CO129-591-12 Military Administration- Civil affairs- directives to force commander and senior officials 24-2-1945 - 13-9-1945 — Page 147

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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3 mga 53115/7/45

C.C.A.C. (L)P(451)

APPENDIX A.

STATEMENT OF THE CIVIL AFFAIRS POLICY OF HIS

MAJESTY'S GOVERNMENT FOR BRITISH BORNEO.

24-2-45 183

Paragraph 6 of the charter of the Combined Civil Affairs Committee lays it down that the formulation of policies for the handling of civil affairs in territories previously under the authority of one or other of the Governments represented on the Committee, shall be entrusted to that Government. The United Kingdom Government have accordingly formulated a policy for the handling of civil affairs in British Borneo, the main features of which are contained in the following paragraphs.

1.

Frior to the Japanese invasion, the territories of Borneo having a special British connection consisted of the States of Sarawak, North Borneo and Brunei, and the Colonial territory of Labuan. Sarawak was governed by a white Rajah, Sir Charles Vyner Brooke, and the administrative service of the country was recruited through the Sarawak Government Agent in London. Sarawak was a free and independent State in whose internal affairs H.M. Government did not interfere, but the State enjoyed British protection, and H.M. Government was responsible for the conduct of its foreign relations. The internal and international status of North Borneo was the same as that of Sarawak. The territory was governed by a chartered company incorporated in London (the British North Borneo (Chartered) Company), which was responsible for the recruitment and conduct of the administration. Brunei was nominally governed as an independent State by its Malay Sultan, but he was assisted by a British Resident, who was always a member of the Malayan Civil Service. Labuan, a small island off the coast of North Borneo, was administered as part of the Colony of the Straits Settlements, under the authority of the Governor of the Colony at Singapore.

2.

For the purposes of military administration, these territories of North Borneo, Sarawak, Brunei and Labuan should be treated as a single territory to be known as British Borneo. The future relations of these territories with each other and the United Kingdom will be the responsibility of H.M. Government in the United Kingdom.

3.

Those portions of British Borneo occupied by Allied Forces should be brought under military administration. To this end, such powers should be assumed by proclamation as are necessary for the administration of the liberated territories. The powers and jurisdiction of all existing courts and tribunals should be suspended and in their place military courts shold be set up which will derive their authority from proclamations and (pending the reinstatement of indigenous courts) deal with all offences committed by the civil population. Such courts should administer the indigenous laws modified or supplemented by proclamation as may be necessary for the security of the liberating forces and the maintenance of order.

4.

Until it becomes possible, having regard to such military requirements, in the whole, or in part, of British Borneo, for civil administration to be re-established, civil affairs should be under a military administration deriving its authority from the Commander-in- Chief, South-West Pacific Area.

Recommendations should be made when conditions enable civil administration to be transferred to the civil authorities.

5.

In order to assist the Commander-in-Chief South-West Pacific Area (or the military commander designated by him) to carry out the militery administration in accordance with the policy of His Majesty's Government, a Chief Civil Affairs Officer, British Borneo, with a nucleus staff of British officers, has been made available and plans have been made for additions to the staff as may be required. These civil affairs officers, so far as possible, have been drawn from the officials of the Governments of North Borneo, Sarawak and other Briti Colonies and from other personnel who know the bountry a

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