Federation of Malaya Independence Order in Council, 1957
| Jurisdiction | UK Non-devolved |
| Citation | SI 1957/1533 |
| Year | 1957 |
1957 No. 1533
FEDERATION OF MALAYA
The Federation of Malaya Independence Order in Council, 195723rdAugust 1957
29thAugust 1957
Immediately before 31stAugust 1957
At the Court at Balmoral, the 23rd day of August, 1957.
Present,
The Queen's Most Excellent Majesty in Council
Whereas by the Federation of Malaya Independence Act, 1957(a), the approval of Parliament was given to the conclusion between Her Majesty and the Rulers of the Malay States of such agreement as appears to Her Majesty to be expedient for the establishment of the Federation of Malaya as an independent sovereign country within the Commonwealth:
And Whereas the said Act provides that any such agreement as aforesaid may make provision—
(a) for the formation of the Malay States and of the Settlements of Penang and Malacca into a new independent Federation of States under a Federal Constitution specified in the Agreement, and for the application to those Settlements, as States of the new Federation, of State Constitutions so specified;
(b) for the termination of Her Majesty's sovereignty and jurisdiction in respect of the said Settlements, and of all other Her power and jurisdiction in and in respect of the Malay States or the Federation as a whole, and the revocation or modification of all or any of the provisions of the Federation of Malaya Agreement, 1948, and of any other agreements in force between Her Majesty and the Rulers of the Malay States:
And Whereas the said Act further provides that any such Agreement shall be conditional upon the approval of the new Federal Constitution by enactments of the existing Federal Legislature and of each of the Malay States; and that upon such approval being given Her Majesty by Order in Council may direct that the said Federal and State Constitutions shall have the force of law within the said Settlements, and, so far as She has jurisdiction in that behalf, elsewhere within the Federation, and may make such other provision as appears to Her to be necessary for giving effect to the Agreement:
And Whereas the Agreement set out in the Annex to this Order (hereinafter called "the Agreement") was concluded on the 5th day of August, 1957, between Her Majesty and the Rulers of the Malay States:
And Whereas the Federal Constitution which is set out in the First Schedule to the Agreement has been approved by enactments of the existing Federal Legislature and of each of the Malay States:
(a) 5 & 6 Eliz. 2. c. 60.
Now, therefore, Her Majesty, by virtue and in exercise of the powers by section 1 of the said Act or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement, application and construction
1.—(1) This Order may be cited as the Federation of Malaya Independence Order in Council, 1957, and shall come into operation immediately before the 31st day of August, 1957.
(2) This Order extends to the Settlements of Penang and Malacca and, so far as Her Majesty has jurisdiction therein, to the other territories of the Federation of Malaya.
(3) The Interpretation Act, 1889(a), shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Constitutions to have force of law
2. The Federal Constitution set out in the First Schedule to the Agreement, and the State Constitutions set out in the Second and Third Schedules thereto, shall have the force of law—
(a) in the case of the said Federal Constitution, as from the 31st day of August, 1957;
(b) in the case of the said State Constitutions, as from the commencement of this Order.
Revocation
3.—(1) The Federation of Malaya Orders in Council, 1948 to 1956(b), are hereby revoked.
(2) Nothing in this section shall prejudice the continuance in operation of any provision of the said Orders in Council, to the extent provided for by the Federal and State Constitutions referred to in section 2 of this Order, as part of those Constitutions.
W. G. Agnew.
ANNEX
THE FEDERATION OF MALAYA AGREEMENT, 1957
AGREEMENT dated the 5th day of August, 1957, AND MADE BETWEEN Sir DONALD CHARLES MACGILLIVRAY, G.C.M.G., M.B.E., on behalf of HER MAJESTY of the one part and His Highness TUNKU ISMAIL ibni Sultan IBRAHIM, D.K., S.P.M.J., S.P.M.K., K.B.E., C.M.G., the Regent of Johore, on behalf of His Highness IBRAHIM ibni Almarhum Sultan ABU BAKAR, D.K., S.P.M.J., G.C.M.G., K.B.E. (Mil.), G.B.E., G.C.O.C. (I), Sultan of the State and Territory of JOHORE, His Highness ABU BAKAR RI'AYATU'D-DIN AL-MUADZAM SHAH ibni Almarhum ALMU'TASIM BI'LLAH Sultan ABDULLAH, G.C.M.G., Sultan of the State of PAHANG, His Highness TUANKU ABDUL RAHMAN ibni Almarhum TUANKU MUHAMMAD, G.C.M.G., the Yang di-Pertuan Besar of the State of NEGRI SEMBILAN, Dato' Klana Petra MOHAMED KASSIM bin Dato' Nika Haji Abdul Rashid, Undang of SUNGEI UJONG, Dato' Mendika Mentri Akhirzaman SHAHMARUDDIN bin Abdulrahman, Undang of JELEBU, Dato' Johan Pahlawan Lela Perkasa Setiawan ABDUL MANAP bin Tolok, Undang of JOHOL, Dato' Lela Maharaja HAJI IPAP bin Abdullah, Undang of REMBAU, and Tengku SYED IDRUS bin Tengku Syed Mohammad, Tengku Besar of TAMPIN, the Ruling Chiefs of the
(a) 52 & 53 Vict. c. 63.
(b) S.I. 1948/108 (Rev. VIII, p. 420: 1948 I, p. 1231); S.I. 1954/1143, 1956/1208 (1954 I, p. 1183; 1956 I, p. 928).
State of NEGRI SEMBILAN, His Highness HISAMUDDIN ALAM SHAH ibni Almarhum Sultan ALA-IDDIN SULAIMAN SHAH, K.C.M.G., Sultan of the State of SELANGOR, His Highness TUNKU BADLISHAH ibni Almarhum Sultan ABDUL HAMID HALIMSHAH, K.C.M.G., K.B.E., Sultan of the State of KEDAH, His Highness SYED PUTRA ibni Almarhum SYED HASSAN JAMALULLAIL, K.C.M.G., the Raja of PERLIS, His Highness TENGKU IBRAHIM ibni Almarhum Sultan MOHAMED, IV, D.K., S.P.M.K., S.J.M.K., D.K. (Johore), K.C.M.G., Sultan of the State of KELANTAN, His Highness Sultan ISMAIL NASIRUDDIN SHAH ibni Al-Marhum Sultan ZAINAL ABIDIN, K.C.M.G., Sultan of the State of TRENGGANU and His Highness Paduka Sri Sultan YUSSUF 'IZZUDDIN SHAH ibni Almarhum Sultan ABDUL JALIL RADZIALLAH HU-'AN-HU, K.C.M.G., O.B.E., Sultan of the State of PERAK, of the other part, for Themselves and Their Successors:
WHEREAS by the Federation of Malaya Agreement, 1948, provision was made for the establishment of a Federation of Malaya comprising the Malay States of Johore, Pahang, Negri Sembilan, Selangor, Kedah, Perlis, Kelantan, Trengganu and Perak, and the Settlements of Penang and Malacca:
AND WHEREAS the Federation of Malaya Agreement, 1948, has the force of law in the territories of the said Federation:
AND WHEREAS there now subsist between Her Majesty and each of Their Highnesses the Rulers of the said Malay States (in the case of Negri Sembilan between Her Majesty and His Highness the Yang di-Pertuan Besar and the Ruling Chiefs) divers Agreements relating to the government of the several States of Their Highnesses:
AND WHEREAS it has been represented to Her Majesty and Their Highnesses and the Ruling Chiefs of Negri Sembilan that fresh arrangements should be made for the peace, order and good government of the territories within the said Federation; and Her Majesty and Their Highnesses and the said Ruling Chiefs have agreed that the said Federation should become an independent country within the Commonwealth with the Constitution hereinafter provided for:
AND WHEREAS by the Federation of Malaya Independence Act, 1957, the approval of the Parliament of the United Kingdom was given to the conclusion of such Agreement as is herein contained:
NOW, THEREFORE, it is agreed and declared as follows:
Citation.
1. This Agreement may be cited as the Federation of Malaya Agreement, 1957.
Construction.
2. In this Agreement, unless the context otherwise requires—
"the existing Federation" means the Federation of Malaya established by the Federation of Malaya Agreement, 1948;
"Federal Ordinance" means an Ordinance of the Legislature of the existing Federation;
"Their Highnesses the Rulers" means the persons who are for the time being the Sultan of the State and Territory of Johore, the Sultan of the State of Pahang, the Yang di-Pertuan Besar of the State of Negri Sembilan, the Sultan of the State of Selangor, the Sultan of the State of Kedah, the Raja of the State of Perlis, the Sultan of the State of Kelantan, the Sultan of the State of Trengganu, and the Sultan of the State of Perak;
"the Malay States" means the States of Johore, Pahang, Negri Sembilan, Selangor, Kedah, Perlis, Kelantan, Trengganu and Perak, and all dependencies, islands and places which, immediately before the thirty-first day of August, nineteen hundred and fifty-seven, are administered as part thereof, and the territorial waters adjacent thereto;
"the Settlement of Penang" and "the Settlement of Malacca" include all islands and places which, immediately before the thirty-first day of August, nineteen hundred and fifty-seven, are administered as part of those Settlements, and the territorial waters adjacent thereto;
"the Settlements" means the Settlement of Penang and the Settlement of Malacca.
Establishment of new Federation: Federal Constitution.
3. As from the thirty-first day of August, nineteen hundred and fifty-seven, the Malay States and the Settlements shall be formed into a new Federation of States by the name of Persekutuan Tanah Melayu, or in English, the Federation of Malaya, under the Federal Constitution set out in the First Schedule to this Agreement; and thereupon the said Settlements shall cease to form part of Her Majesty's dominions and Her Majesty shall cease to exercise any sovereignty over them, and all power and jurisdiction of Her Majesty or of the Parliament of the United Kingdom in or in respect of the Settlements or the Malay States or the Federation as a whole shall come to an end.
Constitutions of Penang and Malacca.
4. The Constitutions set out in the Second and Third Schedules to this Agreement shall be the Constitutions of Penang and Malacca respectively as...
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