SINGAPORE — The Singapore Government is strongly protesting Malaysia’s purported move to expand its port boundaries, which violates sovereignty and international laws, and it will not hesitate to “take firm action against intrusions and unauthorised activities”.
This is after ships and vessels from Malaysia have been repeatedly intruding into Singapore’s territorial waters off Tuas over the past two weeks, including vessels from the Malaysian Maritime Enforcement Agency and Marine Department Malaysia.
These details were disclosed on Tuesday (Dec 4) by Singapore's Ministry of Transport (MOT), hours after Malaysia's Transport Minister Anthony Loke said that his country will “immediately” issue a protest note over Singapore's plan to use the southern Johor Baru airspace for flight operations at Seletar Airport.
In spite of the public exchange of words, Singapore’s Transport Minister Khaw Boon Wan repeatedly expressed hope that “good sense will prevail” in relation to both issues, and stressed the need for both countries to cooperate for a “win-win outcome”.
Mr Khaw was speaking to reporters at Seletar Airport after a media briefing.
On concerns that the issues might escalate and strain ties between both countries, Mr Khaw said: “I certainly hope not. It's certainly not conducive for bilateral relations. We have so many things that we want to work together. The potential to do much more is huge.”
MALAYSIA ‘ESCALATED’ ITS ACTION: KHAW
Mr Khaw noted that he had met Mr Loke on three occasions this year to discuss cross-border transport issues — most recently on Nov 8 on the sidelines of the Association of South-east Asian Nations (Asean) Transport Ministers Meeting in Thailand’s capital of Bangkok.
Mr Khaw said that at the meeting, he had raised the issue of airspace management involving Seletar Airport, as well as the port limits expansion and incursions into Singapore’s territorial waters.
He told Mr Loke that Singapore has issued a note of protest over the port limits. In response, Mr Loke attributed the decision to Malaysia’s Foreign Affairs Ministry, which will issue a reply to the Republic, said Mr Khaw.
While Singapore waited for a response “which did not come, they (Malaysia) escalated the actions”, Mr Khaw pointed out.
Malaysia unilaterally issued more documents — port circular and mariners note — to inform the shipping community about its new port boundaries, Mr Khaw added.
In response, Singapore issued a second diplomatic note, protesting the move and asking Malaysia to immediately amend its gazette to take into account the Republic’s sovereignty concerns.
The Maritime Port Authority of Singapore also issued its own port marine circular on Nov 30, "instructing ship masters and owners of vessels to disregard" Malaysia's government gazette.
INCURSIONS INTO SINGAPORE’S WATERS
In the meantime, several vessels from the Malaysian government agencies have repeatedly intruded into Singapore’s waters. The Republic has also lodged a protest to its neighbour over this.
TODAY has reached out to Malaysia’s Foreign Affairs Ministry, and sent separate queries to Singapore’s MOT on why the protest notes and incidents were not made public earlier.
Nevertheless, MOT said the Republic of Singapore Navy and the Police Coast Guard are safeguarding the sovereignty of the country’s territorial waters round the clock.
“Singapore will not hesitate to take firm action against intrusions and unauthorised activities in our waters,” the ministry added.
Mr Khaw reiterated that the extension of the port limits and the incursions are “clearly violations of our sovereignty and international law".
“We hope that good sense will prevail because if you carry on like this, it’s certainly not conducive for good, bilateral relationship. There’s much we can gain – win-win – from working together,” said Mr Khaw, citing the perennial Causeway traffic jam as a “notable example” of what both countries can work on if they “sit down together”.
THE UNRAVELLING
Singaporeans and Malaysians had little inkling on what was to come when Malaysian budget airline Firefly abruptly announced on Nov 22 that it will suspend all flights into Singapore from this month, due to unresolved issues over the relocation of its operations from Changi Airport to Seletar Airport.
The next day, the Civil Aviation Authority of Malaysia (CAAM) tried to link the relocation to “outstanding airspace issues to be discussed, particularly on reviewing the terms and conditions of delegation of Malaysia’s airspace to Singapore for the provision of Air Traffic Services”.
In response, the Civil Aviation Authority of Singapore (CAAS) revealed that the budget airline has not been given the green light from Malaysian authorities for the move. It also reiterated that the airspace issues are not related to the relocation.
Things came to a head on Tuesday, when Mr Loke told the Malaysian Parliament that the country will send a protest note to Singapore.
Mr Loke claimed that Singapore had on Dec 1 issued — without Malaysia’s consent — new Instrument Landing System (ILS) procedures for the Seletar Airport to be enforced on Jan 3.
On its part, the Malaysian government had conveyed its decision not to allow Singapore to “operationalise” its ILS on Nov 28 and 29, Mr Loke said. TODAY understands that the Malaysians have communicated their protest verbally during the meetings with CAAS on those dates.
The ILS — contained in Singapore’s Aeronautical Information Publication — provides precision lateral and vertical guidance to an aircraft approaching and landing on a runway.
As the Seletar airport is just 2km away from the Johor Baru border, Mr Loke claimed that the ILS would affect development in the Johor Baru town of Pasir Gudang.
There would be height restrictions imposed on buildings and other infrastructure, and it would also affect shipping activities at the Pasir Gudang port, he added.
Mr Loke’s claims were rebutted by Singapore’s MOT.
Among other things, the ministry pointed out that CAAS had shared the ILS procedures with their Malaysian counterparts back in December last year.
Despite “repeated reminders”, the MOT said that it received “no substantive response” from CAAM until late last month.
The ILS procedures were designed in line with standards set by the International Civil Aviation Organisation (ICAO), said the MOT. They are also aligned with “existing flight profiles into Seletar Airport, which have been used for decades”.
The procedures have also been designed to take into account Pasir Gudang’s existing structures. As such, there will not be additional impact on businesses and residents in Johor.
Likewise, the procedures would not affect shipping on the Straits of Johor, or other users of the airspace, the MOT said.
Weighing in, Mr Khaw pointed out that airspace management has “nothing to do with sovereignty”.
Countries such as United States, Canada and France have their airspace or part of their airspace managed by others, he added.
Airspace management is “very much about safety and about efficiency”, he stressed.
The ILS procedures enhance flight safety especially when there is low visibility, he noted.
The MOT said that arrangements for Singapore to manage the Southern Johor airspace were approved by the ICAO, following consultation with Malaysia and other regional countries.
A bilateral agreement was signed in 1974 to enforce the arrangement. Under it, the provision of air traffic services in the airspace over Southern Johor was delegated to Singapore, the MOT said.
MANY STAKEHOLDERS ‘COULD BE AFFECTED’
Mr Loke said his government will start the “first phase” of reclaiming its airspace at the end of next year. The subsequent stage will begin in 2023, he added.
Mr Khaw said such a proposal will “affect many stakeholders”, given that the airspace is “probably one of the most complex” in the world with an ever-increasing number of flights.
“You cannot just unilaterally decide. You have to sit down and consult,” Mr Khaw added.
Under ICAO procedures, any changes to the management of airspace ought to reflect an improvement in safety and efficiency.
Mr Khaw questioned “what is the point of changing” if there would not be any improvements.
The process could take several years: Malaysia must first outline plans to address potential safety and security concerns. Thereafter, it has to consult other regional countries and airlines.
Mr Khaw also took the opportunity to spell out his approach in dealing with complex bilateral issues: Cooperation is preferred — as in the case of complications arising from the Kuala Lumpur-Singapore High-Speed Rail project.
“In cross border transport, if you cooperate, you can do a lot of things together,” said Mr Khaw. “And my belief is in cooperation, even though we can continue to compete, whether in tourism or investment or even logistics.”
Over the years, Singapore has faced claims for airspace from not only Malaysia, but Indonesia as well. As recent as last year, Indonesia said it wants to take back control from Singapore of the Flight Information Region (FIR) over the Riau Islands, citing the issue of sovereignty.
But the Singapore Government has clarified that the FIR is not about sovereignty. Instead, it is based on operational and technical considerations to provide effective air traffic control services.
Singapore lodges 'strong protest' over extension of Johor Bahru port limits
Channel NewsAsia 4 Dec 18;
SINGAPORE: Singapore has lodged a "strong protest" with the Malaysian government over its move to extend the Johor Bahru port limits "in a manner which encroaches into Singapore's territorial waters off Tuas", said Singapore's Ministry of Transport (MOT) in a media statement on Tuesday (Dec 4).
Changes to the port limits were announced through Malaysia's Federal Government Gazette on Oct 25, 2018, in a document published by the Attorney General's Chambers.
Singapore said it has requested that Malaysia refrain from taking any further unilateral action, and to amend the gazette notification "to reflect the sovereignty of Singapore over the waters in question".
The Maritime and Port Authority of Singapore has also issued a circular on Nov 30, instructing ship masters and owners of vessels to disregard Malaysia’s gazette notification.
Singapore's Transport Ministry added that Malaysian vessels - from the Malaysian Maritime Enforcement Agency and Marine Department Malaysia - have repeatedly intruded into Singapore's territorial waters off Tuas over the past two weeks.
"Singapore has protested the unauthorised movements of, and purported assertions of sovereignty by these vessels, which are inconsistent with international law," said the MOT statement.
"The Republic of Singapore Navy and the Police Coast Guard are safeguarding the sovereignty of Singapore territorial waters and enforcing the security of these waters on a 24/7 basis. Singapore will not hesitate to take firm action against intrusions and unauthorised activities in our waters."
The statement added that the actions by Malaysia are "a serious violation of Singapore’s sovereignty and international law".
"These actions are unconducive to good bilateral relations, cause confusion for the international shipping community, and lead to increased navigational and safety risks for all parties," MOT said.
"Singapore stands ready to engage with Malaysia to resolve these matters amicably, in accordance with international law."
"WE HOPE GOOD SENSE WILL PREVAIL": KHAW BOON WAN
Speaking to reporters on Tuesday, Singapore's Transport Minister Khaw Boon Wan said he had raised the issue with his Malaysian counterpart Anthony Loke.
"Minister Anthony Loke told me it was a move on the part of their foreign affairs (ministry), and that their ministry will reply to us. But while waiting for the response, which didn't come, in fact, they escalated actions.
"They went on to publish a port circular and a few weeks later, a mariners note - instructions to the shipping community about their new boundaries - so we issued a second third-party notice," said Mr Khaw.
"We hope that good sense will prevail because if we carry on like this, certainly it's not conducive."
READ: Southern Johor airspace arrangements 'have worked well', changes will affect many: MOT
READ: Malaysia's desire to take back airspace 'not a straightforward decision': Khaw Boon Wan
Singapore on Tuesday also responded to remarks by Mr Loke who said that Malaysia wants to reclaim its "delegated airspace" in southern Johor.
The current airspace arrangements over southern Johor have benefitted both Singapore and Malaysia, and any changes will impact many stakeholders, said Singapore's Transport Ministry.
It also pointed out that procedures for aircraft landing at Seletar Airport were designed to align with existing flight profiles into the airport which "have been used for decades".
The procedures take into account existing structures at Pasir Gudang and "do not impose any additional impact on other airspace users as well as businesses and residents in Johor", said MOT.
Source: CNA/jt(gs)
Singapore lodges protest with Malaysia over actions that infringe on Republic's sovereignty
Zakir Hussain Straits Times 4 Dec 18;
SINGAPORE - Singapore has lodged a strong protest with the Malaysian government over recent actions that impinge on Singapore's sovereignty, and warned that it will not hesitate to take firm action against intrusions and unauthorised activities in the Republic's territorial waters.
The Ministry of Transport on Tuesday (Dec 4) said it noted with grave concern Malaysia's purported extension of the Johor Bahru port limits in a manner which encroaches into Singapore territorial waters off Tuas, through a notice in the Federal Government Gazette.
Over the past two weeks, vessels from the Malaysian Maritime Enforcement Agency and Marine Department Malaysia have also repeatedly intruded into Singapore territorial waters off Tuas, the ministry added.
"Singapore has protested the unauthorised movements of, and purported assertions of sovereignty by these vessels, which are inconsistent with international law," it said in a statement.
"The Republic of Singapore Navy and the Police Coast Guard are safeguarding the sovereignty of Singapore territorial waters and enforcing the security of these waters on a 24/7 basis," it added.
Transport Minister Khaw Boon Wan told reporters the Malaysian actions "are clearly a violation of our sovereignty and international law".
Earlier in the day, Malaysian Transport Minister Anthony Loke had told the Malaysian Parliament that KL had informed Singapore of its intention to take back airspace over south Johor which had been delegated to Singapore to manage, in stages, from next year.
"It is not our stance to take a confrontational approach," Mr Loke said. "But this involves our sovereignty, which the Malaysian government will defend in the strongest terms."
Khaw Boon Wan on airspace and port limits issues with Malaysia
Singapore's Transport Ministry replied that "Singapore respects Malaysia's sovereignty", but noted that international law is clear that cross-border airspace management is not incompatible with sovereignty.
Apart from its Gazette notification on Oct 25 declaring new Johor Bahru port limits, Malaysia had also issued a port circular dated Nov 11 and a notice to mariners dated Nov 22 on these changes.
In response to the notices from Kuala Lumpur, Singapore lodged a strong protest with the Malaysian government.
The Ministry of Transport has rejected the contention that Malaysia's sovereignty is compromised in any manner because Singapore provides air traffic services over south Johor.
Related Story
Singapore makes its point after Malaysia says it wants to take back management of airspace over south Johor
Singapore has also requested that Malaysia amend its notices "to reflect the sovereignty of Singapore over the waters in question, and that Malaysia refrain from taking any further unilateral action".
The Maritime and Port Authority of Singapore (MPA) also issued a circular on Nov 30 instructing ship masters and owners of vessels to disregard Malaysia's three notices, "which impinge on Singapore's sovereignty".
The Ministry of Transport added: "Malaysia's purported extension of the Johor Bahru port limits and the repeated intrusions by Malaysian Government vessels into Singapore territorial waters are a serious violation of Singapore's sovereignty and international law. These actions are unconducive to good bilateral relations, cause confusion for the international shipping community, and lead to increased navigational and safety risks for all parties."
"Singapore stands ready to engage with Malaysia to resolve these matters amicably, in accordance with international law."
Asked whether there is a concern that the issues over airspace and port limits could escalate, Mr Khaw told reporters that he hoped they would not.
"It is certainly not conducive for bilateral relations. We have so many things that we want to work together on," he said.
As for actions taken by Singapore, he added: "If you intrude into our space, there will be warnings, move on, move away... There are standard rules of engagement."
"We do not want a misunderstanding which leads to unnecessary accident or worse, then suddenly we have a crisis to handle," he said.
"We hope that good sense will prevail."
Johor Baru Port limits do not encroach into Singapore, despite their land reclamation, says Loke
joseph kaos jr The Star 5 Dec 18;
PUTRAJAYA: The newly-altered limits for Johor Baru Port do not encroach into Singapore's territory, said Anthony Loke (pic).
The Transport Minister said Singapore's claims that the extension of the port limits intruded into Singapore waters were “inaccurate”.
“Malaysia has always had and continues to have sovereignty over the waters within the port limits for Johor Bahru Port.
"Singapore has in recent years carried out extensive land reclamation in the area in question," said Loke in a statement on Wednesday (Dec 5).
“It is trite law that land reclamation does not extend a state’s basepoints and/or baselines," he added.
Loke said that in accordance with international law, the territorial sea of Singapore remains unchanged even when reclamation has been carried out almost to the outer limits of Singapore’s territorial seas.
“As such, the altered port limits of Johor Bahru Port are in Malaysia’s territorial sea and it is well within Malaysia’s right to draw any port limit in our territorial sea in accordance with our own national laws," added Loke.
He said that Malaysia has also taken prudent action to accurately promulgate the alteration via our Federal Government Gazette and to issue the necessary Port Circular and Notice to Mariners," said Loke.
He also said it was Malaysia's sovereign right to deploy enforcement agencies in its own territorial sea.
“This practice is fully consistent with international law and, as such, the Malaysian Maritime Enforcement Agency and the Marine Department of Malaysia have not intruded into any of part of Singapore,” he said.
Loke also said Malaysia has called on Singapore to withdraw a Port Marine Circular issued on Nov 30 which instructed vessels to disregard Malaysia's Gazette Notification.
“Malaysia urges Singapore to immediately withdraw its Port Marine Circular and prevent its enforcement agencies from further intruding into Malaysia’s territorial sea and harassing vessels and persons lawfully permitted by Malaysian laws and authorities as well as international law to be present in Malaysia’s territorial sea.
“It is precisely these actions by Singapore that amount to serious violations of Malaysia’s sovereignty and international law and are unconducive to good bilateral relations, cause confusion for the international shipping community and lead to increased navigational and safety risks to all parties,” Loke said.
Loke added that Malaysia is prepared to engage with Singapore through “appropriate diplomatic channels” towards “an amicable resolution” in this matter.
Singapore's Foreign Affairs Minister Vivian Balakrishnan urges Malaysia to 'cease intrusions'
Channel NewsAsia 5 Dec 18;
SINGAPORE: Foreign Affairs Minister Vivian Balakrishnan spoke to his Malaysian counterpart Saifuddin Abdullah on Wednesday (Dec 5) about Malaysia's purported extension of the Johor Bahru port limits, urging Malaysia to cease intrusions into Singapore territorial waters to avoid escalating tensions on the ground.
Speaking to Mr Saifuddin on the phone, Dr Balakrishnan noted that the limits "now extend beyond even the limits of Malaysia's territorial sea claim in the area, as set out in Malaysia's own 1979 map, which Singapore has never accepted", said Singapore's Ministry of Foreign Affairs (MFA) in a press statement.
Changes to the port limits had been announced through Malaysia's Federal Government Gazette on Oct 25, 2018, in a document published by the Attorney General's Chambers.
On Tuesday, Singapore said it had lodged a "strong protest" over the move, requesting that Malaysia refrain from taking any further unilateral action and to amend the gazette notification "to reflect the sovereignty of Singapore over the waters in question".
Dr Balakrishnan said that despite Singapore's diplomatic protests, there had been a "series of provocative intrusions" by Malaysian government vessels into Singapore territorial waters off Tuas.
He stressed the "urgent need" for Malaysia to "cease these intrusions" to avoid escalating tensions on the ground.
"IN BOTH COUNTRIES' INTEREST TO ENSURE SAFETY"
In the phone call, Dr Balakrishnan also referred to discussions on airspace issues between Singapore's Transport Minister Khaw Boon Wan and his Malaysian counterpart Anthony Loke, as well as Mr Loke's public comments on the issue.
Mr Loke had said in the Malaysian parliament on Tuesday that his government intended to reclaim the southern Johor airspace, which had been "delegated" to Singapore since 1974. Later that day, Mr Khaw said he noted the intention, but added that as the airspace was one of the most complex in the world, it "was not a straightforward decision to just change the status quo".
Minister Balakrishnan emphasised to Mr Saifuddin that Singapore respected Malaysia's sovereignty and that it was "in the interest of both countries to ensure the safety of civil aviation over our skies".
"Any proposal should ensure that the safety and efficiency of civilian air traffic was not compromised, and remained in accordance with ICAO standards, processes and procedures," MFA stated.
According to MFA, Dr Balakrishnan also said that the two countries "should continue to discuss these issues constructively" and emphasised the importance of maintaining a good bilateral relationship and compliance with international law.
Dr Balakrishnan has been on a two-day working visit to Japan, where he met his Japanese counterpart Taro Kono to discuss bilateral cooperation as well as key regional developments.
Source: CNA/hs
Malaysian vessel parked in Singapore waters is used to mark territory
Aqil Haziq Mahmud Channel NewsAsia 6 Dec 18;
SINGAPORE: A Malaysian vessel that has been anchored in Singapore territorial waters for several days is used for marking territory.
READ: Singapore extends port limits off Tuas, won't hesitate to take action against Malaysia intrusions: Khaw
During a media briefing on Thursday (Dec 6), Transport Minister Khaw Boon Wan showed reporters a video displaying instances of Malaysian vessels intruding into Singapore waters.
The video shows a Malaysian buoy-laying vessel - the Jabatan Laut Polaris. Buoy-laying vessels are usually used to mark territory or safety hazards and Jabatan Laut refers to the Malaysia Marine Department.
"This particular Malaysian vessel has been there since Dec 3, I think - has been there for several days - and even as we speak, continues to be there," Mr Khaw said. "There are three Malaysian vessels currently in our waters."
Mr Khaw said there have been 14 intrusions into Singapore territorial waters off Tuas in the past two weeks, after Malaysia extended its Johor Bahru Port Limits in October.
Illustration showing the adjustment of Singapore and Malaysia's port limits.
According to global ship tracking site MarineTraffic, the Malaysian-registered Polaris has stopped in the waters off Tuas.
At about 10am on Thursday, the Polaris started moving south and hit a speed of about 9km/h before making a U-turn and stopping slightly farther away from Singapore.
The website confirmed that the Polaris is a buoy-laying vessel, adding that it was built in 2017 and measures 84m by 16m.
S$30 MILLION VESSEL
A 2017 Bernama news agency article posted on the Malaysia Marine Department website said the Polaris is a multi-purpose vessel that can tow ships and fight marine fires.
The RM92 million (S$30.3 million) vessel, which operates from the Strait of Malacca to the South China Sea, has a top speed of about 28km/h and and can stay at sea for 35 days without resupplies, the article quoted the department's director Baharin Abdul Hamid as saying.
The Polaris is also used for training, and comes equipped with a classroom, meeting room, gym and bunks for 20 trainees.
Singapore has repeatedly maintained that Malaysia's extension of its Johor Bahru Port Limits encroaches into its territory and violates its sovereignty.
Source: CNA/hz(hm)