6. Nothing in this Order shall affect:
(a) The validity of any Order in force immediately prior to the enactment of this Order except in so far as it is repealed or amended by a future Order.
(b) The power of any person or body if persons to make any regulations or rules or by-laws, or to issue any directions or orders, vested in them by any written law, whether such law is made or enacted before or after the enactment of this Order.
7. (i) All appointments to and dismissals from the Committee of Administration shall be made by the Officer Administering the Government by and with the advice of the said Committee.
(ii) All appointments to, promotions in, and dismissal from the Senior Service of the Sarawak government shall be made by the Committee of Administration.
8. His Highness the Rajah reserves the right to enact any legislation, if the officer Administering the Government declines or is unable to undertake enactment, which is necessary to give effect to, or to disallow, within months following the enactment thereof, any legislation would result in an infringement of, the obligations and duty of His Highness the Rajah to His Britannic Majesty as set out in the Treaty dated the fourteenth day of June eighteen hundred and eighty-eight and made between the Government of Her Britannic Majesty Victoria and the Rajah of Sarawak, and such power of disallowance shall extend to any legislation which purports to repeal or to amend, either expressly or by implication, in whole or in part, this section or section 3 of this Order.
Commentary: This Order gave the Chief Secretary and the Committee of Administration the mandate to formulate the new Constitution within the next twelve months. What was remarkable was that, pending the institution of the new Constitution, it stripped the Rajah of almost all of his powers and also served as the legal barrier to any intervention by any potential successor to the Rajah.
RAJAH VYNER WANTED LOAN OF 200,000 POUNDS TO BE WRITTEN OFF
Handwritten Letter from Rajah Vyner Brooke to Archer, 6th April 1941:
Willing to come to an amicable settlement under the following conditions:
1. That MacBryan’s name should not be subject to all kinds of malicious gossips without foundations whatsoever.
2. That the loan of 200,000 pounds to myself shall be written off and not adversely commented on.
3. Peter Brooke did not receive permission to leave Sarikei, Governor should be informed by telegram.
4. Instruction to Le Gros not to discuss this matter with the Governor.
5. If committee wishes to agree to these conditions, willing to let bygones be bygones, excuse scrawl, having a drinking party.
Commentary: J B Archer was the Chief Secretary and Le Gros Clark a member of the Committee of Administration. In this handwritten note, Vyner defended his secretary MacBryan and asked for the loan of 200,000 pounds to be written off.
