Undang-undang di Malaysia adalah hasil pergabungan di antara akal, adat dan ugama. Adat adalah merupakan kanun yang tidak bertulis yang dijadikan pegangan hidup oleh orang-orang Melayu sejak dari dahulu lagi. Untuk dijadikan pegangan rasmi, maka adat diterjemahkan kepada undang-undang bertulis, dan digabungkan dengan akal dan syarak sepertimana yang terdapat dalam undang-undang terdahuu seperti Undang-Undang 99 Negeri Perak dan Undang-Undang Darat/Laut negeri Melaka yang berlandaskan adat dan syariah.
Maka, undang-undang syariah di Tanah Melayu ini telah wujud sebelum pihak Inggeris memperkenalkan undang-undang sivil untuk digunapakai pihak pentadbir selain hal ehwal adat istiadat Melayu dan agama Islam.
Semalam, kita dikejutan sekali lagi oleh bekas tahanan ISA Kassim Ahmad yang berkata kerajaan tidak sepatutnya campur tangan dalam hal ehwal agama.
Kassim pernah ditahan oleh pihak Jabatan Agama Islam Wilayah Persekutuan (JAWI) atas dakwaan menghina Islam dan mengingkari pihak berkuasa agama pada tahun 2015 dalam satu seminar bertajuk “Seminar Pemikiran Kassim Ahmad: Satu Penilaian” yang turut dihadiri oleh U-Turn Mahathir.
Kassim pernah ditahan di bawah Akta Keselamatan Dalam Negeri (ISA) pada November 1976 kerana berfahaman sosialis komunis. Fahaman ini didokongi beliau sejak zaman universiti lagi apabila menganggotai Kelab Sosialis Universiti semasa menuntut di Universiti Malaya Singapura.
Pada 23 Mac 1979, P Patto dari parti DAP telah menyoal Allahyarham (Tan Sri ketika itu) Ghazali Shafie selaku Menteri Dalam Negeri mengenai tahanan Kassim. Ghazali berkata adalah masih perlu bagi penahanan Kassim di bawah ISA diteruskan.
Namun, dua minggu setelah menjawat jawatan Perdana Menteri, U-Turn Mahathir merupakan orang yang menandatangani arahan pada 30 Julai 1981 supaya Kassim Ahmad dibebaskan.
Kassim adalah pelopor anti-Hadith yang sering menggunakan alasan bahawa hadith telah ditulis sekitar 200 tahun selepas kewafatan Nabi Muhammad SAW. Fahaman beliau ini berlandaskan penulisan Dr Rashad Khalifa dari Mesir dalam sebuah buku bertajuk “The Computer Speaks: God’s Message to the World.”
Buku ini memberikan bukti-bukti secara saintifik bahawa Al-Quran tidak memerlukan sokongan Hadith kerana telah cukup memadai untuk dijadikan rujukan pedoman umat Islam.
Rashad Khalifa adalah pengasas United Submitters International, sebuah gerakan Qur’aniyun yang menolak hadith. Rashad juga mendakwa diri beliau sebagai seorang nabi dan mendakwa juga telah diberitahu oleh Jibril bahawa Ayat 3 Surah Yasin adalah merujuk kepada beliau (Rashad).
Fahaman Rashad juga tidak jauh dari seorang lagi “Sarjana Islam” dari Hungary iaitu Ignác Goldziher. Goldziher, atau nama sebenarnya Yitzhak Goldziher adalah seorang Sarjana dari budapest berbangsa Yahudi.
Goldziher pernah menulis kajian beliau bertajuk Muhammedanische Studien pada tahun 1890 yang mendakwa hadith adalah rekaan manusia 200 tahun setelah kewafatan Nabi Muhammad SAW. Dakwaan Goldziher ini disangkal oleh Patricia Crone pada tahun 2002 dalam buku beliau bertajuk Roman, Provincial and Islamic Law terbitan Cambridge University Press.
Berdasarkan ajaran Rashad, Kassim telah menolak Hadith sebagai bida’ah yang direka manusia setelah kewafatan Nabi Muhammad SAW dan punca perpecahan umat Islam. Maka hadith adalah ajaran sesat yang diada-adakan oleh manusia.
Sedangkan pakar hadith dari Universiti King Saud, Muhammad Mustafa Al-A’zami, membuktikan bahwa penulisan hadith sudah dimulai sejak Nabi Muhammad SAW masih hidup.
Sahabat-sahabat Nabi yang telah menulis hadith termasuk Umul Mu’minin Aisyah, Abdullah bin Abbas, Jabir bin Abdullah, Abdullah bin Amr bin Al-Asy, Umar bin Khattab dan Ali bin Abi Thalib.
Dan orang seperti Kassim ini boleh diberi gelaran “Sarjana Islam” oleh portal Malaysian Insight dalam artikel yang menghina agama Islam dan mempersoalkan kedudukan Islam sebagai Agama Persekutuan Malaysia.
Orang yang sesat lagi menyesatkan inilah juga yang disokong rakan seperjuangan beliau.
Tidaklah menghairankan kerana U-Turn Mahathir juga pernah menyokong buku tulisan Kassim bertajuk “Hadis: Satu Penilaian Semula” yang pernah diharamkan oleh Majlis Fatwa pada tahun 1986.
Kassim juga setakat gagalkan mengemukakan bukti bahawa perpecahan umat Islam adalah akibat Hadith dan bukan politik. Beliau yang gemar menggunakan ayat-ayat Al-Quran tertentu bagi menguatkan hujah beliau telah dengan sengaja tidak mengutarakan sekali Firman Allah SWT dalam surah An-Nahl ayat 64 iaitu:
“Dan Kami tidak menurunkan kepadamu (wahai Muhammad) Al-Kitab (Al Quran) ini, melainkan agar kamu dapat menjelaskan kepada mereka apa yang mereka perselisihkan itu dan menjadi petunjuk dan rahmat bagi kaum yang beriman.”
Adakah golongan Qur’aniyun ini akan menidakkan Firman Allah SWT seperti di atas?
“… there is no doubt about the wishes of a sizeable majority of the peoples of these territories to join the Federation of Malaysia.” (UN Secretary-General U Thant, 13th September 1963]
After World War 2, the British was economically and financially strained to maintain its colonies especially those east of Suez. It would be a matter of time before Britain would have to give up all of its colonies abroad, save for some of the smaller ones. The Cobbold Commission’s report agreed unanimously that a decision in principle should be taken by governments as soon as possible; that the new state should be called Malaysia; that the constitution of the Federation of Malaya should be adapted for Malaysia, instead of drafting a completely new one; that there should be no right to secede from Malaysia after merger.
Although the Tunku had asked the Malayan Commissioners to sign the report, he was still apprehensive about what “Malaysia” would do to his political position, and what kind of repercussions “Malaysia” would have on Malaya’s relationship with Indonesia and the Philippines.
The Malaysia Agreement was signed on the 9th July 1963. Although not sovereign nor self-governing, the leaders of both North Borneo and Sarawak were invited to sign it. Annexed to the Agreement were a number of Constitutional instruments that included admission to the federation of the three former British dependencies; state constitutions for Sabah (as North Borneo would be called), Sarawak and Singapore; a scheme to compensate officers retiring from government service in North Borneo and Sarawak.
A separate legislation ending British jurisdiction in North Borneo, Sarawak and Singapore was enacted at Westminster. It did not provide for the separate independence of the three territories but transferred sovereignty to the new Federation of Malaysia (Commonwealth Relations Office and Commonwealth Office Briefs for Malaysia Bill, 1963 – Dominions Office DO 169/329). Therefore the self-rule given by the British to Sarawak on the 22nd July 1963 and the declaration of independence by Sabah on the 31st July 1963 were not a recognition of the independence of either Sarawak or Sabah, but an independence of the states in adherence to Malaysia (Ghazali Shafie’s Memoir on the Formation of Malaysia, p438). For all intents and purposes, both North Borneo and Sarawak remained as Colonies of Great Britain until the coming into operation of Malaysia.
If the appointment of a Chief Minister is to be taken as the point when independence had been achieved, Malaya would have been independent in July of 1955!
The late President Wee Kim Wee of Singapore, then a young Straits Times reporter, covered Sabah’s Merdeka Day and filed a report that, from all the obvious evidence, it was a declaration of independence within Malaysia.
Malaysia Day was supposed to have happened on the 31st August 1963. However, several last minute events forced Malaysia Day to be postponed.
1) a last-minute interference by British officials prevailing upon Iban leaders to demand for the post of Sarawak Governor whilst also keeping the post of Chief Minister, thus reneging on an earlier understanding that for the first two years, the post of either the Chief Minister or Governor should go to a Malay if the other was given to an Iban. The Tunku was livid and decided that Malaysia would happen without Sarawak. All the cabinet ministers of Malaya except Tun Razak agreed with the Tunku. Through Ghazali Shafie, Razak negotiated with the leaders of Sarawak and in the end Abang Haji Openg was the Governor designate, Stephen Kalong Ningkan as the Chief Minister, and Temenggung Jugah as a Federal Minister in-charge of Sarawak Affairs. Had it not been for Razak’s persistence, the Tunku would have had things go his way and Sarawak would not have been in Malaysia.
2) the protest by both the Philippines and Indonesia at the United Nations against the formation of Malaysia. They requested that the UN secretary-general, or his representative, should ‘ascertain’ the extent of support in the Borneo territories for Malaysia, that observers from all three governments should accompany the UN mission, and that the formation of Malaysia should be postponed until the completion of the UN report.
Led by Lawrence Michelmore (the American deputy director of the UN Office of Personnel) the mission consisted of Argentinian, Brazilian, Ceylonese, Czech, Ghanaian, Pakistani, Japanese, and Jordanian members of the UN Secretariat. It was accompanied by observers from Indonesia and the Philippines—an arrangement which the British government grudgingly accepted. From 24th August to 4th September they held public hearings in widespread locations and reconvened in Kuching on 5th September, past the 31st August 1963 deadline. This forced Malaya to change the date for Malaysia Day to 16th September 1963.
The UN report, which was published on the 14th September, was generally favourable to Malaysia. In his assessment of the mission’s findings, U Thant was in no doubt that ‘a sizeable majority of the peoples’ wished to join Malaysia, although he also rebuked the Malayans for fixing a new Malaysia Day before the mission had completed its work. Even before the survey was finished, however, Indonesia and the Philippines were attempting to discredit it and, on its publication, they rejected the report and refused to be bound by its findings.
3) was of the PAS Government in Kelantan wanting the Malaysia Agreement and Malaysia Act to be declared ‘void and inoperative.’ Kelantan argued that the Act would abolish the Federation of Malaya, thereby violating the Federation of Malaya Agreement of 1957; that the proposed changes needed the consent of each state of Malaya and that this had not been obtained; that the Sultan of Kelantan should have been a party to the Malaysia Agreement in the same way as the Malay rulers had been signatories of the Malaya Agreement of 1957; that constitutional convention called for consultation with the rulers of individual Malay states regarding subsequent changes to the constitution; and that the federal parliament had no power to legislate for Kelantan in this matter.
On the 14th September 1963 the Chief Justice ruled that both the Malaysia Agreement and the Malaysia Act were constitutional (Tan Sri Mohamed Suffian bin Hashim, An introduction to the constitution of Malaysia (Kuala Lumpur, 1972) pp 13–14).
By 16th September 1963, we are all Malaysians.
Looking back, I remember an article quoting Tan Sri Abdul Ghani Gilong relating his experience visiting Kuala Lumpur on the invitation of the Tunku, he said:
“Kami naik kenderaan yang dipandu. Bagi sesetengah anggota delegasi saya, itulah kali pertama mereka menikmati air paip dan tandas berpam.”
“Kami dibawa ke beberapa tempat dan kampung yang sudah mendapat pembangunan seperti jalanraya dan sebagainya. Saya sendiri apabila balik ke Sabah telah berkempen menyokong penubuhan Persekutuan Malaysia dengan memberitahu kawan-kawan mengenai pembangunan yang ada di Malaya ketika itu.
Katanya satu kejadian lucu ialah apabila ada anggota rombongannya tidur di lantai dalam bilik hotel mereka dan bukan di atas katil yang empuk.
“Apabila saya nampak, mereka memberitahu saya mereka ingatkan katil itu adalah untuk ‘tuan’, seolah-olah hanya orang kulit putih boleh tidur di atas katil dan anak tempatan tidur di atas lantai sahaja.”
“Saya beritahu mereka katil itu mereka punya untuk tidur di atasnya.”
(“We rode on a vehicle that came with a driver. For some members of my delegation, that’s the first time they enjoyed tap water (running water) and flushing toilets.”
“We were taken to several places and villages that have received development such as roads and so on. When I went back to Sabah I campaigned in support of the establishment of the Federation of Malaysia by telling my friends about the existing development in the then Malaya.
He said that one funny scene was when there were members of his entourage who slept on the floor in their hotel room and not on their comfortable.
“When I saw, they told me they thought it was a bed especially for the ‘master’, as if only the white people could sleep on the bed while the local people sleep on the floor.”
Such was how inferior the people of Sabah and Sarawak felt of themselves before Malaysia existed, and it was not that long ago.
I believe that there has been progress that has been made in both Sabah and Sarawak although there should be more. When I was working offshore, most of my drilling and marine crew are from Sabah and Sarawak, especially the Ibans. My last Chief Mate is a Kelabit from Bario, while one of our vessels’ Captain is a Kedayan from Limbang. In my opinion, both the Merdeka Day on the 31st August and Malaysia Day on the 16th September are equally important to us. Without the 31st August 1957 event, Malaysia would not have happened and I shudder to think what ill-fortune would have befallen the people of Sabah and Sarawak, especially with China, Indonesia and the Philippines staking a claim in both the states.
I also believe that the current Federal Government is doing all it can to fulfill the promises made back in 1963, an uhill task given that previous Prime Ministers, especially a particular former Prime Minister for 22 years, did not do much for the people of Sabah and Sarawak.
Let us concentrate on nation-building, and put aside state-nationalism as that brings about nothing beneficial to any of us. And let us not let hatred destroy us. Our forefathers who agreed to form Malaysia did so following the democratic system, and not through violent nor nonsensical demonstrations or coups.
And let us remember the famous words by the great Temenggung Jugah ak Barieng:
“Anang aja Malaysia tu baka Tebu, Manis di pun, tabar Di ujung”
(Let’s hope Malaysia does not end up like a sugarcane. Sweet at the beginning, bland at the end)
In Vietnam, Laos and Cambodia the communists were making advances while the number of American servicemen in Vietnam tripled the number sent in 1950. In Indonesia, the influence of the Partai Komunis Indonesia on President Sukarno was strong. In Singapore, all the political parties except Singapore UMNO accused the PAP of having carried out negotiations to be merged with Malaya without first consulting the people. This gave ammunition to the communists in Singapore and their sympathisers to attack both Lee Kuan Yew and the Tunku.
In British Borneo, the communists and their sympathisers tried to intimidate the natives thinking that it would work as it did in Singapore. Truth be told, it had quite the opposite effect. Lee Kuan Yew observed that as in Singapore, those anti-Malaysia in Sarawak were the Chinese communists, chauvinists and their sympathisers, while in North Borneo, they were Chinese businessmen and Chinese who were under the influence of individual British officials who were opposed to the Malaysia Concept, or ignorant of it. Kuan Yew noted that the direct links between the Chinese in Perlis throughout Malaya and Singapore to the British Borneo are the Chinese newspapers. Hence, Kuan Yew suggested to the Tunku for the Chinese chauvinists be separated from the Chinese communists and the two groups should be separated.
Members of the Cobbold Commission arrived in Kuching in the morning of the 20th February 1962. The members were:
Sir Cameron Fromanteel Cobbold, former Governor of the Bank of England, also Chairman of the Commission of Enquiry,
Sir Anthony Foster Abell, former British Governor of Sarawak and the High Commissioner to Brunei,
Sir David Watherston, the last British Chief Secretary of Malaya,
Wong Pow Nee, the Chief Minister of Penang, and,
Ghazali Shafie, Permanent Secretary to the Ministry of Foreign Affairs of Malaya.
They were first brought to the Astana, a house that was built in 1870 by the second White Rajah, Charles Anthoni Johnson Brooke as a wedding gift for his wife, Margaret Alice Lili de Windt. It had been occupied by the British Governor since 1946. Ghazali Shafie could not help but notice a Jawi inscription at the entrance of the Astana left by one of the Brookes “BERHARAP LAGI BERNAFAS, (Have Hope While There Is Still Breath)” perhaps an apt motivation for the colonial officials who did not want Sarawak to be part of the Federation of Malaysia.
The Brookes had built the Astana on the northern bank of the Sarawak river because it was where the Malays were. The Brookes depended on the Malays for safety and security, the Chinese for prosperity and trading, while the natives were not entirely trusted. The same compartmentalisation was practised in Sarawak by the colonial officials after taking over the state from the Brookes in 1946.
The first groups of interviewees were interviewed in Kuching on the 21st February 1962. The first group amongst these interviewees was extremely pro-Malaysia. They were led by Abang Mustapha, Datu Bandar of Kuching. The second group was led nby Ong Kee Hui from SUPP. This group was against the special rights to be accorded to the natives of Sarawak unless if it is not stated in the to-be-formulated Constitution. This group had a contempt for the backwardness of the natives and had regarded their leaders as men of no consequences. This stand prompted an Iban by the name of Jonathan Bangau whom the SUPP had nominated as the party’s leader in Sibu to resign.
The next day, another group of Chinese in Kuching were interviewed. Their spokesperson, a Chinese woman, twisted and distorted events in Malaya into something truly hateful. She accused the Malayan Government of policies that turned very young girls into prostitutes and had labour laws that accorded workers not more than Ringgit 1.50 per fourteen-hour working day without holidays! When these allegations were countered by Ghazali and Wong Pow Nee, she informed the Commission that she had read the stories from Chinese newspapers to which Wong Pow Nee murmured that these must have been communist publications.
In Bau and Simanggang (now Sri Aman), banners and placards expressing anti-Malaysia slogans in Chinese characters plastered the town in anticipation of the Commission members interviewing residents there. The scene was different in Kanowit and Kapit. People shook the hands of the Commission members, especially the Malayan ones. One of the Tuai Rumah even held Ghazali Shafie’s hand as they walked through Kapit town. They were all awaiting the arrival of Malaysia!
However, Ghazali learnt that under the colonial administration the Iban had suffered oppression and suppression. This began when Sarawak was under the Brunei Sultanate and continued under the Brookes and subsequently the British. When they faced the Commission, they were all for Malaysia and some even emphasised on the need for a speedy arrival of better education and development for the Iban community.
At Binatang (now Bintangor), the division between the wishes of the natives and the Chinese was most prominent. The natives were all for the speedy arrival of Malaysia while the Chinese were divided into two groups: one favouring a referendum, while the other favouring a Federation of North Borneo, Brunei and Sarawak – a line maintained especially by the communists.
In North Borneo, the only negative views were given by the British officials and expatriates as well as the rich local businessmen. At this juncture, Ghazali noted that these British officials knew nothing or chose to disregard Harold MacMillan’s famous “Wind of Change” speech in Cape Town made on the 3rd February 1960.
Cobbold, not having any experience in dealing with the Far East, succumbed to the ideas of these officials that in his draft, he recommended that both the British and Malayan Governments should have executive powers over the British Borneo states for five years. Both Wong Pow Nee and Ghazali believe that the Malayan Government would never agree to perpetuate colonialism in any form. However, the two governments should discuss the matter should they want the British officials to stay on in Borneo in the service of the two territories. Wong Pow Nee quoted the state of Penang where he was once a Chief Minister to demonstrate the point that the British fears were groundless and that the Tunku, the Malayan people as well as the 70 percent who advocate the creation of Malaysia in the North Borneo and Sarawak would not agree to Cobbold’s suggestions as it would still be a form of colonialism. What more that the communists in Malaya, Singapore, Indonesia, China and the Soviet Union had branded the Malaysia Concept as neo-colonialism. Interesting also to note here is that in April 1962, the Philippines House of Representatives had made a formal claim on North Borneo. On the 20th January 1963, Drs Subandrio, and alleged communist and also Sukarno’s Foreign Minister and Second Deputy Prime Minister announces Indonesia’s “confrontation” towards Malaysia.
In the end, on the 31st July 1962, Prime Minister Harold MacMillan told the Malayan delegates that Her Majesty’s Government was just as anxious to see Malaysia succeed. Soon after, an Inter-Governmental Committee (IGC) was set up by the Malayan and British Governments that would include the North Borneo and Sarawak Governments. On the 12th September 1962, the North Borneo Legislative Council adopted the following motion:
“Be it resolved that this Council do welcome the decision in principle of the British and Malayan Governments to establish Malaysia by the 31st August, 1963…”
Then on the 26th September 1962, the Council Negri of Sarawak adopted the following motion without dissent:
“This Council welcomes the decision in principle of the British and Malayan Governments to etablish Malaysia by the 31st August, 1963…”
The Federation of Malaysia that would include the Federation of Malaya, North Borneo and Sarawak was to come into operation by the 31st August 1963. All in all, the IGC made recommendations in its report pertaining to the States’ Constitutions, legislative powers, financial provisions, elections, the Judiciary, public service, citizenship, immigration, religion, education, the National Language, status of existing laws, the position of the indigenous races and transitional arrangements prior to the formation of Malaysia.
North Borneo was thoroughly satisfied with the IGC report and the North Borneo Legislative Council unanimously adopted the Report on the 13th March 1963. The Sarawak Government was satisfied and considered that the Report contained “generous terms of safeguards for Sarawak.” Stephen Kalong Ningkan as the Secretary-General of the Sarawak Aliance said that his party “fully endorses the Report.” Leong Ho Yuen, the Vice-Chairman of the SUPP said: “All in all, the Report is quite satisfactory. Though we cannot get all we asked for, at least we have been given a high percentage.” The Sarawak Council Negri voted unanimously to adopt the Report on the 8th March 1963, five days before North Borneo.
Donald Stephens who was the Chairman of the Executive Committee of the North Borneo Alliance said: “The whole of North Borneo will now welcome with joy the creation of Malaysia.”
Tomorrow, on Malaysia Day, we shall look into the self-rule granted to the State of Sarawak and why was Malaysia formed on the 16th September 1963 instead of on the 31st August. We will also look at what was said by those who were involved in parts of the process.
During the Commonwealth Parliamentary Association of Asia (CPA) meeting in Singapore on the 23rd July 1961, a conference resolution to establish a Malaysia Consultative Committee led by North Borneo’s Donald Stephens and Sarawak United People’s Party’s Yeo Cheng Hoe. Both would become members of the Malaysia Solidarity Consultative Committee and hasten the formation of the Federation of Malaysia.
We see today how some foreign plenipotentiaries act in contravention of Article 41(1) and (2) of the Vienna Convention on Diplomatic Relations, 1961 where the diplomat should not interfere with the internal affairs of the Receiving State and all businesses by the mission of the Sending State must be coordinated with the Foreign Ministry or any other relevant ministries of the Receiving State. However, we see today various anti-government NGOs being courted by these foreign missions, even to the extent of having the number one diplomat attending and participating in the programs executed by these NGOs.
Things were not much different back in 1961 – especially for Singapore, although Singapore was still a Crown Colony with self-rule. George Douglas Hamilton, the 10th Earl of Selkirk (Lord Selkirk) was often observed by Lee Kwan Yew to be making special efforts to court left-wing politicians especially PAP’s left-wing politician Lim Chin Siong, who are opposed to the Malaysia Concept. This relationship grew stronger and especially after the Hong Lim by-election in April 1961 where an Independent thumped PAP’s candidate by a 4,927 majority, and later the Anson by-election in July 1961 where the Worker’s Party’s David Saul Marshall trounced PAP’s Mahmud Awang by a 546 majority. Because of Lim Chin Siong’s ties with the communist-oriented Anti-British League, the PAP leadership began to be openly challenged by the pro-communist members of the PAP and were now prepared to assume leadership. Tunku’s grouse with PAP is not that it is a pro-communist party, but that it is not anti-communist.
For the British, they did not mind if Singapore was governed by a pro-communist government as long as they are allowed to keep their base for use by the South-East Asia Treaty Organisation (SEATO). To the communist, it was a good rallying point for the British to continue keeping Singapore as a colony and a base in order to attract more anti-colonial supporters to Singapore and the Borneo territories, and intensive anti-merger campaign was undertaken by the communists in Singapore. Lee Kwan Yew believed that the British authority in Singapore had encourage the communists in the PAP to revolt against the non-communist leadership in PAP. Kuan Yew coud not take action by imprisoning the communists for fear that he would be branded a British stooge and that would exacerbate the revolt by the communist against the PAP leadership. Merger with the Federation of Malaya was now central in his struggle against the communists.
The mood for Malaysia in Jesselton (now Kota Kinabalu) however was very good. When Ghazali Shafie arrived there, Sir William Almond Condrington Goode, the British Governor for North Borneo who was leaving for Sandakan told Ghazali to use his car to get around Jesselton for the Commonwealth Committee meeting. As he got into Goode’s car, Ghazali noticed that the driver had not removed the state pennant from the car and asked the driver to do so, so he (Ghazali) could travel correctly in the car. The driver turned around and replied that because of “Malaysia” he would drive Ghazali with the state pennant flying, and drove off with policemen saluting.
The Committee agreed that its aims and objectives should be to collect and collate views and opinions concerning the creation of Malaysia; to disseminate information on the question of Malaysia; to initiate and encourage discussions on Malaysia; and to foster activities that would promote and expedite the realisation of Malaysia. While Donald Stephens chaired the meeting, North Borneo was represented by Datu Mustapha, Singapore by S Rajaratnam, and Sarawak by Yeo Cheng Hoe. All of them agreed with the grand plan.
William Goode was not happy with Donald Stephens’s statement on Malaysia, in particular the latter’s target date of 1963 for the formation. Lord Selkirk had prior to this expressed that the people in British Borneo were not ready to govern themselves as they were still headhunters twenty years earlier. Therefore, Selkirk opined that it would be better for the people of British Borneo to come under a Federation of North Borneo, Brunei and Sarawak for five to ten years before they could decide whether or not to merge with Malaya to form the Federation of Malaysia. Sir Alexander Waddle, H.C White and Sir William Goode, the Governors of Sarawak, Brunei and North Borneo respectively made mention on how the idea of Malaysia is being received warmly by the people of the respective states; however they were worried that the Singapore Chinese especially, would swamp them.
On the 26th and 27th August 1961, Ghazali Shafie met with Kadazan leaders as well as leaders from the United Kadazan National Organisation (UKNO) to explain to them the Malaysia Concept, and after hearing about the special position accorded to the Malays in the Federation of Malaya Constitution, they all agreed that Malaysia would be the best solution to protect especially the interests of the Kadazans.
Later at night on the 27th August 1961, the British District Officer had invited Ghazali for drinks with British, European as well as Chinese leaders. Ghazali had suspected that it was more of an exercise to intimidate him. True enough some asked what was the advantage that the Federation of Malaya would get from Malaysia to which Ghazali replied saying that the question of advantage to Malaya would not arise as Malaya would simply cease to exist with the formation of Malaysia. Another pointed his finger at Ghazali and poked him in the chest asking why is Malaya in a hurry to form Malaysia since the people of British Borneo were not yet ready and to let the states of Borneo form their own Federation first? Ghazali pointed his finger back at the person and reminded him that the Tunku had merely made a mention about the Malaysia Concept once in Singapore and one or two more statements after that, and if the person felt that he was being pressured it was not because Malaya had pressured him but that he had been caught in a new political whirlpool within the Borneo territories and he had little knowledge of and was not keen on adjusting himself to the new order.
Back in Kuala Lumpur, Lee Kuan Yew was in absolute hurry for Singapore to be merged with Malaysia. The threat of the communist was real. In a discussion, he agreed with the Tunku that the rights of the Malays in Singapore would take precedence as the Malays in Malaya and Singapore, together with the “sons of the soil” in North Borneo and Sarawak, would form the single largest entity in the new Federation. The Tunku lamented to Kuan Yew that Malaya was very short of effective Chinese leaders. Tan Siew Sin of the MCA was a very sincere and clever man but could not speak any Chinese dialect to be really influential among the Chinese masses. It was no secret then that the Tunku would prefer to have Kuan Yew to assist him in managing the politics among the Chinese in the new Malaysia.
Back in North Borneo, trouble was brewing. The British Government had sent Donald Stephens to the UK to attend the Commonwealth Parliamentary Association meeting, while colonial officials in North Borneo worked on to split the Kadazan by saying that Donald Stephens was not a real Kadazan. As a result, UKNO was split into three factions: one following Donald Stephens, another following Abdul Ghani Gilong, while the other following Orang Kaya-Kaya GS Sundang. Datu Mustapha himself was offered two million Ringgit by a wealthy Chinese to form a political party that would espouse the Malaysia Concept but at its own pace, prefering to hang on to the colonial administration. On hearing this, Ghazali advised Mustapha to form a firm relationship with Donald Stephens in order to bring together the natives of North Borneo. Once a strong base was established, the Chinese would have no choice but to capitulate.
It was not an easy task. Donald Stephens was from the Kadazandusun community. The Kadazans and Dusuns were naturally biased towards the colonial officials and the white rulers who served the North Borneo Company before them. These white rulers’ laws protected them from pirates and coastal marauders who plundered their homes and treated them with no respect – the Suluks. Since Mustapha was a Suluk, the Kadazans and Dusuns treated him with fear and distrust though not without awe and respect. That was how the British applied the divide et impera policy to keep them apart.
On the 27th September 1961, the British High Commissioner to Malaya, Sir Geofroy William Tory, called upon Ghazali Shafie to inform the latter that the Governors of North Borneo and Sarawak reported that the people of North Borneo were thinking along the thoughts of the Governors – that is to form a North Borneo Federation instead. When pressed for further explanation, Tory admitted that the Governors were talking in terms of what the Chinese businessmen said.
On the 9th October 1961, Donald Stephens, Mustapha and with about thirty people in the North Borneo delegation arrived in Kuala Lumpur at the invitation of the Tunku who spoke to them both about the need to forget past quarrels and work together for the people of North Borneo. The Tunku also spoke to them about the Chinese community in North Borneo who very much supported the colonial administration there but told them to not be hostile towards the Chinese.
After dinner that night, Mustapha spoke to the attendees about how he and Donald Stephens had decided to form a political movement that would devote itself towards the independence of North Borneo through the Malaysia Concept. He also confessed to have regarded Donald Stephens as a rival for the leadership of the natives, but must now be brothers for the sake of North Borneo and encouraged the other community leaders in the delegation to do the same to one another.
Donald Stephens was more emotional. Tears were rolling down his cheeks when he admitted he had not trusted Mustapha before and asked for the latter’s forgiveness. There was a thunderous applause and both Mustapha and Donald Stephens embraced each other and announced to those present that they were now blood brothers and pledged to work together for the well-being of the people through the Malaysia Concept.
A North Borneo Chinese by the name of Chan also spoke in support of the Malaysia Concept and thought the Chinese should also form a political party. He, Donald Stephens and Mustapha then held hands together with everyone else and shouted Merdeka Malaysia ten times in keeping with the feng shui of the double ten – it was already the 10th October 1961, and this happened inside the Federal Hotel on Jalan Bukit Bintang.
After much deliberation at the second Malaysian Solidarity Consultative Committee meeting in Kuching, as well as some political maneuvering to get the support of Kalong Ningkan and his Sarawak National Party (SNAP) as well as to neutralise the opposition to the PAP within UMNO led by Aziz Ishak, it was decided that an Enquiry Commission, as envisaged by the Tunku and Harold MacMillan, to be appointed to gauge the desirability of the Malaysia Concept among the people of North Borneo and Sarawak.
In Part Three, we shall look into the Cobbold Commission’s work and findings, and reaction by our neighbours.
“Najib Abdul Razak has done more for Sarawak than all the previous Prime Ministers, including the one who served for 22 years,” said Sarawak Chief Minister, Adenan Satem to a crowd of about 3,000 people at the State Gawai Dayak Dinner in 2015 (Malaysiakini: 4 June 2015). That was what crossed my mind when thinking about sacrifices on the morning of the first day of Aidil Adha. Najib Razak broke previous Prime Ministers’ record for being the PM who has visited Sarawak the most and has brought about promising developments in both Sabah and Sarawak including the toll-free Pan Borneo Highway. What is most important is the capacity building for Bumiputera contractors through the 30 percent participation of Bumiputera contractors in this project.
All this had its beginnings more than 50 years ago when both Sabah and Sarawak were the British Colonies of North Borneo and Sarawak.
Prior to 1948, there was no country called Malaya but a territory of nine sultanates as British Protectorates and three Straits Settlements as Crown Colonies. Only the Crown Colonies were under direct British rule via the Colonial Office (Seademon Says: The Road to Merdeka – British Malaya, 12th September 2011). The British almost succeeded in implementing a Federation albeit through the shortlived Malayan Union, but that was later replaced with the Federation of Malaya on 1st February 1948.
Back then, Malaya was just a place for the Chinese migrants to work for money that would be sent home to China – the country the British had encouraged them to remember as their home during the interwar years. Tun Ghazali Shafie, then the Deputy Assistant District Officer of Kuala Lipis. He recalled how, when asked if the Chinese would support the Malays in an endeavour to dislodge all British Advisors from all the states of Malaya, the Justice of Peace for Kuala Lipis Mr Ong Siong Teck replied, “We Chinese had always been independent. Of course, but we must be given a place.”
On the 27th July 1955, the Alliance Party had won all but one seat in the Federal Legislative Council elections, and on Sunday, 31st July 1955, the Tunku handed the British High Commissioner his list of cabinet members (six Malays, three Chinese and two Indians) that would still have to be passed to the Rulers for their formal concurrence. This was when the Federation of Malaya gained self rule, a big step towards independence. At this time, there was a planned hegemony over the mainland including Malaya and Singapore, leaving the islands to Sukarno’s Indonesia (Seademon Says: The Road to Merdeka – Persekutuan Tanah China, 6th September 2011). Communism was rearing its ugly head at Malaya, Singapore and Borneo.
By June 1959, Singapore had its General Elections and Lee Kwan Yew’s People’s Action Party (PAP) was swept into power. The communist group in Singapore, including those in the PAP, had to lie low for the time being as Kuan Yew had promised the British that he would not allow any subversive elements to conduct their activities. Singapore was keen for a merger with Malaya as that would grant them independence and assure them that the Federal government of Malaya would never allow the communists to exist.
By the end of April 1961, the situation in the South East Asia had changed drastically with the Pathet Lao guerrillas had come quite close to Luang Prabang in northern Laos, with the help of the Soviet Union and China. It was then that Ghazali Shafie pressed the Tunku to hasten the “Malaysia Concept” to create a Federation of Malaya, Singapore and the British North Borneo that included the Sultanate of Brunei.
On the 27th May 1961, the Tunku signalled the birth of the “Malaysia Concept” in a speech in Singapore to the Foreign Correspondents Association (Ghazali Shafie’s Memoir on the Formation of Malaysia, 1998 pg.26):
“…sooner or later Malaya should have an understanding Ong Siong Teck Britain and the peoples of Singapore, North Borneo, Brunei and Sarawak. It is premature for me to say now how this closer understanding can be brought about, but it is inevitable that we should look ahead to this objective and think of a plan whereby these territories can be brought closer together in political and economic cooperation…”
“In North Borneo, there were already signs that Manila was going to make a cartographic claim based on some vague historical background,” wrote Ghazali Shafie, “(and) the Communist Clandestine Organisation (CCO) in Sarawak with assistance from abroad had begun to show its fangs and claws. Whitehall would never do nything very positive for the people and that colonial territory could not be defended by armed means in the post-World War II period of anti-colonialism.”
The British then planned for a federation for North Borneo, Brunei and Sarawak, and some British officials in Brunei even encouraged the locals to hate Malayan expatriates there. In fact, a Malayan forest officer, Yakin, was assaulted by Bruneians. These Malayans were there at the request of Sultan Sir Omar Ali Saifuddin III to replace British officials in key posts, making the Bruneians think that the Malayans were stealing their jobs and subtly colonising them.
The Yang DiPertuan Agong, the Tunku and Malaysian officials visiting Brunei were subjected to insults and had the word CONGO shouted at them. The truth is no Brunei high officials had ever bothered explaining to the people of Brunei the reason they were there, including Haji Marsal Maun, the Menteri Besar of Brunei.
Before ending the visit, the Tunku made a radio broadcast to the people of Brunei telling them that the presence of Malayan officials in Brunei was at the request of His Highness the Sultan of Brunei and it was never Malaya’s intention to colonise.
While the Yang DiPertuan Agong left Brunei for Kuala Lumpur, the Tunku continued his tour to Sibu on board the KD Mutiara. She was the first ship that was specifically built for the Royal Malayan Navy. She was also the first RMN vessel to be given the “Kapal DiRaja” title and was the first RMN vessel to be built locally. Their destination was Sarawak, a state that was once a realm of Brunei until 1841 when James Brooke was granted the areas around Kuching and Bau, from Sultan Omar Ali Saifuddin II, and was later given the title Rajah of the territories. The White Rajahs ruled Sarawak until 1946 when after the war Charles Vyner Brooke, the 4th Rajah of Sarawak ceded his interest in Sarawak to the Colonial Office for a sizeable pension for him and his three daughters. Unsure of the legality of the cession, the British Government quickly passed a Bill of Annexation, effectively ending the rule by the White Rajahs.
In Sibu the Tunku met with Temenggung Jugah, Aini Dobi (whose brother Rosly Dobi was hanged for the assassination of Governor Duncan George Stewart in 1949), Tuanku Bujang, Abang Louis Barieng and Ahmad Zaidi Adruce. An Iban in the administrative service in Sibu approached Ghazali Shafie asking the latter to explain more about the “Malaysia Concept.” Ghazali Shafie told the former in general what it was all about and the intentions of uplifting the indigenous people using the same special position of the Malays in the Malayan Federal Constitution. Bennet agreed that Sarawak could achieve independence through the “Malaysia Concept” but his worry was having the Chinese from Singapore flooding Sarawak. Ghazali suggested that Sarawak could ask for special powers to control immigration to which Bennet touched Ghazali’s hand saying, “Please help us.”
The Ibans were in a dire strait. Sibu was a town that was very Chinese – 95 percent of its 29,630 inhabitants in 1961 were Chinese. In comparison, Sibu had 162,676 inhabitants in 2010 and 65 percent were Chinese. A school that the Tunku had visited just outside of Sibu only had a Primary Two class and was not able to find a teacher compared to a Chinese school nearby. The British were not interested in developing the locals and if the situation was to continue for long, the rate of development for the Iban would be slow compared to the Chinese who had very good schools. Even Temenggung Jugah was illiterate. He had a signatured tattoed to his left arm and would put his left arm on a piece of paper so he could copy that to sign documents!
As they left Sibu and the KD Mutiara sailed down the Rajang, it was obvious that Sarawak as a colony would not be left alone by Communist China. Ships from China sailing the Rajang had revolutionary songs blaring over their tannoy system, even in the town of Binatang (now Bintangor). It was obvious that the Chinese were using revolutionary propaganda to stir up anti-colonial feelings amongst Sarawak’s masses, and that the “Malaysia Concept” would be the best way to save Sarawak especially from China.
When the KD Mutiara sailed past Binatang, a town of a few brick houses and a dirt road, the people had come out to the jetty shouting for the Tunku to stop. The Tunku requested for Lt Ismail, the CO of KD Mutiara to anchor so he could go ashore. The Tunku was met by hundreds of people who gave him a very warm welcome, and the Tunku gave them some words of encouragement. Ghazali was met by two young people, an Iban police inspector and a Malay customs officer. Ghazali noted that both were critical of the colonial administration which had never brought any development to the local people. These two officers later resigned from their respective jobs and spent full time promoting the “Malaysia Concept.”
In the next part we shall talk about the consutations with North Borneo, Singapore and how the British tried to stall the formation of Malaysia.