Penang Free School Act 1920

I was at Penang Free School yesterday for the old school’s 209th anniversary Speech Day. Except for one year, I’ve been attending Speech Day without fail since 2012. Some people may wonder why the celebration took place on the 14th of October instead of the traditional 21st. The answer is simple enough: Deepavali falls on the 20th this year, and the school will be closed for the holidays. With no time for preparations when the school reopens, and many guests likely to be away, the 14th was a practical choice. It isn’t unprecedented either; the date has been shifted several times before for good reasons.

What was missing yesterday, though, was the customary visit to the old Protestant Cemetery in Northam Road for the commemorative service to Robert Sparke Hutchings, the school’s founder. That solemn occasion will still take place on the 21st, and I expect to be there next week.

The guest of honour this year was Chow Kon Yeow, the Chief Minister of Penang, attending in a dual capacity as both Chief Minister and chairman of the Penang Free School Board of Trustees. The Board of Trustees had been neither here nor there for several years, but two years ago, the chairman of the Penang Free School Foundation, Ivan Ooi, took it upon himself to revive it. He had discovered that the Federal Government was enquiring about the Board’s status and future, which prompted him to dig into its history. Ivan eventually approached the Chief Minister, and this renewed attention led to the revival of the Board which is now once again fully constituted and functional.

In his speech, the Chief Minister shared that he was rather surprised when invited to chair the Board of Trustees. After all, he said, he wasn’t an Old Free or even a Penangite by birth. He was born in Kuala Lumpur but came to the island 45 years ago to study at the University of Science Malaysia. So why, he wondered, was he asked to serve?

The answer lay in a little-known piece of legislation: the Penang Free School Act 1920 [Act 842]. The Act, which legally defines the school’s governance structure, had been flagged for possible repeal since it seemed inactive. Ivan quickly realised the historical importance of the Act. After all, no other school in Malaysia is governed by its own Act of Parliament. It was part of what made Penang Free School truly unique. He persuaded the Chief Minister that it must not be repealed, and instead, it was revised and reaffirmed in 2023.

With that, the Board of Trustees is now properly re-established. The Chief Minister chairs it, the President of the Penang Free School Foundation serves as secretary, and the treasurer’s post is filled automatically by the State Treasury. The Penang Director of Education also sits as an ex-officio member, and three representatives are appointed from the Old Frees organisations.

It’s worth noting that in the original Penang Free School Ordinance No. 19 of 1921, which took effect retrospectively on 01 January 1920, the Board of Trustees comprised the Director of Education, the Resident Councillor of Penang, the Assistant Treasurer of the Straits Settlements Penang, and between three and five persons appointed by the Governor for three-year terms. After Independence in 1957, the composition changed: the Trustees became the Chief Minister, the State Treasurer, the Director of Education, and up to five others appointed for three years by the Yang di-Pertua Negeri.

I won’t go into the details here of how the Penang Free School Ordinance came about. That’s already covered in my book Let the Aisles Proclaim, pages 95 to 104. Perhaps next week, I’ll share a summarised version. But for now, it was enough to sit once again in the familiar Pinhorn Hall, surrounded by the spirit of Free School, proud of its history and quietly pleased to see one small but meaningful part of that history come alive again.