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FOBLIC PECORD OFFICE

I, I, Ix. I. Iz l.

Reference -

mimi C.O.882/12

PUBLIC RECORD OFFICE. LONDON

ALLY WITHOUT PERMISSION OF THE RF REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Historical.

The marked distinction between the manner in which the advisory system has developed in the States now comprised in the Federated Malay States, and in those which constitute the Unfederated Malay States, is the result of conditions prevailing when the different States first came under British protection; and not of any real dis- tinotion in the form of the Treaties under which British protection was originally accepted..

The present Federated States, when they first accepted protection (period 1875- 1885) were in a very primitive state of civilization. There was no organized adminis- tration, no systematic collection of revenue, and the various faction disputes and open warfare between clans of Chinese tin-miners had produced a state of anarchy.

There was no nucleus of trained or educated Malay officers, and no outline of a Malay administration which might have been developed.

The result was almost inevitable: the advisory position of the British Resident was lost sight of and a highly efficient, but complicated, costly, and Europeanized system of administration grew up.

In Kedah the advisory system only dates from the Anglo-Siamese Treaty of 1909, and final agreement as to the nature of the relations thus established was only reached in the Treaty of 1923.

The result was that when the advisory system was introduced into the State of Kedah there was already an established system of administration with reasonably well-trained Malay officials, which was capable of development along natural lines.

From the start the Kedah Government faced and settled the difficulties of the advisory system.

Sir George Maxwell, the first British Adviser appointed, met at first with marked opposition, when he was considered to have exceeded the legitimate powers of control of an officer appointed in an advisory capacity.

These difficulties, after a short period of opposition which involved references to the Governor, were solved; and the very great services which Sir George Maxwell rendered to Kedah in the earlier stages of its development were fully recognized. His Highness Tunku Mahmud, brother of the Sultan and a very fine Malay of the old type, when speaking to me referred to Sir George Maxwell as my old enemy and my old friend.

Since then the system has worked so satisfactorily and with such general accept- ance that an analysis of the methods adopted may be of interest.

The State Council.

All legislative and executive powers are concentrated in the State Council. The State Council is composed of His Highness the Regent, the British Adviser, and three other Malay members who are usually all members of the Ruling House.

The Council meets not less than once a week.

Papers on formal question or matters of minor importance are circulated for written opinions, and confirmed at the next meeting.

Business is transacted promptly with little formality, elaborate speeches are avoided, decisions are generally unanimous.

In any cases in which there is a possibility of His Highness the Regent and the British Adviser disagreeing, the ground has been prepared by discussion before the meeting. If an unexpected failure to agree arises at the meeting, the question is postponed and a basis of agreement is sought before the next meeting.

After Council the British Adviser often brings up informally any questions on which he desires to convey information to the other members of the Council, or to ascertain their views on matters which are likely to arise in the future.

The meetings are marked by good feeling and the desire in cases of difficulty to seek a reasonable solution.

During the last few years in no case has it been found necessary to give advice which must be accepted under the Treaty, to override the views of the members of the State Council.

Legislation.

Enactments are drafted by the Legal Adviser at the request of the Secretary to Government after consulting the British Adviser. The draft is then examined in detail by the British Adviser and goes to Council; the British Adviser shortly explains the objects and reasons and the draft is then referred to the Enactments Committee, composed of the Secretary to Government, the Legal Adviser, and the Chief Malay

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Judge. After amendment the draft Enactment goes back to Council and is generally passed without further discussion.

The conduct of business is thus very simple and expeditious.

Legislation generally follows Straits Settlements and Federated Malay States precedents, but not slavishly so.

The main codes, penal code, criminal and civil procedure, and evidence enact- ment, follow the Federated Malay States codes with considerable simplifications.

The new land code, though based on the Federated Malay States code, is, I consider, an advance on any other land code in Malaya.

Criticisms which may be advanced against the composition and procedure of the State Council.

(a) It is not democratic. The democratic principle is observed in the whole local structure of Malay life in village organization under local headmen, Penghulus, and Penglimas.

"

In the observances of the Mohammedan religion with the locally selected Mosque officials, "Pegawei Musfid,' and in the co-operative system of rice cultivation,

berdraoh."

The State Council respects local custom and public opinion. The position of the Sultan is willingly accepted by his people, and from the Malay side there is no sense of political grievance and no demand for a more democratic form of Government. (b) The State Council is not representative of other than the Malay population of the State. That is so, and any modification would be strongly opposed and resented. The European planting and commercial elements are represented on the local Sanitary Boards and on the Licensing Boards and the Hospital Health Boards.

The views of the Chairman of the Planters' Association are often asked for and carefully considered.

From a fairly intimate knowledge of the European unofficial community, I can confidently say that the system leads to no real difficulty, and that in practice, any questions which arise affecting European commercial interests are settled simply and promptly.

The Chinese are not represented, except on the local Sanitary Boards. There is no doubt that there is a strong, and I consider legitimate, feeling against any further Chinese penetration into this State.

The Chinese are virile and prolific, with an astounding capacity for hard work. They cannot be assimilated by the Malay population, and it is realized that in the greater portion of Malaya the Chinese influx has been destructive of Malay life, and that, if it is not checked, the Malays have no chance of survival in their own country. In Kedah all legitimate measures are used to check the Chinese influx, and the recent measures for the control of Chinese immigration introduced by the Straits Settle- ments have been agreed to with enthusiasm.

(c) The State Council consists too exclusively of members of the Ruling House. That is a legitimate criticism.

The Ruling House agrees with the late Lord Halsbury that it is natural to prefer one's own relatives. The system has obvious advantages as far as the Ruling House is concerned, and in practice it does not do much harm.

The Judicial Administration.

Justice is administered in the lower Courts by the magistrates, district officers, and assistant district officers who are all Malays; and in the high Court by two Malay judges and one European judge.

There is an ultimate appeal to a Court consisting of three European judges from the Straits Settlements and Federated Malay States bench who visit Kedah twice a year. Appeals are rare. There are no arrears of Court work and legal costs are low, as no advocates or solicitors are allowed except in the Appeal Court, and then only with the approval of the State Council on the recommendation of the judge.

The system works excellently. The Malay magistrates and Malay judges make up by common sense and local knowledge for their limited knowledge of the refine- ments of the law; there is no suggestion of corruption.

The British Adviser.

The British Adviser has a definite position under the Treaty, and his advice must be sought and followed in all matters except local custom and the Mohammedan religion.