u undang

Constitutional Proposals for the Federation of Malaya
Presented by the Secretary of State to Parliament by Command of Her Majesty June 1957 (Page 18-19)
Fundamental Rights
Constitutional guarantees
53. It has been agreed that the Federal Constitution should define and guarantee certain fundamental rights, and it is proposed to accept the principles recommended by the Commission for inclusion in Part II of the Federal Constitution although there have been some changes in drafting. The Article proposed by the Commission on the subject of the enforcement of the rule of law was, however, found unsatisfactory and has been omitted on the ground that it is impracticable to provide within the limits of the Constitution for all possible contingencies. It is considered that sufficient remedies can best be provided by the rdinary law.

Special position of the Malays
54. The Commission's recommendations on the subject of the special position of the Malays were included in two Articles, one dealing with the reservation of quotas in respect of entry into certain categories of appointments in the public services, permits, etc., and the other dealing with reservations of land for Malays. So far as the former is concerned, the Article has been redrafted to provide that the Yang di-Pertuan Agong should have the responsibility of safeguarding the special position of the Malays and the legitimate interests of other communities, and that in discharging this responsibility he should act on the advice of the Cabinet. He will be required to exercise his functions under the Constitution and federal law in such a manner as may be necessary to safeguard the special position of the Malays and to ensure the reservation for Malays of such quotas as he may deem reasonable, and he will be entitled to give general directions to the appropriate authorities for the purpose of ensuring the reservation of these quotas. In the exercise of these functions, the Yang di-Pertuan Agong will be required to safeguard also the legitimate interests of other communities. It is proposed to include corresponding provisions, with the necessary modifications, in the Constitutions of the Malays States.

55. The Commission recommended that their proposals for continuing the present preferences should be reviewed after 15 years. This recommendation was given careful consideration but it was not considered necessary to include such a provision in the Constitution. It was considered preferable that, in the interest of the country as a whole as well as of the Malays themselves, the Yang di-Pertuan Agong should cause a review of the revised proposals to be made from time to time.