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The American Cyclopædia (1879)/Haldeman, S. Stehman

HALDEMAN, S. Stehman, an American naturalist and philologist, born near Columbia, Pa., in 1812. He was educated at Dickinson college, and in 1836 became assistant in the geological survey of New Jersey, and in 1837 of Pennsylvania, and discovered the scolithus lineasis, the oldest fossil then known. In 1851 he became professor of natural history in the university of Pennsylvania, and in 1855 in Delaware college, and also of geology and chemistry to the state agricultural society of Pennsylvania. He has made numerous contributions to entomology, conchology, and philology, including “Monograph of the Fresh-Water Univalve Mollusca” (Philadelphia, 1840-'45);

du genre leptoxis (in Chenu's Illustrations conchologiques, Paris, 1847); “On some Points in Linguistic Ethnology” (in “Proceedings of the American Academy,” Boston, 1849); “Zoölogy of the Invertebrate Animals” (in the “Iconographic Encyclopædia,” New York, 1850); “On the Relations of the English and Chinese Languages” (in “Proceedings of the American Association for the Advancement of Science,” 1856); and “Analytic Orthography,” which in 1858 gained in England a prize over 18 European competitors.


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18 After ome Days the Gentleman intended to go to London, and take little Tommy with him, of whom you will know more by and by, for we hall at a proper Time preent you with ome Part of his Hitory, his Travels and Adventures.

The Parting between thee two little Children was very affecting, Tommy cried, and Margery cried, and they kied each other an hundred Times. At lat Tommy thus wiped off her Tears with

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 An Eay Spelling Dcitionary for thoe who would write correctly, 1s. A Pocket Dictionary for thoe who would know the precie Meaning of all the Words in the Englih Language, 3s. A Compendius Hitory of England, 2s. The Preent State of Great Britan,2s. A Little Book of Letters and Cards, to teach young Ladies and Gentlemen how to write to their Friends in a polite, eay and elegant Manoer, 1s. The Gentleman and Lady's Key to Polite Literature, or, A Compendius Dictionary of Fabulous Hitory, 2s. The News-Readers Pocket-Book: or, A Military Dictionary 2s. A Curious Collection of Voyages, elected from the Writers of all Nations, 10 Vol. Pe. bound 1l.

A Curious Collection of Travels, elected from the Writers of all Nations, 10 Vol, Pr. bound 1l.

 By

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 Fables in Vere and Proe by Aeop, and your old Friend Woglog, 6d. The Holy Bible abridged, 6d. The Hitory of the Creation, 6d. A new and noble Hitory of England, 6d.  Philoophy for Children, 6d.  Pbiloophy of Tops and Balls, 1s.  Pretty Poems for Children 3 Foot high,6d.  Pretty Poems for Children 6 Foot high, 1s.

Littiputian Magazine, or Golden Library, 1s.

Short Hitories for the Improvement of the Mind, 1s.

The New Tetament, adapted to the Capacities of Children, 1s.

The Life of our Bleed, 1s.

The Lives of the Holy Apotles and Evangellts, 1s.

The Lives of the Fathers of the Chritian Church for the firt four Centuries, 1s.

A Concie Expoition of the Book of Common Prayer, with the Lives of its Compilers, 1s.

The Mueum for Youth, 1s

34.

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88 However, at lat he revived; but the Shock was o great, that it entirely deprived her of her Speech.

Thus loaded with Miery, and unable to bear the Slights and Didain of thoe who had formerly profeed themelves Friends, this unhappy Family retired into a Country, where they were unknown, in order to hide themelves from the World; when, to upport their Independency, the Father laboured as well as he could at Hubandry, and the Mother and Daughter ometimes got pinning and knitting Work, to help to furnih the Means of Subitence; which however was o precarious and uncertain, that they often, for many Weeks together, lived on nothing but Cabbage and Bread boiled in Water. But God never foraketh the Righteous, nor uffereth thoe to perih

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Rh perih who put their Trut in him. At this Time a Lady, who was jut come to England, ent to take a pleaant Seat ready furnihed in that Neighbourhood, and the Peron who was employed for the Purpoe, was ordered to deliver a Bank Note of an hundred Pounds to Mr. Lovewell another hundred to his Wife, and fifty to the Daughter, deiring them to take Poeion of the Houe, and get it well aired againt he came down, which would be in two or three Days at mot. This, to People who were almot tarving, was a weet and eaonable Relief, and they were all ollicitous to know their Benefactres, but of that the Meenger himelf was too ignorant to inform them. However, he came down ooner than was expected, and with Tears embraced them again and gain :

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1896.

made by the Commission in relation to the holding purchased, and the provisions of this Act referring to vesting orders shall apply and be construed accordingly.

(2.) The Land Commission shall, immediately after the vesting order or fiat, prepare and transmit to the registering authority under the Local Registration of Title (Ireland) Act, 1891, the prescribed particulars as to the holding, in order that the title of the purchaser to the ownership of the holding maybe registered pursuant to that Act.

(3.) Section thirty-four of the said Act (which relates to the correction and rectification of the register) shall extend to a vesting order or fiat as if it were the register, save that the jurisdiction of the court for the purposes of this Act shall be exercised by the Land Commission.

(4.) An agreement for purchase, a vesting order, or fiat, shall not operate to convert the interest of the purchaser into real estate.

'33.—(1.) For the 'purpose of the distribution of, or other dealing with, an advance, sections fifteen and sixteen of the Land law (Ireland) Act, 1887, and any other unrepealed enactment in the Land Purchase Acts, or this Act, relating to the redemption or rentcharges, apportionment of charges on holdings, or otherwise to the distribution of the purchase money of a holding, shall apply as if the money were the holding.

(2.) For the purpose of an agreement respecting the redemption price of any annuity, rentcharge, or rent apportioned under the said section sixteen, the court may determine the parties by whom such agreement may be made or by whom the consent may be given for the determination of the price by the court.

(3.) The said sections as amended by this section shall apply to any contingent liability for any annuity, rentcharge, or rent, in like manner as they apply to the annuity, rentcharge, or rent itself, and where any contingent liability has no appreciable value, the money may be distributed without regard to such liability.

(4.) Where any liability for any annuity, rentcharge, or rent is apportioned and redeemed out of the purchase money and a right of indemnity in respect of such liability exists, the person entitled to the purchase money shall be entitled to the proportion of the annuity, renteharge, or rent so redeemed, in like manner as if he had purchased the same, and the court, after due notice to all persons interested, shall make provision as to the future payment of such portion of the annuity, rentcharge, or rent so purchased, and as to the land to be liable thereto, and such other provisions as appear to the court necessary for carrying into effect this enactment.

34.— (1.) A holding vested in a purchaser by a vesting order under this Act shall continue to have appurtenant thereto and to be subject to, as the case may be, any previously existing order is made, easements, lights, and appurtenances; and any privilege previously in fact enjoyed, whether by permission of the landlord or otherwise, in such manner and for such time that, if the holding had belonged to a different owner from the rest of the estate, it would have been an easement or right, shall be an easement or


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260

14. We recognise that in the interim period Her Majesty's Government in the United Kingdom will continue to have direct responsibility for the external defence and external relations of the Federation, and that they will therefore retain in the Federation the forces which they consider necessary for the external defence of the territory and for the fulfilment of their Commonwealth and international obligations. To this end they will require in the Federation the facilities needed for the maintenance of those forces, which include the Commonwealth Strategic Reserve.

15. We agree that provision should be made for consultation between Her Majesty's Government and the Government of the Federation on matters arising from the stationing of United Kingdom and Commonwealth forces in the Federation. This should take the form of an understanding that, except in circumstances when immediate action would be essential, e,g. in war or a serious emergency, the Federation Government should be informed in advance of any proposed substantial changes in the size or character of the United Kingdom and Commonwealth forces in the Federation, and given an effective opportunity of making such representations as they wished. We recognise that in the discharge of their responsibility Her Majesty's Government will be bound to consider their arrangements for the defence of Malaya against the background of general defence policy, and cannot therefore undertake to make their dispositions subject to the approval of the Federation Government, whose views will however receive the fullest consideration.

16. To facilitate the handling of such matters, and to prepare the way for the time when, on the advent of full self-government, responsibility for external defence passes to the Federation Government, we agree that there shall be set up a Committee to discuss and advise on questions relating to the external defence of the Federation. The Chairman of this Committee should, in view of Her Majesty's Government's responsibility for external defence, be the High Commissioner, and its membership should include the Minister for Internal Defence and Security; the Chief Secretary and a number of other Ministers; the General Officer and Air Officer Commanding United Kingdom forces; and the senior civil servant responsible to the High Commissioner for matters of external defence. The Committee will be a temporary body, designed to meet a need peculiar to the interim period.

17. We agree that the needs of the interim period are to maintain the force at a high level of operational efficiency, particularly for the rest of the Emergency; to prepare the way for a smooth run-down of the force to normal proportions thereafter; to establish a system of administration (especially on the personnel side) suitable for continuance into the stage of full self-government and independence within the Commonwealth; and to allow due scope for a policy of Malayanisation without damage to the efficiency and morale of the force as a whole.

18. As regards operations, during the remainder of the Emergency elements of the force will form part of the resources available under the general direction of the Emergency Operations Council (see paragraph 10 above). In normal times the force will be largely self-directing, under its own professional head, since its duties are for the most part laid down by statute.

19. Operations apart, we distinguish two categories of questions affecting the police: general problems of the structure, size, organisation, powers, duties and renumeration of the force; and personnel problems, such as appointments, promotions and discipline. We recognise that the former are questions of policy and require settlement in Executive Council or by the Head of State.

20. Personnel matters, however, so far as individual members of the force are concerned, are administrative in character. Later in this Report we make recommendations in respect of the administration of personnel matters in the public service generally; these include the establishment of a Public Service Commission. There are, however, special considerations affecting the police force, and we therefore recommend that at an appropriate time there should be (31813)


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285 so deeply over the date of August, 1957, in this connection that it simply had to be accepted as the aim. The Malayan Delegation explicitly recognised, however, that this aim was almost certainly unattainable, and that it was very unlikely that full self-government could be introduced before the spring of 1958 at the earliest. Tunku Abdul Rahman firmly stated that he and his colleagues would - and could successfully - defend any delay beyond August, 1957. The composition of the Commission should help in avoiding any criticism on grounds of delay.

IV.

(1)

 * (a)

A Working Party under the Chairmanship of the Commissioner General for the United Kingdom in South East Asia will be set up as soon as possible to prepare a treaty of defence and mutual assistance between Her Majesty's Government and the Federation Government. It was agreed that the Australian and New Zealand Governments should be invited to nominate observers at its meetings. Its terms of reference are:-

"To consider and make recommendations on the detailed provisions of a Treaty of Defence and Mutual Assistance between Her Majesty's Government in the United Kingdom and the Government of an independent Federation of Malaya, bearing in mind the following general principles:-

(a) will afford to Her Majesty's Government in the United Kingdom the right to maintain in the Federation the forces necessary for the fulfilment of Commonwealth and international obligations:

(b) will continue to afford to Her Majesty's Government facilities needed in the Federation for the maintenance and support of these forces, which would include the Commonwealth Strategic Reserve:

(c) will undertake to assist the Federation in the external defence of its territory:

(d) will consult the Federation Government in regard to the exercise of their rights under the Treaty".

The intention is that the Treaty should be signed when full self government is introduced. The agreement reached in the Conference meets in full the requirements which we had set ourselves beforehand.

(b)

It was agreed that, even after the attainment of full self government, it would be essential that the present effective security intelligence machine should retain its efficiency, and also that, in view


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284
 * (b)

The Financial Secretary will be replaced by a Malayan Minister of Finance (see(3)(a) above). The Secretary for Defence will disappear and matters of external defence will be handled by the High Commissioner himself, matters of internal security being handled by the new Minister for Internal Defence and Security. The Minister for Economic Affairs (at present a member of Her Majesty's Overseas Civil Service) will be replaced by a Minister for Commerce and Industry, who may be either an unofficial or an official. The Chief Secretary and Attorney-General will continue to remain members of Her Majesty's Overseas Civil Service and to have seats in the Council.

 * (c)

There will be no significant change except in consequence of the changes noted in (b) above.

 * (d)

The British Advisers to the Rulers will be withdrawn within about a year's time. Their functions have already been overtaken by constitutional change and they no longer have an essential part to play in the administration of the Federation. There was therefore no good ground for opposition to the collective view of Their Highnesses the Rulers and Alliance Ministers that the British Advisers should be withdrawn.

III. (Annex B, paragraphs 10-22).

(1)

The proposed composition of the Commission is set out in Annex B. The Lord Chancellor very kindly agreed that Lord Reid should be invited to be Chairman and he has accepted. The United Kingdom member seems likely to be Sir Ivor Jennings, Master of Trinity Hall, Cambridge. The Governments of the other Commonwealth countries concerned are being approached through our High Commissioners with requests to suggest suitable members.

(2)

The terms of reference are set out in Annex D

There was some difficulty with the Malayan Delegation about the position of Her Majesty the Queen in relation to the British Settlements of Penang and Malacca, but the Conference ultimately recorded a clear understanding that nothing in the terms of reference should be taken to prejudge the recommendations of the Commission on this matter. It was also clearly understood by the Conference that (iv) of the terms of reference will not preclude the Commission from recommending that British subjects and subjects of the Rulers should retain their status as such even if they acquire the proposed common nationality for the whole of the Federation.

(3)

It was agreed that the Commission should be set up as soon as possible and that every effort should be made to avoid delay in the introduction of full self-government. The Alliance had committed themselves


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 of the police force and the Federation armed forces will remain with the Director of Operations. The present Director of Operations Committee will, however, be replaced by an Emergency Operations Council, with the Minister for Internal Defence and Security as Chairman and the Director of Operations among its members. A Police Service Commission will be set up to deal with appointments, promotions and discipline in the higher ranks of the police force. It will be completely free from political influence. For the administration of the Federation armed forces there will be set up, under the Chairmanship of the Minister for Internal Defence and Security, a Federation Armed Forces Council modelled upon the Army and Air Councils in the United Kingdom.

(3)  (Annex A, paragraphs 28-37).
 * (a)

The Financial Secretary, at present a member of Her Majesty's Overseas Civil Service, will be replaced by a Malayan Minister of Finance.

 * (b)

The Federation Government will continue to regulate its dollar expenditure in general conformity with the policy followed by the Sterling Area and in consultation with Her Majesty's Government.

 * (c)

This will continue on the same lines as at present.

(4)  (Annex A, paragraphs 38-61).

 * (a)

A Public Service Commission with executive authority will be set up from 1st July, 1957, to deal with appointments, promotions and discipline in the Public Service. It will be independent and free from political influence. Before that date the present Public Service Appointments and Promotions Board will remain advisory to the High Commissioner.

 * (b)

A scheme will be introduced in two phases. Until 1st July, 1957, members of Her Majesty's Overseas Civil Service will be permitted to retire on earned pension even if they have not served for the ten years normally required for pension purposes. After that date they will be free to retire when they will and entitled to lump-sum compensation in addition to their earned pension. It will also then be open to the Federation Government to dispense with an overseas officer's services on payment of the due compensation and pension. The scheme contains various other elements, but those are its main lines.

(5) (Annex A, paragraphs 62-73).

 * (a) The High Commissioner's Powers

 * See (1) above.


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282

I.

As a result of the Conference, constitutional development in the Federation of Malaya over the next few years will pass through two phases. The first phase, which the Report of the Conference refers to as "the interim period", is that before the Federation attains full self-government within the Commonwealth. The second phase is that following the attainment of full self-government within the Commonwealth. It will be convenient to deal with the conclusions and recommendations of the Conference under these two heads.

II.

(1) (Annex A, Appendix C, paragraph 32).
 * (a)
 * This remains unchanged.

 * (b)

 * The High Commissioner will in future act on the advice of the Executive Council unless he considers it expedient in the interest of public order, public faith or good government to reject their advice. Before acting contrary to their advice he must obtain the prior approval of the Secretary of State, and give the Chief Minister an opportunity to make representations to the Secretary of State,  he considers that the interests of public order, public faith or good government are too urgent, in which case he may act against the advice of the Executive Council without any prior approval. These arrangements do not apply to matters relating to external defence and external affairs, in which the High Commissioner will retain complete discretion.

(2) (Annex A, paragraphs 7-24).

 * (a)

Responsibility for external defence will remain entirely with the High Commissioner, but in order to prepare for the assumption by the Federation Government of responsibility for external defence, there will during the interim period be an External Defence Committee, including Malayan Ministers, with the High Commissioner as Chairman, to discuss matters relating to the external defence of the Federation. It will have no executive powers and will be purely advisory to the High Commissioner.

 * (b)

A Malayan Minister for Internal Defence and Security will assume responsibility for the administration of the police force and the Federation armed forces. So long as the Emergency continues, operational command


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281
 * (i) the establishment of a strong central government with the States and Settlements enjoying a measure of autonomy (the question of the residual legislative power to be examined by, and to be the subject of recommendations by, the Commission) and with machinery for consultation between the central government and the States and Settlements on certain financial matters to be specified in the Constitution;

 * (ii) the safeguarding of the position and prestige of Their Highnesses as constitutional Rulers of their respective States;

 * (iii) a constitutional (Head of State) for the Federation to be chosen from among Their Highnesses the Rulers;

 * (iv) a common nationality for the whole of the Federation;

 * (v) the safeguarding of the special position of the Malays and the legitimate interests of other communities."


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279

".... I am glad to say that Malaya has always enjoyed a good reputation in the past as a reliable and creditworthy borrower, and to affirm that it is, and will remain, the policy of the present Government to maintain that reputation."

"While I am discussing such issues ... there is another matter to which I should refer, and that is the role of overseas capital and private enterprise in the present and future development of the country. It is common knowledge that external capital and private enterprise have played a conspicuous part in the development of the Malayan economy, and it is no less than my duty at the present time of change and evolution in our political and constitutional affairs to make it clear that the Federation Government willingly recognises the contribution which overseas capital and enterprise have so made ... to the economic and social well-being of the country as a whole,"

"It is also the view of the Federation Government - and I would remind you that I speak today on behalf of the Government as now constituted - that such capital and enterprise have no less an important role to play in a new and independent Malaya of the future. It is therefore, and will remain, the policy of the Government to accord such industry and enterprise fair and considerate treatment; to foster an atmosphere in which the overseas investor who is genuinely concerned with the development on sound lines of the country's productive resources can invest and conduct undertakings in this country without fear of discrimination or unfairness; and, last but not least, to continue the present policy whereby the overseas investor can, after payment of local taxes and obligations, remit to his country, within the framework of ordinary, and reasonable Exchange Control requirements, funds for the payment of dividends and for the repatriation of his capital."

"In return, the new Government looks with confidence to those overseas enterprises which work in this country to identify themselves closely with the interests, aspirations and sentiments of the new and self-governing Malaya of the future; that is, to take example, by training young Malayans for technical and managerial posts; by re-investing in this country a reasonable proportion of profits earned in years cf prosperity; and, finally, by transferring to Malaya whenever possible the effective seat of direction of undertakings whose sole or principal seat of activity is in this country...." DB 31813/1/- 1,200 2/56 R


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278

 * "more than one of the three officers specified in Clause 23."
 * "both the officers specified in sub-clause ( 1 ) of Clause 23."

 * "three"
 * "two"

 * "thirty two"
 * "thirty three"

 * "The Members shall be the Chief Secretary and the Attorney General."

 * , "seven Members"
 * "eight Members"
 * "eight Members"

 * "more than one of the three officers"
 * "both the officers"

(31813)


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277

"31. The High Commissioner shall he entitled, and any member of the Federal Executive Council shall, in respect of matters within his responsibility, also be entitled, to submit questions to the Federal Executive Council. Such member shall, when submitting such question, give notice thereof to the High Commissioner,"

"32.
 * (1) The High Commissioner shall, subject to the provisions of this Clause, act in accordance with the advice of the Federal Executive Council.

 * (2) If in any case the High Commissioner considers it expedient in the interests of public order, public faith or good government of the Federation that he should not act in accordance with the advice given to him by the Federal Executive Council, then, subject to the provisions of sub-clause (3) of this Clause, he may act otherwise than in accordance with their advice.

 * (3)
 * (a) Before acting otherwise than in accordance with the advice given to him by the Federal Executive Council on any matter, under sub-clause (2) of this Clause, the High Commissioner shall seek the views of the Chief Minister.
 * (b) If the Chief Minister so requests, the High Commissioner shall refer the matter to the Secretary of State, and shall transmit to the Secretary of State any communication that the Chief Minister may wish to make thereon, and in that event the High Commissioner shall not act otherwise than in accordance with the advice given to him by the Federal Executive Council without the prior approval of the Secretary of State

 * Provided that if in the opinion of the High Commissioner the interests of public order, public faith or good government of the Federation are such that the matter is too urgent to permit the obtaining of the prior approval of the Secretary of State he may act otherwise than in accordance with the advice given to him by the Federal Executive Council without such approval, in which case he shall transmit to the Secretary of State at the first opportunity a report of the matter, giving the reasons for his action, and any views the Chief Minister may wish to express thereon.

 * (4) Nothing in this Clause shall apply to matters relating to external defence and external affairs.

 * (5) In this Clause the expression "public order, public faith or good government of the Federation" shall, without prejudice to its generality, include the matters specified in sub-clause (1) of Clause 19 of this Agreement."

"23.
 * (1) The members of the Federal Executive Council shall be -

 * (a) Two Members, that is to say, the Chief Secretary and the Attorney General; and

 * (b) Such Appointed Members as may be appointed under sub-clause (2) Clause;

 * (2)
 * (a) There shall be such number of Appointed Members, not being less than ten or more than twenty-four, as the High Commissioner shall think fit, who shall be appointed by the High Commissioner by Instrument under the Public Seal.
 * (b) Of the Appointed Members, one shall be styled the Chief Minister, and the High Commissioner shall consult the Chief Minister before appointing the remaining Appointed Members." (31813)


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276

"To consider and make recommendations on the detailed provisions of a Treaty of Defence and Mutual Assistance between Her Majesty's Government in the United Kingdom and the Government of an independent Federation of Malaya, bearing in mind the following general principles:-

 * (a) will afford to Her Majesty's Government in the United Kingdom the right to maintain in the Federation the forces necessary for the fulfilment of Commonwealth and international obligations:

 * (b) will continue to afford to Her Majesty's Government facilities needed in the Federation for the maintenance and support of these forces, which would include the Commonwealth Strategic Reserve:

 * (c) will undertake to assist the Federation Government in the external defence of its territory.

 * (d) will consult the Federation Government in regard to the exercise of their rights under the Treaty." (31813)


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275

We agree that a Police Service Commission shall be set up by the same kind of constitutional or legislative provision as that applying to the Public Service Commission.

2.The Commission will be appointed by the High Commissioner in his discretion, after consultation with the responsible Minister, as follows:-

 * (i) as Chairman, for a specific term of years, an independent person of high standing who has taken no recent active part in politics.

 * (ii) as members, persons of no pronounced political affiliations;

 * (iii) one or more persons possessing legal qualifications, to be appointed after consultation with the Chief Justice.

3. The functions of the Commission will be:-

 * (a) to deal with the appointments and promotions of members of the police force of the rank of Inspector and above, save only that the appointment of the Commissioner and Deputy Commissioners of Police will be a matter for the High Commissioner in his discretion after consultation with the Minister responsible.

 * (b) to deal with serious breaches of discipline by gazetted officers.

 * (c) to deal with disciplinary appeals where a right of appeal exists against the decision of the Commissioner of Police.

4.The disciplinary functions of the Commission will be without prejudice to any right of appeal to the Head of State which may be prescribed.

5.The Commission will work on general instructions contained in the instrument establishing it, supplemented in detail by regulations laid down from time to time by the Commission with the approval of the High Commissioner in Executive Council. (31813)


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274

We agree that a Judicial Service Commission, having functions appropriate to the special circumstances of the Judiciary, shall be set up by the same kind of constitutional or legislative provision as that applying to the Public Service Commission.

2.Having regard to the high constitutional importance of maintaining the independence of the Judiciary, the Judicial Service Commission should be composed mainly of judges, though there would be no objection to including a retired judge provided he was not a member of the Executive, The Commission could with advantage also include the Chairman of the Public Service Commission.

3.We therefore agree that the Judicial Service Commission in the Federation of Malaya should consist of the Chief Justice as Chairman, the senior Puisne Judge, the Chairman of the Public Service Commission, and one or more other persons nominated by the Chief Justice, each of whom shall be either a judge or a retired judge, who is not a member of the Executive. (31813)


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273 {|
 * colspan=2|
 * colspan=2|
 * Lord Ogmore
 * Mr. C J. Thomas
 * Financial Secretary
 * Mr. 0. A. Spencer
 * Minister for Economic Affairs
 * colspan=2|
 * Sir Richard Powell, K.B.E., C.B., C.M.G.
 * Deputy Secretary, Ministry of Defence
 * Major-General W. G. Stirling, G.B.E., D.S.O.
 * Principal Staff Officer to Chairman, Chiefs of Staff Committee
 * Mr. E Melville, C.M.G.
 * Assistant Under-Secretary of State, Colonial Office
 * Mr. A. R. Thomas, C.M.G.
 * Assistant Under-Secretary of State, Colonial Office
 * Mr. C. Y. Carstairs, C.M.G.
 * Assistant Under-Secretary of State, Colonial Office
 * Mr. A. M. MacKintosh
 * Assistant Secretary, Colonial Office
 * Mr. A. D, Peck
 * Assistant Secretary, Treasury
 * Mr. R. C. C. Hunt
 * Assistant Secretary, Commonwealth Relations Office
 * Mr. A. I. M. Gary
 * Assistant Secretary, Ministry of Defence
 * colspan=2|and other advisers
 * colspan=2|
 * Sir Kenneth Roberts-Wray, K.C.M.G.
 * Mr. A. R. Rushford
 * colspan=2|
 * Sir Donald MacGillivray, K.C.M.G., M.B.E.
 * High Commissioner for the Federation of Malaya
 * Sir David Watherston, K.B.E, C.M.G.
 * Chief Secretary, Federation of Malaya
 * Mr. M. J. P. Hogan, C.M.G.
 * Chief Justice of Hong-Kong (late Attorney-General of the Federation of Malaya)
 * colspan=2|
 * colspan=2|Mr. R. V . Francis
 * colspan=2|
 * colspan=2|Mr. D. A. Scott, Cabinet Office
 * colspan=2|Mr. J. N. A. Armitage-Smith, Colonial Office
 * colspan=2|Mr. J. D. Hennings, Colonial Office
 * colspan=2|Mr. J. T. A. Howard-Drake, Colonial Office
 * colspan=2|Mr. R. W. Newsam, Colonial Office
 * } (31813)
 * Sir Kenneth Roberts-Wray, K.C.M.G.
 * Mr. A. R. Rushford
 * colspan=2|
 * Sir Donald MacGillivray, K.C.M.G., M.B.E.
 * High Commissioner for the Federation of Malaya
 * Sir David Watherston, K.B.E, C.M.G.
 * Chief Secretary, Federation of Malaya
 * Mr. M. J. P. Hogan, C.M.G.
 * Chief Justice of Hong-Kong (late Attorney-General of the Federation of Malaya)
 * colspan=2|
 * colspan=2|Mr. R. V . Francis
 * colspan=2|
 * colspan=2|Mr. D. A. Scott, Cabinet Office
 * colspan=2|Mr. J. N. A. Armitage-Smith, Colonial Office
 * colspan=2|Mr. J. D. Hennings, Colonial Office
 * colspan=2|Mr. J. T. A. Howard-Drake, Colonial Office
 * colspan=2|Mr. R. W. Newsam, Colonial Office
 * } (31813)
 * colspan=2|Mr. R. V . Francis
 * colspan=2|
 * colspan=2|Mr. D. A. Scott, Cabinet Office
 * colspan=2|Mr. J. N. A. Armitage-Smith, Colonial Office
 * colspan=2|Mr. J. D. Hennings, Colonial Office
 * colspan=2|Mr. J. T. A. Howard-Drake, Colonial Office
 * colspan=2|Mr. R. W. Newsam, Colonial Office
 * } (31813)
 * colspan=2|Mr. J. D. Hennings, Colonial Office
 * colspan=2|Mr. J. T. A. Howard-Drake, Colonial Office
 * colspan=2|Mr. R. W. Newsam, Colonial Office
 * } (31813)
 * colspan=2|Mr. R. W. Newsam, Colonial Office
 * } (31813)
 * } (31813)


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272


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271 {| London, S. W.
 * colspan=3|Signed, this eighth day of February,1956:-
 * Alan Lennox-Boyd
 * Bukit Gantang
 * T. A . Rahman
 * John Hare
 * Abdul Aaiz
 * H. S .Lee
 * Nm A . Karnil
 * Ismail A. Rahman
 * Donald MacGillivray
 * Seth bi Sa'aid
 * Abdul Razak
 * D . A. Scott, Secretary-General
 * colspan=3|Lancaster House,
 * Donald MacGillivray
 * Seth bi Sa'aid
 * Abdul Razak
 * D . A. Scott, Secretary-General
 * colspan=3|Lancaster House,
 * colspan=3|Lancaster House,
 * colspan=3|Lancaster House,
 * 8th February, 1956.
 * } (31813)
 * } (31813)
 * } (31813)


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270 72. The date for withdrawal of each of the British Advisers will be agreed by the High Commissioner and each individual Ruler in the light of the circumstances in each case, though it is understood, subject to the agreement of the Ruler concerned, that the withdrawal will be completed within about a year.

73. In accordance with the agreements set out earlier in this Report, provision should be made in the Federation Agreement for:

 * (a) an independent Public Service Commission with executive authority;
 * (b) an independent Judicial Service Commission with executive authority;
 * (c) an independent Police Service Commission with executive authority;
 * (d) a compensation scheme for loss of career;
 * (e) the Federation Armed Forces Council,

In respect of each of the Commissions detailed provisions not appropriate for inclusion in the Federation Agreement itself should be made by regulation or rule. We think that such regulations or rules should be made by the Commission concerned and approved by the Executive Council.

74. We have agreed upon recommendations for the composition and terms of reference of an independent Constitutional Commission and that this Commission should be appointed as soon as possible. In accordance with previously accepted procedure, these recommendations are being submitted to Her Majesty the Queen and to the Conference of Rulers, The final, decisions will be published later.

75.We have further agreed that, in view of the Malayan Delegations desire that full self-government and independence within the Commonwealth should be proclaimed by August, 1957, if possible, a constitution so providing shall be introduced at the earliest possible date consistent with the importance of the task before the Constitutional Commission and that every effort will be made by Her Majesty's Government and the Federation Government to achieve this by the time proposed.

(31813)


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269 Executive Council other than the Chief Secretary and the Attorney-General shall he appointed by the High Commissioner after consultation with the Chief Minister.

64. We have also agreed on the following ministerial changes:-

 * (i) There will be an unofficial appointed as Minister of Finance and the Financial Secretary will cease to be a member of the Executive and Legislative Councils. There will be an additional Nominated Member to take the place of the Financial Secretary in the Legislative Council, thus increasing the number of Nominated Members from seven to eight, on the understanding that the additional seat will be used for the same purpose and appointment to it made in the same manner as apply to the other Nominated Members.

 * (ii) There will be a Minister for Commerce and Industry, who will be an unofficial, unless the Chief Minister should wish the post to be filled by an official, and he will take the place of the Minister for Economic Affairs.

 * (iii) An unofficial Minister for Internal Defence and Security will become responsible for these matters in Executive and Legislative Councils and the Secretary for Defence will cease to be a member of either Council.

65.The Chief Secretary will be responsible for matters relating to the public service, for the administrative work involved in the constitutional changes which will be taking place and for external affairs.

66. Any Executive Council Papers on external defence will be submitted by the High Commissioner, who will have a senior official to work to him on that subject. The Chief Secretary will speak in the Legislative Council on external defence and will be a member of the External Defence Committee.

67.For the sake of greater flexibility in forming the Executive Council, the minimum number of Appointed Members will be altered from 12 to 10.

68.As a result of the changes recomended above Clauses 23 and 36 of the Federation Agreement will need to be amended. These amendments, together with others consequential changes in Parts III and IV of the Federation Agreement, are also set out in Appendix E.

69. We have considered the timing of these changes and have agreed that, where no amendment of the Federation Agreement or other legislation is required, they should be made as soon as possible after our recommendations have been approved by Her Majesty's Government and the Conference of Rulers. We also agree that the proposed changes in the Executive Council and Legislative Council should be made as soon as the Federation Agreement can be amended to permit of them. Until these amendments have been made the composition of these Councils will remain unaltered,

70.The Conference considered the request of withdrawal of the British Advisers. It was explained that the collective view of Their Highnesses the Rulers that Advisers should be withdrawn. Her Majesty's Government do not wish to oppose this view

71.We have agreed in principle that, subject to the concurrence of Their Highnesses the Rulers, the British Advisers will be withdrawn. This will involve amendment of the State Agreements, and consequential amendments to the State Constitutions and the Federation Agreement. Subject to the agreement of the Rulers it is desirable that all the State Agreements shall be amended at the same time, but provision will be made to enable the amendments to come into force on different dates. (31813)


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 :(iv) It follows that the Government will not exercise the right, except on traditional service principles, to retire any entitled officer during any period for which he had been promised employment.; but the officer's right to retire (subject to due notice) under the compensation scheme will remain unaffected.

59. We have agreed that officers of Her Majesty s Oversea Civil Service and Judiciary who remain in the Federation Service shall retain their eligibility to be considered by the Secretary of State for transfer to other territories on the understanding that

 * (a) the Secretary of State will not offer such officers transfers without prior consultation with the Federation Government; and

 * (b) the Federation Government for its part will not unreasonably withhold its consent to such transfers.

We further agree that, in order to facilitate the transfer of officers to posts which, in view of, the high level of salaries in the Federation, might be less well paid than an officer's existing post, consideration should be given to a scheme whereby an officer would receive a lump sum payment to compensate him for any drop in pensionable emoluments on transfer.

60.It was suggested by the Staff Associations that the abolition of certain senior posts as the result of decisions taken by the Conference would affect promotion prospects and would therefore constitute a further change in their conditions of service sufficient to warrant the immediate introduction of some measure of compensation available to the public service as a whole. We are unable to accept this contention. The Federation Government possesses and must continue to possess the right, common to all governments, to abolish posts which are no longer required. So long as only a limited number of specified posts are to be abolished, we do not consider that this, in itself, would constitute a major change in the conditions of service of overseas officers but, in order to avoid unsettling the service by opening the door to the arbitrary abolition of an unlimited number of posts, and in accordance with the proposals in paragraph 58, we have agreed that the only posts to be abolished as a result of decisions taken by the Conference are those of the British Advisers and the Financial Secretary. No further pensionable posts will be abolished, except on clear grounds of redundancy, at least until the 1st July, 1957. Consideration will be given to applying to the holders of posts to be abolished now any compensation terms finally agreed for the service as a whole instead of existing abolition of office terms.

61.The Federation Government are very conscious of the difficult problem of filling those vacancies for which local officers are not yet available but for which they will become available in a few years' time. The Malayan Delegation have expressed the hope that arrangements can be made by Her Majesty's Government for the creation of a central pool from which overseas officers could be made available to fill these posts on secondment terms for so long as they may be required.

62.We have arrived at certain constitutional understandings affecting the position of the High Commissioner and Executive Council, the composition of the Executive and Legislative Councils and the withdrawal of the British Advisers. Those affecting the position of the High Commissioner and Executive Council require amendment of Clauses 31 and 32 of the Federation Agreement, and agreed amended versions of these Clauses are set out at Appendix E.

63.With regard to the composition of the Executive and Legislative Councils, we have agreed that Clause 23 of the Federation Agreement shall be amended to make provision for the office of Chief Minister and to provide that the members of (31813)


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267 56. We have agreed that if officers are given the right to retire at will, it is logical that overnment should have the right to require officers to retire. But there is a risk that if in practice the Government makes it clear that it intends to exercise that right, many valuable officers will opt to go. Whatever inducements the Government may offer to certain officers to stay, all officers will feel that sooner or later their services may be dispensed with and many of the best, who can most easily obtain other attractive employment are likely to leave as soon as possible. To insist on the right to dispense with the services of pensionable officers would also weaken the effect both of the other assurances which we have agreed be given regarding service conditions, promotion and discipline and of any scheme of inducement allowance, Malayanisation need not be prejudiced because, whatever assurances are given, any entitled officers are certain to opt to retire under the provisions of a compensation scheme immediately it is introduced. Others will do so later. Normal retirements on grounds of age will continue. Other officers are likely to be transferred to other territories and the Secretary of State for the Colonies will do his best to transfer any officer at the request of the Federation Government. Meanwhile, no new overseas officers will be recruited on pensionable terms unless the Federation Government specifically so request, and the existing powers to dispense with the services of officers on abolition of office or on such grounds as gross inefficiency and misconduct will remain. The practical problem which might arise is not whether there will be full scope for Malayanisation but whether it will be possible to retain and recruit enough qualified officers to provide the Federation Government with the efficient, experienced and stable administration which it will need for carrying out its policies during the coming vital years

57. While it is recognised that a feeling of insecurity will tend to make valuable officers leave the Federation earlier than they might otherwise have done, we consider that the adoption of the scheme outlined in the next paragraph should go far to mitigate this disadvantage.

58.After consideration of various alternatives, we have agreed on the following plan:

 * (i) The Public Service Commission will be established with executive powers and a compensation scheme will be introduced with effect frcm the 1st July, 1957.

 * (ii) The Federation Government will assure the public service that until the compensation scheme is introduced no officer will have his services dispensed with except in accordance with traditional service principles.

 * (iii) During the period between the presentation of the report of the Malayanisation Committee and the 1st July, 1957, every entitled expatriate officer will be given the opportunity to say whether he wishes to be retained in the Service after the 1st July, 1957. If he state that he does, his case will be considered and he will be informed of the minimum period during which he may expect, subject to health and efficiency to be retained. The periods will naturally vary according to the relevant circumstances, e.g, the staffing position in the officer's Department, including the availability of suitably qualified local officers, the officer's age and so forth. In some cases it will no doubt be possible to assure officers of employment up to normal retiring age; in others a term of years may be stated, with or without; the possibility of further extension at the end of that term if the officer then wishes it. In other cases, it might not be possible to give the officer any assurance.

(31815)


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266 "" means an officer in receipt of expatriation pay who is serving (otherwise than on contractor agreement for a specified period) in a public office in the Federation of Malaya. The expression should also be taken to include any locally-domiciled officer holding his appointment by approval of the Secretary of State for the Colonies who can show to the satisfaction of the Secretary of State that he has reasonable grounds for anxiety over the future of his career in the public service.

"" means the pension or reduced pension and gratuity which an entitled officer would be eligible to receive under existing Pensions Regulations but not subject to the usual ten-year period of qualifying service,

"" means a supplementary pension calculated at a specified rate additional to earned pension.

"" means the payment of a sum of money as compensation for the loss sustained by an officer on the premature termination of his career.

50. We recognise two clearly defined phases. Phase I is the situation as at present. We agree that the assumption of office by the Alliance Government in August, 1955, coupled with the break-up of the Malayan Establishment in July, 1954, constituted a major change in the conditions of service of overseas officers. We do not consider that this change in conditions is sufficiently radical to warrant payment of an additional allowance or lump-sum compensation to any officers who now wish to leave the Federation Service, but we do consider that it justifies their being allowed to go on accrued pension. We have therefore agreed that a Phase I scheme should be introduced at once and that under it an entitled officer should be allowed to retire at any time after reasonable notice and with the permission of the High Commissioner, acting in his discretion, and that such permission should not be withheld unless proceedings for the officer's dismissal are being taken or are about to be taken.

51. Phase II will begin when the Public Service Commission is established with executive powers. Since this will involve a radical change in the conditions of service of the public service we agree that at that point a full lump-sum compensation scheme for loss of career should be brought into operation.

52. We have not considered it to be part of our task to attempt to draw up this scheme in detail. Not only would this not be possible in the absence of certain actuarial information but we consider that, once the principles of such a scheme have been accepted by the Federation Government, details should be worked out in the Federation in consultation with the representatives of the Staff Associations ooncerned. For this reason we do not wish to comment on the various points of detail which we discussed with the representatives of the Staff Associations whom we invited to give evidence during the Conference, but we consider that negotiations between the Federation Government and the Staff Associations concerned should begin at once

53. We agree that the compensation scheme should provide that on retirement an entitled officer should receive his earned pension plus at his option either an additional allowance or lump-sum compensation. The amount of lump-sum compensation will have to be worked out actuarially having regard to certain factors such as age and, possibly, length of service, but the scheme should contain a provision whereby officers whose services it is particularly desired to retain in the Federation Servioe will be able during a specified period (e.g, four years) to "freeze" their entitlement to lump-sum compensation at the point in the actuarial table which is most advantageous to them during that period. We agree that the Government should also give consideration to other inducements which might be offered to officers whose services it is particularly desired to retain, in addition to the normal compensation.

54. We have agreed that the right to retire on compensation should be exercisable at their option by all entitled officers on giving due notice.

55.We have given careful consideration to the question whether, after Phase II has started, the Federation Government should be able to require officers to retire, at its discretion, or whether the compensation scheme should be entirely voluntary. (51813)


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265 44.Details will have to be worked out in the Federation, but we agree that the following principles should be observed:-

 * (a) it is of vital importance that the Public Service Commission should be independent and free from political influence;

 * (b) the members of the Public Service Commission should be appointed by the High Commissioner, in his discretion, after consultation with the Chief Minister;

 * (c) taking advantage of experience elsewhere, care should be taken in delineating the respective functions of the Public Service Commission and those of government in relation to the public service, the broad principle being that the government and legislature are necessarily responsible for fixing establishments and terms of employment while the Public Service Commission is charged with the internal administration of the service as a professional body and with the responsibility for public service matters including appointments, promotions and the application, when necessary, of disciplinary provisions in respect of members of the public service.

 * (d) members should be carefully chosen to be widely representative but should be men capable of working as a team and not speaking merely for sectional interest;

 * (e) The Chairman should be a person who will command the respect both of government and of the Service and should be given the authority and standing necessary to establish the Commission as an important and respected national institution,

45. We have agreed that the Public Service Commission should exercise its responsibilities in respect of all branches of the service other than the Judiciary and the Police. We have agreed to the establishment of a Judicial Service Commission (Appendix B) and a Police Service Commission (Appendix C). The confirmation scheme outlined later in the Report will apply to the Judiciary as well as to other branches of the public service.

46.In view of the political development of the Federation, the Public Service Commission should be given executive powers as soon as it is established. By "executive powers" we mean that the High Commissioner would action the Commissions recommendations, although, in the light of experience elsewhere, we think it would be prudent for him to have the right to refer back, once and once only, any recommendation which in his view required further consideration.

47.It will inevitably take some time to set up the Public Service Commission as an independent statutory body. We agree that it should be formally established as from the 1st July, 1957, but that, meanwhile, in order that they may gain experience, the Chairman and members should be designated and should take over in an advisory capacity the responsibilities of the existing Promotions and Appointments Board, with terms of reference, extended as necessary, to cover the subjects which will be dealt with by the Public Service Commission.

48. We consider that if their conditions of service are protected by the establishment of a Public Service Commission and it is made clear that traditional service principles will be maintained, a large proportion of overseas officers will wish to remain in the Federation and to continue to give loyal and devoted service to the country. We recognise, however, that the new circumstances brought about by constitutional change fundamentally vary the conditions under which a large section of the public service was recruited and that such officers have a right to be given the opportunity to leave the service on appropriate terms.

49.Before we elaborate our proposals on this point we think it may be helpful to define certain of the terms which we use in the following paragraphs. (31813)


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264

38.We accept the thesis that in a self-governing country the public service must be solely under the authority of the government of that country and that there can be no question of any external control. In these circumstances, we wish to place on record certain principles which we consider should guide any government in exercising control of its public service.

39.An efficient and contented public service is an essential foundation of good government. This may be said to apply at all stages of constitutional development and it is of particular importance during a time of rapid political change. Ministers must be able to rely on receiving informed and impartial advice from experienced officials before reaching policy decisions. They must equally be able to rely on their officials to see that their policy decisions, once taken, are carried out with loyalty, speed and efficiency.

40.The first essential for ensuring an efficient administration is that the political impartiality of the public service should be recognised and safe-guarded. Experience has shown that this is best secured by recognising the service as a corporate body owing its allegiance to the Head of State and so retaining its continuous existence irrespective of changes in the political complexion of the government of the day. The public service is necessarily and rightly subject to ministerial direction and control in the determination and execution of government policy, but in order to do their job effectively public servants must feel free to tender advice to Ministers, with out fear or favour, according to their conscience and to their view of the merits of a case. Whether or not that advice is taken is entirely for Ministers to decide but, once decisions have been taken, it is the undoubted duty of the public servant to give his prompt and wholehearted co-operation in carrying them out. The essential role of the public service would be gravely impaired if its members had any cause to feel that their personal position or prospects might be affected as a result of the advice which they felt it their duty to give. In order to discharge their role effectively, public servants should know that their service conditions and prospects are not subject to political or personal influence of any kind. This is not least in the interests of Ministers and politicians themselves.

41.A public service is rightly regarded as a profession holding out prospects of a career covering the working life of its members. One of the most essential ingredients of a contented and efficient service is that promotions policy should be regulated in accordance with publicly recognised professional principles. The Service must feel confident that promotions will be determined impartially on the basis of official qualifications, experience and merit. Any departure from these principles which might suggest that promotions were in any way subject to political or other outside influence, or that extraneous considerations were being taken into account which were designed to give special preference to particular individuals or sections in the Service, would be certain to undermine Service morale.

42.Similarly, a reasonable security of tenure and an absolute freedom from the arbitrary application of disciplinary provisions are essential foundations of a public service. Without them, a service would fail to attract and retain sufficient officers of the requisite calibre and Ministers would not be able to depend on receiving frank and objective advice. Disciplinary provisions, including the power to dismiss an officer on grounds of misconduct or gross inefficiency are, of course, necessary in any service but it is generally accepted that these provisions should be applied with complete impartiality and on accordance with established service principles and procedures, and should be recognised by the Service as a whole to be both fair and fairly exercised

43.The most generally accepted method of ensuring the observance of the foregoing principles is by the establishment of an Independent Public Service Commission. There is already a Public Service Appointments and Promotions Board in the Federation of Malaya, and the establishment of a Public Service Commission is under consideration. We agree that the Commission should be established as soon as possible and that provision should be made for it in the Federation Agreement. (31813)


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263 Legislative Council on the 30th November, 1955, in which he stated that the Federation Government looked with confidence to the establishment of happy relationships and a full sense of partnership between a fully self-governing Malaya and overseas industry and enterprise genuinely interested in the development on sound lines of the country's productive resources. To this end it was, and would remain, their policy to encourage overseas investment, industry and enterprise to look to Malaya with every assurance of fair and considerate treatment and without fear of discrimination. The relevant extract from the High Commissioner's address is contained at Appendix F.

34.Regarding the future financial relationship between the United Kingdom and the Federation of Malaya, we agree that it is most important that the Federation should go forward to full self-government in circumstances which will give a fair assurance of its future financial stability. In this context, we recognise fully the vitally important position of the Federation in the world-wide struggle against communism and the fact that operations in the military sphere must be backed by a sound and vigorous programme of economic and social development.

35.During the interim period Her Majesty's Government will be prepared to help the Federation should it become clear that, having regard to the necessity for the Federation Government to make provision for an expanded programme of economic and social development and to the need to maintain reserves at the right level as a precaution against possible fluctuations in the prices of rubber and tin before the Federation's rubber replanting schemes bear fruit, there is a need for financial assistance from the United Kingdom towards the cost of the Emergency. To this end we agree that a meeting should be held as soon as possible between the United Kingdom and Federation Governments with a view to determining the necessity for such assistance.

36.It is recognised that the attainment of full self-government implies the principle of financial self-sufficiency. Nevertheless, Her Majesty's Government recognise the common interest of both Governments in bringing the Emergency to an end. For this reason, if the Emergency has not been brought to an end by the time that full self-government and independence within the Commonwealth is attained, Her Majesty's Government will still be prepared to consider with the Federation Government whether the financial needs of the Federation would justify special assistance from Her Majesty's Government towards meeting the cost of the Emergency over and above the substantial assistance which will continue to be given through the forces and services provided by the United Kingdom to sustain the fight against the Communist terrorists.

37.In any event, substantial help will still be available from the United Kingdom after the attainment of full self-government within the Commonwealth, as follows:

 * (i) Apart from their continuing commitments in the Federation in respect of its external defence, Her Majesty's Government will maintain their undertaking to finance certain capital costs of expansion of the Federation Armed Forces in an agreed programme;

 * (ii) Her Majesty's Government will at all times be ready to examine sympathetically with the Federation its borrowing needs on the London market in connection with its development plans;

 * (iii) If, at the time when the Federation attains full self-government within the Commonwealth, there is any unspent balance of allocations made to the Federation under the Colonial Development and Welfare Acts, the approval of Parliament will be sought to enable an amount equivalent to any such balance to be made available to the Federation for development expenditure;

 * (iv) Her Majesty's Government will stand by their undertaking to provide assistance, subject to the approval of Parliament in the form of a loan to the Federation to enable it to finance its contribution to the Tin Buffer Stock should it be unable to obtain the necessary loan finance from any other suitable source. (31813)


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261 established a separate Police Service Commission to deal with appointments, promotions and discipline in the higher ranks of the force; the Commission should be set up on a statutory basis and should have executive authority, Its functions and membership are set out in Appendix C.

21. In preparation for the setting up of a Police Service Commission with executive powers we agree that there should be instituted for the police, as soon as the necessary administrative arrangements can be made, a body parallel to the present Appointments and Promotions Board which has for some years operated for other branches of the public service; it should be set up by administrative action and should have the same advisory functions. Use might be made of the facilities, and to some extent the membership, of the present Board, always bearing in mind the special needs of the police service. By this means valuable experience could be obtained and time would be afforded for the police force itself to gain confidence in this new machinery before personnel matters become the province of a Commission with executive powers.

22. We make no specific recommendations on the exact date on which the Police Service Commission should be set up. This should be considered in due course by the Federation Government in consultation with its professional advisers, in the light of the circumstances of the Emergency then prevailing. There are, however, strong grounds in favour of synchronising action with that taken for the rest of the public service.

23. In accordance with the recommendations which we have made later in this report for dealing with premature retirement, the compensation scheme applicable to the public service as a whole should be applied to the police force as soon as the Police Service Commission is set up.

24. We considered the question of the Malayanisation of the police force, to the extent that it was possible to do so in advance of the findings of the Committee which is now at work on the problem in Malaya. In general we agree that for the purposes of the police force such a policy should be effected:-

 * (a) by controlling entry into the force, according to present practice;

 * (b) as regards personnel already in the force, by observing the normal service principles for promotion and by relying for increased opportunities for promotion of Malayan Officers on the operation of the scheme for premature retirement set out later in the report.

25. In the final stage a fully self-governing Federation of Malaya will be responsible for external defence as for all other functions of government. We have agreed, however, that at that time there shall be an agreement between Her Majesty's Government in the United Kingdom and the Government of a fully self-governing Federation making provision for defence requirements and mutual assistance in defence matters.

26. The Government of the Federation of Malaya will afford to Her Majesty's Government in the United Kingdom the right to maintain in the Federation the forces necessary for the fulfilment of Commonwealth and international obligations; and Her Majesty's Government in the United Kingdom will undertake to assist the Government of the Federation in the external defence of its territory. Her Majesty's Government in the United Kingdom will continue to be afforded facilities needed in the Federation for the maintenance and support of these forces; they will include the Commonwealth Strategic Reserve, which would remain in the Federation. Provision will be made for consultation by Her Majesty's Government with the Federation Government in regard to the exercise of their rights under the Treaty.

27. We agree that the details of this Treaty should be studied and worked out by a Working Party in the Federation to be set up as soon as possible consisting of a number of representatives of Her Majesty's Government on the one hand and the same number of representatives of the Conference of Rulers and the Federation Government on the ether. We consider that the Commissioner General for the (31813)


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 green, cover them close that none of the steam can get out, and when they have obtained their green colour, which will perhaps be four or five hours, drain them gently into clarified sugar, and give them a heat; set them by till next day, and give them another heat; set them by till next day, and give them another heat; this you must repeat four or five times, in order to bring them to a very good green colour; thus you may serve them to table by way of compote. If you wish to preserve them to keep either dry or in jelly, you must proceed as directed for green apricots.

To preserve Gooseberries white.

Take the large Dutch gooseberries when full grown, but before they are quite ripe, pare them into fair water, stone them, put them into boiling water, and let them boil very tender; then put them into clarified sugar in an earthen pan, and put as many in one pan as will cover the bottom, and set them by till next day; then boil the syrup a little, and pour it on them; the third day give them a gentle boil round, by setting the side of the pan over the fire, and turning the side of the pan over the fire, and turning it about as it boils, till they have had a boil all over; the day following make a jelly with codlings, and finish them as you do the others.

To preserve Gooseberries whole without stoning.

Get the largest preserving gooseberries, pick off the black eye, but not the stalk; scald them, but take great care they do not break; then take them up and throw them into cold water, and to every pound of gooseberries put a pound and a half of double refined sugar, which must be first clarified;


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has hatched a brood

Of ducklings, small and callow: Their little wings are short, their down

Is mottled gray and yellow.

There is a quiet little stream,

That runs into the moat,

Where tall green sedges spread their leaves,

And water-lilies float.

Close by the margin of the brook,

The old duck made her nest,

Of straw, and leaves, and withered grass,

And down from her own breast.

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 And there she sat for tour long weeks,

In rainy days and fine,

Until the ducklings all came out—

Four, five, six, seven, eight, nine.

One peeped out from beneath her wing,

One scrambled on her back:

"That's very rude," said old Dame Duck,

"Get off! quack, quack, quack, quack!"

"'Tis close," said Dame Duck, shoving out

The egg shells with her bill,

"Besides, it never suits young ducks

To keep them sitting still."

So, rising from her nest, she said,

"Now, children, look at me: A well-bred duck should waddle so, From side to side—d'ye see?"

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Rh clarified; to every pound of sugar a pint of water; and when the syrup is cold, lay your gooseberries single into your preserving-pan, and put the syrup to them, set them on a slow fire, and let them boil, but not too fast, lest they break; when you perceive the sugar has entered them take them off, cover them with white paper, and set them by till next day; then take them out of the syrup, boil the syrup till it begins to be ropy, scum it, put it to them again, and set them on a gentle fire; let them preserve gently till you perceive the syrup will rope, then take them off, set them by till they are cold, and cover them with paper; boil some gooseberries in fair water, when the liquor is strong strain it off, let it stand to settle, and to every pint of that liquor put a pound of double-refined sugar, and make a jelly of it; put the gooseberries in glasses, when cold pour the jelly over them, and the next day paper them; wet and half dry the inside paper, to lie down the closer, put on your upper paper, and set them in the stove. If you have a mind to make a little tree of them according to art, they will be pretty in a dessert.

To preserve Gooseberries dry.

To every pound of gooseberries, when stoned, put two pounds of sugar, but boil the sugar till it blows very strong, then strew in the gooseberries and give them a gentle boil, till the sugar comes all over them; let them settle a quarter of an hour, give them another good boil, sum them and set them by till the next day; then drain and lay them out on sieves to dry, dusting them


text:
Page:Dame Duck's lecture.djvu/8

 "Yes," said the little ones, and then

She went on to explain: "A well-bred duck turns in its toes

As I do—try again."

"Yes," said the ducklings, waddling on:

"That's better," said their mother; "But well-bred ducks walk in a row.

Straight—one behind another."

"Yes," said the little ducks again,

All waddling in a row: "Now to the pond," said old Dame Duck—

Splash, splash, and in they go.

"Let me swim first," said old Dame Duck,

"To this side, now to that;

There, snap at those great brown-winged flies,

They make young ducklings fat.

title: Page:Dame Duck's lecture.djvu/8


text: Page:Dame Duck's lecture.djvu/9

title: Page:Dame Duck's lecture.djvu/9


text:
Page:Dame Duck's lecture.djvu/10

 "Now, when you reach the poultry-yard,

The hen-wife, Molly Head,

Will feed you, with the other fowls,

On bran and mashed-up bread;

"The hens will peck and fight, but mind,

I hope that all of you,

Will gobble up the food as fast

As well-bred ducks should do.

"You had better get into the dish,

Unless it is too small;

In that case, I should use my foot,

And overturn it all."

The ducklings did as they were bid,

And found the plan so good,

That, from that day, the other fowls

Got hardly any food.

title: Page:Dame Duck's lecture.djvu/10


text: Page:Dame Duck's lecture.djvu/11

title: Page:Dame Duck's lecture.djvu/11


text:
Page:Pentagon-Papers-Part III.djvu/85

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive in particular, were interested in border security, buffers, preventing the formation of a U.S. alliance system with bases in the region, and reconstruction at home. The two big communist powers did not hesitate in asserting the paramountcy of their interests over those of the Viet Minh (Tab 2).

title: Page:Pentagon-Papers-Part III.djvu/85


text:
Page:Completeconfectioner Glasse 1800.djvu/77

 them well; put them before a brisk fire in the stove, and when dry on one side, turn and dust them on the other; when quite dry, put them into your box.

To preserve Gooseberries, Damsons, or Plumbs.

Gather them when dry, full grown, and not ripe; pick them one by one, put them into glass bottles that are very clean and dry, and cork them close with new corks; then put a kettle of water on the fire, and put in the bottles with care; wet not the corks, but let the water come up to the necks; make a gentle fire till they are a little coddled, and turn white; do not take them up till cold, then pitch the corks all over, or wax them close, and set them in a cold dry cellar.

To preserve Currants for Tarts.

Put a pound of sugar into a preserving-pan, for every pound and a quarter of currants, with a sufficient quantity of juice of currants to dissolve the sugar; when it boils, skim it, and put in your currants, and boil them till they are very clear; put them into a jar, cover them with brandy-paper, and keep them in a dry place.

To preserve Currants in Jelly.

Stone your currants, clip off the black tops, and clip them from the stalks; to every pound boil two pounds of sugar, till it blows very strong; slip in the currants, give them a quick boil, take them from the fire and let them settle a little; then give them another boil, and put in a pint of


text:
Executive Order 11615

, in order to stabilize the economy, reduce inflation, and minimize unemployment, it is necessary to stabilize prices, rents, wages, and salaries; and

, the present balance of payments situation makes it especially urgent to stabilize prices, rents, wages, and salaries in order to improve our competitive position in world trade and to protect the purchasing power of the dollar:

, by virtue of the authority vested in me by the Constitution and statutes of the United States, including the Economic Stabilization Act of 1970 (P.L. 91-379, 84 Stat. 799), as amended, it is hereby ordered as follows:

Richard Nixon The White House, August 15, 1971.

title: Executive Order 11615


text: Dame Duck's lecture

title: Dame Duck's lecture


text:
Page:Pentagon-Papers-Part III.djvu/87

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive III. C. 1.

title: Page:Pentagon-Papers-Part III.djvu/87


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Rh of currant jelly, drawn as directed, till you see the jelly will flake from the scummer; then remove it from the fire, let it settle a little, scum them and put them into your glasses, and as they cool take care to disperse them equally.

To preserve red Currants in Bunches.

Having stoned your currants, tie six or seven bunches together with a thread, to a piece of split deal, about the length of your finger; put double-refined sugar, equal in weight to your currants, into your preserving-pan, with a little water, and boil it till your sugar flies; then put the currants in, and give them a boil up, and cover them till next day; when take them out, and either dry or put them in glasses, with the syrup boiled up with a little of the juice of red currants; put brandy-paper over them, and tie them close down with another paper, and set them in a dry place.

To preserve Currants in Bunches dry.

Stone your currants and tie them up in bunches; to every pound of currants boil two pounds of sugar, till it blows very strong; dip in the currants, let them boil very fast till the sugar flies all over them; when settled a quarter of an hour, boil them again till the sugar rises almost to the top of the pan; let them settle, scum them and set them by till next day; then drain them and lay them out, taking care to spread the sprigs that they may not dry clogged together; dust them very much, and dry them in a hot stove.

To


text:
Page:Pentagon-Papers-Part III.djvu/88

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive III. C. 1.

 * 1.

 * a.

The victory at Dien Bien Phu cost the DRV 21,000 men. Ho realized he had paid dearly for this psychologically crippling stroke against the French, and he was determined to make the most of his advantage at Geneva. The effect of Dien Bien Phu on the Western delegations at the conference was evident not only in the initial shock, but also in the continued sensitivity to military developments in Indochina. Thus, of primary importance to the DRV negotiating position was the goal of making political capital from battlefield supremacy. Closely allied with this sense of military invincibility was the Viet Minh belief that France was in political turmoil and, therefore, psychologically weak.

 * b.

To the DRV, the victories of their troops and the impending collapse of France in Indochina were quite clear. Less clear was the possibility that the U.S., either unilaterally or in some form of united action might intervene. The DRV gambled, however, on the French struggling on alone. In the opening phase of the conference, the Viet Minh released a communication that indicated there was no need to hasten the conclusion of the war:

 * "We still remember the Korean lesson which taught us that one could negotiate and fight at the same time..."

This attitude of mild defiance was intended not only for consumption in the West but also for the communist countries. The DRV was resisting early pressures of the USSR and the PRC who feared U.S. intervention and a wider war to move quickly to a solution. Instead, the DRV moved rapidly to increase its own forces in the Tonkin Delta, to compress the French forces there to a smaller territory, and they apparently instructed their delegation to continue pressing a hard line on political concessions. The goal was to delay a settlement until they bettered the military position even further. The DRV was determined to gain every inch that the French could be forced to concede.

 * c.

The initial Viet Minh gambit came at the second plenary session of the Conference on 10 May. Pham Van Dong stated that the DRV was the "stronger" force in "more than three-fourths of the country." He went on to describe the successful administration of this territory by his government, which he said "represents the will of the entire Vietnamese nation..." The opposition, characterized as "the government of the Rh

title: Page:Pentagon-Papers-Part III.djvu/88


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Page:Completeconfectioner Glasse 1800.djvu/79

 To preserve or dry Samphire.

Take it in bunches as it grows, put on the fire a large deep stew-pan filled with water; when it boils throw in a little salt, put in your samphire, and when you see it look of a fine beautiful green, take off the pan directly, and with a fork take up the samphire, lay it on sieves to drain, and when cold, either preserve it, or dry it. If you frost them they will be very pretty.

To preserve Hops with Gooseberries.

Take the largest Dutch gooseberries, cut them across the head, and half way down, pick out the seeds clean, but do not break the gooseberries; take fine long thorns, scrape them, and stick on your gooseberries, put in the leaf of the one, to the cut part of the other, and so till your thorn is full, then put them in a new pipkin with a close cover; cover them with water, and let them stand scalding till they are green (before your water boils); while they are gently greening make a syrup for them, and take whole green gooseberries and boil them in water till they all break, then strain the water through a sieve; to every pound of hops put a pound and a half of double-refined sugar, put the sugar and hops into the liquor, and boil them uncovered, till they are clear and green, then take them up and lay them on pye plates, and boil your syrup longer; lay your hops in a very deep gallipot, and when the syrup is cold pour it on them, cover them with paper, and keep them in a stove for some time; afterwards in a very dry place.

To


text:
Page:Completeconfectioner Glasse 1800.djvu/80

Rh To preserve Damsons or Bullace.

Put your damsons in a pot, to two quarts put a pound of fine sugar, and bake them in a slow over two hours; then set them in a cool place a week, and pour over them as much rendered beef suet as well be an inch thick; it must be put on hot every time you take any out; and they will keep all the year.

To preserve Beet Roots.

Boil your beet root for four hours, till you see it quite soft; then make a syrup of a pint of spring water and half a pound of sugar, and boil the beet root in it, for a quarter of an hour; then put it in gallypots for use. When you want to use them for sauce, soak them in warm water for ten minutes or more, and slice them into oil and vinegar.

To preserve Apples red all the Year.

Get a dozen of pippins or pearmanes, pare them, put a quart of water to them, one pennyworth of cinnamon stick, grate part of a lemon rhind, and some cochineal steeped in water, and half a pound of loaf sugar; then send them to the oven, tie over them a paper, and after that coarse paste; do not forget to scoop a hole in the middle of the apples to let the liquor through them; let them stand in a slow oven; when you think they are enough, take them out of the oven, take off the paper, and let them stand in the syrup; in the morning drain it from them, and put to it a little water, a pound, or a pound and a half of sugar, as you would have a tity


text:
Author:Francis Foster Barham

Works

 * Translation of Cicero's "On the Republic"
 * Improved Monotessaron (1862)

title: Author:Francis Foster Barham


text:
Page:Pentagon-Papers-Part III.djvu/89

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  occupied zone," did not enjoy popular support, he said, and was merely a tool of the French. Pham Van Dong did not, however, propose that France recognize "the sovereignty and independence of Vietnam throughout the territory of Vietnam," a statement which amounted to a rejection of the Franco–Vietnamese treaties approved on 28 April by Laniel and Nguyen Trung Vinh. He instead offered an eight-point proposal for a political settlement and a cease-fire:

1. Recognition by France of the sovereignty and independence of Viet-Nam throughout the territory of Viet-Nam, and also recognition of the sovereignty and independence of Khmer and Pathet Lao.

2. Conclusion of an agreement on the withdrawal of all foreign troops from the territory of Viet-Nam, Khmer, and Pathet Lao within the time limits to be agreed upon by the belligerents. Pending the withdrawal of troops, the dislocation [sic] of French troops in Viet-Nam shall be agreed upon — particular attention being paid to limit to the minimum the number of their dislocation points. Provision shall be made that the French troops should not interfere in the affairs of local administration in the areas of their dislocation.

3. Holding of free general elections in Viet-Nam, Khmer, and Pathet Lao with a view to constituting a single government in each country, convening of advisory conferences of the representatives of the governments of both sides in Viet-Nam, Khmer, and Pathet Lao — in each of the States separately and under conditions securing freedom of activity for patriotic parties, groups, and social organizations; the preparation and the holding of free general elections to establish a unified government in each country. Interference from outside should not be permitted. Local commissions will be set up to supervise the preparation for and the carrying out of the elections. Prior to the establishment of unified governments in each of the above-mentioned States, the governments of both sides will specifically carry out the administrative functions in the districts which will be under their administration, after the settlement has been carried out, in accordance with the agreement on the termination of hostilities.

4. The statements by the Delegation of the Democratic Republic of Viet-Nam on the readiness of the Government of the Democratic Republic of Viet-Nam to examine the question of the entry of the Democratic Republic of Viet-Nam into the French Union in conformity with the principle of free will, and on the conditions of this entry corresponding statements should be made by the Governments of Khmer and of Pathet Lao. Rh

title: Page:Pentagon-Papers-Part III.djvu/89


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Page:Completeconfectioner Glasse 1800.djvu/81

 of syrup for them; and when you have scummed them well, clear it with the white of an egg, when that is done put in your apples again, and let them boil in the syrup till it be clear; then put in as much cochineal as will make them of a good colour; sometimes take the apples out least they should break, and let the syrup all night, and in the morning set it over the fire, which must be of charcoal; let it boil up, then take the apples out, and put them in again; when your syrup is boiled to a thickness for keeping, and your apples a good colour, shred your lemon peel, and put in it half an ounce of candied orange, cut in thin slices; put your apples into the pot you design to keep them in, and when your syrup is half cold put it on your apples, and put them up for use.

To dry Golden Pippins.

Pare your pippins, and make a hole in them, as directed for preserving them; then weigh them, and boil them till tender; take them out of the water, and to every pound of pippins take a pound and a half of loaf sugar, and boil it till blows very strong; then put in the fruit, and boil it very quick till the sugar flows all over the pan; let them settle, cool them, scum them, and set them by till the next day; then drain them and lay them out to dry, dusting them with fine sugar before you put them into the stove; the next day turn them and dust them again; when dry pack them up. You


text:
Page:Pentagon-Papers-Part III.djvu/90

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive 5. Recognition by the Democratic Republic of Viet-Nam as well as by Khmer and Pathet Lao, of the economic and cultural interests of France in those countries. After the establishment of unified Governments in Viet-Nam, Khmer, Pathet Lao, the economic and cultural relations of these States with France should be subject to the settlement in conformity with the principles of equality and mutual interest. Pending the establishment of the unified governments in the Three States, the economic and cultural relations of Indochina with France will temporarily remain without a change such as they exist now. However, in the areas where communications and trade ties have been broken off, they can be re-established on the basis of understanding between both sides. The citizens of both sides will enjoy their privileged status to be determined later in matters pertaining to domicile, movement, and business activities on the territory of the other side.

6. The belligerent sides undertake not to prosecute persons who collaborated with the other side during the war.

7. There shall be mutual exchange of prisoners of war.

8. Implementation of measures that are referred to in paragraphs one through seven should be succeeded by the cessation of hostilities in Indochina, and by the conclusion to this end of appropriate agreement between France and each of the Three States which should provide for a complete and simultaneous cease-fire throughout the whole of the Indochinese territory by all armed forces of the belligerent sides, ground, naval, and air force. Both sides, in each of the Three States of Indochina, for the purpose of strengthening the armistice, will carry out a necessary settlement of territories and of the areas occupied by them, and it should also be provided that (a) both sides should not hinder each other during the passage, for the purpose of the above mentioned settlement, by the troops of the other [sic] side over the territory occupied by the other side; (b) the complete termination of transportation into Indochina from abroad of new ground, naval, and air units of personnel, or of any kind of arms of ammunition; (c) to set up control over the implementation of the terms of agreement on the cessation of hostilities, and to establish, for this purpose, in each of the Three States, mixed commissions composed of the representatives of the belligerent sides.

 * d.

The meaning of Dong's list of proposals was clear. A political settlement would precede a military agreement (cease-fire) rather than Rh

title: Page:Pentagon-Papers-Part III.djvu/90


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Rh You may dry them in slices, or quarters, after the same manner.

To dry Apples or Pears.

First boil them in new ale wort, on a slow fire, for a quarter of an hour; them take them out and press them flat, and dry them in your oven, or stove; put them up in papers, in a box, and they will keep all the year.

To dry green Codlings.

Take your codlings, and coddle them gently, close covered; then peel your codlings, and put them into cold water, setting them over a slow fire till they are green, close covered; they will be two or three hours doing.

To dry Angelica in Knots.

Drain what quantity you will from the syrup, and boil as much sugar as will cover it, till it blows; put in your angelica, and give it a boil till it blows again; when cold, drain it, tie it in knots, and put it into a warm stove to dry, first dusting it a little; when dry on one side, turn it to dry on the other, and then pack it up.

To parch Almonds.

Take a pound of sugar, make it into a syrup, boil it candy high, and put in three quarters of a pound of Jordan almonds blanched; keep them stirring all the while, till they are dry, then crisp them, put them in a box, and keep them dry.

To dry Barberries.

Stone the barberries, and use them in bunches;


text:
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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive the reverse, which the French preferred. Elections would take place under the supervision of local commissions, and the DRV preference was for holding them country-wide and soon. By first removing the French, and then by dealing directly with the non-Communist Vietnamese on the issues of control and supervision of the cease-fire, regroupment, and general elections, the Viet Minh could legitimately expect a quick takeover of power from the relatively weak Vietnamese National Army. As Dong well knew, the relocation of French forces in the Tonkin Delta into a tighter perimeter was having, and would continue to have, major repercussions on Vietnamese army morale. Once the French were persuaded to withdraw, the VNA would undoubtedly collapse under Viet Minh military pressure. Moreover, inasmuch as Dong's plan made no allowance for the disarming, much less the regrouping, of indigenous forces on either side, the Viet Minh would be militarily in a virtually unassailable position to control any general election that might be held (if, in fact, the political process were ever to advance that far). Dong's proposal, then, amounted to a request that the French abandon Vietnam.

 * e.

In the same speech, Dong evidenced that the DRV's ambitions extended beyond Vietnam. Acting as spokesman for the Pathet Lao and Free Khmer — whose representatives had formally come under Viet Minh direction with the announcement on 11 March 1951 of formation of a Viet Minh–Free Khmer–Pathet Lao "National United Front" — Dong argued that these two movements enjoyed widespread popular support and controlled most of the territory of their respective countries. With considerable distortion of history (subsequently corrected by the Laotian and Cambodian delegates), Dong sought to demonstrate that the Pathet Lao and Free Khmer were governments carrying out "democratic reforms" in the areas their armies had "liberated." The negotiating objective was to gain the status of lawful governments for the Pathet Lao and the Free Khmer. Dong seemed strongly to imply that the DRV spoke not only for itself, but for all the Indochinese peoples.

Dong included the Pathet Lao and Free Khmer in his settlement plan. He demanded that France recognize the "sovereignty and independence" of those movements no less than of the DRV:

 * "...the Peoples of Khmer and Pathet Lao have liberated vast areas of their national territory. The governments of resistance have exerted all their efforts in creating a democratic power and in raising the living standards of the population in liberated areas. That is why the government of resistance of Khmer, as well as that of Pathet Lao enjoy the support of and warm affection of the population in liberated areas and they enjoy great prestige and influence among the population of both countries.

Rh

title: Page:Pentagon-Papers-Part III.djvu/91


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