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PECOR D

זן ון דף

OFFICE

Reference -

C.O.882/12

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

(COPYRIGHT PHOTOGRAPH—NOT TO,

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which from an administrative point of view are so small as to be unable to undertake for themselves all the normal functions of a State. For example, the care of lunatics is primarily a matter for each State and not for the Central Government, and in a Federation like America or Australia each State supports its own institutions for the care of lunatics. But it would be hopelessly uneconomical for each of our microscopic States to maintain a modern mental hospital. Lunacy, therefore, is better treated as a subject transferred to the Central Government which can maintain the two or three mental hospitals which the country requires, and the same considerations apply to leprosy In addition to Mr. Dicey's criterion of common interest we have, therefore, to take into account the principle of economic convenience. This cannot, of course, be carried to its full logical conclusion which would result in transferring most of the State Government's activities to the Central Government (for example, one central Public Works Department would be more economical and more efficient than a number of separate State Departments), and there is no point at which a line can be drawn on any rational grounds. We can only say that in extreme cases economic convenience is to be recognized as a ground for the transfer of a subject to the Central Government, and that every subject must be considered from this point of view as well as from that of common interest.

The distinction between Federal laws regulating matters transferred to the Central Government, and laws common to the States must not be overlooked. It is obscured by our present form of Constitution under which the Federal Council enacts not only true Federal laws, such as the Customs or Post Office Enactments, but also laws dealing with purely State matters, e.g., the Land Code or the Sanitary Board Enactment, where these are enacted in identical terms for each State. Under the proposed Constitution the competence of the Federal Council to legislate will be confined to the subjects transferred to the Central Government. The justification for transferring a subject must be common interest, economic convenience, or political advisability and not legislative convenience, however cumbersome a number of different State Statute books may become.

Aerial Navigation.

This is clearly a matter of common interest since aeroplanes do not recognize State boundaries. A Federal law will be required on the model of the present Air Navigation Enactment of 1929, laying down the general conditions for flying and dividing the powers vested by that Enactment in the Chief Secretary between the High Commissioner and the State Governments. The latter authority will prescribe and licence aerodromes and exercise such other powers as are of a purely local nature, e.g., the prevention of false or misleading lights, and the former will exercise all

powers

that are not of a local nature.

Aliens.

This is another matter of common interest. There are at present three Enact- ments dealing especially with aliens, the supervision of Alien Missionaries Enactment of 1917, the Registration of Aliens Enactment, 1917. and the Aliens Restriction Enact- utent, 1922. It seems doubtful whether the last two are required nowadays, but if they are needed, they should be Federal laws applying throughout the territory.

Appeal Court.

The Sultan is the fount of justice within his dominions, and it seems advisable that the Judge, who is his deputy, should be appointed directly by him. The delega- tion of this power to the Resident-General by the Courts Enactments, 1905, was an unnecessary encroachment on the prestige of the Sultans. It is suggested, therefore, that the Ruler of each State should appoint a Judge for his State, but that the Judge of any State should, if he has the necessary technical qualifications, be an ex-officio Judge of every other State. This will enable Judges to be stationed where they are most required, whether within or without the dominions of the Ruler whose commis- sion they hold.

As an Appeal Court it is proposed to constitute, by a Federal law on the lines of SS. 10-45 of the Courts Enactment, 1918, a Court consisting of all technically qualified State judges. If Johore and Kedah come in there will be a bench of six to start with, One but if this is considered insufficient the Colony judges could be included as now. State judge would be appointed President of the Court of Appeal, and could be given an additional salary as such. The Court would be appellate only and would not exercise original jurisdiction.

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Census and Statistics.

While a State may also require power to deal with these matters within its own borders the Central Government must clearly be empowered to collect information regarding the whole territory. The relevant laws are the Census Enactment, which has just been re-enacted, and the Bureau of Statistics Enactment, 1919. It will have to be decided whether Registration of Births and Deaths is to be Federal or State.

Coinage and Legal Tender.

This is a matter of common interest. The laws regulating coinage are the Coin Import and Export Enactments, 1903, the Counterfeit Coin Enactment, 1912, and the various Legal Tender Enactments.

Customs.

Another matter of common interest but in this case something more than a Federal law is required. In the interests of efficiency there should be one Customs service administered by a Federal officer responsible to the High Commissioner and to him only. State Customs Départments with an identical tariff would be dangerous and the matter is too important to run the risk. The failure of the Johore Customs Depart- ment to check smuggling during the time of rubber restriction shows that the Govern- ment of a Malay State, officered by Malays, cannot yet be trusted with the administra- tion of a Department of this particular nature.

As the State Government will be excluded from the administration of the Customs service the powers conferred on the Chief Secretary by the present Customs Enactment, 1923, will be divided in this instance between the High Commissioner and the head of the Federal Department, the latter dealing with administrative details and the former with general questions such as import and export prohibitions, rates of duty and the like.

Defence.

While this is a matter of common interest it is not a matter in respect of which any legislation exists. The Indian battalion stationed at Taiping is maintained under the Treaty of Federation, 1895, and being an Indian regiment is subject to the Indian Army Act. In time of war it has to be sent to Singapore and is not available for the defence of the Malay States as such. Volunteer corps seem to be a matter for individual States and not of common interest.

Estate Duty.

کمر

This is not a matter of common interest but a case where economic considerations require the transfer of the matter to Federal administration. Property in different States, and this will generally be the case, can be better discovered and taxed by one whole-time officer than by a number of officers who have other work to do as well and who are not especially interested in the matter, and the investigations made at the time of the institution of a whole-time Collector showed how slack and unsatisfactory the State collections had been. The work is such as to require an expert and no single State can afford to maintain one.

European Officers.

It is suggested that all European officers should be recruited by and employed by the Central Government, either directly or on deputation to a State Government. The State Governments would undertake to pay such salaries and allowances as the Federal Government fixed for each appointment and to accept the seconded officers. This is an attempt to preserve the unity of the service which would be lost if every State maintained its own service. Separate State services would also be too small to attract or retain good men. The Central Government would have the right to transfer any officer by seconding him to another State, and the States, though they might be consulted and their wishes met as far as possible, would have no right to object.

It would be necessary in this event to enact, as Federal laws. those Enactments which concern public officers, e.g., Pensions, Widows' and Orphans' Pension Fund, Public Officers' Guarantee Fund, Public Authorities Protection, and the like, though each State will require similar legislation in respect of its own officers. The separation of European and Asiatic pensions is for other reasons a most desirable object.

There may be some difficulty over the position of the General Clerical Service and technical subordinates. At present members of these services in the Federated States are liable to serve in any State while in the Unfederated States they serve only in the

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