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31. SARAWAK NEW CONSTITUTION 1941

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FIRST SCHEDULE Races Now Considered Indigenous to Sarawak: Malays, Ibans, Land Dayaks, Kayans, Melanos, Klemantans, Muruts and any mixture of the above with each other.

SECOND SCHEDULE Oaths to be taken by Members of the Councils Supreme Council: I swear that I will well and truly serve His Highness the Rajah and the people of Sarawak as a member of the Supreme Counci; that I will faithfully and truly declare my Mind and Opinion according to my Heart and Conscience; that I will uphold and ever be guided by those principles of Brooke Rule set out in the preamble to the Constitution of the State of Sarawak; and that in all things I shall be a true and faithful servant of His Highness the Rajah and His Highness’s people.

Council Negri: I swear that I will serve His Highness the Rajah and the people of Sarawak as a member of the Council Negri, and that in speaking my opinion and recording my vote I will uphold and ever be guided by those principles of Brooke rule set out in the preamble to the Constitution of this State of Sarawak; and that in all things I shall be a true and faithful servant of His Highness the Rajah and His Highness’s people.

Commentary: In September 1941, the Rajah proclaimed the termination of the era of autocratic rule of the Brookes and instituted measures designed to divest himself of absolute legislative powers to bring the people to the threshold of self-government.

This Rajah Order provided for a transfer of executive power from the Rajah to the Supreme Council as the chief instrument of government. Although the Supreme Council was not directly responsible to the Council Negri, its restrained powers was to be seen in the vesting of authority in this legislative assembly to determine the expenditure of public moneys (Constitution, Section 16).

The Council Negri was formally vested with the ultimate mandate to exercise governmental power in Sarawak, subject to the procedure laid down in the Constitution. The enactment of this Constitution upset Vyner’s brother Bertram Brooke, the Heir Apparent to the Raj of Sarawak as the Rajah had no male issue, and Bertram’s son Anthony Brooke who feared that the new Constitution would empower the Rajah in Council to choose any heir he like to succeed him who found it “…repugnant to the first two Rajah’s Wills and certainly incapable of altering the Succession.” (Anthony Brooke: The facts About Sarawak 1947, page 109).

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