In the beginning

1. In January 1916 about five years after joining the Kedah Civil Service, my father was appointed to sit on the Enactment Translation Committee. Thus began his involvement in the translation of Enactments etc. Later in September 1918, he was appointed a committee member for the drawing up of laws for the State of Kedah. His role was highlighted in a newspaper article. The writer wrote inter alia:

… He [M.I. Merican] is the soul of the Translation Committee and is really the translator of the English version into Malay. His work is not paste and scissors but putting every English word in the laws into intelligible Malay.

(The Straits Times, 16 August 1935, Page 17.)

2. The year 1922 opened a new chapter in my father’s career. In October he was appointed to the post of Assistant Superintendent Monopolies and Customs in Sungai Petani. Incidentally, just before being transferred to the town 54 kilometers away, he was appointed to carry out the work of special Translator of Enactments etc.

3. Thus the State Council decided as a temporary expediency that he should be called upon to assist in translation work in addition to his other duties and should receive a fee for so doing. Apparently he started doing the work of translating the Enactments when he was in Sungai Petani. His earliest work was probably the translation of the Arms Enactment, the Customs Enactment and the Arbitration Enactment. These were completed in December 1922 for which he was remunerated a sum of $100 rial.

4. Subsequently other translations followed. In a letter to the Under Secretary dated 29 April, 1923, he acknowledged receipt of an instruction ordering him to translate the Amendment (Criminal Procedure Code). He informed that he was then “translating the Pensions Enactment and Police Pensions Enactment, and Regulations made there under.” He further explained about the problem he was facing:

… They [the aforementioned Enactments] are difficult in regard to the legal phraseology and pretty long too. I shall take up the “Procedure” after finishing the Pensions Enactments and their Regulations. I am afraid the “Code” which is rather [long?] will take some time to finish.

2. My hands are full on account of the “Restriction” in relation to the Customs and I do out-door work in nature of inspecting outstations. This will handicap in expediting the translations to a decree [degree?]. I will c[arry?] on as much as I possibly can to do both.

3. I have translated the following for which I have not been remunerated:-

(i) The vehicles Enactment l334, Amendment Enactment 1341.

(ii) The Maintenance of wives and children Enactment 1341.

(iii) The Performances Enactment.

(a) Rules in relation to Musical and Theatrical Performances.

(b) Rules re conduct of Cock-fighting pits.

(c) Rules in relation to Bull and Buffalo Fighting.

(iv) The Cock-fighting and the Bull-fighting Enactment.

5. In a related letter to the Under Secretary dated 28 May, 1923 he restated of having translated the aforementioned Enactments including the Amendment Enactment (Criminal Procedure Code). He mentioned that the latter “had been a difficult job and done expeditiously.” He concluded with a request for a suitable remuneration for his work. The Government paid him $90 rial.

6. Less than two months later, he had translated another eight Enactments and Rules. In a related letter to the Under Secretary dated 4 July, 1923, he listed the Enactments and Rules as follows:

(i) “Export of Rubber (Restriction) Enactment, l34l”.

(ii) Rules under “The Export of Rubber (Restriction) Enactment, 134l”.

(iii) Pensions Enactment 1341”.

(iv) Regulations under “The Pensions Enactment, 1341”.

(v) “Police Pensions Enactment, 1341”.

(vi) Rules under “The Police Pensions Enactment, 1341”.

(vii) Forest Amendment Enactment, l34l.

(viii) Instructions to Magistrates etc. re-Inquiries of death.”

He also included remarks about his work in the letter:

With the exception of (vii) all have entailed upon me much mental and physical energy in view of the fact that they were pretty long and were required hurriedly. With regard to (i) (ii) and (viii) they were done very expeditiously owing to their urgent condition. I must request that Govt. will make a special allowance for such hard work.

Note: Mine in square brackets.

to be continued

"I may collapse at any time."

Continued from last post.

1. The second time he applied for long leave was three years later in July 1919 when he was working as Registrar of High Court, Alor Star. It was a year after his appointment as Registrar. It went on smoothly as the Deputy Registrar was able to stand in for him while he was on leave for three months from 28 August, 1919 to 23 November 1919.

2. Almost two years later, in August 1921 he applied for another long leave. However at that point in time there was the problem of finding a suitable stand-in. Moreover the Adviser was doubtful as to whether the Registrar could be spared on account of the Courts Enactment was just on the point of being enforced.

3. Apart from that, it was a transitional period in his career. He was on the point of being appointed as Assistant Superintendent Monopolies and Customs and in consequence transferred to Sungai Petani. At the same time he was about to be appointed to carry out the work of special Translator of Enactments, etc. The translation of Enactments was of urgent matter, so decision on his leave was deferred until almost three years later when he was granted two months’ vacation leave from 1 April, 1924 to 9 May, 1924.

4. Then about three years after that my father, Office Assistant to Legal Adviser (L.A.), applied for four months’ vacation leave to start on 5 March, 1927. In his remarks, the L.A. (his Head of Department) noted that he had no objection but had no suggestions to make for carrying out his (Office Assistant’s) duties. He further noted that failing a suitable substitute the Department might manage without but that would involve a considerable slowing down in new Enactment work (translation of Enactments).

5. As there was no decision to his application by the time when 5 March had gone by, my father had suggested 6 April on which to start his leave. At the same time the Department’s Chief Clerk had also applied for leave. The L.A. was of the opinion that unless both could be spared at the same time the Chief Clerk should be allowed to go first as he seemed to have the better claim. The Adviser agreed with the L.A. that my father should await the return from leave of the Chief Clerk on 20 August before he was to take leave.

6. As he waited in vain for about four months, my father finally resorted to furnishing the Head of Department with a memo in which he wrote:

L.A.

Permit me to ask what action you have taken so far with regard to my leave of which I am greatly in need. I am supposed to go away this month and may I ask if you are prepared to allow me to do it?

            I have said that I am quite willing to do anything for you during my leave when the matter is of such an important character that my experience can meet such contingency. If I can’t get my leave I may collapse at any time.

                                                                                                            (Sgd. M.I. Merican)

7. The memo seemed to take effect. In his note to the Secretary to Government, the Adviser suggested that the matter be brought up at the coming meeting of State Council. He further noted that Mr. Merican was to be allowed to go on leave at once and was to be so informed and that the Council could confirm it.

8. Thus in its meeting on 11 August, 1927 the State Council allowed my father to have a four months’ vacation leave from 20 August, 1927 to 17 December, 1927.

to be continued

Note: Mine in brackets.

A long wait

1. During his entire career in the Kedah Civil Service, my father had had eight vacation leave (or long leave) which amounted to 24 months. But vacation leave was not easily granted.

2. The first time he applied for vacation leave was on 23 March, 1915 about four years after he joined the Service. He applied for four months’ vacation leave stating his reason thus:

… The object of my applying for leave is to have a change of air and a quiet rest somewhere in the backwoods of Malaya. …

3. He was a Senior Auditor then, aged 33. The Auditor General (AG) forwarded his application to the Regent on the following day recommending that he be granted the leave on condition that the leave would commence by the end of May. My father had requested for the middle of April.

4. The AG convinced the higher authority in view of the fact that the Audit Department was busy auditing the Land Office, Alor Star at the time and it would be busy during the coming budget session in late April through May. So the application was put on hold.

5. It was not until months later that the AG followed the application up when he referred the matter to the Regent for reconsideration. By then the application, embodied in the State Council minute paper, was still pending.

6. In his letter dated 2 December, 1915, the AG requested that the leave be granted to be taken as from 4 April, 1916 by which time all the audit clerks who might have been on leave up to the date specified, would have returned to duty. As regards the locum tenens he proposed one Iskandar Mohamad of the Adviser’s office or anyone else whom the Government might think a suitable man.

7. The Adviser responded that the former could not be spared, stating that there would be no objection if the AG could arrange for the work to be done by his staff. In response to that, the AG noted that the first Audit Clerk could do the work of the Senior Auditor and the second Audit Clerk could replace the first Audit Clerk and also perform his own duties.

8. In his remark to the Regent, the Adviser conceded that as long as the Audit Office could manage without him (i.e. the Senior Auditor) there was no objection to his having leave for two months. Thus, the State Council in its meeting on 20th December, 1915 decided to approve my father’s application for four months’ vacation leave from 5 April, 1916 to 31 July. 1916. After almost a year, his first long leave was finally granted.

to be continued

Success story

1. My father spent almost 14 years in the office of the Legal Adviser. On account of his capability he was entrusted to stand in for C. W. Dawson, Legal Adviser, while the latter was acting European Judge from August through October 1935 and received an allowance of $25 rial a month. He worked at the Legal Adviser’s office until the end of 1936. In March through October of that year he stood in for the Acting Superintendent of Education who was on leave.

2. He was transferred to the State Council Office in February 1937. Subsequently in March of that year he was Acting 2nd. Under Secretary to Government. Later in May through September 1937 he stood in for the Superintendent Monopolies and Customs who was on a four-month leave.

3. My father retired on 24 September, 1937. In less than three years after his retirement, he was appointed to be a Justice of the Peace within and for the State of Kedah. The appointment was made by the Regent and President of State Council, Kedah on 18 February, 1940. In a couple of years the war would break out and my father would be working again.

4. His long experience on the legal side accounted for his recall to duty by the Kedah State Council during the Japanese Occupation. He was 60 years old then. He assumed duty on 10^th February, 1942 as Legal Adviser and Public Prosecutor. He was also appointed a member of the State Council. In his tribute to my father, Lim Cheng Law stated that he “was the first Malay in this country to become Legal Adviser.” As regards his services during the war, the Resident Commissioner of Kedah wrote in a letter dated 15^th October 1947:

“… There is no doubt that his services were of great value during that period (Japanese Occupation) and it was fortunate that the State (of Kedah) had available an officer with his long experience on the legal side. …”

5. My father held the appointment until the British reoccupation upon which the British Military Administration (BMA) appointed him as Secretary to the Legal Officer. He was attached to the Office of the Legal Adviser until the cessation of the BMA and subsequently under the Civil Administration (Malayan Union). He retired again in 1946 and then served as an unofficial member in the State Executive Council and State Council (1947-1954).

6. It was reported that my father took up private business after his retirement. It was not known what sort of “private business” he ventured into. I only have a dim memory of the blurry past when he once took me to a shop. Maybe I was four or five years old then. We climbed a flight of wooden staircase to a crowded room upstairs. There were people and tables with piles of papers atop them. It must be his place of work. On that occasion I dimly remember that he wore a red fez with a tassel attached to the top.

7. My father had come a long way since his teaching days at his alma mater. His success story was aptly described by his friend, Lim Cheng Law*:

… Mr. Merican made his mark and reputation not only in the teaching profession but also in the Kedah Civil Service of which he was a star of the first magnitude. As Auditor, Registrar of the High Court and Legal Adviser, he proved himself an able and capable officer with his usual thoroughness. He was the first Malay in this country to become Legal Adviser.

There can be no question that Mr. Merican was not only a great teacher in English education but also a great Civil Servant of the best traditions of the Civil Service. …

*Lim Cheng Law, “Mr. M.I. Merican – An Appreciation” in Postbag – Letters to the Editor, Straits Echo and Times of Malaya, Wednesday November 28, 1956.
Note: Mine in brackets.