Singapore had `control of
island since 1851'
New Straits Times (Kuala Lumpur,
Malaysia)
November 9, 2007
Author: V. Anbalagan
SINGAPORE has had total control over Pedra Branca (Pulau Batu
Puteh) since 1851, the International Court of Justice heard
yesterday. Rodman R. Bundy, a counsel appearing for Singapore, said
the British took possession of the island between 1847 and 1851 and
constructed the Horsburgh lighthouse.
Thereafter, Singapore, was open on the activities on the island
which confirmed their ownership, including its territorial waters.
He said none of these activities drew protests from Malaysia.
"Singapore has exercised regulatory authority and jurisdiction over
personnel residing on the island, maintaining peace and good
order," he said.
"The island is used as a meteorological data collection station and
Singapore has exclusive control over visits by third parties to
Pedra Branca.
"She had also investigated navigational hazards and ship wrecks in
the territorial waters of Pedra Branca and considered sea
reclamation works to extend the island." He said the Singapore flag
had been raised for more than 150 years on the island but drew no
protest from Malaysia, unlike the 1968 incident at the nearby Pulau
Pisang, where the flag was eventually brought down.
He said Malaysia's inaction confirmed its earlier decision that it
had disclaimed ownership of the Pedra Branca in 1953.
Bundy was submitting on the territorial dispute between Malaysia
and Singapore over Pulau Batu Puteh and the adjacent features of
Little Rocks and South Ledge.
Both countries are asking the court to decide on the sovereignty of
the island.
Professor Alain Pellet, who is also representing Singapore, told
the panel of 16 judges that it was impossible for Malaysia to find
evidence or confirmation that ownership of the island belonged to
Johor.
"None of the documents produced could convince the court that Johor
had the original title over Pedra Branca." Malaysia in its written
submission asserts that: * Pulau Batu Puteh, the two features and
other islands in and around the Singapore Strait were part of the
Johor Sultanate before 1824.
* The Anglo-Dutch treaty of 1824 had no effect on the sultanate as
the agreement only covered islands and territories to the south of
the strait.
* Neither Great Britain nor Singapore ever claimed sovereignty over
the three features at any time prior to the critical dates in
relation to the present dispute (1980 as in the case of Pulau Batu
Puteh and 1993 in the case of Little Rocks and South Ledge), and; *
Singapore's legislation and treaty practice, its publications and
maps as well as statements by the island republic's officials all
confirmed that the three features were not territories of
Singapore.
Hearing on 28-year Pulau
Batu Puteh dispute begins
New Straits Times (Kuala Lumpur,
Malaysia)
November 7, 2007
Author: V. Anbalagan
RESOLUTION of a 28-year dispute between Malaysia and Singapore over
the sovereignty of Pulau Batu Puteh and two adjacent marine
features began at the International Court of Justice
yesterday.
Singapore, which began submissions, contended that Johor had no
claim over the islands, which it referred to as Pedra Branca, the
Middle Rocks and South Ledge marine features.
The island republic's ambassador-at-large Tommy Koh told the court
that Singapore had had sovereignty over the island for the past 150
years.
"Malaysia said, prior to 1847, the island was part of Johor but
there is no proof to support its claim," he said.
Koh said the British acquired sovereignty of Pulau Batu Puteh to
build a lighthouse in 1851.
He said Singapore was part of the Straits Settlement in 1867 and
became part of the British colony.
"So Singapore, a former British colony, is successor to the title
to Pedra Branca and also the two marine features which are located
nearby," he said.
He was making his opening address to settle the territorial dispute
between the island republic and Malaysia.
He said the dispute had been an irritant in the bilateral relations
between the two countries.
"After almost 28 years, we are very pleased that the dispute will
finally be brought to an end." A 16-judge panel, led by court
vice-president Awn Shawkat Al-Khasawaneh, will hear submissions
from both parties scheduled for 12 days.
It is to decide the ownership of the 137-metre by 60-metre granite
outcrop, which is located 7.7 nautical miles off Johor and 25
nautical miles from Singapore.
Situated where the Straits of Johor meets the South China Sea, it
houses a light house, communication tower, helipad and a
jetty.
Malaysia first claimed the island in 1979 when the country
published new official maps, which included Pulau Batu Puteh as
part of its territory.
This drew a protest from Singapore which currently has exclusive
control over Pulau Batu Puteh, the Middle Rocks and South Ledge
marine features. The court is expected to issue its judgment next
year and both countries have said they would abide by its
ruling.
Koh yesterday supported his submissions with maps and
documents.
He said although Malaysia was formed in 1963 and Singapore became
an independent state in 1965, many legal proceedings took place
prior to that.
He said the lawful taking of Pulau Batu Puteh was effected by a
series of actions such as the landing of a British agent in 1847
and the inaugration of the Horsbrough light house in 1851. He said
Malaysia had been silent over Pulau Batu Puteh and only asserted
sovereignty in 1979.
"The taking over of the island was through peaceful means and there
was no opposition from any party," he said adding that there was
also no evidence that the British sought permission from
Johor.
Indeed, he said the Dutch governor-general in Batavia (Indonesia)
in the 1880s recognised the British acquisition of Pulau Batu
Puteh.
The Malaysian legal team is led by Tan Sri Abdul Kadir Mohamed who
is the Malaysian agent, Datuk Noor Farida Ariffin, the Malaysian
ambassador to the Netherlands, Attorney-General Tan Sri Abdul Gani
Patail, Sir Elihu Lauterpacht, Penelope Nevill, Professors James
Crawford, Nicolaas Jan Schrijver, Marcelo and G. Cohen. Hearing
continues.
Copyright 2007. All Rights Reserved.
