Evidence shows KL acknowledged S'pore's sovereignty over Pedra Branca
The Straits Times, November 10, 2007
By Lydia Lim, Senior Political Correspondent
FINAL DAY: Ambassador at Large Tommy Koh with Deputy Prime Minister S. Jayakumar yesterday in the courtroom of the UN International Court of Justice.
IN THE HAGUE (NETHERLANDS) - SINGAPORE's lawyers yesterday produced letters and maps which they said clearly show that Malaysia had not only disclaimed ownership of Pedra Branca but also acknowledged Singapore's sovereignty over it.
Chief among the evidence they highlighted was a letter dated Sept 21, 1953 from Johor's acting state secretary to the British colonial authorities in Singapore.
In the letter, Johor's top civil servant at that time stated that 'the Johor government does not claim ownership of Pedra Branca'.
Singapore's international lawyer Alain Pellet said the legal significance of the letter was crystal clear and especially so given the context in which it was written.
It arose from an inquiry from the under-secretary of the colony, Mr J.D. Higham, as to the status of Pedra Branca, after the archives in Singapore were destroyed during World War II.
In the letter, Mr Higham made it clear his question was 'relevant to the determination of the boundaries of the colony's territorial waters', Professor Pellet noted.
His request for clarification was conveyed to Johor's state secretary through the British adviser to Johor.
In doing so, the adviser had urged the Johor state secretary to consult the commissioner for lands and mines and the chief surveyor and any existing archives before he replied.
That showed it was only after careful inquiry that Johor's acting state secretary replied as he did on Sept 21, 1953, Prof Pellet argued.
He also responded to Malaysia's argument that the Johor government's reply then was 'not a model of clarity'.
On the contrary, he said, 'the text is clear, the circumstances and context... are clear; its legal significance is clear'.
The international lawyer was speaking before the International Court of Justice in the hearing to determine the sovereignty of the island.
Yesterday marked the final day of Singapore's first round of arguments.
Another of Singapore's lawyers, Ms Loretta Malintoppi, also an expert in maps, then discussed the significance of six Malaysian maps showing Pedra Branca as belonging to Singapore.
The publication of these maps, she said, was one of the ways in which Malaysia had recognised Singapore's ownership of the island now under dispute.
The first of these six maps was published in 1962 and the last in 1975.
They used the Malaysian name P. Batu Puteh for Pedra Branca and showed the word 'Singapura' under the island.
She said that as these were official maps published by the Director of National Mapping, Malaysia, they were significant in demonstrating the view of the Government publishing them.
'These official Malaysian maps individually and cumulatively tell the same story,' she said.
'They mean what they say and they say what they mean: Pedra Branca was regarded by Malaysia as belonging to Singapore.'
Finally, Prof Pellet spoke briefly on Singapore's argument that whoever owns Pedra Branca also owns Middle Rocks and South Ledge, two rock outcrops to its south, a view Malaysia disputes.
Malaysia's stand is that these two features are separate and distinct and it has argued in its written pleadings that Singapore is simply trying to enlarge its territory as much as possible by claiming them.
Prof Pellet mounted two arguments.
First, that Pedra Branca and Middle Rocks have been treated as part of the same group of islands in navigational charts and various publications.
Second, that South Ledge, being submerged at high tide, belongs to the country that has sovereignty over the territorial sea in which is it located.
The Straits Times, November 10, 2007
By Lydia Lim, Senior Political Correspondent
FINAL DAY: Ambassador at Large Tommy Koh with Deputy Prime Minister S. Jayakumar yesterday in the courtroom of the UN International Court of Justice.IN THE HAGUE (NETHERLANDS) - SINGAPORE's lawyers yesterday produced letters and maps which they said clearly show that Malaysia had not only disclaimed ownership of Pedra Branca but also acknowledged Singapore's sovereignty over it.
Chief among the evidence they highlighted was a letter dated Sept 21, 1953 from Johor's acting state secretary to the British colonial authorities in Singapore.
In the letter, Johor's top civil servant at that time stated that 'the Johor government does not claim ownership of Pedra Branca'.
Singapore's international lawyer Alain Pellet said the legal significance of the letter was crystal clear and especially so given the context in which it was written.
It arose from an inquiry from the under-secretary of the colony, Mr J.D. Higham, as to the status of Pedra Branca, after the archives in Singapore were destroyed during World War II.
In the letter, Mr Higham made it clear his question was 'relevant to the determination of the boundaries of the colony's territorial waters', Professor Pellet noted.
His request for clarification was conveyed to Johor's state secretary through the British adviser to Johor.
In doing so, the adviser had urged the Johor state secretary to consult the commissioner for lands and mines and the chief surveyor and any existing archives before he replied.
That showed it was only after careful inquiry that Johor's acting state secretary replied as he did on Sept 21, 1953, Prof Pellet argued.
He also responded to Malaysia's argument that the Johor government's reply then was 'not a model of clarity'.
On the contrary, he said, 'the text is clear, the circumstances and context... are clear; its legal significance is clear'.
The international lawyer was speaking before the International Court of Justice in the hearing to determine the sovereignty of the island.
Yesterday marked the final day of Singapore's first round of arguments.
Another of Singapore's lawyers, Ms Loretta Malintoppi, also an expert in maps, then discussed the significance of six Malaysian maps showing Pedra Branca as belonging to Singapore.
The publication of these maps, she said, was one of the ways in which Malaysia had recognised Singapore's ownership of the island now under dispute.
The first of these six maps was published in 1962 and the last in 1975.
They used the Malaysian name P. Batu Puteh for Pedra Branca and showed the word 'Singapura' under the island.
She said that as these were official maps published by the Director of National Mapping, Malaysia, they were significant in demonstrating the view of the Government publishing them.
'These official Malaysian maps individually and cumulatively tell the same story,' she said.
'They mean what they say and they say what they mean: Pedra Branca was regarded by Malaysia as belonging to Singapore.'
Finally, Prof Pellet spoke briefly on Singapore's argument that whoever owns Pedra Branca also owns Middle Rocks and South Ledge, two rock outcrops to its south, a view Malaysia disputes.
Malaysia's stand is that these two features are separate and distinct and it has argued in its written pleadings that Singapore is simply trying to enlarge its territory as much as possible by claiming them.
Prof Pellet mounted two arguments.
First, that Pedra Branca and Middle Rocks have been treated as part of the same group of islands in navigational charts and various publications.
Second, that South Ledge, being submerged at high tide, belongs to the country that has sovereignty over the territorial sea in which is it located.
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