Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement. Examples include a certificate , deed , bond , contract , will , legislative act , notarial act , court writ or process, or any law passed by a competent legislative body in domestic or international law . Many legal instruments were written under seal by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect.
31-508: The Malaysia Agreement , or the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore ( MA63 ) was a legal document which agreed to combine North Borneo (Sabah), Sarawak , and Singapore with the existing states of Malaya , the resulting union being named Malaysia . Signed in London, United Kingdom,
62-401: A contract simply because it was digitally signed. The law is very permissive, making essentially any electronic character in a contract sufficient. It is also quite restrictive in that it does not force the recognition of some document types in electronic form, no matter what the electronic character might be. No restriction is made to signatures which are adequately cryptographically tied to both
93-472: A few of the earliest. They vary considerably in intent, coverage, cryptographic understanding, and effect. Several other nations and international bodies have also enacted statutes and regulations regarding the validity and binding nature of digital signatures . To date, the variety (and inadequacy) of the definitions used for digital signatures (or electronic signatures) have produced a legal and contractual minefield for those who may be considering relying on
124-656: A right to self-determination and proclaimed that colonialism should be brought to a speedy and unconditional end. Under the Malaysia Agreement signed between the United Kingdom and Malaya, Britain would enact an act to relinquish sovereign control over Singapore, Sarawak and North Borneo (now Sabah). This was accomplished through the enactment of the Malaysia Act 1963 , clause 1(1) of which states that on Malaysia Day, "Her Majesty's sovereignty and jurisdiction in respect of
155-617: Is necessary to ascertain the views of the peoples. It has accordingly been decided to set up a Commission to carry out this task and to make recommendations ........ In the spirit of ensuring that decolonisation was carried in accordance with the wishes of the peoples of North Borneo, the British Government, working with the Malayan Government, appointed a Commission of Enquiry for North Borneo and Sarawak in January 1962 to determine if
186-511: The 2018 Malaysian general election , the Pakatan Harapan (PH) government promised to look into Sarawak and Sabah's grievances in relation to the Malaysia Agreement which had been neglected. After a proposed 2019 amendment to the Constitution of Malaysia to restore the status of Sabah and Sarawak according to the original content of Malaysia Agreement failed to pass a two-thirds majority,
217-579: The Brunei revolt . It would continue to be a British protectorate until it became a sovereign state on 1 January 1984. On 11 September 1963, just four days before the new Federation of Malaysia was to come into existence, the Government of the State of Kelantan sought a declaration claiming that the Malaysia Agreement and Malaysia Act were null and void, or alternatively, that even if they were valid, they did not bind
248-743: The Declaration on the Granting of Independence to Colonial Countries and Peoples and to make recommendations on its application. The committee is also a successor to the former Committee on Information from Non-Self-Governing Territories. Hoping to speed the progress of decolonisation, the General Assembly had adopted in 1960 the Resolution 1514 , also known as the "Declaration on the Granting of Independence to Colonial Countries and Peoples" or simply "Declaration on Decolonisation". It stated that all people have
279-713: The Malayan Union was established in British Malaya which comprised the Federated Malay States of Perak , Selangor, Negeri Sembilan , Pahang; the Unfederated Malay States of Kedah , Perlis, Kelantan , Terengganu, Johor ; and the Straits Settlements of Penang and Malacca . Meanwhile, Britain had direct rule over Singapore as a crown colony . It came through a series of agreements between
310-786: The U.N. Special Committee of the 24 on Decolonisation , reflected in the United Nations General Assembly's proclamation on 14 December 1960 of the Declaration on the Granting of Independence to Colonial Countries and Peoples hereinafter, the Committee of 24 , or simply, the Decolonisation Committee ) was established in 1961 by the General Assembly of the United Nations with the purpose of monitoring implementation of
341-565: The 1963 Malaysian agreement in addition to 1957 Malaya agreement. In February 2022, the name of the head of government of Sarawak was changed from "Chief Minister" to "Premier". In 2024, it was proposed that Sabah does the same. In March 2022, 11 people from Sarawak filed writ into the High Court of Sarawak to declare the Malaysia agreement null and void because the people of Sarawak did not unconditionally exercise self-determination nor referendum
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#1732845009747372-562: The Assembly. Given this situation, it would have been impossible to rely on the mandate achieved in 1959 to move forth with merger. A new mandate was necessary, especially since BS argued that the terms of merger offered were detrimental to Singaporeans – such as having reduced seats in the federal parliament compared to its population, only being able to vote in Singapore elections, and the obligation that Singapore contribute 40% of its revenue to
403-637: The Party led to a split. In July 1961, following a debate on a vote of confidence in the government, 13 PAP Assemblymen were expelled from the PAP for abstaining. They went on to form a new political party, the Barisan Sosialis (BS), the PAP's majority in the Legislative Assembly was whittled down as they now only commanded 30 of the 51 seats. More defections occurred until the PAP had a majority of just one seat in
434-545: The State of Kelantan. The Kelantan Government argued that both the Malaysia Agreement and the Malaysia Act were not binding on Kelantan on the following grounds that the Malaysia Act in effect abolished Malaya and this was contrary to the 1957 Malaya Agreement that the proposed changes required the consent of each of the constituent states of the Federation of Malaya – including Kelantan – and this had not been obtained. This suit
465-575: The United Kingdom and the Malayan Union. The Malayan Union was superseded by the Federation of Malaya on 1 February 1948, and achieved independence within the Commonwealth of Nations on 31 August 1957. Throughout the 20th century, decolonisation became the societal goal of the peoples under colonial regimes aspiring to achieve self-determination. The Special Committee on Decolonisation (also known as
496-761: The United States' courts. Most American courts prefer the filing of electronic legal documents over paper. However, there is not yet a public law to unify the different standards of document authentication. Therefore, one must know the court's requirement before filing court papers. To address part of this concern, the United States Congress enacted the Electronic Signatures in Global and National Commerce Act in 2000 (P.L. 106-229 of 2000, 15 USCS sec. 7001) specifying that no court could thereafter fail to recognize
527-426: The agreement has been in effect since 16 September 1963; Singapore was subsequently expelled from Malaysia not long after this agreement, becoming a sovereign state on 9 August 1965. Prior to World War II , British Malaya consisted of three groups of polities: the protectorate of the Federated Malay States , five protected Unfederated Malay States and the crown colony of the Straits Settlements . In 1946,
558-682: The country and for Sarawak to leave the federation, the Federal Constitution needs to be amended. The Malaysia Agreement lists annexes of Legal document With the onset of the Internet and electronic equipment such as the personal computers and cell-phones, legal instruments or formal legal documents have undergone a progressive change of dematerialisation . In this electronic age, document authentication can now be verified digitally using various software. All documents needing authentication can be processed as digital documents with all
589-471: The document text (see message digest ) and to a particular key whose use should be restricted to certain persons (e.g., the alleged sender). There is thus a gap between what the cryptographic engineering can provide and what the law assumes is both possible and meaningful. Several states had already enacted laws on the subject of electronic legal documents and signatures before the U.S. Congress had acted, including Utah, Washington, and California to name only
620-436: The federal government compromised to review the agreement to remedy breaches of the treaty with a "Special Cabinet Committee To Review the Malaysia Agreement". The seven agreed issues were: The first meeting about these issues was held on 17 December 2018. Despite the willingness of the federal government to review the agreement, reports surfaced that negotiations between Sabah and the federal government had not been smooth, with
651-513: The federal government. To allay these concerns, a number of Singapore–specific provisions were included in the Agreement. Singapore was ultimately expelled from Malaysia on 9 August 1965. Although Brunei sent a delegation to the signing of the Malaysia Agreement, they did not sign, as the Sultan of Brunei wished to be recognised as the senior ruler in the entire federation and what had happened during
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#1732845009747682-462: The latter dictating some matters of the review, causing the perception that the review was a one-sided affair with the government appearing reluctant to relinquish control of affairs. In another 2021 amendment to the Constitution of Malaysia , Article 160 (2) of the federal constitution was amended with the new definition of the term "federation" where the Malaysian federation is formed in accordance to
713-520: The legality and enforceability of digitally signed contracts in any of many jurisdictions. Adequate legislation adequately informed by cryptographic engineering technology remains an elusive goal. That it has been fully, or adequately, achieved (in any jurisdiction) is a claim which must be taken with considerable caution. Cameron Cobbold, 1st Baron Cobbold Cameron Fromanteel Cobbold, 1st Baron Cobbold , KG , GCVO , PC , DL (14 September 1904 – 1 November 1987),
744-402: The necessary information such as date and time stamp imbedded. To prevent tampering or unauthorized changes to the original document, encryption is used. In modern times, authentication is no longer limited to the type of paper used, the specialized seal, stamps, etc., as document authentication software helps secure the original context. The use of electronic legal documents is most prominent in
775-535: The new states shall be relinquished so as to vest in the manner agreed". The issue of self-determination with respect to the peoples of North Borneo, Sarawak, and Singapore formed the bedrock of yet another challenge to the formation of the Federation of Malaysia. Under the Joint Statement issued by the British and Malayan Federal Governments on 23 November 1961, clause 4 provided: Before coming to any final decision it
806-499: The people supported the proposal to create a Federation of Malaysia. The five-man team, which comprised two Malayans and three British representatives, was headed by Lord Cobbold . In Singapore, the People's Action Party (PAP) initially sought merger with Malaysia on the basis of the strong mandate it obtained during the general elections of 1959 when it won 43 of the 51 seats. However, this mandate became questionable when dissension within
837-540: Was a British banker. He served as Governor of the Bank of England from 1949 to 1961 and as Lord Chamberlain from 1963 to 1971. Born in London in 1904 to Lt.-Col. Clement John Fromanteel Cobbold and his wife Stella Willoughby Savile Cameron, Cobbold was educated at Eton College . He also spent one year at King's College, Cambridge . Cobbold joined the Bank of England at the invitation of bank Governor Montagu Norman in 1933. He
868-579: Was appointed Deputy Governor in 1945 and became governor in 1949. During his tenure he was sworn of the Privy Council (1959) and was created Baron Cobbold , of Knebworth in the County of Hertford (1960). He retired as governor in 1961. He subsequently led the Cobbold Commission in 1962 which studied the question of North Borneo and Sarawak 's merger with Malaya to form Malaysia . In 1963, he
899-777: Was appointed a Knight Grand Cross of the Royal Victorian Order and Lord Chamberlain to Queen Elizabeth II . He served until 1971, and during his tenure the Lord Chamberlain's theatrical censorship role was abolished (1968) and he was appointed to the Order of the Garter (1970). Cobbold was appointed to be a Deputy Lieutenant of the County of Hertford (1972). In 1966, he received the Grand Decoration in Gold with Sash for Services to
930-497: Was dismissed by James Thomson, then Chief Justice, who ruled that the constitution had not been violated during the discussion and creation of the Malaysia Act. Over the decades after the agreement, many academics and politicians have argued that the promises made to Sarawak and North Borneo (Sabah) have been eroded over time by the federal government. After the historic initial defeat of the Alliance / Barisan Nasional (BN) government in
961-575: Was held before the formation of Malaysia. Therefore, Sarawak would not bind to the Malaysia agreement. In April 2022, the Government of Sarawak tried to strike out the suit on reasons that the High Court had no jurisdiction to enforce or nullify an international treaty like MA63. In May 2023, The high court in Kuching dismissed the suit because the Federal Constitution of Malaysia is the supreme law of