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Bill to allow the detention of rebels
Published on: Thursday, December 13, 1962
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NORTH BORNEO NEWS & SABAH TIMES - (Thursday, December 13, 1962) - JESSELTON, Wed. – Standing Orders were suspended this morning, the second day of the Legislative Council meeting, to allow the Attorney General to introduce the Detention of Persons Bill “as a matter of urgency”

The Bill, which was passed after the usual three readings, without dissent, seeks to make possible the detention in North Borneo of persons who have participated in the recent disturbance in Brunei and Sarawak.

Speaking on the second reading of the Bill, the Attorney-General said the Bill would enable the Government, during this emergency, to detain in this territory persons who had been arrested by the Government of Brunei and Sarawak in their own territories but who for reasons of security could not be detained in those countries. 

The Bill would enable them to be detained in North Borneo at the request of the Government concerned. 

The Bill allows for the detained persons to make representations if they are aggrieved at their detention. The representations would be transmitted to the Government of Brunei or Sarawak as the case might be.

The Ordinance comes into operation today, 12th December and expires on 30th June 1963 unless the Legislative Council declares it should continue in force for a further period.

The morning’s business began with the laying of two papers by the Financial Secretary: the Excise Ordinance – The Excise (Amendment No.2) Order 1962 (Paper 47) and the Customs Ordinance – The Customs Duties (Amendment No.6) Order, 1962, which were both later passed, the latter with the following amendment: 

“Section 140 of the Principal Ordinance is amended by the insertion after the word “cigarettes” of the comman and word “matches”.

Standing Orders were again suspended before this Paper (Customs Duties Amendment No.6) Order was passed, to enable the Hon. Lai En Kong to introduce a Motion that the Order “cease to have effect in relation to paragraph 2.”

Mr. Lai said he did not think the additional revenue which the Financial Secretary had estimated would come from the cigarettes and tobacco taxes which he had imposed yesterday, would materialise. 

He asked the Financial Secretary to assure him that the increase of nearly one million dollars could really be gained in the year 1963. 

He did not think in any case there was an urgent need to increase taxation for development: the Financial Secretary had stated in his budget speech yesterday that there was more money in our development Fund than could be spent, he said. 

“He has given us a most rosy account of buoyant revenue for 1963. He has also stated yesterday that the more we can put into our Development Fund before Malaysia Day the better; but can he assure us that North Borneo will retain control of development after Malaysia.” 

Neither did he think it was necessary to keep in line with Sarawak, our partner in the Borneo Free Trade area. 

He contended that the increases in Customs duties under this Order were unnecessary even if they did materialize. 

Replying the Financial Secretary, Mr. H.W Davidson, said that there were three reasons why this duty should be increased: 

(1) we should keep in line with Sarawak as we had entered into the Borneo Free Trade Area agreement with them; he had consulted the Commissioner of Trade and Customs and did not think the estimated increase of revenue was unreasonable. Although revenue was good it was always necessary to allow for some falling off.

(2) He thought we should also keep closely in line with Malaya. 

(3) If the Order was not made there would be a loss of reasonable amount of useful money. He could not give, any assurance as to what would emerge from the Inter-Governmental Committee but we were doing our best to ensure that this country had a say in development matters, even if we did not retain all our finance.

Mr. Lai then withdrew his Motion saying that he had mainly wanted his contentions to be put on record – time would tell who was right, he added.



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