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Public Service Commissions in the Federation of Malaya

Published online by Cambridge University Press:  23 March 2011

Robert O. Tilman
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Extract

It is an essential feature of merit bureaucracy that there must exist within the institutional framework of government some method of guaranteeing that fixed standards of recruitment, promotion, and discipline are applied without discrimination to all members, or potential members, of the public services. In the Federation of Malaya, as in most Commonwealth countries, institutional machinery intended to satisfy this requirement of merit bureaucracy takes the form of public service commissions. It is the purpose of this study to trace the development of these institutions in Malaya, to outline briefly the organization, composition, and procedures of the commissions, to point out social and political factors in Malaya which affect the application of the principles underlying the institutional machinery, and to comment on the future of the service commissions in the Federation.

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Articles
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The Journal of Asian Studies , Volume 20 , Issue 2 , February 1961 , pp. 181 - 196
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Copyright © The Association for Asian Studies, Inc. 1961

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References

The author is Executive Secretary to the Committee on Commonwealth Studies of Duke University. He wishes to record his indebtedness to the Social Science Research Council and the Duke University Commonwealth-Studies Center, under whose auspices he did field work in the Federation of Malaya and Singapore during 1959–1960.

1 See States, Federated Malay, Correspondence Respecting the Federation of the Protected Malay States (Taiping, Perak: Government Press, 1896), p. 9.Google Scholar

2 The title has varied. The post was “Resident-General” through 1910; during the period 1911–1935 the title was changed to “Chief Secretary,” although the duties of the office remained virtually unaltered. However, the responsibilities, prestige and salary of the post were reduced in 1935, and it was renamed “Federal Secretary,” a title that continued until the creation of the Malayan Union, when it again became “Chief Secretary.”

3 After 1927 the enacting clause attached to legislation of the Federal Council was changed from “Rulers of the Federated Malay States in Council” to “Rulers of the Federated Malay States by and with the advice and consent of the Federal Council.” A discussion of the legal implications of this change is not within the scope of the present study.

4 The official attitude of the British Government toward the locus of sovereignty in these Unfederated Malay States is well demonstrated in Duff Development Company, Ltd. v. Government of Kelantan [House of Lords, A.C. 797 (1924)] where the contention of the Government was accepted that Kelantan, being an independent state, was entitled to sovereign immunity.

5 In the 1959 elections the Pan-Malayan Islamic Party (P.M.I.P.) was able to capture a majority in only two of the Federation's eleven states, Kelantan and Trengganu.

6 Great Britain, Rules and Orders, 1946, vol. I (London: His Majesty's Stationery Office, 1947), pp. 543–571, “Malayan Union Order in Council, 1946” [No. 463 of 1946]Google Scholar. For an explanation of the Order in Council, see Great Britain, Colonial Office, Malayan Union and Singapore: Statement of Policy on Future Constitution (London: His Majesty's Stationery Office, 1946) [Cmd. 6724]Google Scholar; and Great Britain, Colonial Office, Malayan Union and Singapore: Summary of Proposed Constitutional Arrangements (London: His Majesty's Stationery Office, 1946) [Cmd. 6749]Google Scholar. The Malayan Union virtually erased state boundaries; however, most distasteful to the Malay elite were liberal citizenship provisions that created a Malayan Union citizenship for which most Chinese could qualify.

7 On the MacMichael mission, see Sir Harold MacMichael, Report on a Mission to Malaya (Kuala Lumpur: Government Press, 1946). The MacMichael treaties granted “full power and jurisdiction” to His Majesty the King of England. [See clause 2 in each of the nine treaties, which are reprinted in ibid., appendix II.] Pursuant to these treaties the Malayan Union was established.

8 For the text of the proposals at this stage see Malayan Union, Government Gazette, December 24, 1946.

9 Federation of Malaya, The Federation of Malaya Agreement, 1948 (Kuala Lumpur: Government Press, 1948 [reprinted 1956]).Google Scholar

10 See Great Britain, Statutory Instruments, 1948, vol. I, part 1 (London: His Majesty's Stationery Office, 1949), pp. 1231–1339, “Federation of Malaya Order in Council, 1948” [no. 108 of 1948]Google Scholar. There was actually a series of agreements. The Federation of Malaya Agreement was similar in form to a multi-lateral treaty, while there was also necessitated a number of agreements of a bi-lateral nature between Great Britain and the rulers of the various states individually. As a last resort the High Commissioner had an absolute veto over legislation and could declare in force bills unpassed by the Legislative Council; similarly, although advised by the Federal Executive Council, he was not obligated to act on such advice. In practice, the High Commissioner's broad powers were seldom invoked.

11 Great Britain, Colonial Office, Organization of the Colonial Service (London: His Majesty's Stationery Office, 1946), p. 9.Google Scholar

12 Malayan Union and Singapore, Public Services Salaries Commission of Malaya [Sir Harry Trusted, Chairman], Report (Kuala Lumpur: Government Press, 1947), especially pp. 12, 13.Google Scholar

13 “Puisne Judge” is used technically by the Judicial and Legal Service to describe the posts of senior judges in the Federation, of which there are nine appointments at the present time.

14 Trusted Commission, Report, p. 13.

15 The motion was introduced in March 1948. See Federation of Malaya, Legislative Council (First Session), Proceedings (Kuala Lumpur: Government Press, 1951), pp. B74–B78.Google Scholar

16 Federation of Malaya, Legislative Council (Seventh Session), Minutes and Council Papers, Paper No. 9 of 1954, “Establishment of a Public Service Commission,” (Kuala Lumpur: Government Press, 1954)Google Scholar. The future role of a public service commission in connection with recommended Whitley Councils was discussed briefly in another Report of the period; however, the chief topic was Whitleyism and little attention was devoted to service commissions. See Haimes, W. J., Report to His Excellency the Officer Administering the Government, Sir Donald MacGillivray (Kuala Lumpur: unpublished, dated May 29, 1953), paragraphs 74–77.Google Scholar

17 Ibid., paragraph 5. In the public services of the Federation of Malaya there is a horizontal stratification (Divisions I-IV) superimposed upon the vertical functional services. Thus, Division I posts are filled by the senior administrative, professional, and technical officers, while Division IV posts represent the most menial jobs in the public services.

18 ibid., paragraph 7.

19 (a) The Chief Justice of the Federation, the Attorney-General, a Judge of die Supreme Court, and the Solicitor-General;

(b) any office of which the holder is ex-officio a member of the Executive Council for the Federation or a member of the Government of the Federation of Malaya;

(c) appointments in the Staff Grades A and B of the Malayan Civil Service;

(d) first appointments to the Malayan Civil Service whether by promotion or recruitment;

(e) any office or rank (other than a civilian office) in any Naval, Military or Air Force constituted by or raised under any written law;

(f) any office or rank of a member of any Police Force constituted or raised under any written law.

20 See Federation of Malaya, Report of the Public Services Commission for the years 1957 and 1958 (Kuala Lumpur: Government Press, 1960), p. 16Google Scholar. The Constitution [Article 146 (1)] requires that the service commissions shall lay before both Houses of Parliament annual reports. The first of such reports, of which the above Report is one, were presented in mid-February 1960. [Each of these Reports, after first citation, will appear in abbreviated form.]

21 Public Service Appointments and Promotions Board, Report for the Year Ending December 1936 (Kuala Lumpur: unpublished), pp. 9–10.Google Scholar

22 Federation of Malaya, Legislative Council (Eighth Session), Proceedings (Kuala Lumpur: Government Press, 1956), pp. B573, B680–690.Google Scholar

23 ibid., p. B684. [Speech by Inche Mohamed Rashid.]

24 Federation of Malaya, Second Legislative Council (First Session), Minutes and Council Papers (Kuala Lumpur: Government Press, 1957), Paper No. 6 of 1956, “Report of the Federation of Malaya Constitutional Conference Held in London in January and February 1956,” pp. 3–10.Google Scholar

25 ibid., p. 10.

26 Although the Commission completed its deliberations late in 1956 and communicated pertinent decisions regarding the service commissions to authorities of the Federation, the Report was not published until February 1957. [See Great Britain, Colonial Office, Report of the Federation of Malaya Constitutional Commission 1957 (London: Her Majesty's Stationery Office, 1957), especially Chapter VIII.]Google Scholar

27 The Chairman and one member (Sir Ivor Jennings) were appointed by the United Kingdom. Australia selected a former Governor-General, Sir William McKell; India sent a former Chief Justice of the Allahabad High Court, B. Malik; and Pakistan nominated Abdul Hamid, a Justice of the West Pakistan High Court. (The Canadian appointee was forced to withdraw at the last moment due to illness.) The high quality of their collective effort reflects the individual competence of the Commission members.

28 Although members of the Railway Service are recognized as public servants, it was decided that a separate Commission should be established. See Federation of Malaya, Constitutional Proposals (Kuala Lumpur: Government Press, 1957), p. 15.Google Scholar

29 At the same time the Police Service Commission was reconstituted similar to the Armed Forces Council and was renamed the Police Forces Commission. [At the time of writing, these amendments have not been Gazetted. For the text of the initial bill, see Federation of Malaya, A Bill intituled An Act to Amend the Constitution of the Federation (Kuala Lumpur: Government Press, 1960).]Google Scholar

30 ibid., article 32 (I) (c) and (f). “Joint public services” is defined by the Constitution [Article 133(1)] as services “common to the Federation and one or more of the States … or to two or more States.…” As yet no “joint public services” have been formed.

31 ibid., article 139(1). Thus far three states have requested the jurisdiction of the Public Services Commission. [See Federation of Malaya, State of Pahang, Public Services Commission (Extension of Jurisdiction) Enactment, 1958 (Pahang No. 9 of 1958); Federation of Malaya, State of Perlis, Public Services Commission (Extension of Jurisdiction) Enactment, 1958 (Perlis No. 7 of 1958); and Federation of Malaya, State of Negri Sembilan, Public Services Commission (Extension of Jurisdiction) Enactment, 1959 (No. 5 of 1959).]

32 These provisions are contained in the Eighth Schedule, Part I. The states have been requested, although they are not required, to incorporate these provisions into their state constitutions with a view to standardizing state constitutional law throughout the Federation.

33 Public service commissions have been established in Johore, Selangor, and Perak. In addition, Kelantan and Trengganu have a joint service commission.

34 The Yang di-Pertuan Agong is the titular head-of-state, whose executive powers, for all practical purposes, are exercised only on the advice of his Prime Minister.

35 To remove a judge of the Supreme Court the Yang di-Pertuan Agong must receive the remommendation for such removal from a special ad hoc tribunal presided over by the Chief Justice and composed of at least five judges or former judges of the Supreme Court (or persons who have held equivalent offices in any Commonwealth country). See Article 125(3), (4).

36 Article 144(1).

37 These additional duties, which have greatly increased the work of the Commission, were assigned to the Public Service Appointments and Promotions Board in 1956 [see Public Service Appointments and Promotions Board, Report for the Year Ending 31st December 1956 (Kuala Lumpur: unpublished), p. 6] and apparently devolved automatically upon the Board's successor, the Public Services Commission. Strictly ospeaking, these duties are extra-constitutional since they were not assigned by federal law, the rationale for them being that—in the case of training awards—officers will return qualified for higher posts, and, in the case of scholarships and bursaries, most of these recipients will eventually enter government service. Added to this is the simple fact that the machinery necessary for handling a large task was conveniently ready at hand.

38 See Public Services Commission Report … 1957 and 1958, pp. 4–6; Federation of Malaya, Report of the Police Service Commission for the Years Ending 31st December 1957 and 1958 (Kuala Lumpur: Government Press, 1960), p. 5Google Scholar; and Federation of Malaya, Report of the Activities of the Judicial and Legal Service Commission for the Years Ending 31st December 1957 and 1958 (Kuala Lumpur: Government Press, 1960), p. 5Google Scholar. [The Railway Service Commission has yet to publish an annual report.]

39 For these procedures in detail, see Federation of Malaya, The Public Services Commission, The Judicial and Legal Service Commission and the Police Service Commission (Kuala Lumpur: Government Press, 1956) [General Circular No. 2 of 1956], pp. 1–8.Google Scholar

40 See Rasiah Munusamy v. The Public Services Commission, High Court of Kuala Lumpur, Originating Motions 2/59 and 3/59 (unpublished). This case involved a request for a writ of mandamus to compel the Public Services Commission to reinstate one Rasiah Munusamy to the position of Assistant Passport Officer, Federation Overseas Service, from which he had been removed after it came to be known that he did not in fact possess the requisite qualifications for the post. The case was complicated by several legal technicalities and by an earlier criminal suit brought by the Government against Munusamy, a charge on which Munusamy was acquitted, but again on legal technicalities. [See Public Prosecutor v. Rasiah Munusamy, Kualu Lumpur Summons Case No. 1 of 1958 (unpublished); and Public Prosecutor v. Rasiah Munusamy, The Supreme Court of the Federation of Malaya in the High Court at Kuala Lumpur, Criminal Appeal No. 11 of 1958 (unpublished).] Although the actions of the Commission were upheld in this case, obiter dicta of the Court clearly indicated that it felt itself competent to review the manner by which the Commission arrived at its decisions. Pointing out that certain procedures in disciplinary matters are detailed in the Constitution [Article 135(2)] the Court commented that “any action by the Commission in contravention of the Article must be constitutionally invalid. … In such cases, certiorari can and must issue to quash the order, because it is the right and the duty of the Court to maintain the rule of law and declare invalid any transgression of the limits of the constitution.” [O.M. 2/59 and 3/59, p. 9.]

41 See Purcell, Victor, The Chinese in Malaya (New York, 1948), chapters II-VGoogle Scholar; and Ginsburg, Norton and Roberts, Chester F. Jr., Malaya (Seattle, 1958), pp, 243–249.Google Scholar

42 According to the most recent census [Federation of Malaya, Department of Statistics, 1957 Population Census, Report No. 1 (Kuala Lumpur: Department of Statistics Press, 1958), p. 1Google Scholar], the population of the Federation is 6,278,763. Of this number, 3,126,706 are Malaysians (49.8%); Chinese, 2,332,936 (37.2%); Indians, 695,985 (11.1%); and others, 123,136 (1.9%). “Malaysian” is defined by the Report as including “all persons of Malay, Indonesian or Aboriginal races,” while the category “‘Indians’ does not include Pakistanis and Ceylonese, who are included in ‘others.’“

43 According to the 1957 census [ibid., pp. 36–61], of the eight cities exceeding 50,000 population, Chinese are in the majority in all.

44 Ginsburg and Roberts, Malaya, pp. 254–265.

45 Interest in Malayan politics and government, based on the observations of the author, seems keenest among Chinese who have received English-language educations, and weakest among those who have attended the vernacular schools. The author, once when questioning an intelligent and educated, but non-English–speaking, Hainanese girl, received several answers that—if perhaps exhibiting greater political naivete than many such interviewees—was at least not a typical of the general nature of the response. When asked about the role of the Yang di-Pertuan Agong, she failed to comprehend at first who he was or what he did. After the author had carefully explained that he was the ‘King’ of Malaya, she promptly replied: “the ‘King’? Oh, that's Malay; it's no concern of mine.”

46 On this complex question see Purcell, Victor, The Chinese in Southeast Asia (London, New York and Toronto: Oxford University Press, 1951), Part V and Appendix IVGoogle Scholar; Purcell, Victor, Malaya: Communist or Free? (Stanford, California: Stanford University Press, 1954)Google Scholar; and Pye, Lucian, Guerrilla Communism in Malaya (Princeton: Princeton University Press, 1956), especially Part III.Google Scholar

47 The Constitution provides that the Yang di-Pertuan Agong, whose responsibility it is “to safeguard the special position of the Malays and the legitimate interests of other communities” [Article 153(1)], in order to “ensure the reservation for Malays of such proportion as he may deem reasonable of positions in the public services” [Article 153(2)], may therefore “give such general directions as may be required for that purpose to any Commission” and the commission “shall duly comply with the directions.” [Article 153(3).]

48 There are some 300 members of the Malayan Civil Service and about 175 officers of the External Affairs Service. The total monthly-salaried bureaucracy of Malaya is approximately 70,000.

49 The term is not self-defining. As currently used it is applied to the program enunciated in 1956 whereby expatriate officers (usually British) serving in the public services of the Federation are replaced on payment of fixed scales of compensation by Malayan officers according to a pre-arranged schedule. [Policy matters regarding Malayanization are enunciated in Federation of Malaya, Malayanization of the, Public Service: A Statement of Policy (Kuala Lumpur: Government Press, 1956)Google Scholar; and Federation of Malaya, Report of the Committee on the Malayanization of the Public Service (Kuala Lumpur: Government Press, 1956)Google Scholar. For procedural and financial details, see Federation of Malaya Agreement, 1948, Tenth Schedule, as amended 1956, contained in Federation of Malaya, The Federation of Malaya Agreement (Amendment No. 4) Ordinance, 1956 (Kuala Lumpur: Government Press, 1958).]Google Scholar

50 These figures were compiled by the author from published and unpublished material provided by the Federation Establishment Office, Kuala Lumpur.

51 The Federation Establishment Office has not collected statistics of the governmental services by ethnic group since 1956, except in the case of services in which quotas are imposed. Figures appearing in this study were tallied by the author from the annual Staff Lists prepared by the Federation Establishment Office for the years ending January 1, 1957, 1958, and 1959. No List is available for 1960.

Generally speaking, the Federation Establishment contains all Division I officers serving in Federal and State posts throughout Malaya. There are a few exceptions to this generalization, but so minor as not to affect greatly the tabulations employed in this study.

52 Since figures for the Malayan Civil Service are prepared independently of the other services on the Federation Establishment, more recent information is available.

53 Superscale posts are the most senior appointments in Division I, of which there were 89 actual appointments in the M.C.S. as of January 1960.

54 In addition to the Malayan Civil Service, there are two junior administrative services—the Malay Administrative Service and the Executive Service. The former is limited exclusively to Malays while the latter is open to all communities, but is staffed primarily by non-Malays. However, even in the junior services non-Malays are at a distinct disadvantage. Promotion from the M.A.S. to the M.C.S. is permitted and is the general rule, even for personnel who are actually undcrqualified. There is no provision for promotion from the Executive Service to the M.C.S.

55 Europeans, 28.4%; Malay, 18.1%; Chinese, 28.4%; Indian, 18%; others, 7%.

56 Expatriates, 161; Malays, 150; non-Malay Asians, 174.

57 Although a lengthy subject in itself and one which is not particularly relevant to a discussion of service commissions, it is the author's conviction that the present quota system is less conducive to furthering the social and political advancement of the Malays than most Malays are willing to admit. And, viewed from a broader perspective, Malaya may find that the practice of preserving unrealistic ratios in the key services is considerably more harmful than helpful in contributing to the total development of the nation.

68 One superscale officer entered the M.C.S. in 1954.

59 On the Public Services Commission are three Malays, one Chinese, one Indian, one Eurasian and one European. The British member is Deputy Chairman, the same post he held in the Public Service Commission (Designate), and has actually been the guiding hand that has directed the course of the Commission since the period of the Public Service Appointments and Promotions Board, of which he was Chairman.