Pedra Branca Dispute - Malaysia's Case - Actions of United Kingdom and Singapore Those of Lighthouse Operator

Actions of United Kingdom and Singapore Those of Lighthouse Operator

Malaysia averred that the actions of the United Kingdom and its successor Singapore in constructing and maintaining Horsburgh Lighthouse on Pedra Branca were actions of the operator of the lighthouse and not the sovereign of the island. Johor had at no time ceded the island to the United Kingdom, but instead had merely granted permission for the lighthouse to be built and maintained on it.

Captain James Horsburgh, a Scottish hydrographer to the British East India Company who had prepared many charts and sailing instructions for the East Indies, China, New Holland, the Cape of Good Hope and other intermediate ports, died in May 1836. Merchants and mariners felt that the building of one or more lighthouses would be a fitting tribute to him, and in as early as November 1836 Pedra Branca was proposed as one of the preferred sites. By 1844, preference had been expressed for Romania Outer Island, or Peak Rock. Some time in November 1844, the Governor of the Straits Settlements, William John Butterworth, wrote to the Sultan and the Temenggung of Johor regarding the matter. His letters have not been found, but English translations of the replies, dated 25 November 1844, exist. The Sultan said:

I have received my friend's letter, and in reply desire to acquaint my friend, that I perfectly understand his wishes, and I am exceedingly pleased at the intention expressed therein, as it (a Light House) will enable Traders and others to enter and leave this Port with greater Confidence.

The Temenggung responded thus:

I have duly received my friend's communication, and understand the contents. My friend is desirous of erecting a Light House near Point Romania. I can have no possible objection to such a measure, indeed I am much pleased that such an undertaking is in contemplation. I wish to be guided in all matters by the Government, so much so, that the company are at full liberty to put up a Light House there, or any spot deemed eligible. Myself and family for many years have derived support from Singapore, our dependence is wholly on the English Government, and we hope to merit the protection of, and be favoured by the Company on all occasions consistent with propriety.

Three days later, on 28 November 1844, the Governor wrote to the Secretary of the Government in India to recommend that the lighthouse be sited on Peak Rock. Among other things, he said that "his Rock is part of the Territories of the Rajah of Johore, who with the Tamongong ... have willingly consented to cede it gratuitously to the East India Company", and enclosed the replies received from the Sultan and Temenggung. Nonetheless, Malaysia argued that the Sultan and Temenggung's letters amounted to no more than permission to the United Kingdom to build and operate a lighthouse on Peak Rock or some other suitable location.

On 13 November, Malaysia's Agent, Ambassador-at-Large Abdul Kadir Mohamad, alleged that Singapore was trying to "subvert" a 150-year-old arrangement under which Singapore operated Horsburgh Lighthouse on Pedra Branca, which was Malaysia's territory. He also suggested that if permitted to do so, Singapore would upset the peace and stability of the area where the island is located. He said that if Singapore reclaimed land around Pedra Branca, "uite apart from the possible effects on the environment and navigation in the Strait, this could lead to potentially serious changes to the security arrangements in the eastern entrance of the Strait". According to Malaysian Attorney-General Abdul Gani Patail, Singapore had first raised the issue of sovereignty over Pedra Branca on 13 April 1978 during a meeting between officials, saying it had "incontrovertible legal evidence" of its sovereignty over the island though it had never produced any documents in support. Prior to that, the sovereignty of the island had never been disputed. The 1980 statement by the then Malaysian Prime Minister Tun Hussein Onn concerning the "unclear" position of the island had also been premised on these documents which former Singapore Prime Minister Lee Kuan Yew had claimed were in Singapore's possession. The statement was therefore merely a friendly and respectful statement of a visiting prime minister at a press conference which had no probative value in court. All Hussein Onn had meant was that the matter required further discussion between the two countries.