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Ethnic Conflict and the Development of
Citizenship in Malaysia
A Dissertation
Presented to
Brandeis University
Department of Sociology
In Partial Fulfillment
of the Requirements for the Degree
Doctor of Philosophy
by
April 1995
Advisor
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This dissertation, directed and approved by the candidate's
Committee, has been accepted and approved by the Graduate
Faculty of Brandeis University in partial fulfillment of the
requirements for the degree of
DOCTOR OF PHILOSOPHY
Dissertation Committee
ayim^Ph.D, Chair
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ACKNOWLEDGEMENTS
sought and received the encouragement from and the help and
I have had her patient support and wise guidance. To her I owe
rigorous in my thoughts.
Leong Choon Heng, Lim Cheng Sim, Cho Kah Sin and James
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iv
Yuen Foong, Choon Heng and James provided me with the much
for all the years of sacrifice they had made for me. I am
band, Chee Tuck, and my brother, Hock Kooi, for looking after
cannot find the words to say what I owe to and how I feel for
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V
ABSTRACT
which were and are still divided along kinship, ethnic and
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vi
state and ethnic groups, and the conflict between the ethnic
resulted in the May 13, 1969 ethnic riots. Thus since the 1969
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vii
Acknowledgements iii
Abstract v
List of Tables and Illustrations ix
Abbreviations x
INTRODUCTION 1
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viii
APPENDIX A 303
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ix
TABLES
FIGURES
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X
ABBREVIATIONS
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001
SOI
oi l
st i
021
/
> OD
SZl
OCl
SCI
OH
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1
INTRODUCTION
such that certain ethnic groups were, and are still, denied
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2
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3
postcolonial experience.
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4
plural societies.
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5
Malay elites.
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6
while denying political rights to the Malay rank and file and
the immigrants. Since the Malay states came under British rule
State within which they resided; there did not exist a common
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7
nation."
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8
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9
the May 1969 political crisis was used by the UMNO leaders to
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10
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11
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12
working classes.
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13
share to the full in the social heritage and to live the life
the 19th century, and social in the 20th century, enlarged the
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14
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15
rights had to be fought for, and when they were won they had
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16
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17
reveals not one but at least five viable strategies for the
T h e M a r g i n a l i z a t i o n of E t h n i c i t y
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18
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19
Anglicized nation-state.6
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20
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21
Turks in Germany, and East and West Indians and South Asians
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22
into account the role which the minority ethnic groups have
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23
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24
ding, their privileges and power. Let us next explore the com
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25
"primordial" terms.
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26
means for the struggle for access to resources and power; and
reality is that ethnic boundaries are not defined for all time
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27
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28
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29
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30
symbols.
capacity in general.
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31
the native group symbols.19 For the native elites, the eleva
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32
than not is adopted as the offical language not for its wider
identity.
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33
and bolstering group worth. More often than not the native
dominance.
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34
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35
consider how the state could, and did, act as the agent of
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36
colony.
alien distinction.
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37
this way, though the Malay elites might have lost their power,
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state, where they gained experience, not in the art of self-
process.
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39
public opinion made it more and more difficult for the British
British state would not tolerate, much less accept, any local
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40
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41
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42
the National Front (NF). Thus, since the 1969 ethnic riots,
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43
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44
but often had not much to do with one another. Largely because
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45
TABLE 1
Source Figures for 1911 and 1921 from The Census of British
i•
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46
TABLE 2
Secondary
Manufacturing 84.4 (6) 191.0 (19) 15.5 (5)
Construction 16.9 (1) 56.2 (4.7) 4.7 (2)
Tertiary
Utilities 10.2 (1) 3.8 (-) 6.8 (2)
Transport 49.0 (3) 45.5 (4) 19.7 (7)
Commerce 69.3 (5) 192.6 (19) 31.6 (11)
Services 256.1 (18) 188.5 (18) 73.9 (25)
TABLE 3
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47
TABLE 4
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48
with the historical agents who act as the bridge between the
on the May 1969 political crisis, other than the book by Tunku
aftermath.
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49
formed the kerajaan system and states. Yet, if the British did
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50
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51
them, the subject class, who comprised the great bulk of the
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52
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53
the more peasants to work the land, the more goods produced,
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54
logical that the system in the main was geared towards the
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55
(Maxwell 1891: 128). Two barriers, one cultural and the other
world, the social world, the self, and the relations between
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56
114).9
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57
religious and the other secular. On the one hand, in line with
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58
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59
chiefs. And, since chiefs who allied with the holder would
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60
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61
subjection.14 The feudal rule thus was that the subjects per
1986) ,15
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62
vested in the Ruler such that peasants cannot "own" lands but
only "rent" or "use" them. When the ruling elites "are" the
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63
ruling elite.
because the ruling elite looked upon and treated the subjects
then the "people" would function "as the backdrop before which
sents the state "before" and not "for" the "people," and their
sorts was the "public arena" where the ruling elite displayed
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64
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65
Though the initial Chinese presence did not have any major
faire development
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66
TABLE 5
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67
TABLE 6
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SS
kuan were of the same speech-group and would come from the
"natural" selves.24
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Huay kuans served a number of social and cultural
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70
based one that recruits from a wider base (Mak 1981: 124-125) .
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71
collectivity.
not were used to control the laboring classes for the Chinese
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72
Instead, the unspoken rule was that members should bring their
essentially done from the top down. Above all, as the business
of belonging to a "collectivity."
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73
British presence was weak and where there was a large Chinese
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74
1851, and 1854, and Penang in 1850, 1857, and 1867 (Blythe
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75
states were spurred by the growing demand for tin on the world
work, and expand the mines, the Malay elites borrowed capital
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76
Table 7
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77
Long Jaafar and his son Ngah Ibrahim very wealthy — and
(Khoo 1972).
there were now groups which would not abide by the conventions
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78
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79
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80
FIGURE 2
50 100
_t
MILES
S Ii M
PERLIS! !l^ l,
iKEDAH;!,,^' ,✓*. - i ;;
'.'I
aiSfc)
GQ j ^
p r o v in c e /
VVELLESLEY/tc^::::::!!::!:::::^!- 1 k e l a n t a
(IS C O ) TRENGG ANU
Ii II!II1
1III III iii mmilk *- * v
:NEGRI
LiiijlSEMplLANri:
MALACCA
JOHORE
SU M A T R A
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81
agreements signed with the Rulers, the Malay states came under
between the British authorities and the Malay Rulers was this;
the land belonged to the Malays and that the British were
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82
in the Malay state (Sidhu 1980: 18). This was because under
force and judicial system. The Resident thus was the real
System, which more or less played the same functions and roles
as the Residential System.
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83
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84
the elites' new salaried positions in the new regime were non-
1984: 23).
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85
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86
British entered the UMS, they found that the Rulers in all the
model in the FMS (Emerson 1937; Roff ed. 1974; Sharom 1984;
send only a small number of MCS officers to help run the UMS;
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87
FMS. Hence, the MAS administrators in the UMS had larger roles
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88
The most coveted status was British citizenship which only the
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89
MAS. Since the British had always maintained they were just
them from the upper echelon of the colonial civil service and
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90
itself between the ruling elite and the subjects. Indeed, with
their subjects.
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91
that the boundaries between state and society became more and
authority.
that the state would to some extent seek inputs from the
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92
Law, the public would have access to certain civil rights and
and Chinese and Indian workers were largely excluded from the
policy-making processes.
Summary
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93
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a huge influx of Chinese and Indian immigrants to the penin
the peninsula the colonial civil society (see Chapter 3). And
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95
was only natural that the colonial civil society found its
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96
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97
at the turn of the twentieth century the rulers, and the other
outside world increased the traffic of news and ideas into the
expanded.
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98
with the Malays and were only concerned with the issues and
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99
because they were the ones who could afford to perform the haj
(McDonnell 1990).
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100
between 1906 and 1908, was founded by Sheik Mohd. Salim al-
remind those who are forgetful, arouse those who sleep, guide
those who stray, and give a voice to those who speak with
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101
Malay elites for their failure to "hold fast to and carry out
Q u r a n and S u n n a h .
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102
(community). That is, they argued that since Malays were also
Muslims, then they all were part of the umat Islam (Islamic
Second World War, with the birth of a new expansive Malay idea
11 See Loh's S e e d s o f S e p a r a t i s m : e d u c a t i o n a l p o l i c y in
Malaya 1874-1940 (1975), chapter 1.
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103
For the elites and the Kaum Tua, the Kaum Muda's
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104
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105
community.
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106
17). For example, Abdul Rahim Kajai, one of the most important
a religion," and thus rejected the idea that Islam was a bond
Brotherhood):
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107
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108
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109
outright hostile to, any such republican moves, the KMM did
schemes.
1983: 11). The KMM thus urged the still largely parochial
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110
Malays are the "rightful owner" of the land and regarded the
British stance, that the KMM turned to the Japanese for help.
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Ill
the KMM did not succeed in gaining the trust and confidence of
conflict with this rule. For the majority who remained in the
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112
civil servants could legally join them.20 On the one hand, the
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113
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114
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115
It was only the members of third group who looked towards and
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116
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117
of the KMTM were from the merchantile and business class, who
Some of them were also members of the Tung Meng Hui (1900-
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118
the top leadership of the KMTM had only limited control over
leadership was in touch and had control over the rank and file
classes leadership.
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119
San Min Chu I28, and, above all, to be loyal to China and to
barriers in Malaya.
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120
The latter initially had the upper hand over the MCP in
nationalist group.
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around the same time as the nationalists, they had always had
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122
despite its class ideology, the party could not shake off its
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123
was made worst by the fact that most of their activities had
was not surprising given the fact that most of its local
stratum: for example, Chin Peng, Lam Swee, Lau Yew, and Wu
the Chinese community, both the KMTM and MCP, by raising the
public spaces; for instance, they made full use of the social
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124
living conditions, and rights. In short then, the KMTM and MCP
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125
politics of Malaya.
the Chinese community. The most prominent members were Dr. Lim
Boon Kheng, Song Ong Siang, Tan Cheng Lock, and Lim Cheng Ean.
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126
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127
them the equal status as the Malays. Thus, though the British
SCBA, and appointed some leaders of the SCBA into the SS civil
d ip1omacy" strategy.
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128
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129
an editorial in T h e S y o n a n T i m e s wrote
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130
Since the Japanese had to rely more upon them to ensure the
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131
banned was that the Japanese suspected that members of the KMM
work with the Japanese. For example, with the support of the
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132
men into the police, local militia, and voluntary forces. The
primary tasks of the Malay police and militia were the mainte
In the end, the bureaucratic elites and the KMM roles in the
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133
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134
and became the primary support base for the MPAJA (Malayan
elites who did not, or did not manage, to flee the colony,
some were arrested42 and some were coerced into joining the
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135
resist the Japanese, the MCP formed the MPAJA and its under
average age of the MAPJA army was nineteen and its total
war with the Japanese the MPAJA received much support and help
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136
ties, a contest of, and for, power ensued between the Malay
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137
and executed.
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138
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139
SUMMARY
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Among the Chinese, although the KMTM and MCP were limited
they did not share any common values, practices or goals. Thus
there did not exist a common Malayan public culture. And given
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141
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142
businessmen.
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143
the colonial state. For the planners this would entail further
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144
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145
state, then how would that affect the position and sovereignty
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146
and dignity" (Lau 1987: 84) and the Malay States'" autonomy
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147
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148
truly radical departure from the prewar years where there was
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149
Malays must not rely upon past "privileges" and the Chinese
that the Chinese prewar legal status had not helped them to
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150
(1) any person born in the peninsula before the date when the
Order comes into force, (2) any person aged 18 or above who
the date when the order comes into force, and (4) any person
qualify by jus soli and, out of the remaining 37.5 percent who
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151
Malay communities would have equal rights, they would not have
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152
to the plan. The Malayan Union Plan not only jolted many
The immediate reason was that faced with the postwar food
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153
(Lau 1990: 127) . Above all, the two most active Chinese
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154
affiliation to China and at the same time enjoy all the rights
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155
party, it was also clear that the MCP criticisms of the plan
Cheah 1983: 241 -265; Khong 1984: 47-72). In the end, the MCP
their central objection was that the Malayan Union plan did
they objected to the fact that the plan would preserve British
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156
community.18
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157
the plan changed after they had time to critically assess its
Finally, the MNP did not see granting equal citizenship rights
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158
British authorities; the party thus was banned with the advent
of the MCP armed revolution. In any case, the MNP was a not
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159
Malay rights, and two, its long-term aim was to protect and
also clear that the party attracted support from nearly all
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160
February 1947,
this earth).
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161
ordinary Malays.
Melayu" (Long Live the Malay people) and not "Hidup Raja"
(Long Live the King). Hence, for the UMNO, it was the inte
rests of the Malay race that must be upheld over all else or,
the end, for party, the ruler institution "is important but
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162
Ra j a jadi Rak y a t dan Rakyat jadi Raja (the Ruler is the People
and the People are the Ruler), which affirmed a new form of
(Abdul Rahman 1986). The general Malay popular belief was that
they were the rightful owner of the land and that any future
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163
that is, Straits Chinese. The rest of the Chinese who were
their home provided ... were of good conduct, and spoke either
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164
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165
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166
Party.
F o r m a t i o n of t h e E t h n i c C o n s o c i a t i o n d u r i n g t h e E m e r g e n c y
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167
political forces, the UMNO and MCA were given a free hand —
between the UMNO and the MCA elites were great, but with the
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168
It was clear that when the MNP left UMNO, the administra
This was because UMNO had the support of the majority of the
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169
MNP. And unlike the MNP which was hounded by the British,
Finally, there was also the close rapport between the Malay
work with.
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170
with the UMNO might help to preserve what was left of their
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171
felt that just because they were Chinese and critical of the
sympathizing with the MCP when in fact they, condemned the MCP
this way, when the MCA was established in 1949, it filled the
33 Tan Cheng Lock and Tan Siew Sin, the father and son
team (Heng 1988: 291).
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172
the other hand, it was only with the addition of the KMTM and
or somewhere in-between. Just like the UMNO, the MCA had the
135) .
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173
their meetings. While the CLC did lead the UMNO and MCA
1987: 19).
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174
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175
the seed for the future cooperation between UMNO and MCA.
Thus, the UMNO-MCA alliance was formed even though "the people
gress, MIC) swept nearly all the seats which they contested.38
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176
It would seem that the British did not learn from the
Alliance.
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177
Dr. Ismail, Khir Johari, Senu Abdul Rahman, Rahman Talib, Aziz
the MCA were Tan Siew Sin, Ong Yoke Lin, T.H. Tan, H.S. Lee,
Leong Yew Koh, Too Joon Hing, and Yong Pung How.39 While there
Tan Cheng Lock was left out for health reasons. The
MIC was represented by V.T. Sambanthan, V. Manikavasagam, K.L.
Devaser, K. Ramanathan, and B. Kaher Singh
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178
language issues.
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179
known that they wanted this principle upheld, the UMNO leaders
not only agreed to it, but also agreed to relax the criteria
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180
Memorandum 1956).
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181
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182
justice between the races than any other that has been
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183
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184
Malay opinion was that the Commission had let the Malays down
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185
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186
culture in the public spaces, how would that work out when the
Summary
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187
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188
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E x t r a c t f r o m t h e F e d e r a t i o n C o n s t i t u t i o n 195 7
Fundamental Liberties
8. (1) All persons are equal before the law and entitled to
the equal protection of the law.
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190
[Communal A s p e c t s of t h e Cons t i t u t i o n ]
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191
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192
communalization of politics.
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193
rences and competition within the UMNO and MCA, and between
Broadly speaking, the disputes between the MCA and UMNO were;
on the one hand, the MCA wanted a more equal political part
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194
leaders such as Lau Pak Khuan, Leong Chee Cheong, Cho Yew Fai,
and the UMNO. For example, the UMNO alleged that they were
with the British authorities and the UMNO. Yet, as both came
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195
membership, Dr. Lim defeated Tan Cheng Lock, the incumbent and
leaders led by Dr. Lim clashed with the UMNO over the issues
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196
Malay parties did not have the two-third majority, then no one
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197
they did not object to the idea of the Malay special position
this popular Chinese pressure, Dr. Lim and his group thus
Malays.
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198
ultimatum, Dr. Lim and many of his supporters left the MCA in
before Tan Siew Sin, the new MCA President, and the other
Talib Report (1960), named after Abdul Rahman Talib, the then
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199
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200
MCA leadership could not, and did not, present a strong voice
Just like the MCA, the UMNO too was riddled with internal
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201
Malayan Union, the party attracted support from nearly all the
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202
national leaders.
groups also were growing more and more critical of the Alli
meetings, was only accepted after he and the rest of the top
leadership threatened to resign from the party. While it was
doubtful whether the UMNO as a whole accepted the idea of full
citizenship rights for the non-Malays, it, nevertheless,
showed the immense resistance in UMNO to the idea of equal
citizenship status.
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203
Ishak, a senior UMNO leader and minister, who wanted the state
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204
Ishak was expelled from the UMNO in late 1962 even though when
there was much sympathy for him from the second-echelon lea
ders and the rank and file members.16 Indeed, he also had the
Party (NCP).
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2Q5
And the fact that Chinese schools were preserved was deemed as
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206
leaders like Syed Nasir, Abdul Rahman Talib, and Syed Albar
solution was found to the problem19, and Syed Nasir and Abdul
Rahman Talib were demoted — but the UMNO managed to keep the
Bahasa dan Pustaka (DBP), led by Syed Nasir Ismail, and the
National Language Action Front (NLAF) formed in 1964 by a
loose alliance of Malay intellectuals in reaction to the
Chinese educationalist campaigns against the Talib Report and
the Education Act of 1961. Also it has to be stressed that
support for Malay as the official language was not merely an
expression of cultural nationalism but also a question of
bettering Malay employment opportunities, especially in the
public sector.
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207
against Tunku Abdul Rahman and his group became more and more
educated critics, such as Tun Razak and Dr. Ismail, who wanted
Albar, Syed Nasir and Ghafar Baba, who wanted to do away with
the Chinese schools and to make Malay the sole national and
some extent identify with Tun Razak's ideas, but wanted UMNO
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208
the 1969 electoral setbacks broke the camel's back and pushed
N o n - M a l a y O p p o s i t i o n to the A l l i a n c e G o v e r n m e n t
not get to voice their opinions as they were excluded from the
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209
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210
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211
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212
ethnicity.24
chpt 3). In this way, the group equated the equal citizenship
equal footing with that of the Malays. Thus they rejected the
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213
Above all, for the most part throughout the 1960s, the
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214
While they were willing to work with other groups which they
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215
extremists.1,26
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216
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217
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218
of Islamic laws as the laws of the land would mean that the
"Islamic" state.30
base was the Malay poor, particularly the Malay peasants, they
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219
was the Malay peasants. The economic program of the Malay left
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220
Without any doubt then, the Malay left was against the
fortunate.
1970: chpt 4). Not surprisingly, the Malay left, which was
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221
work together.
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222
The D i l e m m a s a n d D e m i s e o f N o n - C o m m u n a l P o l i t i c s
parties.
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223
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224
lawyers D.R. and S.P. Seenivasagam (Vasil 1970: chpt. 6). The
realized that they would have to gain the support of the Chi
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225
the Alliance and captured the Ipoh Town Council which it con
1969 election, the PPP had also adopted the Malaysian Malaysia
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226
slogan.
Socialist Front (SF) (est. July 1957). Until 1956 the LPM
workers in the urban areas. From 1956 onwards when the LPM
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227
tried to play down the ethnic issues and accused the Alliance
soon came under attack from the LPM, especially after two
into the LPM in 1958 and 1959. First, was the Registrar of
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228
Chinese into the LMP that tipped the balance against the
communalistic. politics.
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229
rift between the LPM and PR. Precisely, while the PR was
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230
gust 1963. Initially, the merger was a bonus for the Alliance
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231
country.
the merger whereas the latter was strongly opposed to it. The
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232
merger45; the PAP was one of the prime mover of the merger.
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233
disunity, Lee Kuan Yew in June 1965 got together the PAP, PPP,
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234
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235
the banner of Lee Kuan Yew's "Malaysian Malaysia" the DAP, the
heir to the expelled PAP, again proposed that the Malay "spe
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236
and Gerakan: that is, they divided the seats between them so
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237
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238
in the society.
Summary
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239
and the PMIP, was critical of the Chinese growing demands for
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240
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241
how the crisis became a means for the UMNO leaders to entrench
The M a y 196 9 P o l i t i c a l C r i s i s
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242
sition parties, and the UMNO was surprised by the PMIP good
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243
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244
political base.
Political Impasse in S t a t e G o v e r n m e n t s
Malay state.6
tions were Alliance 19 (UMNO 18, MCA 1) and 14 seats (UMNO 12,
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245
the Gerakan, DAP, and PPP was politically disastrous for the
must be "of Malay race and profess the Muslim religion." The
1969 electoral results for the first time put the Malay
events were to show that the UMNO was opposed to the idea of
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246
theless, the main reason why the PPP and DAP had only a slim
party, which held the lynchpin in both states, was rather wary
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247
supporters.
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248
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249
damaged, 211 (NOC 1969; Abdul Rahman 1969). Among the killed
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250
UMNO, DAP, and Gerakan parties (Reid 1969; von Vorys 1975;
Comber 1983).
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251
the UMNO, with Tun Razak acting as director and Tunku Abdul
The other members of the NOC were Tun Tan Siew Sin
(MCA), Tun Sambanthan (MIC), Tun (Dr.) Ismail (UMNO), Hamzah
bin Dato Abu Samah (UMNO), Tan Sri Ghazali bin Mohammed Shafie
(civil servant and later UMNO), General Tengku Osman bin
Tengku Mohamed Jewa (Armed Forces Chief-of-Staff), Tan Sri
Mohamed Salleh bin Ismael (Inspector General of Police), Tan
Sri Abdul Kadir bin Shamsuddin (Director of Public Services),
and Lieutenant-General Dato Ibrahim bin Ismail (Sunday Times
May 18 1969).
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252
the Director of the NOC, became the de facto ruler, and for
day was the NOC. The first item on the NOC's agenda was, of
in the society.
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253
and only Chinese gangs were the enemies of" law and order
(Reid 1969: 270). This was because the army, unlike the
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254
accept the explanation that many Malays went amuk due to the
Hence, the irony was that even though the Chinese community
bore the brunt of the ethnic violence, most of the people who
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255
In his 1969 book May 13: Before & After, Tunku Abdul
"bargain." He claimed,
Of course, what the Tunku left out was the fact that many
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256
was because the PMIP was receiving financial backing from the
openly or behind the scenes" (ibid: 64). Above all, the Tunku
ethnic violence (ibid: 76). The Prime Minsiter thus was quick
May 13. In his broadcast of Thursday evening May 15, the Tunku
Razak and Tun (Dr.) Ismail, the new Minister of Home Affairs.
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257
two weeks after the Tunku's book, the NOC Report squarely
unlike the Tunku, the NOC maintained that "it would not be
the end, for the NOC, it was the taunts and insults heaped on
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258
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259
had designed. On the other side, the UMNO leaders used the
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260
the public about the issues and objectives for the society.
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261
violence, Tun Razak and the NOC in the name of "national inte
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262
the Malay side and the DAP, PPP, and Gerakan on the Chinese
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263
the country. For example, the NOC (1969; ix) blamed the
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264
166) .
constitution.
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26 5
not passed he would not lift the Emergency Rule ( The Straits
parties, the PMIP and the Gerakan supported the amendment, and
follows:
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266
any law passed by virtue of the amended Article 10" (Von Vorys
careful each time when they bring out the issue of the non-
the DAP, had been tried and/or convicted under the Sedition
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267
Malays for all time" (1969: 145). Thus, moving along with the
king of the PMIP, the UMNO has moved towards a decidedly Malay
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268
society.
that
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269
lieu of this view, the emerging UMNO clique used the crisis
ling the power struggle within UMNO, and (3) entering into a
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270
power the Malays must unite behind the party (Mauzy 1983: 47)
This was because the Chinese support for the non-Malay oppo
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271
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272
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273
for study abroad were given to Malay students (Reid 1988: 78) .
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274
At the same time, the government has cut off all funding to
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275
for the Malays to unite behind the UMNO. In line with this
persuasions to unite;
operate with the UMNO; the PMIP joined the National Front (BN)
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276
the Malays were credited to UMNO. In short, UMNO has used the
ty which had broke out in the wake of the May 1969 political
crisis. The power struggle pitted the old guard led by Tunku
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277
the MCA from the Government and wanted the UMNO to form the
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278
rank and file members. Indeed, the young turks received strong
Tunku and his past policies. This was because neither Tun
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279
Dr. Mahathir was expelled from UMNO on July 12 1969 and Musa
it was a pyrrhic victory for the old guard. This was because
the popular pressure from within UMNO and from without against
the Tunku and his alleged "give and take" policies were deep
party's support among the Malay public. Faced with such stiff
However, the young turks did not replace Tunku and his
old guards, but, rather, the "neutral" group led by Tun Razak
group later reinstated Dr. Mahathir and promoted him and seve
the UMNO and in the government. This was not surprising as the
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280
not believe that the Malays should govern alone. Rather, they
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281
struggle within UMNO, Tun Razak and Tun Ismail turned to the
18, 1971) ,36 Initially, the MCA, before the ethnic rioting
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282
Dr. Lim Chong Eu, the head of Penang Gerakan, who did have a
history of working with UMNO and who had already given signs
of Gerakan, led by Dr. Tan Chee Khoon and Syed Hussien Alatas,
13, 1972. And within a couple of months, the PPP also decided
to join the new coalition on April 15, 1972. Both the Gerakan
set by the UMNO (Von Vorys 1976; Mauzy 1981). Hence, in the
parties were clearly the junior partners and the UMNO the
senior partner.
the ballot box was greatly reduced. Also, since 1969, at the
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283
Summary
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284
the one hand and to the erosion of the Chinese political and
the fact that the bulk of the Chinese voted for the non-Malay
law and order in the society, which the NOC, the de facto
ment. At the same time, the UMNO has decided upon a new set of
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285
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286
CHAPTER 7 CONCLUSION
that his approach crucially left out the state factor in the
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287
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288
Malaysian citizenship.
is that the ruler was all powerful and the subject was the
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289
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290
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291
into the colonial society. The Chinese hence were left to fend
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292
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293
the one side and for bringing the Chinese to their land on the
oriented KMK, all the Malay groupings, however, did not strug
193 0s, the communists did begin to organize the Chinese wor
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294
elected government.
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295
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296
to work with and to form an alliance with the UMNO, the pre
elites, the UMNO was abled to garner the support of the Malay
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297
state and every village and a political base that cut across
hegemony.
state played a major role in bringing the UMNO and MCA leaders
times, it was clear that while the UMNO had considerable mass
support, the MCA support among the Chinese was not that wide
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298
comprises reached between the UMNO and MCA leaders did not
the Malay language on the other. Also, the UMNO claimed that
in their bargain the MCA, and thus the Chinese, agreed to the
did not accept the bargain. On the other side, the bargain was
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299
the UMNO leaders were not doing enough to promote the Malay
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300
Even though the direct cause of May 13 ethnic riots was the
Malay parties which joined UMNO to form the National Front had
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301
the government.
among the Chinese public have eroded to the extent that it has
seats where Malays form the majority vote. It follows that the
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of struggles for citizenship rights in Malaysia, the problem
the non-Malays. Above all, for the UMNO and its non-Malay
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303
A P P E N D IX A
Revised up to 1 December 1969 and date appointed for coming into force 14 April 1970*
(2) Notwithstanding anything in sub-section (1) ( c) Prints, publishes, sells, offers for sale, dis
' an act, speech, words, publication or other thing tributes or reproduces any seditious publi
shall not be deemed to be seditious by reason only cation; or
that it has a tendency: I d ) Imports any seditious publication,
fa) To show that any Ruler has been misled or shall be guilty of an offence and shall, on
mistaken in any o f his measures; conviction, be liable for a first offence to a fine
( b) To point out errors or defects in any not exceeding five thousand dollars or to imprison
Government or constitution as by law established ment for a term not exceeding three years or to
or in legislation or in the administration of justice both, and, for a subsequent offence, to imprison
with a view to the remedying of the errors or ment for a term not exceeding five years; and any
defects; seditious publication found in the possession of
the person or used in evidence at his trial shall be
( c) To persuade the subjects o f any Ruler or
forfeited and may be destroyed or otherwise
the inhabitants o f any territory governed by any
disposed of as the court directs.
Government to attempt to procure by lawful
means the alteration of any matter in the territory (2) Any person who without lawful excuse has
of the Ruler or governed by the Government as by in his possession any seditious publication shall be
law established;or guilty of an offence and shall, on conviction, be
( d ) To point out, with a view to their removal, liable for a first offence to a fine not exceeding
any matters producing or having a tendency to two thousand dollars or to imprisonment for a
produce feelings of ill-will and enmity between term not exceeding 18 months or to both, and, for
different races or classes of the population of a subsequent offence, to imprisonment for a term
Malaysia, not exceeding three years, and the publication
shall be forfeited and may be destroyed or
otherwise disposed of as the court directs.
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304
Provided that for the purposes of this sub 9. (1) Whenever any person is convicted of
section a prosecution shall be deemed to be begun publishing in any newspaper matter having a
against any person when a warrant or summons seditious tendency, the court may, if it thinks fit,
has been issued in respect o f any charge made either in lieu o f or in addition to any other
against that person and based on the facts or punishment, make orders as to all or any of the
incident in respect of which the prosecution following matters:
afterwards proceeds. ( a) Prohibiting, either absolutely or except on
(2) No person shall be prosecuted for an conditions to be specified in the order, for any
offence under section 4 without the written period not exceeding one year from the date of
consent of the Public Prosecutor. In such written the order, the future publication of that news
paper;
consent the Public Prosecutor may designate any
court within Malaysia to be the court of trial. ( b j Prohibiting, either absolutely or except on
conditions to be specified in the order, for the
6. (1) Notwithstanding anything to the con period aforesaid, the publisher, proprietor, or
trary contained in the Evidence Ordinance, no editor of that newspaper from publishing, editing
or writing for any newspaper, or from assisting,
person shall be convicted o f an offence under
section 4 on the uncorroborated testimony of one whether with money or money’s worth, material,
witness. personal service, or otherwise in the publication,
editing, or production of any newspaper; and
(2) No person shall be convicted of any offence ( c j That for the period aforesaid any printing
referred to in section 4 (1 ) f c j or ( d j if the person press used in the production of the newspaper be
proves that the publication in respect of which he used only on conditions to be specified in the
is charged was printed, published, sold, offered for order, or that it be seized by the police and
sale, distributed, reproduced or imported (as the detained by them for the period aforesaid.
case may be) without his authority, consent and
(2) Any person who contravenes an order made
knowledge and without any want of due care or
under this section shall be guilty of an offence and
caution on his pan, or that he did not know and
shall, on conviction, be liable to a fine not
had no reason to believe that the publication had a
exceeding five thousand dollars or to imprison
seditious tendency.
ment for a term not exceeding three years or to
both.
7. Any person to whom any seditious pub (3) Nothing in this Act shall affect the power
lication is sent without his knowledge or privity o f the court to punish any person contravening an
shall forthwith as soon as the nature of its order made under this section for contempt of
contents has become known to him deliver the court:
publication to the officer in charge of a police
Provided that no person shall be punished twice
district or, in Sabah and Sarawak, to an adminis
for the same offence.
trative officer or to the officer in charge of the
nearest police station, and any person who
10. (1) Whenever on the application of the
complies with the provisions of this section shall
Public Prosecutor it is shown to the satisfaction of
not be liable to be convicted for having in his
the court that the issue or circulation of a
possession that publication:
seditious publication is or if commenced or con
Provided that in any proceedings against that tinued would be likely to lead to unlawful
person the court shall presume until the contrary violence, or appears to have the object of promot
be shown that the person knew the contents of the ing feelings of hostility between different classes
publication at the time it first came into his or races of the community, the court shall make
possession. an order (in this section called a “prohibition
order”) prohibiting the issuing and circulation of
8. (1) A Magistrate may issue a warrant that publication (in this section called a “pro
empowering any police officer, not below the rank hibited publication”) and requiring every person
o f Inspector, to enter upon any premises where having any copy o f the prohibited publication in
any seditious publication is known or is reasonably his possession, power, or control forthwith to
suspected to be and to search therein for any deliver every such copy into the custody o f the
seditious publication. police.
(2) An order under this section may be made
(2) Whenever it appears to any police officerex parte on the application of the Public Pros
not below the rank of Assistant Superintendent ecutor in chambers.
that there is reasonable cause to believe that in any
premises there is concealed or deposited any (3) It shall be sufficient if the order so de
seditious p u b lic a t io n , anu he has reasonable scribes the prohibited publication that it can be
grounds for believing that, by reason of the delay identified by a reasonable person who compares
which would be entailed by obtaining a search the prohibited publication with the description
warrant, the object of the search is likely to be order.
frustrated, he may enter and search the premises as (4) Every person on whom a copy o f a pro
if he were empowered to do so by a warrant issued hibition order is served by any police officer shall
under subsection (1). forthwith deliver to that police officer every
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
305
prohibited publication in his possession, power, or (7) The owner of any prohibited publication
control, and, if he fails to do so, he shall be guilty delivered or seized under this section may. at any
of an offence and shall, on conviction, be liable to time within 14 days after the delivery or seizure,
a fine not exceeding one thousand dollars or to petition the court for the discharge of the prohib
imprisonment for a term not exceeding one year ition order, and the court, if on the hearing of the
or to both. petition it decides that the prohibition order ought
not to have been made, shall discharge the order
(5) Every person to whose knowledge it shall and shall order the prohibited publication deliv
come that a prohibited publication is in his ered by or seized from the petitioner to be
possession, power, or control shall forthwith returned to him.
deliver every such publication into the custody of
(8 ) Every prohibited publication delivered or
the police, and, i f he fails to do so, he shall be
seized under this section with respect to which a
guilty of an offence and shall, on conviction, be
petition is not filed within the time aforesaid or
liable to a fine not exceeding one thousand dollars
which is not ordered to be returned to the owner
or to imprisonment for a term not exceeding one
shall be deemed to be forfeited to the Federal
year or to both.
Government.
(6) The court may, if it thinks fit, either before (9) For the purposes of this section “court”
Or after or without service of the prohibition order means the High Court.
on any person, issue a warrant authorising any
police officer not below the rank o f Inspector to 11. Any police officer not below the rank of
enter and search any premises specified in the Inspector may arrest without warrant any person
order, and to seize and carry away every prohib found committing or reasonably suspected of
ited publication there found, and to use such force committing or of having committed or of attempt
as may be necessary for the purpose. A copy of ing to commit or o f procuring or abetting any
the prohibition order and of the search warrant person to commit any offence against this Act, or
shall be left in a conspicuous position at every reasonably suspected o f the unlawful possession of
building or place so entered. any thing liable to forfeiture thereunder.
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306
SELECT BIBLIOGRAPHY
______ (1946). R e p o r t o n a M i s s i o n t o M a l a y a ( M a c M i c h a e l
Report). Colonial No. 194, London: H.M. Stationary Office.
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307
______ (1950). C o n s t i t u t i o n a l D e v e l o p m e n t in S o u t h e a s t As i a :
M i n u t e s o f t h e F i f t e e n t h C o m m i s s i o n e r G e n e r a l ' s C o n f e r e n c e , CO
537/5970, Kuala Lumpur: Government Press.
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and t h e F e n n - W u R e p o r t o n C h i n e s e E d u c a t i o n , Kuala Lumpur:
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(1957) . T h e 195 7 C e n s u s R e p o r t - A P r e l i m i n a r y R e p o r t
B a s e d o n " F i r s t C o u n t T o t a l " R e t u r n s , Kuala Lumpur: Government
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(1972). P a r l i a m e n t a r y D e b a t e s o n t h e c o n s t i t u t i o n a l
A m e n d m e n t Bil l , 1971, Kuala Lumpur: Government Printer.
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______ (1982) . T h e M a l a y s i a n C h i n e s e : T o w a r d s N a t i o n a l u n i t y ,
Kuala Lumpur: MCA.
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ALIRAN (1987). R e f l e c t i o n s o n t h e M a l a y s i a n C o n s t i t u t i o n ,
Penang: ALIRAN.
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_______ (1992). R u l e r s a n d R e s i d e n t s : I n f l u e n c e a n d P o w e r in
t h e M a l a y S t a t e s 1 8 7 0 - 1 9 2 0 , New York: Oxford University Press.
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________(1982) K e r a j a a n : M a l a y P o l i t i c a l C u l t u r e o n t h e E v e of
C o l o n i a l Rule, Tucson, Arizona: University of Arizona Press.
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______ (1974). F r o m M a l a y a n U n i o n t o S i n g a p o r e S e p a r a t i o n ,
Kuala Lumpur: Penerbit Universiti Malaya.
Poggi, G. (1978). T h e D e v e l o p m e n t of t h e M o d e r n S t a t e : A
Sociological Introduction, California: Stanford University
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Shaw, William (1976). Tun Razak: His Life and Times, New
York: Longman.
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Soh Eng Lim (1960) . Tan Cheng Lock: His Leadership of the
Malayan Chinese, JSEAH, v .10(2).
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Newspapers
B i n t a n g Timur, Malaysia.
New Straits Times (after 1969), Malaysia.
The Rocket (DAP), Malaysia.
Straits Times (pre-1969), Singapore.
U t u s a n M e l a y u , Malaysia.
W a t a n , Malaysia.
Magazine
ALIRAN, Malaysia.
Dewan Masyarakat, Malaysia.
Far Eastern Economic Review, Hong Kong.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.