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11. PROTECTORATE TREATY OF 1888

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Agreement between British Government and Rajah Charles Brooke, 5th December, 1888

Whereas Charles Brooke, Esquire, Rajah and lawful Ruler of the State if Sarawak, in the Island of Borneo, has represented to Her Majesty’s Government the desire of that State to be placed under the protection of Her Majesty the Queen, under the conditions hereinafter mentioned; it is hereby agreed and declared as follows:-

ARTICLE I 

The State of Sarawak shall continue to be governed and administered by the said Rajah Brooke and his successors as an independent State under the protection of Great Britain; but such protection shall confer no right on Her Majesty’s Government to interfere with the international administration of that State further than is herein provided.

ARTICLE II

In case any question should hereafter arise respecting the right of succession to the present or any future Ruler of Sarawak, such question shall be referred to Her Majesty’s Government for decision.

ARTICLE III

The relations between the State of Sarawak and all foreign States, including the State of Brunei and North Borneo, shall be conducted by Her Majesty’s Government, or in accordance with its directions; and if any difference  should arise between the Government of Sarawak and that of any other State the Government of Sarawak agrees to abide by the decision of Her Majesty’s Government, and to take all necessay measures to give effect thereto.

ARTICLE IV 

Her Majesty’s Government shall have the right to establish British Consular officers in any part of the State of Sarawak, who shall receive exequaters in the name of the Government of Sarawak. They shall enjoy whatever Privileges are usually granted to Consular officers,  and shall be entitled to hoist the British flag over their residences and public officers.

ARTICLE V

British subjects, commerce, and shipping shall enjoy the same rights, privileges and advantages as the subjects, commerce and shipping of the most favoured nation, as well as any rights, privileges, abd advantages which may be enjoyed by the subjects, commerce and shipping of the State of Sarawak.

ARTICLE VI

No cession or other alienation of any part of the territory of the state of Sarawak shall be made by the Rajah or his successors to any foreign State, or the subjects or citizens therefore, without the consent of Her Majesty’s Government; but this restriction shall not apply to ordinary grants or leases of lands or houses to private individuals for the purposes of residence, agriculture, commerce or other business.

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