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Part 1: Introduction of Malaysian Society

SOCIETY:

A society is a grouping of individuals, which is characterized by common interests and may have
distinctive culture and institutions. In a society, members can be from a different ethnic group. A
"Society" may refer to a particular people, such as the Nuer, to a nation state, such as
Switzerland, or to a broader cultural group, such as a Western society. Society can also refer to
an organized group of people associated together for religious, benevolent, cultural, scientific,
political, patriotic, or other purposes.

The English word "society" emerged in the 15th century and is derived from the French socit.
The French word, in turn, had its origin in the Latin societas, a "friendly association with others,"
from socius meaning "companion, associate, and comrade or business partner." The Latin word
was derived from the Greek socus locus, and implied a social contract between members of the
community. Implicit in the meaning of society is that its members share some mutual concern or
interest, a common objective or common characteristics.

ETHNIC COMPOSITION OF THE MALAYSIAN POPULATION

- Multiethnic society or plural society is one of the primary characteristics of Malaysia's
population.
- The main ethnic groups of Malays, Chinese, Indians and a very diverse group of indigenous
people in Sarawak and Sabah as well as Orang Asli (the aborigines) in Peninsula Malaysia.
- Historical events explain the creation of multi-cultural society in Malaysia.
- The major outcome of the British colonial policy was the creation a plural society, each with
different culture, religion, education, motivation, and economic and political interests.

ETHNIC COMPOSITION OF MALAYAS POPULATION (1848-1957)

- The Chinese and Indian immigrants came in large numbers after 1848, the year Long Jaafar
found tin in Larut, Perak. The migration due to the development of the tin ore industry in the
middle 19
th
Century.
- However, small number of them already came in before 1848 i.e. Chinese merchants in Melaka,
Kuala Terengganu, and at the estuary of the Johore and Pahang rivers, Indian labourers in sugar
cane and coffee plantations in Penang Island and Province Wellessley.


MAIN INHABITANTS OF MALAYSIA

PENINSULAR MALAYSIA

MALAYS : BANJAR, BOYAN, BUGIS, JAWA, KAMPAR, KERINCI,
MENDALING,MINANGKABAU, RAWA, JOHOR-RIAU

CHINESE : HOKKIEN (Chuan-Chew, Chin-Chew, Eng-Hua, Eng-Choon, Hok-
Chew)
: KWANTUNG (Kanton, Teochew, Hakka, Hailam)

INDIAN : MALAYALI, PUNJABI, CEYLONESE, TAMIL, TELEGU

INDIGENOUS : NEGRITO, SENOI, AND MELAYU ASLI

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SABAH
BAJAU, DUSUN, MURUT, BISAYA, KADAYUN, ORANG SUNGAI, ORANG LAUT, BRUNEI

SARAWAK
BIDAYUH, BISAYA, IBAN, KAYAN, KEDAYAN, KELABIT, KENYAH, MELANAU, MALAYS,
MURUT, PENAN, PUNAN

A) BUMIPUTERA GROUPS

a) The Aborigines (Orang Asli)
- Represent the oldest element in the population but survive in only small numbers and in
scattered groups, mainly in the Malay Peninsula.
- Divided into three main groups: Senoi, Negrito, Orang Asli. Total: 18 tribal groups. 12 different
languages.
- Negrito: Kedah, Perak, Kelantan, Pahang (small body frame, colored skin, large nose and curly
hair; cultivation and collecting forest product)
- Melayu Asli: Selangor, Negeri Sembilan, Pahang, Melaka, Johor (larger and taller than Negritos;
dark-coloured skin and straight and black hair; fisherman, farming)
- Senoi: Perak, Kelantan, Selangor, Pahang and Terengganu (taller than the Negritos and have
dark-coloured skin; shifting cultivation)
- Negrito: Kensiu, Kintak, Jahai, Lanoh, Mendriq, Bateq
- Senoi: Semai, Temiar, Jahut, Che Wong, Mahmeri, Semoq Beri
- Melayu Asli: Temuan, Semelai, Jakun, Kanaq People, Kuala People, Seletar People



b) The Malays
- Form the predominant ethnic group in the Malay Peninsula, a substantial minority in Sarawak
and a smaller group in Sabah.
- A distinction may be drawn between those Malays long-settled in the country, especially the
Malays of the East Coast of the Peninsula, in Sarawak and in Sabah, and those who crossed the
Straits of Melaka from Sumatra and settled in considerable numbers during the latter part of the
nineteenth and the twentieth centuries.
- Other ethnic groups regarded for practical purposes as Malays, and most of whom have settled
in the country (mainly in the Peninsula Malaysia) since 1850, include the Javanese especially
on the western coasts of Johor, Selangor and Lower Perak, the Banjarese, Boyanese, Bugis and
Minangkabau. Into the same category also fall the Bajau in Sabah. The quick assimilation of
these groups into the Malay community is as a result of common cultural traits and above all, the
bond of Islam.
- 14
th
Century: Minangkabau, Javanese, Banjar, Bugis and Boyan.
- Javanese: merchants in Melaka since Melaka Sultanate
- Great migration from Indonesia Archipelago: British colonial period

- FACTORS OF MIGRATION: -
1. POVERTY
2. POLITICAL STABILITY AND ECONOMIC DEVELOPMENT
3. ETHNIC TRAITS
4. POLITICAL INSTABILITY IN INDONESIA

c) Malay-related (non-Malay Bumiputera)
- Consists of ethnic groups found in Sarawak and Sabah.
- In Sarawak, the largest of these are the Iban who also form the largest ethnic group in the state,
while others include the Bidayuh (formerly known as Land Dayaks), the Melanau, Kenyah, Kayan
and Bisayah.
- In Sabah, the Kadazan (Dusun) form the largest single ethnic group, with the Murut, Kelabit, and
Kedayan forming significant minorities.

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B) NON BUMIPUTERA GROUPS
a) The Chinese`
- Began during Melaka kingdom. Ties between Melaka and China. Group of Baba Nyonya
community
- 18
th
century: Chinese merchant in Pahang, Kelantan, Terengganu
- Early 19
th
century: Singapore, Melaka, Penang; businessman and craftsmen; Johor: gambier
and black pepper plantations
- 19
th
century: Majority Chinese descendents; tin mines in Perak, Selangor, Ujong River
- 1930s: immigration policy tightened, the Japanese took over China, WW2 causing Chinese live
on in Malaysia
- Most Chinese from Fukien, Kwangtung, Kwangsi in South China


- FACTORS FOR MIGRATION
1. DIFFICULTIES OF LIVING IN CHINA
2. POLITICAL INSTABILITY IN THE DISTRICTS OF SOUTH CHINA
3. GROWTH IN THE TIN AND RUBBER INDUSTRY
4. POLITICAL STABILITY OF MALAYA
5. MIGRATION FACILITIES
6. CHINESE POPULATION CHARACTERISTICS
- The Chinese were predominantly associated with urban settlements - i.e. towns, and the mining
areas, particularly in the Kuala Lumpur, Taiping, Ipoh and Seremban. They also settled in Johor
as planters of pepper and gambier; in Melaka and Negeri Sembilan as tapioca planters and
subsequently in all the 3 states as rubber planters and tappers, as well as in parts of Selangor.
They took part in trade and commerce; ran workshops and took part in industry and soon became
the "middle-men" of peninsula.

HOKKIEN: BUSINESSMEN, SHOPKEEPERS
CANTONESE: MINERS AND CRAFTSMEN
HAKKA: MINERS
TEOCHEW: SHOPKEEPERS, FARMERS (SUGAR CANE IN WELLESLEY PROVINCE AND
PENANG, GAMBIER AND BLACK PEPPER PLANTATION IN JOHOR)
HAILAM: RESTAURANT OWNERS AND SUPPLIERS OF HOUSEHOLD NEEDS

b) The Indians
- Began in Melaka kingdom, Tamil Muslim played an important role in the ruling system. Indian
settlement in Melaka known as Kampung Kling. Indian was known as propagator of Islam.
- British occupation in Penang in 1786, Indian labourers migrated to work in sugar cane
plantations as domestic helps.
- Indian prisoners: to construct buildings and roads.
- 20
th
century: Indians from Punjab
- Largely Tamils, Malayalis, Telegus and Sikhs
- 1880s: large no. of migration coz the opening coffee plantations in Malaya
- Ceylonese: works in hospitals as doctors and medical help
- Most of the Indian immigrants were associated with the plantation of sugar, coffee and rubber in
the plantations along the West Coast, in particular in Negeri Sembilan, Selangor, Perak and
South Kedah. The professional and commercial groups were concentrated in the Straits of
Settlements (Singapore, Melaka and Penang) and other towns and urban areas of the West
Coast. The number of non-Malay migrants on the East Coast was limited.

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- FACTORS FOR MIGRATION
1. DIFFICULTIES LIVING IN INDIA
2. RAPID DEVELOPMENT IN MALAYA
3. ENCOURAGEMENT FROM BRITISH GOVERNMENT

- TAMIL Tamil Nadu, largest ethnic group, mostly worked in the rubber and oil palm plantations
- MALAYALI Malabar Coast. Working and middle class. famous for restaurants.
- TELEGU Andra Pradesh. Labourers in plantations
- SIKH Punjab. Police and railway station officers, security guards. 1920as many involved in
business and the professional fields.
- CHETTIAR Loan providers

ETHNIC RELATIONS IN MALAYSIA

THE THEORY OF RACIAL RELATIONS

SEGREGATION
Split in various areas: residence, the school system, transportation, public facilities
By law (de jure) or not by law (de facto)
Apartheid Policy



ACCOMODATION
A process where the ethnic groups are aware of each others norms and values but they continue
to safeguard their own living culture. Live in harmony and respect each other.
In government, has their representatives.
Switzerland: German, French, Italians



ACCULTURATION
A process of cultural assimilation. It happens when people from a minority group accept the
norms, values, values and patterns of behavior (culture) of the majority group. A process of
borrowing or accepting the cultural elements of the majority group, without changing the original
cultural elements.


ASSIMILATION
A process of structural assimilation. The entry into a dominant society through friendship and
close connection. The degree of assimilation of the minority group varies, that is, based on
physical differences (like the color of skin and the degree to which the cultural features differ from
that of the dominant group)



AMALGAMATION
A process when culture or race mixes to form types of new culture and race. Intermarriage.

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NATIONAL UNITY AND SOCIAL INTEGRATION

NATIONAL UNITY

The uniting of various groups that have different social and cultural backgrounds, into one
physical entity. External in form. Physical development.

NATIONAL INTEGRATION

A process of uniting groups with different backgrounds into one entity bound by common norms,
values and interests. Abstract process. Spiritual development.

MALAYSIA CONCEPT OF UNITY

A process of uniting the members of the society and the country as a whole through national
ideologies so that the members of the society can be build up an identity, common values and
sense of belonging.

National Unity to be achieved at territorial, economic, political, educational, social and cultural.

CONCEPT OF PLURAL SOCIETY

According to J.S. Furnival: Plural society is characterized by ethnic groups who live under one
political unit (a country) but not integrated. Every group has its own language, culture, religion,
values, thinking and way of life.

SOCIAL CHARACTERISTICS OF PLURAL SOCIETY

The diversity of culture, the physical separation, identification of ethnic by employment, lack of
social contact, and the existence of a dominant group politically.

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HISTORY OF ETHNIC RELATIONS

CO-EXISTENCE
Rarely communicate
British rule



FREQUENT EXTERNAL CONTACT
Always communicate
British rule up to independence



COMPROMISE
Conscious of their common interest.
Compromise to protect the common interest.
In economy and politics, early independence.


UNITY
Compromise and cooperate as much as possible
social, economy, cultural, political


INTEGRATION
Cooperation develops into a sense of belonging and strong ties among them.
Share responsibilities and values



PROBLEM OF UNITY
No nation will achieved prosperity and remains secure if the citizens are disunited and lack a
strong sense of commitment to the nation.
Prosperity and progress without unity, stability and a deep sense of loyalty on the part of its
citizen will, in the long run, weaken the foundation of Malaysian Society.

PROBLEMS OF NATIONAL UNITY AND SOCIAL INTEGRATION
Malaysia inherited a number of problems from British rule economic dualism, regional
imbalances, unemployment and poverty, inequitable distribution of wealth and opportunities,
shortage of certain skills vital for economic development, ethnic imbalances in the pattern of
ownership and control of economic activity, in the distribution of income as well as employment.
The May 1969 riots was the climax of the problem of national unity and social integration.
Under the divide and rule policy by the British has created the emergence of plural society,
which are segregated (separated) in various aspects.

They are:
a) Residential Patterns
Malays Villages, Chinese Tin Mining areas and Towns, Indian Estates or Plantation areas.
b) Education
Each ethnic group has their own syllabus of education.
c) Occupation
Malays Farmers and Fishermen; Agricultural sector, Chinese Trade and Commerce
Indian workers at plantations areas or estates.

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STEPS TAKEN TO SOLVE THE PROBLEM OF NATIONAL UNITY AND
SOCIAL INTEGRATION

It is strongly contended that the ethnic riots of May 1969 resulted from inadequate efforts to
reduce socio-economic balances, which had characterized Malaysian Society so long.
Therefore, the government implemented public policies on social, economy and politics to
achieve the spirit of national unity.
a) Social
Rukun Negara (The Principles of Nationhood)
Was launched on 1971.
National Education Policy
The objective is to create national unity and integrated society through:-
1) Bahasa Melayu, as the main medium of instruction in schools and higher
learning institutions.
2) The implementation of a common syllabus for all schools.
National Culture Policy
An integral part of developing Malaysian identity and nation building is to foster the
development of a national culture, a) based on the cultures of the ethnic groups of this region, b)
incorporating elements of other cultures which are suitable and appropriate, and c) with Islam as
an important element in its formulation.
b) Politics
The May 1969 riots taught the nation a bitter lesson and demonstrated that unrestricted,
emotional and extreme appeals along communal lines were detrimental to peace, stability
and national unity.
1) Amendment was, therefore, made to the Federal Constitution to remove
sensitive issues from the realm of public debate. The two main sensitive
issues are: the position of the Malays Rulers and special privileges of the
Bumiputera.
2) Coalition Politics under Barisan Nasional (National Front). The aim of the
coalition was to strengthen political consensus among all segments in the
society. Barisan Nasional was formed in 1976 with the inclusion of PAS
and Parti Kebangsaan Sarawak (SNAP).
c) Economy
The May 1969 incident demonstrated to the nation that poverty as well as wide economic
imbalances along ethnic lines would generate feelings of dissatisfaction among the people.
Therefore, New Economic Policy (NEP) was introduced in 1971 through the Second Malaysia
Plan, 1971-1975. The overriding objective of the NEP is to achieve national unity. They are:
1. To reduce and to eradicate poverty, by raising income levels and
increasing employment opportunities for all Malaysians, irrespective of
ethnic groups.
2. To accelerate the process of restructuring Malaysian society to correct
economic imbalances so that the identification of ethnic groups with
economic function and geographical location will be reduced and
eventually eradicated.

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THE STRIFE TOWARDS UNITY AND SOCIAL INTEGRATION

POLITICAL EFFORTS
Special rights of the Bumiputera
Seditions Act
ISA
Barisan Nasional

ECONOMIC EFFORT
Five-years plan
Creating Malays entrepreneurs
Industrial zone for Malays

SOCIAL AND CULTURAL EFFORT
National culture

PREMISE AND STRATEGIES USED BY THE GOVERNMENT

Socialization and re-socialization
Schools and universities

Reducing group identification
Organizations and sports

Reducing group demands
Coalition party

Creating cohesive relations
Housing and Business policies

METHODS TO ACHIEVE NATIONAL INTEGRATION

Socio-psychological Development

1. Formal Education
2. Co-curriculum activities
3. Continuous education
4. Social Groups
5. Social Activities
6. Tourism within the country
7. Mass Media

Socio-economic Development

1. Improving Educational Infrastructure
2. Create Bumiputera entrepreneurs and professionals
3. Development in the small enterprise sector
4. Development of rural infrastructure
5. Development of the rural folks

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RUKUN NEGARA: THE NATIONAL IDEOLOGY
31
ST
August 1971

13
th
May 1969
racial riot

16
th
May 1969
State of Emergency, Parliament was suspended
Government taken over by National Operations Council

Aug-Dec 1969
National Muhibbah committee
National Unity Department

29
th
Jan 1970
National Unity Council was formed
Special committee of Rukun Negara was set up

31
st
August 1970
Rukun Negara formalized



THE PRINCIPLES OF RUKUN NEGARA

1. Belief in God obey teachings of religion
2. Loyalty to King and Country be loyal and patriotic
3. Upholding the Constitution fulfill duties
4. Rule of Law respect laws
5. Decorum and Morality be normative and disciplined

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Part 2: Political Process in Malaysia

COLONIZATION ERA

BACKGROUND

COLONIALISM AND IMPERIALISM
A cursory review of periodicals, editorials, and history often reveals sloppy use of the terms
colonialism and imperialism. They may appear interchangeable, but they are very different
policies.
Colonialism involves the maintenance of dominance over an extended period of time,
Imperialism may simply imply powerful nations (that)influence weaker nations (McGraw-
Hill, 2004). A nation can be imperial without being colonial, but not vice versa.
Malaysia was colonized by western and eastern powers for 446 years.
Some of the colonial powers started as traders, but later on take the opportunity of the
weakness and problems in the Malay States to finally colonized them.
The natural resources in the Malay States and spreading the religion of Christianity were the
main interest of their colonization policies.

DOWNFALL OF MELAKA
The downfall of Melaka marked the beginning of the colonization period in Malaysia, began
with Portuguese, Dutch, British, Japanese and British again.
Siamese (Thailand) had colonized the northern states of Malaysia.
Among all the colonizers, British were the most influential colonizer in Malaysia in the context
of the present administration system, economy and education.
British and Japanese colonization has contributed to the problems of ethnic relation in
Malaysia.

PERIOD OF COLONIZATION

1. PORTUGUESE COLONIZATION (1511-1641) 130 years

OBJECTIVES
3Gs: GOLD, GLORY, GOSPEL
An effort to expand their influence to other Malay States was failed. e.g.
Naning and Rembau.
An effort to spread the religion of Christianity was also failed.
Their influence only limited in Melaka.


LANDMARKS: -
a) The existence of Portuguese Eurasian
b) Introduction of Roman Alphabets
c) Adoption of Portuguese Words in Malay Language e.g. palsu (fake),
almari (cupboard), jendela (window), garpu (fork), tuala (towel)
d) Emergence of Melayu-Riau Kingdom
e) Historical Buildings & Artifacts ( Porta de Santiago, Flor de la Mar)

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2. DUTCH COLONIZATION (1641-1824) 183 years
OBJECTIVES
Spice monopoly in Melaka and tin monopoly in other Malay States and to divert the
attention of traders from Melaka to Batavia (Jakarta).
Dutch started the trading in Malay Archipelago beginning of 17
th
century. Their main
trading was in Batavia. They formed Dutch East India Company with the objective to
control spice monopoly in Malay Archipelago and tin monopoly in Malay States.
Their influence only limited in Melaka due to unsuccessful negotiations with other
local power such as Perak and Selangor.
No significant landmarks except historical buildings (the red buildings) in Melaka.


3. BRITISH (1824-1942) (1945-1957) 130 years
OBJECTIVE

First phase: Early 17
th
century, British East India Company was looking for suitable port
to continue their trading with China.
This reason led to the occupation of Penang by Francis Light on 11
th
August 1786,
followed by Singapore by Stamford Raffles on 6
th
February 1819.

Second phase: The need of natural resources ( due to: Industrial Revolution in Europe),
Competition with other colonial powers esp. Germany and France, political problems in
the Malay States (civil war, fighting among secret societies, pirates in Straits of
Settlement).

1841 - James Brooke took over Sarawak
1874 - British intervention in Perak
1874 - Selangor accepted British advisor
1874 - British intervention in Sungai Ujong
1875 - Brunei gave Sabah to British
1888 - British intervention in Pahang
1909- Bangkok Treaty, Siamese gave Kedah, Perlis, Kelantan, Terengganu to British
1914 - Johor accepted British advisor

LANDMARKS
1. ANGLO-DUTCH TREATY, 17
th
March 1824
Effect from the treaty: -
a) Malay Archipelago was divided into two different influences British and
Dutch. Melaka fell under British.
b) Melayu-Riau Kingdom was collapsed

To protect and expand the British trading, British merged Penang, Singapore and
Melaka under Straits of Settlement administration. These states developed in port &
agriculture activities.

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2. RESIDENTIAL SYSTEM
( A system of administration designed to make use of existing political set-up and
institutions. It also called a system of indirect rule. First implemented by Lord Lugard in
northern Nigeria).

Resident system practiced in Perak (1874), Selangor (1874), Sungai Ujung
(1874), Pahang (1888), Negeri Sembilan (1895).
Political Impact: King and aristocrats members lost their rights,the beginning of
multi ethnic polarization
Economy Impact: encourage investment, tin was developed, a coffee and rubber
plantation was introduced, a working opportunity to the locals and immigrants
Social Impact: a modernization took place (in order to accommodate the
industrial needs)
Basic Infrastructure (health, telegraph, pos, roads etc).

3. FEDERATED MALAY STATES, 1895
Selangor, Perak, Pahang and Negeri Sembilan.
DURBAR CONFERENCE British High Commissioner, Malay Rulers, Resident
General, 4 residents.

4. FEDERAL LEGISLATIVE COUNCIL, 1909
Improve on the strength of British Administration.
Members: High Commissioner, Resident General, Four Malay Rulers, Four
Residents, Three informal members. But, the power centralized on High
Commissioner.

5. DECENTRALIZATION
World Economic crisis 1925 lead to the proposal of decentralization policy.
This policy is to attract Unfederated Malay States to join Federation of Malaya.
However, the proposal was not implemented because of Japanese invasion in 1941.


4. SIAMESE (1821-1909) 88 years
Siamese colonized some of the Malay States since long time ago, but officially it was
started in 1821. Concentrate on the Northern of Malay States i.e. Perlis, Kedah and
Kelantan.
Influence was on religion (Buddhism) and arts.


5. JAPANESE (1942-1945) 3 years

JAPANESE ADMINISTRATION IN MALAYA
15
TH
FEBRUARY 1942 12
TH
SEPTEMBER 1945.
Malaya was called Malai Baru under the military administration in SINGAPORE
(Syonan).
Perlis, Kedah, Kelantan, Terengganu were under Siamese.

SOCIAL IMPACT
1. Poor Treatment e.g. forced-labor for Dead Railway construction (Thailand
Myanmar)
2. Squatters Chinese run away to outskirt of jungle and open new areas, which
have said, start the squatters problem in Malaya.
3. Ethnic conflict between Malays and Chinese
4. Japanese Education encourage the concept of hardworking

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ECONOMY IMPACT
1. Economy Collapse British destroyed basic infrastructure and property.
2. Tin and rubber plantations were suspended due to poor commitment from
Japanese army.
3. Economy and standard of living drop. (leading to poverty)
4. High Inflation uncontrolled and unstable currency.
5. Trades with outside world were stopped due to global sanctions.

POLITICAL IMPACT
1. Political Awareness Asia for Asians.
2. Believe on Self-government - Lost trust to British.
3. Malay Nationalism because of ethnic conflict Malay-Chinese. Japanese
encouraged Malay Nationalism through forming political organization.
4. Chinese and Indian maintain their own culture.
5. Malayan Communist Party (MCP) became strong party in 1945-1948. Many
Chinese involved in MCP because of Japanese ill treatment. MCP joined with
British, later formed Malayan People Anti Japanese Action (MPAJA).

AFTER JAPANESE OCCUPATION
Malaya was under MCP (or better known as Bintang Tiga) for 14 days.
Unrest everywhere e.g. Batu Pahat incidence.
British came in September 1945 and formed British Military Administration (BMA).
However, Communist was a threat. Therefore, Emergency was announced on 17
th

June 1948.
Templer Plan and Briggs Plan were introduced to curb the Communist Movement.
Baling Talk was initiated on 28
th
and 29
th
December 1955 with Communist Leaders,
but failed.
Finally, Emergency period ended on 31
st
July 1960.


TOWARDS INDEPENDENCE

BLOODSHED MOVEMENT
1. AGAINST SIAMESE
- Malay opposition in Pahang and Melaka, therefore their conquest to these places failed.
2. AGAINST PORTUGUESE
- Malay opposition in Naning, Rembau, Muar and settlement along Muar River, therefore their
conquest to these places failed.
- Sultan Mahmud Shah (Melaka kingdom), Acheh and Johor Kingdom tried to conquer
Melaka from Portuguese but failed.
3. AGAINST DUTCH
- Selangor and Johor kingdoms opposed against the Dutch in Melaka. E.g. burn down Dutch
houses.
4. AGAINST BRITISH
- Naning Dol Said
- Selangor Raja Mahadi
- Perak Datuk Maharaja Lela
- Pahang Tok Gajah, Dato Bahaman
- Sarawak Sharif Masahor
- Sabah Mat Salleh
- Kelantan Tok Janggut
- Terengganu Haji Abdul Rahman Limbong

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5. AGAINST JAPANESE
- Malayan People Anti Japanese Action (MPAJA), Wataniah Army in Pahang, Force 136,
Kinabalu guerilla

NATIONALIST MOVEMENT
1. JAPANESE OCCUPATION
2. BRITISH OCCUPATION, after 2
nd
World War
3. METHODS USED: -
a) THROUGH WRITING
- Al-Imam, Saudara, Majlis, Warta Malaya, Utusan Melayu, Warta Sarawak
b) THROUGH ASSOCIATION
- Kesatuan Melayu Singapura, Kesatuan Melayu Selangor, Persatuan Melayu Perak,
Kesatuan Melayu Muda

NEGOTIATION
Various discussions were held with the British before independence was granted.

STEPS TAKEN TOWARDS INDEPENDENCE

1. MALAYAN UNION, 1946
2. FEDERATION OF MALAYA, 1948
3. POLITICAL PARTIES
- PAS, UMNO, MIC, MCA, SOCIALIST (AWAS, API, PETA)
4. MEMBER SYSTEM, 1952
5. INTER-ETHNIC RELATIONS COMMITTEE
6. FIRST GENERAL ELECTION, 1955
7. MERDEKA TALKS, 1956
8. FEDERATION OF MALAYA CONSTITUTION, 1957
9. INDEPENDENCE, 31
ST
AUGUST 1957

MALAYAN UNION. 1 APRIL 1946.

The following is a list of the features of the Malayan Union:-
1. Made up of nine Malay states, Penang Island and Melaka.
2. The British Governor was the chief administrator, with its centre in Kuala Lumpur. An
Executive Council and Legislative Council assist the Governor.
3. The Malay Rulers only advised the Governor, while their sovereignty as rulers of their
own states was wiped off. The rulers authority was only in issue pertaining to Islam and
as head of the Malay Council of Advisors.
4. The State Council was retained for purposes of managing the local government, but was
still subjected to control by the central government.
5. The Malayan Union did not involve Singapore; Singapore still remained as British colonial
territory under the rule of a British Governor General, who was above the Governor of the
Malayan Union.
6. Citizenship was based on the principle of jus soli. Through this principle, Malayan
citizenship was obtained if (a) the foreigner was 18 and above, and has resided in
Malaya for 10 out of a period of 15 years before 15 February 1942. and (b) a person who
was born in Malaya after forming of the Malayan Union.
7. Equal rights for all citizens regardless of race or origin. This includes the entry into
government service and the right to vote in general election.

From the above, few of the key details of the Union were:
1. Malayan citizenship that would give equal rights to all would be citizens regardless of race
2. A citizenship based on the Jus Soli principle
3. The transformation of the title Sultan to President.

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THE FAILURE OF THE MALAYAN UNION

1. STRONG OPPOSITION OF THE MUSLIM MALAYS.
2. NO STRONG SUPPORT FROM THE NON-MALAYS
3. WRONG TIMING
4. WRONG INTRODUCTION
5. OPPOSITION FROM FORMER BRITISH ADMINISTRATION IN MALAYA


FEDERATION OF MALAYA, 1
ST
FEBRUARY 1948

The following is a list of the features of the Federation of Malaya:-

1. Made up of nine Malay states, Penang Island and Melaka.
2. The High Commissioner was the chief administrator, with its centre in Kuala Lumpur. An
Executive Council and Legislative Council assist the High Commissioner.
3. A Council of Rulers (kings) gave advice to the High Commissioner. They can decide on
matters pertaining to immigration.
4. The State Council had power to legislate and pass laws with the approval of Malay Ruler
(king).
5. The Malayan Union did not involve Singapore; Singapore still remained as British colonial
territory under the rule of a British Governor General, who was above the Governor of the
Malayan Union.
6. Citizenship by operation of law would be conferred to:
a) Any subject of the Malay Ruler of a state
b) Any British subject born in Penang or Melaka who had resided for a continuous
period of 15 years in the Federation
c) Any British subject born anywhere in the Federation whose father had also been
born there or had resided there for a period of 15 years, continuously.
d) Any person born in the Federation of Malaya who habitually spoke the Malay
language and conformed to Malay customs.
e) Any person born in the Federation of Malaya both of whose parents had also
been born in the Federation and had resided there for continuous period of 15
years.
f) Any person whose father was at the time of his birth a citizen if the Federation of
Malaya.
Application of citizenship could also be made by:
a) Any person born in the Federation who had resided for 8 out of 12 years
preceding application.
b) Any person who had resided in the Federation for 15 out of 20 years immediately
preceding his application.
c) Any person whom the High Commissioner believes is of good character, has
knowledge of the Malay language or English and is 18 years old or above.

FULLY ACCEPTED BY UMNO
1. PROTECTION FOR THE SOVEREIGNTY AND POWERS OF THE MUSLIM MALAY RULERS
2. MORE STRINGENT CONDITIONS FOR CITIZENSHIP FOR NON-MALAYS
3. SPECIAL RIGHTS FOR THE MUSLIM MALAYS

OPPOSITION FROM NON-MALAYS
AMCJA (ALL-MALAYA COUNCIL OF JOINT ACTION)
1. UNIFICATION OF THE WHOLE OF MALAYA (INCLUDE SINGAPORE)
2. SELF RULE THROUGH A CENTRAL LEGISLATION BODY WITH MEMBERS CHOSEN BY
THE PEOPLE

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3. SAME CITIZENSHIP RIGHTS FOR ALL WHO CONSIDER MALAYA THEIR HOMELAND
DESERVING OF THEIR ALLEGIANCE

OPPOSITION FROM MALAYS PUTERA
1. THE MALAY LANGUAGE BE MADE THE COUNTRYS OFFICIAL LANGUAGE
2. EXTERNAL AFFAIRS AND DEFENSE BE MADE THE JOINT RESPONSIBILITY OF THE
MALAYAN GOVERNMENT AND THE BRITISH
3. THE WORD MALAY BE USED AS THE NAME FOR MALAYAN CITIZENSHIP
4. THE NATIONAL FLAG TO HAVE MALAY NATIONAL COLOURS
20
TH
OCTOBER 1947 AMCJA AND PUTERA - LAUNCHED HARTAL CLOSE SHOP


FORMATION OF MALAYSIA

Malaysia has been announced as a New Nation on 16
th
September 1963.
In 1961, Tunku Abdul Rahman announced his proposal for a wider federation to include the
Federation of Malaya, Singapore, Sabah and Sarawak, and Brunei.
The formation of Malaysia initially comprised of Federation of Malaya, Sabah and Sarawak
(Borneo), Singapore and Brunei. But, finally Brunei refused to join the formation of new
nation. And, in 1965, 2 years after the formation of Malaysia, Singapore opted out of the
Malaysian Federation and became independent in 1965.

Reasons for the formation of Malaysia

1. The Communist Threat
The Communist was growing in strength in Singapore and posed a real threat to the PAP
(Peoples Action Party) government of Lee Kuan Yew. This alarmed Malaya as Malaya did not
want Singapore to fall into Communist hands and become a Communist Base and stronghold on
Malayas doorstep. Britain, with her great commercial and military interests in the region, also did
not want to let Communism get the upper hand in Singapore. The solution seemed to lie in a
merger or union of Malaya and Singapore

2. Ethnic Politics and Ethnic Balances
A merger of Malaya and Singapore alone would put the Malays as a whole in a minority. This
imbalances could be redressed by bringing in the British territories of Borneo with their
predominantly Bumiputera (sons of the soil) populations.
3. Independence Factor
Singapore, Sabah, Sarawak and Brunei will get quick independence from British by joining
Federation of Malaysia.
4. Decline of British Power
British power continued to decline, as it had done steadily since the end of the Second World
War. In such circumstances it was easier for the British to hand over their power to a friendly
state like Malaysia than to try and continue their role as a colonial power in South-East Asia.
5. Economic Cooperation and International Relation in the region

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Responses and Reactions on the idea of Malaysian Federation

a) Federation of Malaya
- Pro Tunku and the Alliance Party (Parti Perikatan)
- Against - Parti Rakyat & Pan-Malayan Islamic Party. They prefer on the concept of
MAPHILINDO.
b) Singapore
- Pro - Lee Kuan Yew & PAP. The victory of Ong Eng Guan (UPP) in the Hong Lim By-election
over the PAP candidate has shown the growing influence of Communism in Singapore. This
event became a major factor, which direct Lee Kuan Yew attention in the proposal to create
Malaysia.
- Against - Left wing party Lim Chin Siong & Ong Eng Guan (United Peoples Party)
c) North Borneo (Sabah)
- Pro - British and few indigenous people
- Against - Chinese. They fear that the formation of Malaysia would result in Malayan
domination over their affairs.
d) Sarawak
- Pro - British and few indigenous people
- Against - Chinese & SUPP, PANAS, Dayak
e) Brunei
- Pro - Sultan & the Upper Class.
- Against - Parti Rakyat & A.M. Azahari


Opposition from the neighboring countries

Philippines.

President Macapagal was interested to have Sabah as one of his territory. He claimed that
Philippines originally owned Sabah. He hoped that the concept of Malaysia would fail. And,
finally, he breaks off the diplomatic relationship with Malaya.

Indonesias Confrontation.

President Sukarno announced the Confrontation policy towards Malaysia on January 1963. The
reasons for the confrontation: Sukarno was not consulted on the matter, he claimed that Malaysia
as a neo-colonialist plot pushed by the British. Sukarno also breaks off the diplomatic ties with
Malaysia in regards to the formation of Malaysia.
Important events towards Malaysian Federation

1. Visit to Sabah and Sarawak (June 1961)
Tunku explained and clarified any questions from the people on the idea of Malaysian
Federation and to eliminate any fear on the Malay domination and other issues.
2. Tunkus Visit to Brunei (July 1961)
The concept of Malaysia received hindrance from the people. Therefore, Tunkus decided
to visit Brunei to explain the idea of Malaysian Federation.
3. Negotiation with Singapore (August 1961)
On 23
rd
August 1961, an official meeting was held between Singapore and Federation of
Malaya. Among matters agreed upon were Singapore was free to decide on matters
related to education and labour relations.
4. Malaysian Solidarity Consultative Committee (mid-1961)
Malaysian Solidarity Consultative Committee was set up to study the moves necessary to
bring Malaysia into being and at the same time to gain support for the idea amongst the
people especially the people in Sabah and Sarawak.

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5. Cobbold Commission (Report was published on August 1962)
From the survey done in Sabah and Sarawak, 70 % of the masses agreed on the
concept of Malaysia.
6. Referendum Campaign and Singapore Referendum (September 1962)
Lee Kuen Yew finally won 70 % majority of the public on the idea of Malaysian
Federation. The reason was because Lee Kuan Yew be able to persuade the society on
three matters: a) no possibility of decline in citizenship b) the Singapores international
trade might shrink without the collaboration through Malaysia. c) Malaysia will be more
successful in avoiding the Communist movement and in maintaining stability in the
country.
7. UN Commission (June 1963)
Un commission was sent over to this region to further emphasis on the agreement of 2/3
majorities in Sabah and Sarawak on the concept of Malaysian Federation.


Bruneis refusal

1. Brunei was denied on the request to have 10 seats in parliament permenantly.
2. Brunei was denied the right to have control on the oil royalty
3. Brunei was also denied on the seniority position of Sultan Brunei in the Conference of Rulers.

The Secession (Withdrawal) of Singapore (1965)

After less than two years, the once cordial relations who existed between Malayan and
Singapores leaders had deteriorated to such an extent that the merger was seen as
unworkable. Ultimately, the leaders came to a decision that separation was the only way out.
Thus, on August 1965, Singapore ceded from Malaysia and became the independent
Republic of Singapore.
The conflict of Singapore-Malaya started when PAP tries to take over the role of MCA as the
leading party represents the Chinese Community and the concept of Malaysian Malaysia.
His action alarmed the strong rural element in the Peninsular Malaysia who saw his concept
of multi-racialism as an effort to undermine the position of the indigenous people.

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Malaysian Constitution

CONCEPT OF CONSTITUTION
- A constitution is a collection of measures and guidelines for regulating the administration of a
country.
- It is a source of legislation in the country that is permanently supreme.
- Malaysian Constitution is a written constitution, which is supported by various additional
documents to strengthen the action of the Constitution.

OBJECTIVES OF CONSTITUTION
1. To ensure administration continuity and political stability.
2. To avoid irregularity of abuse of power by ruling bodies.
3. The question of fundamental rights and freedom is recorded in the Constitution.
4. The Constitution requires Malaysian citizens to give undivided loyalty to the country.
5. The Constitution also provides special rights for indigenous communities.

THE SUPERIORITY OF THE CONSTITUTION
- The 3rd principle of the Rukun Negara.
- It is the only source of law that is permanently supreme.
- Its overrides the power of Yg.diPertuan Agong, Parliament and the courts.

UNIQUENESS OF THE MALAYSIAN CONSTITUTION
- The Malaysian Constitution covers all the legislative, executive and judiciary aspects and has
special provision to apply in a country with a diversity of races and religions.
- It is complete and comprehensive.

FEDERAL AND STATE CONSTITUTIONS
- Malaysia is a federation country with 13 states and four Federal Territories. Thus, division of
power was provided in the Malaysian Constitution between the Federal Government and the
State Governments.
- The separation of power aim to ensure the smooth operation of the fedearal system and to
avoid disputes.
- The power of Fed. Government is mentioned in the Federal List - covers matters of national
interest such as foreign affairs, defense, internal security, citizenship, education, commerce,
industry and health.
- The power of State Government is mentioned in the State List such as Islamic affairs, land,
agriculture, forestry, local government and local services
- Common List / Concurrent list - matters that require for cooperation between both Federal and
State governments such as social welfare, scholarships, national parks, wildlife, drainage,
irrigation and town and village planning.

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CONTENT OF THE CONSTITUTION
- 15 section, 183 clauses or articles, 15 schedules

MAIN FEATURES OF CONSTITUTION
1. Malaysia is a Federation
2. Malaysia is a constitutional Monarchy
3. Malaysia is a country that practices parliamentary democracy
4. Religious freedom with Islam as the official religion of Malaysia
5. Supremacy of the Constitution and the rule of law
6. Doctrine of the separation of power in which the judiciary, the legislative and the government
has each its freedom to carry out its different functions with no conflict of interest
7. Validity and transparency of the Judiciary with exclusive powers subject to the provisions of the
Constitution
8. National Language, citizenship, and the special rights of the Malays and the native tribes of
Sabah and Sarawak
** the syariah court: power to impose a prison sentence of not more than 3 years, fine up to
rm5000 or six strokes of rotan or both

CONSTITUTION AMENDMENTS
- Not set and rigid.
- Reasons:
1. To maintain efficient management of the countrys administration such as standardizing the
regulations of land matters in the states of the federation
2. To control the countrys peace as happened several times to the regulation relating to the
internal security act
3. Peoples interest can be protected

MAIN PROVISIONS IN THE CONSTITUTION

1. NATIONAL LANGUAGE
- Most important factor in determining the true identity of a nation.
- MALAY Language was made as the official language of the country (Article 152).
- It is a symbol of nationalism and unity of the country.
- It cannot be questioned or debated

2. RELIGION
- Article 3 (1) of the Constitution clarifies that ISLAM is the official religion in Malaysia but other
religions are allow to be practiced in peace and harmony in any part of the federation.

3. FUNDAMENTAL LIBERTIES
Freedom of worship
- Every person has the right to practice a religion. A person under 18 can't be asked to
participate in a religious ceremony other than his own. A person can't be asked to pay
whatsoever tax other than for the used of his religion.groups of the same religion have the rights to organize religious business inclusive of setting up a foundation and owning property.
Personal freedom (Internal Security Act)
- A person cannot have his life taken away or his freedom destroyed except as required by the
law. Has a freedom to speak, to assemble and to form unions/associations.
Freedom from abuse of law, speak, assemble, to form unions, exile and restriction of
movement.
Economic freedom
- Freedom from slavery and forced labour, Freedom to own property and Freedom to form
associations.

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4. SPECIAL PROVISION UNDER ARTICLE 153
Malays and Indigenous people in Sabah and Sarawak

5. CITIZENSHIP
- Special status held by the people who have the right to be in a country.
- Special rights of a citizen: -
a) To vote in election
b) Take part in politics
c) Post for citizens only
d) Free to own landed property
e) Benefits and facilities
f) Freedom of movement
g) Not to be exiled
In return: -
h) National service
i) Abide the laws
j) Contribute to the productivity of the country
k) Participate and support national programmes

- Ways of acquiring citizenship (Citizenship Rule 1964):

1. JUS SOLI - Law of birthplace
Regardless the status of the mother or father, citizenship is automatic for people born in Malaysia
between Independence Day, (31st August 1957) and October 1962. Those born after 1962 can
become citizen if they fulfill one of the conditions below:
a. the mother of father is a citizen at the time of his birth
b. at the time of his birth, the mother or the father has been residing in the country
c. at the time of his birth he was not a citizen of any country

2. JUS SANGUINIS Law of blood descent
Lies solely on the citizenship status of the father, regardless he is born outside Malaysia, but with
the following conditions: -
a. His own father was born in Malaysia or
b. His father holds a post in the Public Service at the Federal or State level or
c. His birth was registered at the office of a Malaysian Consulate or with the Malaysian
government within one year after his birth

3. MARRIAGE
- Through registration. The conditions: -
a. If the husband is a citizen in October 1962 or prior to that, and the marriage is still binding, or
b. The foreign woman has lived in the Federation for two years before the application is made,
has the intention to continue living in the Federation and is of good conduct
- Beside marriage, registration can be made by:-
a. A person below 21 years old whose parents are not necessarily citizens
b. A person born in the Federation before Merdeka day
c. A person who was living in Sabah and Sarawak on Malaysia Day

4. NATURALIZATION
Requirement: -
a. Aged 21 and above, and
b. Have lived in the Federation for at least 10 out of 12 years from and up to the date of
application, and
c. Have the intention to live permanently in the country, and
d. Of good conduct and
e. Have sufficient knowledge of the Malay language
** oath of allegiance

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Loss of citizenship:

a) RENUNCIATION: 21 years old and above

b) REVOCATION. Violated any laws and prohibited action according to the following: -

1. He has become citizen of another country
2. He is enjoying all the rights and facilities in another country, whereas those rights are given
only to the citizens of those countries, for example, he participates in the foreign countrys
elections or possesses a foreign passport
3. A woman becomes the citizen of a foreign country through marriage with a man from the
country concerned
4. Acts negatively showing he is no longer loyal to Malaysia
5. Has business or ties with a hostile country
6. Has been sentenced in a state within a period of five years after becoming a citizen of the
Federation, with a jail sentence of not less than 23 month or fine not less than RM5,000,00
7. Gives services to another country without permission
8. Lives continuously for five years in a foreign country unless he is on service with or on behalf of
the Malaysian government
9.The citizenship has been falsely obtained
10. A foreign woman who acquired her citizenship status through marriage, is divorced from the
husband, except in the case of divorce where the husband has passed away
*** Citizenship is special status, not immune from any withdrawal

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Part 3: System and Structure of Government

DEMOCRACY IN MALAYSIA

Definition of democracy

- The word democracy derived from the Greek words. Demo: the people; Kratos: rule i.e. rule by
the people (who have the legitimate power via their voting power).
- The word democracy comes from the joining these two words together to mean a system of
government in which the power lay in the hands of the people as a whole, not just one or few of
them.
- Abraham Lincoln described democracy as government of the people, by the people and for
the people.
- The rigorous definition of an ideal democracy would require free speech, free press, meaningful
elections, freedom to organize, majority rule, minority rights, and an independent judiciary.

General overview on various types of political system in the world

1. Autocracy a leader with an absolute unlimited power heads an autocratic governing system.
This one leader will determine each decision. This system does not give citizens any other choice
than to abide all rules determined by the leader.
2. Republic A republic is a nation in which the ruling system is selected by its people, and is
headed by a president.
3. Monarchy - A monarchy, (from the Greek "monos archein", meaning "one ruler") is a form of
government that has a monarch as Head of State. The distinguishing characteristic of monarchies
is that the Head of State holds his office for life, unlike in republics, where presidents are
generally elected for a certain amount of time. The term monarchy is also used to refer to the
people and institutions that make up the royal establishment, or to the realm in which the
monarchy functions.
4. Aristocracy rule by the best. Hereditary ruling class in ascriptive structured societies where
social position is determined by birth.
5. Oligarchy - Oligarchy is a form of government where most political power effectively rests with
a small segment of society (typically the most powerful, whether by wealth, military strength,
ruthlessness, or political influence). The word oligarchy is from the Greek for "few" and "rule".
Some political theorists have argued that all societies are inevitably oligarchies no matter the
supposed political system.
6. Anarchy - a state of lawlessness and disorder (usually resulting from a failure of government)
Parliamentary Democracy
Malaysia is a constitutional monarchy with a system of parliamentary democracy. It comprises 13
states as well as two local territories and one administrative capital including the Federal Capital
Kuala Lumpur and Labuan; and Putrajaya as Malaysia's new Administrative Capital. Each has its
own head of state and an elected assembly. Nine of the states are ruled by hereditary sultans
whom under a unique system, elect one of their own to be the constitutional monarch or Yang di-
Pertuan Agong for a period of five years. Malaysia has a non-political, professional civil service,
army and police and also an independent judiciary.
The Malaysian Parliament comprises the Senate (Dewan Negara) and the House of
Representatives (Dewan Rakyat). The Senators, whether appointed or elected, serve a six-year
term, while members of the House of Representatives are elected for a five-year term in a single
member constituency system. Since gaining its Independence from Britain on 31 August 1957,
free and fair elections to the House of Representatives have been held regularly every five years
or less.

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Constitutionally, a fresh general election must be held within five years of the preceding polls. The
twelve general election was held on 8 April 2008.
Malaysia has an excellent record of parliamentary democracy. The country has been ruled by the
National Front (Barisan Nasional) coalition dominated by the United Malays National Organisation
(UMNO) since the first general election. Initially known as the Alliance Party, the coalition
consisted of UMNO, Malaysian Chinese Association (MCA) and Malaysian Indian Congress
(MIC). In 1971, it was expanded to create the Barisan Nasional, which presently comprises 14
political parties.
This Malaysian Formula, achieved over 42 years, has spawned political stability, which in turn
has made Malaysia into an attractive location for foreign investors and benefited its economic
growth.
Introduction
- Federation of Malaysia is basically practice a system of Parliamentary Democracy with
Constitutional Monarch.
- Different from system of Republic (Presidential).


Parliamentary democracy
The citizens involve in the ruling system of the country
The Malay rulers become the symbol of loyalty
The citizens have the chance to form government
Peoples representative chosen by the people through general election.
Through election people are free and have the right to support or to change the existing
government
Features: Constitution, Constitutional Monarch, Election, Political Parties.



CONSTITUTIONAL MONARCH

- Monarchy system of administration is instituted through the Federal Constitution.
- The King (Yang di-Pertuan Agong) as supreme head, is above everyone and cant be convicted
in any trial or whatever court for any official duty as Chief Executive. But can be convicted in a
special court.
- The King rules base on the Malaysian Constitution and the advise of Prime Minister.

YANG DI PERTUAN AGONG (COUNTRYS SUPREME HEAD)

The Foundation

The foundation of the Malaysian Constitution was laid on 10 September 1877. It began with the
first meeting of the first Council of State in Perak, where the British first started to assert their
influence in the Malay states. Under the terms of the Pangkor Engagement of 1874 between the
Sultan of Perak and the British, the Sultan was obliged to accept a British Resident. Hugh Low,
the second British Resident, convinced the Sultan to set up advisory Council of State, the
forerunner of the state legislative assembly. Similar Councils were constituted in the other Malay
states as and when they came under British protection.
Originally playing an advisory role, the function of the council was later extended to include both
legislative and executive functions. This continued until 1948 when the Federation of Malaya was
formed by two agreements, namely the State Agreement and the Federation of Malaya
Agreement.

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The State Agreement was of great significance to Malaysia's constitutional development. By
virtue of this agreement, the Malay Rulers with the advice and concurrence of the traditional
chiefs and elders of the states promulgated their respective State Constitutions except for Johor
and Terengganu where Constitutions had already been in place since 1895 and 1911
respectively. The Rulers were also required to distinguish the legislative power in their respective
states from the executive power, by constituting a legislative, called the Council of State and
State Executive Council whose advice he was required to obtained.
The Federation of Malaya Agreement that served as the core for the current federal system of
central government was concluded as a compromise to the much-opposed Malayan Union. The
Federation consisted of the Federated Malay States (FMS), the Unfederated Malay States and
the Straits Settlements of Penang and Melaka. The FMS were Perak, Selangor, Pahang and
Negeri Sembilan, while the non-FMS were Kedah, Perlis, Kelantan, Terengganu and Johor.

CANNOT DO
a. Continue ruler of his state
b. Hold any salaried position
c. Business
d. Receive his state emolument
e. Cannot leave the country more than 15 days at any one time without the approval of the
council of rulers except on official national matters

SELECTION
Rotation from among the Malay Rulers of the nine states in the federation, except he is still
teenager or
He himself decides he does not want to be chosen or
Any shortcoming on the part of the Highness, or
Council of rulers (vote of at least five members) convinced he is not fit to be king.
The position is for a period of five years.

THE POWER OF THE YANG DI PERTUAN AGONG
1. Appointment of the Prime Minister
2. Not to consent to the dissolution of Parliament
3. Request for a meeting of the Rulers Council to be held, to discuss matters pertaining to special
rights, status, honour and importance of the rulers and other matters, as stated in the
Constitution.
4. Supreme Head of the Federations Armed Forces
** His act according to the principle of acting on advice

THE COUNCIL OF RULERS
Majlis Raja-Raja
The Conference of Rulers, officially known as Majlis Raja-Raja, is a formal body established by
Article 38 of the Constitution. It consists of the nine Rulers and the four Yang Dipertua Negeri
(formerly called Governors). It provides an intimate link between the Federal Government and the
State Government at the highest level.
Its meetings, are attended by the Yang di-Pertuan Agong and the Prime Minister on behalf of the
Federal Government, and by all Rulers and the Yang Dipertua Negeri each with their Menteri
Besar or Chief Minister, provide them with an opportunity of discussing matters of common
concern.

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The Yang di-Pertuan Agong appears to be a member of the Conference only when it is convened
for the purpose of electing the next Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan
Agong; and when the Conference deliberates on national policy.

The functions of the Conference of Rulers
To elect and remove the Yang di-Pertuan Agong and to elect the Timbalan Yang di-
Pertuan Agong
To deliberate on questions of national policy
To agree or disagree to the extension of any religious act, observances or ceremonies to
the Federation, as a whole
To consent or withhold consent to any law and making or giving advice on any
appointment which under the Constitution requires their consent or is to be made by or
after consultation with the Conference of Rules.

The Conference of Rulers must be consulted on the appointments of:
The Chief Justice of the Federal Court, the President of the Court of Appeal, Chief
Judges of the High Courts, the other judges of the Federal Court, of Appeal and the High
Courts;
The Auditor-General;
The Chairman, Deputy Chairman and members of the Public Services Commission;
The Chairman, Deputy Chairman and other members of the Railway Service
Commission; and
The Chairman and members of the Election Commission;

Matters of Deliberation
When the Conference deliberates on matters of national policy, it is attended by the King and the
Prime Minister as representatives of the Federal Government and the Rulers and Yang Dipertua,
each of whom is accompanied by his Menteri Besar or Chief Minister. At the meeting, the King
acts on the advice of the Prime Minister on behalf of the Cabinet and the other Rulers and the
Yang Dipertua Negeri in accordance with the advice of their respective Executive Councils.
The Conference of Rulers acts as a safeguard for the position of the Rulers, their privileges,
dignity and honour as provided for by the Constitution. One of its main functions is to elect the
Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong every five years or when those
posts fall vacant. However, non-royal members (including State Yang Dipertua Negeri) cannot
participate in matters connected with royal elections or privileges.
The Rulers are heads of Islam in their respective states, and through the Conference they make
decisions affecting Islam in the nation as a whole, including determining the dates for the start
and end of the fasting month of Ramadhan and the festive months of Syawal (Hari Raya Puasa)
and Zulhijjah (Hari Raya Qurban).
The Conference serves to resolve disputes between member states of the Malaysian Federation;
instances of this are amicable settlement of matters concerning the creation of the Federal
Territory (from Selangor) in 1973 and the resolving of boundary issues between Kedah and Pulau
Pinang and between Kedah and Perak over the Krian District.

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The Conference has a special responsibility to protect the special rights of the indigenous
Bumiputera and the legitimate rights of all Malaysians as provided under Article 153 of the
Constitution. The consent of the Conference is essential for any change to Article 10 of the
Constitution (involving sensitive issues).
In general, the Conference may discuss any issue related to the interests and security of the
nation. Its proceedings are secret and never published.
The Conference appoints one member to the Armed Forces Council representing Their Royal
Highnesses. The Conference may be convened by the Keeper of the Rulers' Seal at the
command of the Yang di-Pertuan Agong, or by a minimum of three members of the Conference.
The Keeper of the Rulers' Seal, an official appointed by the Conference of Rulers, acts as
Secretary to the Conference of Rulers and shall hold his office at the pleasure of the Conference.

GENERAL ELECTION

TOOLS OF ELECTION:
Political parties, candidates, fishing for votes (canvassing), banners, ballot boxes, ballot papers,
state legislative assembly and parliament

SIGNIFICANT OF THE GENERAL ELECTION:
important political methods for the people to give mandate to or determine the power for a certain
party to form the government

TYPES OF ELECTIONS:
General election and by-election

WHEN:
Once every five years

HOW:
Election must be held within 60 days in the west malaysia and 90 days in sabah and sarawak
after the dissolution of parliament


THE PUBLIC CHOOSE FOR:
the representatives for house of representatives (federal level) and the state legislative assembly
(state level)

VOTER:
Age of 21 and above registered voter for his/her resident (electoral constitutency) or absentee
voter

CANT VOTE IF:
Not sound mind, carry out jail sentence, found guilty and is imposed the death sentence or jail
exceeding 12 months in any commonwealth countries

ELECTORAL LIST:
Names list of voters and unregistered names cant vote

JOIN POLITICAL PARTY:
Min age is 18

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ELECTION COMMISSION:
1. Draw up the borders of the electoral constituencies
2. Prepare and check the voters lists for the elections
3. Manage the election process for the parliamentary and state legislative assembly
constituencies

MEMBERS OF ELECTION COMMISION:
- Chairperson + a deputy + 3 other members
Appointed by the yang di-Pertuan Agong after consultation with the council of rulers
The members can hold the post until age of 65

VOTE AND BALLOTING:
After dissolution of parliament, the election commission will issue a statement for the date of
nomination of candidates for the said election, the place and time of election (for individuals
who wish to contest in the election) for every electoral constituency.
Election commission determines the date and time of balloting.
Date of nomination can be done in not less than 10 days after its announcement.

CANDIDATES:
1. A nominator
2. A seconder
3. 4 other people
4. The above are registered voter for constituency
5. Deposits
BALLOTING DAY:
3
rd
week to 8
th
week after nomination day


STATE LEGISLATIVE AND PARLIAMENTARY MEMBERS:
EVERY MALAYSIAN CITIZEN AGED 21 AND ABOVE EXCEPT:
1. Not sound mind
2. Bankruptcy (still not released)
3. Hold salaried post
4. Fails to send his statement of expenses for the parliamentary or state legislative
assembly election in which he was standing as an election candidate or representative
within 33 days after the announcement of the election result
5. Obtain foreign citizenship
6. Found guilty of election offences

DURATION AS PEOPLES REPRESENTATIVE AND MEMBER OF THE STATE LEGISLATIVE
ASSEMBLY:
Until dissolution of parliament
Not commit any offence as member
Not attending the house for 6 months

SENATE MEMBERS:
Further debates and scrutiny on the bills passed by house of representative

DURATION IN OFFICE OF A SENATOR:
3 years, cannot be held more than 2 terms (6 years)

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POLITICAL PARTIES

- In general those who involve in political party are a group of people that share same political
parties and ideology.
- The objective of the political parties is to obtain power.

Political Party Objectives
United Malay Nations Organization
(UMNO)

Formed on 11/5/1946 to protest the formation
of Malayan Union.
Unite all Malays
To protect and preserve Malay rights and
benefits
Formed Alliance party with MIC and MCA
Malayan Indian Congress (MIC)

Formed in August 1946
To protect Indians rights and benefits

Malayan Chinese Association (MCA)

Formed in 1949
To protect Chineses political rights and
benefits
Sarawak United Peoples Party (SUPP) Formed on 12/6/1959
To unite all Sarawaks ethnic groups
To gain independence for Sarawak
Sarawak National Party (SNAP) Formed on 10/4/1961by Stephen Kalong
Ningkan (Iban)
To get independence for Sarawak
United National Kadazan Organization
(UNKO)
Formed in August 1961by Donald Stephens
To unite and tighten the relationship between
the Kadazans so that they can achieve their
aim in politics, economy and social
United Sabah National Organization
(USNO)
Formed in December 1961by Tun Datu
Mustapha Datu Harun
To make Islam as the official religion
To make Bahasa Melayu as the national
language
To change the name North Borneo to Sabah
Parti Keadilan Rakyat
(Opposition Party)

Formed in September 1998
Allied between Parti Keadilan Nasional and
Parti Rakyat Malaysia (PRM)
Parti Islam Se Malaysia (PAS)
( Opposition party)
Formed on 24/11/1951
To establish Islamic country
Democratic Action Party (DAP)
(Opposition Party)
Formed in October 1965
Struggle for a free, democratic Malaysian
Malaysia (racial equality), social and
economic justice

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POLITICAL SYSTEM

- In 1951, British has introduced Member System in the Federal Legislative Council. Each
member headed a government department or agency. The member system continued until 1955.
In 1955, the first general election was held in the country, and the winning party i.e. Alliance Party
(UMNO-MCA-MIC) formed self-government in preparation for fully independent Malaya.

- Three important branches of government has play their significant role in ensuring the smooth
running of administration system in Malaysia. These three branches work on the theory
separation of power, each having the ability to check and balance the others.

The three branches of government are Legislature, Executive and Judiciary.
(from precious idea of Montesquie, a French Political Scientist during the Renaissance era.)


a) The Executive
- Has the power to govern.
- Responsible for carrying out the matters of governing and administrating.
- As specified in the Constitution, this body has the role of implementing the laws that have been
passed by the legislative body.
- Constitutes of: Yang di-Pertuan Agong, The Cabinet: Prime Minister and Ministers.
- The executive power is exercised by the cabinet, while the King when carrying out his executive
duties has to act on the advice of the Cabinet especially the PM.
- The Cabinet:-
i. Made up of those who represent the party with a majority in the Parliament, which was
decided by a general election process.
ii. The role is to determine the government policies and to issue directives for their
implementation by the government administrative machinery at both Federal and State levels.

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b) The Legislative (Parliament)
- This is the body, which makes law.
- Parliament is the legislative authority for the Federation, and in this capacity, it makes laws
applicable to the Federation as a whole. It thus wields a considerable and far-reaching influence
on the life of the Federation.
- Parliament passes federal laws, makes amendments to existing federal laws, examines the
governments policies, approves the governments expenditures and approves new taxes.
- Parliament also serves as the forum for criticism and the focus of public opinion on national
affairs.
- To enable Parliament to undertake the responsibilities to it fully and effectively, the Constitution
confers certain rights and legal immunities designated Parliamentary Privileges upon
Parliament. These privileges are enjoyed by each House as a whole, and by individual members
of Parliament.
- The Malaysian Parliament is divided into three components: -
1.Yang Di-Pertuan Agong, the Paramount Ruler
2. Senate (Dewan Negara)
3. House of Representatives (Dewan Rakyat)

i) Yang di-Pertuan Agong
- The Federal Constitution stipulates that only Seri Paduka Baginda Yang di-Pertuan Agong can
call for Parliament to be in session. His Highness also has the special power to end or dissolve
the Parliament.
- Therefore, Yang di-Pertuan Agong is required by the Constitution to call Parliament to meet
within six months between the last proceedings in the next term.
- Functions of The Agong:-
not involve in making laws
to call, to stop and to dissolve Parliament
to put into laws bills that have been passed
to appoint Senator / member of senate in accordance to the PMs advice

ii) House of Representative (Dewan Rakyat)
- Dewan Rakyat has 219 elected members.
- Most important Dewan or House because its members are elected by the people.
- A General Election is held every five years to elect members of the Dewan Rakyat. Parties with
the most votes can form a government to rule the country.

- To be eligible as a member, a person must:-
be a Malaysian citizen;
be not less than 21 years old;
be of sound mind;
not be an undercharged of bankruptcy; and
not have a criminal record.

- Customarily, a Bill originates in the Dewan Rakyat. Once approved, it is tabled in the Dewan
Negara for another debate. After that, the Bill has to be approved before being presented to Yang
Di-Pertuan Agong for his consent.
- The Bill will then be gazetted in the form of 'Government Gazette', thus making the Bill a law as
stated in the Government Gazette.

iii) House of Senate (Dewan Negara)
- The Dewan Negara (Senate) consists of 70 members.
- The membership of the Senate is made up of two categories: -
a) 26 members elected by the State Legislative Assembly to represent 13 states (each state
represented by two members).

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b) 44 members appointed by His Majesty the Yang Di-Pertuan Agong on the advice of the Prime
Minister, including two members from the Federal Territory of Kuala Lumpur, and one member
each from the Federal Territory of Labuan and Putra Jaya.

- To be eligible as a member, a person must:-
be a Malaysian citizen;
be not less than 30 years old;
be of sound mind;
not be an undercharged bankrupt; and
not have a criminal record.

- The tenure of office is a three-year term for a maximum of two terms, applicable to both federal
and state appointments.
- The life of the Senate is not affected by the dissolution of Parliament.
- Senators are drawn from the ranks of persons who have rendered distinguished public services
or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities
or social service or are representatives of a racial minority or are capable of representing the
interests of aborigines.
- Every member, before taking his seat in the Senate, must take the prescribed oath before the
President of the Senate. By the oath, the members swear or affirm that they will faithfully
discharge their duty as members to the best of their ability, to bear true faith and allegiance to
Malaysia and to preserve, protect and defend the Constitution.


c) The Judiciary
- Judiciary us the body that responsible for the process of justice is enforced in the country. The
duty is carry out in the courts of law.

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- Compared to Legislature and Executive, Judiciary has wider power.
- The Federal Court of Malaysia is the highest judicial authority and the final court of appeal in
Malaysia.
- The Special Court was established on March 30, 1993 vide Act A848, now provided for in
Article 182 of the Federal Constitution. All offences committed by the Rulers (the Rulers being the
monarchical heads of the component states of the Federation of Malaysia) including His Majesty
The Yang di-Pertuan Agong shall be heard by the Special Court. The Special Court shall also
hear all civil cases by or against them. This Court shall be chaired by the Chief Justice of the
Federal Court and he shall be assisted by four other members, namely the two Chief Judges of
the respective High Courts and two other person s appointed by the Conference of Rulers who
hold or have held office as a judge.
-Basic role: to defend justice for everyone regardless of the status, special rights, colour, political
ideology, religion, size of organization or its influence.
- The body is guided by the Constitution itself.
- According to Tun Mohammad Suffian, the courts have 4 areas of jurisdiction:-

The power to interpret the Constitution
The power to interpret the law
The power to proclaim a written Federal or state law invalid
The power to declare a government action as invalid in the eyes of the law.

- Judge is appointed by the Yang di-Pertuan Agong on the advice of the PM, after consultation
with the Council of Rulers.
- Head of Judge is called Chief Justice.
- Attorney General is the government legal advisor.
- Judiciary Service Commission handle judiciary matters such as appointment, promotion and
allowances of legal officers.


- The judicial system can be divided into 2 levels: -


Source: http://www.kehakiman.gov.my

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- Types of Courts and their duties:











SUPERIOR
COURTS





FEDERAL COURT
The Federal Court is the highest judicial authority
in the country. It was established pursuant to
Article 121(2) of the
Federal Constitution. Its decision binds all the
courts below. Prior to 1st January 1985, the
superior courts system in
Malaysia was three-tiered, namely,
The Privy Council
The Supreme Court
The High Court Malaya and the High Court
Borneo.
The Privy Council was the highest court of appeal
for Malaysia until 31st December 1984. On 1st
January 1985, all appeals
from Malaysia to the Privy Council were
abolished. In its place, the Supreme Court was
established making it the
final court of appeal in the country. The
abolishment of appeals to the Privy Council
resulted in a change from the
three-tiered system of superior courts to a two-
tiered system, which was the Supreme Court and
the two (2) High Courts.
In 1994, a significant change took place in the
Judiciaryw hen Parliament amended the Federal
Constitution. With the amendment, the Court of
Appeal was established. The Supreme Court was
renamed the Federal Court. As a consequence,
the three-tiered system of the superior courts was
restored.
The Federal Court is headed by the Chief
Justice. Prior to the amendment the post was
known as the Lord President.
Members
According to Article 122(1) of the Federal
Constitution, the Federal Court shall consist of
the Chief Justice, the President of the Court of
Appeal, the two Chief Judges of the two High
Courts and seven other judges.
Appointment of Judges
Article 122B of the Federal Constitution provides
for the appointment of the Chief Justice, the
President of the Court of Appeal, the Chief
Judges of the High Courts and the other judges

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of the Federal Court by the Yang di-Pertuan
Agong, acting on the advice of the Prime
Minister, after consulting the Conference of
Rulers. Before tendering his advice, the Prime
Minister shall, except for the appointment of the
Chief Justice, consult the Chief Justice.
Appointment of Additional Judges Article 122(1A)
of the Federal Constitution, allows the Yang di-
Pertuan Agong, acting on the advice of the Chief
Justice, to appoint any person who has held high
judicial office in Malaysia to be an additional
judge of the Federal Court. This appointment
may be for such purposes or for such period as
may be determined by the Yang di-Pertuan
Agong.
Composition
Every proceeding in the Federal Court is
according to section 74 of the Courts of
Judicature Act 1964, heard and disposed off by
three judges or such greater uneven number of
judges as the Chief Justice may in any particular
case determine. In the absence of the Chief
Justice the most senior member of the Court
shall preside.
Article 122(2) of the Federal Constitution
provides that the Chief Justice, if he considers
that the interests of justice so require, may
nominate a judge of the Court of Appeal other
than the President of the Court of Appeal to sit as
a judge in the Federal Court.
Sittings
The Court sits on such dates and at such places
as the Chief Justice may from time to time direct.
Normally the Federal Court sits at the Palace of
Justice in Putrajaya. However the Federal Court
also goes on circuit to the major towns of
Penang, Ipoh, Kota Bharu, Johor Bahru, Alor
Setar, Kuantan, Malacca, Kuching and Kota
Kinabalu (section 75 of the Courts of Judicature
Act 1964).
Jurisdiction
Article 121(2) of the Federal Constitution confers
the Federal Court with the following jurisdiction
(a) to determine appeals from decisions of the
Court of Appeal, of the High Court or a judge

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thereof;
(b) such original or consultative jurisdiction as is
specified in Articles 128 and 130; and
(c) such other jurisdiction as may be conferred by
or under federal law.
Criminal Appeals
The Federal Court may subject to section 87 of
the Courts of Judicature Act 1964 hears and
determines appeals against decisions of the
Court of Appeal relating to any criminal matter
decided by the High Court in the exercise of its
original jurisdiction.
Civil Appeals
Section 96 of the Courts of Judicature Act 1964
provides that an appeal against the decision of
the Court of Appeal may be made to the Federal
Court with with the leave of the Federal Court.
Leave is only granted if
(a) the decision of the Court of Appeal is in
respect of any civil cause or matter decided by
the High Court
in exercise of its original jurisdiction where it
involves a question of general principle of law
decided for the
first time or a question of importance upon which
further argument and a decision of the Federal
Court would
be to public advantage; or
(b) the decision of the Court of Appeal is as to the
effect of any provision of the Federal Constitution
including
the validity of any written law relating to any such
provision.
(section 96(a) and (b) Courts of Judicature Act
1964).
Original
The Federal Court has the exclusive jurisdiction
to determine
(a) any question whether a law made by
Parliament or by the Legislature of a State is
invalid on the ground

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that it makes provision with respect to a matter
with respect to which Parliament or, the
Legislature of the
State has no power to make laws; and
(b) disputes on any other question between
States or between the Federation and any State.
(Article 128(1) of the Federal Constitution).
Referral
The referral jurisdiction of the Federal Court is
provided for in Article 128(2) of the Federal
Constitution which reads
Without prejudice to any appellate jurisdiction of
the Federal Court, where in any proceedings
before another court a question arises as to the
effect of any provision of this Constitution, the
Federal Court shall have jurisdiction (subject to
any rules of court regulating the exercise of that
jurisdiction) to determine the question and remit
the case to the other court to be disposed of in
accordance with the determination.
Advisory
The advisory jurisdiction of the Federal Court is
provided for in Article 130 of the Federal
Constitution which reads
The Yang di-Pertuan Agong may refer to the
Federal Court for its opinion any question as to
the effect of any provision of this Constitution
which has arisen or appears likely to arise, and
the Federal Court shall pronounce in open court
its opinion on any question so referred to it.








SUPERIOR
COURTS


SPECIAL COURT
Constitution
The Special Court was established pursuant to
Article 182 of the Federal Constitution to hear
any action civil or criminal instituted by or against
the Yang di-Pertuan Agong or any of the nine
Malay Rulers.
However, by Article 183 of Federal Constitution
no action, civil or criminal, shall be instituted
against the Yang di-Pertuan Agong or any of the
Rulers of States in respect of anything done or
omitted to be done by him in his personal

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capacity except with the consent of the Attorney
General personally.
Members
Article 182(1) of the Federal Constitution
provides that the Special Court shall consist of
the Chief Justice of the Federal Court, who shall
be the Chairman, the Chief Judges of the two
High Courts and two other persons who hold or
have held office as judges of the Federal Court or
the High Court appointed by the Conference of
Rulers.
Jurisdiction
Article 182(3) of the Federal Constitution
stipulates that the Special Court has an exclusive
jurisdiction to try all offences committed in the
Federation by the Yang di-Pertuan Agong or any
of the Rulers of the States and all civil cases by
or against the Yang di-Pertuan Agong or any of
the Rulers of the States notwithstanding where
the cause of action arose.
In addition to its exclusive jurisdiction, the Special
Court also has the same jurisdiction and powers
as are vested in the subordinate courts, the High
Court and the Federal Court by the Federal
Constitution.
Proceedings
The procedure (including the hearing of
proceedings in camera) in civil or criminal cases
and the law regulating evidence and proof in civil
and criminal proceedings, the practice and
procedure applicable in any proceedings in any
subordinate court, the High Court and the
Federal Court shall apply in any proceedings
before
the Special Court. The proceedings of the
Special Court is decided by the opinion of the
majority of the members.
Finality of decision
The decision of the Special Court is final and
conclusive and
cannot be challenged or called into question in
any court on any ground.

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Sittings
The Special Court may sit at the premises of the
Federal Court located at the Palace of Justice,
Putrajaya Wilayah Persekutuan on such dates
and at such times as the Chief Justice may from
time to time appoint.









SUPERIOR
COURTS


COURT OF
APPEAL
The Court of Appeal was established in 1994. It
has
(a) the jurisdiction to determine appeals from
decisions
of a High Court or a judge thereof; and
(b) such other jurisdiction as may be provided for
under any federal law.
(Article 121(1B) of the Federal Constitution).
As from 1st January 2002 the number of judges
was increased to fifteen by order of the Yang di-
Pertuan Agong (Article 122A(1) Federal
Constitution).
Members
Article 122A(1) of the Federal Constitution
provides that the Court of Appeal shall consist of
the President of the Court of Appeal and fifteen
Court of Appeal judges.
Appointment of Judges
Article 122B (2) and (4) of the Federal
Constitution provides that the President
of the Court of Appeal and the Court of Appeal
judges shall be appointed by the Yang di-Pertuan
Agong acting on the advice of the Prime Minister,
after consulting the Conference of Rulers. Before
tendering his advice the Prime Minister shall
consult the Chief Justice and the President of
Court of Appeal.
Composition
Proceedings in the Court of Appeal are heard
and disposed of by a panel of three judges or
such greater uneven number of judges as the
President of the Court of Appeal may determine
(section 38 Courts of Judicature Act 1964). In
accordance with Article 122A(2) of the Federal

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Constitution a judge of a High Court may sit as a
judge of the Court of Appeal where the President
of the Court of Appeal considers that the interests
of justice so require. The judge shall be
nominated for the purpose by the President after
consulting the Chief Judge of that High Court.
Sittings
The Court of Appeal sits at the Palace of Justice
in Putrajaya, Wilayah Persekutuan. However, the
President may, when he deems expedient, direct
that any appeal proceeding be heard at any time
and in any place in Malaysia (section 39 of the
Courts of Judicature Act 1964).

Final Court
The Court of Appeal is the final court of appeal
on matters decided by the High Court in its
appellate or revisionary jurisdiction (sections 87
and 96 of the Courts of Judicature Act 1964).
Jurisdiction
Criminal
The Court of Appeal has the jurisdiction to hear
and determine any criminal appeal against any
decision by the High Court
(a) made in the exercise of its original jurisdiction;
and
(b) in the exercise of its appellate or revisionary
jurisdiction on any criminal matter decided by the
Sessions Court.
However, if it is an appeal from a decision of the
High Court exercising its appellate or revisionary
jurisdiction on any criminal matter that originated
from a Magistrates Court then no further appeal
to the Court of Appeal is permissible without
leave of the Court of Appeal and such appeal
must be confined only to questions of law which
may have arisen in the course of the appeal or
revision and the determination of which by the
High Court has affected the event of the appeal
or revision (section 50(1) & (2) Courts of
Judicature Act 1964).

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Civil
The Court of Appeal has the jurisdiction to hear
and determine appeals from any judgment or
order of any High Court in any civil cause or
matter, whether made in the exercise of its
original or of its appellate jurisdiction, subject to
any written law regulating the terms and
conditions upon which such appeals are brought
(section 67 of the Courts of the Judicature Act
1964). However, no appeal shall be brought to
the Court of Appeal in the following cases
(a) if the amount or value of the subject matter of
the claim is less than RM250,000/- except with
the leave of the Court;
(b) the judgment or order is made by consent of
parties;
(c) the judgment or order relates to costs only;
and
(d) where by virtue of any written law the
judgment or order of the High Court is final.
No appeal shall lie from a decision of a Judge in
Chambers in a summary way on an interpleader
summons, where the facts are not in dispute,
except with leave of the Court (section 68 Courts
of Judicature Act 1964).
Specialized Panels
As appeals to the Court of Appeal are on the
upsurge each year, sittings of the Court have
also been increased. In order to expedite the
disposal of appeals specialized panels have been
constituted. The panels are as follows
Criminal Panel
Commercial Panel
Civil Panel
Interlocutory Panel
Leave to Appeal Panel
Prerogative Writs Panel
Registry
The principal registry of the Court of Appeal is
located at the Palace of Justice, Putrajaya,
Wilayah Persekutuan. It is headed by a Registrar
and assisted by Deputy and Senior Assistant

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Registrars. Although all appeals from the High
Courts are filed in the respective High Courts
they are registered in the Court of Appeal
Registry at the Palace of Justice in Putrajaya.




SUPERIOR
COURTS

HIGH COURT
In Malaysia there are two High Courts having
coordinate jurisdiction and status, that is the High
Court in Malaya and the High Court in Sabah and
Sarawak. The High Court in Malaya consists of a
Chief Judge and forty-seven judges whilst High
Court in Sabah and Sarawak consists of a Chief
Judge and ten judges. (Articles 121(1) and
122AA(1) of the Federal Constitution).
Appointment of Judges
The judges are appointed under Article 122B (2)
and (4) of the Federal Constitution by the Yang
di-Pertuan Agong, acting on the advice of the
Prime Minister after consulting the Conference of
Rulers. Before the Prime Minister tenders his
advice to the Yang di-Pertuan Agong, the Prime
Minister shall consult the Chief Justice and the
Chief Judge of that Court. A person is qualified
for appointment as a judge of any High
Courts if he is a citizen and for the 10 years
preceding his appointment he has been an
advocate of those courts or has been a member
of the judicial and legal service of the Federation
or of the legal service of a State. The
appointment of a judicial commissioner is
provided for under Article 122AB of the Federal
Constitution. A judicial commissioner who is
appointed by the Yang di-Pertuan Agong on the
advice of the Prime Minister after consulting the
Chief Justice shall have the same powers and
enjoy the same immunities as if he had been a
judge of the High Court.
Sittings
The High Courts sit at such times and at such
places as the Chief Judges shall from time to
time appoint (section 19 of the Courts of
Judicature Act 1964).
Jurisdiction
Criminal
The High Court has jurisdiction to try all offences
committed

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(a) within local jurisdiction;
(b) on the high seas on board any ship or on any
aircraft registered in Malaysia;
(c) by any citizen or any permanent resident on
the high seas on board any ship or on any
aircraft;
(d) by any person on high seas where the offence
is piracy
by the law of nations; and
(e) offences under Chapter VI of the Penal Code
and those
offences of extra-territorial in nature.
(Section 22 of the Courts Judicature Act 1964).
The High Court may pass any sentence allowed
by law (section 22(2) of the Courts of Judicature
Act). Cases involving capital punishment are tried
in the High Court. However, under special
circumstances cases not involving capital
punishment may
be heard in the High Court on the application by
the Public Prosecutor (section 418A Criminal
Procedure Code).
Civil
The High Court has jurisdiction to try all
proceedings where
(a) the cause of action arose;
(b) the defendant or one of several defendants
resides or has his place of business;
(c) the facts on which the proceedings are based
exist or are alleged to have occurred; or
(d) any land the ownership of which is disputed is
situated,
within the local jurisdiction of the Court and
notwithstanding anything contained in section 23
of the Courts of Judicature Act 1964, in any case
where all parties consent in writing within the
local jurisdiction of the other High Court.
The High Courts also have specific jurisdiction

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including
(a) jurisdiction under any written law relating to
divorce, matrimonial causes, bankruptcy or
companies;
(b) the same jurisdiction and authority in relation
to matters of admiralty as is had by the High
Court of Justice in England under the United
Kingdom Supreme Court Act
1981;
(c) jurisdiction to appoint and control guardians of
infant and generally over the person and property
of infants;
(d) jurisdiction to appoint and control guardians
and keepers of the person and estates of idiots,
mentally disordered persons and persons of
unsound mind; and
(e) jurisdiction to grant probates of will and
testaments and letters of administration of
estates of deceased persons leaving property
within the territorial jurisdiction of the Court and to
alter or revoke such grants.
(Section 24 of the Courts of Judicature Act 1964).
Appellate
The High Court has the power to hear appeals
from the subordinate courts. However not all
decisions of the subordinate courts are
appealable to the High Court. No appeal shall lie
to the High Court from a decision of a
subordinate court in any civil cause or matter
where the amount in dispute or the value of the
subject matter is ten thousand ringgit or less
except where it involves a question of law
(sections 26-29 of the Courts of Judicature Act
1964).
Revisionary Power
The High Court may exercise powers of revision
in respect of criminal proceedings and matters in
the subordinate courts in accordance with any
law for the time being in force relating to criminal
procedure. The High Court may call for and
examine the record of any civil proceedings
before any subordinate court for the purpose of
satisfying itself as to the correctness, legality or
propriety of any decision recorded or passed, and

1l\ II11 1.|.;s|.a \|a1|-s J

as to the regularity of any proceedings of any
such subordinate court (sections 31 and 32 of the
Courts of Judicature Act 1964).
Specialization
The courts in Malaysia are heading towards
specialization. This move is fuelled by the desire
to provide the best service to the public, in the
form of dispensing justice fairly, speedily and
effectively. In the major towns where there are
two or more High Court judges, specialization
had already taken place.
Specialization in the Kuala Lumpur High
Courts
In the High Court in Malaya at Kuala Lumpur,
specialization is done by categorising the High
Court into Criminal, Civil, Commercial, Appellate
and Special Powers and Family Divisions.

(i) Criminal Division
The Criminal Division hears cases in the exercise
of its original, appellate or revisionary jurisdiction
on any criminal matter from the subordinate
courts.
(ii) Civil Division
The Civil Division hears among others, actions on
foreclosure, tort and contracts for services.
(iii) Commercial Division
The Commercial Division hears among others,
admiralty, insurance, companies winding-up,
agency, banking, intellectual property and
Specific Relief Act cases. There is further
specialization in the Commercial Division, in that,
all Islamic Banking (Muamalat) cases are heard
by a judge in this Division, who in addition, also
hears other commercial cases.
(iv) The Appellate and Special Powers
Division
The Appellate and Special Powers Division hears
appeals from the subordinate courts, cases under
the Legal Profession Act 1976 and judicial review
of administrative actions and under specific Acts.

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(v) Family Division
Formerly, the Family Court was part of the Civil
Division. Now, it is a Division by itself and hearing
matrimonial cases under the Law Reform
(Marriage and Divorce) Act 1976.
Deputy Registrars and Senior Assistant
Registrars
High Court judges are assisted by Deputy
Registrars and Senior Assistant Registrars who
are appointed under section 10 of the Courts of
Judicature Act 1964, by the Yang di-Pertuan
Agong, on the recommendation of the Chief
Justice. The Deputy Registrars and Senior
Assistant Registrars hear interlocutory matters in
Chambers, do research for the judges, and also
perform administrative duties, such as
overseeing
the running of their respective courts registries.










SUBORDINATE
COURTS

SESSIONS COURT
A Sessions Court has the jurisdiction to hear both
criminal and civil cases. At present there are
eighty seven Sessions Court judges throughout
Malaysia.
Appointment
A Sessions Court judge is appointed by the Yang
di-Pertuan Agong on the recommendation of the
respective Chief Judges
(section 59 of the Subordinate Courts Act 1948).
Sittings
The court sits everyday except on public
holidays.
Jurisdiction
Criminal
A Sessions Court has the jurisdiction to try all
offences other than offences punishable with
death. Except for the sentence of death, a
Sessions Court may pass any sentence including
natural life sentence (sections 63 and 64 of the
Subordinate
Courts Act 1948).

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SUBORDINATE
COURTS



MEGISTRATES
COURT
The Magistrates Courts have jurisdiction to hear
both criminal and civil cases. At present there are
one hundred and fifty one Magistrates throughout
Malaysia.
Appointment
For the Federal Territory, magistrates are
appointed by Yang di-Pertuan Agong on the
recommendation of the Chief Judge. In each of
the States, magistrates are appointed by the
State Authority on the recommendation of the
respective Chief
Judges (section 78 of the Subordinate Courts Act
1948). Sittings The court sits everyday except on
public holidays.
Jurisdiction
Criminal
A First Class Magistrate has jurisdiction to try all
offences for which the maximum sentence does
not exceed ten years imprisonment or with fine
only (section 85 of the Subordinate Courts Act
1948).
Civil
A First Class Magistrate has the jurisdiction to
hear all actions and suits of a civil nature where
the amount in dispute or value of the subject
matter does not exceed RM25,000.00 (section 90
of the Subordinate Courts Act 1948).





SUBORDINATE
COURTS



COURT FOR
CHILDREN
A Court for Children was established under the
Child Act 2001. Section 2 of the Act defines
Child as a person under the age of eighteen
years, and for the purposes of criminal
proceedings, means a person who has attained
the age of ten.
Composition
The Court shall consist of a magistrate and shall,
as the case may require, be assisted by two
advisors (section 11(2) Child Act 2001).
Sittings
No person shall be present in any sitting of this
court except among others members and officers

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of the court and the children who are parties to
the case including their parents or guardians
(section 12 of the Child Act 2001).
Sentence or Orders
If a child is found guilty of an offence, he shall not
be imprisoned, but among others, may either be
sent to an approved school or released on bail.
For capital offences, the child shall be detained in
prison at the pleasure of the Ruler (sections 91-
97 of the Child Act 2001).

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STRUCTURE OF ADMINISTRATION AT FEDERAL LEVEL

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ADMINISTRATION AT STATE LEVEL

THE EXECUTIVE RULING THE STATE
Ruler / Sultan or Yang Dipertua Negeri (Head of State / chief executive)
Sultan Selangor, Perak, Pahang, Johore, Kelantan, Kedah, Trengganu
Yang Dipertuan Besar Negeri Sembilan
Raja Perlis
Yang Dipertuan Negeri Melaka, Penang, Sabah, Sarawak


His action based on the act on advice principle. His roles: -

1. The appointment of the Menteri Besar
2. The refusal to assent to the request for dissolving the State Legislative Assembly
3. The request for the Rulers Council to meet to discuss the special rights, position, sovereignty
and supremacy of the rulers or issues pertaining to religious acts, practices and ceremonies.
4. Whatever duty as head of the Islamic religion or Malay customs.
5. The appointment of the heir or queen, the acting ruler or the Acting Rulers Council.
6. The appointment of people holding ranks, titles, honours and designations according to Malay
customs and determining the duties concerned.
7. Making rules relating to the royal audience hall and the palace.
**Sultan can grant pardon or postpone sentences.


+
State Executive Council
Headed by Menteri Besar / Chief Minister
State Executive Council Peninsular Malaysia
Cabinet Sabah
Supreme Council - Sarawak
Roles:- form policies, implements them, advisor to the Ruler or Yang Dipertuan Negeri

THE LEGISLATIVE draw up laws of the state
The State Legislative Assembly (one house)
Sultan/ruler or Yang Dipertua Negeri
+
Members of State Legislative Council

(Chosen in election + 3 appointed (State Secretary, State Legal Advisor, State Finance Officer)

State List Islamic laws, land, agriculture, forestry, local government, local services, state public
works, state government machinery, state public holidays.

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ADMINISTRATIVE MACHINERY AT STATE LEVEL
To carry its administrative functions, state governments in Peninsular Malaysia have entrusted
the duties to the District Offices which in turn delegate the tasks to several mukims.
In Sarawak the state is divided into divisions and each division is divided into districts. Each
division is headed by a Resident, while districts are headed by a District Officer as in Peninsular
Malaysia. Sabah is divided into several residencies administered by residents. At district level the
district officer is the Chief Administrator.
Other posts at state level are filled by state officers except for certain posts allocated to Federal
Officers who are seconded. In states formerly known as Non-Federated Malay States all posts as
district officers and assistant district officers are held by federal officers assigned to the areas.
The posts are considered Administrative and Diplomatic Services posts (PTD) or Malay Civil
Services posts. The Malay Civil Services are federal services in states formerly known as the
Federated Malay States. Similar services are also available in other states and known as the
State Civil Services. The Malay Civil Services are now known as the General Administrative
Services.
Departments
Government Departments at state level are divided into two, namely state department and
branches of federal departments. State departments are divided into two, namely state
departments which are responsible to the state governments and state departments which are
responsible to both the state and federal departments.
State Departments in Peninsular
Malaysia
State departments which are responsible to the state government carries out state administration.
Important departments which are included in this category are State Secretary Office, State
Financial Office, State Legal Advisor's Office and State Economic Planning Unit.
State Departments in Sabah and Sarawak
Sabah and Sarawak has more state departments as a result of the 1963 Malaysia Agreement
giving both the states more power than those given to states in Peninsular Malaysia. However
due to integration process most of the departments have slowly been taken over by the Federal
Government.
The main state departments in Sabah and Sarawak which are still under the responsibilities of the
state governments are similar to those in Peninsular Malaysia. The differences are that the main
departments in Sabah are known as the Chief Minister's Office and the State Secretary Office in
Sarawak are not directly responsible for matters pertaining to civil services like the State
Secretary Office in Peninsular Malaysia. In Sarawak the task is carried out by the State
Establishment Office.
Federal Department Branch
Federal department branches such as State Education Department and State Immigration
Department are the responsibility of the Federal Government although they are subjected to
coordination efforts of the State Administration. To meet the state needs, head of branches would

1l\ II11 1.|.;s|.a \|a1|-s :

be invited to committee meetings of State Government Council and State Action Council besides
becoming a member of the State Development Committee and other state committees. The
branches in Peninsular Malaysia are of the same status of those in Sabah and Sarawak.
Commissions
Similar to federal government, the state governments could also set up permanent and special
temporary commissions. Members of commissions are appointed by the Malay Rulers or Yang di-
Pertua Negeri on the advice of the Menteri Besar and Chief Ministers. All states except Negeri
Sembilan, Perlis, Melaka and Pulau Pinang have State Public Services Commissions which are
responsible for appointment to public services in the states. In the case of states without Public
Services Commission, appointments to state posts are the responsibility of the Federal Public
Services Commission.
Federal Secretary Office and Federal Financial Office
The Government has recreated the post of Federal Secretary and Federal Financial Officer for
the states of Sabah and Sarawak. The main duties of the federal secretary are to coordinate and
carry out administrative duties of government departments and public corporations in the states
concerned. The officer is also responsible for strengthening relations between the federal
government and state governments.
The federal financial office is also responsible to the Ministry of Finance in carrying out financial
duties such as examining the budgets of federal agencies in Sabah and Sarawak. The objective
of establishing the office is to expedite the decision making process, without having to consult its
headquarters in Kuala Lumpur.
Public Corporations
The Public Corporations in the states include statutory and non-statutory Similar to the federal
government, state bodies which belong to the state governments. The relations of these bodies
with the state governments and the state main agencies are similar to relations between the
federal public corporations and the federal government as well as the central agencies.
Other public corporations at state levels are branches of federal public corporations. Similar to
branches of federal departments, the corporations are responsible to the Federal Government but
subjected to coordination efforts of the state administration.
State Administration
In Peninsular Malaysia, administrations of the states are carried out at state, district, mukim and
kampung levels.
Districts
All states are divided into districts or provinces. Most of the development projects planned at
federal and state levels are implemented at district level. The administrative machinery at district
level is the District and Land Office which is headed by a District Officer. The office is responsible
for land administration as well as District Council administration and development activities
management apart from coordinating the activities of all government agencies at that level. Most
of the federal departments and agencies have branches at district level.

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Mukim
A district is divided into mukim which is headed by civil servant known as "penghulu" (penggawa
in Kelantan). At this level there are few departments and corporations with its own branches such
as sub-health centres. The main
role of a penghulu is to assist the District and Land Office as well as other government agencies
in carrying out development programmes and projects, and to coordinate development activities
at kampung level under his care.
Formerly, the post of penghulus were hereditary and sometimes filled by local residents who were
influential in the area. At present penghulus are appointed by the State Public Service
Commission and selected based on the former's academic qualifications and abilities. They are
now regarded as civil servants.
Kampung
The lowest administrative machinery is kampung which is headed by a "Ketua Kampung" or
Village Head known as "Penghulu" in Kelantan. A "Ketua Kampung" is appointed by the State
Government and given allowances. They are not regarded as a public servant but as
representative of the state government and local residents. The main role of the "Ketua
Kampung" is to assist in the implementation of the government development projects. As
Kampung are regarded as part of government administrative machinery, the Ketua Kampung's
role is to assist the government agencies in determining the most suitable sites for development
projects.
A Ketua Kampung carries out an important tasks being the Chairman of the Village Development
and Security Committee (JKKK). Heads of government departments at district levels are also
invited to the JKKK meetings. The establishment of the committees are Imperative to enable the
local residents to play an active role in village planning and development programmes. The
committees also help to unite kampung under the administration of mukim, districts and states to
expedite development process and find solution to problems.
In Sabah, administration is divided into two levels, namely district and kampung levels. At district
level the District Officer is the head. Besides Assistant District Officers, he is also assisted by
"Ketua Daerah" who is responsible for all the administrative aspects related to racial group affairs.
Each racial group in a district is headed by a Native Chief or Ketua Anak Negeri who is
responsible to the Ketua Daerah. All of them are regarded as civil servants. Like Ketua Kampung
in Peninsular Malaysia, the village heads in Kampung in Sabah are not regarded as a civil
servant.
In Sarawak the administration is divided into four levels, namely division, district, small district and
kampung.
Planning and Implementation System at State Level
The planning and implementation system at state levels is similar to the federal level and involve
[in] the formulation of policies as well as planning, implementation, coordination and reviewal.

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THE STATE ADMINISTRATIVE MACHINERY

The State Government Department

State Public Service Commission
Federal Public Service Commission (Melaka, Penang, Negeri Sembilan, Perlis)


Coordination between the State and Federal Government

2 levels: -
1
st
Level: the National Land Council, the National Finance Council, National Council for Local
Government
2
nd
Level: the Special Committees

District, Mukim and Village Administration

Local Government (devolution- handing down power)

Town Council, District Council
Administration and management of district or local settlement itself
Can make quick and fast decision for the interest of the local inhabitants esp. on facilities
and social services (cleanliness, beautification, recreation, business, the supervisory control
of buildings, construction and maintenance of roads)
The public can involve in managing their own affairs and interests

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Part 4: Government Premier Policy
DEVELOPMENT PLAN AND VISION

SOCIAL DEVELOPMENT
Comfortable life basic service facilities such as health, education, clean water supply, electricity
and transportation.

ECONOMIC DEVELOPMENT
Increase in national or per capita income or the monthly income of a citizen.
Foundation of social development and prosperity

ATTITUDE DEVELOPMENT
Attitude change is often the foundation of the first step to achieve economic changes.

NATIONAL DEVELOPMENT POLICY

Before Independence
- Divide and Rule Policy
- Economic dualism
- Rural vs urban
- Traditional Economy vs Modern Economy
- East Coast vs. West Coast
- RIDA (Rural Industrial Development Authority), 1951 not actively promoted, budget
used to solve problem of communist during Emergency Period.
After Independence
A. First Malayan Plan (1956-1960)
B. Second Malayan Plan (1961-1965)
C. First Malaysia Plan (1966-1970)
D. Outline Perspective Plan 1 (1971-1990)
- Second Malaysia Plan (1971-1975)
- Third Malaysia Plan (1976-1980)
- Fourth Malaysia Plan (1981-1985)
- Fifth Malaysia Plan (1986-1990)
E. Outline Perspective Plan 2 (1991-2000)
- Sixth Malaysia Plan (1991-1995)
- Seventh Malaysia Plan (1996-2000)
F. Outline Perspective Plan 3 (2001-2010)
- Eighth Malaysia Plan (2001-2005)
- Ninth Malaysia Plan (2006-2010)
Objective: National Unity through socio-economic development
***5 Year Development Plan Mid-Term Review


FIRST MALAYAN PLAN TO FIRST MALAYSIA PLAN ,1955 -1970
- Rural development
- Improve living standard of the rural society provide facilities for infrastructure.
- FELDA Federal Land Development authority
- FELCRA Federal Land Consolidation and Rehabilitation Authority
- Small farmers and landless had the chance to earn living

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OUTLINE PERSPECTIVE PLAN 1, 1971 1990, NEW ECONOMIC POLICY

Strategies to eradicate poverty: -
a. Modernize the living conditions of the lower income group
b. Expand employment opportunities regardless of ethnic group
c. Encourage participation in high productivity such as business, industries and
services
d. Improve the productivity of the poor

Strategies to restructure society: -
a. Raise the peoples ownership in private sector by 30% total equity UDA, PNB
and ASN
b. Build a business society among the
Bumiputeras
c. Developed areas that have remained backward but high in potential
d. Enhance education opportunities
*** Privatization and Incorporated Policies.
OUTLINE PERSPECTIVE PLAN 2, 1991 2000, NATIONAL DEVELOPMENT POLICY
- Create a fairer and more united Malaysian Society
- Objectives
a. To enhance the OPP 1
b. To accelerate the elimination of poverty and restructuring society
c. To achieve a developed status by 2020.
d. New Dimensions of National development.
To reduce poverty
To create a commerce society and industrial Bumiputera.
To promote the involvement of private sectors in the restructuring society
To develop Human Resources.
OUTLINE PERSPECTIVE PLAN 3, 2001 2010, NATIONAL VISION POLICY
- Basic Principles: -
a. To build an enduring nation by fostering unity and patriotism, enhancing political
maturity, building a caring and tolerant society, as well as inculcating positive
values and upgrading the quality of life and the strength of the economy
b. To create an equitable society through eradicating poverty and reducing
imbalances between ethnic groups and territories
c. To sustain high economic growth by strengthening in financial and corporate
sectors and macro-economic management
d. To improve competitiveness to face the challenges of globalization and
liberalization
e. To develop a knowledge-based economy as a strategic step to increase value
added to all economic sectors and also to optimize national thinking capacity
f. To stabilize the development of human resource to produce a productive and
knowledgeable work force with potentials and capabilities
g. To continue sustained development of the environment for the purpose of long
term development

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VISION 2020
- 30 years plan
- Sixth and Seventh Malaysia Plans are the gateway and the first 10 years to Vision 2020.
- The policy was announced in 1991 at the inaugural Malaysian Business Council meeting. The
objective to help Malaysia achieve a developed nation status by the year 2020.
- By the year 2020, Malaysia is hope to achieve a united nation, with a confident Malaysian
society, infused by strong moral and ethical values, living in a society that is democratic, liberal
and tolerant, caring, economically just and equitable, progressive and prosperous, and in full
possession of an economy that is competitive, dynamic, robust and resilient.
- The 9 identified challenges to achieve Vision 2020:-

1
st
challenge - to establish a united Malaysian nation
2
nd
challenge - to create psychologically liberated, secure and developed Malaysian
Society
3
rd
challenge - to foster and develop a mature democratic society
4
th
challenge - to establish a fully moral and ethical society whose citizens are strong
in religious and spiritual values
5
th
challenge - to establish a matured, liberal and tolerant society
6
th
challenge - to establish a scientific and progressive society
7
th
challenge - to establish a full caring society and a caring culture
8
th
challenge - to ensure economically just society
9
th
challenge - to establish a prosperous society


ECONOMY-BASED POLICY

A. NATIONAL AGRICULTURE POLICY
- NAP1 (1984-1991), NAP2 (1992-1997), NAP3 (1998-2010)

B. NATIONAL INCOPORATION POLICY
- A company that is joint venture between the private and public sector
- Economic decline 1980s

C. NATIONAL PRIVATIZATION POLICY
- 1983, to support National Incorporation Policy
- The Federal Government Management expenditure: RM2,875 million (1970), RM21,030
million (1980), RM31,296 million (1991)
- Definition: the transfer of government services and enterprises to the private sector
"because companies and services owned and managed by (the) government have been
less successful or have run at a loss because the government's management methods
differ greatly from those of the private sector".
- Objectives : - To cut the number of public sector personnel
- Reduce the financial and administrative burden of the government
- Promote competition and improve efficiency
- Stimulate private entrepreneurship
- Encourage investment
- Reduce the size and presence of public sector
- Some projects under privatization policy are:
- STMB (TV3) - 1983
- North South Highway project - 1986
- The Bakun Dam - 1994
- Malaysia Airlines System, Telekom Malaysia Berhad, Tenaga Nasional Berhad,
Pos Malaysia.

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D. NATIONAL INDUSTRIALIZATION POLICY
- Strengthen the domestic and foreign economy

E. THE LOOK EAST POLICY
- The objective - an attempt to change the mind-set of Malaysians, particularly amongst
the Malays not to continue looking-up to the West, namely Britain, a country that
according to Mahathir had lost its glory.
- The Buy British Last policy announced in December 1981. Soon after the
announcement, the Look East policy was announced in February 1982. It seeks to
emulate the work ethics of the Japanese and to a certain extent, South Koreans. Hard
work and diligence key to the Japanese phenomenal economic success.
- Some of the implementations under this policy are the introduction of punch card, the
use of nametag, the establishment of Quality Control Department, the concept of Cleanliness,
Efficiency and Trustworthiness and the concept of Leading By Example.

F. THE HEAVY INDUSTRIES POLICY
- Inspired by Japan and South Korea Heavy Industry policy was introduced. For
example, the establishment of HICOM and the Proton Car Project.
- Heavy industries would bring substantial benefits to the economy in terms of
technology, skills and numerous developments and will lead Malaysia to become an
industrialized society.



SOCIALLY-BASED POLICIES

A. NATIONAL INTEGRATION POLICY
- National Unity Department
- Social activities

B. NATIONAL CULTURAL POLICY

C. THE POLICY OF APPLYING ISLAMIC VALUES IN THE ADMINISTRATION
- A set of eleven values for public service employees: trustworthiness, discipline,
responsibility, cooperation, sincerity, morality, dedication, cleanliness, moderation,
gratitude to God and diligence
- IKIM, Islamic Bank, Takaful, YPEIM

D. NATIONAL WOMENS POLICY
- National Advisory Council On Integration of Women In Development (NACIWID),
PMs Dept 1976
- NWP, 1989 Department of Social Development (KEMAS), FELDA, NGO, National
Council for Womens Organization (NCWO), Womens Institute (WI), Organization of
Action for Muslim Women (PERTIWI)
- HAWA (Hal Ehwal Wanita) upgraded to Womens Affairs Division in the Ministry for
National Unity and Social Development, 1/1/1990
- RM20 million allocation for HAWA began in 6
th
Malaysia Plan


ERA OF SCIENCE AND TECHNOLOGY

A. NATIONAL SCIENCE AND TECHNOLOGY POLICY
- April 1986. 6
th
challenge of Vision 2020

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- Encourage the use of S&T as a tool to develop the economy for the countrys
prosperity and sovereignty; and improve the peoples physical condition and
wellbeing
- RM414 million in 5
th
MP. 6
th
MP R&D in agriculture, industry, strategic and
medicine
- Research Institutes MARDI, PORIM, RRIM, UPM (agriculture)

B. THE MULTIMEDIA SUPER CORRIDOR (MSC)
- Malaysia has created the MSC a world-first, world-class act to help companies of
the world test the limits of technology and prepare themselves for the future. The MSC
will also accelerated Malaysias entry into the Information Age, and through it, help
actualize Vision 2020.
- Physically, the MSC is a 15 by 50 km Greenfield corridor which includes,Technology
Park Malaysia, the Petronas Twin Towers, the Kuala Lumpur International Airport, and
two of the worlds first smart cities : Putrajaya (the administrative capital of Malaysia
where electronic government will be introduced) and Cyberjaya ( an intelligent city with
multimedia industries, R & D centers, a Multimedia University and operational
headquarters for multinationals wishing to direct their worldwide manufacturing and
trading activities using multimedia technology)


EDUCATION REFORMS: AIMS AND PROCESSES

A. NATIONAL EDUCATION POLICY

It replaced the colonial education system to elevate the spirit of Malaysians after the
Independence.
It was embodied in the Education Ordinance, 1957 and was born through the Razak
Report (1956) and the Rahman Talib Report (1960).
The National Education Policy focus on the development, the creation of a national
identity and national unity.
Thus, it became the arena for shaping a country according to the local model.
Objective: a) to set up a system of education that can fulfill the nations
need and encourage cultural, social, economic and political development
(Education Act 1961).
b) Integrate multi racial schoolchildren and prepare a work
force for the needs of the economy.
c) Fulfill the countrys manpower needs in the short and long
terms as well as produce a society that is united, disciplined and trained.
d) To achieve the objective of the National Educational
Philosophy to produce human beings with knowledge and character,
balanced and harmonious for peace and prosperity.

Its underline several particulars:
a) The same syllabus is used in all schools
b) Use the Malay language as the main medium of interaction in all schools and higher
education institution.
c) All text books must be on Malaysian background
d) Increase the vocational and technical education
e) Prepared primary school base on the New Curriculum for Primary Schools (KBSR) 1983.
f) Prepared secondary school base on the New Curriculum for Secondary School (KBSM)
1989.
g) Smart School Information Technology. 1999- 85 schools converted to Smart Schools.
Expected 2010 all schools.

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MALAYSIAN FOREIGN POLICY

Determinants of Foreign Policy

Eco-historical or background sources
Geopolitical factors or external sources
Internal sources domestic influences
Idiosyncratic sources leadership factor influence that come from the individual or personality
traits of policy makers


Basic Aims

regionalism and regional cooperation would be the cornerstone of our foreign policy. Second
that we would follow a foreign policy of strict non-alignment, and third, that we would seek to have
friendly relations with as many countries as possible and strengthen our links with those countries
with whom we have common interests Malaysian Foreign Policy seeks to avoid tension, to
strengthen international cooperation and to bring about greater awareness of the common
interest of every country in a peaceful, just and sincere international order.
Allahyarham Tun Hj. Abdul Razak bin Hussein

Three main elements of MFP
A policy of non-alignment
A policy of regional cooperation
A policy of supporting the United Nations and its agencies
Along with these three basic aims go the maintenance of special ties with other Islamic
nations and with the nations of Commonwealth

Priorities
According to Mohd. Azhari Karim (INTAN), Malaysia has chosen to prioritize the extent of its
foreign relations by geography and by the grouping of the countries: first the ASEAN countries,
second the countries of OIC, third the Non-aligned Nations, and fourth the Commonwealth
countries These priorities have remained unchanged in the evolution of our foreign policy from
1957 till today.

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1. ASEAN (regional cooperation)

- ASEAN stand for (Association of Southeast Asian Nations).
- ASEAN was formed on August 1967 at Bangskok, Thailand. Members of ASEAN are Indonesia,
Malaysia, Philippines, Singapore and Thailand in 1967. But now, Brunei (1984), Vietnam (1995),
Laos & Myanmar (1997) and Cambodia (1999) are also members of ASEAN.
- Formation of ASEAN based on the need of regional cooperation. The aims of ASEAN are: -
1. To accelerate the economic growth, social progress and cultural development in
the region through joint endeavor and partnership in order to strengthen and lay
the foundation for a prosperous and equal community of South-East Asian
nations.
2. To promote regional peace and stability.
3. To promote active collaboration and mutual assistance in matters of common
interest in the economic, social, cultural, technical, scientific and administrative
fields.
4. To collaborate effectively for the greater utilization of agriculture and industry, the
expansion of trade including the problems of international commodity trade, the
improvement of transportation and communications facilities and the raising of
living standards of the people.

- It should be noted that from the outset ASEAN was strictly non-military, and was designed to
foster economic, social and cultural cooperation and progress between the member states. In the
economic sphere in particular, it was hoped that the association would be able to liberalize trade
between member states, harmonize economic policies, and implement regional projects which
could attract the aid of international bodies like IMF, etc
- In Kuala Lumpur Declaration 1971, ASEAN set a goal of ZOPFAN (Zone of Peace, Freedom
and Neutrality). In other words, South-East Asia as a neutral zone free from interference of the
Great Powers. The concept of a neutralized South-East Asia is one of the most important
initiatives of Malaysian Foreign Policy and Malaysia was in fact the prime mover behind the Kuala
Lumpur Declaration.
- On January 1992, AFTA (ASEAN Free Trade Area) was established. The ultimate objective of
AFTA is to increase ASEANs competitive edge as a production base geared for the world
market. A critical step in this direction is the liberalization of trade in the region by eliminating
intraregional tariffs and nontariff barriers. Liberalization will result in making ASEANs
manufacturing industries more efficient and more competitive in the global market. At the same
time, consumers will be encouraged to source goods from other efficient producers in ASEAN,
thus expanding intra-ASEAN trade.



2. OIC (Organization of Islamic Conference)

- This organization was formed in 1969. The members of this organization are mostly Muslim
countries including Malaysia and at present the headquarters is located at Jeddah, Saudi Arabia.
- The formation of this Islamic Conference is to promote co-operation and understanding among
members, so that, they can upgrade the economic position and Islamic society in all aspects
including culture, social, economy and education.
- Our first Prime Minister, Tunku Abdul Rahman Putra al-Haj, was the first OIC secretary general.
- OIC has Islamic Unity Fund. The goal is to give financial assistance to any Muslim Countries in
the name of developments. For example, OIC give financial support to poor countries like Mali,
Senegal and Gambia.
- OIC also involve in issue like Bosnia-Herzegovina. OIC sent military assistance to Bosnia-
Herzegovina as well as medical aids.

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3. Non-Alignment Policy

- The Non-Aligned Movement first came into being at Belgrade with the objectives of peace,
freedom, justice and development.
- Malaysia was formally accepted as a member Non-Aligned Movement in 1969.
- An essential feature of the policy of non-alignment: is the established of good relations with all
power blocs. For this reason Malaysia worked to establish good relations with Communist China,
on the basis that China did not attempt to interfere in the domestic affairs of our country. This aim
achieved fulfilment in 1974 when Malaysia extended diplomatic recognition to China and Tun
Abdul Razak met the late President Mao Tse-Tung in Peking. Malaysia was the first Southeast
Asian country outside the Communist bloc to establish diplomatic relations with Communist
regime in China.
- South-south cooperation is a strategic programme for strengthening friendly ties among
members of the Movement of Non-aligned Countries specifically in the aspect of protection of
trade, banking and finance, price fixing and commodities, industry, information exchange,
investment and technical cooperation.

4. Malaysia as a member of the Commonwealth of Nations

- On gaining independence in 1957, Malaya and Britain had signed mutual Defence Agreement,
which was deemed necessary in view of the Emergency; the unresolved problems of Singapore;
and the vague policies of President Sukarno of Indonesia. In addition to the above, Malaya
decided to become a member of the Commonwealth groups of Nations.

- Members of Commonwealth share two things in common: -
1) The nations of the Commonwealth grew out of the old British Empire

2) All the nations recognize the British sovereign as the Head of the Commonwealth.
- Colombo Plan is one important organization that has affected Malaysia and the Commonwealth
nation in this region.

- Colombo Plan stands for Co-operative Economic Development in South and Southeast Asia.
The plan aims to have cooperative effort from the countries of South and Southeast Asia by
taking part to develop their economies and raise the living standards of their people. The member
countries inside the region are Malaysia, Indonesia, Thailand, Philippines, India, Pakistan, Sri
Lanka, Myanmar, Kampuchea, Nepal, Laos, South Vietnam, Korea, Bhutan, the Maldives Islands
and Afghanistan. Member countries outside the region are Australia, Britain, Canada, New
Zealand and the United States.

- The Colombo Plan was formed as a result of incidents that took place during the post Second
World War period. Many new nations emerged as independent countries such as India, Pakistan
and Sri Lanka. However, independence did not solve the economic problems facing by these new
nations (1950s). The high rate of population growth is the key factor. The fluctuations in the prices
of export commodities create yet another problem. In addition to these, the economic
development is being hindered by the weather, internal strike, inflation and the lack of skilled
workers. Per capita income is still low and insufficient supplies of foodstuffs still exist. Therefore,
the Colombo Plan tries to solve these problems as much as possible. Member countries help one
another through discussions and experiences and also through capital and technical aids.
- For example, Malaysia received financial assistance of $2 million per year for five years
payment for development projects in Sabah and Sarawak. Furthermore, the projects that received
aid were the East-West Highway, Technical College, the use of modern equipment for paddy
farming and research etc.

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5. Malaysia and the United Nations

- Malaysia becomes the member of UN since 17
th
September 1957.Malaysia is a devoted
supporter of the United Nations. For instance, Malaysia joined UN peacemaker group in some
security missions like crisis in Congo, Namibia, Iran and Iraq War, Bosnia-Herzegovina and
Timor-Timor, Indonesia.
- Main objectives of UN are: -
1) Keep International Peace
2) Check aggression by collective means
3) Develop friendly relations between nations based on the principle of equality for all
4) Solve other international problems
5) Respect fundamental freedom of human rights
6) Be the central meeting of all nations

- The headquarters of the UN is in New York. The official languages are Chinese, English,
French, Russian and Spanish.
- Malaysia plays an important role in promoting many international issues. For example,
Apartheid Policy in South Africa, Antarctic Issue etc
- Malaysia also plays an important role under the UN councils such as the issue of Drug Abuse.
Dato Seri Dr. Mahathir Mohamed has been appointed as the Chairman of Drug Abuse
Conference in Austria, June 1987. In addition, Dato Seri Anwar Ibrahim (Minister of Education)
has been appointed as Chairman in 1989 for UNESCO.
- There are 13 special organizations, which are closely related to the United Nations. These
bodies have special functions to deal with problems faced by people all over the world. They are
composed of parties who are independent from politics and are constantly in touch with the world
body through Economic and Social Council. Some of the organization are: FAO (Food and
Agricultural Organization), UNESCO (United Nations Educational Scientific and Cultural
Organization), WHO (World Health Organization), ILO (International Labour Organization).
- UN is not without its weaknesses. For example, the problems of financial aid that highly depend
from the UN members. Sometimes they might decline to contribute financial assistance for certain
projects if the projects against their ideologies. Similarly, UN also failed to accomplish his duty to
guarantee international peace, because not all members want to give full co-operation. The Big
Power (i.e. Big Five USA, Russia, Britain, China and France) always abuses the veto powers.

Conclusion
Malaysia has been successfully in making its presence felt and has played its relevant role in its
relations with the rest of the world because of the wise foreign policy, which the country has
followed since its establishment.