'Glaring gap' in Malaysia's actions over 2 islands

The Straits Times, November 9, 2007


SINGAPORE yesterday pointed out the discrepancy in Malaysia's behaviour towards two small islands with lighthouses, only one of which is clearly in Malaysian territory.
The two islands in question are Pedra Branca and Pulau Pisang.

Pulau Pisang is located to the west of Singapore, in the Malacca Strait.

The island belongs to Malaysia and Singapore only administers the lighthouse on it.

Pedra Branca is located to the east of Singapore, in the Singapore Strait. It is the subject of a sovereignty dispute between the two countries, now being heard before the International Court of Justice.

Yesterday, Singapore's international law expert Rodman Bundy argued that if Pedra Branca belonged to Malaysia, it was odd that the latter had never protested against the flying of Singapore's marine ensign over the island.

A marine ensign is a flag flown over maritime features and each country has its own.

In contrast, in 1968, Malaysia told Singapore to stop flying its marine ensign over the lighthouse on Pulau Pisang, a request which Singapore immediately complied with.

Mr Bundy said that 'the only explanation for Malaysia's inconsistent attitude is that it did not regard itself as possessing sovereignty over Pedra Branca'.

In the case of the lighthouse on Pulau Pisang, the ruler of Johor and the governor of the Straits Settlements had an agreement in 1885 in which the former granted permission to Britain to build and maintain a lighthouse on the island.

That agreement was not in written form but was later recorded in writing on Oct 6, 1900, after the lighthouse had been built.

No such agreement was ever struck for Pedra Branca.

Mr Bundy said that the obvious explanation for this 'glaring gap' was that neither Malaysia, nor Johor - which became part of Malaysia later - ever considered Pedra Branca to be under its sovereignty.

In its written pleadings, Singapore also drew a comparison between the different treatment of its own officers with regard to travel to the two islands.

In 1968, the director of Singapore's marine department instructed that all staff proceeding to Pulau Pisang should ensure that they had valid travel documents.

No such instructions were given in relation to Pedra Branca, it said.