Perlembagaan Persekutuan
(1) As from the passing of the Malaysia Act no amendment
- Jurisdiction
- Malaysia
- Provision
- 161e
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source161e. (1) As from the passing of the Malaysia Act no amendment
to the Constitution made in connection with the admission
to the Federation of the State of Sabah or Sarawak shall be
excepted from Clause (3) of Article 159 by paragraph (bb) of
Clause (4) of that Article; nor shall any modification made as to
the application of the Constitution to the State of Sabah or Sarawak
be so excepted unless the modification is such as to equate or
assimilate the position of that State under the Constitution to the
position of the States of Malaya.
(2) No amendment shall be made to the Constitution without
the concurrence of the Yang di-Pertua Negeri of the State of
Sabah or Sarawak or each of the States of Sabah and Sarawak
concerned, if the amendment is such as to affect the operation
of the Constitution as regards any of the following matters:
(a) the right of persons born before Malaysia Day to citizenship
by reason of a connection with the State, and (except
to the extent that different provision is made by the
Constitution as in force on Malaysia Day) the equal
treatment, as regards their own citizenship and that of
others, of persons born or resident in the State and of
persons born or resident in the States of Malaya;
(b) the constitution and jurisdiction of the High Court in
Sabah and Sarawak and the appointment, removal and
suspension of judges of that court;
(c) the matters with respect to which the Legislature of the
State may (or Parliament may not) make laws, and the
[Article 161e] Federal Constitution 160
executive authority of the State in those matters, and
(so far as related thereto) the financial arrangements
between the Federation and the State;
(d) religion in the State, the use in the State or in Parliament
of any language and the special treatment of natives of
the State;
(e) the allocation to the State, in any Parliament summoned
to meet before the end of August 1970, of a quota of
members of the House of Representatives not less, in
proportion to the total allocated to the other States which
are members of the Federation on Malaysia Day, than
the quota allocated to the State on that Day.
(3) No amendment to the Constitution which affects its operation
as regards the quota of members of the House of Representatives
allocated to the State of Sabah or Sarawak shall be treated for
purposes of Clause (1) as equating or assimilating the position
of that State to the position of the States of Malaya.
(4) In relation to any rights and powers conferred by federal
law on the Government of the State of Sabah or Sarawak as
regards entry into the State and residence in the State and matters
connected therewith (whether or not the law is passed before
Malaysia Day) Clause (2) shall apply, except in so far as the law
provides to the contrary, as if the law had been embodied in the
Constitution and those rights and powers had been included among
the matters mentioned in paragraphs (a) to (e) of that Clause.
(5) In this Article “amendment” includes addition and
repeal.
Source record
Source and verification
Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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