Hearing opens with the Republic presenting evidence to show it has performed acts of state authority consistently over disputed islet
The Straits Times, November 7, 2007
By Lydia Lim, Senior Political Correspondent
TOP LEGAL MINDS: The Singapore legal team includes (from left) Prof Koh, CJ Chan and DPM S. Jayakumar. It has three more days to present its evidence and arguments to the ICJ before Malaysia sets out its case next week.
THE HAGUE (NETHERLANDS) - SINGAPORE yesterday launched its case for Pedra Branca before an international court with a systematic demolition of Malaysia's claim of historical ownership.
Delivering the key speech on the opening day of a three-week hearing, Chief Justice Chan Sek Keong began by saying that there was 'not a shred of evidence' to suggest that Pedra Branca was ever a part of the old Johor Sultanate.
Malaysia's claim amounted to no more than 'vague and barren assertions' that further 'glossed over' important but inconvenient historical facts, he charged.
Moreover, traditional Malay sovereignty rested mainly on control of people rather than territory, he pointed out.
It was thus difficult to establish with certainty such a kingdom's ownership of a remote, barren and uninhabited islet like Pedra Branca.
Singapore's case, on the other hand, which Ambassador-at-large Tommy Koh summarised at the start of proceedings, rested on concrete acts of sovereignty carried out over some 150 years.
These dated back to 1847, when the British government in Singapore first took lawful possession of the island and decided to build a lighthouse there.
The Republic subsequently confirmed and maintained its title through a wide range of activities that showed it exercised the authority of a state over the rocky outcrop, which lies east of the mainland.
Professor Koh noted Malaysia's long silence in the face of such acts from 1847 - until 1979, the year it first claimed Pedra Branca as its own.
'In fact, Malaysia has, by her own conduct, recognised Singapore's sovereignty over the island,' he told the 16 judges of the International Court of Justice (ICJ).
Since Malaysia first laid formal claim in 1979 to the football field-sized islet located at the eastern entrance of the Singapore Strait, the two sides have sought to settle the dispute.
In 1989, Singapore proposed that the matter be referred to the ICJ, the world's foremost court of international law.
After protracted negotiations spanning nearly two decades, the resolution of the dispute reached its final legal phase with the start of the hearing yesterday.
Both sides have agreed to abide by the court's decision.
Also speaking for Singapore yesterday was Attorney-General Chao Hick Tin, who laid out a chronology of events from 1847 to 1978 to show that Singapore had performed acts of state authority consistently over Pedra Branca.
These included the construction and operation of various facilities on the island, such as a water desalination plant and a tower to provide information on shipping traffic.
And it did so without seeking approval from any other powers, he added.
Malaysia, on the other hand, had disclaimed ownership by, among other things, publishing four maps that showed Pedra Branca as belonging to Singapore, he said.
The three-hour presentation by some of Singapore's top legal minds was backed by written and spoken evidence of various forms, including maps, maritime charts, paintings and letters.
There was even a 1980 audio recording of a press conference in which the late Tun Hussein Onn, the former Malaysian prime minister, admitted that the sovereignty of Pedra Branca was 'not very clear' to Malaysia.
Singapore has three more days to argue its case before Malaysia sets out its case next week.
From today till Friday, the four foreign counsel representing Singapore will present, in greater detail, arguments rebutting Malaysia's claim and explaining how the Republic came to acquire and maintain title over Pedra Branca.
Chief Justice Chan is in the Singapore team of legal eagles, having been involved in the case since 1993 when he was Attorney-General. When he became CJ last year, Parliament was informed that he had agreed to the Government's request to continue acting for it until its resolution.
Deputy Prime Minister and Law Minister S. Jayakumar will wrap up the Republic's case with a concluding statement on Friday.
The atmosphere in the court, or great hall as it is called here, of the Peace Palace was noticeably friendly and members of both teams greeted each other warmly on arrival.
As Prof Koh observed in his speech, Singapore and Malaysia are closely linked not just geographically, but also in their history, culture and economics.
The Pedra Branca dispute has, however, been an 'irritant' in the bilateral relationship.
'After almost 28 years, we are very pleased that the dispute will be brought to a conclusion,' he said.
The Straits Times, November 7, 2007
By Lydia Lim, Senior Political Correspondent
TOP LEGAL MINDS: The Singapore legal team includes (from left) Prof Koh, CJ Chan and DPM S. Jayakumar. It has three more days to present its evidence and arguments to the ICJ before Malaysia sets out its case next week.THE HAGUE (NETHERLANDS) - SINGAPORE yesterday launched its case for Pedra Branca before an international court with a systematic demolition of Malaysia's claim of historical ownership.
Delivering the key speech on the opening day of a three-week hearing, Chief Justice Chan Sek Keong began by saying that there was 'not a shred of evidence' to suggest that Pedra Branca was ever a part of the old Johor Sultanate.
Malaysia's claim amounted to no more than 'vague and barren assertions' that further 'glossed over' important but inconvenient historical facts, he charged.
Moreover, traditional Malay sovereignty rested mainly on control of people rather than territory, he pointed out.
It was thus difficult to establish with certainty such a kingdom's ownership of a remote, barren and uninhabited islet like Pedra Branca.
Singapore's case, on the other hand, which Ambassador-at-large Tommy Koh summarised at the start of proceedings, rested on concrete acts of sovereignty carried out over some 150 years.
These dated back to 1847, when the British government in Singapore first took lawful possession of the island and decided to build a lighthouse there.
The Republic subsequently confirmed and maintained its title through a wide range of activities that showed it exercised the authority of a state over the rocky outcrop, which lies east of the mainland.
Professor Koh noted Malaysia's long silence in the face of such acts from 1847 - until 1979, the year it first claimed Pedra Branca as its own.
'In fact, Malaysia has, by her own conduct, recognised Singapore's sovereignty over the island,' he told the 16 judges of the International Court of Justice (ICJ).
Since Malaysia first laid formal claim in 1979 to the football field-sized islet located at the eastern entrance of the Singapore Strait, the two sides have sought to settle the dispute.
In 1989, Singapore proposed that the matter be referred to the ICJ, the world's foremost court of international law.
After protracted negotiations spanning nearly two decades, the resolution of the dispute reached its final legal phase with the start of the hearing yesterday.
Both sides have agreed to abide by the court's decision.
Also speaking for Singapore yesterday was Attorney-General Chao Hick Tin, who laid out a chronology of events from 1847 to 1978 to show that Singapore had performed acts of state authority consistently over Pedra Branca.
These included the construction and operation of various facilities on the island, such as a water desalination plant and a tower to provide information on shipping traffic.
And it did so without seeking approval from any other powers, he added.
Malaysia, on the other hand, had disclaimed ownership by, among other things, publishing four maps that showed Pedra Branca as belonging to Singapore, he said.
The three-hour presentation by some of Singapore's top legal minds was backed by written and spoken evidence of various forms, including maps, maritime charts, paintings and letters.
There was even a 1980 audio recording of a press conference in which the late Tun Hussein Onn, the former Malaysian prime minister, admitted that the sovereignty of Pedra Branca was 'not very clear' to Malaysia.
Singapore has three more days to argue its case before Malaysia sets out its case next week.
From today till Friday, the four foreign counsel representing Singapore will present, in greater detail, arguments rebutting Malaysia's claim and explaining how the Republic came to acquire and maintain title over Pedra Branca.
Chief Justice Chan is in the Singapore team of legal eagles, having been involved in the case since 1993 when he was Attorney-General. When he became CJ last year, Parliament was informed that he had agreed to the Government's request to continue acting for it until its resolution.
Deputy Prime Minister and Law Minister S. Jayakumar will wrap up the Republic's case with a concluding statement on Friday.
The atmosphere in the court, or great hall as it is called here, of the Peace Palace was noticeably friendly and members of both teams greeted each other warmly on arrival.
As Prof Koh observed in his speech, Singapore and Malaysia are closely linked not just geographically, but also in their history, culture and economics.
The Pedra Branca dispute has, however, been an 'irritant' in the bilateral relationship.
'After almost 28 years, we are very pleased that the dispute will be brought to a conclusion,' he said.
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