A Doctor in The House: A Memoir of Tun Dr Mahathir Mohamad (17 page)

The Rulers’ subjects were apolitical and considered it an absolute right of the Rulers to dispose of their territories as they thought fit. There may have been intrigues in the courts, but there were no rebellions by the people. Even if a Ruler was incapable, cruel or irresponsible—with the notable exception of Sultan Mahmud Shah II of Johor-Riau who was assassinated
[2]
—his subjects would not rise against him. Malay feudalism was deep and abiding. The ancient story of Hang Tuah and Hang Jebat
[3]
 merits elaboration within this context. The legendary Malay warrior, Hang Tuah, reputedly declared that “the Malay will not betray his Raja.” His loyalty was total and never wavered, not even when he was wrongly accused of an illicit relationship with one of the Sultan’s concubines and ordered to be put to death. However, the 
bendahara
 did not carry out the sentence. Tuah’s close companion and fellow warrior Hang Jebat, believing that his friend had already been put to death, ran amok and killed a number of palace officials. Despite the injustice done to him, Tuah never hesitated to obey the Sultan when ordered to kill Jebat.
 

To this day Malays glorify the loyalty of Hang Tuah. When there was a suggestion that a Malaysian warship be named 
Hang Jebat,
 the Tunku vetoed the idea. Jebat was a 
penderhaka,
 a traitor—and a betrayer of the sacrosanct principle of absolute loyalty to the Ruler. The decision was based on the belief that he did not deserve to have his name perpetuated. Nevertheless, we now have a naval vessel named 
Jebat
.

Despite the fact that the Sultans had no real authority during the colonial days, the Malay 
rakyat
 dutifully abstained from politics, considering it the prerogative of their Rulers. The British benefited greatly from these feudal ways. Apart from minor opposition to British rule, there was no violent uprising as seen in other colonial territories. Initially, the British East India Company did not care to extend its rule beyond Penang and Province Wellesley, but everything changed when tin was discovered in Perak. The Chinese in Penang began to move into Perak to mine tin and the industry helped in the growth of Penang. However, the wars between the Chinese tin-mining 
kongsi
 or gangs proved disastrous for the tin smelting and trading business of Penang. Seeing that the Sultan of Perak was unable to maintain law and order, the British persuaded him to accept their assistance to end the 
kongsi
 wars.

Most likely, the Sultan thought that Perak was about to become a British vassal state, and would continue to be self-administered. The British stipulation that there should be a British Resident seemed harmless enough. He was, after all, just a Resident, a figure who would reside in Perak to advise the Sultan on the administration of the state. It was assumed that this provision would not affect the authority of the Sultan or the autonomy of his state. Even the condition that the Resident’s advice had to be followed did not arouse the Sultan’s concern.

Soon after the Pangkor Treaty
[4]
 was signed, the British revealed their hand. They took over the administration of Perak and pushed aside the Sultan and his administrators. The upshot was the murder of J.W.W. Birch,
[5]
 the first Resident of Perak, after which the British were more careful. H.W. Low, the next Resident, was more diplomatic, although the execution of Birch’s alleged killer and banishment of the Sultan impressed upon the other members of the Perak ruling houses—and no doubt the other Rulers—that the British were not to be trifled with.
 

Despite what happened to Perak, three other Malay states—Selangor, Negeri Sembilan and Pahang—signed treaties with the British to accept protection. Through their Residents and their attendant powers to “advise”, the four states were forced into a federation, losing their rights to act individually. British Officers completely took over the administration of this new federation through the setting up of the Malayan Civil Service, which excluded the Malays, none of whom were regarded as having the required qualifications.

By 1914 the other five Malay states had agreed to become British protectorates. But seeing the loss of autonomy of the members of the Federated Malay States, Kedah, Perlis, Kelantan, Terengganu and Johor refused to join the Federation. They were therefore negatively branded “the Unfederated Malay States”, or “Non-Federated Malay States”. So wary were these five states of losing their authority that they refused to even join the Customs and Postal Unions proposed by the British. They were determined to retain whatever autonomy they had, even if they were now regarded as British possessions in the eyes of the world.

By the time the Pacific War broke out in 1941, the Malay Peninsula had seven different governments. The Straits Settlements of Penang, Malacca and Singapore were administered as British Colonies with a Governor residing in Singapore. The Federated Malay States of Perak, Selangor, Negeri Sembilan and Pahang had a federal government with Kuala Lumpur as its capital. Each state had a British Resident answerable to a British High Commissioner, who was under the Governor of the Straits Settlements. The federal administration was headed by the High Commissioner assisted by a Legislative Council made up of officials and nominated members. In all the states the Sultans remained responsible for the religion of Islam and Malay 
adat
. Political pensions were paid to all the Sultans and members of their families for 
not
 taking part in administration. The five Unfederated States each had its own government and civil service. Except for those in technical departments, the administration was headed by Malay officers. The Rulers of these states also received political pensions but they chaired the state councils.

All the Sultans acknowledged only Malays as their subjects. Muslim immigrants from the Dutch East Indies (now Indonesia) who were permanent residents in these states were also accepted as subjects of the Rulers. Non-Malays (Chinese and Indians largely), whether born in the Malay States or permanently resident, were all regarded as foreigners. The notion of citizenship did not arise during this period, and at no point did it occur to the Sultans that these “foreigners” would one day seek citizenship rights. When the Malay states became British Protectorates and the number of Chinese and Indians increased, the British administration created departments to look after these two groups. There was an officer designated the Protector of Chinese heading the Chinese Affairs Department in the federated states. As most of the Indians were workers in rubber estates and ports, a South Indian Labour Board was set up to look after them. The labourers would return to India every few years, sometimes with their passage paid by the Board.

For Malays, their status as subjects of the Sultans was important as the Malay states were feudal and the Rulers the legal heads. All treaties and agreements were entered into by the Rulers or, at the very least, in their names. This recognition was of great significance, especially when the Malayan Union agreements were signed and later revoked to be replaced by a new Federation agreement.

When the Japanese conquered Malaya, their policies concerning the governments of the Malay States and the Straits Settlements were not consistent. They did not depose the Malay Rulers, but the state councils were not allowed to function. Instead, each state came under a military administration headed by the 
Cho Kang Kakka
. In October 1943 the Japanese transferred the four northern states of Kedah, Perlis, Kelantan and Terengganu to Siam as reward for facilitating the Japanese invasion of Malaya. These four states had been vassals of Siam earlier, until a treaty was signed in 1909 between the British and Siamese Government in Bangkok. The agreement stipulated that the four states would be under the British sphere of influence. The other four Malay states north of Kedah, Perlis and Kelantan, that is, Setol, Patani, Narathiwat and Yala, were put under Siamese jurisdiction.

As with the Bangkok Treaty, the Malay Rulers were not consulted when the Japanese transferred their states to Siamese rule. Still, they were content as the Siamese allowed the state councils to be revived and the state governments to function. In the meantime the British, believing in their eventual return, decided to plan the structure and administration of post-war Malaya. They envisioned a return by invasion and military conquest. By extension, they would therefore be dealing with a conquered territory and would no longer be bound by past treaties with the Sultans. They never saw their failure to protect the Malay states as a breach of the treaties they had signed. Their first priority was to unify the administration of the Malay states, purportedly in order to help them prepare for self-government.

In 1943 work began in the Colonial Office in London on the Malayan Union plan. Not surprisingly, no Malay was consulted. Even the well-known British officers who had served in Malaya were ignored. The plan was for the Sultanates to be joined with the colonies of Penang and Malacca to make up the Malayan Union, administered by one Governor. Singapore was to remain under British colonial rule. The Malay Rulers would transfer jurisdiction to His Majesty’s Government, but they would continue to preside over the affairs and administration of Malay customs and Islam. While they would have no role to play in the administration or the Union government, they would continue to receive political pensions. In the Malayan Union, anyone who wished to make Malaya their permanent home, irrespective of race or religion, would be entitled to citizenship. This meant that immigrants and their descendants would enjoy equal status with the indigenous Malays and other subjects of the Sultans. There was also no condition that citizenship of other countries had to be renounced, providing immigrants with the opportunity for dual citizenship.

The invasion forces of the Allies were at sea when the Japanese surrendered. This somewhat altered the Malayan Union project, but the British were unfazed by this turn of events. They complacently thought that the Rulers could still be made to sign new treaties, which would completely transfer jurisdiction to the British Crown. At that early stage there was no thought given to the reaction of the 
rakyat
, as the British fully expected that the consent of the Rulers was all they needed in order to create the Malayan Union. The Malay Rulers must have been aware of the fate of the Indian Maharajas and the rulers of the numerous states of neighbouring Indonesia. The Maharajas merely lost their status when India achieved independence, but most of the Indonesian Sultans were killed by their people during their struggle for independence. Still, they thought it was unlikely that the gentle Malays would emulate the Indians or the Indonesians.

In September 1945, before the arrival of Sir Harold MacMichael, who was to be responsible for obtaining the consent of the Rulers, the British Military Administration decided to test the Malayan Union proposal. Brigadier H.C. Willan, the Deputy Chief Civil Affairs Officer, was assigned to see the reigning Sultans who had been recognised by the British before the Japanese invasion. He was also to meet with new Rulers who had been installed during the Occupation. The British decided that they would use the official recognition of each throne to strong-arm the Sultans into surrendering jurisdiction to the British Crown.

Willan met the Sultan of Johor first, believing that if he could get him to sign, the others would willingly follow suit. On 8 September 1945, he travelled to Johor Baru to see the Sultan in his Pasir Pelangi Palace. Willan commented that the Sultan was “genuinely pleased to see us and not once throughout the interview even hinted that the British had let him down by losing Johore”.
[6]
 He noticed a change of attitude and a subtle shift of allegiance in favour of the British. During the meeting, the Sultan said that the 20,000-dollar allowance the Japanese paid him was the same amount the British Government paid him. To Willan, this was significant. Before the Occupation, the Sultan’s monthly allowance had come out of Johor state funds. Willan explained why it was necessary to have a Military Administration and why the Sultan and his state council could not begin functioning. The Sultan fully agreed and said his only desire was to see the parade in Singapore marking the Japanese surrender, after which he wanted to proceed to England as soon as possible.
 

Next, Willan visited Selangor, which had had a change of Sultan during the Japanese Occupation.
[7]
 The new Sultan was considered an unsuitable heir apparent by the British even before the war and they made it clear that he would not be recognised. As such, Willan chose to speak only with the candidate approved by the British. But there was no talk of installing him as Sultan. Instead they dangled a carrot, saying that they would recognise him if he signed the treaty. It came as no surprise when he readily agreed to the Military Administration, the suspension of his council and restrictions on his movement.
 

The next stop on Willan’s carefully plotted path was an appointment with the Sultan of Kedah, who had also been installed during the Occupation. Willan pointedly referred to Tunku Badlishah as the Regent and not the Sultan. He recited his usual spiel, but when he said that neither the Regent nor his state council were allowed to function, the “Regent seemed a bit shaken”.
[8]
 He also told the Sultan that “His Majesty’s Government could not recognise him as Sultan because the present policy is not to recognise any Sultan who had been appointed during the Japanese period, and that was also why he could not perform any functions of a lawful Sultan”.
[9]
 The encounter with the Sultan of Kedah, however, rattled Willan and it was a sign that the Ruler was likely to make negotiations with MacMichael difficult.