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International Law, History & Policy - Centre for International Law

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Singapore in the Early Years 35<br />

1962, 71 which had been passed to bring about the break-up of the<br />

West Indies Federation. 72 As Barker himself recalled:<br />

Our legal documents had provided <strong>for</strong> us joining the Federation,<br />

but not <strong>for</strong> secession. I made sure I stuck in a provision to<br />

allow the state to get out … I went to the University of Singapore<br />

<strong>Law</strong> Library and looked at the Separation Agreements of the<br />

state components of the West Indies. At the time, they had a<br />

federation that split up. So I used their model and modified it<br />

to fit Singapore’s situation. 73<br />

The preamble of this Agreement – which the parties referred to<br />

as the Singapore Independence Agreement 1965 74 signed on 7<br />

August 1965 – reads:<br />

AND WHEREAS it has been agreed by the parties hereto that<br />

fresh arrangements should be made <strong>for</strong> the order and good<br />

government of the territories comprised in Malaysia by the<br />

separation of Singapore from Malaysia upon which Singapore<br />

shall become an independent and sovereign state and nation<br />

separate from and independent of Malaysia and so recognised<br />

by the Government of Malaysia<br />

71 10 & 11 Elizabeth 2, c 19.<br />

72 The West Indies Federation, which comprised the <strong>for</strong>mer British<br />

colonies of Antigua and Barbuda, Barbados, Dominica, Grenada,<br />

Jamaica, Montserrat, St Christopher-Nevis-Anguilla, St Lucia, St<br />

Vincent & the Grenadines; and Trinidad and Tobago. It lasted from<br />

1958 to 1962. See generally, Gordon Lewis, ‘The British Caribbean<br />

Federation: The West Indian Background’ (1957) 28(1) Political<br />

Quarterly 49–63.<br />

73 Quoted in Kevin YL Tan, ‘The Legalists’ in Lam Peng Er & Kevin YL<br />

Tan (eds), Lee’s Lieutenants: Singapore’s Old Guard (Sydney: Allen &<br />

Unwin, 1999) 70–95, at 87.<br />

74 Singapore Government Extraordinary Gazette No 66 of 1965. This<br />

Agreement was registered with the United Nations Secretariat by<br />

Singapore on 1 June 1966. See (1966) UN Treaty Series 89–102.

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