An Act to make provision for and in connection with the establishment of the Federation of Malaya as an independent sovereign country within the
Commonwealth.
[31st July 1957]
1.—(1) Subject to the provisions of this section, the approval of Parliament is hereby given to the conclusion between Her Majesty and the Rulers of the Malay States of such agreement as appears to Her Majesty to be expedient for the establishment of the Federation of Malaya as an independent sovereign country within the Commonwealth.
Provision for establishment of the Federation as an independent sovereign country.
(2) Any such agreement as aforesaid may make provision— (a) for the formation of the Malay States and of the Settlements of Penang and Malacca into a new independent Federation of States under a Federal Constitution specified in the agreement and for the application to those Settlements, as States of the new Federation, of State Constitutions so specified;
(b) for the termination of Her Majesty’s sovereignty and jurisdiction in respect of the said Settlements, and of all other Her power and jurisdiction in and in respect of the Malay States or the Federation as a whole, and the revocation or modification of all or any of the provisions of the Federation of Malaya Agreement, 1948, and of any other agreements in force between Her Majesty and the Rulers of the Malay States.
Federation of Malaya
5&6ELiz.2
Independence Act, 1957
(3) Any such agreement shall be conditional upon the approval
of the new Federal Constitution by enactments of the existing
Federal Legislature and of each of the Malay States; and upon
such approval being given Her Majesty by Order in Council
may direct that the said Federal and State Constitutions shall have
the force of law within the said Settlements, and, so far as She
has jurisdiction in that behalf, elsewhere within the Federation,
and may make such other provision as appears to Her to be
necessary for giving effect to the agreement.
(4) Any Order in Council under this section shall be laid before
Parliament after being made.
(5) In this Act " the appointed day " means such day as may
be specified by Order in Council under this section as the day
from which the said Federal Constitution has the force of law as
aforesaid.
Operation of 2.-(l) On and after the appointed day, all existing law to
existing laws. which this section applies shall, until otherwise provided by the
authority having power to amend or repeal that law, continue to
apply in relation to the Federation or any part thereof, and to
persons and things in any way belonging thereto or connected
therewith, in all respects as if no such agreement as is referred
to in subsection (1) of section one of this Act had been concluded:
Provided that-
(a) the enactments referred to in the First Schedule to this
Act shall have effect as from the appointed day subject
to the amendments made by that Schedule (being
amendments for applying in relation to the Federation
certain statutory provisions applicable to Commonwealth
countries having fully responsible status within, Her
Majesty's dominions);
(b) Her Majesty may by Order in Council make such further
adaptations in any Act of the Parliament of the United
Kingdom passed before the appointed day, or in any
instrument having effect under any such Act, as appear
to Her necessary or expedient in consequence of the
agreement referred to in subsection (1) of section one
of this Act;
(c) in relation to the Colonial Development and Welfare
Acts, 1940 to 1955, this subsection shall have effect
only so far as may be necessary for the making of
payments on or after the appointed day in pursuance
of schemes in force immediately before that day and
in respect of periods falling before that day;
(d) nothing in this section shall be construed as continuing in
force any enactment or rule of law limiting or restricting
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