469
FITBLIC
PECORD OFFICE
Reference -
།།། །། bawimmhim C.O.882/12
PUBLIC RECORD OFFICE, LONDON}
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOLOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
13.
Railways.
It has been decided to vest the property of the Railway, movable and immovable, in a Board, to be incorporated by Statute, which will undertake the whole manage- ment of the Railway. This will be a subject for the Central Government to deal with. The powers exercised by the Board of Trade in England for the protection of the public will be vested in the High Commissioner.
Stamps.
A Federal stamp law is a matter of economic convenience, and the absence of such a law was for years a standing complaint of Unofficial members of the Federal Council. Not only are documents often used in more than one State, but they may have to be stamped before it is clear in what State they will be required. Moreover, the interpretation of the law differed from State to State, and similar documents might be treated as conveyances here and simple agreements there.
Trade and Commerce.
This is a very wide subject and it may be necessary to particularize more definitely what are matters for the Central Government. The laws regulating the incorporation of Companies and their procedure should obviously be Federal, since Companies cannot be expected to incorporate themselves in every little State. Also such matters as Inventions, Copyright and Merchandise Marks should be regulated by a uniform legis- lation. Laws relating to particular trades, however, e.g., the Petroleum Enactment or the Second-hand Dealers Enactment, seem to be more a matter for individual States. Bankruptcy is a matter in which a Federal law and Federal administration are desirable if this can be combined with State Courts. It is also a matter for which some States are not yet ready, but this can be met by excluding them from the operation of the law.
Weights and Measures.
This is a matter of common interest and as such should clearly be Federal. The. present law is the Weights and Measures Enactment, 1921.
These suggestions are summarized in tabular form below.
No. of laws.
Subject.
to be passed.
Aerial Navigation
...
1
Aliens
3
Appeal Court
1
... 2 or 3
Census and Statistics
Coinage and Legal Tender
Customs
Defence
Estate Duty
European Officer
Excise
Immigration
International Obligations
Labour
Lepers and Lunatics
Finance)
Marriage and Divorce
Posts and Telegraphs
Loans and External Debt (and
Printing Presses
Private Incorporations
Quarantine
Railways
3
Federal Staff
required.
Perhaps one Registrar. None.
Judges and Registrar (part-time only). Whole-time Statistical Officer. Temporary Census Officers. None.
Full Departmental Staff.
One Collector.
Federal Secretariat.
Combined with Customs
Staff.
Full Departmental Staff.
1
7
1
3
None.
6
None.
3
2
Staff of Institutions.
Federal Treasury. None.
Full Departmental Staff.
None.
None.
None.
B2420L1ud
None. Run by Railway
Board.
Subject. Stamps
Trade and Commerce
Weights and Measures
C. 82395/31 [No. 2].
19
No. of laws. to be passed.
1
8
1
Federal Staff
required.
One Commissioner- probably Federal Treasurer. Registrar of Companies, Official Assignee, &c. One Custodian, probably •
Customs Officer.
Total
69
No. 3.
NOTE OF A CONFERENCE AT THE COLONIAL OFFICE ON 16TH MARCH, 1931, CONCERNING A PROPOSED NEW CONSTITUTION FOR MALAYA.
Present:
SIR GILBERT GRINDLE, K.C.M.G., C.B.
SIR CECIL CLEMENTI, K.C.M.G.
MR. W. D. ELLIS, C.M.G.
MR. H. G. BUSHE, C.M.G. MR. H. H. DUNCAN.
MR. J. M. MARTIN.
SIR CECIL CLEMENTI said that, difficult as might be the task of drawing up a new Constitution for Malaya, the difficulties of not doing anything were even greater. The Rulers were not an anachronism: they were a buffer between us and political develop- ments such as have taken place in Ceylon, a buffer also (as Sir Gilbert Grindle suggested) between Government and the Chinese.
He explained that while Mr. Gibson's memorandum* represented his (Sir Cecil's) views in general, they did not necessarily represent them in every detail.
MR. BUSHE suggested that before Mr. Gibson's detailed proposals were examined there was a preliminary point to consider. It was very difficult to have a true Federation, with a sound legal basis, unless there was a central authority with jurisdiction throughout the whole area of the territories concerned enabling it to "the new Constitution
pass and endow the Federal Government with the necessary powers. He suggested that the Rulers should surrender to the King such jurisdiction as would be necessary for him to pass the constitution by Order in Council under the Foreign Jurisdiction Act. The agreement between the Rulers could be in such a form that Rulers of States not imme- diately joining the Federation could accede to it later, and by surrendering jurisdiction have an Order in Council adding such States to the Federation.
SIR CECIL CLEMENTI said that the documents should be drafted in such a way as not to exclude the Straits Settlements from joining the Federation at some future date. MR. BUSHE thought there need be no difficulty about that, and that the Straits could be included later by agreement.
Three documents would be required for the Malay States :-`
(a) An Agreement signed by the Rulers, to which would be scheduled the
agreed Constitution.
(b) A Treaty between the Rulers and His Majesty, in which the new Constitu-
tion was scheduled and the Rulers asked His Majesty to give it the effect of law. The Treaty would also cancel and supersede the existing treaties.
(e) An Order in Council under the Foreign Jurisdiction Act giving the new Con-
stitution the force of law.
When the Straits Settlements came in, there would be required:
(a) An Agreement between the new Federation and His Majesty (as Sovereign
in the Straits Settlements), and
(b) an Order in Council.
* No. 2.
I
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