思想在本子上的那个可疑日期上犹豫了一会儿，突然想起了新话中的一个词儿『双重思想』（doublethink）。他头一次领梧到了他要做的事情的艰巨性。你怎么能够同未来联系呢？从其性质来说，这样做就是不可能的。只有两种情况，要是未来同现在一样，在这样的情况下未来就不会听他的，要是未来同现在不一样，他的处境也就没有任何意义了。

　　他呆呆地坐在那里，看着本子。电幕上现在播放刺耳的军乐了。奇怪的是，他似乎不仅丧失了表达自己的能力，而且甚至忘掉了他原来要想说什么话了。过去几个星期以来，他一直在准备应付这一时刻，他从来没有想到过，除了勇气以外还需要什么。实际写作会是很容易的。他要做的只是把多年来头脑里一直在想的、无休止的、无穷尽的独白付诸笔墨就行了。但是在目前，甚至独白也枯竭了。此外，他的静脉曲张也开始痒了起来，使人难熬。他不敢抓它，因为一抓就要发炎。时间滴嗒地过去。他只感到面前一页空白的纸张，脚脖子上的皮肤发痒，音乐的聒噪，杜松子酒引起的一阵醉意。

　　突然他开始慌里慌张地写了起来，只是模模糊糊地意识到他写的是些什么。他的纤小而有些孩子气的笔迹在本子上弯弯曲曲地描划着，写着写着，先是省略了大写字母，最后连句号也省略了：

　　1984年4月4日。昨晚去看电影。全是战争片。一部很好，是关于一艘装满难民的船，在地中海某处遭到空袭。观众看到一个大胖子要想游开去逃脱追他的直升飞机的镜头感到很好玩。你起初看到他象一头海豚一样在水里浮沉，后来通过直升飞机的瞄准器看到他，最后他全身是枪眼，四周的海水都染红了，他突然下沉，好象枪眼里吸进了海水一样。下沉的时候观众笑着叫好。接着你看到一艘装满儿童的救生艇，上空有一架直升飞机在盘旋。

　　有个中年妇女坐在船首，大概是个犹太女人，怀中抱着一个大约三岁的小男孩。小男孩吓得哇哇大哭，把脑袋躲在她的怀里，好象要钻进她的胸口中去似的，那个妇女用胳膊搂着他，安慰着他，尽管她自己的脸色也吓得发青。她一度用自己的胳膊尽可能地掩护着他，仿佛她以为自己的胳膊能够抵御子弹不伤他的身体似的。接着直升飞机在他们中间投了一颗二十公斤的炸弹，引起可怕的爆炸，救生艇四分五裂，成为碎片。接着出现一个很精采的镜头，一个孩子的胳膊举了起来越举越高越举越高一直到了天空中一定有架机头装着摄影机的直升飞机跟着他的胳膊在党员座中间发出了很多的掌声但是在无产座部分有个妇女突然吵了起来大声说他们不应该在孩子们面前放映这部电影他们在孩子们面前放映这部电影是不对的最后警察把她赶了出去我想她不致于会遇到什么不愉快的结果无产者说些什么没有人会放在心上典型的无产者反应他们决不会——
※西西留注解：原文中是不带标点符号的，以显示出温斯顿在下笔时处于一种思绪混乱的状态

　　温斯顿停下了笔，一半是因为他感到手指痉挛。他也不知道是什么东西使他一泻千里地写出这些胡说八道的话来。

　　但奇怪的事情是，他在写的时候，有一种完全不同的记忆在他的思想中明确起来，使他觉得自已有能力把它写下来。他现在认识到，这是因为有另一件事情才使他突然决定今天要回家开始写日记。

　　如果说，这样一件模模糊糊的事也可以说是发生的话，这件事今天早上发生在部里。

　　快到十一点的时候，在温斯顿工作的纪录司（Records Department），他们把椅子从小办公室拖出来，放在大厅的中央，放在大电幕的前面，准备举行『两分钟仇恨』（Two Minutes Hate）。温斯顿刚刚在中间一排的一张椅子上坐下来，有两个他只认识脸孔、却从来没有讲过话的人意外地走了进来。其中有一个是他常常在走廊中遇到的一个姑娘。

　　他不道她的名字，但是他知道她在小说司（Fiction Department）工作。由于他有时看到她双手沾油，拿着扳钳，她大概是做机械工的，拾掇那些小说写作机器。她是个年约二十七岁、表情大胆的姑娘，浓浓的黑发，长满雀斑的脸，动作迅速敏捷，象个运动员。她的工作服的腰上重重地围了一条猩红色的狭缎带，这是《青年反性同盟》（Junior Anti-Sex League）的标志，围的不松不紧，正好露出她的腰部的苗条。温斯顿头一眼看到她就不喜欢她。他知道为什么原因。这是因为她竭力在自己身上带着一种曲棍球场、冷水浴、集体远足、总的来说是思想纯洁的味道。几乎所有的女人他都不喜欢，特别是年轻漂亮的。总是女人，尤其是年轻的女人，是党的最盲目的拥护者，生吞活剥口号的人，义务的密探，非正统思想的检查员。但是这个女人使他感到比别的更加危险。有一次他们在走廊里遇到时，她很快地斜视了他一眼，似乎看透了他的心，刹那间他充满了黑色的恐惧。他甚至想到这样的念头：她可能是思想警察的特务。不错，这是很不可能的。但是只要她在近处，他仍有一种特别的不安之感。这种感觉中掺杂着敌意．也掺杂着恐惧。

　　另外一个人是个叫奥勃良（O'Brien）的男人，他是核心党员，担任的职务很重要，高高在上，因此温斯顿对他职务的性质只有一种很模糊的概念。椅子周围的人一看到核心党员的黑色工作服走近时，都不由得肃静下来。奥勃良是个体格魁梧的人，脖子短粗，有着一张粗犷残忍、兴高采烈的脸。尽管他的外表令人望而生畏，他的态度却有一定迷人之处。他有一个小动作奇怪地使人感到可亲，那就是端正一下鼻梁上的眼镜；也很难说清楚，这奇怪地使人感到很文明。如果有人仍旧有那样想法的话，这个姿态可能使人想到一个十八世纪的绅士端出鼻烟匣来待客。温斯顿大概在十多年来看到过奥勃良十多次。他感到对他特别有兴趣，这并不完全是因为他对奥勃良彬彬有礼的态度和拳击师的体格的截然对比感到有兴趣。

　　更多的是因为他心中暗自认为——也许甚至还不是认为，而仅仅是希望——奥勃良的政治信仰（political orthodoxy）不完全是正统的。他脸上的某种表情使人无法抗拒地得出这一结论。而且，表现在他脸上的，甚至不是不正统，而干脆就是智慧。不过无论如何，他的外表使人感到，如果你能躲过电幕而单独与他在一起的话，他是个可以谈谈的人。温斯顿从来没有做过哪怕是最轻微的努力来证实这种猜想；说真的，根本没有这样做的可能。现在，奥勃良瞥了一眼手表，看到已经快到十一点了，显然决定留在纪录司，等两分钟仇恨结束。他在温斯顿那一排坐了下来，相隔两把椅子。中间坐的是一个淡茶色头发的小女人，她在温斯顿隔壁的小办公室工作。那个黑头发的姑娘坐在他们背后一排。

　　接着，屋子那头的大电幕上突然发出了一阵难听的摩擦声，仿佛是台大机器没有油了一样。这种噪声使你牙关咬紧、毛发直竖。『仇恨』（The Hate）开始了。

　　象平常一样，屏幕上闪现了『人民公敌』（Enemy of the People）爱麦虞埃尔●果尔德施坦因（Emmanuel Goldstein）的脸。观众中间到处响起了嘘声。那个淡茶色头发的小女人发出了混杂着恐惧和厌恶的叫声。果尔德施坦因是个叛徒、变节分子，他一度（那是很久以前了，到底多久，没有人记得清楚）是党的领导人物之一，几乎与『『老大哥』』本人平起平坐，后来从事反革命活动，被判死刑，却神秘地逃走了，不知下落。两分钟仇恨节目每天不同，但无不以果尔德施坦因为其重要人物。他是头号叛徒，最早污损党的纯洁性的人。后来的一切反党罪行、一切叛国行为、破坏颠覆、异端邪说、离经叛道都是直接起源于他的教唆。反正不知在什么地方，他还活着，策划着阴谋诡计；也许是在海外某个地方，得到外国后台老板的庇护；也许甚至在大洋国国内某个隐蔽的地方藏匿着——有时就有这样的谣传。

　　温斯顿眼睛的隔膜一阵抽搐。他看到果尔德施坦因的脸时不由得感到说不出的滋味，各种感情都有，使他感到痛苦。

　　这是一张瘦削的犹太人的脸，一头蓬松的白发，小小的一撮山羊胡须——一张聪明人的脸庞，但是有些天生的可鄙，长长的尖尖的鼻子有一种衰老性的痴呆，鼻尖上架着一副眼镜。这张脸象一头绵羊的脸，它的声音也有一种绵羊的味道。

　　果尔德施坦因在对党进行他一贯的恶毒攻击，这种攻击夸张其事，不讲道理，即使一个儿童也能一眼看穿，但是听起来却有似乎有些道理，使你觉得要提高警惕，别人要是没有你那么清醒的头脑，可能上当受骗。他在谩骂『老大哥』，攻击党的专政，要求立即同欧亚国媾和，主张言论自由、新闻自由、集会自由、思想自由，歇斯底里地叫嚷说革命被出卖了——

　　所有这一切的话都是用大字眼飞快地说的，可以说是对党的演说家一贯讲话作风的一种模仿，甚至还有一些新话的词汇；说真的，比任何党员在实际生活中一般使用的新话词汇还要多。在他说话的当儿，唯恐有人会对果尔德施坦因的花言巧语所涉及的现实有所怀疑，电幕上他的脑袋后面有无穷无尽的欧亚国军队列队经过——一队又一队的结实的士兵蜂拥而过电幕的表面，他们的亚细亚式的脸上没有表情，跟上来的是完全一样的一队士兵。这些士兵们的军靴有节奏的踩踏声衬托着果尔德施坦因的嘶叫声。

　　仇恨刚进行了三十秒钟，屋子里一半的人中就爆发出控制不住的愤怒的叫喊。电幕上扬扬自得的羊脸，羊脸后面欧亚国可怕的威力，这一切都使人无法忍受；此外，就凭果尔德施坦因的脸，或者哪怕只想到他这个人，就自动的产生恐惧和愤怒。不论同欧亚国相比或东亚国相比，他更经常的是仇恨的对象，因为大洋国如果同这两国中的一国打仗，同另外一国一般总是保持和平的。但是奇怪的是，虽然人人仇恨和蔑视果尔德施坦因，虽然每天，甚至一天有上千次，他的理论在讲台上、电幕上、报纸上、书本上遭到驳斥、抨击、嘲笑，让大家都看到这些理论是多么可怜的胡说八道，尽管这样，他的影响似乎从来没有减弱过。总是有傻瓜上当受骗。思想警察没有一天不揭露出有间谍和破坏分子奉他的指示进行活动。他成了一支庞大的隐蔽的军队的司令，这是一帮阴谋家组成的地下活动网，一心要推翻国家政权。它的名字据说叫兄弟团，谣传还有一本可怕的书，集异端邪说之大成，到处秘密散发，作者就是果尔德施坦因。这本书没有书名。大家提到它时只说那本书。不过这种事情都是从谣传中听到的。任何一个普通党员，只要办得到，都是尽量不提兄弟团或那本书(thebook)的。

　　仇恨到了第二分钟达到了狂热的程度。大家都跳了起来，大声高喊，要想压倒电幕上传出来的令人难以忍受的羊叫一般的声音。那个淡茶色头发的小女人脸孔通红，嘴巴一张一闭，好象离了水的鱼一样。甚至奥勃良的粗犷的脸也涨红了。他直挺挺地坐在椅上，宽阔的胸膛胀了起来，不断地战栗着，好象受到电流的袭击。温斯顿背后的黑头发姑娘开始大叫「猪猡！猪猡！猪猡！」她突然拣起一本厚厚的新话词典向电幕扔去。它击中了果尔德施坦因的鼻子，又弹了开去，他说话的声音仍旧不为所动地继续着。温斯顿的头脑曾经有过片刻的清醒，他发现自已也同大家一起在喊叫，用鞋后跟使劲地踢着椅子腿。两分钟仇恨所以可怕，不是你必须参加表演，而是要避不参加是不可能的。不出三十秒钟，一切矜持都没有必要了。一种夹杂着恐惧和报复情绪的快意，一种要杀人、虐待、用大铁锤痛打别人脸孔的欲望，似乎象一股电流一般穿过了这一群人，甚至使你违反本意地变成一个恶声叫喊的疯子。然而，你所感到的那种狂热情绪是一种抽象的、无目的的感情，好象喷灯的火焰一般，可以从一个对象转到另一个对象。因此，有一阵子，温斯顿的仇恨并不是针对果尔德施坦因的，而是反过来转向了『老大哥』、党、思想警察；在这样的时候，他打从心跟里同情电幕上那个孤独的、受到嘲弄的异端分子，谎话世界中真理和理智的唯一卫护者。可是一会儿他又同周围的人站在一起，觉得攻击果尔德施坦因的一切的话都是正确的。在这样的时刻，他心中对『老大哥』的憎恨变成了崇拜，『老大哥』的形象越来越高大，似乎是一个所向无故、毫无畏惧的保护者，象块巨石一般耸立于从亚洲蜂拥而来的乌合之众之前，而果尔德施坦因尽管孤立无援，尽管对于是否有他这个人的存在也有怀疑，却似乎是一个阴险狡诈的妖物，光凭他的谈话声音也能够把文明的结构破坏无遗。

　　有时候，你甚至可以自觉转变自己仇恨的对象。温斯顿突然把仇恨从电幕上的脸孔转到了坐在他背后那个黑发女郎的身上，其变化之迅速就象做恶梦醒来时猛的坐起来一样。一些栩栩如生的、美丽动人的幻觉在他的心中闪过。他想象自己用橡皮棍把她揍死，又把她赤身裸体地绑在一根木桩上，象圣塞巴斯蒂安（Saint Sebastian）一样乱箭丧身。在最后高潮中，他污辱了她，割断了她的喉管。而且，他比以前更加明白他为什么恨她。

　　他恨她是因为她年青漂亮，却没有性感，是因为他要同她睡觉但永远不会达到目的，是因为她窈窕的纤腰似乎在招引你伸出胳膊去搂住她，但是却围着那条令人厌恶的猩红色绸带，那是咄咄逼人的贞节的象征。

　　仇恨达到了最高潮。果尔德施坦因的声音真的变成了羊叫，而且有一度他的脸也变成了羊脸。接着那头羊脸又化为一个欧亚国的军人，高大吓人，似乎在大踏步前进，他的轻机枪轰鸣，似乎有夺幕而出之势，吓得第一排上真的有些人从坐着的椅子中来不及站起来。但是就在这一刹那间，电幕上这个敌人已化为『老大哥』的脸，黑头发，黑胡子，充满力量，镇定沉着，脸庞这么大，几乎占满了整个电幕，他的出现使大家放心地深深松了一口气。没有人听见『老大哥』在说什么。他说的只是几句鼓励的话，那种话一般都是在战斗的喧闹声中说的，无法逐宇逐句听清楚，但是说了却能恢复信心。接着老大的脸又隐去了，电幕上出现了用黑体大写字母写的党的三句口号：

　　战争即和平
　　自由即奴役
　　无知即力量。

　　但是『老大哥』的脸似乎还留在电幕上有好几秒钟，好象它在大家的视网膜上留下的印象太深了，不能马上消失似的。那个淡茶色头发的小女人扑在她前面一排的椅子背上。她哆哆嗦嗦地轻轻喊一声好象「我的救星！」那样的话，向电幕伸出双臂。接着又双手捧面。很明显，她是在做祷告。

　　这时，全部在场的人缓慢地、有节奏地、深沉地再三高叫「老～老！……老～老！……老～老！」他们叫得很慢，在第一个『老』和第二个『老』之间停顿很久。这种深沉的声音令人奇怪地有一种野蛮的味道，你仿佛听到了赤脚的踩踏和铜鼓的敲打。他们这样大约喊了三十秒钟。这种有节奏的叫喊在感情冲动压倒一切的时候是常常会听到的。这一部分是对『老大哥』的英明伟大的赞美，但更多的是一种自我催眠，有意识地用有节奏的闹声来麻痹自已的意识。温斯顿心里感到一阵凉。在两分钟的仇恨中，他无法不同大家一起梦呓乱语，但是这种野兽般的「老～老！……老～老！」的叫喊总使他充满了恐惧。当然，他也和大家一起高喊：不那么做是办不到的。掩饰你真实的感情，控制你脸部的表情，大家做什么你就做什么，这是一种本能的反应。但是有那么一两秒钟的时间里，他的眼睛里的神色很可能暴露了他自己。正好是在这一刹那，那件有意义的事情发生了——如果说那件事情真的发生了的话。
西西留注解：『『老大哥』』的第一个字

　　原来在瞬息间他同奥勃良忽然眼光相遇。奥勃良这时已经站了起来。他摘下了眼镜，正要用他一贯的姿态把眼镜放到鼻梁上去。就在这一刹那之间，他们两人的眼光相遇了，在这相遇财刻，温斯顿知道——是啊，他知道(knew)！——奥勃良心里想的同他自己一样。他们两人之间交换了一个无可置疑的信息。好象他们两人的心打了开来，各人的思想通过眼光而流到了对方的心里。「我同你一致，」奥勃良似乎这样对他说。「我完全知道你的想法．你的蔑视、仇恨、厌恶，我全都知道。不过别害怕，我站在你的一边！」但是领悟的神情一闪即逝，奥勃良的肠又象别人的脸一样令人莫测高深了。

　　情况就是这样，他已经在开始怀疑，是不是真的发生过这样的情况，这辞事情是从来不会有后继的，唯一结果不过是在他的心中保持这样的信念，或者说希望：除了他自己以外也有别人是党的敌人。也许，说什么普遍存在着地下阴谋的谣言是确实的也说不定，也许真的有兄弟团（Brotherhood）的存在！尽管有不断的逮捕、招供和处决，仍不可能有把握地说，兄弟团不只是个谣言面已。他有时相信，有时不相信。没有任何证据，只是一些过眼即逝的现象，可能有意义也可能没有意义：一鳞半爪偶然听来的谈话，厕所墙上的隐隐约约的涂抹——甚至有一次两个素不相识的人相遇时手中一个小动作使人觉得好象他们是在打暗号。这都是瞎猜：很可能这一切都是他瞎想出来的。他对奥勃良不再看一眼就回到他的小办公室去了。他一点也没有想到要追踪他们刚才这短暂的接触。

　　即使他知道应该怎么办，这样做的危险也是无法想象的。他们不过是在一秒钟、两秒钟里交换了明白的眼光，事情就到此为止了。但是即使这样，在这样自我隔绝的孤独的生活环境中，这也是一件意义重大的事。

　　温斯顿挺直腰板，坐了起来。他打了一个嗝。杜松子酒的劲头从他肚子里升了起来。

　　他的眼光又回到本子上。他发现他在无可奈何地坐着胡思乱想的时候，他也一直在写东西，好象是自发的动作一样。而且笔迹也不是原来的那样歪歪斜斜的笨拙笔迹了。他的笔在光滑的纸面上龙飞凤舞，用整齐的大写字母写着——

　　打倒『老大哥』打倒『老大哥』打倒『老大哥』打倒『老大哥』打倒『老大哥』

　　一遍又一遍地写满了半页纸。

　　他禁不住感到一阵恐谎。其实并无必要，因为写这些具体的字并不比开始写日记这一行为更加危险；但是有一阵子他真想把这些涂抹了的纸页撕了下来，就此作罢。

　　但是他没有这样做，因为他知道这没有用。不论他是写打倒『老大哥』，还是他没有写，并没有什么不同。不论他是继续写日记，还是他没有继续写，也没有什么不同。思想警察还是会逮到他的。他已经犯了——即使他没有用笔写在纸上，也还是犯了的——包含一切其他罪行的根本大罪。这明做思想罪。思想罪可不是能长期隐匿的。你可能暂时能躲避一阵，甚至躲避几年，但他们迟早一定会逮到你。

　　总是在夜里——逮捕总是在夜里进行的。突然在睡梦中惊醒，一只粗手捏着你的肩膀，灯光直射你的眼睛，床边围着一圈凶狠的脸孔。在绝大多数情况下不举行审讯，不报道逮捕消息，人就是这么销声匿迹了，而且总是在夜里。你的名字从登记册上除掉了，你做过的一切事情的记录都除掉了，你的一度存在也给否定了，接着被遗忘了。你被取消，消灭了：通常用的字眼是『化为乌有』(vaporized)。

　　他忽然象神经病发作一样，开始匆忙地乱涂乱划起来：

　　他们会枪毙我我不在乎他们会在我后脑勺打一枪我不在乎打倒『老大哥』他们总是在后脑勺给你一枪我不在乎打倒『老大哥』——

　　他在椅子上往后一靠，有点为自已感到难为情，放下了笔。接着他又胡乱地写起来。这时外面传来一下敲门声。

　　已经来了！他象只耗子似的坐着不动，满心希望不论是谁敲门，敲了一下就会走开。但是没有，门又敲了一下。迟迟不去开门是最糟糕的事情。他的心怦怦的几乎要跳出来，但是他的脸大概是出于长期的习惯却毫无表情。他站了起来，脚步沉重地向门走去。

2000年2月1日星期二

北马人物志：开设全马首座公园——黄宏振飞禽达人

September 30, 2009 17:55
中国报地方精选

槟城飞禽公园1988年开设以来即挫折不断，经营不易。

黄宏振博士是大马第一座飞禽公园创办人，他对鸟类认识之深，堪称飞禽达人。早年在英国求学，毕业后到美国工作几年。不过他最后还是回槟城这老家来。

他与唯一的哥哥有着共同的兴趣，两人都热爱小动物，尤其是各种鸟类。因此，两人开始一起买不同的鸟来饲养，并自己繁殖这些鸟，然后把小鸟拿去卖，得到的钱用来买更多鸟来养。

1986年，当时的槟州首席部长敦林苍佑有个长远计划，就是要把威省打造成生态旅游中心，计划中包括水上主题公园、水族馆、小型动物园及飞禽公园等。并开始在民间寻找合适人选来配合州政府的这项努力。

放弃工作冒险投资

黄宏振相信敦林苍佑的眼光，因此即使当时威省许多地方仍是不毛之地，他也不惜当先锋，放弃原来的工作，冒险投资开设全马首座飞禽公园。

黄宏振相信，等计划中的生态旅游景点一一落实，一定会有许多游客到来。

槟城飞禽公园在1988年正式设立。但人算不如天算，林苍佑竟在1990年大选中被行动党的林吉祥击败，从此退出政坛，槟州首长也改由许子根担任，生态旅游大计中断，只剩下黄宏振的飞禽公园在威省孤军作战。

黄宏振的博士专业与鸟类毫无关係，靠自修成为飞禽达人。

爱心爸爸教出爱心小孩
靠自修学养鸟

黄宏振对鸟类的知识，大多数是边接触鸟类边学起来，当然少不了翻书籍和上网搜寻资料。换句话说，这位飞禽达人，是靠自修学养鸟的。

他的老家在威省双溪赖。小时候还没有保护动物法令，许多人会上山去捉野生动物食用。他那经营橡胶园的父亲，则是一个很爱护野生动物的人，常常会买一些即将被人食用的小动物回来家裡养。他从小跟爸爸一起照顾小动物，也渐渐喜欢与这些小动物相处。

到欧洲取经

“不过那时我们不懂得如何用正确的方式来养小动物，常常养了没多久，动物就死了。

他与哥哥一起玩票性质养鸟卖鸟开始，就懂得越来越多的鸟类知识。不过还不足以经营飞禽公园，为此他与哥哥曾特地花了两週时间，到欧洲一些着名飞禽公园取经，与园主交流。

“洋人对于分享这些知识和经验都很大方，毫无保留地告诉我们如何经营一座飞禽公园，令我们有了很好的基础，得以在一开始时没遇到太大问题。”

十多年来的经验，使黄宏振有信心说，自己对鸟类的认识比兽医更深。兽医专业的内容，主要注重在鸡、鸭、狗、猫、牛、羊、猪等动物，很少接触到鸟类。他甚至可医治一些令兽医束手无策的鸟类“奇难杂症”。

如果不是黄宏振苦苦支撑，飞禽公园无法生存至今。

有机化学博士嚐尽冷暖
从英返槟开创事业

飞禽达人的专业并不是鸟类学，也不是动物学的专业。他的专业与鸟类毫无关係。

黄宏振的名片上印着，他不只是槟城飞禽公园经营人，还是个博士。他是个毕业自英国的有机化学博士，研究的是如何製造新的抗病毒药物。在美国工作期间，从事的行业也是关于药物研究，与鸟类可说是风马牛不相及。

黄宏振在英国前后居住9年，毕业后在美国工作两年。如果他继续在美国工作，绝对可过着优渥的生活。最后他却放弃高薪职位回到槟城。

在异国仅当二等公民

在异国多年，他深深感受到在别人的国家，自己仅是二等公民。人们始终对于来自第三世界国家的人抱持排斥态度。那裡是个赚钱好地方，却不适合长久居住。

“槟城是全世界最好的地方之一。这裡什么都有，而且只需要到不远的地方就可以得到。”

黄宏振回国后找不到符合自己专业的工作，只好到一家工厂当“研究专员”，实际上做的却是市场人员的工作。新工作令他难以适应。因此当敦林苍佑邀请他与州政府配合经营飞禽公园时，一想到可将嗜好与事业二合为一，对他来说有极大的吸引力，很快他就接受了林苍佑的建议。

「没人保护，牠们会绝种」
笼中鸟反而更安全

“为什么我这么喜欢鸟？因为鸟很漂亮嘛！而且因为环境开发、人们的滥捕，很多鸟差不多要绝种了。如果没有人插手保护他们，很可能一种鸟类会加速走向绝种。”

也许有些人认为，把鸟关在笼子裡让人观赏，剥夺了鸟儿的自由，是不值得鼓励的做法。不过黄宏振有另一种观点。他指如今鸟儿生存的环境越来越恶劣，让鸟生活在笼子裡，反而是一种保护他们的方式。

他说，他们试过放走一些鸟儿后，没多久那些鸟儿又飞回来。鸟儿住在笼子裡反而安全。飞到外面，随时有陷阱和弹弓等着牠们。

“帮助那些鸟，也可说是我为这个世界的服务之一吧！”

鸟儿在飞禽公园裡悠閒地活动，游客可以近距离与他们接触。

经营11年挫折不断
禽流感时期亏损最多

“如果我没受过考取博士学位前的艰苦研究训练，相信飞禽公园早就关掉了。”

做博士学位的研究工作，有90%是失败，只有10%会成功。不断失败的艰苦过程，足以磨练一个人的心志和毅力，黄宏振相信自己因经历这一过程，才可苦撑至今。

哥哥退股独自支撑

黄宏振经营飞禽公园11年，一路挫折不断，期间曾遇过霍乱症、烟霾、911恐怖袭击、沙斯病毒、立百病毒、柯沙奇病毒、禽流感等事件的影响，每一次都使公园营收大受影响。

其中，禽流感事件对飞禽公园打击最大，导致该公园蒙受前所未有的亏损。此次挫折也令一直以来与他共同经营飞禽公园的哥哥退股，剩他一人独自支撑。

“当年，大马没有其他飞禽公园可让我参考学习。我必须先找出还没有发生的种种问题，做好准备应付。没人会教你如何解决，你必须自己想办法。

在跟政府部门官员接触的过程中，他也见识了许多官僚嘴脸，及深深体会到官僚作风所造成的后遗症。他笑说自己脸皮够厚，才可继续跟这些官员们周旋。

黄宏振自行繁殖鸟类经验丰富，但一些特殊鸟类需要耗费他多年心血才能繁殖成功。

看官员脸色．管理不简单
不想女儿接手

他希望飞禽公园可永久性经营下去，但不想孩子像他一样经营这座公园。

黄宏振的女儿对鸟类有兴趣，但他却不要其女儿成为其接班人。他说自己虽然拥有一座飞禽公园，却饱受政府部门官僚之苦，时常要看官员脸色。要管理公园裡工作的员工，也不是件简单的事。这11年来箇中滋味自己最清楚，他不想女儿走自己的老路。

“这么多年来我不断遇到挫折，也不知道几时可真正顺利。也许这座公园不倒闭，已是一种顺利。想要赚大钱是根本不可能的事。”

他打算继续经营飞禽公园，至于若有一天自己无法再做下去该如何处置这个心血，则以后再说。因为没人知道将来会发生什么事。

莫达清（Botak Chin）

莫达清（Botak Chin）是1970年代最令人丧胆的大盗，虽然他的绰号有个『Botak』（光头），实际上他在被吊死前不过只有28岁。他於1951年在吉隆坡出生，15岁辍学，然后加入黑帮「306党」。

1969年4月19日，他首次持械抢劫。持著犯罪生涯的第一支枪──点22口径左轮手枪，莫达清结党抢劫8次，终被捕入狱7年。1974年11月，莫达清刑满出狱，一度卖菜维生，但他不满足现状，不到一年，就自立新的匪党作奸犯科。

1975年7月20日，他与党羽抢劫吉隆坡燕美律一间银行，劫走9万5000令吉，用其中的2万5000令吉买了一辆轿车。过后，他抢劫一间华人寺庙，打死数名麻将赌徒，并劫走1万令吉。

由於缺乏弹药，莫达清在冼都一起劫案中夺走3名警员的3把手枪，震惊警界。

1975年10月26日，他轰毙一名押款到赛马场的保安人员，抢走21万8000令吉，然后潜逃泰国购买更多的武器。他拥有至少19把枪械、5个手榴弹及1000粒子弹，并与其他帮派发生争执，打死「五指山」首领，但他的党羽“阿黄”被杀。

1976年2月16日，他在怡保路被警员射中6枪而落网，过后在《内安法令》下提控3项罪名，最终被吉隆坡高庭宣判死刑。1980年4月1日，他再次上庭，并自喻为「现代罗宾汉」企图洗脱罪名。

1981年1月1日，绝望的莫达清作出最后一搏，在半山芭监狱的死因室企图越狱，刺杀3名守卫不果，反而身负重伤。

1981年6月11日凌晨3点，他被绞刑，死时28岁，他死前的遗愿是捐献器官作为医疗用途，但因没有签署同意书而受拒。

2000年1月2日星期日

马来西亚联合邦宪法目录（中英对照） Constitution Of Malaysia Index

PART I THE STATES, RELIGION AND LAW OF THE FEDERATION
第一篇　联合邦的州属、宗教和法律
PART II FUNDAMENTAL LIBERTIES
第二篇　基本自由
PART III CITIZENSHIP
第三篇　公民权
PART IV THE FEDERATION
第四篇联合邦
PART V THE STATES
第五篇　州属
PART VI RELATIONS BETWEEN THE FEDERATION AND THE STATES
第六篇　联合邦与各州属的关系
PART VII FINANCIAL PROVISIONS
第七篇　财务规定
PART VIII ELECTIONS
第八篇　选举
PART IX THE JUDICIARY
第九篇　司法
PART X PUBLIC SERVICES
第十篇　公共服务
PART XI SPECIAL POWERS AGAINST SUBVERSION,ORGANIZED VIOLENCE, AND ACTS AND CRIMES
PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS
第十一篇　对付颠覆、组织性暴乱及危害公众的行为与罪行的特别权力及紧急权力
PART XII GENERAL AND MISCELLANEOUS
第十二篇　一般和杂项
PART XIIA ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK
第十二Ａ篇　对沙巴与砂朥越的额外保护
PART XIII TEMPORARY AND TRANSITIONAL PROVISIONS
第十三篇　暂时性与过度性规定
PART XIV SAVING FOR RULERS’ SOVEREIGNTY, ETC.
第十四篇　统治者最高权力的保留与其他
PART XV PROCEEDINGS AGAINST THE YANG Dl-PERTUAN AGONG AND THE RULERS
第十五篇　最高元首及统治者的起诉

SCHEDULES:
附录

First Schedule—Oath of Applicants for Registration or Naturalization
第一附录　申请登记或归化成为公民的誓词
Second Schedule—Citizenship by operation of law
第二附录　法律实施下的公民权
Third Schedule—Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong
第三附录　最高元首与副最高元首的选举
Fourth Schedule—Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang
di-Pertuan Agong
第四附录　最高元首与副最高元首的就职誓词
Fifth Schedule—The Conference of Rulers
第五附录　统治者会议
Sixth Schedule—Forms of Oaths and Affirmations
第六附录　宣誓和誓词的格式
Seventh Schedule—Election of Senators
第七附录　上议院的推荐
Eighth Schedule—Provisions to be Inserted in State Constitutions
第八附录　州宪法中加入的条文
Ninth Schedule—Legislative Lists
第九附录　立法事务表
Tenth Schedule—Grants and Sources of Revenue Assigned to States
第十附录　各州属辅助金和税源的分配
Eleventh Schedule—Provisions of the Interpretation and General Clauses Ordinance 1948 (Malaysian Union Ordinance No. 7 of 1948),Applied for Interpretation of the Constitution
第十一附录　《１９４８年释义及普通条款法令》（１９４８年马来亚联盟第７号法令）的规定中使用于本宪法的释义
Twelfth Schedule—(Provisions of the Federation of Malaya Agreement 1948 as applied to the Legislative Council after Merdeka Day—Repealed)
第十二附录　『独立日』后《１９４８年马来亚联盟第７号法令》施加于立法议会的规定（已废除）
Thirteenth Schedule—Provisions relating to Delimination of Constituencies
第十三附录　选区划分的相关规定
－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－
PART I THE STATES, RELIGION AND LAW OF THE FEDERATION
第一篇　联合邦的州属、宗教和法律
Article　条
1. Name, States and territories of the Federation
1. 联合邦的名称、州属与领土
2. Admission of new territories into the Federation
2. 接受新领土加入联合邦
3. Religion of the Federation
3. 联合邦之宗教
4. Supreme Law of the Federation
4. 联合邦之最高法律

PART II FUNDAMENTAL LIBERTIES
第二篇　基本自由
5. Liberty of the person
5. 个人自由
6. Slavery and forced labour prohibited
6. 禁止奴役与强迫劳动
7. Protection against retrospective criminal laws and repeated trials
7. 免于刑法追溯与重复审讯
8. Equality
8. 权利平等
9. Prohibition of banishment and freedom of movement
9. 流放之禁止及活动自由
10. Freedom of speech, assembly and association
10. 言论、集会与结社自由
11. Freedom of religion
11. 宗教信仰自由
12. Rights in respect of education
12. 教育权利
13. Rights to property
13. 财产享有权

PART III CITIZENSHIP
第三篇　公民权

Chapter 1—Acquisition of Citizenship
第一章　公民权之获得
14. Citizenship by operation of law
14. 依法生效之公民权
15. Citizenship by registration (wives and children of citizens)
15. 登记公民权（公民之妻子与子女）
15A. Special power to register children
15A. 为儿童登记之特别权力
16. Citizenship by registration (persons born in the Federation before Merdeka Day)
16. 登记公民权（独立日以前生于联邦之人士）
16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)
16A. 登记公民权（马来西亚成立日居留于沙巴州及砂拉越州之人士）
17. (Citizenship by registration (persons resident in the Federation on Merdeka Day)—Repealed)
17. 登记公民权（独立日时居留于联邦之人士）（已废除）
18. General provisions as to registration
18. 有关登记之一般规定
19. Citizenship by naturalization
19. 入籍之公民权
19A. (Transfer of citizenship to or from Singapore—Repealed)
19A.　新加坡之公民权修正（已废除）
20. (Naturalization of members of Federation forces—Repealed)
20. 联邦军队军人之入籍（已废除）
21. (General provisions as to naturalization—Repealed)
21. 有关入籍之一般规定（已废除）
22. Citizenship by incorporation of territory
22. 领土合并之公民权

Chapter 2—Termination of Citizenship
第二章：公民权之终止
23. Renunciation of citizenship
23. 放弃公民权
24. Deprivation of citizenship on acquisition or exercise of foreign citizenship,etc.
24. 因获取或使用外国公民权等公民权之剥夺
25. Deprivation of citizenship by registration under Article 16A or 17 or by naturalization
25. 根据第十六甲条、第十七条或第十九条取得公民权者公民权之剥夺
26. Other provisions for deprivation of citizenship by registration or naturalization
26. 剥夺登记公民或入籍公民资格的其它规定
26A. Deprivation of citizenship of child of person losing citizenship
26A. 丧失公民权者子女公民权之剥夺
26B. General provisions as to loss of citizenship
26B. 有关丧失公民权之一般规定
27. Procedure for deprivation
27. 褫夺公民权的程序
28. Application of Chapter 2 to certain citizens by operation of law
28. 第二章对部份依法生效成为公民者之适用
28A. Deprivation of citizenship of persons becoming citizens on Malaysia Day
28A. 褫夺在马来西亚日成为公民的人士之公民权

Chapter 3—Supplemental
第三章：附加规定
29. Commonwealth citizenship
29. 英联邦公民权
30. Certificates of citizenship
30. 公民权证书
30A. (Franchise, etc., of Singapore citizens and other citizens—Repealed)
30A. 新加坡公民中的法国侨民等以及其他公民（已废除）
30B. (Liaison as to citizenship between governments of Federation and of Singapore—Repealed)
30B. 联合邦与新加坡公民权的合并（已废除）
31. Application of Second Schedule Article
31. 第二附录条文的应用

PART IV THE FEDERATION

Chapter 1—The Supreme Head
32. Supreme Head of the Federation, and his Consort
33. Deputy Supreme Head of the Federation
33A. Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence
34. Disabilities of Yang di-Pertuan Agong, etc.
35. Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong
36. Public Seal
37. Oath of office of Yang di-Pertuan Agong

Chapter 2—The Conference of Rulers
38. Conference of Rulers

Chapter 3—The Executive
39. Executive authority of Federation
40. Yang di-Pertuan Agong to act on advice
41. Supreme command of armed forces
42. Power of pardon, etc.
43. Cabinet
43A. Deputy Ministers
43B. Parliamentary Secretaries
43C. Political Secretaries

Chapter 4—Federal Legislature
44. Constitution of Parliament
45. Composition of Senate
46. Composition of House of Representatives
47. Qualification for membership of Parliament
48. Disqualification for membership of Parliament
49. Provisions against double membership
50. Effect of disqualification, and prohibition of nomination or appointment without consent
51. Resignation of members
52. Absence of a member
53. Decisions as to disqualification
54. Vacancies in Senate and casual vacancies
55. Summoning, prorogation and dissolution of Parliament
56. President and Deputy President of Senate
57. Speaker and Deputy Speakers of the House of Representatives
58. Remuneration of President, Deputy President, Speaker and Deputy Speakers
59. Oaths by members
60. Address by the Yang di-Pertuan Agong
61. Special provisions as to Cabinet and Attorney General
62. Parliamentary procedure
63. Privileges of Parliament
64. Remuneration of members
65. Clerks of Senate and House of Representatives

Chapter 5—Legislative procedure
66. Exercise of legislative power
67. Restriction on introduction of Bills and making of amendments involving taxation, expenditure, etc.
68. Assent to Bills passed by House of Representatives only

Chapter 6—Capacity as respects property, contracts and suits
69. Capacity of Federation as respects property, contracts and suits

PART V THE STATES
70. Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri
71. Federal guarantee of State Constitutions
72. Privileges of Legislative Assembly

PART VI RELATIONS BETWEEN THE FEDERATION AND THE STATES

Chapter 1—Distribution of legislative powers
73. Extent of federal and State Laws
74. Subject matter of federal and State laws
75. Inconsistencies between federal and State laws
76. Power of Parliament to legislate for States in certain cases
76A. Power of Parliament to extend legislative powers of States
77. Residual power of legislation
78. Legislation restricting use of rivers
79. Exercise of concurrent legislative powers

Chapter 2—Distribution of executive powers
80. Distribution of executive powers
81. Obligation of States towards Federation

Chapter 3—Distribution of financial burdens
82. Financing of expenditure relating to matter on Concurrent List

Chapter 4—Land
83. Acquisition of land for federal purposes
84. (Reversion to States of land held for federal purposes—Repealed)
85. Grant to Federation of land reserved for federal purposes
86. Disposition of land vested in the Federation
87. Determination of disputes as to land values
88. Application of Articles 83 to 87 to states not having a Ruler
89. Malay reservations
90. Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu
91. National Land Council

Chapter 5—National development
92. National development plan

Chapter 6—Federal surveys, advice to States and inspection of State activities
93. Inquiries, surveys and statistics
94. Federal powers in respect of State subjects
95. Inspection of State activities

Chapter 7—National Council for Local Government
95A. National Council for Local Government

Chapter 8—Application to States of Sabah and Sarawak
95B. Modifications for states of Sabah and Sarawak of distribution of legislative powers
95C. Power by order to extend legislative or executive powers of States
95D. Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government
95E. Exclusion of States of Sabah and Sarawak from national plans for land utilization, local government, development, etc.

PART VII FINANCIAL PROVISIONS

Chapter 1—General
96. No taxation unless authorized by law
97. Consolidated Funds
98. Expenditure charged on Federal Consolidated Fund
99. Annual financial statement
100. Supply Bills
101. Supplementary and excess expenditure
102. Power to authorize expenditure on account or for unspecified purposes
103. Contingencies Fund
104. Withdrawals from the Consolidated Fund
105. Auditor General
106. Powers and duties of Auditor General
107. Reports of Auditor General
108. National Finance Council
109. Grants to States
110. Assignment of taxes and fees to the States
111. Restriction on borrowing
112. Restriction on alterations in establishments of States

Chapter 2—Application to States of Sabah and Sarawak
112A. State audits in States of Sabah and Sarawak
112B. Borrowing powers of States of Sabah and Sarawak
112C. Special grants and assignment of revenue to States of Sabah and Sarawak
112D. Reviews of special grants to States of Sabah and Sarawak
112E. (Financial arrangements with Singapore—Repealed)

PART VIII ELECTIONS
113. Conduct of elections
114. Constitution of Election Commission
115. Assistance to Election Commission
116. Federal constituencies
117. State constituencies
118. Method of challenging election
118A. Method of questioning election petition of no return
119. Qualifications of electors
120. Direct elections to the Senate

PART IX THE JUDICIARY
121. Judicial power of the Federation
122. Constitution of Federal Court
122A. Constitution of Court of Appeal
122AA. Constitution of the High Courts
122AB. Appointment of judicial commissioner
122B. Appointment of judges of Federal Court, Court of Appeal and of High Courts
122C. Transfer of judge of one High Court to another
123. Qualifications of judges of Federal Court, Court of Appeal and of High Courts
124. Oath of office of judges
125. Tenure of office and remuneration of judges of Federal Court
125A. Exercise of powers by judges
126. Power to punish for contempt
127. Restriction on Parliamentary discussion of conduct of judge
128. Jurisdiction of Federal Court
129. (Special jurisdiction of Supreme Court as to the interpretation of constitution—Repealed)
130. Advisory jurisdiction of Federal Court
131. (Appeal from Federal Court—Repealed)
131A. Provision for incapacity, etc., of Chief Justice, President or Chief Judge

PART X PUBLIC SERVICES
132. Public services
133. Joint services, etc.
134. Secondment of officers
135. Restriction on dismissal and reduction in rank
136. Impartial treatment of Federal employees
137. Armed Forces Council
138. Judicial and Legal Service Commission
139. Public Services Commission
140. Police Force Commission
141. (Railway Service Commission—Repealed)
141A. Education Service Commission
142. General provisions relating to Commissions
143. Conditions of service of members of Commissions
144. Functions of Service Commissions
145. Attorney General
146. Reports of Commissions
146A. (Branch in Borneo States of Judicial and Legal Service Commission—Repealed)
146B. (Branches in each State of Sabah or Sarawak of Public Services Commission—Repealed)
146C. (Supplementary provisions as to branches of Public Services Commission—Repealed)
146D. Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak
147. Protection of pension rights
148. Interpretation of Part X

PART XI SPECIAL POWERS AGAINST SUBVERSION,ORGANIZED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS
149. Legislation against subversion, action prejudicial to public order,etc.
150. Proclamation of emergency
151. Restrictions on preventive detention

PART XII GENERAL AND MISCELLANEOUS
152. National Language
153. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak
154. Federal capital
155. Commonwealth reciprocity
156. Contributions in aid of rates in respect of federal and State property
157. Delegation of State functions to another State
158. (Arrangements with Brunei—Repealed)
159. Amendment of the Constitution
159A. Operation of transitional provisions of Malaysia Act
160. Interpretation.
160A. Reprint of the Constitution
160B. Authoritative text

PART XIIA ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK
161. Use of English and of native languages in States of Sabah and Sarawak
161A. Special position of natives of States of Sabah and Sarawak
161B. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak
161C. (Muslim education in Borneo States—Repealed)
161D. (Freedom of religion—Repealed)
161E. Safeguards for constitutional position of States of Sabah and Sarawak
161F. (Use of unofficial languages in Singapore Assembly—Repealed)
161G. (Special position of Malays in Singapore—Repealed)
161H. (Safeguards for constitutional position of Singapore—Repealed)

PART XIII TEMPORARY AND TRANSITIONAL PROVISIONS
第十三篇　暂时性与过度性规定
162. Existing laws
162. 现有法律
163. (Temporary continuation of Emergency Regulations Ordinance 1948—Repealed)
163. 《１９４８年紧急法令》的临时性展延
164. (Temporary functions of Legislative Council—Repealed)
164. 行政议会的临时性功能（已废除）
165. (Temporary financial provisions—Repealed)
165. 临时债务条律（已废除）
166. Succession to property
166. 资产继承
167. Rights, liabilities and obligations
167. 权利、责任和义务
168. (Legal proceedings—Repealed)
168. 司法诉讼（已废除）
169. International agreements, etc., made before Merdeka Day
169. 独立日前签署的国际条约等
170. (Temporary provisions for person qualified for registration as citizens under Federation of Malaya Agreement 1948, Clause 126—Repealed)
170. 根据《１９４８年马来亚联邦协定》１２６款规定之下能够注册成为公民的合格人士（已废除）
171. (Constituencies for first elections—Repealed)
171. 首次大选中的合格选民（已废除）
172. (Existing Courts—Repealed)
172. 现有法院（已废除）
173. (Pending appeals to Privy Council—Repealed)
173. 审核中上诉枢密院的案件（已废除）
174. (Judicial appointments and Attorney General—Repealed)
174. 总检察长的司法委任（已废除）
175. Director of Audit to be first Auditor General
175. 审计局局长为首任审计官
176. Transfer of officers
176. 官员调职
177. Waiver or postponement of oath of office where appointment continues under this Part
177. 根据本篇下持续免职或延迟宣誓就职的规定
178. Remuneration after Merdeka Day
178. 独立日后的薪酬
179. Contributions in respect of joint services
179. 联合服务的相关承担
180. Preservation of pensions, etc.
180. 养老金准款等

PART XIV SAVING FOR RULERS’ SOVEREIGNTY, ETC.
第十四篇　统治者最高权力的保留与其他
181. Saving For Rulers’ sovereignty, etc.
181. 统治者最高权力的保留与其他

PART XV PROCEEDINGS AGAINST THE YANG Dl-PERTUAN AGONG AND THE RULERS
第十五篇　最高元首及统治者的起诉
182. The Special Court
182. 特别法庭
183. No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally
183. 除非获得总检察长亲自同意，不得对最高元首或统治者进行起诉

SCHEDULES:
附录

First Schedule—Oath of Applicants for Registration or Naturalization
第一附录　申请登记或归化成为公民的誓词

Second Schedule—
第二附录
Part I — Citizenship by operation of law of persons born before Malaysia Day
第一部　马来西亚日前出生者因法律执行所获得的公民权
Part II — Citizenship by operation of law of persons born on or after Malaysia Day
第二部　马来西亚日后出生者因法律执行所获得的公民权
Part III — Supplementary provisions relating to citizenship
第三部　公民权的相关附加规定

Third Schedule—Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong
第三附录　最高元首与副最高元首的选举
Part I — Election of Yang di-Pertuan Agong
第一部　最高元首的推举
Part II — Election of Timbalan Yang di-Pertuan Agong
第二部　副最高元首的推举
Part III — Removal of Yang di-Pertuan Agong
第三部　最高元首的革职
Part IV — General
第四部　通则

Fourth Schedule—Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong
第四附录　最高元首与副最高元首的就职誓词
Part I — Oath of Yang di-Pertuan Agong
第一部　最高元首誓词
Part II — Oath of Timbalan Yang di-Pertuan Agong
第二部　副最高元首誓词
Part III — English translations
第三部　誓词英译

Fifth Schedule—The Conference of Rulers
第五附录　统治者会议

Sixth Schedule—Forms of Oaths and Affirmations
第六附录　宣誓和誓词的格式

Seventh Schedule—Election of Senators
第七附录　上议院的推荐

Eighth Schedule—Provisions to be Inserted in State Constitutions
第八附录　州宪法中加入的条文
Part I — Final provisions
第一部　最后规定
Part II — Temporary provisions alternative to provisions in Part I
第二部　本附录第一部的临时交替条文
Part III — Modifications of Parts I and II in relation to Malacca and Penang
第三部　第一部与第二部中马六甲和槟城的相关修改

Ninth Schedule—Legislative Lists
第九附录　立法事务表
List I - Federal List
第一表　联邦事务表
List II - State List
第二表　州事务表
List 2A - Supplement to State List for States of Sabah and Sarawak
第二Ａ表　沙巴与砂朥越州事务表的补充部分
List III - Concurrent List
第三表　共同事务表
List IIIA - Supplement to Concurrent List for States of Sabah and Sarawak
第三Ａ表　沙巴与砂朥越共同事务表的补充部分

Tenth Schedule—Grants and Sources of Revenue Assigned to States
第十附录　各州属辅助金和税源的分配
Part I — Capitation grant
第一部　人口辅助金
Part II — State road grant
第二部　州公路辅助金
Part III — Sources of revenue assigned to States
第三部　各州属税源的分配
Part IV — Special grants to States of Sabah and Sarawak
第四部　沙巴与砂朥越的特别辅助金
Part V — Additional sources of revenue assigned to States of Sabah and Sarawak
第五部　沙巴与砂朥越的额外税源分配

Eleventh Schedule—Provisions of the Interpretation and General Clauses Ordinance 1948 (Malaysian Union Ordinance No. 7 of 1948),Applied for Interpretation of the Constitution
第十一附录　《１９４８年释义及普通条款法令》（１９４８年马来亚联盟第７号法令）的规定中使用于本宪法的释义

Twelfth Schedule—(Provisions of the Federation of Malaya Agreement 1948 as applied to the Legislative Council after Merdeka Day—Repealed)
第十二附录　『独立日』后《１９４８年马来亚联盟第７号法令》施加于立法议会的规定（已废除）

Thirteenth Schedule—Provisions relating to Delimination of Constituencies
第十三附录　选区划分的相关规定
Part I — Declaration of and principles relating to the delimitation of constituencies
第一部　选区划分的相关宣布和原则
Part II — Procedure for delimitation of constituencies
第二部　选区划分的程序

马来西亚联邦宪法 Constitution of Malaysia

中英对照 - 至第3条
整理至60条

PART I - THE STATES, RELIGION AND LAW OF THE FEDERATION
第一篇：联合邦的州属、宗教与法律

Article 1. Name, States and territories of the Federation
第1条联合邦的名称、州属与领土
(1) The Federation shall be known, in Malay and in English, by the name Malaysia.
(1) 联合邦之马来文与英文名称为“Malaysia”（马来西亚）。
(2) The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu.
(2) 联合邦之成员州属为柔佛、吉打、吉兰丹、马六甲、森美兰、彭亨、槟城、霹雳、玻璃市、沙巴、砂拉越、雪兰莪与登嘉楼。
(3) Subject to Clause (4), the territories of each of the States mentioned in Clause
(2) are the territories comprised therein immediately before Malaysia Day.
(3) 约束于第(4)款，第(2)款所提及的各州之领土乃马来西亚成立日之前即已包含在各州之领土。
(4) The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. 2) Act 1973 and the territory of the State of Sabah shall exclude the Federal Territory of Labuan established under the Constitution (Amendment) (no. 2) Act 1984, and both the said Federal Territories shall be territories of the Federation.
(4) 雪兰莪州之领土不包括1973年宪法修正案二（A206）所成立之吉隆坡联邦直辖区及2001年宪法修正案（A1095）所成立之布城联邦直辖区；沙巴州之领土不包括1984年宪法修正案二（A585）所成立之纳闽联邦直辖区；以上所提及之全部联邦直辖区皆为联邦之领土。

PART II FUNDAMENTAL LIBERTIES
第二篇：基本自由

Article 2. Admission of new territories into the Federation
第2条接受新领土加入联合邦
Parliament may by law -
国会可以立法——
(a) admit other States to the Federation;
(a)接纳其他州加入联合邦。
(b) alter the boundaries of any State, but a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.
(b)修改任何州属的疆界，唯除非获得一州（由该州立法机构制定法律声明）及统治者会议的同意，不得通过修改该州属疆界的法律。

Article 3. Religion of the Federation
第三条联合邦之宗教
(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.
（1）回教为联合邦之国教；惟其他宗教可在安宁与和谐中在联合邦任何地方奉行。
(2) In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the Yang di-pertuan Agong to represent him.
（2）除无统治者之州外，州宪法所确定每一州之统治者作为该州回教首长之地位，及作为回教首长所享有之权利、特权、专有权及权力，完全不受影响或削减；惟当统治者会议同意将任何一项宗教行为、典礼或仪式扩展实施於联合邦里寸，则各州统治者必须以回教首长之地位授权最高元首为代表。
(3) The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong shall be Head of the religion of Islam in that State.
（3）马六甲州、槟城州、沙巴州及砂越州之宪法必须各制定有关条文，使最高元首成为各该州之回教首长。
(4) Nothing in this Article derogates from any other provision of this Constitution.
（4）本条不得减损本宪法其他条文。
(5) Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur and Labuan; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.
（5）即使本宪法另有规定，最高元首必须为吉隆坡及纳闽联邦直辖区之回教首长；国会得为此制定法律管制回教事务，及成立一个理事会，向最高元首拟作有关回教事务之劝告。

4.
• (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
• (2) The validity of any law shall not be questioned on the ground that -
• (a) it imposes restrictions on the right mentioned in Article 9 (2) but does not relate to the matters mentioned therein; or
• (b) it imposes such restrictions as are mentioned in Article 10 (2) but those restrictions were not deemed necessary or expedient by Parliament for the purposes mentioned in that Article.
• (3) The validity of any law made by Parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or -
• (a) if the law was made by Parliament, in proceedings between the Federation and one or more States;
• (b) if the law was made by Legislature of a State, in proceedings between the Federation and that State.
• (4) Proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Supreme Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause.

PART II - FUNDAMENTAL LIBERTIES

5.
• (1) No person shall be deprived of his life or personal liberty save in accordance with law.
• (2) Where complaint is made to a High court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.
• (3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
• (4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's authority:
Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day.
• (5) Clauses (3) and (4) do not apply to an enemy alien.

6.
• (1) No person shall be held in slavery.
• (2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
• (3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.
• (4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment.

7.
(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
• (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

8.
• (1) All persons are equal before the law and entitled to the equal protection of the law.
• (2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
• (3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of the State.
• (4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority.
• (5) This Article does not invalidate or prohibit -
• (a) any provision regulating personal law;
• (b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion;
• (c) any provision for the protection, wellbeing or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
• (d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having jurisdiction only in that State or part, or for voting in such an election;
• (e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;
• (f) any provision restricting enlistment in the Malay Regiment to Malays.

9.
• (1) No citizen shall be banished or excluded from the Federation.
• (2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.
• (3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and residence.

10.
(1) Subject to Clauses (2), (3) and (4) -
• (a) every citizen has the right to freedom of speech and expression;
• (b) all citizens have the right to assemble peaceably and without arms;
• (c) all citizens have the right to form associations.
• (2) Parliament may by law impose -
• (a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;
• (b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;
• (c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
• (3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.
• (4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

11.
• (1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.
• (2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
• (3) Every religious group has the right -
• (a) to manage its own religious affairs;
• (b) to establish and maintain institutions for religious or charitable purposes; and
• (c) to acquire and own property and hold and administer it in accordance with law.
• (4) State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.
• (5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.

12.
(1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth -
• (a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
• (b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).
• (2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
• (3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
• (4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

13.
(1) No person shall be deprived of property save in accordance with law.
• (2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.

PART III - CITIZENSHIP
Chapter 1 - Acquisition of Citizenship

14.
• (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say:
• (a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and
• (b) every person born on or after Malaysia Day, and having any of the qualifications specified in Part 11 of the Second Schedule.
• (c) (Repealed).
• (2) (Repealed).
• (3) (Repealed).

15.
• (1) Subject to Article 18, any married woman whose husband is a citizen is entitled, upon making application to the Federal Government, to be registered as a citizen if the marriage was subsisting and the husband a citizen at the beginning of October 1962, or if she satisfies the Federal Government -
• (a) that she has resided in the Federation throughout the two years preceding the date of the application and intends to do so permanently; and
• (b) that she is of good character.
• (2) Subject to Article 18, the Federal Government may cause any person under the age of twenty-one years whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the Federal Government by his parent or guardian.
• (3) Subject to Article 18, a person under the age of twenty-one years who was born before the beginning of October 1962, and whose father is (or was at his death) a citizen and was also a citizen at the beginning of that month (if then alive), is entitled upon application made to the Federal Government by his parent or guardian, to be registered as a citizen if the Federal Government is satisfied that he is ordinarily resident in the Federation and is of good character.
• (4) For the purposes of Clause (1) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation.
• (5) The reference in Clause (1) to a married woman is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day, or with any written law in force before Malaysia Day in the territories comprised in the States of Sabah and Sarawak:
Provided that this Clause shall not apply where the woman applies to be registered as a citizen before the beginning of September 1965, or such later date as may be fixed by order of the Yang di-Pertuan Agong, and is at the date of the application ordinarily resident in the States of Sabah and Sarawak.
• (6) (Repealed)

16.
• Subject to Clause (9), the Federal Government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied -
• (a) that -
• (i) he is resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
• (ii) (Repealed).
• (b) that he is of good character; and
• (c) that he has an adequate knowledge of the Malay language.
• (2) Subject to Clause (9), the Federal Government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied -
• (a) that he has resided in the Federation during the seven years immediately preceding the date of the application, for periods amounting in the aggregate to not less than five years;
• (b) that he intends to do so permanently;
• (c) that he is of good character; and
• (d) that he has an elementary knowledge of the Malay language.

16a

16A. Subject to Article 18, any person of or over the age of eighteen years who is on Malaysia Day ordinarily resident in the State of Sabah or Sarawak is entitled, upon making application to the Federal Government before September 1971, to be registered as a citizen if he satisfies the Federal Government -
• (a) that he has resided before Malaysia Day in the territories comprised in those States and after Malaysia Day in the Federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date;
• (b) that he intends to reside permanently in the Federation;
• (c) that he is of good character; and
• (d) except where the application is made before September 1965, and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the Malay language or the English language or, in the case of an applicant ordinarily resident in Sarawak, the Malay language, the English language or any native language in current use in Sarawak.

17
(Repealed)

18.
• (1) No person of or over the age of eighteen years shall be registered as a citizen under this Constitution until he has taken the oath set out in the First Schedule.
• (2) Except with the approval of the Federal Government, no person who has renounced or has been deprived of citizenship under this Constitution or who has renounced or has been deprived of federal citizenship or citizenship of the Federation before Merdeka Day under the Federation of Malaya Agreement, 1948 shall be registered as a citizen under this Constitution.
• (3) A person registered as a citizen under this Constitution shall be a citizen by registration from the day on which he is so registered.
• (4) (Repealed).

19.
• (1) Subject to Clause (9), the Federal Government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied -
• (a) that -
• (i) he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
• (ii) (Repealed).
• (b) that he is of good character; and
• (c) that he has an adequate knowledge of the Malay language.
• (2) Subject to Clause (9), the Federal Government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied -
• (a) that he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
• (b) that he is of good character; and
• (c) that he has an adequate knowledge of the Malay language.
• (3) The periods of residence in the Federation or the relevant part of it which are required for the grant of a certificate of naturalization are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which include the twelve months immediately preceding that date.
• (4) For the purposes of Clauses (1) and (2) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation; and for purposes of Clause (2) residence in Singapore before Malaysia Day or with the approval of the Federal Government residence in Singapore after Malaysia Day shall be treated as residence in the Federation.
• (5) A person to whom a certificate of naturalization is granted shall be a citizen by naturalization from the date on which the certificate is granted.
• (6) (Repealed)
• (7) (Repealed)
• (8) (Repealed)
• (9) No certificate of naturalization shall be granted to any person until he has taken the oath set out in the First Schedule.

19A. (Repealed)

20. (Repealed)

21. (Repealed)

22. If any new territory is admitted to the Federation after Malaysia Day in pursuance of Article 2, parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens.

PART III - CITIZENSHIP
Chapter 2 - Termination of Citizenship

23.
• Any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the Federation by declaration registered by the Federal Government, and shall thereupon cease to be a citizen.
• (2) A declaration made under this Article during any war in which the Federation is engaged shall not be registered except with the approval of the Federal Government.
• (3) This Article applies to a woman under the age of twenty-one years who has been married as it applies to a person of or over that age.

24.
• (1) If the Federal Government is satisfied that any citizen has acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship.
• (2) If the Federal Government is satisfied that any citizen has voluntarily claimed and exercised in any country, being rights accorded exclusively to its citizens, the Federal Government may by order deprive that person of his citizenship.
• (3) (Repealed)
• (3A) Without prejudice to the generality of Clause (2), the exercise of a vote in any political election in a place outside the Federation shall be deemed to be the voluntary claim and exercise of a right available under the law of that place; and for the purposes of Clause (2), a person who, after such date as the Yang di-Pertuan Agong may by order appoint for the purposes of this Clause -
• (a) applies to the authorities of a place outside the Federation for the issue or renewal of a passport; or
• (b) uses a passport issued by such authorities as a travel document,
• shall be deemed voluntarily to claim and exercise a right available under the law of that place, being a right accorded exclusively to the citizens of that place.
• (4) If the Federal Government is satisfied that any woman who is a citizen by registration under Clause (1) of Article 15 has acquired the citizenship of any country outside the Federation by virtue of her marriage to a person who is not a citizen, the Federal Government may by order deprive her of her citizenship.

25.
(1) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied -
• (a) that he has shown himself by act or speech to be disloyal or disaffected towards the Federation;
• (b) that he has, during any war in which the Federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or
• (c) that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced.
• (1A) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied that without the Federal Government's approval, he has accepted, served in, or performed the duties of any office, post or employment under the Government of any country outside the Federation or any political sub-division thereof, or under any agency of such a Government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:
Provided that a person shall not be deprived of citizenship under this Clause by reason of anything done before the beginning of October 1962, in relation to a foreign country, and before the beginning of January 1977, in relation to a Commonwealth country, notwithstanding that he was at the time a citizen.
• (2) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalization if satisfied that he has been ordinarily resident in countries outside the Federation for a continuous period of five years and during that period has neither -
• (a) been at any time in the service of the Federation or of an international organization of which the Federal Government was a member; nor
• (b) registered annually at a consulate of the Federation his intention to retain his citizenship:
provided that this Clause shall not apply to any period of residence in any Commonwealth country before the beginning of January 1977.
• (3) (Repealed)

26.
• (1) The Federal Government may by order deprive of his citizenship any citizen by registration or by naturalization if satisfied that the registration or certificate of naturalization -
• (a) was obtained by means of fraud, false representation or the concealment of any material fact; or
• (b) was effected or granted by mistake.
• (2) The Federal Government may by order deprive of her citizenship any woman who is a citizen by registration under Clause (1) of Article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of the marriage.
• (3) (Repealed).
• (4) (Repealed).

26A. Where a person has renounced his citizenship or been deprived thereof under Clause (1) of Article 24 or paragraph (a) of Clause (1) of Article 26, the Federal Government may by order deprive of his citizenship any child of that person under the age of twenty-one who has ben registered as a citizen pursuant to this Constitution and was so registered as being the child of that person or of that person's wife or husband.

26B.
• (1) Renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen.
• (2) No person shall be deprived of citizenship under Article 25, 26 or 26A unless the Federal Government is satisfied that it is not conducive to the public good that he should continue to be a citizen: and no person shall be deprived of citizenship under Article 25, paragraph (b) of Clause (1) of Article 26, or Article 26A if the Federal Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

27.
• (1) Before making an order under Article 24, 25 or 26, the Federal Government shall give to the person against whom the order is proposed to be made notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.
• (2) If any person to whom such notice is given applies to have the case referred as aforesaid the Federal Government may, refer the case to a committee of inquiry consisting of a chairman (being a person possessing judicial experience) and two other members appointed by that Government for the purpose.
• (3) In the case of any such reference, the committee shall hold an inquiry in such manner as the Federal Government may direct, and submit its report to that Government: and the Federal Government shall have regard to the report in determining whether to make the order.

28.
• (1) For the purposes of the foregoing provisions of this Chapter -
• (a) any person who before Merdeka Day became a federal citizen or a citizen of the Federation by registration as a citizen or in consequence of his registration as a citizen or in consequence of his registration as the subject of the Ruler, or by the grant of a certificate of citizenship, under any provision of the Federation of Malaya Agreement, 1948, or of any State law shall be treated as a citizen by registration and, if he was not born within the Federation, as a citizen by registration under Article 17;
• (b) a woman who before that day became a federal citizen or a citizen of the Federation by registration as a citizen, or in consequence of her registration as the subject of the Ruler, under any provision of the said Agreement or any State law authorizing the registration of women married to citizens of the Federation or to subjects of the Ruler shall be treated as a citizen by registration under Clause (1) of Article 15;
• (c) any person who before that day was naturalised as a federal citizen or a citizen of the Federation under the said Agreement of became a federal citizen or a citizen of the Federation in consequence of his naturalization as the subject of a Ruler under any State law shall (subject to Clause (2)) be treated as a citizen by naturalization.
and references in those provisions to the registration or naturalization of a citizen shall be construed accordingly.
• (2) No person born within the Federation shall be liable by virtue of this Article to be deprived of citizenship under Article 25.
• (3) A person who on Merdeka Day became a citizen by operation of law as having been citizen of the Federation immediately before that day shall not be deprived of citizenship under Clause (1) or (2) of Article 24 by reason of anything done on or before that day, but in the case of any such person Clause (2) of Article 25 shall apply equally in relation to a period of residence in foreign countries beginning before Merdeka Day and in relation to such a period beginning on or after that day.

28a.
• (1) (Repealed)
• (2) For the purposes of Articles 24, 25, 26 and 26A a person who on Malaysia Day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the United Kingdom and Colonies shall be treated -
• (a) as a citizen by registration if he acquired that status by registration; and
• (b) as a citizen by naturalisation if he acquired that status by or in consequence of naturalisation;
and references in those Articles to the registration or naturalisation of a citizen shall be construed accordingly.
• (3) Where a woman is under this Article to be treated as a citizen by registration, and the status consequence of which she is to be treated was acquired by her virtue of marriage, then for purposes of Clause (4) of Article 24 and Clause (2) of Article 26 she shall be treated as a citizen by registration under Clause (1) of Article 15.
• (4) Where a person born before Malaysia Day is under this Article to be treated as a citizen by registration by virtue of a connection with the State of Sabah or Sarawak and he was not born in the territories comprised in the States of Sabah and Sarawak, Article 25 shall apply to him as if he were a citizen by registration under Article 16a or 17.
• (5) Notwithstanding that a person is under this Article to be treated as a citizen by naturalisation,he shall not be deprived of his citizenship under Article 25 if he was born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak and is to be treated by virtue of a status acquired by or in consequence of naturalisation in those territories.
• (6) Without prejudice to the forgoing Clauses, where on Malaysia Day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day to be deprived of that status under the law relating thereto, then the Federal Government may by order deprive him of his citizenship, ir proceedings for that purpose are begun before September 1965: but Clause (2) of Article 26b and, subject to Clause (7), Article 27 shall apply to an order under this Clause as they apply to an order under Article 25.
• (7) Where a person is liable to be deprived of citizenship under Clause (6) and proceedings had before Malaysia Day begun to deprive him of the status of virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that Clause, and shall be continued in accordance with the law relating to that status immediately before Malaysia Day, and the functions the Federal Government in relation thereto shall be delegated to such authority of the State in question as the Federal Government may determine.

PART III - CITIZENSHIP
Chapter 3 - Supplemental

29.
• (1) In accordance with the position of the Federation within the Commonwealth, every person who is a citizen of the Federation enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.
• (2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

30.
• (1) The Federal Government may, on the application of any person with respect to whose citizenship a doubt exists, whether of fact or of law, certify that person is a citizen.
• (2) A certificate issued under Clause (1) shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that the person to whom it relates was a citizen on the date of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date.
• (3) For the purpose of determining whether a person was born a citizen of the Federation, any question whether he was born a citizen of another country shall be decided by the Federal Government,whose certificate thereon (unless proved to have been obtained by means of fraud, false representation or concealment of a material fact ) shall be conclusive.
• (4) (Repealed)

30A. (Repealed)

30B. (Repealed)

31. Until Parliament otherwise provides, the supplementary provisions contained in Part lll of the Second Schedule shall have effect for the purposes of this Part.

PART IV - THE FEDERATION
Chapter 1 - The Supreme Head

32.
• (1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court.
• (2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.
• (3) The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.
• (4) The provisions of Part l and lll of the Third Schedule shall apply to the election and removal of the Yang di-Pertuan Agong.

33.
• (1) There shall be a Deputy Supreme Head of the Federation (to be called the Timbalan Yang di-Pertuan Agong) who shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during any vacancy in the office of the Yang di-Pertuan Agong and during any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause, but the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan is satisfied that it is necessary or expedient to exercise such functions.
• (2) The Timbalan Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, or if elected during the term for which the Yang di-Pertuan Agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.
• (3) If during the term for which the Timbalan Yang di-Pertuan Agong was elected a vacancy occurs in the office of the Yang di-Pertuan Agong his term shall expire on the cessation of the vacancy.
• (4) the provisions of Part ll of the Third Schedule shall apply to the election of the Timbalan Yang di-Pertuan Agong.
• (5) Parliament may by law provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong in cases where those functions would under Clause (1) fall to be exercised owing to a vacancy in the office of the Timbalan Yang di-Pertuan Agong or to his illness, absence from the Federation or to any other cause; but such a law shall not be passed without the consent of Conference of Rulers.

34.
• (1) The Yang di-Pertuan Agong shall not exercise his functions as Ruler of his State except those Head of the religion of Islam.
• (2) The Yang di-Pertuan Agong shall not hold any appointment carrying any remuneration.
• (3) The Yang di-Pertuan Agong shall not actively engage in any commercial enterprise.
• (4) The Yang di-Pertuan Agong shall not receive any emoluments of any kind payable or accruing to as the Ruler of his State under the provisions of the Constitution of that State or of any State law.
• (5) The Yang di-Pertuan Agong shall not, without the consent of the Conference of Rulers, be absent from the Federation for more than fifteen days, except on a State visit to another country.
• (6) Clauses (2) and (3) shall apply to the Raja Permaisuri Agong.
• (7) Where the Timbalan Yang di-Pertuan Agong or any other person authorised by law exercises the functions of the Yang di-Pertuan Agong for a period exceeding fifteen days Clause (1) to (5) shall apply to him during that period as they apply to the Yang di-Pertuan Agong.
• (8) Nothing in Clause (1) shall prevent the Yang di-Pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority -
• (a) to amend the Constitution of the State; or
• (b) to appoint a Regent or member of a Council of Regency in the place of any Regent or member, as the case may be, who has died or has become incapable for any reason of performing the duties of the office of Regent or member of the Council of Regency..... respectively.

35.
• (1) Parliament shall by law provide a Civil List of the Yang di-Pertuan Agong which shall include provision of an annuity to be paid to the Raja Permaisuri Agong, and shall be charged on the Consolidated Fund and shall not be diminished during the Yang di-Pertuan Agong's continuance in office.
• (2) Parliament shall by law make provision for the renumeration of the Timbalan Yang di-Pertuan Agong or any other person authorized by law to exercise the functions of the Yang di-Pertuan Agong during any period during which he exercises those functions and the renumeration for which provision is made in pursuance of this Clause shall be charged on the Consolidated Fund.

36. The Yang di-Pertuan Agong shall keep and use the Public Seal of the Federation.

37.
• (1) The Yang di-Pertuan Agong shall before exercising his functions take and subscribe before the Conference of Rulers and in the presence of the Lord President of the Supreme Court (or in his absence the next senior judge of the Supreme Court available) the oath of office set out in Part 1 of the Fourth Schedule; and the oath shall be attested by two persons appointed for the purpose by the Conference of Rulers.
• (2) The Timbalan Yang di-Pertuan Agong shall before exercising his functions, other than the functions exercisable for the purpose of convening the Conference of Rulers, take and subscribe before the Conference of Rulers and in the presence of the Lord President of the Supreme Court (or in his absence the next senior judge of the Supreme Court available) the oath of office set out in Part 11 of the Fourth Schedule.
• (3) The said oaths, translated into English, are set out in Part 11 of the Fourth Schedule.
• (4) Any law made under Article 33 (5) shall make provision corresponding (with the necessary modifications) to Clause (2).

PART IV - THE FEDERATION
Chapter 2 - The Conference of Rulers

38.
• (1) There shall be a Majlis Raja-Raja (Conference of Rulers), which shall be constituted in accordance with the Fifth Schedule.
• (2) The Conference of Rulers shall exercise its functions of -
• (a) electing, in accordance with the provisions of the Third Schedule, the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong;
• (b) agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
• (c) consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference,
and may deliberate on questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit.
• (3) When the Conference deliberates on matters of national policy the Yang di-Pertuan Agong shall be accompanied by the Prime Minister, and the other Rulers and the Yang di-Pertua-Yang di-Pertua Negeri by their Menteri-Menteri Besar or Chief Ministers; and the deliberations shall be among the functions exercised, ny the Yang di-Pertuan Agong in accordance with the advice of the Cabinet, and by other Rulers and the Yang di-Pertua -Yang di-Pertua Negeri in accordance with the advice of their Executive Councils.
• (4) No law directly affecting the privileges, position, honours or dignities of the Rulers shall be passed without the consent of the Conference of Rulers.
• (5) The Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.
• (6) The members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions, that is to say -
• (a) the election or removal from office of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong;
• (b) the advising on any appointment;
• (c) the giving or withholding of consent to any law altering the boundaries of a State or affecting the privileges, position, honours or dignities of the Rulers; or
• (d) the agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole.
• (7) (Repealed).

PART IV - THE FEDERATION
Chapter 3 - The Executive

39. The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorised by the Cabinet, but Parliament amy by law confer executive function on other persons.

40.
• (1) In the exercise of his functions under this Constitution or federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorised by the Cabinet, but Parliament made by law confer executive function on other persons.

40a.
• (1) In the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.
• (2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say -
• (a) the appointment of a Prime Minister;
• (b) the withholding of consent to a request for the dissolution of Parliament;
• (c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting and in any other case mentioned in this Constitution.
• (3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or body of persons other than the Cabinet in the exercise of any of his functions other than -
• (a) functions exercisable in his discretion;
• (b) functions with respect to the exercise of which provision is made in any other Article.

41. The Yang di-Pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.

42.
(1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.
• (2) Subject to Clause (10), and without prejudice to any provision of federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur and Labuan and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.
• (3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan as the case may be, shall each be regarded as a State.
• (4) The powers mentioned in this Article -
• (a) are, so far as they are exercisable by the Yang di-Pertuan Agong, among functions with respect to which federal law may make provision under Article 40 (3);
• (b) shall, so far as they are exercisable by the Ruler or Yang di-Pertuan Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).
• (5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.
• (6) The members of a Pardons Board appointed by the Ruler or Yang Dipertua Negeri shall be appointed for a term of three years and shall be eligible for re-appointment, but may at any time resign from the Board.
• (7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang Dipertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member.
• (8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it.
• (9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.
• (10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Peneng, Sabah or Sarawak or the Federal Territories of Kuala Lumpur and Labuan shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.
• (11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territory of Kuala Lumpur and the Federal territory of Labuan and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Minister responsible for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.

43.
• (1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.
• (2) The Cabinet shall be appointed as follows, that is to say -
• (a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House; and
• (b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;
but if an appointment is made while parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.
• (3) The Cabinet shall be collectively responsible to Parliament.
• (4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
• (5) Subject to Clause (4), Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.
• (6) Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.
• (7) Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17 shall not be appointed Prime Minister.
• (8) If a member of the Legislative Assembly of a State is appointed a minister he shall resign from the Assembly before exercising the functions of his office.
• (9) Parliament shall by law make provision for the renumeration of members of the Cabinet.

43A.
• (1) The Yang di-Pertuan Agong may on the advice of the Prime Minister appoint Deputy Ministers from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.
• (2) Deputy Ministers shall assist Ministers in the Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers.
• (3) The provisions of Clauses (5), (6) and (8) of Article 43 shall apply to Deputy Ministers as they apply to Ministers.
• (4) Parliament shall by law make provision for the renumeration of Deputy Ministers.

43B.
• (1) The Prime Minister may appoint Parliamentary Secretaries from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved, a person who was a member of the last House of Representatives may be appointed, but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.
• (2) Parliamentary Secretaries shall assist Ministers and Deputy Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers and Deputy Ministers.
• (3) A Parliamentary Secretary may at any time resign his office, and his appointment as such may be determined at any time by the Prime Minister.
• (4) Before a Parliamentary Secretary exercises the functions of his office he shall take and subscribe in the presence of the Prime Minister the oath of secrecy set out in the Sixth Schedule.
• (5) Parliament shall by law make provision for the renumeration of Parliamentary Secretaries.

43C.
• (1) The Prime Minister may appoint such number of persons as he may think fit to be Political Secretaries.
• (2) A person appointed as a Political Secretary by virtue of this Article-
• (a) need not be a member of either House of Parliament;
• (b) may resign his office at any time;
• (c) subject to paragraph (b), shall continue in office until such time as his appointment is determined by the Prime Minister.
• (3) The provisions of Clause (4) of Article 43B shall apply to Political Secretaries as they apply to Parliamentary Secretaries.
• (4) The duties and functions of Political Secretaries, and their renumeration, shall be determined by the Cabinet.

PART IV - THE FEDERATION
Chapter 4- Federal Legislature

44. The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Rakyat (House of Representatives).

45.
• (1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:
• (a) two members for each State shall be elected in accordance with the Seventh Schedule; and
• (aa) two members for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Labuan shall be appointed by the Yang di-Pertuan Agong; and
• (b) forty members shall be appointed by the Yang di-Pertuan Agong.
• (2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.
• (3) The term of office of a member of the Senate shall, subject to the provisions of the Seventh Schedule, be three years and shall not be affected by a dissolution of Parliament.
• (3A) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:
Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.
• (4) Parliament may by law -
• (a) increase to three the number of members to be elected for each State;
• (b) provide that the members to be elected for each State shall be elected by the direct vote of the electors of that State;
• (c) decrease the number of appointed members or abolish appointed members.

46.
• (1) The House of Representatives shall consist of one hundred and eighty elected members.
• (2) There shall be -
• (a) one hundred and seventy-two members from the States in Malaysia as follows -
• (i) eighteen members from Johore;
• (ii) fourteen members from Kedah;
• (iii) thirteen members from Kelantan;
• (iv) five members from Malacca;
• (v) seven members from Negeri Sembilan;
• (vi) ten members from Pahang;
• (vii) eleven members from Penang;
• (viii) twenty-three members from Perak
• (ix) two members form Perlis;
• (x) twenty members from Sabah;
• (xi) twenty-seven members from Sarawak;
• (xii) fourteen members from Selangor;
• (xiii) eight members from Trengganu; and
• (b) eight members from the Federal Territories of Kuala Lumpur and Labuan as follows -
• (i) seven members from the Federal Territory of Kuala Lumpur;
• (ii) one member from the Federal Territory of Labuan.

47. Every citizen resident in the Federation is qualified to be a member -
• (a) of the Senate, if he is not less than thirty years old;
• (b) of the House of Representatives, if he is not less than twenty-one years old,
unless he is disqualified for being a member by this Constitution or by law made in pursuance of Article 48.

48.
• (1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if -
• (a) he is and has been found or declared to be of unsound mind; or
• (b) he is an undischarged bankrupt; or
• (c) he holds an office of profit; or
• (d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
• (e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
• (f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
• (2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.
• (3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of clause (1) by reason only of anything done by him before he became a citizen.
• (4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2) -
• (a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was -
• (i) convicted and sentenced as specified in the aforesaid paragraph (e); or
• (ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or
• (b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceedings is brought in respect of such conviction or sentence,or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceedings is disposed of by the court; or
• (c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceedings specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
• (5) Clause (4) shall not apply for the purpose nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.

49. A person shall not at the same time be a member of both Houses of parliament, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one State, nor be both an elected and an appointed member of the Senate.

50.
• (1) If a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant.
• (2) If a person disqualified for being a member of the House of Representatives is elected to that House or if a person disqualified for being a member of the Senate is elected or appointed to the Senate or if an election or appointment to either House is contrary to Article 49, the election or appointment shall be avoid.
• (3) (Repealed)
• (4) A person cannot be validly nominated for election to membership of either House or appointed to the Senate without his consent.

51. A member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House.

52.
• (1) If a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months the House may declare his seat vacant.
• (2) A member of either House of Parliament who has been granted leave of absence from the sittings of the House of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that House.

53.
• (1) If any question arises whether a member of a House of Parliament has become disqualified for membership, the decision of that House shall be taken and shall be final:
Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).
• (2) Where a member of either House of Parliament becomes disqualified under paragraph (e) of Clause (1) of Article 48 or under a federal law made in pursuance of Clause (2) of Article 48, Clause (1) shall not apply and he shall cease to be a member of that House, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (4) of Article 48.

54.
• (1) Save as provided under Clause (3) whenever there is a vacancy among members of the Senate or a casual vacancy among members of the House of Representatives such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy, and an election shall be held or an appointment made accordingly:
Provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:
Provided further, if a casual vacancy in the House of Representatives is established on a date within six months of the date Parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled.
• (2) (Repealed).
• (3) Where a vacancy among members of the Senate relates to a vacancy which shall be filled by a member who shall be elected by a State in accordance with the Seventh Schedule, the provisions of Clause (1) shall not apply to the filling of such vacancy.

55.
• (1) The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.
• (2) The Yang di-Pertuan Agong may prorogue or dissolve Parliament.
• (3) Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.
• (4) Whenever Parliament is dissolved shall continue for five years from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.
• (5) A Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.
• (6) A Bill pending reconsideration by Parliament in pursuance of Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.
• (7) A Bill pending the assent of the Yang di-Pertuan Agong under Clause (4) (a) or Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.

56.
• (1) The Senate shall from time to time choose one of its members to be Yang di-Pertua Dewan Negara (President of the Senate) and one to be Deputy President of the Senate, and shall, subject to Clause (3), transact no business while the office of President is vacant other than the election of a President.
• (2) A member holding office as President or Deputy President shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the Senate, or upon being disqualified under Clause (5), and may at any time resign his office.
• (3) During any vacancy in the office of President or during any absence of the President from any sitting, the Deputy President or, if the Deputy President is also absent or if his office is also vacant, such other member as may be determined by the rules of procedure of the Senate, shall act as President.
• (4) If a member of the Legislative Assembly of a State is chosen to be President he shall resign from the Assembly before exercising the functions of his office.
• (5) A member who is elected to be President shall be disqualified from holding office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any renumeration, reward, profit to benefit from it:
provided that such disqualification shall not apply where an organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any renumeration, reward, pr ofit or benefit from it.
• (6) Where any question arises regarding the disqualification of the President under Clause (5) the decision of the Senate shall be taken and shall be final.

57.
• (1) The House of Representatives shall from time to time elect -
• (a) as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member, and
• (b) two Deputy Speakers from among members of the House;
and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.
• (1A) Any person elected as Speaker who is not a member of the House of Representatives -
• (a) shall before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and
• (b) shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46:
Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.
• (2) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -
• (a) when the House first meets after a general election;
• (b) on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member;
• (bb) upon being disqualified under Clause (5);
• (c) if the House at any time so resolves.
• (2) A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -
• (a) on his ceasing to be a member of the House;
• (b) if the House at any time so resolves.
• (3) During any vacancy in the office of the Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.
• (4) If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office.
• (5) A person who is elected to be Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any renumeration, reward, profit or benefit from it.
Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any renumeration, reward, profit or benefit from it.
• (6) Where any question arises regarding the disqualification of the Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.

58. Parliament shall by law provide for the remuneration of the President and Deputy President of the Senate and the Speaker and Deputy Speakers of the House of Representatives, and the remuneration so provided for the President of the Senate and the Speaker of the House of Representatives shall be charged on the Consolidated Fund.

59.
• (1) Every member of either House of Parliament shall before taking his seat take and subscribe before the person presiding in the House an oath in the form set out in the Sixth Schedule, but a member may before taking that oath take part in the election of a President of the Senate or Speaker of the House of Representatives.
• (2) If a member has not taken his seat within six months from the date on which the House first sits after his election or such further time as the House may allow, his seat shall become vacant.

60. The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.

61.
• (1) In addition to his rights as a member of one of the Houses of Parliament every member of the Cabinet shall have the right to take part in the proceedings of the other House.
• (2) Either House of Parliament may appoint as a member of any of its committees the Attorney General or any member of the Cabinet notwithstanding that he is not a member of that House.
• (3) This Article does not authorize any person who is not a member of a House to vote in that House or any of its committees.
• (4) In this Article "member of the Cabinet" includes a Deputy Minister and a Parliamentary Secretary.

62.
• (1) Subject to the provisions of this Constitution and of federal law, each House of Parliament shall regulate its own procedure.
• (2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.
• (3) Subject to Clause (4) and to Articles 89 (1) and 159 (3) and to sections 10 and 11 of the Thirteenth Schedule, each House shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the House by virtue only of paragraph (b) of Clause (1A) of Article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.
• (4) In regulating its procedure each House may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.
• (5) Member absent from a House shall not be allowed to vote.

63.
• (1) The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court.
• (2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either House of Parliament or any committee thereof.
• (3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either House of Parliament.
• (4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.

64. Parliament shall by law provide for the remuneration of members of each House.

65.
• (1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives.
• (2) The Clerk to the Senate and the Clerk to the House of Representatives shall be appointed by the Yang di-Pertuan Agong and, subject to Clause (3), each shall hold office until he attains the age of sixty years or such other age as Parliament may by law provide, unless he sooner resigns his office:
Provided that this Clause shall not be taken to prevent the Yang di-Pertuan Agong from making the appointment from amongst the members of the public services to which Part X applies for such shorter period as he may deem fir, and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.
• (3) The Clerk to the Senate and the Clerk to the House of Representatives may be removed from office on the like grounds and in the like manner as a judge of the Supreme Court, except that the representation mentioned in Article 125 (3) shall be a representation made by the President of the Senate or, as the case may be, the Speaker of the House of Representatives.
• (4) Except as otherwise expressly provided by this Article, the qualifications for appointment and condition of service of the Clerk to the Senate and the Clerk to the House of Representatives, and of member of the staff of the Houses of Parliament, may be regulated by federal law.
• (5) The Clerk to the Senate, the Clerk to the House of Representatives and member of the staff of Parliament are disqualified for being members of either House of Parliament or the Legislative Assembly of any State.

PART IV - THE FEDERATION
Chapter 5 - Legislative procedure

66.
• (1) The power of Parliament to make laws shall be exercised by Bills passed by both Houses (or, in the cases mentioned in Article 68, the House of Representatives) and, except as otherwise provided in this Article, assented to by the Yang di-Pertuan Agong.
• (2) Subject to Article 67, a Bill may originate in either House.
? (3) When a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to the Yang di-Pertuan Agong for his assent when it has been passed by the other House and agreement has been reached between the two Houses and any amendments made in it or when it is required to be so presented under Article 68.
• (4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him -
• (a) assent to the Bill by causing the Public Seal to be affixed thereto; or
• (b) if it is not a money Bill, return the Bill to the House in which it originated with a statement of the reasons for his objection to the Bill, or to any provision thereof.
• (4A) If the Yang di-Pertuan Agong returns a Bill to the House in which it originated in accordance with Clause (4) (b), the House shall as soon as possible proceed to reconsider the Bill. If after such reconsideration the Bill is passed by the votes of not less than two-thirds of the total number of members of that House in the case of a Bill for making any amendment to the Constitution other than any amendment excepted pursuant to Article 159, and by a simple majority in the case of any other Bill, with or without amendment, it shall be sent together with the objections to the other House, by which it shall likewise be reconsidered, and if similarly approved by members of that House, the Bill shall again be presented to the Yang di-Pertuan Agong for assent and the Yang di-Pertuan Agong shall give his assent thereto within thirty days after the Bill is presented to him.
• (4B) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4) (a) or (4A) hereof, it shall become law at the expiration of the time as specified in Clause (4) (a) or (4A), as the case may be, in the like manner as if he had assented to it.
• (5) A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4B), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.
• (6) Nothing in this Article or in Article 68 shall invalidate any law confirming an undertaking given by the Federal Government to the effect that a Bill to which the undertaking relates shall not be presented to the Yang di-Pertuan Agong for his assent except in accordance with the undertaking.

67.
• (1) A Bill or amendment making provision (whether directly or indirectly) for -
• (a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
• (b) the borrowing of money, or the giving of any guarantee, by the Federation, or the amendment of the law relating to the financial obligations of the Federation;
• (c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;
• (d) the payment of moneys into the Consolidated Fund of the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal;
• (e) the compounding or remission of any debt due to the Federation;
• (f) the assignment of a tax or fee or the making of a grant to any State;
• (g) the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys or the audit of the accounts of the Federation or a State;
being provision as respects which the Minister charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment shall not be introduced or moved except by a Minister, and a Bill making any such provision shall not be introduced in the Senate.
• (2) A Bill or amendment shall not be deemed to make provision for any of the said matters by reason only that it provides -
• (a) for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered; or
• (b) for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

68.
• (1) Where a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within a month, it shall be presented to the Yang di-Pertuan Agong for his assent unless the House of Representatives otherwise directs.
• (2) Where -
• (a) a Bill which is not a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the sessions, is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree; and
• (b) in the following session (whether of the same Parliament or not) but not earlier than one year after it was first passed by the House of Representatives the same Bill, with no other alterations than those mentioned in Clause (3), is passed again by the House of Representatives and sent to the Senate at least one month before the end of the session and is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree,
the Bill shall, unless the House of Representatives otherwise, directs, be presented to the Yang di-Pertuan Agong for his assent with such amendments, if any, as may have been agreed to by both Houses.
• (3) The alterations referred to in Clause (2) are alterations certified by the Speaker of the House of Representatives to be necessary owing to the time which has elapsed since the Bill was passed in the earlier session or to represent amendments made in that session by the Senate.
• (4) When a Bill is presented to the Yang di-Pertuan Agong in pursuance of this Article it shall bear a certificate of the Speaker of the House of Representatives that the provisions of this Article have been complied with, and that certificate shall be conclusive for all purposes and shall not be questioned in any court.
• (5) This Article does not apply to any Bill for making any amendment to this Constitution, other than an amendment excepted from the provisions of Article 159 (3).
• (6) In this Article "money Bill" means a Bill which, containing in the opinion of the Speaker of the House of Representatives only provision dealing with all or any of the following matters, that is to say -
• (a) the matters mentioned in Article 67 (1) or the regulation of any tax;
• (b) the reduction of any such amount as is mentioned in paragraph (d) of Article 67 (1); and
• (c) any matter incidental to those matters or any of them, is certified by him as a money Bill.

PART IV - THE FEDERATION
Chapter 4- Federal Legislature

44. The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Rakyat (House of Representatives).

45.
• (1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:
• (a) two members for each State shall be elected in accordance with the Seventh Schedule; and
• (aa) two members for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Labuan shall be appointed by the Yang di-Pertuan Agong; and
• (b) forty members shall be appointed by the Yang di-Pertuan Agong.
• (2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.
• (3) The term of office of a member of the Senate shall, subject to the provisions of the Seventh Schedule, be three years and shall not be affected by a dissolution of Parliament.
• (3A) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:
Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.
• (4) Parliament may by law -
• (a) increase to three the number of members to be elected for each State;
• (b) provide that the members to be elected for each State shall be elected by the direct vote of the electors of that State;
• (c) decrease the number of appointed members or abolish appointed members.

46.
• (1) The House of Representatives shall consist of one hundred and eighty elected members.
• (2) There shall be -
• (a) one hundred and seventy-two members from the States in Malaysia as follows -
• (i) eighteen members from Johore;
• (ii) fourteen members from Kedah;
• (iii) thirteen members from Kelantan;
• (iv) five members from Malacca;
• (v) seven members from Negeri Sembilan;
• (vi) ten members from Pahang;
• (vii) eleven members from Penang;
• (viii) twenty-three members from Perak
• (ix) two members form Perlis;
• (x) twenty members from Sabah;
• (xi) twenty-seven members from Sarawak;
• (xii) fourteen members from Selangor;
• (xiii) eight members from Trengganu; and
• (b) eight members from the Federal Territories of Kuala Lumpur and Labuan as follows -
• (i) seven members from the Federal Territory of Kuala Lumpur;
• (ii) one member from the Federal Territory of Labuan.

47. Every citizen resident in the Federation is qualified to be a member -
• (a) of the Senate, if he is not less than thirty years old;
• (b) of the House of Representatives, if he is not less than twenty-one years old,
unless he is disqualified for being a member by this Constitution or by law made in pursuance of Article 48.

48.
• (1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if -
• (a) he is and has been found or declared to be of unsound mind; or
• (b) he is an undischarged bankrupt; or
• (c) he holds an office of profit; or
• (d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
• (e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
• (f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
• (2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.
• (3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of clause (1) by reason only of anything done by him before he became a citizen.
• (4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2) -
• (a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was -
• (i) convicted and sentenced as specified in the aforesaid paragraph (e); or
• (ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or
• (b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceedings is brought in respect of such conviction or sentence,or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceedings is disposed of by the court; or
• (c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceedings specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
• (5) Clause (4) shall not apply for the purpose nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.

49. A person shall not at the same time be a member of both Houses of parliament, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one State, nor be both an elected and an appointed member of the Senate.

50.
• (1) If a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant.
• (2) If a person disqualified for being a member of the House of Representatives is elected to that House or if a person disqualified for being a member of the Senate is elected or appointed to the Senate or if an election or appointment to either House is contrary to Article 49, the election or appointment shall be avoid.
• (3) (Repealed)
• (4) A person cannot be validly nominated for election to membership of either House or appointed to the Senate without his consent.

51. A member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House.

52.
• (1) If a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months the House may declare his seat vacant.
• (2) A member of either House of Parliament who has been granted leave of absence from the sittings of the House of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that House.

53.
• (1) If any question arises whether a member of a House of Parliament has become disqualified for membership, the decision of that House shall be taken and shall be final:
Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).
• (2) Where a member of either House of Parliament becomes disqualified under paragraph (e) of Clause (1) of Article 48 or under a federal law made in pursuance of Clause (2) of Article 48, Clause (1) shall not apply and he shall cease to be a member of that House, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (4) of Article 48.

54.
• (1) Save as provided under Clause (3) whenever there is a vacancy among members of the Senate or a casual vacancy among members of the House of Representatives such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy, and an election shall be held or an appointment made accordingly:
Provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:
Provided further, if a casual vacancy in the House of Representatives is established on a date within six months of the date Parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled.
• (2) (Repealed).
• (3) Where a vacancy among members of the Senate relates to a vacancy which shall be filled by a member who shall be elected by a State in accordance with the Seventh Schedule, the provisions of Clause (1) shall not apply to the filling of such vacancy.

55.
• (1) The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.
• (2) The Yang di-Pertuan Agong may prorogue or dissolve Parliament.
• (3) Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.
• (4) Whenever Parliament is dissolved shall continue for five years from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.
• (5) A Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.
• (6) A Bill pending reconsideration by Parliament in pursuance of Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.
• (7) A Bill pending the assent of the Yang di-Pertuan Agong under Clause (4) (a) or Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.

56.
• (1) The Senate shall from time to time choose one of its members to be Yang di-Pertua Dewan Negara (President of the Senate) and one to be Deputy President of the Senate, and shall, subject to Clause (3), transact no business while the office of President is vacant other than the election of a President.
• (2) A member holding office as President or Deputy President shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the Senate, or upon being disqualified under Clause (5), and may at any time resign his office.
• (3) During any vacancy in the office of President or during any absence of the President from any sitting, the Deputy President or, if the Deputy President is also absent or if his office is also vacant, such other member as may be determined by the rules of procedure of the Senate, shall act as President.
• (4) If a member of the Legislative Assembly of a State is chosen to be President he shall resign from the Assembly before exercising the functions of his office.
• (5) A member who is elected to be President shall be disqualified from holding office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any renumeration, reward, profit to benefit from it:
provided that such disqualification shall not apply where an organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any renumeration, reward, pr ofit or benefit from it.
• (6) Where any question arises regarding the disqualification of the President under Clause (5) the decision of the Senate shall be taken and shall be final.

57.
• (1) The House of Representatives shall from time to time elect -
• (a) as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member, and
• (b) two Deputy Speakers from among members of the House;
and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.
• (1A) Any person elected as Speaker who is not a member of the House of Representatives -
• (a) shall before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and
• (b) shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46:
Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.
• (2) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -
• (a) when the House first meets after a general election;
• (b) on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member;
• (bb) upon being disqualified under Clause (5);
• (c) if the House at any time so resolves.
• (2) A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -
• (a) on his ceasing to be a member of the House;
• (b) if the House at any time so resolves.
• (3) During any vacancy in the office of the Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.
• (4) If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office.
• (5) A person who is elected to be Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any renumeration, reward, profit or benefit from it.
Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any renumeration, reward, profit or benefit from it.
• (6) Where any question arises regarding the disqualification of the Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.

58. Parliament shall by law provide for the remuneration of the President and Deputy President of the Senate and the Speaker and Deputy Speakers of the House of Representatives, and the remuneration so provided for the President of the Senate and the Speaker of the House of Representatives shall be charged on the Consolidated Fund.

59.
• (1) Every member of either House of Parliament shall before taking his seat take and subscribe before the person presiding in the House an oath in the form set out in the Sixth Schedule, but a member may before taking that oath take part in the election of a President of the Senate or Speaker of the House of Representatives.
• (2) If a member has not taken his seat within six months from the date on which the House first sits after his election or such further time as the House may allow, his seat shall become vacant.

60. The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.

Article number: 61

61.
• (1) In addition to his rights as a member of one of the Houses of Parliament every member of the Cabinet shall have the right to take part in the proceedings of the other House.
• (2) Either House of Parliament may appoint as a member of any of its committees the Attorney General or any member of the Cabinet notwithstanding that he is not a member of that House.
• (3) This Article does not authorize any person who is not a member of a House to vote in that House or any of its committees.
• (4) In this Article "member of the Cabinet" includes a Deputy Minister and a Parliamentary Secretary.

Article number: 62

62.
• (1) Subject to the provisions of this Constitution and of federal law, each House of Parliament shall regulate its own procedure.
• (2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.
• (3) Subject to Clause (4) and to Articles 89 (1) and 159 (3) and to sections 10 and 11 of the Thirteenth Schedule, each House shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the House by virtue only of paragraph (b) of Clause (1A) of Article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.
• (4) In regulating its procedure each House may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.
• (5) Member absent from a House shall not be allowed to vote.

Article number: 63

63.
• (1) The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court.
• (2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either House of Parliament or any committee thereof.
• (3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either House of Parliament.
• (4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.

Article number: 64

64. Parliament shall by law provide for the remuneration of members of each House.

Article number: 65

65.
• (1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives.
• (2) The Clerk to the Senate and the Clerk to the House of Representatives shall be appointed by the Yang di-Pertuan Agong and, subject to Clause (3), each shall hold office until he attains the age of sixty years or such other age as Parliament may by law provide, unless he sooner resigns his office:
Provided that this Clause shall not be taken to prevent the Yang di-Pertuan Agong from making the appointment from amongst the members of the public services to which Part X applies for such shorter period as he may deem fir, and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.
• (3) The Clerk to the Senate and the Clerk to the House of Representatives may be removed from office on the like grounds and in the like manner as a judge of the Supreme Court, except that the representation mentioned in Article 125 (3) shall be a representation made by the President of the Senate or, as the case may be, the Speaker of the House of Representatives.
• (4) Except as otherwise expressly provided by this Article, the qualifications for appointment and condition of service of the Clerk to the Senate and the Clerk to the House of Representatives, and of member of the staff of the Houses of Parliament, may be regulated by federal law.
• (5) The Clerk to the Senate, the Clerk to the House of Representatives and member of the staff of Parliament are disqualified for being members of either House of Parliament or the Legislative Assembly of any State.

PART IV - THE FEDERATION
Chapter 5 - Legislative procedure

Article number: 66

66.
• (1) The power of Parliament to make laws shall be exercised by Bills passed by both Houses (or, in the cases mentioned in Article 68, the House of Representatives) and, except as otherwise provided in this Article, assented to by the Yang di-Pertuan Agong.
• (2) Subject to Article 67, a Bill may originate in either House.
? (3) When a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to the Yang di-Pertuan Agong for his assent when it has been passed by the other House and agreement has been reached between the two Houses and any amendments made in it or when it is required to be so presented under Article 68.
• (4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him -
• (a) assent to the Bill by causing the Public Seal to be affixed thereto; or
• (b) if it is not a money Bill, return the Bill to the House in which it originated with a statement of the reasons for his objection to the Bill, or to any provision thereof.
• (4A) If the Yang di-Pertuan Agong returns a Bill to the House in which it originated in accordance with Clause (4) (b), the House shall as soon as possible proceed to reconsider the Bill. If after such reconsideration the Bill is passed by the votes of not less than two-thirds of the total number of members of that House in the case of a Bill for making any amendment to the Constitution other than any amendment excepted pursuant to Article 159, and by a simple majority in the case of any other Bill, with or without amendment, it shall be sent together with the objections to the other House, by which it shall likewise be reconsidered, and if similarly approved by members of that House, the Bill shall again be presented to the Yang di-Pertuan Agong for assent and the Yang di-Pertuan Agong shall give his assent thereto within thirty days after the Bill is presented to him.
• (4B) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4) (a) or (4A) hereof, it shall become law at the expiration of the time as specified in Clause (4) (a) or (4A), as the case may be, in the like manner as if he had assented to it.
• (5) A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4B), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.
• (6) Nothing in this Article or in Article 68 shall invalidate any law confirming an undertaking given by the Federal Government to the effect that a Bill to which the undertaking relates shall not be presented to the Yang di-Pertuan Agong for his assent except in accordance with the undertaking.

Article number: 67

67.
• (1) A Bill or amendment making provision (whether directly or indirectly) for -
• (a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
• (b) the borrowing of money, or the giving of any guarantee, by the Federation, or the amendment of the law relating to the financial obligations of the Federation;
• (c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;
• (d) the payment of moneys into the Consolidated Fund of the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal;
• (e) the compounding or remission of any debt due to the Federation;
• (f) the assignment of a tax or fee or the making of a grant to any State;
• (g) the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys or the audit of the accounts of the Federation or a State;
being provision as respects which the Minister charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment shall not be introduced or moved except by a Minister, and a Bill making any such provision shall not be introduced in the Senate.
• (2) A Bill or amendment shall not be deemed to make provision for any of the said matters by reason only that it provides -
• (a) for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered; or
• (b) for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

Article number: 68

68.
• (1) Where a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within a month, it shall be presented to the Yang di-Pertuan Agong for his assent unless the House of Representatives otherwise directs.
• (2) Where -
• (a) a Bill which is not a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the sessions, is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree; and
• (b) in the following session (whether of the same Parliament or not) but not earlier than one year after it was first passed by the House of Representatives the same Bill, with no other alterations than those mentioned in Clause (3), is passed again by the House of Representatives and sent to the Senate at least one month before the end of the session and is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree,
the Bill shall, unless the House of Representatives otherwise, directs, be presented to the Yang di-Pertuan Agong for his assent with such amendments, if any, as may have been agreed to by both Houses.
• (3) The alterations referred to in Clause (2) are alterations certified by the Speaker of the House of Representatives to be necessary owing to the time which has elapsed since the Bill was passed in the earlier session or to represent amendments made in that session by the Senate.
• (4) When a Bill is presented to the Yang di-Pertuan Agong in pursuance of this Article it shall bear a certificate of the Speaker of the House of Representatives that the provisions of this Article have been complied with, and that certificate shall be conclusive for all purposes and shall not be questioned in any court.
• (5) This Article does not apply to any Bill for making any amendment to this Constitution, other than an amendment excepted from the provisions of Article 159 (3).
• (6) In this Article "money Bill" means a Bill which, containing in the opinion of the Speaker of the House of Representatives only provision dealing with all or any of the following matters, that is to say -
• (a) the matters mentioned in Article 67 (1) or the regulation of any tax;
• (b) the reduction of any such amount as is mentioned in paragraph (d) of Article 67 (1); and
• (c) any matter incidental to those matters or any of them, is certified by him as a money Bill.

PART IV - THE FEDERATION
Chapter 6 - Capacity as respects property, contracts and suits
69
(1) The Federation has power to acquire, hold and dispose of property of any kind and to make contracts.

(2) The Federation may sue and be sued.

PART V - THE STATES
70

(1) Subject to the precedence of the Yang di-Pertuan Agong and his Consort, the Rulers and Yang di-Pertua-Yang di=Pertua Negeri of the States shall take precedence over all other persons and each Ruler or Yang di-Pertua Negeri shall in his own State take precedence over the other Rulers and Yang di-Pertua-Yang di-Pertua Negeri.

(2) Subject to Clause (1), the Rulers shall take precedence over the Yang di-Pertua-Yang di-Pertua Negeri and, among themselves, in accordance with the dates on which they acceded as Rulers, and the Yang di-Pertua-Yang di-Pertua Negeri shall take precedence among themselves in accordance with the dates on which they were appointed as Yang di-Pertua-Yang di-Pertua Negeri; and if Yang di-Pertua-Yang di-Pertua Negeri were appointed on the same day the older shall take precedence over the younger.
71

(1) The Federation shall guarantee the right of a Ruler of a State to succeed and to hold, enjoy and exercise the constitutional rights and privileges of Ruler of that State in accordance with the Constitution of that State; but any dispute as to the title to the succession as Ruler of any State shall be determined solely by such authorities and in such manner as may be provided by the Constitution of that State.

(2) Clause (1) shall, with the necessary modifications apply in relation to a Ruling Chief of Negeri Sembilan as it applies to the Ruler of a State.

(3) If it appears to Parliament that in any State any provision of this Constitution or of the Constitution of that State is being habitually disregarded Parliament may, notwithstanding anything in this Constitution, by law make provision for securing compliance with those provisions.

(4) If at any time the Constitution of any State does not contain the provisions set out in Part I of the Eighth Schedule, with or without the modifications allowed under Clause (5) (hereinafter referred to as "the essential provisions") or provisions substantially to the same effect, or contains provisions inconsistent with the essential provisions, Parliament may, notwithstanding anything in this Constitution, by law make provision for giving effect in that State to the essential provisions or for removing the inconsistent provisions.

(5) The provisions set out in Part I of the Eighth Schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in Part II of that Schedule as an alternative thereto -

(a) in the case of every State, until the dissolution of the second Legislative Assembly constituted in accordance with those provisions or those provisions so modified;

(b) in the case of Perlis, until further time as the Legislative Assembly of that State may resolve and, as respects the provision set out in section 2 of that Schedule, indefinitely.

(6) A law made for a State in pursuance of this Article shall, unless sooner repealed by Parliament, cease to have effect on such day as a new Legislative Assembly, constituted in that State after the passing of the law, may resolve.

(7) In relation to the State of Sabah or Sarawak -

(a) Clause (5) shall not apply; but

(b) until the end of August 1975, or such earlier date as the Yang di-Pertuan Agong with the concurrence of the Yang di-Pertua Negeri may by order direct, Clause (4) shall apply as if the reference to the modifications allowed under Clause (5) were a reference to the modifications made by the Constitution of the State as in force on Malaysia Day.

(8) (Repealed).
72

(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.

PART VI - RELATIONS BETWEEN THE FEDERATION AND THE STATES
Chapter 1 - Distribution of legislative powers
73

In exercising the legislative powers conferred on it by this Constitution -

(a) Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation;

(b) the Legislature of a State may make laws for the whole or any part of that State.
74

(1) Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List of the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).

(2) Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List.

(3) The power to make laws conferred by this Article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this Constitution.

(4) Where general as well as specific expressions are used in describing any of the matters enumerated in the Lists set out in the Ninth Schedule the generality of the former shall not be taken to be limited by the latter.
75

75. If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.
76

(1) Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:

(a) for the purposed of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or

(b) for the purpose of promoting uniformity of the laws of two or more State; or

(c) if so requested by the Legislative Assembly of any State.

(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government or any State concerned has been consulted.

(3) Subject to Clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by the Legislature.

(4) Parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and Clauses (1) (b) and (3) shall not apply to any law relating to any such matter.
76a

(1) It is hereby declared that the power of Parliament to make laws with respect to a matter enumerated in the Federal List includes power to authorise the Legislatures of the States or any of them, subject to such conditions or restrictions (if any) as Parliament may impose, to make laws with respect to the whole or any part of that matter.

(2) Notwithstanding Article 75, a State law made under authority conferred by Act of Parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal (as regards the State in question) any federal law passed before that Act.

(3) Any matter with respect to which the Legislature of a State is for the time being authorised by Act of Parliament to make laws shall for purposes of Articles 79, 80 and 82 be treated as regards the State in question as if it were a matter enumerated in the Concurrent List.
77

77. The Legislature of a State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule, not being a matter in respect of which Parliament has power to make laws.
78

In so far as any law made by Parliament or any regulation made in pursuance of such a law restricts the rights of a State or its residents to the use for navigation or irrigation of any river wholly within that State it shall not have effect in that State unless it has been approved by a resolution of the Legislative Assembly of that State supported by a majority of the total number of its members.
79

(1) Where it appears to the presiding officer of either House of Parliament or of the Legislative Assembly of any State that a Bill or an amendment to a Bill proposes a change in the law relating to any of the matters enumerated in the Concurrent List, or to any of the matters enumerated in the State List with respect to which the Federation is exercising functions in accordance with Article 94, he shall certify the Bill or amendment for the purposes of this Article.

(2) A Bill or amendment certified under this Article shall not be proceeded with until four weeks have elapsed since its publication, unless the presiding officer, being satisfied that the State Governments, or as the case may be, the Federal Government, have been consulted, allows it to be proceeded with on the ground of urgency.

Chapter 2 - Distribution of executive powers
80

(1) Subject to the following provisions of this Article the executive authority of the Federation extends to all matters with respect to which Parliament may make laws, and the executive authority of a State to all matters with respect to which the Legislature of that State may make laws.

(2) The executive authority of the Federation does not extend to any matter enumerated in the State List, except in so far is provided in Articles 93 to 95, nor to any matter enumerated in the Concurrent List, except in so far as may be provided by federal or State law; and so far as federal or State law confers executive authority on the Federation with respect to any matter enumerated in the Concurrent List it may do so to the exclusion of the executive authority of the State.

(3) So far as a law made under Article 76 (4) makes provisions for conferring executive authority on the Federation it shall not operate in any State unless approved by resolution of the Legislative Assembly of that State.

(4) Federal law may provide that the executive authority of a State shall extend to the administration of any specified provisions of federal law and may for that purpose confer powers and impose duties or any authority of the State.

(5) Subject to any provisions of federal or State law, arrangements may be made between the Federation and a State for the performance of any functions by the authorities of the one on behalf of the authorities of the other and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.

(6) Where, in pursuance of Clause (4), any functions are conferred by federal law on any authority of a State the Federation shall make such payments to the State as may be agreed between the Federation and the State or as may in default of agreement be determined by a tribunal appointed by the Lord President of the Supreme Court.
81

The executive authority of every State shall be so exercised-

(a) as to ensure compliance with any federal law applying to that State; and

(b) as not to impede or prejudice the exercise of the executive authority of the Federation.

Chapter 3 - Distribution of financial burdens
82

Where any law or executive action relating to any of the matters enumerated in the Concurrent List involves expenditure, such action shall be taken under this Constitution as will ensure that, unless otherwise agreed, the burden of that expenditure is borne-

(a) by the Federation, if the expenditure results either from federal commitments or from State commitments undertaken in accordance with federal policy and with the specific approval of the Federal Government;

(b) by the State or States concerned, if the expenditure results from State commitments undertaken by the State or States on its or their own authority.

Chapter 4 - Land
83

(1) If the Federal Government is satisfied that land in a State, not being alienated land, is needed for federal purposes, that Government may, after consultation with the State Government, require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation, or to such public authority as the Federal Government may direct, such grant of the land as the Federal Government may direct:

Provided that the Federal Government shall not require the grant of any land reserved for a State purpose unless it is satisfied that it is in the national interest so to do.

(2) Where in accordance with Clause (1) the Federal Government requires the State Government to cause to be made a grant of land in perpetuity, the grant shall be made without restrictions as to the use of the land but shall be subject to the payment annually of an appropriate quit rent and the Federation shall pay to the State a premium equal to the market value for the grant; and where the Federal Government so requires the State Government to cause to be granted any other interest in land, the Federation shall pay to the State the just annual rent therefor and such premium, if any is required by the State Government, as may be just:

Provided that if the value of the land has been increased by means of any improvement made (otherwise than at the expense of the State) while the land was reserved for federal purposes, the increase shall not be taken into consideration in determining the market value, rent or premium for the purposes of this Clause.

(3) Where a requirement is made under Clause (1) in respect of any land which, at the date of the requirement, was intended for any State purpose, then if-

(a) other land is acquired by the State for that purpose in substitution for the first-mentioned land; and

(b) the cost of the land so acquired exceeds the amount paid by the Federation (otherwise than as rent) in accordance with Clause (2) in respect of the interest granted to the Federation,

the Federation shall pay to the State such sum as may be just in respect of the excess.

(4) Where a further grant is made in pursuance of this Article in respect of land an interest in which is vested in the Federation or any public authority, any sums payable by way of premium under Clause (2) in respect of the further grant shall be reduced by an amount equal to the market value of any improvements made (otherwise than at the expense of the State) since that interest became vested as aforesaid.

(5) The foregoing provisions of this Article (except Clause (3)) shall apply in relation to alienated land as they apply in relation to land not being alienated land, but subject to the following modifications:

(a) in Clause (1), the words "after consultation with the State Government" shall be omitted;

(b) where a requirement is made under that Clause, it shall be the duty of the State Government to cause to be acquired by agreement or compulsorily such interest in the land as may be necessary for complying with the requirement;

(c) any expenses incurred by the State in or in connection with the acquisition of land in accordance with paragraph (b) shall be repaid by the Federation, except that if the acquisition is by agreement the Federation shall not, unless it is party to the agreement, by liable to pay more than it would have paid on a compulsory acquisition;

(d) any sum paid by the Federation to the State in accordance with paragraph (c) shall be taken into consideration in determining for the purposes of Clause (2) the market value, the appropriate quit rent or the just annual rent, and shall be deducted from any premium to be paid by the Federation under that Clause.

(6) Where a grant is made to the Federation in pursuance of Clause (1) in respect of land which, or an interest in which, was acquired by the State Government at the expense of the Government of the Federation of Malaya before Merdeka Day, paragraph (d) of Clause (5) shall apply to the sums paid in respect of the acquisition by the Government of the Federation of Malaya as if they were sums paid by the Federation in accordance with paragraph (c) of Clause (5); and Clause (3) shall not apply to any such land.

(7) Nothing in this Article shall prevent the reservation of land in a State for federal purposes on such terms and conditions as may be agreed between the Federal Government and the Government of the State, or affect the power of the appropriate authority in a State to acquire in accordance with any law for the time being in force any alienated land for federal purposes without a requirement by the Federal Government under this Article.
84

(1) Where any interest in land in a State vested in the Federation or a public authority for federal purposes ceases to be required for federal purposes, it shall revert to that State if the State Government agrees to pay to the Federation-

(a) in a case where the land, or an interest therein, was acquired by the State Government in pursuance of Clause (5) of Article 83, or was acquired by the State Government at the expense of the Government of the Federation of Malaya before Merdeka Day, an amount equal to the market value of the interest vested in the Federation or public authority;

(b) in any other case, at the option of the State Government, either-

(i) an amount equal to the market value of that interest; or

(ii) an amount equal to the sums paid (otherwise than as rent) by the Federation, or by the Government of the Federation of Malaya before Merdeka Day, in respect of the grant of that interest, together with the market value of any improvements made (otherwise than at the expense of the State) to the land after that grant.

(2) Where any interest in land to which Clause (1) applies does not revert to the State in accordance with that Clause, the Federal Government or the public authority, as the case may be, may sell the interest on such terms and conditions as that Government or authority may think fit.
85

(1) Where any land in a State which is reserved for any federal purposes ceases to be required for those purposes, the Federal Government shall offer to release the land to the State on condition that the State pays to the Federation-

(a) the market value of any improvements made (otherwise than at the expense of the State) while the land was in use for federal purposes; and

(b) the amount, if any, paid by the Federation, or paid before Merdeka Day by the Government of the Federation of Malaya, in respect of the cost of acquisition of any interest in the land by the State Government;

and if the State Government accepts the offer the reservation shall cease.

(2) Where the State Government does not accept an offer made in accordance with Clause (1), then, unless by agreement between the Federal Government and the State Government the land is reserved for another federal purpose, the Federal Government may require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation a grant of the land in perpetuity without restrictions as to the use of the land, but subject to the payment of a premium equal to the market value of the land reduced by the amounts which would have been payable to the Federation under Clause (1) if the said offer had been accepted, and to the payment annually of an appropriate quit rent; and where such a grant is made to the Federation, the Federal Government may sell and transfer or lease the land on such terms and conditions as it may think fit.

(3) Except as provided by this Article, land in a State which is reserved for federal purposes shall not cease to be so reserved, and all land so reserved shall be controlled and managed by or on behalf of the Federal Government.
86

(1) Where any interest in land is vested in the Federation, the Federation may, subject to Article 84 and to Clause (2) of this Article, dispose of that interest or any smaller interest in the land.

(2) Every such disposition of an interest in land shall be made conditional on the land being used for a federal purpose specified therein, and no such disposition shall be made to a person other than a public authority except-

(a) under and in accordance with the provisions of federal law; or

(b) by an order of the Yang-di-Pertuan Agong laid and approved in accordance with Clause (3):

Provided that nothing in this Clause shall apply to a disposition authorised by Article 84 or Article 85, or to a disposition by the Federation to any person for the purposes of the implementation of any treaty, agreement or convention with any other country, or to any person in his capacity as consular or diplomatic representative of any other country.

(3) An order of the Yang-di-Pertuan Agong under paragraph (b) of Clause (2) shall be laid before both Houses of Parliament and shall not take effect until it is approved by resolution of each House.

(4) Except as provided by Article 84, no interest in land vested for federal purposes in a public authority, or vested in any other person by virtue of a disposition under this Article, shall be disposed of by that authority or person otherwise than to the Federation.

(5) Where any interest in land in a State is disposed of by or to the Federation or any public authority in pursuance of this Article or of Article 84 and 85, it shall be the duty of the Government of that State to register the transaction accordingly.

(6) The foregoing provisions of this Article shall not apply to any land or interest in land in the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan howsoever vested in the Federation, and the Federation may dispose of such land or interest.
87

(1) Where any dispute arises between the Federal Government and a State Government as to the making of any payment by or to the Federation under the foregoing Articles of this Chapter, or as to the amount of any such payment, the dispute shall be referred, at the instance either of the Federal Government or of the State Government, to the Lands Tribunal appointed in accordance with this Article.

(2) The Lands Tribunal shall consist of-

(a) a chairman, who shall be appointed by the Lord President of the Supreme Court and who shall be, or have been, or be qualified to be a judge of the Supreme Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court;

(b) a member who shall be appointed by the Federal Government; and

(c) a member who shall be appointed by the State Government.

(3) The practice and procedure of the Lands Tribunal shall be regulated by rules of court framed by the Rules Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Supreme Court.

(4) An appeal shall lie from the Lands Tribunal to the Supreme Court on any question of law.
88

In their application to any of the States not having a Ruler, Articles 83 to 87 shall have effect-

(a) subject to such adaptations (if any) as Parliament may by law provide, being adaptations required to secure that they apply (as nearly as practicable having regard to differences in the system of land tenure) in the same manner as they apply to other States and

(b) in the case of the States of Sabah and Sarawak with the omission in article 83 of paragraph (a) of Clause (5).
89

(1) Any land in State which immediately before Merdeka Day was a Malay reservation in accordance with the existing law until otherwise provided by an Enactment-

(a) passed by a majority of the total number of members of the Legislative Assembly and by the votes of not less than two-thirds of the members present and voting; and

(b) approved by resolution of each house of Parliament passed by a majority of the total number of members by that House and by the voices of not less than two-thirds of the members voting.

(1A) Any law made under Clause (1) providing for the forfeiture or reversal to the State Authority, or for the deprivation, of the ownership of any Malay reservation, or of any right or interest therein, on account of any person, or any corporation, company or other body (whether corporate or unincorporated) holding the same ceasing to be qualified or competent under the relevant law relating to Malay reservations to hold the same, shall not be invalid on the ground of inconsistency with Article 13.

(2) Any land in a State which is not for the time being a Malay reservation in accordance with the existing law and has not been developed or cultivated may be declared as a Malay reservation in accordance with that law:

Provided that-

(a) where any land in a State is declared a Malay reservation under this Clause, an equal area of land in that State which has not been developed or cultivated shall be made available for general alienation; and

(b) the total area of land in a State for the time being declared as a Malay reservation under this Clause shall not at any time exceed the total area of land in that State which has been made available for general alienation in pursuance of paragraph (a).

(3) Subject to Clause (4), the Government of any State may, in accordance with the existing law, declare as a Malay reservation-

(a) any land acquired by that Government by agreement for that purpose;

(b) on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land;

and shall, in accordance with the existing law, immediately declare as a Malay reservation, in a case where any land ceases to be a Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.

(4) Nothing in this article shall authorise the declaration as a Malay reservation of any land which at time of the declaration is owned or occupied by a person who is not a Malay or in or over which such a person has then any right or interest.

(5) Without prejudice to Clause (3), the Government of any State may, in accordance with law, acquire land for the settlement of Malays or other communities, and establish trusts for that purpose.

(6) In this Article "Malay reservation" means land reserved for alienation to Malays or to natives of the State in which it lies; and "Malay" includes any person who, under the law of the State in which he is resident, is treated as a Malay for the purposes of the reservation of land.

(7) Subject to Article 161a, this Article shall have effect notwithstanding any other provision of this Constitution; but (without prejudice to any such other provision) no land shall be retained or declared as a Malay reservation except as provided by this Article and Article 90.

(8) The provisions of this article shall apply to the Federal Territory of Kuala Lumpur in the like manner that they apply to a state, save that Clause (1) in its application to the Federal Territory of Kuala Lumpur shall be modified to read that any land in the Federal Territory of Kuala Lumpur which immediately before Merdeka Day was a Malay reservation in accordance in accordance with that law until otherwise provided by an Act of Parliament passed by a majority of the total number of members of each House of Parliament and by the votes of not less than two- thirds of the members present and voting in each House.
90

(1) Nothing in this Constitution shall affect the validity of any restrictions imposed by the law on the transfer or lease of customary land in the State of Negeri Sembilan or the State of Malacca, or of any interesting such land.

(1A) For the purpose of Clause (1) -

(a) "transfer" includes any charge, transmission or vesting, or creation of any lien or trust, or entry of any caveat, or any other form of dealing or disposal of whatever description or nature; and

(b) "lease" includes any tenancy of whatever form or duration.

(2) Notwithstanding anything in this Constitution, the existing law in the State of Trengganu with respect to Malay holdings shall continue in force until otherwise provided by an Enactment of the Legislature of that State passed and approved as described in Clause (1) of Article 89.

(3) Any such Enactment of the Legislature of the State of Terengganu may make provision for Malay reservations corresponding with the existing law in force in any other State of a ruler; and in that event the said Article 89 shall have effect in relation to Trengganu subject to the following modifications, that is to say-

(a) in Clause (1), for the reference to land which immediately before Meredeka Day was a Malay reservation in accordance with the existing law, there shall be substituted a reference to land which, immediately before the passing of the said Enactment, was a Malay holding; and

(b) subject as aforesaid, any reference to the existing law shall be construed as a reference to the said Enactment.

91

(1) There shall be a National Land Council consisting of a Minister as chairman, one representative from each of the States, who shall be appointed by the Ruler of Yany di- Pertua Negeri, and such number of representatives of the Federal Government as that Government may appoint, but subject to Clause (5) of Article 95E, the number of representatives of the Federal Government shall not exceed 10.

(2) The chairman may vote on any question before the National Land Council but shall not have a casting vote.

(3) The National Land Council shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year.

(4) If the chairman of a representative of a State or of the Federal Government in unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.

(5) It shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilisation of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

(6) The Federal Government or the Government of any State my consult the National Land Council in respect of any other matter relating to the utilization of land or in respect of any purposed legislation dealing with land or of the administration of any such law, and it shall be the duty of the National Land Council to advise that Government on any such matters.

Chapter 5 - National development
92

(1) If, after a recommendation from an expert committee and after consultation with the National Finance Council, The National Land Council and the Government of any State concerned, the Yang di- Pertuan Agong is satisfied that it is conductive to the national interest that a development plan be put into operation in any area or areas in one or more of the States, the Yang di- Pertuan Agong may, after publishing the plan, proclaim the area or areas as a development area; and thereupon Parliament shall have power to give effect to the development plan or any part thereof, notwithstanding that any of the matters to which the plan relates are matters with respect to which, apart from this Article, only States would have power to make laws.

(2) Any Act passed in pursuance of this Article shall recite that it has been so passed and that the provisions of Clause (1) have been complied with; and Article 79 shall not apply ta any Bill for such an Act or any amendment to such a Bill.

(3) In this Article, "development plan" means a plan for the development, improvement, or conservation of the natural resources of a development area, the exploitation of such resources, or the increase of means of employment in the area.

(4) Without prejudice to their power under any other Article to require any interest in land to be acquired or granted for federal purposes, the Federal Government may from time to time require the reservation for the purposes for a development plan, to such extend as they may specify, of any land in a development area which is not occupied by private persons: but any diminution, in consequence of the reservation of the annual revenue received by a State shall be made good to the State by the Federation.

(5) All income received by the Federation through the operation of a development plan shall, subject to Clause (6). Be applied-

(a) in the first instance, for the provision of capital and the meeting of working expenses for the development plan;

(b) in the second instance, for the repayment to the Federation of any expenditure, including expenditure under Clause (4), incurred by the Federation in operating the plan; and

(c) as to the balance, for payments to the State in which the development area is situated in two or more States, to those States in such proportions as the Federal Government may determine.

(6) If it is agreed between the Federal Government and the Government of any State which includes the whole or any part of the development area that any expenditure incurred in operating the development plan is to be met by the State, any expenditure so met shall be repaid to the State and the repayment shall rank pari passu with the repayment to the Federation of any expenditure incurred by the Federation.

(7) Parliament may repeal or amend any Act passed in pursuance of this Article, and for that purpose may make such incidental and consequential provisions as it may consider necessary.

(8) Nothing in this Article shall affect the power of Parliament or of the Legislature of any State-

(a) to impose such taxes or rates as it is authorised to impose under any other provision of this Constitution; or

(b) to make from the Federal Consolidated Fund or the State Consolidated Fund, as the case may be, grants not repayable under Clause (5) or (6);

except that where, in pursuance of Clause (1), a rate is imposed on any property by federal law which, but for this Article, might have been imposed by State law, no rate of the same kind shall be imposed by State law for any period for which the rate imposed by federal law is payable.

Chapter 6 - Federal surveys, advice to States and inspection of State activities
93

* (1) The Federal Government may conduct such inquiries (whether by Commission or otherwise), authorise such surveys and collect and publish such statistics as it thinks fit, notwithstanding that such inquiries, surveys and collection and publication of statistics relate to a matter with regard to which the Legislature of a State may make laws.

* (2) It shall be the duty if the Government of a State, and of all officers and authorities thereof, to assist the Federal Government in the execution of its powers under this Article; and for this purpose the Federal Government may give such directions as it may deem necessary.

94

* (1) The executive authority of the Federation extends to the conduct of research, the provision and maintenance of experimental and demonstration stations, the giving of advice and technical assistance to the Government of any State, and the provision of education, publicity, and demonstration for the inhabitants of any State, in respect of any of the matters with respect to which the Legislature of a State may make laws; and the agricultural and forestry officers of any State shall accept any professional advice given to the Government of that State under this Clause.

* (2) Notwithstanding anything in this Constitution, the existing Departments of Agriculture, Commissioner of Lands, Forestry and Social Welfare may continue to exercise the functions exercised by them immediately before Merdeka Day.

* (3) Nothing in this Constitution shall prevent the Federal Government from establishing Ministries or Departments of Government to exercise the functions of the Federal Government under Article 93 and this Article in relation to matters within the legislative authority of a State, and such matters may include soil conservation, local government and town and country planning.

95

* (1) Subject to Clause (3), in exercising the executive authority of the Federation any officer authorised by the Federal Government may inspect any department or work of a State Government with a view to making a report thereon to the Federal Government.

* (2) A report made under this Article shall, if the Federal Government so direct, to be communicated to the Sate Government and laid before the Legislative Assembly of the State.

* (3) This Article does not authorise the inspection of any department or work dealing only with or carried on only with respect to matters within the exclusive legislative authority of a State

Chapter 7 - National Council for Local Government
95a

(1) There shall be a National Council for Local Government consisting of a Minister as Chairman, one representative from each of the States, who shall be appointed by the Ruler or Yang di- Pertua Negeri, and such number of representatives of the Federal Government as that Government may appoint but, subject to Claus (5) of Article 95E, the number of representatives of the Federal Government shall not exceed ten.

(2) The Chairman may vote on any question before the National Council for Local Government and shall have a casting vote.

(3) The National Council for Local Government shall be summoned to meet by the Chairman as often as he considers necessary but there shall be at least one meeting in every year.

(4) If the Chairman or a representative of a State or of the Federal Government is unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.

(5) It shall be the duty of the National Council for Local Government to formulate from time to time in consultation with the Federal Government and the State Governments a National policy for the promotion, development and control of local government throughout the Federation and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

(6) It shall also be the duty of the Federal Government and the Government of any State to consult the National Council for Local Government in respect of any proposed legislation dealing with local government and it shall be the duty of the National Council for Local Government to advise those Governments on any such matter.

(7) The Federal Government or the Government of any State may consult the National Council for Local Government in respect of any other matter relating to local government, and it shall be the duty of the National Council and Local Government to advise that Government on any such matter.

Chapter 8 - Application to States of Sabah and Sarawak
95b

(1) In the case of the States of Sabah and Sarawak-

(a) the supplement to List II set out in the Ninth Schedule shall be deemed to form part of the State List, and the matters enumerated therein shall be deemed not to be included in the Federal List or Concurrent List; and

(b) the supplement to List III set out in the Ninth Schedule shall; subject to the State List, be deemed to form part of the Concurrent List, and the matters enumerated therein shall be deemed not to be included in the Federal List (but not so as to affect the construction of the State List, where it refers to the Federal List).

(2) Where by virtue of Clause (1) an item is included in the Concurrent List for a State for a period only, the expiration or termination of that period shall not affect the continued operation of any State law passed by virtue of the item, save as provided by federal or State law.

(3) The Legislature of the State of Sabah or Sarawak may also make laws for imposing sales taxes, and any sales tax imposed by State law in the State of Sabah or Sarawak shall be deemed to be among the matters enumerated in the State List and not in the Federal List; but-

(a) there shall not in the charging or administration of a State sales tax be any discrimination between goods of the same description according to the place in which they originate; and

(b) the charge for any federal sales tax shall be met out of sums collected from a person liable for that tax before the charge for a State sales tax.
95c

(1) Subject to the provisions of any Act of Parliament passed of the Malaysia Day, the Yang di- Pertuan Agong may by order make as respects any State any such provision as may be made by Act of Parliament-

(a) for authorising the Legislator of the State to make laws as mentioned in Article 76A; or

(b) for extending the executive authority of the State, and the powers or duties of any authority of the State, as mentioned in Clause (4) of Article 80.

(2) An order made by the virtue of paragraph (a) of Clause (1) shall not authorise the Legislature of a State to amend or repeal an Act of Parliament passed after Malaysia Day, unless the Act so provides.

(3) Clause (3) of Article 76A and Clauses (6) of Article 80 shall apply in relation to an order under paragraph (a) respectively of Clause (1) of this Article as they apply in relation to an Act of Parliament.

(4) Where an order under this Article is revoked by a later order, the later order may include provision for continuing in force (generally or to such extent or for such purposes as the order may specify) any State law passed by virtue of the earlier order or any subsidiary legislation made or thing done under any such State law, and from the coming into operation of the later order any State law thereby continued in force shall have effect as federal law:

Provided that no provision shall be continued in force by virtue of this Clause if or in so far as it could not have been made by Act of Parliament.

(5) Any order of the Yang di- Pertuan Agong under this Article shall be laid before each House of Parliament.
95d

In relation to the State of Sabah or Sarawak, Clause (4) of Article 76 shall not apply, nor shall paragraph (b) of Clause (1) of that Article enable Parliament to make laws with respect to any of the matters mentioned in Clause (4) of that Article.
95e

(1) In relation to the State of Sabah or Sarawak Articles 91, 92, 94 and 95A shall have effect subject to the following Clauses.

(2) Subject to Clause (5), under Article 91 and under Article 95A the State Government shall not be required to follow the policy formulated by the National Land Council or by the National Council for Local Government, as the case may be, but the representative of the State shall not be entitled to vote on questions before the Council.

(3) Under Article 92 no area in the State shall be proclaimed a development area for the purposes of any development plan without the concurrence of the Yang di- Pertua Negeri.

(4) Under Clause (1) of Article 94 (under which in respect of matters in the State List the Federation may conduct research, give advice and technical assistance, etc.) the agricultural and forestry officers of the State of Sabah and Sarawak shall consider, but shall not be required to accept, professional advice given to the Government of the State.

(5) Clause (2) shall cease to apply to a State-

(a) as regards Article 91, if Parliament so provides with the concurrence of the Yang di- Pertua Negeri; and

(b) as regards Article 95A, if Parliament so provides with the concurrence of the Legislative Assembly;

but for each representative of the State of Sabah or Sarawak becoming entitled, by virtue of this Clause, to vote on questions before the National Land Council or National Council for Local Government, one shall be added to the maximum number of representatives of the Federal Government on that Council.

PART VII - FINANCIAL PROVISIONS
Chapter 1 - General
96

No tax or rate shall be levied by or for the purposes of the Federation except by or under the authority of federal law.
97

(1) All revenues and moneys howsoever raised or received by the Federation shall, subject to the provisions of this Constitution and of federal law, be paid into and form one fund, to be known as the Federal Consolidated Fund.

(2) All revenues and moneys howsoever raised or received by a State shall, subject to Clause (3) and to any law, be paid into and form one fund, to be known as the Consolidated Fund of the State.

(3) If in accordance with State law or in respect of the Federal Territories of Kuala Lumpur and Labuan, in accordance with federal law any Zakat, Fitrah, Bait-ul-Mal or similar Islamic religious revenue is raised, it shall be paid into a separate fund and shall not be paid out except under the authority of State law or federal law, as the case may be.

(4) Unless the context otherwise requires, any reference in this Constitution to the Consolidated Fund shall be construed as a reference to the Federal Consolidated Fund.
98

(1) There shall be charged on the Consolidated Fund, in addition to any grant, remuneration or other moneys so charged by any other Article or federal law-

(a) all pensions, compensation for loss of office and gratuities for which the Federation is liable;

(b) all debt charges for which the Federation is liable; and

(c) any moneys required to satisfy any judgment, decision or award against the Federation by any court or tribunal.

(2) In making payment of any grant to a State in accordance with the provisions of this Part, the Federation may deduct the amount of any debt charges payable to the Federation by the State and charged on the Consolidated Fund of that State.

(3) For the purposes of this Article debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.
99

(1) The Yang di- Pertuan Agong shall, in respect of every financial year, cause to be laid before the House of Representatives a statement of the estimated receipts and expenditure of the Federation for that year, and, unless Parliament in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year:

Provided that there may be separate statements of estimated receipts and estimated expenditure, and in that case it shall not be necessary for the statement of receipts to be so laid before the commencement of the year to which it relates.

(2) The estimates of expenditure shall show-

(a) the total sums required to meet expenditure charged on the Consolidated Fund; and

(b) subject to Clause (3), the sums required to meet the expenditure for other purposes proposed to be met from the Consolidated Fund.

(3) The sums to be shown under paragraph (b) of Clause (2) do not include-

(a) sums representing the proceeds of any loan raised by the Federation for specific purposes and appropriated for those purposes by the Act authorising the raising of the loan;

(b) sums representing any money or interest on money received by the Federation subject to a trust and to be applied in accordance with the terms of the trust;

(c) sums representing any money held by the Federation which has been received or appropriated for the purpose of any trust fund established by or in accordance with Federal law.

(4) The said statement shall also show, so far as is practicable, the assets and liabilities of the Federation at the end of the last completed financial year, the manner in which those assets are invested or held, and the general purposes in respect of which those liabilities are outstanding.
100

The expenditure to be met from the Consolidated Fund but not charged thereon, other than expenditure to be met by such sums as are mentioned in Clause (3) of Article 99, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
101

If in respect of any financial year it is found-

(a) that the amount appropriated by the Supply Act for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Act; or

(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Act,
a supplementary estimate showing the sums required or spent shall be laid before the House of Representatives and the purposes of any such expenditure shall be included in a Supply Bill.
102

Parliament shall have power in respect of any financial year-

(a) before the passing of the Supply Bill, to authorise by law expenditure for part of the year;

(b) to authorise by law expenditure for the whole or part of the year otherwise than in accordance with Articles 99 to 101, if owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency if appears to Parliament to be desirable to do so.
103

(1) Parliament may by law provide for the creation of a Contingencies Fund and for authorising the Minister charged with responsibility for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Contingencies Fund to meet that need.

(2) Where any advance is made in accordance with Clause (1), a supplementary estimate shall be presented and a Supply Bill introduced as soon as possible for the purpose of replacing the amount so advanced.
104

(1) Subject to Clause (2), no moneys shall be withdrawn from the Consolidated fund unless they are-

(a) charged on the Consolidated Fund; or

(b) authorised to be issued by a Supply Act; or

(c) authorised to be issued under Article 102.

(2) Clause (1) does not apply to any such sums as are mentioned in Clause (3) of Article 99.

(3) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.
105

(1) There shall be an Auditor General, who shall be appointed by the Yang di- Pertuan Agong on the advice of the Prime Miister and after consultation with the Conference of Rulers.

(2) A person who has held the office of Auditor General shall be eligible for re- appointment but shall not be eligible for any other appointment in the service of the Federation or for any appointment in the service of a State.

(3) The Auditor General may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Supreme Court.

(4) Parliament shall by law provide for the remuneration of the Auditor General, and the remuneration so provided shall be charged on the Consolidated Fund.

(5) The remuneration and other terms of office (including pension rights) of the Auditor General shall not be altered to his disadvantage after his appointment.

(6) Subject to the provisions of this Article, the terms and conditions of service of the Auditor General shall be determined by federal law and, subject to the provisions of federal law, by the Yang di- Pertuan Agong.
106

(1) The accounts of the Federation and of the States shall be audited and reported on by the Auditor General.

(2) The Auditor General shall perform such other duties and exercise such powers in relation to the accounts of the Federation and of the States and to the accounts of other public authorities and of those bodies which are specified by order made by the Yang di- Pertuan Agong, as may be provided by federal law.
107

(1) The Auditor General shall submit his reports to the Yang di- Pertuan Agong, who shall cause them to be laid before the House of Representatives.

(2) A copy of any such report relating to the accounts of a State, or to the accounts of any public authority exercising powers conferred by State law, shall be submitted to the Ruler or Yang di- Pertua Negeri of that State, who shall cause it to be laid before the Legislative Assembly.
108

(1) There shall be a National Finance Council consisting of the Prime Minister, such other Ministers as the Prime Minister may designate, and one representative from each of the States, appointed by the Ruler or Yang di- Pertua Negeri.

(2) The National Finance Council shall be summoned to meet by the Prime Minister as often as he considers necessary and whenever the representatives of three or more States demand a meeting, but there shall be at least one meeting in every twelve months.

(3) At any meeting of the National Finance Council the Prime Minister may be represented by another Minister of the Federation, and the Prime Minister or, if he is not present, the Minister representing him, shall preside.

(4) It shall be the duty of the Federal Government to consult the National Finance Council in respect of-

(a) the making of grants by the Federation to the States;

(b) the assignment to the States of the whole of any portion of the proceeds of any federal tax of fee;

(c) the annual loan requirements of the Federation and the States and the exercise by the Federation and the States of their borrowing powers;

(d) the making of loans to any of the States;

(e) the making of development plans in accordance with Article 92;

(f) the matters referred to in item 7 (f) and (g) of Federal Lists;

(g) any proposal to introduce a Bill for such a law as is mentioned in Article 109 (2) or Article 110 (3) or (3A);

(h) any other matter in respect of which this Constitution or federal law makes provision for consultation with the National Finance Council.

(5) The Federal Government may consult the National Finance Council in respect of any other matter, whether or not it involves questions of finance, and the Government of a State may consult the said Council in respect of any matter which affects the financial position of that State.
109

(1) The Federation shall make to each State in respect of each financial year-

(a) a grant, to be known as a capitation grant, which shall be calculated in accordance with the provisions of Part I of the Tenth Schedule;

(b) a grant for the maintenance of State roads, to be known as the State road grant, which shall be calculated in accordance with the provisions of Part II of that schedule.

(2) Parliament may from time to time by law vary the rates of the capitation grant; but if the effect of any such law is to reduce grant, provision shall be made in that law for securing that the amount of grant received by any State in respect of any financial year is not less than ninety per cent of the amount received by that State in the preceding financial year.

(3) Parliament may by law make grants for specific purposes to any of the States on such terms and conditions as may be provided by any such law.

(4) The amounts required for making the grants mentioned in the preceding provisions of this Article shall be charged on the Consolidated Fund.

(5) If, in accordance with Article 103, a Contingencies Fund is created, the power to make advances from that Fund for meeting an urgent and unforeseen need for expenditure shall include power to make such advances to a State for meeting such a need.

(6) The Federation shall pay into a fund, to be known as the State Reserve Fund-

(a) (Repealed)

(b) in respect of every financial year such sum as the Federal Government may, after consultation with the National Finance Council, determine to be necessary;

and the Federation may from time to time, after consultation with the National Finance Council, make grants out of the State Reserve Fund to any State for purposes of development or generally to supplement its revenues.
110

(1) Subject to Clause (2), each of the States shall reserve all proceeds from the taxes, fees and other sources of revenue specified in Part III of the Tenth Schedule so far as collected, levied or raised within the State.

(2) Parliament may from time to time by law substitute for any source of revenue specified in section 1, 3, 4, 5, 6, 7, 8, 12 or 14 of Part III of the Tenth Schedule or for any source of revenue so substituted, another source of revenue of substantially equal value.

(3) Each State shall receive, on such terms and conditions as may be provided by or under federal law, ten per cent or such greater amount as may be so provided of the export duty on tin produced in the State.

(3A) Parliament may by law provide that each State shall receive, on such terms and conditions as may be prescribed by or under federal law, such proportion as may be so prescribed of the export duty on minerals (other than tin) produced in the State.

In this Article minerals means mineral ores, metal and mineral oils.

(3B) Without prejudice to the power to impose conditions conferred by Clause (3) or (3A), Parliament may by law provide for prohibiting or restricting, in, or except in, such cases as may be provided by or under the law, the levying of royalties on or similar charges in respect of minerals (whether under a lease or other instrument or under any State enactment, and whether the instrument was made or the enactment passed before or after the coming into operation of this Clause).

(4) Without prejudice to the provisions of Clauses (1) to (3A), Parliament may by law-

(a) assign to the States the whole or any portion of the proceeds of any tax or fee raised or levied by the Federation; and

(b) assign to the States the responsibility of collecting for State purposes any tax or fee authorised by federal law.

(5) The amounts receivable by the States under Clause (1), (2) or (4) shall not be paid into the Consolidated Fund: and the amounts receivable by the States under Clauses (3) and (3A) shall be charged on the Consolidated Fund.
111

(1) The Federation shall not borrow except under the authority of federal law.

(2) A State shall not borrow except under the authority of State law, and State law shall not authorise a State to borrow except from the Federation or, for a period not exceeding five years, from a bank or other financial source approved for that purpose by the Federal Government, and subject to such conditions as may be specified by the Federal Government.

(3) A State shall not give any guarantee except under the authority of State law, and such guarantee shall not be given except with the approval of the Federal Government and subject to such conditions as may be specified by it.
112

(1) Subject to Clause (2), no State shall, without the approval of the Federation, make any addition to its establishment or the establishment of any of its departments, or alter the rates of established salaries and emoluments, if the effect of doing so would be to increase the liability of the Federation in respect of pensions, gratuities or other like allowances.

(2) This Article does not apply to-

(a) non-pensionable appointments the maximum salaries of which do not exceed four hundred ringgit per month or such other amount as may be fixed by order by the Yang di- Pertuan Agong; or

(b) pensionable appointments the maximum salaries of which do not exceed one hundred ringgit per month or such other amount as may be fixed by order by the Yany di- Pertuan Agong.

Chapter 2 - Application to States of Sabah and Sarawak
112a

(1) The Auditor General shall submit his reports relating to the accounts of each of the States of Sabah and Sarawak, or to the accounts of any public authority exercising powers vested in it by the State law in either of those States, to the Yang di- Pertuan Agong (who shall cause them to be laid before the House of Representatives) and to the Yang di- Pertua Negeri of the State; and accordingly Clause (2) of Article 107 shall not apply to those reports.

(2) The Yang di- Pertua Negeri shall cause any such report submitted to him to be laid before the Legislative Assembly.

(3) The powers and duties of the Auditor General in relation to the accounts mentioned in Clause (1) for any period ending before the year 1969 shall, in the State of Sabah and Sarawak, be exercised and discharged on his behalf by the senior officer of his department for the time being stationed in the State in question:

Provided that during the absence or incapacity of that officer, or a vacancy in his post, those powers and duties shall be exercised and discharged by the Auditor General or such officer of his department as he may designate.
112b

Clause (2) of Article 111 shall not restrict the power of the State of Sabah and Sarawak to borrow under the authority of State law within the State, if the borrowing has the approval of the Central Bank for the time being of the Federation.
112c

(1) Subject to the provisions of Article 112D and to any limitation expressed in the relevant section of the Tenth Schedule-

(a) the Federation shall make to the States of Sabah and Sarawak in respect of each financial year the grants specified in Part IV of that Schedule; and

(b) each of those States shall receive all proceeds from the taxes, fees and dues specified in Part V of that Schedule, so far as collected, levied or raised within the State, or such part of those proceeds as is so specified.

(2) The amounts required for making the grants specified in the said Part IV, and the amounts receivable by the State of Sabah and Sarawak under section 3 or 4 of the said Part V, shall be charged on the Consolidated Fund; and the amounts otherwise receivable by the State of Sabah and Sarawak under the said Part V shall not be paid into the Consolidated Fund.

(3) In Article 110, Clauses (3A) and (4) shall not apply to the State of Sabah and Sarawak.

(4) Subject to Clause (5) of Article 112D, in relation to the State of Sabah and Sarawak Clause (3B) of Article 110-

(a) shall apply in relation to all minerals, including mineral oils; but

(b) shall not authorise Parliament to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may be so levied in any case so that the State is not entitled to receive a royalty amounting to ten per cent ad valorem (calculated as for export duty).

112d

(1) The grants specified in section 1 and subsection (1) of section 2 of Part IV of the Tenth Schedule, and any substituted or additional grant made by virtue of this Clause, shall at the intervals mentioned in Clause (4) be reviewed at the Governments of the Federation and the State or State concerned, and if the agree on the alteration or abolition of any of those grants, or the making of another grant instead of or as well as those grants or any of them, the said Part IV and Clause (2) of Article 112C shall be modified by order of the Yang di- Pertaun Agong as may be necessary to give effect of the agreement:

Provided that on the first review the grant specified in subsection (2) of section 1 of the said Part IV shall not be brought into question except for the purpose of fixing the amounts for the ensuing five years.

(2) Any review under this Article shall take into account the financial position of the Federal Government, as well as the needs of the States or State concerned, but (subject to that) shall endeavour to ensure that the State revenue is adequate to meet the cost of State services as they exist at the time of the review, with such provision for their expansion as appears reasonable.

(3) The period for which provision is to be made on a review shall be a period of five years or (except in the case of the first review) such longer period as may be agreed between the Federation and the States or State concerned: but any order under Clause (1) giving effect to the results of a review shall continue in force after the end of that period, except in so far as it is superseded by a further order under that Clause.

(4) A review under this Article shall not take place earlier than is reasonably necessary to secure that effect can be given to the results of the review from the end of the year 1968 of, in the case of a second or subsequent review, from the end of the period provider for by the preceding review; but, subject to that, reviews shall be held as regards both the States of Sabah and Sarawak for periods beginning with the year 1969 and with the year 1974, and thereafter as regards either of them at such time (during or after the period provided for on the preceding review) as the Government of the Federation or of the State may require.

(5) If on the occasion of any review under this Article the Government of the Federation give notice to the States or State concerned of their intension to vary any of the assignments of revenue under Part V of the Tenth Schedule (including any substituted or additional assignment made by virtue of this Clause), or vary Clause (4) of Article 112C, the review shall take the variation into account, and provision shall be made by order of the Yang di- Pertuan Agong so as to give effect to the variation from the beginning of the period provided for on the review:

Provided that this Clause shall not apply to the assignments under section 4, 7 and 8, and shall not apply to that under section 5 or 6 until the second review.

(6) If on any review the Federal Government and the Government of a State are unable to reach agreement on any matter, it shall be referred to an independent assessor, and his recommendations thereon shall be binding on the Governments concerned and shall be given effects as if they were the agreement of those governments.

(7) Clause (4) of Article 108 shall not apply to require the Federal Government to consult the National Finance Council in respect of matters arising under this Article.

(8) Any order of the Yang di- Pertuan Agong under this Article shall be laid before each House of Parliament.
112e

112E. (Repealed)

PART VIII - ELECTIONS
113

(1) There shall be an Election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, shall conduct elections to the House of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.

(2)

(i) Subject to paragraph (ii), the Election Commission shall, from time to time, as they deem necessary, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of the constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.

(ii) There shall be an interval of not less than eight years between of the date of completion of one review, and the date of commencement of the next review, under this Clause.

(iii) A review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement.

(3) If the Election Commission are of opinion that in consequence of a law made under Article 2 it is necessary to undertake the reviews mentioned in Clause (2), they shall do so, whether or not eight years have elapsed since the last review under this Clause.

(3A)

(i) Where the number of elected members of the House of Representatives is altered in consequence of any amendment to Article 46, or the number of elected members of the Legislative Assembly of a State is altered in consequence of a law enacted by the Legislature of a State, the Election Commission shall undertake a review of the division into federal or State constituencies, as the case may be, of the area which is affected by the alteration, and such review shall be completed within a period of not more than two years from the date of the coming into force of the law making the alteration.

(ii) A review on the paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragraph (i) or that Clause.

(iii) The provisions of the Thirteenth Schedule shall apply to a review under this Clause, but subject to such modifications as may be considered necessary by the Election Commission.

(4) Federal or State law may authorise the Election Commission to conduct election other than those referred to in Clause (1).

(5) So far as may be necessary for the purposes of its functions under this Article the Election Commission may make rules, but any such rules shall have effect subject to the provisions of federal law.

(6) There shall be separate reviews under Clause (2) for the States of Malaya and for each of the States of Sabah and Sarawak, and for the purposes of this Part the expression "unit of review" shall mean, for federal constituencies, the area under review and, for State constituencies, the State and the expression "States of Malaya" shall include the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.

(7) Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this Constitution or under the Malaysia Act.

(8) Notwithstanding Clause (7) of this Article the period for reviews under Clause (2) for the unit of review of the States of Malaya undertaken after the passing of the Constitution (Amendment) (No. 2) Act 1973 shall be calculated from the first delimitation of constituencies for that unit immediately following the passing of that Act.

(9) The date of the commencement of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the publication in the Gazette of the notice referred to in section 4 of the Thirteenth Schedule.

(10) The date of the completion of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the submission of the report to the Prime Minister under section 8 of the Thirteenth Schedule, and a notice of such date shall be published by the Election Commission in the Gazette.
114

(1) The Election Commission shall be appointed by the Yang di- Pertuan Agong after consultation with the Conference of Rulers, and shall consist of a chairman, a deputy chairman and three other members.

(2) In appointing members of the Election Commission the Yang di- Pertuan Agong shall have regard to the importance of securing an Election Commission which enjoys public confidence.

(3) A member of the Election Commission shall cease to hold office on attaining the age of sixty- five years or on becoming disqualified under Clause (4) and may at any time resign his office by writing under his hand addressed to the Yang di- Pertuan Agong, but shall not be removed from office except on the like grounds and in the like manner as a judge of the Supreme Court.

(4) Notwithstanding anything in Clause (3), the Yang di- Pertuan Agong shall by order remove from office any member of the Election Commission if such member-

(a) is an undischarged bankrupt; or

(b) engages in any paid office or employment outside the duties of his office; or

(c) is a member of either House of Parliament or of the Legislative Assembly of a State.

(4A) In addition to any disqualification provided under Clause (4), the chairman of the Election Commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(5) Parliament shall by law provide for the remuneration of members of the Election Commission, and the remuneration so provided shall be charged on the Consolidated Fund.

(5A) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of members of the Election Commission other than their remuneration.

(6) The remuneration and other terms of office of a member of the Election Commission shall not be altered to his disadvantage after his appointment.

(7) Where, during any period, the chairman of the Election Commission has been granted leave of absence by the Yang di- Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the Election Commission may be appointed by the Yang di- Pertuan Agong to discharge the functions of the chairman during that period.
115

(1) The Election Commission may employ such number of persons, on such terms and subject to such conditions, as the Commission may with the approval of the Yang di- Pertuan Agong determine.

(2) All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable; and in exercising its functions of making recommendations for the delimitation of constituencies for the elections mentioned in article 113 (1) the Commission shall seek the advice of two officers of the Federal Government with special knowledge of the topography of, and the distribution of the population in, the unit of review for federal elections, and those offices shall be selected for that purpose by the Yang di- Pertuan Agong.
116

(1) For the election of members to the House of Representatives a unit of review shall be divided into constituencies in accordance with the provisions contained in the Thirteenth Schedule.

(2) The total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the States of Malaya a number determined in accordance with the provisions contained in Article 46 and the Thirteenth Schedule shall be allocated to each State.

(3) (Repealed).

(4) (Repealed).

(5) (Repealed).
117

For the election of members to the Legislative Assembly of a State the State shall be divided into as many constituencies as there are elected members, so that one member shall be elected for each constituency; and the division shall be made in accordance with the provisions contained in the Thirteenth Schedule.
118

No election to the House of Representatives or to the Legislative Assembly of a State shall be called into question except by an election petition presented to the High Court having jurisdiction where the election was held.
118a

A petition complaining of no return to the House of Representatives shall be deemed to be an election petition and the High Court may make such order thereon as it may think fit for compelling a return to be made, but the failure to make a return within any period specified by Article 54 or 55 shall not be a ground for declaring that a member has not been duly elected.
119

(1) Every citizen who-

(a) has attained the age of twenty- one years on the qualifying date; and

(b) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter,

is entitled to vote in that constituency in any election to the House of Representatives or the Legislative Assembly unless he is disqualified under Clause (3) or under any law relating to offences committed in connection with elections; but no person shall in the same election vote in more than one constituency.

(2) If a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purpose of Clause (1) be deemed not to be resident in that constituency.

(3) A person is disqualified for being a elector in any election to the House of Representatives or the Legislative Assembly if-

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or

(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence.

(4) In this Article "qualifying date" means the date by reference to which the electoral rolls are prepared or revised, and "absent voter" means in relation to any constituency any citizen who is registered as an absent voter in respect of that constituency under the provisions of any law relating to elections.
120

Where in accordance with Article 45 (4) provision is made by Parliament for the election of Senators by the direct vote of electors-

(a) the whole of a State shall form a single constituency and each elector shall have as many votes at any election to the Senate as there are seats to be filled in that election; and

(b) the electoral rolls for elections to the House of Representatives shall also be the electoral rolls for election to the Senate; and

(c) Articles 118, 118A and 119 shall apply in relation to elections to the Senate as they apply in relation to elections to the House of Representatives.

PART IX - THE JUDICIARY
121

(1) Subject to Clause (2) the judicial power of the Federation shall be vested into High Courts of co- ordinate jurisdiction and status, namely-

(a) one of the States of Malaya, which shall be known as the High Court in Malaya and shall have its principle registry in Kuala Lumpur; and

(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principle registry at such place in the States of Sabah and Sarawak as the Yang di- Pertaun Agong may determine;

(c) (Repealed);

and in such inferior courts as may be provided by federal law.

(2) The following jurisdiction shall be vested in a court which shall be known as the Mahkamah Agung (Supreme Court) and shall have its principle registry in Kuala Lumpur, that is to say-

(a) exclusive jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decision of a High Court given by a registrar or other officer of the court and appealable under federal law to a judge of the Court);

(b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and

(c) such other jurisdiction as may be conferred by or under federal law.

(3) Subject to any limitations imposed by or under federal law, any order, decree, judgement or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.

(4) In determining where the principal registry of the High Court in Borneo is to be, the Yang di- Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Justice of the High Court.
122

(1) The Supreme Court shall consist of a president of the Court (to be styled "the Lord President of the Supreme Court"), of the Chief Justices of the High Courts and, until the Yang di- Pertuan Agong by order otherwise provides, of four other judges and such additional judges as may be appointed pursuant to Clause (1A).

(1A) Notwithstanding anything in this Constitution contained, the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court may appoint for such purposes or for such period as he may specified any person who has held high judicial office in Malaysia to be an additional judge of the Supreme Court:

Provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty- five years.

(2) A judge of High Court other than the Chief Justice may sit as a judge of the Supreme Court where the Lord President considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the Lord President.
122a.

(1) Each of the High Courts shall consist of a Chief Judge and not less than four other judges; but the number of other judges shall not, until the Yang di- Pertuan Agong by order otherwise provides, exceed-

(a) in the High Court in Malaya, twelve; and

(b) in the High Court in Borneo, eight.

(c) (Repealed).

(2) Any person qualified for appointment as a judge of High Court may sit as a judge of that court, if designated for the purpose (as occasion requires) in accordance with Article 122B.

(3) For the dispatch of business of the High Court in Borneo in an area in which a judge of the court is not the time being available to attend to business of the court, the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court, or for an area in either State the Yang di- Pertua Negeri of the State acting on the advice of the Chief Justice of the court, may by order appoint to be judicial commissioner in that area for such period or for such purposes as may be specified in the order an advocate or person professionally qualified to be admitted an advocate of the court.

(4) Subject to any limitations or conditions imposed by the order appointing him, a judicial commissioner shall have power, in the area for which he is appointed, to perform such functions of a judge of the High Court in Borneo as appear to him to require to be performed without delay; and anything done by a judicial commissioner when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.

(5) For the dispatch of business of the High Court in Malaya; the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of High Court; and the person so appointed shall have power to perform such functions of a judge of the High Court in Malaya as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.
122b

(1) The Lord President of the Supreme Court, and chief justices of the High Courts and (subject to Article 122C) the other judges of the Supreme Court and of the High Court shall be appointed by the Yang di- Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President of the Supreme Court, the Prime Minister shall consult the Lord President.

(3) Before tendering his advice as to the appointment under Clause (1) of the Chief Justice of a High Court, the Prime Minister shall consult the Chief Justice of each of the High Courts and, if the appointment is to the High Court in Borneo, the Chief Minister of each of the States of Sabah and Sarawak.

(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President or a Chief Justice, the Prime Minister shall consult, if the appointment is to the Supreme Court, the Chief Justice of each of the High Courts and, if the appointment is to one of the High Courts, the Chief Justice of that court.

(5) This Article shall apply to the designation of a person to sit as judge of a High Court under Article 122A (2) as it applies to the appointment of a judge of the court other than the Chief Justice.

(6) Notwithstanding the dates of their respective appointments as judges of the Supreme Courts or of the High Courts, the Yang di- Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Lord President, may determine the order of precedence of the judges among themselves.
122c

Article 122B shall not apply to the transfer to a High Court, otherwise than as Chief Justice of a judge of another High Court other than the Chief Justice; and such a transfer may be made by the Yang di- Pertaun Agong, on the recommendation of the Lord President of the Supreme Court, after consulting the Chief Justices of the two High Courts.
123

A person is qualified for appointment under Article 122B as a judge of the Supreme Court or as a judge of any of the High Courts if-

(a) he is a citizen, and

(b) for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or of the legal service of a State, or sometimes one and sometimes another.
124

(1) The Lord President of the Supreme Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the Yang di- Pertuan Agong.

(2) A judge of the Supreme Court or a High Court, other than the Lord President of the Supreme Court, shall before exercising the functions of a judge take and subscribe that oath in relation to his judicial duties in whatever office, and, having done so, shall not be required to take that oath again on appointment or transfer to another judicial office, not being that of Lord President.

(3) A person taking the oath on becoming Chief Justice of a High Court shall do so in the presence of the senior judge available of that High Court, unless he takes it in accordance with Clause (4) as a judge of the Supreme Court.

(4) Subject to Clause (3), a person taking the oath on becoming a judge of the Supreme Court shall do so in the presence of the Lord President or, in his absence, the next senior judge available of the Supreme Court.

(5) A person taking the oath on becoming a judge of a High Court (but not Chief Justice) shall do so in the presence of the Chief Justice of that Court or, in his absence, the next senior judge available of that Court.
125

(1) Subject to the provisions of Clauses (2) to (5), a judge of the Supreme Court shall hold office until he attains the age of sixty- five years or such later time, not being later than six months after he attains that age, as the Yang di- Pertaun Agong may approve.

(2) A judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the Yang di- Pertaun Agong but shall not be removed from office except in accordance with the following provisions of this Article.

(3) If the Prime Minister, or the Lord President after consulting the Prime Minister, represents to the Yang di- Pertuan Agong that a judge of the Supreme Court oath to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or of any cause, properly to discharge the functions of his office, the Yang di- Pertaun Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

(4) The said tribunal shall consist of not less than five persons who hold or have held office as judge of the Supreme Court or a High Court or, if it appears to the Yang di- Pertaun Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Common Wealth and shall be presided over by the member first in the following order, namely, the Lord President of the Supreme Court, the Chief Justices according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date.

(5) Pending any reference and report under Clause (3) the Yang di- Pertaun Agong may on the recommendation of the Prime Minister and, in case of any other judge after consulting the Lord President, suspend a judge of the Supreme Court from the exercise of his functions.

(6) Parliament shall by law provide for the enumeration so provided shall be charged on the Consolidated Fund.

(6A) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the judges of the Supreme Court other than their enumeration.

(7) The enumeration and other terms of office (including pension rights) of a judge of the Supreme Court shall not be altered to his disadvantage after this appointment.

(8) Notwithstanding Clause (1) the validity of anything done by a judge of the Supreme Court shall not be questioned on the ground that he has attained the age at which he was required to retire.

(9) This Article shall apply to a judge of a High Court as it applies to a judge of a Supreme Court, except that the Yang di- Pertaun Agong before suspending under Clause (5) a judge of a High Court other than the Chief Justice shall consult the Chief Justice of that Court instead of the Lord President of the Supreme Court.

(10) (Repealed).
125a

(1) Notwithstanding anything contained in this Constitution, it is hereby declared that-

(a) The Lord President of the Federal Court and a judge of the Supreme Court may exercise all or any of the powers of the judge of a High Court; and

(b) A judge of the High Court in Malaya may exercise all or any of the powers of a judge of the High Court in Borneo, and visa versa.

(2) The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day.
126

The Supreme Court or a High Court shall have power to punish any contempt of itself.
127

The conduct of a judge of the Supreme Court or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by no less than one quarter of differences in the system of land tenure) in the same manner as they apply to other States.
128

(1) The Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction -

(a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws; and

(b) disputes on any other question between States or between the Federation and any State.

(2) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Supreme Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.

(3) The jurisdiction of the Supreme Court to determine appeals from a High Court or a judge thereof shall be such as may be provided by federal law.
129

(Repealed)
130

The Yang di-Pertuan Agong may refer to the Supreme Court for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears to him likely to arise, and the Supreme Court shall pronounce in open court its opinion on any question so referred to it.
131

(Repealed).
131a

(1) Any provision made by federal law for the functions of the Lord President of the Supreme Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the Supreme Court may extend to his functions under this Constitution.

(2) Any provision made by federal law for the functions of the Chief Justice of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of that court may extend to his functions under this Constitution other than functions as judge of the Supreme Court.

PART X - PUBLIC SERVICES
132

(1) For the purposes of this Constitution, the public services are -

(a) the armed forces;

(b) the judicial and legal service;

(c) the general public service of the Federation;

(d) the police force;

(e) the railway service;

(f) the joint public services mentioned in Article 133;

(g) the public service of each State; and

(h) the education service.

(2) Except as otehrwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may bge regulated by federal law and, subject to the provisions of any such law, by Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di-Pertua Negeri of that State.

(2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (e), (f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or Yang di-Pertua Negeri.

(3) The public service shall not be taken to comprise -

(a) the office of any member of the administration in the Federation or a State; or

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or

(c) the office of judge of the Supreme Court or a High Court; or

(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or

(e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation.

(4) References in this Part, except in Articles 136 and 147 to persons in the public service or to members of any of the public services shall not apply to:

(a) the Clerk to either House of Parliament or any member of the Staff of Parliament; or

(b) the Attorney General or, if provisions for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; or

(c) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; or

(d) in the case of Malacca and Penang, if provision os made by State law for their appointment -

(i) the President of the Religious Affairs Department;

(ii) the Secretary of the Religious Affairs Department;

(iii) the Mufti;

(iv) the Kadi Besar; or

(v) a Kadi.

133

(1) Joint services, common to the Federation and one more of the States or, at the request of the States concerned, to two or more States, may be established by federal law.

(2) Where a member of any of the public services is employed:

(a) partly for federal purposes and partly for State purposes; or

(b) for the purposes of two or more States;

the proportion, if any, of his renumeration payable by the Federation and the State or States concerned or, as the case may be, by each of the States concerned, shall, subject to federal law, be determined by agreement or, in default of agreement, by the Commission whose jurisdiction extends to him.
134

(1) The Federation may, at the request of a State, second any member of any of the services mentioned in paragraph (a), (b), (c), (d) or (f) of Clause (1) of Article 132 to the service of that State; and a State may at the request of the Federation or of another State second any member of its own public service to the service of the Federation or, as the case may be, of that other State.

(2) A person seconded under this Article shall remain a member of the service to which he belongs, but his renumeration shall be paid by the State to whose service he is seconded or, if he is seconded to the service of the Federation, by the Federation.
135

(1) No member of any of the services mentioned in paragraphs (b) to (h) of Clause (1) of Article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank;

Provided that in its application to members of the services mentioned in paragraphs (g) of Clause (1) of Article 132 this Clause shall not apply to any law which the legislature of any State, other than Penang and Malacca, may make to provide that all powers and functions of a Public Service Commission of such State, other than the power of first appointment to the permanent or pensionable establishment, be exercised by a Board appointed by the Ruler of such State:

And provided further that this Clause shall not apply to a case where a member of any of the services mentioned in this Clause is dismissed or reduced in rank by an authority in pursuance of a power delegated to it by a Commission to which this Part applies, and this proviso shall be deemed to have been an integral part of this Clause as from Merdeka Day.

(2) No member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard:

Provided that this Clause shall not apply to the following cases -

(a) where a member of such a service is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him; or

(b) where the authority empowered to dismiss or reduce in rank a member of such a service is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to carry out the requirements of this Clause: or

(c) where the Yang di-Pertuan Agong, or, in the case of a member of the public service of a State, the Ruler or Yang di-Pertua Negeri of that State, is satisfied that in the interests of the security of the Federation or any part thereof it is not expedient to carry out the requirements of this Clause; or

(d) where there has been made against a member of such a service any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on such a member any form of restriction or supervision by bond or otherwise, under any law relating to the security of the Federation or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls:

Provided further that for the purpose of this Article, where the service of a member of such a service is terminated in the public interest under any law for the time being in force or under any regulation made by the Yang di-Pertuan Agong under Article 132 (2), such termination of service shall not constitute dismissal whether or not the decision to terminate the service is connected with the misconduct of or unsatisfactory performance of duty by such member in relation to his office or the consequences of the termination involved an element of punishment; and this proviso shall be deemed to have been an integral part of this Article as form Merdeka Day.

(3) No member of any of the services mentioned in paragraph (c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.
136

136. All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of thier employment, be treated impartially.
137

(1) There shall be an Armed Forces Council, which shall be responsible under the general authority of the Yang di-Pertuan Agong for the command, disciplne and administration of, and all other matters relating to, the armed forces, other than matters relating to their operatonial use.

(2) Clause (1) has effect subject to the provisions od any federal law, and any such law may provide for the vesting in the Armed Forces Council of any functions with respect to the armed forces.

(3) The Armed Forces Council shall consist of the following members, that is to say -

(a) the Minister for the time being charged with responsibility for defence, who shall be Chairman;

(b) one member representing Their Royal Highnesses, who shall be appointed by the Conference of Rulers;

(c) the Chief of the Armed Forces Staff who shall be appointed by the Yang di-Pertuan Agong;

(d) a civilian member, being the person performing the duties of the office of Secretary general for Defence, who shall act as Secretary to the Council;

(e) two senior staff officers of the Federation Armed Forces, appointed by the Yang di-Pertuan Agong;

(f) a senior officer of the Federation Navy, appointed by the Yang di-Pertuan Agong;

(g) a senior officer for the Federation Air Force, appointed by the Yang di-Pertuan Agong;

(h) two, if any, additional members, whether military or civilian, appointed by the Yang di-Pertuan Agong.

(4) The Armed Forces Council may act notwithstanding a vacancy in its membership and may, subject to this Constitution and to federal law, provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b) the duties and responsibilities of the several members of the Council, including the delegation to any member of the Council of any of its powers or duties;

(c) the consultation by the Council with persons other than its members;

(d) the procedure to be followed by the Council in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;

(e) any other matters for which the Council considers it necessary or expedient to provide for the better performance of its functions.
138

(1) There shall be a Judicial and Legal Service Commission, whose jurisdiction shall extend to all members of the judicial, and legal service.

(2) The Judicial and Legal Service Commission shall consist of -

(a) the Chairman of the Public Services Commission, who shall be Chairman;

(b) the Attorney General or, if the Attorney General is a member of Parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General; and

(c) one or more other members who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Lord President of the Supreme Court, from among persons who are or have been or are qualified to be a judge of the Supreme Court or a High Court or shall before Malaysia Day have been a of the Supreme Court or a High Court or shall before Malaysia Day have been a judge of the Supreme Court.

(3) The person who is secretary to the Public Services Commission shall be secretary also to the Judicial and Legal Service Commission.
139

(1) There shall be a Public Services Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the services mentioned in paragraphs (c), (e) and (f) of Clause (1) of Article 132, other than the Auditor General, to members of the public services of the State of Malacca and the State of Penang, and, to the extent provided by Clause (2), to members of the public service of any other State.

(1A) The jurisdiction of the Public Services Commission shall extend to -

(a) members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak;

(b) members of the public service of the State of Sabah or Sarawak who are seconded to the general public service of the Federation; and

(c) members of the public service of the State of Sabah or Sarawak serving in federal posts or in any posts which have become federal posts in that State and who have exercised the option to be members of the general public service of the Federation.

(2) The legislature of any State other than Malacca and Penang may by law extend the jurisdiction of the Public Services Commission to all or any persons in the public service of that State, but no such law shall take effect earlier than twelve months from the date of its passing; and if at any time there is not, in any such State in which no such law is in force, established and exercising its functions a State Public Service such authority as may be provided in that law, and in that event, if the authority is other than the Commission, the disciplinary control exercisable by such authority shall not be exercised by the Commission; and no provision of such law shall be invalid on the ground of inconsistency with any provision of this Part.

(2) Federal law may provide for the exercise of other functions by the Police Force Commission.

(3) The Police Force Commission shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for the police, who shall be Chairman;

(b) the officer of police in general command of the police force;

(c) the person performing the duties of the office of Secretary General to the Ministry under the Minister for the time being charged with responsibility for the police;

(d) a member of the Public Services Commission appointed by the Yang di-Pertuan Agong;

(e) not less than two nor more than six other members, appointed by the Yang di-Pertuan Agong.

(4) The Yang di-Pertuan Agong may designate as special posts the posts of Inspector-General of Police, Deputy Inspector-General of Police and any other posts in the police force which in his opinion are of similar or superior status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di-Pertuan Agong on the recommendation of the Police Force Commission.

(5) Before acting in accordance with Clause (4) on the recommendation of the Police Force Commission, the Yang di-Pertuan Agong shall consider the advice of Commission, the jurisdiction of the Public Services Commission shall, if federal law so provides, extend to all members of the public service of that State.

(3) Any extension of the jurisdiction of the Public Service Commission made by the legislature of any State pursuant to Clause (2) may be revoked or modified by a law passed by the legislature of such State.

(4) The Public Services Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a chairman, a deputy chairman and not less than four nor more than thirty other members.

(5) Either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services.

(6) A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.
140

(1) There shall be a Police Force Commission whose jurisdiction shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force:

Provided that Parliament may by law provide for the exercise of such disciplinary control over all or any of the members of the police force in such manner and by the Prime Minister, and may once refer the recommendation back to the Commission in order that it may be reconsidered.

(6) The Police Force Commission may provide for all or any of the following matters:

(a) the organisation of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b) the duties and responsibilities of the several members of the Commission, including the delegation to any member of the Commission or the police force or board of officers of such force or a committee consisting of members of the Commission and of the force of its powers or duties;

(c) the consultation by the Commission with persons other than its members;

(d) the procedure to be followed by the Commission in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;

(e) any other matters for which the Commission considers it necessary or expedient to provide for the better performance of its functions.

(7) In this Article "transfer" does not include transfer without change of rank within the police force.
141

(Repealed).
141a

(1) There shall be an Education Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the service mentioned in paragraph (h) of Clause (1) of Article 132).

(2) The Education Service Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a Chairman, a Deputy Chairman and not less than four but not more than eight other members.

(3) A member of any of the public services appointed to be Chairman or Deputy Chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.
142

(1) Subject to paragraph (a) of Clause (3) of Article 140, a member of either House of Parliament or of the Legislative Assembly of a State shall not be appointed to be a member of a Commission to which this Part applies.

(2) Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this Part applies if he is, and shall be removed by order of the Yang di-Pertuan Agong if he becomes -

(a) a member of any of the public services;

(b) an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by law for public purposes;

(c) a member of a trade union or of a body or association affiliated to a trade union.

(2A) In addition to any disqualification provided under Clause (2), the chairman of any of the Commissions to which this Part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not be receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(3) Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain chairman or deputy chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said Commissions.

(3A) Where, during any period, the chairman of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable owing to his absence from the Federation, illness or any other cause, to discharge his functions, the deputy chairman of that Commission shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the chairman during that period.

(4) Where, during any period, a member of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions as a member, then -

(a) if he is an appointed member, the Yang di-Pertuan Agong may appoint to exercise his functions during that period any person who would be qualified to be appointed in his place, and the appointment of such a person shall be made in the same manner as that of the member whose functions he is to exercise;

(b) if he is an ex officio member, any person authorised under federal law to perform the functions of his office may during that period perform also his functions as a member of the Commission.

(5) A Commission to which this Part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a Commission shall be invalidated by reason only that some person not entitled thereto has taken part in them.

(6) Before exercising his functions as a member of any of the said Commissions or under Clause (4) any person other than an ex officio member shall take and subscribe before a judge of the Supreme Court or of a High Court the oath of office and allegiance set out in the Sixth Schedule.
143

(1) Save as provided under Clause (2) of Article 142, a member of a Commission to which this Part applies, other than an ex officio member -

(a) shall be appointed for a term of five years or, if the Yang di-Pertuan Agong, acting in his discretion but after considering the advice of the Prime Minister, in a particular case so determines, for such shorter term as he may so determine;

(b) may, unless disqualified, be re-appointed from time to time; and

(c) may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Supreme Court.

(2) Parliament shall be law provide for the remuneration of any member of the said Commission other than a member for whose remuneration as holder of any other office provision is made by federal law; and the remuneration so provided shall be charged on the Consolidated Fund.

(3) The remuneration and other terms of office of a member of a Commission to which this Part applies shall not be altered to his disadvantage after his appointment.
144

144.

(1) Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of a Commission to which this Part applies to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends.

(2) Federal law may provide for the exercise of other functions by any such Commission.

(3) The Yang di-Pertuan Agong may designate as special posts any post held by the head or deputy head of a department or by an officer who in his opinion is of similar status and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di-Pertuan Agong on the recommendation of the Commission whose jurisdiction extends to the service in which the post is held.

(4) The Ruler or Yang di-Pertua Negeri of a State may designate as special posts any posts in the public service of his State held by the head or deputy head of a department or by an officer who in his opinion is of similar status: and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Ruler or Yang di-Pertua Negeri on the recommendation of the Public Services Commission (or, if there is in the State a State Public Service Commission, on the recommendation of that Commission).

(5) Before acting, in accordance with Clause (3) or (4), on the recommendation of the Commission therein mentioned -

(a) the Yang di-Pertuan Agong shall consider the advice of the Prime Minister; and

(b) the Ruler or Yang di-Pertua Negeri shall consider the advice of the Chief Minister of his State,

and may once refer the recommendation back to the Commission in order that it may be reconsidered.

(5A) Save as provided in Clause (5B), federal law and, subject to the provisions of any such law, regulations made by the Yang di-Pertuan Agong may, notwithstanding the provisions of Clause (1) of Article 135, provide for the exercise by any officer in a service to which the jurisdiction of a Commission to which this Part applies extends, or by any board of such officers, of any of the functions of the Commission under Clause (1):

Provided that -

(a) no such law or regulation may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment, or of any power of promotion (other than promotion to an acting appointment); and

(b) any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just.

(5B)

(i) Notwithstanding the provisions of Clause (1) of Article 135 and Article 139 and Article 141A, all the powers and functions of the Public Services Commission or the Education Service Commission established under Article 139 and Article 141A, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the Yang di-Pertuan Agong.

(ii) Any person aggrieved by the exercise by the board of any of the aforesaid powers or functions may appeal to an Appeal Board appointed by the Yang di-Pertuan Agong.

(iii) The Yang di-Pertuan Agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by, the board or the Appeal Board under this Clause.

(iv) Where the Yang di-Pertuan Agong has appointed the board under paragraph (i) of this Clause for the purpose of exercising any of the powers or functions referred to under that paragraph, such power or function shall so long as it remains a power or function to be exercised by the board, cease to be exercisable by the said Commission.

(6) A Commission to which this Part applies may delegate to any officer in a service to which its jurisdiction extends, or to any board of such officers appointed by it, any of its functions under Clause (1) in respect of any grade of service, and that officer or board shall exercise those functions under the direction and the control of the Commission.

(6A) In respect of members of the general public service of the Federation who are employed in posts ancillary to the armed forces or any of them or to the police force, or in respect of any grade of members of that service who are so employed, functions of the Public Services Commission may, under Clause (5A) or (6), be made exercisable by an officer or board of officers of the armed forces or police force, as the case may be, as if he or they were members of the general public service of the Federation.

(7) In this Article "transfer" does not include transfer without change of rank within a department of Government.

(8) A Commission to which this Part applies may, subject to the provisions of this Constitution and of federal law, make rules regulating its procedure and specifying the number of its members which are to constitute a quorum.
145

(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Supreme Court to be the Attorney General for the Federation.

(2) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.

(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

(4) In the performance of his duties the Attorney General shall have the right of audience, in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation.

(5) Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.

(6) The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Supreme Court.
146

(1) Each of the Commissions to which this Part applies shall make an annual report on its activities to the Yang di-Pertuan Agong and copies of those reports shall be laid before both Houses of Parliament.

(2) The Public Services Commission shall send a copy of every report made under this Article to the Ruler or Yang di-Pertua Negeri of each State to members of whose public service their jurisdiction extends, and the Ruler or Yang di-Pertua Negeri shall lay it before the Legislative Assembly.
146a

(Repealed).
146b

(Repealed).
146c

(Repealed).
146d

Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend to embers of the public service of the State of Sabah or Sarawak who are seconded to the police force; and for purposes of the Police Force Commission they shall be deemed to be members of the police force.

(2) (Repealed).

(3) (Repealed).
147

(1) The law applicable to any pension, gratuity or other like allowance (in this Article referred to as an "award") granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made.

(2) For the purposes of this Article the relevant day is -

(a) in relation to an award made before Merdeka Day, the date on which the award was made;

(b) in relation to an award made after Merdeka Day to or in respect of any person who was a member of any of the public services before Merdeka Day, the thirtieth day of August, nineteen hundred and fifty-seven;

(c) in relation to an award made to or in respect of any person who first became a member of any of the public services on or after Merdeka Day, the date on which he first became such a member.

(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.
148

(1) References in this Constitution to a Commission to which this Part applies are, unless the context otherwise requires, references to any of the Commissions established under Articles 138 to 141A.

(2) In this Part "ex officio member" includes a Minister and a judge of the Supreme Court or of a High Court and "State Public Service Commission" means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the Public Services Commission.

PART XI - SPECIAL POWERS AGAINST SUBVERSION, ORGANISED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS
149

(1) If an act of parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation -

(a) to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property; or

(b) to excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or

(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or

(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or

(e) which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or

(f) which is prejudicial to public order in, or the security of, the Federation or any part thereof,

any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.

(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both Houses of Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.
150

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2A) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2B) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2C) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2B) may be exercised in relation to any matter with respect to which Parliament has power to make laws regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extent to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, not-withstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or custom in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution-

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of-

(i) a Proclamation under Clauses (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);

(ii) the continued operation of such Proclamation;

(iii) any ordinance promulgated under Clause (2B); or

(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.
151

(1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention-

(a) the authority on whose order any person is detained under that law or ordinance shall, as soon as may be, inform him of the grounds for his detention and, subject to Clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be;

(b) no citizen shall continue to be detained under that law or ordinance unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the Yang di-Pertuan Agong within three months of receiving such representations, or within such longer period as the Yang di-Pertuan Agong may allow.

(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be ap,pointed by the Yang di-Pertuan Agong and who shall be or have been, or be qualified to be, a judge of the Supreme Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and two other members, who shall be appointed by the Yang di-Pertuan Agong after consultation with the Lord President of the Supreme Court.

(3) This Article does not require any authority to disclose facts whose disclosure would in its opinion be against the national interest.

PART XII - GENERAL AND MISCELLANEOUS
第十二篇：一般和杂项

Article 152
152条国家语言

(1) The national language shall be the Malay language and shall be in such script as Parliament may by law* provide:
(1) 国家语言既是马来语，并得如国会所制定的法律规定一般使用于任何文本上：

Provided that-
惟规定，

(a) no person shall be prohibited or prevented from using (otherwise than for official purposes), or from teaching or learning, any other language; and
(a) 不得禁止或阻止任何人（于任何官方用途之外）使用、教导或学习其他语言；及

(b) nothing in this Clause shall prejudice the right of the Federal Government or of any State Government to preserve and sustain the use and study of the language of any other community in the Federation.
(b) 本款无任何规定可妨碍联邦政府或州政府维护其它族群语言的使用和学习的权利。

(2) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, the English language may be used in both Houses of Parliament, in the Legislative Assembly of every State, and for all other official purposes.

(3) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, the authoritative texts-

(a) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament, and

(b) of all Acts of Parliament and all subsidiary legislation issued by the Federal Government,

shall be in the English language.

(4) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, all proceedings in the Supreme Court or a High Court shall be in the English language:

Provided that, it the Court and counsel on both sides agree, evidence taken in language spoken by the witness need not be translated into or recorded in English.

(5) Notwithstanding the provisions of Clause (1), until Parliament otherwise provides, all proceedings in subordinate courts, other than the taking of evidence, shall be in the English language.

(6) In this Article, "official purpose" means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority.
153

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special provision of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.

(3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

(5) This Article does not derogate from the provisions of Article 136.

(6) Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.

(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorised a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

(8) Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation-

(a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him;

(b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with he other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or

(c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.

(8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yank di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.

(9) Noting in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.

(9A) In this Article the expression "natives" in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.

(10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.
154

(1) Until Parliament otherwise determines, the municipality of Kuala Lumpur shall be the federal capital.

(2) Notwithstanding anything in Part VI, Parliament shall have exclusive power to make laws with respect to the boundaries of the federal capital.

(3) (Repealed).
155

(1) Where the law in force in any other part of the Commonwealth confers upon citizens of the Federation any fight or privilege it shall be lawful, notwithstanding anything in this Constitution, for Parliament to confer a similar right or privilege upon citizens of that part of the Commonwealth who are not citizens of the Federation.

(2) The reference in Clause (1) to citizens of a part of the Commonwealth shall be construed, in relation to the United Kingdom or to any other part of the Commonwealth not being a Commonwealth country or a territory administered by the Government of a Commonwealth country other than the United Kingdom, as a reference to citizens of the United Kingdom and Colonies.

(3) This Article applies in relation to the Republic of Ireland as it applies in relation to a Commonwealth country.
156

Where lands, buildings, or hereditaments are occupied for public purposes by or on behalf of the Federation, a State or a public authority, the Federation, State of public authority shall be liable to pay local rates in respect thereof but shall in aid of those rates make such contributions in respect thereof as may be agreed between the Federation, State of public authority. as the case may be, and the authority levying the rates or as may in default of agreement be determined by a tribunal consisting of the chairman of the Lands Tribunal established under Article 87, who shall preside, and two other members of whom each of the parties concerned shall appoint one.
157

Subject to any provisions of State Law, arrangements may be made between any two States for the performance of any functions by the authorities of the one on behalf of the authorities of the other, and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.
158

(1) Nothing in this Constitution shall be taken to prohibit the making or continuance of arrangements whereby-

(a) departments, authorities or services are maintained by the Federal Government in common with the Government of Brunei; or

(b) the Federal Government or any officer or authority thereof acts as agent for the Government of Brunei; or

(c) any part of the executive authority of the Federation is exercised, with the consent of the Federal Government, by any officer or authority of the Government of Brunei.

(2) (Repealed).
159

(1) Subject tot he following provisions of this Article and to Article 161E the provisions of this Constitution may be amended by federal law.

(2) (Repealed).

(3) A Bill for making any amendment to the Constitution (other than an amendment excepted from the provisions of this Clause) and a Bill for making any amendment to a law passed under Clause (4) of Article 10 shall not be passed in either House of Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of member of that House.

(4) The following amendments are excepted from the provisions of Clause (3), that is to say:

(a) any amendment to Part III of the Second or to the Sixth or Seventh Schedule;

(b) any amendment incidental to or consequential on the exercise of any power to make law conferred on Parliament by any provision of this Constitution other than Articles 74 and 76;

(bb) Subject to Article 161E any amendment made for or in connection with the admission of any State to the Federation or its association with the States thereof, or any modification made as to the application of this Constitution to a State previously so admitted or associated;

(c) any amendment consequential on an amendment made under paragraph (a).

(5) A law making an amendment to Clause (4) of Article 10, any law passed thereunder, the provisions of Part III, Article 38, 63 (4), 70, 71 (1), 72 (4), 152, or 153 or to this Clause shall not be passed without the consent of the Conference of Rulers.

(6) In this Article "amendment" includes addition and repeal; and in this Article and in Article 2(a) "State" includes any territory.
159a

The provisions of Part IV of the Malaysia Act* (which contains temporary and transitional provisions in connection with the operation of that Act) shall have effect as if embodied in this Constitution, and shall have effect notwithstanding anything in this Constitution as amended by that Act; and the provisions of this Constitution, and in particular Clause (1) of Article 4 and Articles 159 and 161E shall have effect in relation thereto accordingly.
160

(1) The Interpretation and General Clauses Ordinance, 1948, as in force immediately before Merdeka Day shall, to the extent specified in the Eleventh Schedule, apply for the interpretation of this Constitution as it applies for the interpretation of any written law within the meaning of that Ordinance, but with the substitution of references to the Yang di-Pertuan Agong for references to the High Commissioner.

(2) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say -

"Aborigine" means an aborigine of the Malay Peninsula;

"Act of Parliament" means a law made by Parliament;

"Attorney General" means the Attorney General of the Federation;

"Borrow" includes the raising of money by the grant of annuities or by entering into any arrangement requiring the payment before the due date of any taxes, rates, royalties, fees or any other payments or by entering into any agreement whereby the Government has to repay or refund any benefits that is has enjoyed under that agreement, and "loan" shall be construed accordingly;

"Casual vacancy" means a vacancy arising in the House of Representatives or a Legislative Assembly otherwise than by a dissolution of Parliament or of the Assembly;

"Chief Minister" and "Menteri Besar" both mean the president, by whatever style known, of the Executive Council in a State;

"Citizen" means a citizen of the Federation;

"Civil List" means the provision made for the maintenance of the Yang di-Pertua Agong, his Consort, a Ruler or Yang di-Pertua Negeri out of public funds;

"Commonwealth country" means any country recognised by the Yang di-Pertuan Agong to be a Commonwealth country; and "part of the Commonwealth" means any Commonwealth country, any colony, protectorate or protected state or any other territory administered by the Government of any Commonwealth country;

"Concurrent List" means the Third List set out in the Ninth Schedule;

"Debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;

"Elector" means a person who is entitled to vote in an election to the House of Representatives or the Legislative Assembly of a State;

"Enactment", where the expression occurs in the Eighth Schedule, means a law made by the Legislature of a State;

"Executive Council" means the Cabinet or other body, however called, which in the Government of a State corresponds, whether or not the members of it are Ministers, to the Cabinet of Ministers in the Government of the Federation (and in particular includes the Supreme Council in Sarawak);

"Existing law" means any law in operation in the Federation or any part thereof immediately before Merdeka Day;

"Federal law" means -

(a) any existing law relating to a matter with respect to which Parliament has power to make laws, being a law continued in operation under Part XIII, and

(b) any Act of Parliament;

"Federal List" means the First list set out in the Ninth Schedule;

"Federal purposes" includes the purposes of the Federation in connection with matters enumerated in the Concurrent List and with any other matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76;

"Foreign country" does not include any part of the Commonwealth or the Republic of Ireland;

"Governor" (Repealed).

"Law" includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof;

"Legislative Assembly" means the representatives assembly, however called, in the Legislature of a State (and in particular includes the Council Negri in Sarawak), but except in the Eighth Schedule includes also a Legislative Council, however called;

"Legislative Council" (Repealed);

"Legislature", in relation to a State, means the authority having power under the Constitution of that State to make laws for the State;

"Local rates" (Repealed);

"Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and -

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or

(b) is the issue of such a person;

"Member of the administration" means, in relation to the Federation, a person holding office as Minister, Deputy Minister, Parliamentary Secretary or Political Secretary and, in relation to a State, a person holding a corresponding office in the State or holding office as member (other than an official member) of the Executive Council;

"Merdeka Day" means the thirty-first day of August, nineteen hundred and fifty-seven;

"Office of profit" means any whole time office in any of the public services, and includes -

(a) the office of any judge of the Supreme Court or of a High Court; and

(b) the office of Auditor General; and

(c) the office of a member of the Election Commission, of a member (other than an ex officio member) of a Commission to which Part X applies, or of a member (other that an ex officio member) of any corresponding Commission established by the Constitution of a State; and

(d) any other office not specified in Clause (3) of Article 132 which may be declared by Act of Parliament to be an office of profit;

"Pension rights" includes a superannuation rights and provident fund rights;

"Public authority" means the Yang di-Pertuan Agong, the Ruler or Yang di-Pertuan Negeri of a State, the Federal Government, the Government of a State, a local authority, a statutory authority exercising powers vested in it by federal or State law, any court or tribunal other than the Supreme Court and High Courts, or any officer or authority appointed by or acting on behalf of any of those person, courts, tribunals or authorities;

"Remuneration" includes salary or wages, allowances, pension rights, free or subsidised housing, free or subsidised transport, and other privileges capable of being valued in money;

"Rule Committee" (Repealed);

"Ruler" -

(a) in relation to Negeri Sembilan, means the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs in accordance with the Constitution of that State; and

(b) in the case of any State, includes, except in Article 181 (2) and the Third and Fifth Schedules, any person who in accordance with the Constitution of that State exercises the functions of the Ruler;

"State" means a State of the Federation'

"State law" means -

(a) any existing law relating to a matter with respect to which the Legislature of a State has power to make law, being a law continued in operation under Part XIII; and

(b) a law made by the Legislature of a State;

"State List" means the Second List set out in the Ninth Schedule;

"State purposes" includes, in relation to any State, the purposes of the State in connection with matters enumerated in the Concurrent List and with any other matters with respect to which the Legislature of the State has power to make laws;

"Tax" includes am impost or a duty but does not include a rate levied for local purposes or a fee for services rendered;

"The Federation" means the Federation established under the Federation of Malaya Agreement, 1957;

"Written law" includes this Constitution and the Constitution of any State;

"Yang di-Pertuan Negeri" means the Head of State in a State not having a Ruler.

(3) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution, any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of that clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.

(4) Where under this Constitution a person is required to take and subscribe an oath, he shall be permitted, if he so desires, to comply with that requirement by making and subscribing an affirmation.

(5) References in this Constitution to the Federation and its States and to the territories of the Federation or any of its States, and to any officer holding office under the Federation or any authority or body in or for the Federation shall be construed -

(a) in relation to any time after the coming into operation of the Federation of Malaya Agreement, 1948, and before Merdeka Day, as references to the Federation established under that Agreement, and the States and Settlements comprising it and to the territories of that Federation or any of the States and Settlements comprising it, and to the corresponding office holding office thereunder or the corresponding authority or body in or for that Federation;

(b) in relation to any time before the coming into operation of the said Agreement (so far as the context admits) as references to such of the countries, territories, offices, authorities or bodies for the construction of references to which provision was made by Clause 135 (2) of the said Agreement, as may be appropriate.

(6) References in this Constitution to any period shall be construed, so far as the context admits, as including references to a period beginning before Merdeka Day.

(7) References in this Constitution to the Federation of Malaya Agreement, 1948, shall be construed, except where the context otherwise require, as references to that Agreement as in force immediately before Merdeka Day.

PART XIIA - ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK
161

(1) No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in Clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day.

(2) Clause (1) applies -

(a) to the use of the English language in either House of Parliament by a member for or from the State of Sabah or Sarawak; and

(b) to the use of the English language for proceedings in the High Court in Borneo or in a subordinate court in the State of Sabah or Sarawak, or for such proceedings in the Supreme Court as are mentioned in Clause (4); and

(c) to the use of the English language in the State of Sabah or Sarawak in the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government).

(3) Without prejudice to Clause (1), no such Act of Parliament as is there mentioned shall come into operation as regards the use of the English language for proceedings in the High Court in Borneo or for such proceedings in the Supreme Court as are mentioned in Clause (4), until the Act or the relevant provision of it has been approved by enactments of the Legislatures of the States of Sabah and Sarawak; and no such Act shall come into operation as regards the use of the English language in the State of Sabah or Sarawak in any other case mentioned in paragraph (b) or (c) of Clause (2), until the Act or the relevant provision of it has been approved by an enactment of the Legislature of that State.

(4) The proceedings in the Supreme Court referred to in Clauses (2) and (3) are any proceedings on appeal from the High Court in Borneo or a judge thereof, and any proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Borneo or a ubordinate court in the State of Sabah or Sarawak.

(5) Notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof.
161a

(1), (2) and (3) (Repealed).

(4) The Constitutions of the States of Sabah and Sarawak may make provision corresponding (with the necessary modifications) to Article 153.

(5) Article 89 shall not apply to the State of Sabah or Sarawak, and Article 8 shall not invalidate or prohibit any provision of State law in the State of Sabah or Sarawak for the reservation of land for natives of the State or for alienation to them, or for giving them preferential treatment as regards the alienation of land by the State.

(6) In this Article "native" means-

(a) in relation. to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and

(b) in relation to Sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.

(7) The races to be treated for the purposes of the definition of "native" in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabit, Kayans, Kenyags (Including Sabups and Sipengs), Kajangs (including Sekapans,. Kejamans, Lahanans, Punans, Tanjongs dan Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.
161b

(1) In so far as any provision made by or under an Act of Parliament, by removing or altering a residence qualification, confers a right to practise before a court in the States of Sabah and Sarawak or either of them on persons not previously having the right, that provision shall not come into operation until adopted in the States or State in question by an enactment of the Legislature.

(2) This Article shall apply to the right to practise before the Supreme Court when sitting in the States of Sabah and Sarawak and entertaining proceedings on appeal from the High Court in Borneo or a judge thereof or proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Borneo or a subordinate court in the State of Sabah or Sarawak.
161c

(Repealed)
161d

(Repealed)
161e

(1) As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by Clause (4) (bb) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such as to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya.

(2) No amendment shall be made to the Constitution without the concurrence of the Yang di-Pertuan Negeri of the State of Sabah or Sarawak or each of the States of Sabah and Sarawak concerned, if the amendment is such as to affect the operation of the Constitution as regards any of the following matters:

(a) the right of persons born before Malaysia Day to citizenship by reason of a connection with the State, and (except to the extent that different provision is made by the Constitution as in force on Malaysia Day) the equal treatment, as regards their own citizenship and that of others, or persons born or resident in the State and of persons born or resident in the States of Malaya;

(b) the constitution and jurisdiction of the High Court in Borneo and the appointment, removal and suspension of judges of that court;

(c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, and the executive authority of the State in those matters, and (so far as related thereto) the financial arrangements between the Federation and the State;

(d) religion in the State, the use in the State or in Parliament of any language and the special treatment of natives of the State;

(e) the allocation to the State, in any Parliament summoned to meet before the end of August, 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation in Malaysia Day, than the quota allocated to the State on that Day.

(3) No amendments to the Constitution which affects its operation as regards the quota of members of the House of Representatives allocated to the State of Sabah or Sarawak shall be treated for purposes of Clause (1) as equating or assimilating the position of that State to the position of the States of Malaya.

(4) In relation to any rights and powers conferred by federal law on the Government of the State of Sabah or Sarawak as regards entry into the State and residence in the State and matters connected therewith (whether or not the law is passed before Malaysia Day) Clause (2) shall apply, except in so far as the law provides to the contrary, as if the law had been embodied in the Constitution and those rights and powers had been included among the matters mentioned in paragraphs (a) to (e) of that Clause.

(5) In this Article "amendment" includes addition and repeal.
161f

(Repealed).
161g

(Repealed).
161h

(Repealed).

PART XIII - TEMPORARY AND TRANSITIONAL PROVISIONS
162

(1) Subject to the following provisions of this Article and Article 163, the existing laws shall until repealed by the authority having power to do so under this Constitution, continue in force on and after Merdeka Day, with such modifications as may be made therein under this Article and subject to any amendments made by federal or State law.

(2) Where any State law amends or repeals an existing law made by the Legislature of a State, nothing in Article 75 shall invalidate the amendment or repeal by reason only that the existing law, relating to a matter with regard to which Parliament as well as the Legislature of a State has power to make laws, is federal law as defined by Article 160.

(3) References in any existing law to the Federation established by the Federation of Malaya Agreement, 1948, and its territories, and to any officer holding office under that Federation or to any authority or body constituted in or for that Federation (including any references falling to be construed as such references by virtue of Clause 135 of the said Agreement) shall be construed, in relation to any time on and after Merdeka Day, as references to the Federation (that is to say, the Agreement, 1957) and its territories and to the corresponding officer, authority or body respectively; and the Yang di-Pertuan Agong may by order declare what office, authority or body is to be taken for the purposes of this Clause to correspond to any officer, authority or body referred to in any existing law.

(4) (Repealed).

(5) Any order made under Clause (4) may be amended or repealed by the authority having power to make laws with respect to the matter to which the order relates.

(6) any court or tribunal applying the provision of any existing law which has not been modified on or after Merdeka Day under this Article or otherwise may apply it with such modifications as may be necessary to bring it into accord with the provision of this Constitution.

(7) In this Article "modification" includes amendment, adaptation and repeal.
163

(Repealed).
164

(Repealed).
165

(Repealed).
166

(1) (Repealed).

(2) (Repealed).

(3) Any land vested in the State of Malacca or the State of Penang which immediately before Merdeka Day was occupied or used by the Federation Government or Her Majesty's Government or by any public authority for purposes which in accordance with the provisions of this Constitution become federal purposes shall on and after that day be occupied, used, controlled and managed by the Federal Government or, as the case may be, the said public authority, so long as it is required for federal purposes, and -

(a) shall not be disposed of or used for any purposes other that federal purposes without the consent of the Federal Government, and

(b) shall not be used for federal purposes different from the purposes for which it was used immediately before Merdeka Day without the consent of the Government of the State.
(4) (Repealed).
(5) (Repealed).
(6) (Repealed).
(7) (Repealed).
(8) Any property which was, immediately before Merdeka Day, liable to escheat to Her Majesty in respect of the Government of Malacca or the Government of Penang shall on that day be liable to escheat to the State of Malacca or the State of Penang, as the case may be.

167
(1) (Repealed).
(2) (Repealed).
(3) (Repealed).
(4) (Repealed).
(5) (Repealed).
(6) The Attorney General shall, on the application of any party interested in any legal proceedings, other than proceedings between the Federation and a State, certify whether any right, liability or obligation is by virtue of this Article a right, liability or obligation of the Federation or of a State named in the certificate, and any such certificate shall for the purposes of those proceedings be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.
(7) The Federation shall make the like annual payments as fell to be made before Merdeka Day under Article II of the Treaty made on the sixth day of May, eighteen hundred and sixty-nine, between Her Majesty of the one part and the King of Siam of the other part relative to the State of Kedah.

168 (Repealed).

169

For the purposes of Article 76 (1) -

(a) any treaty, agreement or convention entered into before Merdeka Day between Her Majesty or her predecessors or the Government of the United Kingdom on behalf of the Federation or any part thereof and another country shall be deemed to be a treaty, agreement or convention between the Federation and that other country;
(b) any decision taken by an international organisation and accepted before Merdeka Day by the Government of the United Kingdom on behalf of the Federation or any part thereof shall be deemed to be a decision of an international organisation of which the Federation is a member;
(c) in relation to the States of Sabah and Sarawak paragraphs (a) and (b) shall apply with the substitution of references to Merdeka Day and of references to the territories comprised in those State or any of them for the references to the Federation or any part thereof.

170 (Repealed).

171 (Repealed).

172 (Repealed).

173 (Repealed).

174 (Repealed).

175

The person holding office as Director of Audit immediately before Merdeka Day shall, as from that day, hold office as Auditor General on terms and conditions not less favourable that those applicable to him immediately before Merdeka Day.

176

(1) Subject to the provisions of this Constitutions and any existing law, all persons serving in connection with the affairs of the Federation immediately before Merdeka Day shall continue to have the same powers and to exercise the same functions on Merdeka Day on the same terms and conditions as were applicable to them immediately before that day.
(2) This Article does not apply to the High Commissioner or the Chief Secretary.

177
A person who, under any provision of this Parts, holds office under the Federation by virtue of having been the holder of a corresponding office immediately before Merdeka Day may, until Parliament otherwise provides, perform his functions without taking the oath required in the case of other holders of that office.

178

Until Parliament otherwise provides, the remuneration payable to the person holding offices of Prime Minister and other Ministers shall be the same as was payable immediately before Merdeka Day, to the Chief Minister and other Minister of the Federation respectively.

179

Any agreement in force immediately before Merdeka Day relating to the proportion of the remuneration payable by the Federation and any State in respect of any such employment as is mentioned in Article 133 (2) shall continue in force until superseded by a new agreement or federal law.

Article number: 180

(1) The Tenth Schedule to the Federation of Malaya Agreement, 1948, shall continue in force on and after Merdeka Day, but with the modification that any reference therein to the High Commissioner shall be construed as a reference to the Yang di-Pertuan Agong.
(2) The said Schedule shall for the purposes of this Constitution be deemed to be federal law and may, subject to the provisions of Article 147, be amended and repealed accordingly.
(3) In its application to any law made under Clause (2) of Article 147 shall have effect as if references therein to an award included compensation.

PART XIV - SAVING FOR RULERS' SOVEREIGNTY, ETC.
181

(1) Subject to the provisions of this Constitution, the sovereignty, prerogative, powers and jurisdiction of the Rulers and the prerogatives, powers and jurisdiction of the Ruling Chiefs of Negeri Sembiliam within their respective territories as hitherto had and enjoyed shall remain unaffected.
(2) No proceedings whatsoever shall be brought in any court against the Ruler of a State in his personal capacity.

PART XV - PROCEEDINGS AGAINST THE YANG Dl-PERTUAN AGONG AND THE RULERS
The Special Court
182.
(1) There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers.
(2) Any proceedings by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under Clause (1).
(3) The Special Court shall have exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the cause of action arose.
(4) The Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by this Constitution or any federal law and shall have its registry in Kuala Lumpur.
(5) Until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any High Court and the Federal Court shall apply in any proceedings in the Special Court.
(6) The proceedings in the Special Court shall be decided in accordance with the opinion of the majority of the members and its decision shall be final and conclusive and shall not be challenged or called in question in any court on any ground.
(7) The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of
any act, under any written law, that may be occasioned by this Article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law.

No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally

183. No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally.

FIRST SCHEDULE
OATH OF APPLICATIONS FOR REGISTRATION OR NATURALISATION

I.........of hereby declare on oath that I absolutely and entirely renounce and abjure all loyalty to any country or State outside the Federation, and I do swear that I will be faithful and bear true allegiance to His Majesty the Yang di-Pertuan Agong and be a true, loyal and faithful citizen of the Federation.
SECOND SCHEDULE
PART I
CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN BEFORE MALAYSIA DAY
1.

(1) Subject to the provision of Part III of this Constitution and anything done thereunder before Malaysia Day, the following persons born before Malaysia Day are citizens by operation of law, that is to say:

(a) every person who immediately before Merdeka Day, was a citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement,* 9148, whether by operation of law or otherwise;

(b) every person born within the Federation on or after Merdeka Day and before October, 1962;

(c) every person born within the Federation after September, 1962, of whose parents one at least was at the time of the birth either a citizen or permanently resident in the Federation, or who was not born a citizen of any other country;

(d) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of his birth and either was born in the Federation or was at the time of the birth in service under the Government of the Federation or of a State;

(e) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of the birth if the birth was, or is, within one year of its occurrence or within such longer period as in any particular case was or is allowed by the Federal Government, registered at a consulate of the Federation or, if it occurred in Singapore, Sarawak, Brunei or North Borneo, registered with the Federal Government.

(2) A person is not a citizen by virtue of paragraph (b) or (c) of subsection (1) is, at the time of his birth, his father, not being a citizen, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong.
2. Subject to the provisions of Part III of this Constitution, a person ordinarily resident in the State of Sabah or Sarawak or in Brunei on Malaysia Day is a citizen by operation of law if he was immediately before that day a citizen of the United Kingdom and Colonies, and either -

(a) was born in the territories comprised in the States of Sabah and Sarawak; or

(b) became such a citizen by registration in those territories or by or in consequence of naturalisation there.

PART II

CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY

1. Subject to the provision of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:

(a) every person born within the Federation of whose parents one at least is at the time of the birth either a citizen or permanently resident in the Federation; and

(b) every person born outside the Federation whose father is at the time of the birth a citizen and either was born in the Federation or is at the time of the birth in the service of the Federation or of a State; and

(c) every person born outside the Federation whose father is at the time of the birth a citizen and whose birth is, within one year of its occurrence or within such longer period as the Federal Government may in any particular case allow, registered at a consulate of the Federation or, if it occurs in Brunei or in a territory prescribed for this purpose by order of the Yang di-Pertuan Agong, registered with the Federal Government; and

(d) every person born in Singapore of whose parents one at least is at the time of the birth a citizen and who is not born a citizen otherwise than by virtue of this paragraph; and

(e) every person born within the Federation who is not born a citizen of any country otherwise than by virtue of this paragraph.
2.

(1) A person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a citizen, possesses such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong, or if his father is then an enemy alien and the birth occurs in a place under the occupation of the enemy.

(2) In section 1 the reference in paragraph (b) to a person having been born in the Federation includes his having been born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak.

(3) For the purposes of paragraph (c) of section 1 a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provisions corresponding to paragraph (c) of that section or otherwise.

PART III

SUPPLEMENTARY PROVISION RELATING TO CITIZENSHIP

The Minister

1. The functions of the Federal Government under Part III of this Constitution shall be exercised by such Minister of the Government as the Yang di-Pertuan Agong may from time to time direct, and references in this Schedule to the Minister shall be construed accordingly.

2. A decision of the Federal Government under Part III of this Constitution shall not be subject to appeal or review in any court.

3. (Repealed).

4.

(1) The Minister may delegate to any officer of the Federal Government or, with the consent of the Ruler or Yang di-Pertuan Negeri of any State, to any officer of the Government of that State, any of his functions under Part III of this Constitution or this Schedule relating to citizenship by registration and the keeping of registers, and, in relation orders under paragraph (c) of Clause (1) of Article 25 or under Article 26, any of his functions under Article 27 prior to determine whether to make such an order; but any person aggrieved by the decision of a person to whom the functions of the Minister are so delegated may appeal to the Minister.

(2) The Minister may also, with the consent of the Yang di-Pertuan Negeri of the State, delegate to an authority of the State of Sabah or Sarawak (subject or not to conditions providing for an appeal from that authority to the Minister) any of the Minister's functions under Clause (6) of Article 28A which are not required to be delegated by Clause (7) of that Article.

(3) Subsection (1) shall apply to enrolments under Clause (2) of Article 19A as it applies to citizenship by registration, and to the cancellation under Clause (4) of Article 19A of an enrolment under that Article as it applies to an order under Article 26.
5. (Repealed).

Functions of Minister

6. Subject to federal law, the Minister may make rules* and prescribe forms for the purpose of the exercise of his functions under Part III of this Constitution.

7. Any power of the Federal Government to extend, for purposes of Part III of this Constitution, the period for registering a birth occurring outside the Federation may be exercised either before or after the registration has been affected.

8. (Repealed).

9. Any notice to be given by the Minister to any person under Article 27 may be sent to that person at his last known address, or, in the case of a person under the age of twenty-one years (not being a married woman), to his parent or guardian at the last known address of the parent or guardian; and if an address at which notice may be sent to any person under this section is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.

10.

(1) It shall be the duty of the Minister to compile and maintain -

(a) a register of citizens by registration;

(b) a register of citizens by naturalisation;

(c) a register of persons to whom certificates have been issued under Clause (1) of Article 30;

(d) a register of person who have renounced or been deprived of citizenship under any provision of Part III of this Constitution;

(e) (Repealed).

(f) an alphabetical index of all person referred to in paragraphs (a) to (d).

(2) References in this section to citizen by registration or by naturalisation shall be construed in accordance with Article 28 as if this section were included among the provisions to which that Article applies.
11. If the Minister has reason to believe that an error appears in any register compiled under section 10, he shall, after giving notice to the person concerned and after considering such representations from him as he may choose to make, make such alteration on the register as appears to the Minister to be necessary to correct the error.

12. Subject to section 11, the said register shall be conclusive evidence of the matters therein contained.

13 - 15. (Repealed).

Offences

16.

(1) It shall be an offence punishable with imprisonment for two years or a fine of one thousand ringgit or both for any person -

(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any applications under Part III of this Constitution, including any application to determine whether the applicant is a citizen by operation of law; or

(b) to forge or without lawful authority alter any certificate, whether issued or granted in the Federation or elsewhere, or without lawful authority use or have in his possession any certificate which has been so forged or altered; or

(c) to fail to comply with any requirement imposed upon him by any rules made under section 6 with respect to the delivering up of certificates;

(d) to personate or falsely represent himself to be or not to be a person to whom a certificate, whether issued in the Federation or elsewhere, has been duly issued or granted.

(2) In this section "certificate" means any certificate of the following descriptions issued under Part III of this Constitution that is to say -

(a) any certificate of registration or of naturalisation as a citizen; and

(b) any certificate of registration effected at a consulate of the Federation or elsewhere outside the Federation; and

(c) any such certificate as is mentioned in Article 30.

Interpretation

17. For the purposes of Part III of this Constitution references to a person's father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this Schedule shall not apply to such a person.

18. In relation to an adopted child whose adoption has been registered under any written law in force in the Federation, including any such law in force before Merdeka Day, Clause (3) of Article 15 shall have effect as if for the reference to his father there were substituted a reference to the adopter, and references in that Clause and section 9 of this Part of this Schedule to his parent shall be construed accordingly.

19. Any reference in Part III of this Constitution to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before and the birth occurs on or after Merdeka Day, the status or description which would have been applicable to the father had he died after Merdeka Day shall be deemed to be the status or description applicable to him at the time of his death. This section shall have effect relation to Malaysia Day as it has effect relation to Merdeka Day.

19A. For the purposes of Part I and II of this Schedule a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that country.

19B. For the purposes of Part I and II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.

19C. For the purposes of Part I or II of the Schedule a person shall be treated as having been at any time permanently resident in the Federation if, but only if, he was then resident in the Federation and either -

(a) he then had permission, granted without limit of time under any federal law, to reside there; or

(b) it is certified by the Federal Government that he is to be treated for those purposes as a permanent resident in the Federation.

20.

(1) In calculating for the purposes of Part III of this Constitution any residence in the Federation -

(a) a period of absence from the Federation of less than six months;

(b) a period of absence from the Federation for the purposes of education of such kind, in such country and for such time as may from time to time be either generally or specially approved by the Minister;

(c) a period of absence from the Federation for reasons of health;

(d) a period of absence from the Federation on duty in the service of the Federation or of any State, where such period is not inconsistent with the essential continuity of such residence; and

(e) a period of absence from the Federation for any other cause prescribed generally or specially by the Minister, shall be treated as residence in the Federation.

(2) In calculating for the purposes of Part III of this Constitution any residence in the Federation -

(a) a period during which a person was not lawfully resident in the Federation;

(b) a period spent as an inmate of any prison or as a person detained in lawful custody in any other place, other than a mental hospital, under the provision of any written law of the Federation; and

(c) a period during which a person is allowed to remain temporarily in the Federation under the authority of any pass issued or exemption order made under the provisions of any written law of the Federation relating to immigration, shall not, except in the case of any period referred to in paragraph (c) with the consent of the Minister, be treated as residence in the Federation.

(3) For the purposes of Part II of this Constitution a person shall be deemed to be resident in the Federation on a particular day if he had been resident in the Federation before that day and that day is included in any period of absence referred to in subsection (1).

(4) This section shall apply in relation to any part of the Federation and the territories comprised in that part before Malaysia Day as it applies in relation to the Federation as a whole, and the reference in subsection (1) (d) to the service of a State shall include, in relation to those territories, the service of any Government having jurisdiction therein before Malaysia Day; and in relation to Malaysia Day or any later day subsection (3) shall apply as if the territories comprised in the States of Sabah and Sarawak had at all times formed part of the Federation.

21. For the purposes of Part III of this Constitution "consulate of the Federation" includes any office exercising consular function on behalf of the Federation.

22. Except in so far as the context otherwise requires, references in this Schedule to Part III of this Constitution are to be read as including references to this Schedule.

THIRD SCHEDULE
ELECTION OF YANG DI-PERTUAN AGONG AND TIMBALAN YANG DI-PERTUAN AGONG
Part 1 - ELECTION OF YANG DI-PERTUAN AGONG

1.

(1) A Ruler is qualified to be elected Yang di-Pertuan Agong unless -

(a) he is a minor, or

(b) he has notified the Keeper of the Rulers' Seal that he does not desire to be elected, or

(c) the Conference of Rulers by secret ballot resolves that he is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of Yang di-Pertuan Agong.

(2) A resolution under this section shall not be carried unless at least five members of the Conference have voted in favour of it.
2. The Conference of Rulers shall offer the office of Yang di-Pertuan Agong to the Ruler qualified for election whose State if first on the election list described in section 4 and, if he does not accept the office, to the Ruler whose State is next on the list, and so on until a Ruler accepts the office.

3. When a Ruler to whom the office of Yang di-Pertuan Agong has been offered in accordance with section 2 has accepted the office, the Conference of Rulers shall declare him elected and the Keeper of the Rulers' Seal shall notify the result of the election in writing to both Houses of Parliament.

4.

(1) The election list -

(a) shall for the purposes of the first election be a list comprising the States of all Rulers in the order in which Their Royal Highnesses then recognize precedence among themselves;

(b) shall for the purposes of subsequent elections be that list as varied in accordance with subsection (2) until it is reconstituted under subsection (3), and shall then be the list to reconstituted but varied, for the purposes of further elections, in accordance with subsection (4).

(2) The list in force at the first election shall be varied as follows -

(a) after each election any States preceding on the list the State whose Ruler was elected shall be transferred (in order in which they are then on the list) to the end of the list, and the State whose Ruler was elected shall be omitted;

(b) whenever there is a change in the Ruler of a State then on the list, that State shall be transferred to the end of the list (and if on the same day there is a change in the Rulers of more than one such State, those States shall be so transferred in the order in which they are then on the list).

(3) When no State remains on the list as varied in accordance with subsection (2), or if at an election no Ruler of a State on that list is qualified for election or accepts office, the election list shall be reconstituted so as to comprise again the States of all the Rulers, but in the following order, that is to say, those whose Rulers have held the office of Yang di-Pertuan Agong in the order in which their Rulers have held that office, and the others (if any) following them in the order in which they were on the list before it was reconstituted.

(4) After each election held in accordance with the reconstituted list that list shall be varied as follows;

(a) any State preceding on the list the State whose Ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list; and

(b) the State whose Ruler was elected shall then be place last.

PART II - ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG

5. A Ruler is qualified to be elected Timbalan Yang di-Pertuan Agong unless -

(a) he would not be qualified to be elected Yang di-Pertuan Agong, or

(b) he has notified the Keeper of the Rulers' Seal that he does not desire to be elected.
6. The Conference of Rulers shall not elect a Timbalan Yang di-Pertuan Agong while the office of Yang di-Pertuan Agong is vacant.

7. The Conference of Rulers shall offer the office of Timbalan Yang di-Pertuan Agong to the Ruler qualified for election who, on the death of the Yang di-Pertuan Agong last elected, would be the first entitled to be offered the office of the Yang di-Pertuan Agong and, if he does not accept it, to the next and so on until a Ruler accepts the office.

PART III - REMOVAL OF YANG DI-PERTUAN AGONG

8. A resolution of the Conference of Rulers to remove the Yang di-Pertuan Agong from office shall not be carried unless at least five members of the Conference have voted in favour of it.

PART IV - GENERAL

9. (Repealed).

10. In section 4 (3) the expression "Ruler" includes a past Ruler.

FOURTH SCHEDULE
OATHS OF OFFICE OF YANG DI-PERTUAN AGONG AND TIMBALAN YANG DI-PERTUAN AGONG
Part 1 - OATH OF YANG DI-PERTUAN AGONG
Kami ....................ibni .......................... Yang di-Pertuan Agong bagi Malaysia bersumpah dengan malafazkan:

Wallahi;

Wabillahi;

Watallahi;

maka dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi Malaysia dengan mengikut sebagaimana Undang-undang dan Perlembagaan Negeri yang telah disah dan dimasyhurkan dan yang akan disah dan dimasyhurkan di masa hadapan ini. Dan lagi kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memliharakan pada setiap masa Ugama Islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam negeri.

Part II - OATH OF TIMBALAN YANG DI-PERTUAN AGONG

Kami ....................ibni........................... yang telah dilantik menjadi Timbalan Yang di-Pertuan Agong bagi Malaysia bersumpah dengan melafazkan:

Wallahi;

Wabillahi;

Watallahi;

dan dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan tanggungan kami yang telah ditetapkan dan yang akan ditetapkan pada suatu masa ke suatu masa yang ke hadapah ini olch Undang-undang dan Perlembagaan Negeri Malaysia.

Part III - ENGLISH TRANSLATIONS

We ..................... ibni ............................. Yang di-Pertuan Agong of Malaysia do hereby swear

Wallahi;

Wabillahi;

Watallahi;

and by virtue of that oath do solemnly and truly declare that We shall justly and faithfully perform (carry out) our duties in the administration of Malaysia in accordance with its laws and constitution which have been promulgated or which may be promulgated from time to time in the future. Further We do solemnly and truly declare that We shall at all time protect the Religion of Islam and uphold the rules of law and order in the Country.

We .................... ibni ............................. being elected to be the Timbalan Yang di-Pertuan Agong of Malaysia do hereby swear:

Wallahi;

Wabillahi;

Watallabi;

and by virtue of that oath do solemnly and truly declare that We shall faithfully perform (carry out) our duties as Timbalan Yang di-Pertuan Agong as laid down and as may from time to time be laid down by the laws and the Constitution of Malaysia.

FIFTH SCHEDULE
THE CONFERENCE OF RULERS
1. The Conference of Rulers shall, subject to the following provisions of this Schedule, consist of Their Royal Highnesses the Rulers and the Yang di-Pertua Yang di-Pertua Negeri of States not having a Ruler.

2. The place of His Royal Highness the Ruler of any State of the Yang di-Pertua Negeri of any State as a member of the Conference of Rulers may in any case in which the Constitution of that State so provides be taken by such person as that Constitution may provide.

3. The Conference of Rulers shall have a Rulers' Seal which shall be kept in custody of a person appointed by the Conference.

4. The person appointed under section 3 shall be known as the Penyimpan Mohor Besar Raja-Raja (Keeper of the Rulers' Seal), shall act as secretary to the Conference of Rulers and shall hold his office at the pleasure of the Conference.

5. A majority of the members of the Conference of Rulers shall form a quorum and, subject to the provisions of this Constitution, the Conference may determine its own procedure.

6. The Keeper of the Rulers' Seal shall convene the Conference of Rulers whenever required to do so by the Yang di-Pertuan Agong or by not less than three members of the Conference and, without being so required, not later than four weeks before the expiry of the term of office of the Yang di-Pertuan Agong and whenever a vacancy occurs in that office or in the office of the Timbalan Yang di-Pertuan Agong.

7. The Yang di-Pertua-Yang di-Pertua Negeri of States not having a Ruler shall not be members of the Conference of Rulers for the purposes of any proceedings relating to the election or for the purposes of any proceedings relating to the election or removal of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong or relating solely to the privileges, position, honours and dignities or Their Royal Highnesses or to religious acts, observances or ceremonies.

8. In any case where the Conference of Rulers is not unanimous it shall take its decision by a majority of the members voting, subject however to the provisions of the Third Schedule.

9. Any consent, appointment or advice of the Conference of Rulers required under this Constitution shall be signified under the Rulers' Seal, and where, in the case of any proposed appointment, a majority of the members of the Conference have indicated, by writing addressed to the Keeper of the Rulers' Seal that they are in favour of the appointment, he shall so signify the advice of the Conference without convening it.

SIXTH SHEDULE
FORMS OF OATHS AND AFFIRMATIONS
1. Oath of Office and Allegiance

"I, ..........................., having been elected (or appointed) to the office of .................... do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution."

(NOTE - A judge of the Supreme Court, other than the Lord President, or a judge of a High Court shall use the words "mu judicial duties in that or any other office" in place of the words "the duties of that office".)

2. Oath as Member of Parliament and of Allegiance

"I, ........................., having been elected (or appointed) as a member of the House of Representatives (or the Senate) do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution."

3. Oath of Secrecy

"I, ........................., do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as ................. except as may be required for the due discharge of my duties as such or as may be specially permitted by the Yang di-Pertuan Agong."

SEVENTH SCHEDULE
ELECTION AND RETIREMENT OF SENATORS
Part I - ELECTION OF SENATORS
1.

(1) (Repealed).

(2) As often as there is a vacancy among the members elected to the Senate by a State the Yang di-Pertuan Agong shall give notice to the Ruler or Yang di-Pertua Negeri of the State that an election of a Senator is required and the Ruler or Yang di-Pertua Negeri shall require the Legislative Assembly to elect a Senator as soon as may be.
2.

(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.

(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.

(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.

(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.
3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.

4. The presiding officer shall certify to the clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.

5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under section 1 (2) as soon as my be shall not of itself invalidate the election of any Senator.

PART II - RETIREMENT OF SENATORS

6. (Repealed).

7. (Repealed).

8. The term of office of a person or appointed to replace a person who has died to be a Senator before the expiration of his term shall be the remainder of that term.

EIGHT SCHEDULE
PROVISIONS TO BE INSERTED IN STATE CONSTITUTION
PART I - FINAL PROVISIONS

Ruler to act on advice

1.

(1) In the exercise of his functions under the Constitution of this State or any law or as a member of the Conference of Rulers the Rulers shall act in accordance with the advice of the Executive Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or the State Constitution; but shall be entitled, at his request, to any information concerning the Government of the State which is available to the Executive Council.

(2) The Ruler may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the Federal Constitution) that is to say -

(a) the appointment of a Menteri Besar.

(b) the withholding of consent to a request for the dissolution of the Legislative Assembly.

(c) the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses or religious acts, observances or ceremonies,

(d) any function as Head of the religion of Islam or relating to the custom of the Malays,

(e) the appointment of an heir or heirs, consort, Regent or Council of Regency,

(f) the appointment of person to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto,

(g) the regulation of royal courts and palaces.

(3) State law may make provision for requiring the ruler to act after consultation with or on the recommendation of any person or body of persons other than the Executive Council in the exercise of any of his functions other than -

(a) functions exercisable in his discretion;

(b) function with respect to the exercise of which provision is made the State Constitution or the Federal Constitution.

The Executive Council

2.

(1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say:

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly; and

(b) he shall on the advice of the Menteri Besar appoint not more that eight nor less than four other members from among the members of the Legislative Assembly;

but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.

(3) Notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed Menteri Besar.

(4) In appointing a Menteri Besar the Ruler may, in his discretion, dispense with any provision in the Constitution of this State restricting his choice of a Menteri Besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section.

(5) The Executive Council shall be collectively responsible to the Legislative Assembly.

(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

(7) Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler's pleasure, but any member of the Council may at any time resign his office.

(8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.
Legislature of the State

3. The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly.

Composition of Legislative Assembly

4.

(1) The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provide.

(2) (Repealed).

Qualifications of members

5. Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be a member of the Legislative Assembly, unless he is disqualified for being a member by the Federal Constitution or this Constitution or by any such law as is mentioned in section 6 of the Eighth

Schedule to the Federal Constitution.

Disqualification for membership of Legislative Assembly

6.

(1) Subject to the provisions of this section, a person is disqualified for being a member of the Legislative Assembly if -

(a) he is and has been found or declared to be of unsound mind;

(b) he is an undischarged bankrupt;

(c) he holds an office of profit;

(d) having been nominated for election to either House of Parliament or to the Legislative Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or

(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the States of Sabah and Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon;

(f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reasons of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or

(g) he has voluntary acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.

(2) The disqualification of a person under paragraph (d) or paragraph (e) of subsection (1) may be removed by the Ruler and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed, and a person shall not be disqualified under paragraph (g) of subsection (1) by reason only of anything done by him before he became a citizen.

(3) Notwithstanding anything contained in the foregoing provisions of this section where a member of the Legislative Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of subsection (1), or under a law as is referred to in paragraph (f) of subsection (1) -

(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was:

(i) convicted and sentenced as specified in the aforesaid paragraph (e); or

(ii) convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph (f); or

(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceedings is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceedings is disposed of by the court; or

(c) if within the period specified in paragraph of nomination or election of any person to the Legislative Assembly, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or (f), as the case may be, of subsection (1).

Provision against double membership

7. A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.

Decision as to disqualification

8.

(1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final:

Provided that this section shall not be taken to prevent the practice of the Assembly postponing a decision in order to allow for the taking of determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

(2) Where a member of the Legislative Assembly becomes disqualified under paragraph (e) of subsection (1) of section 6, or under a law as is referred to in paragraph (f) of subsection (1) of section 6, the foregoing subsection (1) shall not apply, and he shall cease to be a member of the Legislative Assembly, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with subsection (3) of section 6.

Summoning, prorogation and dissolution of Legislative Assembly

*9.

(1) The Ruler shall from time to time summon the Legislative Assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Ruler may prorogue or dissolve the Legislative Assembly.

(3) The Legislative Assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved.

(4) Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of the dissolution and the new Legislative Assembly shall be summoned to meet on a date not later than one hundred and twenty days from that date.

(5) A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy:

Provided that is a casual vacancy is established on a date within six months of the date the Legislative Assembly shall, in accordance with subsection (3) of this section stand dissolved, such casual vacancy shall not be filled.

Speaker of the Legislative Assembly

10.

(1) The Legislative Assembly shall from time to time choose one of its members to be Speaker and shall transact no business which the office of Speaker is vacant other than the election or a Speaker.

(2) A member holding office as Speaker shall vacate his office on ceasing to be a member of the Legislative Assembly or upon being disqualified under subsection (4), and may at any time resign his office.

(3) During any absence of the Speaker from a sitting of the Legislative Assembly such other member as may be determined by the rules of procedure of the Assembly shall act as Speaker.

(4) A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management or on officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it;

Provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(5) Where any question arises regarding the disqualification of the Speaker under subsection (4) the decision of the Legislative Assembly shall be taken and shall be final.

Exercise of legislative power

11.

(1) The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler.

(2) No Bill or amendment involving expenditure from the Consolidated Fund of the State may be introduced or moved in the Legislative Assembly except by a member of the Executive Council.

(3) A Bill shall become law on being assented to by the Ruler, but no law shall come into force until it has been published, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.

FINANCIAL PROVISION

No taxation unless authorised by law

12. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law.

Expenditure charged on Consolidated Fund

13.

(1) There shall be charge on the Consolidated Fund of the State, in addition to any grant, remuneration or other moneys so charged by any other provision of the Constitution of the State or by State law -

(a) the Civil List of the Ruler and remuneration of the Speaker of the Legislative Assembly;

(b) all debt charges for which the State is liable; and

(c) any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.

(2) For the purposes of this provision debt charges include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated fund and the service and redemption of debt created thereby.

Annual financial statement

14.

(1) Subject to subsection (3), the Ruler shall, in respect of every financial year, cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the State for that year, and, unless the State Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of the year.

(2) The estimates of expenditure shall show separately -

(a) the total sums required to meet expenditure charged on the Consolidated fund; and

(b) subject to subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated fund.

(3) The estimated receipts to be shown in the said statement do not include any sums received by way of Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, and the sums to be shown under paragraph (b) of subsection (2) do not include -

(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those purposes by the law authorising the raising of the loan;

(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust;

(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal or State law.

(4) The said statement shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held, and the general heads in respect of which those liabilities are outstanding.

Supply Bill

15. The heads of expenditure to be met from the Consolidated Fund of the State, but not charged thereon, other than the sums mentioned in paragraphs (a) and (b) of section 14 (3) of the Eighth Schedule to the Federal Constitution, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure

16. If in respect of any financial year it is found -

(a) that the amount appropriated by the Supply Enactment for that purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Enactment; or

(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Enactment,

a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly and the heads of any such expenditure shall be included in a Supply Bill.

Withdrawals from the Consolidated Fund

17.

(1) Subject to the following provisions of this section, no moneys shall be withdrawn from the Consolidated Fund unless they are -

(a) charged on the Consolidated Fund; or

(b) authorised to be issued by a Supply Enactment.

(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.

(3) Subsection (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of section 14 (3) of the Eighth Schedule to the Federal Constitution.

(4) The State Legislature may in respect of any financial year authorise, before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

IMPARTIAL TREATMENT OF STATE EMPLOYEES

Impartial treatment of State employees

18. All persons of whatever race in the same grade of the service of the State, shall, subject to the terms and conditions of their employment, be treated impartially.

AMENDMENT OF THE CONSTITUTION

Amendment of the Constitution

19.

(1) The following provision of this section shall have effect with respect to the amendment of the Constitution of this State.

(2) The provisions affecting succession to the throne and the position of the Ruling Chiefs and similar Malay customary dignitaries may not be amended by the State Legislature.

(3) Any other provisions may, subject to the following provisions of this section, be amended by an Enactment of the State Legislature but may not be amended by any other means.

(4) A Bill for making an amendment to the said Constitution (other that an amendment excepted from the provisions of this subsection) shall not be passed by the Legislative Assembly unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members thereof.

(5) The following amendments are excepted from the provisions of subsection (4), that is to say -

(a) any amendment consequential on such a law as is mentioned in section 4 or section 21 of the Eighth Schedule to the Federal Constitution; and

(aa) any amendments to the definition of the territory of the State which is made in consequence of the passing of a law altering the boundaries of the State under Article 2 of the Federal Constitution to which the State Legislative Assembly and the Conference of Rulers have consented under the said Article; and

(b) any amendment of effect of which is to bring the Constitution of this State into accord with any of the provisions of the said Schedule, but only if it is made after the Legislative Assembly has been elected in accordance with section 4 of that Schedule.

(6) This section does not invalidate any provision of the Constitution of this State requiring the consent of any body of persons to any amendment affecting -

(a) the appointment and attributes of an heir or heirs to the throne, of the Ruler's Consort or of the Regent or Members of the Council of Regency of the State,

(b) the removal, withdrawal, or abdication of the Ruler or his heir or heirs,

(c) the appointment and attributes of the Ruling Chiefs or similar Malay customary dignitaries and of members of religious or customary Advisory Councils or similar bodies,

(d) the establishment, regulation, confirmation and deprivation of Malay customary ranks, titles, honours, dignities and awards and the attributes of the holders thereof and the regulation of the royal courts and repeal.

PROVISIONS IN RESPECT OF YANG DI-PERTUA NEGERI IN RELATION TO THE STATES OF MALACCA, PENANG, SABAH AND SARAWAK

Yang di-Pertua Negeri

19A.

(1) There shall be a Yang di-Pertua Negeri of the State who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.

(2) The Yang di-Pertua Negeri shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly of the State supported by votes of not less than two-thirds of the total number of its members.

(3) The Legislature may by law make provision for enabling the Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, to appoint a person to exercise the functions of the Yang di-Pertua Negeri during any period which the Yang di-Pertua Negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appointed unless he would be qualified to be appointed a Yang di-Pertua Negeri.

(4) A person appointed under subsection (3) may take the place of the Yang di-Pertua Negeri as a member of the Conference of during any period which under that subsection he may exercise the functions of the Yang di-Pertua Negeri.

Qualification and disabilities of Yang di-Pertua Negeri

19B.

(1) A person who is not a citizen or is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed a Yang di-Pertua Negeri.

(2) The Yang di-Pertua Negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Civil List of Yang de-Pertua Negeri

19C. The Legislature shall by law provide a Civil List of the Yang di-Pertua Negeri, which shall be charged on the Consolidated Fund and shall not be diminished during his continuance in office.

Oath of office of Yang di-Pertua Negeri

19D.

(1) The Yang di-Pertua Negeri shall before exercising his functions take and subscribe in the presence of the Chief Justice or of a judge of the High Court, an oath or affirmation in the following form, that is to say -

"I, ..................................................... having been appointed Yang di-Pertua Negeri of the State of ............................................................ do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of .................... and to the Federation of Malaysia, and that I will preserve, protect and defend the Constitution of the Federation of Malaysia and the Constitution of the State of .........................".

(2) Any law made under subsection (3) of section 19A shall make provision corresponding (with necessary modifications) to subsection (1).

PART II - TEMPORARY PROVISIONS ALTERNATIVE TO PROVISION IN PART I

The Executive Council (alternative to section 2)

20.

(1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say -

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a person who in his judgment is likely to command the confidence of the majority of the Assembly; and

(b) he shall on the advice of the Menteri Besar appoint not more than eight nor less than four other persons.

(3) Notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed Menteri Besar.

(4) In appointing a Menteri Besat the Ruler may in his discretion dispense with any provision in the Constitution of this State restricting his choice of a Menteri Besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section.

(5) The Executive Council shall be collectively responsible to the Legislative Assembly.

(6) The Menteri Besar shall cease to hold office at the expiration of a period of three months from the date of his appointment, unless before the expiration of that period a resolution of confidence in him has been passed by the Legislative Assembly; and if at any time he ceases to command the confidence of the majority of the members of the Legislative Assembly, then unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

(7) Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler's pleasure, but any member of the Council may at any time resign his office.

(8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

21.

(1) The Legislative Assembly shall consist of -

(a) such number of elected members as the Legislature may by law provide; and

(b) such number of other members, being less than the number of elected members, as the Ruler may appoint;

and, until other provisions made as aforesaid, the number of elected members shall be the number specified in Article 171 of the Federal Constitution.

(2) Notwithstanding anything in section 6 of the Eighth Schedule to the Federal Constitution a person shall not be disqualified for being an appointed member of the Legislative Assembly by reason only that he holds an office of profit.

PART III - MODIFICATION OF PARTS I AND II IN RELATION TO MALACCA AND PENANG

22. In the application of Parts I and II of this Schedule to the States of Malacca and Penang references to the Yang di-Pertua Negeri shall be substituted for references to the Ruler, and the following shall be omitted, that is to say, paragraphs (c) to (g) of section 1 (2), section 2 (4), subsection (2) and (6) of section 19, section 20 (4), in section 14 (3) the words preceding "the sums to be shown under paragraph (b)" and in subsection 19 (3) the word "other" in the first place where it occurs.

23.

(1) Part I of this Schedule shall apply to the States of Sabah and Sarawak as it applies to the States of Penang and Malacca except for the modifications of section 10 stated in subsection (2) of this section.

(2) Section 10 in its application to the State of Sabah or Sarawak may be modified by the substitution for the words "one of its members to be Speaker" in subsection (1) of the words "as Speaker such person as the Assembly may determine" by the omission of the word "other" in subsection (3), and by the addition of a subsection (4) -

"(4) A person shall not be chosen to be Speaker, unless he is a member or qualified to be a member of the Legislative Assembly, and the Speaker, whether a member or not, shall vacate his office on the dissolution of the Assembly, and may at any time resign his office."

NINTH SCHEDULE
LEGISLATIVE LISTS
List I - Federal List

1. External affairs, including -

(a) Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country;

(b) Implementation of treaties, agreements and conventions with other countries;

(c) Diplomatic, consular and trade representation;

(d) International organizations; participation in international bodies and implementation of decisions taken thereat;

(e) Extradition, fugitive offenders, admission into, and emigration and expulsion from, the Federation;

(f) Passports, visas, permits of entry or other certificates; quarantine;

(g) Foreign and extra-territorial jurisdiction; and

(h) Pilgrimages to places outside Malaysia.
2. Defence of the Federation or any part thereof, including -

(a) Naval, military and air forces and other armed forces;

(b) Any armed forces attached to or operating with any of the armed forces of the Federation; visiting forces;

(c) Defence works; military and protected areas; naval, military and air force bases; barracks, aerodromes and other works;

(d) Manoeuvres;

(e) War and peace; alien enemies and enemy aliens; enemy property; trading with an enemy; war damage; war risk insurance;

(f) Arms, fire-arms, ammunition and explosives;

(g) National service; and

(h) Civil defence.
3. Internal security, including -

(a) Police; criminal investigation; registration of criminals; public order;

(b) Prisons, reformatories; remand homes; place of detention; probation of offenders; juvenile offenders;

(c) Preventive detention; restriction of residence;

(d) Intelligence services; and

(e) National registration.
4. Civil and criminal law and procedure and the administration of justice, including -

(a) Constitution and organization of all courts other that Syariah Courts;

(b) Jurisdiction and powers of all such courts.

(c) Remuneration and other privileges of the judges and officers presiding over such courts;

(d) Persons entitled to practise before such courts;

(e) Subject to paragraph (ii), the following -

(i) Contract, partnership, agency and other special contracts; master and servant; inns and inn-keepers; actionable wrongs, property and its transfer and hypothecation, except land, bona bacantia; equity and trusts, marriage, divorce and legitimacy; married women's property and status; interpretation of federal law; negotiable instruments; statutory declarations; arbitration; mercantile law; registration of businesses and business names; age of majority; infants and minors; adoption; succession, testate and intestate; probate and letters of administration; bankruptcy and insolvency; oaths and affirmations; limitation; reciprocal enforcement of judgments and orders; the law of evidence;

(ii) the matters mentioned in paragraph (i) do not include Islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate;

(f) Official secrets, corrupt practices;

(g) Use of exhibition of coats of arms, armorial bearing, flags, emblems, uniforms, orders and decorations other than those of a State;

(h) Creation of offences in respect of any of the matters included in the Federal List or dealt with by federal law;

(i) Indemnity in respect of any of the matters in the Federal List or dealt with by federal law;

(j) Admiralty Jurisdiction;

(k) Ascertainment of Islamic law and other personal laws for purposes of federal law; and

(l) Betting and lotteries.
5. Federal citizenship and naturalisation; aliens.

6. The machinery of government, subject to the State List, but including -

(a) Elections to both Houses of Parliament and the Legislative Assemblies of the States and all matters connected therewith;

(b) The Armed Forces Council and the Commissions to which Part I applies;

(c) Federal services including the establishment of services common to the Federation and the States; services common to two or more States;

(d) Pensions and compensation for loss of office; gratuities and conditions of service;

(e) Government and administration of the Federal Territories of Kuala Lumpur and Labuan including Islamic law therein to the same extent as provided in item I in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;

(f) Federal Government contracts;

(g) Federal public authorities; and

(h) Purchase, acquisition and holding of, and dealing with, property for federal purposes.
7. Finance, including -

(a) Currency, legal tender and coinage;

(b) National savings and savings banks;

(c) Borrowing on the security by the States, public authorities and private enterprise;

(d) Loans to or borrowing by the States, public authorities and private enterprise;

(e) Public debt of the Federation;

(f) Financial and accounting procedure, including procedure for the collection, custody and payment of the public moneys of the Federation and of the States, and the purchase, custody and disposal of public property other than land of the Federation and of the States;

(g) Audit and account of the Federation and the States and other public authorities;

(h) Taxes, rates in the federal capital;

(i) Fees in respect of any of the matters in the Federal List or dealt with by federal law;

(j) Banking, money- lending' pawnbrokers; control of credit;

(k) Bills of exchange, cheques, promissory notes and other similar instruments;

(l) Foreign exchange; and

(m) Capital issues, stock and commodity exchanges.
8. Trade, commerce and industry, including -

(a) Production, supply and distribution of goods, price control and food control, adulteration of foodstuffs and other goods;

(b) Imports into, and exports from, the Federation;

(c) Incorporation, regulation and winding up of corporations other than municipal corporations ( but including the municipal corporation of the federal capital); regulation of foreign corporations; bounties on production in or export from the Federation;

(d) Insurance, including compulsory insurance;

(e) Patents, designs; inventions; trade marks and mercantile marks; copyrights;

(f) Establishments of standards of weights and measures;

(g) Establishments of standards of quality of goods manufactured in or exported from the Federation;

(h) Auctions and auctioneers;

(i) Industries, regulation of industrial undertakings;

(j) Subject to item 2 (c) in the State List; Development of mineral resources, mines, mining, minerals and mineral ores, oils and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields;

(k) Factories, boilers and machinery, dangerous trades; and

(l) Dangerous and inflammable substances.
9. Shipping, navigation and fisheries, including -

(a) Shipping and navigation on the high seas and in tidal and inland waters;

(b) Ports and harbours; foreshores;

(c) Lighthouses and other provisions for the safety of navigation;

(d) Maritime and estuarine fishing and fisheries, excluding turtles;

(e) Light dues; and

(f) Wrecks and salvage.
10. Communications and transport, including -

(a) Roads, bridges, ferries and other means of communication if declared to be federal by or under federal law;

(b) Railways, excluding Penang Hill Railway;

(c) Airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft;

(d) Regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one State;

(e) Carriage of passengers and goods by land, water and air;

(f) Mechanically propelled vehicles;

(g) Posts and telecommunications; and

(h) Wireless, broadcasting and television.
11. Federal works and power, including -

(a) Public works for federal purposes;

(b) Water supplies, rivers and canals, except those wholly within one State or regulated by an agreement between all the States concerned; production, distributions by supply of water power; and

(c) Electricity, gas and gas works; and other works for the production and distribution of power and energy.
12. Surveys, inquiries and research, including -

(a) Census; registration of births and deaths; registration of marriages; registration of adoptions other than adoptions under Islamic law or Malay custom;

(b) Survey of the Federation; social, economic and scientific surveys; meteorological organizations;

(c) Scientific and technical research; and

(d) Commissions of inquiry.
13. Education, including -

(a) Elementary, secondary, and university education; vocational and technical education, training of teachers; registration and control of teachers; managers and schools; promotion of special studies and research; scientific and literary societies;

(b) Libraries; museums; ancient and historical monuments and records; archaeological sites and remains.
14. Medicine and health including sanitation in the federal capital, and including -

(a) Hospitals, clinic and dispensaries, medical profession; maternity and child welfare; lepers and leper institutions;

(b) Lunacy and mental deficiency, including places for reception and treatment;

(c) Poisons and dangerous drugs; and

(d) Intoxicating drugs and liquors, manufacture and sale of drugs.
15. Labour and social security, including -

(a) Trade unions; industrial and labour disputes, welfare of labour including housing of labourers by employers; employers liability and workmen's compensation;

(b) Unemployment insurance; health insurance; widow's orphan's and old age pensions; maternity benefits; provident and benevolent funds; superannuation; and

(c) Charities and charitable institutions; charitable trusts and trustees excluding Wakafs; Hindu endowments.
16. Welfare of the aborigines.

17. Professional occupations other than those specifically enumerated.

18. Holidays other than State holidays; standard of time.

19. Unincorporated societies.

20. Control of agricultural pests; protection against such pests; prevention of plant diseases.

21. Newspaper, publications, publishers, printing and printing presses.

22. Censorship.

23. Subject to item 5(f) of the State List, theatres; cinemas; cinematograph films; places of public amusement.

24. Federal housing and improvement trusts.

25. Co-operative societies.

26. Subject to item 9A of the Concurrent List, prevention and extinguishment of fire, including fire services and fire brigades.

27. All matters relating to the Federal Territory, including the matters enumerated in items 2,3,4 and 5 of the State List and in the Cast of the Federal Territory of Labuan, the matter enumerated in items 15,16 and 17 of the Supplement to State List for States of Sabah and Sarawak.

List II - State List

1. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy guardianship, gifts, partitions and non-charitable trusts; Wakafs and the definition and regulation of charitable and religious endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs. Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah courts, which shall have jurisdiction only over person professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so fat as conferred by federal law*, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine Malay custom.

2. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, land including -

(a) Land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction;

(b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;

(c) Permits and licences for prospecting for mines; mining leases and certificates;

(d) Compulsory acquisition of land;

(e) Transfer of land, mortgages, leases and charges in respect of land; easements; and

(f) Escheat; treasure trove excluding antiquities.

3. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, agriculture and forestry, including -

(a) Agriculture and agricultural loans, and

(b) Forests.
4. Local government outside the Federal Territories of Kuala Lumpur and Labuan, including -

(a) Local administration; municipal corporation; local town and rural board and other local authorities; local government services, local rates, local government elections;

(b) Obnoxious trades and public nuisances in local authority areas;

(c) Housing and provision for housing accommodation, improvement trusts.
5. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, other services of a local character, that is to say -

(a) (Repealed).

(b) Boarding houses and lodging houses;

(c) Burial and cremation grounds;

(d) Pounds and cattle trespass;

(e) Markets and fairs; and

(f) Licensing of theatres, cinemas and places of public amusement.
6. State works and water, that is to say -

(a) Public work for State purposes;

(b) Roads, bridges and ferries other than those in Federal List, regulation of weight and speed of vehicles on such roads; and

(c) Subject to the Federal List, water (including water supplies, rivers and canals); control of silt; riparian rights.
7. Machinery of the State Government, subject to the Federal List, but including -

(a) Civil List and State pensions;

(b) Exclusive State services;

(c) Borrowing on the security of the State Consolidated Fund;

(d) Loans for State purposes;

(e) Public debt of the State; and

(f) Fees in respect of any of the matters included in the State List or dealt with by State law.
8. State holidays.

9. Creation of offences in respect of any of the matters included in the State List or dealt with by State law, proof of State law and of thing done thereunder, and proof of any matter for purposes of State law.

10. Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the State List of dealt with by State law.

11. Indemnity in respect of any of the matters in the State List or dealt with by State law.

12. Turtles and riverine fishing.

List IIA - Supplement to State List for State of Sabah and Sarawak

13. Native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law.

14. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding up of corporations so created.

15. Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores.

16. Cadastral land surveys.

17. Libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law.

18. In Sabah, the Sabah Railway.

19. (Repealed).

List II B - (Repealed)

List III - Concurrent List

1. Social welfare; social services subject to Lists I and II; protection of women, children and your persons.

2. Scholarships.

3. Protection of wild animals and wild birds; National Parks.

4. Animal husbandry, prevention of cruelty to animals; veterinary services; animal quarantine.

5. Town and country planning, except in the federal capital.

6. Vagrancy and itinerant hawkers.

7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.

8. Drainage and irrigation.

9. Rehabilitation of mining land and land which has suffered soil erosion.

9A. Fire safety measures and fire precautions in the construction and maintenance of building.

List IIIA - Supplement to Concurrent List for State of Sabah and Sarawak

10. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession testate and intestate.

11. Adulteration of foodstuffs and other goods.

12. Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping, maritime and estuarine fishing and fisheries.

13. The production, distribution and supply of water power and of electricity generated by water power.

14. Agricultural and forestry research, control of agricultural pests, and protection against such pests, prevention of plant diseases.

15. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereof and the regulation and winding-up of incorporated charities and charitable institutions in the State.

16. Theatres; cinemas; cinematograph films; places of public amusements.

17. Elections to the State Assembly held during the period of indirect elections.

18. In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14 (a) to (d) of the Federal List.

List III B - (Repealed).

TENTH SCHEDULE
GRANTS AND SOURCE OF REVENUE ASSIGNED TO STATES
Part I - CAPITATION GRANT

1.

(1) The capitation grant payable to each State in respect of a financial year shall be at the following rates:

(a) for the first 100,000 persons at the rate of $20 per person;

(b) for the next 150,000 persons at the rate of $10 per person;

(c) for the next 250,000 person at the rate of $6 per person;

(d) for the remainder at the rate of $3 per person,

and shall be based on the annual population projection of the State as determined by the Federal Government and calculated as the last population census:

Provided that if the last census was taken one year before the beginning of the financial year, the grant for that particular year shall be based on the population as determined by that population census.

(2) (Repealed).
Part II - STATE ROAD GRANT

2. The State road grant payable to each of the States of Malaya in respect of a financial year shall be calculated by multiplying -

(a) the average cost to a State of maintaining a mile of State orad at the minimum standard determined for State roads in those States by the Federal Government after consultation with the National Federal Council; by

(b) so much of the mileage of State roads in the State as qualifies for grant.
3. For the purpose of section 2 -

(a) the mileage of State roads in a State shall be taken to be that mileage as on the thirty-first day of December of the preceding financial year, and the average cost mentioned in paragraph (a) of that section shall be taken to be the average cost in that State calculated in the preceding financial year; and

(b) the maintenance of State roads means the preservation, upkeep and restoration of State roads, roadside furniture, bridges, viaducts or culverts forming part thereof or connected therewith as nearly as possible in their original condition as constructed or as subsequently improved.
4. A length of State road if it is actually maintained by the Public Works Department of the State at or above the minimum standard mentioned in section 2 (a) and a length of any road within the limit of a local authority if such road is certified by the Public Works Department of the State as coming within the qualifying standard and maintained at or above the minimum standard as mentioned in section 2 (a) qualify for grant.

5. In this Part of this Schedule, "State road" means any public road other than a federal road, and any other road other than a federal road to which the public has access.

6.

(1) The State road grant payable to Sabah or Sarawak shall, in each of the years 1964 and 1965, be payable at the rate of $4,500 a mile in respect of a mileage in Sabah of 1,151 miles and in Sarawak of such amount as may be agreed between the Federal and State Governments.

(2) Thereafter sections 2 to 5 shall apply to the State road grant so payable with the following modifications:

(a) the minimum standard mentioned in section 2 (a) shall be the minimum standard determined for State roads in the State; and

(b) any length of road maintained by a local authority at the expense of the State shall be treated as maintained by the Public Works Department of the State.
Part III - SOURCES OF REVENUE ASSIGNED TO STATES

1. Revenue from toddy shops.

2. Revenue from lands, mines and forests.

3. Revenue from licences other than those connected with mechanically propelled vehicles, electrical installations and registration of business.

4. Entertainment duty.

5. Fees in court other than federal courts.

6. Fees and receipts in respect of specific services rendered by departments of State Governments.

7. Revenue of town boards, town councils, rural boards, local councils and similar local authorities other than -

(a) municipalities established under any Municipal Ordinance;

(b) those town boards, town councils, rural boards, local councils and similar local authorities which have power under written law to retain their revenues and control the spending thereof.
8. Receipts in respect of water supplies, including water rates.

9. Rents on State property.

10. Interest on State balances.

11. Receipts from land sales and sales of State property.

12. Fines and forfeitures in courts other than federal courts.

13. Zakat, Fitrah and Baitumal and similar Islamic religious revenue.

14. Treasure trove.

Part IV - SPECIAL GRANTS TO STATES OF SABAH AND SARAWAK

1.

(1) In the case of Sarawak a grant of $5,800,000 in each year.

(2) In the case of Sarawak, a grant of which the amount in 1964 and each of the four following years shall be respectively $3.5m., $7m., $11.5m., $16m., $21m., and in later years shall be fixed on a review under Article 112B.
2.

(1) In the case of Sabah, a grant of an amount equal in each year to two-fifths of the amount by which the net revenue derived by the Federation from Sabah exceeds the net revenue which would have been so derived in the year 1963 if -

(a) the Malaysia Act had been in operation in that year as in the year 1964; and

(b) the net revenue for the year 1963 were calculated without regard to any alternation of any tax or fee made on or after Malaysia Day;

("net revenue" meaning for this purpose the revenue which accrues to the Federation, less the amounts received by the State in respect of assignments of that revenue).

(2) In the case of Sabah, for any year before 1968 in which the State road grant is less than $5,179,500, a supplement to that grant on an amount equal to the deficiency.
3. In either case, for any year before 1974 and, if at the beginning of 1974 the Legislature to the State has power to make laws with respect to the carriage of passengers and goods by land or to mechanically propelled road vehicles, then during the continuance of that power, a grant equal to the cost to the State in the year of the State road transport department.

Part V - ADDITIONAL SOURCE OF REVENUE ASSIGNED TO STATES OF SABAH AND SARAWAK

1. Import duty and excise duty on petroleum products.

2. Export duty on timber and other forest product.

3. So long as the royalty levied by the State on any mineral chargeable with export duty other than tin (but including mineral oils) does not amount to 10 per cent ad valorem calculated as for export duty, export duty on that mineral or such part of the export duty as makes the total of royalty and duty on exported mineral up to 10 per cent ad valorem so calculated.

4. In the case of Sabah, so long as medicine and health remains an item in the Concurrent List and expenses in respect of that item are borne by the State, 30 per cent of all customs revenue other than that in respect of the duties mentioned in section 1, 2 and 3.

5. For any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during continuance of that powers, fees from such licences.

6. For any year before 1974, and if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the registration of mechanically propelled vehicles, then during the continuance of that power, fees from the registration of such vehicles.

7. State sales taxes.

8. Fees and dues from ports and harbours other than federal ports and harbours.

ELEVENTH SCHEDULE
PROVISIONS OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE, 1948 (MALAYAN UNION ORDINANCE NO. 7 OF 1948), APPLIED FOR INTERPRETATION OF THE CONSTITUTION
Section - Subject Matter

2 (56) Meaning of "month" - "month" means calendar month according to the Gregorian calendar.

2 (61) Meaning of "person" and "party"; - "person" and "party" included any body of persons, corporate or unincorporate.

2 (88) Definition of "subsidiary legislation" - "subsidiary legislation" means any Order in Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.

2 (94) Construction of masculine gender - words importing the masculine gender include females.

2 (95) Construction of singular or plural - words in the singular include the plural, and words in the plural include the singular.

2 (96) Meaning of "writing" - "writing" and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form.

2 (98) Meaning of "year" - "year" means a year reckoned according to the Gregorian calendar.

7. Forms - Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.

13 Effect of repeal - Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not -

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any written law so repealed or anything duly done or suffered under any written law to repealed; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or

(e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.

21. (Repealed).

23. 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.

28. Construction of provisions as to exercise of powers and duties -

(1) Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

(2) Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.
29. Power to appoint includes power to dismiss - Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:

30. Construction of enabling words - Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.

32. Official designation to include officer executing duties - When reference is made in any written law, instrument, warrant or process of any kind made or issued by the Yang di-Pertuan Agong, or a Ruler or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties.

33. Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability -

(1) Where by or under any written law any powers are conferred or any duties are imposed upon a public officer, the Yang di-Pertuan Agong or, in the case of a public officer borne on the establishment of a State, the Ruler of that State, may direct that if, during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by a person named by, or by a public officer holding the office designated by, the Yang di-Pertuan Agong or Ruler, as the case may be, and thereupon such person or public officer, during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid subject to such conditions, exceptions and qualifications as the Yang di-Pertuan Agong or Ruler may direct.

(2) Without prejudice to the provisions of subsection (1), when a substantive holder of any office is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively in his place.
33C Powers of a board, etc., not affected by vacancy, etc. - Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers and proceedings of such board, commission, committee or similar body shall not be affected by -

(a) any vacancy in the membership thereof;

(b) any defect afterwards discovered in the appointment or qualification of a person purporting to be a member thereof; or

(c) any minor irregularity in the convening of any meeting thereof.
35 (Repealed).

36 Computation of time - In computing time for the purposes of any written law, unless the contrary intention appears -

(a) a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;

(b) if the last day of the period is a weekly holiday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day not being an excluded day;

(c) when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceedings shall be considered as done or taken in due time if it is dome or taken on the next day afterwards, not being an excluded day;

(d) when an act or proceedings is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time.
38 Provision when no time prescribed - Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises.

40A Solicitor-General to exercise powers of Attorney General -

(1) Unless in any written law it is otherwise expressly provided, the Solicitor-General may perform any of the duties and may exercise any of the powers of the Attorney General.

(2) Where the Yang di-Pertuan Agong or any other person has lawfully delegated his powers to the Attorney General such delegation shall, unless otherwise expressly provided, be deemed to be delegation of powers to both the Attorney General and the Solicitor-General.
42 Public officers - A reference in any written law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the Federation or any State and unless the contrary intentions appears, by read and construed as referring to the person for the time being holding or carrying out the duties of that office in the Federation or State, as the case amy be.

44 Construction of references to laws - In any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

46 English text to prevail - In case of any conflict or discrepancy between the English text of a written law and any translation thereof, the english text shall prevail.

TWELFTH SCHEDULE

TWELFTH SCHEDULE (Repealed).

THIRTEENTH SCHEDULE
PROVISIONS RELATING TO DELIMITATION OF CONSTITUENCIES
Part I - DECLARATION OF AND PRINCIPLES RELATING TO THE DELIMITATION OF CONSTITUENCIES

1. The constituencies for the election of members to the House of Representatives and the Legislative Assemblies of the State shall until altered in accordance with the provisions of this Schedule, be those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act.

2. The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117 -

(a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconvenience of State constituencies crossing the boundaries of federal constituencies;

(b) regard ought to be to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;

(c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies;

(d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.
3. For the purposes of this Park, the number of electors shall be taken to be as shown on the current electoral rolls.

3A. For the purposes of this Part, in any review of constituencies for the purposes of election to the House of Representatives, the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State.

Part II - PROCEDURE FOR DELIMITATION OF CONSTITUENCIES

4. Where the Election Commission have provisionally determined to make recommendations under Clause (2) of Article 113 affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least on newspaper circulating in the constituency a notice stating -

(a) the effect of their proposed recommendations, and (except in a case where they propose to recommend that no alteration be made in respect of the constituency) that a copy of their recommendations is open to inspection at a specified place within the constituency; and

(b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of such notice,
and the Commission shall take into consideration any representation duly made in accordance with any such notice.

5. Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any constituencies, the Commission receive and presentation objecting to the proposed recommendations from -

(a) the State Government or any local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation; or

(b) a body of one hundred or more persons whose names are shown on the current electoral rolls of the constituencies in question,
the Commissions shall cause a local enquiry to be held in respect of those constituencies.

6. In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commissions of Enquiry Act 1950.

7. Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published;

Provided that is shall not be necessary to hold more than two local enquiries in respect of any such recommendations.

8. The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituencies showing -

(a) the constituencies into which they recommend that each unit of review should be divided in order to give effect to the principles set out in section 2; and

(b) the names by which they recommend that those constituencies shall be known,

or stating that in their opinion no alteration is required to be made in order to give effect to the said principles.

9. As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alternation is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report.

10. If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less than one-half of the total number of members of that House, the Prime Minister shall submit the draft Order to the Yang di-Pertuan Agong.

11. If a motion for the removal of any draft Order referred to in section 9 is rejected by the House of Representatives, or withdrawn by leave of the House, or is not supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister may, after such consultation with the Election Commission as he may consider necessary, amend the draft and lay the amended draft before the House of Representative; and if the draft as so amended is approved by the House by a resolution supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister shall submit the amended draft to the Yang di-Pertuan Agong.

12. Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the terms of the draft submitted to him, and the Order shall come into force on such date as may be specified therein:

Provided that the coming into force of any such Order shall not affect any election 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 the date.

NOTES
Art. 1:

The original Article as it stood on Merdeka Day read as follows;

"1.

(1) The Federation shall be known by the name of Persekutuan Tanah Melayu (in English the Federation of Malaya)

(2) The States of the Federation are Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu (formerly known as the Malay States) and Malacca and Penang (formerly known as the Settlements of Malacca and Penang).

(3) The territories of each of the States mentioned in Clause (2) are the territories of that State immediately before Merdeka Day."

Art. 1 (2):

The present Article without Clause (4) was inserted by Act 26/1963. s.4. in force from 16-9-1963 (i.e. when Malaysia was established). Act 59/1966 s.2. in force from 9-8-1965 (i.e. the date Singapore left Malaysia) amended Clause (2) by deleting therefrom para (c) which read as follows:

"(c) the State of Singapore."

The present Clause (2) was substituted by Act A354, s. 2. in force from 27-8-1976. This Clause before its substitution by Act A.354 was amended by Act 26/1963, s.4. in force from 16-9-1963 (i.e. when Malaysia was established) read as follows:

"(2) The States of the Federation shall be -

(a) the States of Malaya, namely, Johore, Kedah, Kelanta, Malacca, Negeri, Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu;

(b) the Borneo States, namely, Sabah and Sarawak; and

(c) the State of Singapore."

Art. 1 (3):

The words "Subject to Clause (4)," were inserted before the words "The territories of each of the States" by Act A206, Schedule, in force from 1-2-1974.

Art. 1 (4):

1. The original Clause which was added by Act A206, Schedule, in force from 1-2-1974 (i.e. the date of the establishment of the Federal Territory of Kuala Lumpur) read as follows:

"(4) The territory of the State of Salangor shall exclude the Federal Territory established under the Constitution (Amendment) (No.2) Act 1973."

2. Subsequently this Clause was amended by Act A566, s.2. (1), in force from 1-2-1974, by inserting the words, " and the Federal Territory shall be a territory of the Federation."

Section 2 (2) of Act A566 also provided w.e.f. 1-2-1974 that -

"Any reference in the Constitution and any other written law to the Federation, Malaya, Malaysia, the States of the Federation, the State of Malaya, or West Malaysia, however used, whether or not used in conjunction with or as part of another, shall be construed to include a reference to the Federal Territory, unless there is a provision to the contrary or there is something in the subject or context inconsistent with or repugnant to such construction".

3. The present Clause was substituted by Act A585, a. 11, in force from 16-4-1984.

Art. 2:

See Art. 22, 113 (3), 159 (4) (bb).

Art. 3 (2):

1. The words "States not having a Ruler" in line 1 were substituted for "Malacca and Penang" by Act 26/1963, s. 7 (1), in force from 16-9-1963.

2. The words, "religion of Islam" were substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976.

Art. 3 (3):

The words "religion of Islam" were substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976. The words "States of Malacca, Penang, Sabah and Sarawak" were substituted for "States of Malacca and Penang" by Act A354, s.3. in force from 27-8-1976.

1. Act 26/1963, s. 7(2), in force from 16-9-1963, substituted "Penang and Singapore" for "and Penang" Act 59/1966, s. 2, in force from 9-8-1965, restored the original version "and Penang".

2. See Art. 5 of the Constitutions of the States of Malacca and Penang.

Art. 3 (5):

1. Added by Act A206, Schedule, in force 1-2-1974 and amended by Act A354, s. 45, in force from 27-8-1976, substituted "religion of Islam" for "Muslim religion" and "Islamic" and "Muslim".

2. The words "Territories of Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, Schedule, in force from 16-4-1984.

Art: 4 (1);

See Art. 159A.

Art. 4 (3):

The words "in proceedings for a declaration that the law is invalid on that ground or "which appear before para. (a) were inserted by Act 26/1963, s. 40, in force from 16-9-1963.

Art. 4 (4):

Added by Act 26/1963, s. 40, in force from 16-9-1963.

Art. 5 (1):

See Art. 149 (1).

Art. 5 (2):

The words "a High Court" which appear in line 1 were substituted for "the Supreme Court" by Act 26/1963, s. 70. in force from 16-9-1963.

Art. 5 (4):

Proviso added by Act A354, s. 4, in force from 31-8-1957.

Art. 6 (4):

Added by Act A354, s. 5, in force from 27-8-1976.

Art. 8

See Art. 12.161A (5)

Clause (5) (c): The words "Malay Peninsula" were substituted for "Federation" by Act 26/1963, s. 70, in force from 16-9-1963.

Art. 9

See Art. 149 (1).

Clause (2):

1. The words "Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof" which appear at the commencement were substituted for the words "Subject to any restriction imposed by any law relating to the security of the Federation" by Act 26/1963, s. 60 (1) in force from 16-9-1963.

2. See Art. 4 (2) (a).

Clause (3):

1. This Clause was added by Act 26/1963, s. 60 (1), in force from 16-9-1963. A proviso which was added at the same time was repealed by Act 59/1966, s. 2, in force from 19-9-1966. As it stood on the date of repeal, the proviso read as follows:

"Provided that no restriction on the right of movement between the State of Singapore and the State of Malaya shall be imposed by virtue of this Clause except by a law relating to labour or education or to any matter in respect of which, because of the special position of the State of Singapore, it appears to Parliament to be desirable to prevent the enjoyment of rights both in the State of Singapore and in the States of Malaya."

2. This Clause (3) applies to laws passed before Malaysia Day so as to impose restrictions with effect from Malaysia Day - Act 26/1963, s. 60 (2).

3. The proviso to Clause (3) was amended by adding " and any such restriction shall apply reciprocally to the State of Malaya and the State of Singapore" at the end of the proviso by Act 19/1964, s. 2. in force from 30-7-1964.

Art. 10:

See Art. 149 (1)

Clause (1): The words "Subject to Clauses (2), (3) and (4)" substituted for "Subject to Clauses (2) and (3)" by Act A30, s. 2, in force from 10-3-1971.

Clause (2):

1. The words " or any part thereof" which appear in paras (a), (b) and (c) after the word "Federation" were inserted by Act 26/1963, s. 60 (3), in force from 16-9-1963.

2. See Art. 4 (2) (b).

Clause (3) was added by Act 26/1963, s. 60 (4), in force from 16-9-1963, which also amended Clause (1) by substituting the words "Clause (2) and (3)" for "Clause (2)" appearing at the commencement of the Clause.

Clause (4) added by Act A30, s. 2, in force from 10-3-1971.

Art. 11 (4):

1. The words "and in respect of the Federal Territory, federal law" were inserted after "State law" in line 1 by Act A206, Schedule, in force from 1-2-1974. The words "religion of Islam" substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976.

2. Subsequently the words "Territories" Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, Schedule, in force from 16-4-1984.

Art. 12 (2):

1. The present Clause (2) was inserted by Act A354, s. 6, in force from 27-8-1976 and replaced the earlier Clause which read as follows:

"(2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law, but federal law or State law may provide for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion."

2. The words "or State law" which appears in line five after "federal law" were inserted by Act 25/1963, s. 2 (1), in force from 31-8-1957 vide s. 3 (3).

Art. 14

1. The present Article was inserted by Act 26/1963, s. 23, in force from 16-9-1963, but Clauses (1) (c), (2) and (3), which are reproduced below, were repealed by Act 59/1966, s. 2, in force from 9-8-1965.

"(1) (C) every citizen of Singapore.

(2) Subject to the provisions of this Part, provision with respect to citizenship of Singapore may be made by the constitution of that State, and may be amended by laws passed by the Legislature of that State and approved by Act of Parliament.

(3) Citizenship of Singapore shall not be severable from citizenship of the Federation, but a Singapore citizen by the loss of either shall lose the other also (subject to the provision made by this Part for the enrolment of a Singapore citizen as a citizen who is not a Singapore citizen)."

2. The earlier Article, as it stood at the date of repeal, read as follows:

"14.

(1) Subject to the following provision of this Article, the following persons are citizens by operation of law, that is to say:

(a) every person who, immediately before Merdeka Day, was a citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement, 1948, whether by operation of law or otherwise;

(b) every person born within the Federation on or after Merdeka Day;

(c) every person born outside the Federation on or after Merdeka Day whose father is a citizen at the time of the birth and either was born within the Federation or is at the time of the birth in service under the Government of the Federation or of a State;

(d) every person born outside the Federation on or after Merdeka Day whose father is a citizen at the time of the birth, if the birth is registered at a Malayan Consulate or, in the case of any such person born within any prescribed territory , with the Federal Government, within one year of its occurrence, or within such longer period as the Federal Government may in any particular case allow.

For the purposes of paragraph (d) of this Clause "prescribed territory" means Singapore, Sarawak, Brunei or North Borneo, or any such other territory as the Yang di-Pertuan Agong may by order prescribe for such purposes.

(2) A person is not a citizen by virtue of paragraph (b) of Clause (1) if, at the time of his birth -

(a) his father, not being a citizen of the Federation, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong; or

(b) case of a birth occurring in a place under occupation by the enemy, his father was an enemy alien; or

(c) neither of his parents was a citizen of the Federation and neither of them was a permanent resident therein.

Provided that paragraph (c) of this Clause does not apply -

(i) to any person born within the Federation before the date on which section 2 of the Constitution (Amendment) Act 1962 came into force;

(ii) to any person if, as a result of the application of that paragraph, he would not be a citizen of any country.

(3) For the purposes of this Article a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that Country.

(4) For the purposes of paragraph (c) of Clause (2) a person shall be treated as having been at any time a permanent resident in the Federation if, but only if, he was then resident in the Federation and either -

(a) he then had permission, granted without limit of time under any federal law, to reside there; or

(b) it is certified by the Federal Government that he is to be treated for the purposes of the said paragraph (e) as a permanent resident in the Federation.

(5) A certificate of the Federal Government that a person is or was excluded from the applications of paragraPH (C) of Clause (2) by paragraph (ii) of the proviso to that Clause shall be conclusive evidence of the matter certified.

Art. 15

1. The present Article was inserted by Act 26/1963, s. 25, in force from 16-9-1963, Act 59/1966, s. 2, in force from 9-8-1965, amended it -

(a) by repealing Clause (6) which read as follows:

"(6) In Clause (1) the words 'outside Singapore' shall not have effect in the case of a woman whose husband is a citizen by naturalisation under Clause (2) of Article 19."

(b) by deleting the references to Singapore and Singapore citizens in Clauses (1) to (5).

Clause (1): See Art. 24 (4), 26 (2), 28 (1) (b), 28A (3).

Clause (3): See 2nd Sch. Pt III. s.18.
2. The original Article as it stood on Merdeka Day read as follows:

"15

(1) Subject to Article 18, any woman who is married to a citizen is entitle, upon making application to the registering authority, to be registered as a citizen.

(2) Subject to Article 18, any person under the age of twenty-one years whose father is a citizen or, if deceased, was a citizen at the time of his death, is entitled, upon application made to the registering authority by his parent or guardian, to be registered as a citizen if that authority is satisfied that he is ordinarily resident in the Federation and is of good character.

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