Abstract
On September 16, 1963, before a huge crowd in Merdeka Stadium in Kuala Lumpur, Tunku Abdul Rahman, till then prime minister of Malaya, handed the flag of the new Federation of Malaysia to his Army captain son, who slowly hoisted it aloft, marking the birth of Asia’s newest nation. The formation of Malaysia out of the separate political entities of Malaya, Singapore, Sarawak and Sabah (British North Borneo) also marked the overcoming of frequently grave misgivings on the Tunku’s part. But now, with the creation of the Federation having become its premier, Rahman vowed to defend “the sovereignty and independence of Malaysia together with our new brothers” in Singapore, Sarawak and Sabah, “for all time.”1 One hundred and one pigeons were symbolically released from their cages in Merdeka stadium that day, but most of the birds, probably confused by their surroundings, fluttered uncertainly and soon returned to the ground. Not just the superstitious were filled with foreboding that the new state also might be unable to soar aloft. In a little less than two years these forebodings began to be proven true. On August 9, 1965, the state of Singapore, after a prolonged political crisis between its premier Lee Kuan Yew and the Tunku’s own party, left the Malaysian Federation (evicted would perhaps be better word for it), and new, strong secessionist tendencies at once became apparent in Sarawak and Sabah as well.
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The discussion of Malaysian constitutional provisions in the following paragraphs is based on a comparison of: (1) the Constitution of the Federation of Malaya, (2) the Constitutions of the eleven states of the Federation of Malaya, (3) the modifications of 1 and 2 made by the Malaysia Act of July 9, 1963 agreed to by the United Kingdom, the Federation of Malaya, Singapore, North Borneo (Sabah) and Sarawak, and (4) the Constitutions of Singapore, Sabah and Sarawak. The text of (1) appears in Malayan Constitutional Documents (second edition, Government Press, Federation of Malya, 1962, s.l.) vol. 1, pp. 19-172, and of (2) in volume 2 of the same book, passim. For (3) see the complete text in Malaysia. Agreement Concluded Between the United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore (Cmd. 22 of 1963), (Government Printing Office, Singapore, s.a.), pp. 1-79, or in Federation of Malaya. Act of Parliament no. 26 of 1963. Malaysia Act (Kuala Lumpur 1963). For (4) see the complete texts in Malaysia, op. cit., (Cmd. 22 of 1963), pp. 80-106 (Sabah), pp. 107-130 (Sarawak), and pp. 131-172 (Singapore). For general commentaries see L. A. Sheridan, Malaya and Singapore, the Borneo Territories; the Development of their Laws and Constitutions (London, 1961), and Harry Groves, The Constitution of Malaysia (Singapore, 1964). See also S. M. Huang-Thio, “Constitutional Discrimination under the Malaysian Constitution”, Malaya Law Review, vol. 6 (1964), pp. 12–15.
Cited in Radin Soewarno, “Malay Nationalism, 1896–1941,” Journal of Southeast Asian History, vol. 1 (March 1960), no. 1, p. 13. I have relied heavily on this perceptive essay in the following two paragraphs dealing with the nationalist movement in Malaya.
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© 1967 Martinus Nijhoff, The Hague, Netherlands
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van der Kroef, J.M. (1967). Communism in its Malaysian Setting. In: Communism in Malaysia and Singapore. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-0499-7_1
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DOI: https://doi.org/10.1007/978-94-015-0499-7_1
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