Separation Of Powers In Malaysia Before Independence
As we all know, the separation of powers existed even before independence in Malaysia which was the doctrine of separation of power between Straits Settlements, Federated Malay States and Unfederated Malay States during colonial period. The Federated Malay States (FMS) was an organization of four ensured states in the Malay Peninsula which is Selangor, Perak, Negeri Sembilan and Pahang and built up by the British government in 1895, which went on until 1946, when they, together with two of the previous Straits Settlements (Malacca and Penang).
The term Unfederated Malay States was the aggregate name given to five British ensured states in the Malay landmass in the principal half of the twentieth century. The states were Johor, Kedah, Kelantan, Perlis, and Terengganu. Interestingly with the four bordering Federated Malay States of Selangor, Perak, Pahang, and Negeri Sembilan, the five Unfederated Malay States needed basic organizations, and didn't shape a solitary state in worldwide law; they were in reality independent British protectorates.
From April 1867 the three deliberately found port urban communities of Penang, Malacca, and Singapore came to be governed legitimately as the British Crown Colony of the Straits Settlements, having prior been controlled as one managerial unit by the British East India Company. These ports were initially used to bolster and protect the East India Company’s lucrative shipping trading route to China and elsewhere in Asia. The main part of the world's exchange to eastern Asia went through the Strait of Malacca. Penang Island in the north of the landmass was the principal settlement to be verified through an arrangement with Kedah in the late eighteenth century. Singapore, with its even more favourable trading location in the south, followed through a treaty with the Johor Sultan in 1819. Malacca had already been surrendered by the Dutch and this arrangement was formalized through the Anglo-Dutch Treaty of 1824, which divided the Malay islands into a British zone in the north and a Dutch zone in the south. Each of the three Straits Settlements had free port status, implying that shipping and cargo could enter and leave without taxation. They filled in as a springboard for British development of control of the peninsula's Malay states.
Residential system was presented by British before the independence. This was the system of administration designed to make use of existing political set-up and institutions. It is also known as a system of indirect rule. Residents and their subordinates were appointed by the British government to the Malay states which begin in Perak, Selangor and Sungai Ujong. Their role is to advise the Sultan of these states in government. The residential system was presented by British in combined malay states which was another system to regulate the four Malay states (Perak, Selangor, NS, Pahang) to think about the most ideal approach to run these states and to advance nearer participation between them. British additionally presented the arrangement of Resident-General to control the exercises of the Residents and organize the policy of the considerable number of states. All offices were to have government heads whose obligations were to administer the work by departmental heads at the state level. In 1909, the Federal Legislative Council was presented. It was headed by the High Commissioner (The Governor of the Straits Settlement), helped by the Resident-General, the Sultans, the four state Residents and four designated unofficial members. This structure stayed until the Japanese attacked Malaya on 8 December 1941.
Also in 1909, Siam transferred to Great Britain its dominance over the four northern states of Perlis, Kedah, Kelantan and Terengganu. Treaties were signed between Great Britain and the four states, which did not, however, accept British advisers immediately. Kelantan accepted an adviser in 1910. Terengganu accepted only an agent, with carefully defined authority, and not until 1919 did it accept a regular adviser. Kedah postponed until 1923 and Perlis postponed until 1930, both demanding lawful protections against too extraordinary an extension of British power. Great Britain agreed that it would not transfer its dominance rights to another power and that territories of a state would not be merged or combined with any other without the written consent of the sultan in council.
Like Johor, however, these four states refused to join the federation for fear of losing their sovereignty. They were linked together as the Unfederated States, but only to indicate their common position outside the federation. Anglo-Siamese Treaty of 1909, Siam handed over these 4 states to Britain. British advisors appointed as Residents in these states to help govern the local political system and government.
