Search for letter to prove sovereignty will continue, says Foreign Minister
Today Online 2 Jun 08;
The court did not make a definitive ruling on an outcrop, South Ledge, which is visible only at low tide, saying it belonged to whoever owns the territorial waters it sits in. Dr Rais said he would propose to Singapore that the waters be opened to fishermen from both countries and also Indonesia.
KUALA LUMPUR — Malaysia has renewed its search for evidence to stake its claim on Pedra Branca, which Singapore has jurisdiction over, according to a recent ruling by the International Court ofJustice (ICJ).
Malaysian Foreign Minister Rais Yatim said the ruling by the ICJ on May 23, which ended a 28-year territorial dispute, was final and not subject to appeal. However, he said there was a specific provision in the court’s rules that allowed for a judicial review of a case within 10 years if new evidence was adduced, The Star reported on Sunday.
Mr Rais said he had directed the authorities to try to trace a letter written by British Governor William T Butterworth to the Temenggong and Sultan of Johor, seeking permission to build the Horsburgh Lighthouse on Pedra Branca, which Malaysians call Batu Puteh.
During the hearing at The Hague, Malaysia had contended that it was on the basis of the consent of the Temenggong and Johor Sultan, reportedly seen in a reply to the missing letter, that Great Britain built and then operated the lighthouse on the island. This reply, a letter datedNov 25, 1844, was produced at the ICJ, The Star reported.
“If we can gain sight of that letter, the gate can be opened again. There is a maximum 10-year period but preferably it should be done within six years,” Dr Rais told The Star in an interview.
“The letter could be in London, as the British are good at archiving. We have searched with them but it has not been conclusively proven that they don’t have it.
“Probably it is in Singapore. That would be a double jeopardy,” Dr Rais said.
The newspaper said that the initial search for the letter covered 40 institutions in 11 locations — Britain, India, Australia, New Zealand, the United States, the Netherlands, Portugal, Hong Kong, Indonesia, Singapore and Malaysia.
Malaysia not giving up hope on Pedra Branca yet
Straits Times 2 Jun 08;
KL seeking letter by British governor to Johor sultan to back up claim to island
KUALA LUMPUR - MALAYSIA has renewed its search for evidence to stake its claim to Pedra Branca, just over a week after the International Court of Justice (ICJ) awarded the island to Singapore.
Foreign Minister Rais Yatim said he has directed his officials to try again to trace a letter written by British governor William Butterworth to the temenggong and sultan of Johor seeking permission to build Horsburgh Lighthouse on the island, The Star daily reported yesterday.
Dr Rais said in an interview with the paper that although the ICJ's ruling on May 23 was final and not subject to appeal, there was a specific provision in the court's rules that allowed for a judicial review of a case within 10 years if new evidence was found. He did not cite the exact provision.
'If we can gain sight of that letter, the gate can be opened again. There is a maximum 10-year period but preferably it should be done within six years,' he said.
During the hearing, Malaysia had contended that Britain had built and operated the lighthouse after getting consent from the Johor rulers.
In its argument before the ICJ, Malaysia had cited governor Butterworth's letters as one of the grounds for its claim to Pedra Branca.
The Star reported that a search for the 19th-century letter had covered 40 institutions in 11 countries, including Britain, India, Australia, New Zealand, the United States, the Netherlands, Portugal, Hong Kong and Malaysia.
'The letter could be in London...We have searched with them but it has not been conclusively proven that they don't have it,' said Dr Rais.
'Probably it is in Singapore. That would be a double jeopardy,' he added.
During the hearing, Malaysia had insinuated that Singapore might have hidden two 1844 letters from governor Butterworth to the rulers of Johor seeking permission to build a lighthouse near Point Romania on the Johor coast.
But Singapore Deputy Prime Minister S. Jayakumar countered that Singapore did not have copies of the letters, and had also searched in vain for them in various archives. He also pointed out that since the letters were sent to Johor's rulers, they were more likely to be in Johor than in Singapore.
Both countries also disputed the area referred to in the letters for which permission was sought. Malaysia said it included Pedra Branca, while Singapore maintained it referred to another group of islands.
Dr Rais said Malaysia could introduce a separate motion to the ICJ if the letter was found.
The ICJ ruling has raised much unhappiness among Malaysian MPs.
Earlier last week, an Umno MP lambasted the government for not archiving its historical documents properly, and thus failing to locate the Butterworth letter.
Following the ICJ's ruling - which awarded Pedra Branca to Singapore and Middle Rocks to Malaysia - the two countries now have to work out how to delimit the territorial waters in the area.
The court did not make a definitive ruling on an outcrop, South Ledge, which is visible only at low tide, saying it belonged to whoever owns the territorial waters it sits in.
Dr Rais said he would propose to Singapore that the waters be opened to fishermen from both countries and also Indonesia.
Singapore will wait to see what new evidence Malaysia can produce over Pedra Branca
Channel NewsAsia 4 Jun 08;
SINGAPORE : Singapore Law Minister K Shanmugam said Singapore will wait and see if the Malaysian government can come up with any new evidence to renew Malaysia's claim on Pedra Branca.
The International Court of Justice awarded Singapore sovereignty over the island on May 23, ending a nearly three-decade long territorial dispute between the two countries. Decisions by the Court are final and cannot be appealed.
Malaysian Foreign Minister Rais Yatim has been quoted in newspaper reports saying that Malaysia has renewed its search for evidence to stake its claim on Pedra Branca, or what Malaysians call Pulau Batu Puteh.
"I'm not quite sure what the legal basis of such suggestions are. My own view is that the international court has ruled, and both countries have said that they accept the ruling... As to what this new evidence is, we'll wait and see," said the Singapore law minister. - CNA /ls
