9. FORMATION OF THE GENERAL COUNCIL

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Sarawak’s first legislative assembly was established in Bintulu, 8 September 1867

Firstly: The purpose of the Council is to deliberate on any matter of great importance to the population in general in the countries under Sarawak rule, or should any difficulty arise among the people about laws and customs, giving rise to hindrances and disputes; the meeting of the members and the majority of the voices may determine on one course in preference to another, and subsequently should their decision meet with the approval of the Rajah or his representatives at the head of Government, the said custom would become law, and be duly entered in the Minute Book.

Secondly: The Rajah or his representative may call the members of the council to sit in any Residency, for the purpose of laying before them any line of past or future policy or to ask their opinion upon any subject in which the interest and welfare of the people are concerned.

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Thirdly: Should any Member desire a Council to be convened for a special purpose, they are to send their request to the Head of Government with the purpose clearly specified and await the reply from the Rajah or his representative.

Fourthly: The majority of voices present in the Council shall determine any question proposed to enable it to pass preparatory to receiving the final sanction of the Rajah or his representative and should there be an equal number on each side, the casting vote remains with the Rajah or his representative.

Fifthly: Any question brought forward in the Council and passed in which the members are much divided, and with considerable uncertainty, after having receiving the Rajah’s approval, such will become law or Custom and cannot again be reopened in Council during 6 months, after which time any member may propose an amendment or alteration to it.

Commentary: The General Council, or Council Negri, assembled for the first time in Bintulu on September 8, 1867. It was presided over by Charles Brooke with five Europeans and 16 non Europeans made up of Malay and Melanau government officers, chiefs and other leaders. By 1868 there was some limited Dayak representation. In 1937 two Chinese community leaders were also invited to participate in its proceedings. Council Negri is one of the oldest legislative in Asia and its power to enact law was limited, as the Rajah continued to decree laws, sometimes after consultation with Council Negri. It wasn’t after 1941 that Council Negri was transformed by Sarawak’s new constitution promulgated by Rajah Vyner Brooke to mark 100 years of Brooke rule.

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