The genesis of Malayan Chinese civil society’s struggle for constitutional equality in particular jus soli

Abstract

This article is a historical study of the genesis of the struggle of the Chinese civil society for their place in an independent Federation of Malaya. The fundamental principle underlining their concern for various issues was the principle of equality. Equal application of the principle of nationality by right of birth (jus soli) was a central issue, yet most scholars either misunderstood or ignored the issue and labelled them simply as extremists or chauvinists. In the mainstream historiography, the Malayan Chinese Association (MCA) was regarded as representative of the Chinese community then. Nonetheless, the Alliance intercommunal compromise in the Federal Constitution fell short of the aspiration of the Chinese community. In fact, it was the concern over the inability of the highest MCA leadership to defend the interests of the Chinese community that had caused a split in MCA and triggered the efforts to unite outside the MCA. A national rally attended by delegates of Chinese associations took place at Chin Woo Stadium, Kuala Lumpur on 27 April 1956. The four demands that were approved to be submitted to the Reid Constitutional Commission received endorsement from 1,094 Chinese associations throughout the federation. This article examines the specific context and process which had brought about the mass rally, as well as the respective role played by specific Chinese leaders in March and April 1956. This event marked an awakening of the Chinese community to struggle for a place in an independent Malaya and their aspiration for a multicultural form of nation. Despite their lack of success in getting their demands met, this struggle over differring nationviews continue to shape the post-independence ethnic politics. Sources used include newspaper cuttings from The Straits Times, The Singapore Free Press and Nanyang Siang Pau among others, official colonial documents, documents from Tan Cheng Lock Collection in Arkib Negara and H.S. Lee Collection in ISEAS Singapore as well as the memoirs of Lim Lian Geok.