JULY 31 — On July 9, 1963 an agreement was concluded among "the Federation of Malaya, the United Kingdom of Great Britain and Northern Ireland, North Borneo, Sarawak and Singapore.” It was a historic agreement known as the "Malaysia Agreement” (MA63) which was to form Malaysia.

Article 1 of the Agreement reads as follows:

"The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called ‘Malaysia’.”

Of the ‘constitutional instruments’ mentioned in the Article above was Annex A which takes the form of a parliamentary Bill. A Bill in those terms was subsequently introduced into Parliament — to amend among others Article 1(1) and (2) of the Constitution of 1957 (commonly referred to as the Merdeka Constitution) — and was passed under the title of the Malaysia Act. This received the Royal Assent on August 26, 1963 and was to come into operation on September 16, 1963 — Malaysia Day.

On September 10, 1963 the Government of the State of Kelantan (Kelantan Government) commenced proceedings for declarations that the Malaysia Agreement and the Malaysia Act were null and void or alternatively were not binding on the State. It was argued for the Kelantan Government that: