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Pedra Branca, Singapore

March 11, 2023

Pedra Branca (Portuguese pronunciation: [pɛðɾɐ βɾɐ̃kɐ]) is an outlying island and the easternmost point of Singapore.[1] The name of the island refers to whitish guano deposited on the rock. The island consists of a small outcrop of granite rocks with an area of about 8,560 square metres (92,100 sq ft) at low tide. During the low water spring tide it measures, at its longest, 137 metres (449 ft) and has an average width of 60 metres (200 ft). Pedra Branca is situated at 1°19′48″N 104°24′27″E / 1.33000°N 104.40750°E / 1.33000; 104.40750, where the Singapore Strait meets the South China Sea.

Pedra Branca
Pedra Branca and Horsburgh Lighthouse
Location of Pedra Branca
Geography
Coordinates01°19′49″N 104°24′21″E / 1.33028°N 104.40583°E / 1.33028; 104.40583Coordinates: 01°19′49″N 104°24′21″E / 1.33028°N 104.40583°E / 1.33028; 104.40583
Administration
RegionEast Region
CDCSouth East CDC
Town councilEast Coast–Fengshan Town Council
ConstituencyEast Coast GRC

There are two maritime features near Pedra Branca. Middle Rocks, under the sovereignty of Malaysia, consists of two clusters of small rocks about 250 metres (820 ft) apart situated 0.6 nautical miles (1.1 km; 0.7 mi) south of Pedra Branca. South Ledge, which is 2.2 nautical miles (4.1 km; 2.5 mi) to the south-south-west of Pedra Branca, is a rock formation visible only at low-tide.

Pedra Branca was known to sailors for centuries. It was originally within the territory of the Johor Sultanate, which was founded in 1528, and remained under the new Sultanate of Johor while under the British sphere of influence following the signing of the Anglo-Dutch Treaty of 1824 between the United Kingdom and the Netherlands. Between 1850 and 1851, the British built Horsburgh Lighthouse on the island without seeking the consent of the Johor authorities or informing them of the decision. From that time, the Straits Settlements administered the island; Singapore then assumed responsibility in 1946 after the dissolution of the Straits Settlements. On 21 September 1953, the Acting State Secretary of Johor, responding to a query from the Colonial Secretary of Singapore about the status of the island, stated that "the Johore Government does not claim ownership of Pedra Branca".

On 21 December 1979, Malaysia published a map that showed the island to be within its territorial waters. This ignited a 29-year territorial dispute which, together with the issue of sovereignty over the nearby maritime features of Middle Rocks and South Ledge, the disputants presented to the International Court of Justice (ICJ) for resolution. On 23 May 2008, the ICJ ruled that Pedra Branca was under Singapore's sovereignty. At this point, the ICJ also noted Singapore's plans to conduct reclamation at Pedra Branca.[2] Although the island had originally been under the sovereignty of the Johor Sultanate, the United Kingdom and Singapore had carried out various acts of sovereignty in respect of the island. The failure of Malaysia and its predecessors to respond to these acts, and other actions that demonstrated their acknowledgment of Singapore's sovereignty over the island, meant that Singapore had gained sovereignty over Pedra Branca. On the other hand, Middle Rocks remain part of Malaysian territory as Singapore had not manifested any acts of sovereignty in respect to it. The Court did not rule definitively on the remaining outcrop, South Ledge, declaring that it belonged to the state in the territorial waters of which it is located. Malaysia and Singapore have established the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks, and to determine the ownership of South Ledge.

On 1 February 2019, Pedra Branca was added to East Coast GRC for the Parliament of Singapore.

Etymology

Pedra Branca means "white rock" in Portuguese, and refers to whitish guano (bird droppings) deposited on the rock by the black-naped tern, which used the island as a nesting ground.[3] This name is used by both the English-language and Malay-language press in Singapore.[4] Malaysia formerly referred to the island as Pulau Batu Puteh, which means "white rock island" in Malay, but the Government of Malaysia subsequently decided to drop the word Pulau ("Island"). In August 2008 Foreign Minister Rais Yatim said Malaysia considered that the maritime feature did not meet internationally recognised criteria for an island, that is, land inhabited by humans that had economic activity.[5]

The island is known in Mandarin as Baijiao (Chinese: 白礁; pinyin: báijiāo),[3] which means "white reef".[6] The Tamil name is பெட்ரா பிராங்கா, a transliteration of Pedra Branca.

Geography

 
The approximate location of Pedra Branca in the South China Sea in relation to the countries surrounding it

Pedra Branca, located at 1° 19′ 48″ N and 104° 24′ 27″ E, is an island with an area of about 8,560 square metres (92,100 sq ft) at low tide. During the low water spring tide it measures, at its longest, a mere 137 metres (449 ft) and has an average width of 60 metres (200 ft). It is approximately 24 nautical miles (44 km; 28 mi) to the east of Singapore; 7.7 nautical miles (14.3 km; 8.9 mi) south of Johor, Malaysia; and 7.6 nautical miles (14.1 km; 8.7 mi) north of Bintan, Indonesia.[7][8][9]

There are two maritime features near Pedra Branca. Middle Rocks, which is under the sovereignty of Malaysia, consists of two clusters of small rocks about 250 metres (820 ft) apart situated 0.6 nautical miles (1.1 km; 0.7 mi) south of the island. They stand 0.6 metres (2.0 ft) to 1.2 metres (3.9 ft) permanently above water. South Ledge, on the other hand, is a rock formation visible only at low-tide. It is 2.2 nautical miles (4.1 km; 2.5 mi) to the south-south-west of Pedra Branca.[10] Its ownership has yet to be definitively determined by Malaysia and Singapore.

Rock samples from Pedra Branca, Middle Rocks and South Ledge show they are all composed of a light, coarse-grained biotite granite. Therefore, from a geomorphological standpoint, the three maritime features belong to the same rock body.[11]

History

 
A replica of Long Ya Men at the Labrador Nature Reserve, put up in 2005 as part of the Singapore Zheng He's 600th Anniversary Celebrations
 
Detail of a 1620 "Map of Sumatra" by Hessel Gerritz, a cartographer with the Hydrographic Service of the Dutch East India Company. The location of the island of "Pedrablanca" (Pedra Branca) is marked

Pedra Branca was known to sailors for centuries. Part of the Chinese sailing instructions for the South China Sea based on information compiled by Admiral Zheng He (1371–1433) advised a navigator that after departing Long Ya Men (Mandarin for "Dragon's Teeth Gate"), a rocky outcrop at the gateway to what is now Keppel Harbour in Singapore, he should steer a course of between 75° and 90° for five watches until his vessel reached Baijiao.[3] Pedra Branca was also mentioned in Dutch voyager Jan Huyghen van Linschoten's Itinerario (Itinerary),[12] an account of his voyages in the Portuguese East Indies. After the publication of the work in 1596, the island began appearing regularly on European maps of the Far East.[13] The 1598 English edition of the work stated:[14]

From the Cape of Singapura to the hook named Sinosura to the east, are 18 miles; 6 or 7 miles from there lies a cliffe in the sea called Pedra Branque, or White Rock, where the shippes that come and goe from China doe oftentymes passe in greate danger and some are left upon it, whereby the Pilots when they come thither are in greate feare for other way than this they have not.[13]

Pedra Branca was originally within the territory of the Johor-Riau Sultanate,[15] which was founded in 1528 by Sultan Alauddin Riayat Shah II, the son of Sultan Mahmud Shah of the Malacca Sultanate. In the mid-17th century, the Dutch Governor of Malacca wrote to the Dutch East India Company, asking it to send two boats to the Straits of Singapore to "cruise to the south of Singapore Straits under the Hook of Barbukit and in the vicinity of Pedra Branca" to stop Chinese traders from entering Johor River. The plan was put into force, and two Chinese junks were captured in the Straits and diverted to Malacca. However, this action provoked a protest from the Sultan of Johor, which showed that the Sultan regarded the junks' seizure as an infringement of his sovereignty in the area. Three letters written in 1824 to the Government of India by the British Resident in Singapore, John Crawfurd, also confirm it was his understanding that all the islands in the region of the Straits of Singapore came under the Johor Sultanate.[16]

 
Thomas and William Daniell's etching of Pedra Branca before the building of Horsburgh Lighthouse, c. 1820

In addition, other 19th-century documents show that the Sultan of Johor exercised authority over the Orang Laut ("sea people") who inhabited the maritime areas of the Straits of Singapore and visited Pedra Branca. One of these was a letter of November 1850 by John Turnbull Thomson, the Government Surveyor of Singapore, which reported on the need to exclude the Orang Laut from Pedra Branca where Horsburgh Lighthouse was being built. Calling them a "half fishing half piratical sect", Thomson noted that they "frequently visit the rock so their visits should never be encouraged nor any trust put in them ... In the straits and islets of the neighbouring shores and islands many lives are taken by these people."[17]

On 17 March 1824, the United Kingdom and the Netherlands signed the Anglo–Dutch Treaty of 1824. It divided the old Johor Sultanate into two new Sultanates: the new Sultanate of Johor, which would be under the British sphere of influence, and the Sultanate of Riau–Lingga under Dutch influence.[18] Under Article XII of the Treaty, Britain agreed that "no British Establishment shall be made on the Carimon Isles, or on the Island of Bantam, Bintang, Lingin, or on any of the other Islands South of the Straits of Singapore ..." The islands and islets within the Straits fell within the British sphere of influence. This included Pedra Branca, which thus remained part of the territorial domain of the new Johor Sultanate.[19]

1840s to 1851: Construction of Horsburgh Lighthouse

 
Horsburgh Lighthouse, a painting by John Turnbull Thomson (1821–1884) showing the island of Pedra Branca just after the completion of the lighthouse in 1851, which he designed.

Captain James Horsburgh,[20] 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,[21] 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.[22] By 1844, preference had been expressed for Romania Outer Island, or Peak Rock.[23] 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, indicate that the Sultan and Temenggung favoured the proposal. In particular, the Temenggung wrote that "the [East India] company are at full liberty to put up a Light House there, or any spot deemed eligible".[23] Three days later, on 28 November, 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 "[t]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.[23] Although this was apparently the Governor's understanding of the situation, he did not communicate it to the Sultan and Temenggung.[24] It is unclear whether the correspondence was limited to Peak Rock or extended to other potential sites for the lighthouse such as Pedra Branca, and whether the sovereignty of Johor over any place chosen for the lighthouse was ceded to the British Government or only a permission to build, maintain and operate a lighthouse was granted.[25]

 
A sketch by Thomson showing Chinese stonecutters from the "Kay tribe" (that is, of Hakka origin) at work in a quarry on Pulau Ubin, an island off the northeast coast of Singapore, which supplied granite for the lighthouse on Pedra Branca.[26]

On 22 August 1845, Governor Butterworth wrote again to the Government of India, indicating he trusted that construction of the lighthouse on Peak Rock would begin soon "as a light in that quarters is becoming daily of more paramount importance".[27] Between 1824 and 1851, at least 16 sizeable vessels were wrecked in the vicinity of Pedra Branca and Point Romania (on the Johor coast).[27][28] However, in April 1846, the Lords of the Admiralty in London informed the Court of Directors of the East India Company they were inclined to think that Pedra Branca was the best point for the lighthouse. John Thomson and Captain S. Congalton, commander of the East India Company's steamer called the Hooghly, carried out surveys in May and August. In a report dated 25 August, they said they were "decidedly of opinion that Pedra Branca is the only proper position for a Light to be placed ... for the safety of Shipping whether entering or departing for the Straits of Singapore ..." The following day, Governor Butterworth wrote to the Government of India stating that the Government "will at once perceive that Pedra Branca is the only true position" for the lighthouse. On 30 October 1846, the President in Council in India approved Pedra Branca as the site for the lighthouse. The East India Company gave its approval on 24 February 1847, and on 10 May of that year the Government of India asked Governor Butterworth to take measures for the construction of the lighthouse.[29] There is no evidence that the authorities in Singapore thought it necessary or desirable to inform the Johor authorities of the decision about the siting of the lighthouse or to seek any consent for its erection.[30]

Although the private subscribers wishing to commemorate Horsburgh had raised a sum which, with compound interest, came up to more than 7,400 Spanish dollars when it was paid over to the Singapore authorities,[31] there was still a shortfall of funds for the building works. Thus, the Government of India, in agreement with the East India Company, authorised Governor Butterworth to prepare a law imposing a duty on vessels entering Singapore and asked him to take immediate measures to begin constructing the lighthouse.[32] The Light Dues Act 1852 was duly enacted by the Governor-General of India in Council on 30 January 1852.[33] Thomson, appointed by the Governor as the architect for the project, took charge of planning and supervising the construction of Horsburgh Lighthouse.[32] Construction work began in late March or early April 1850.[34] On Queen Victoria's birthday, 24 May 1850, the foundation stone was laid at a ceremony conducted by members of the newly founded Masonic Lodge Zetland in the East No. 749 and attended by the Governor, the commander of the Singapore garrison, a rear admiral and several foreign consuls.[35] The construction of the lighthouse then continued till 21 October, and resumed after the monsoon in April 1851. Up to 50 workmen were involved, including Chinese carpenters and stonemasons and their Malay assistants, Indian quarrymen and convict labourers, a cook and his assistant, and six lascars to defend the island from attack by pirates. The pirates of the South China Sea were notorious – during the construction of Horsburgh Lighthouse nine Chinese labourers were killed in pirate raids.[26] Building materials and supplies were brought by the Hooghly, supported by two gunboats and two lighters. Unless he was required elsewhere, Thomson stayed on the island to supervise the works.[36] The ceremonial first lighting of the lamp was arranged for 27 September 1851, again attended by the Governor, Masons of the Zetland Lodge, foreign dignitaries, senior residents of Singapore and other notables; the Singapore Free Press reported: "A simultaneous rising [of the guests from the dinner table] announced that the process of illumination had commenced. Three hearty cheers welcomed the light, the meteor-like brilliancy of which will probably serve to guide the midnight path of the mariner for a thousand years to come."[37] On 15 October the lighthouse was permanently turned on, and Thomson finally departed Pedra Branca for Singapore on the Hooghly on 18 November 1851.[38]

1852 to the 1970s

The Light Dues Acts of 1852 and 1854 (India) declared that Horsburgh Lighthouse and its appurtenances were the property of and vested in the East India Company. In 1867, the Straits Settlements, of which Singapore was a part, became a Crown Colony, and by the Straits Settlements Light-Houses Ordinance 1912, the lighthouse was vested in Singapore.[39] After 1912, the duties levied on ships passing through the Singapore Strait were abolished; instead, the costs of the lighthouse were shared by the neighbouring states.[40]

In 1946, following World War II, Singapore became a separate Crown Colony. The other Straits Settlements, Malacca and Penang, joined the Malay states (including Johor) to form the Malayan Union. The latter became the Federation of Malaya in 1948, and the Federation of Malaysia in 1963. On 17 June 1953, the Colonial Secretary of Singapore wrote to the British Adviser to the Sultan of Johor to clarify the status of Pedra Branca. He noted that the rock was outside the limits ceded by Sultan Hussein Shah and the Temenggung with the island of Singapore under the Treaty of Friendship and Alliance of 2 August 1824 they had entered into with the East India Company.[41] However, the Colonial Government had been maintaining the lighthouse built on it, and "[t]his by international usage no doubt confers some rights and obligations on the Colony". He therefore asked if "there is any document showing a lease or grant of the rock or whether it has been ceded by the Government of the State of Johore or in any other way disposed of".[42] The Acting State Secretary of Johor replied on 21 September that "the Johore Government does not claim ownership of Pedra Branca".[43] This correspondence indicated that as of 1953 Johor understood it did not have sovereignty over Pedra Branca, which had therefore vested in the United Kingdom.[44]

The Colony of Singapore became a self-governing state in 1959 and left the British Empire to join the Federation of Malaysia in 1963. Two years later, in 1965, Singapore became a fully independent republic. In 1959, in an official publication regarding meteorological information collected on Pedra Branca, Malaya listed Horsburgh Lighthouse as a "Singapore" station together with the Sultan Shoal and Raffles Lighthouses. The lighthouse on Pedra Branca was described in the same way in a joint Malaysian and Singaporean publication in 1966, the year after Singapore left the Federation. In 1967, when the two countries began reporting meteorological information separately, Malaysia ceased referring to Horsburgh Lighthouse.[45] In maps published by the Malayan and Malaysian Surveyor General and Director of General Mapping in 1962, 1965, 1970, 1974 and 1975, the island was indicated with the word "(SINGAPORE)" or "(SINGAPURA)" under it. The same designation was used for an island that was unquestionably under Singapore's sovereignty. On the other hand, the designation was not used for Pulau Pisang, an island under Malaysian sovereignty on which Singapore operated a lighthouse.[46]

Singapore replaced the original kerosene-fired lamp of Horsburgh Lighthouse with automated navigational lights in the 1970s.[37] In 1972, 1973, 1974 and 1978, the Port of Singapore Authority (PSA) considered the feasibility of carrying out reclamation of about 5,000 square metres (54,000 sq ft) of land around Pedra Branca, but did not go ahead with the project.[47] On 30 May 1977, with the permission of the PSA, the Republic of Singapore Navy installed a military rebroadcast station which it shared with the Republic of Singapore Air Force.[48] Subsequently, the PSA installed a helipad on the eastern half of the island, and a communications tower for its Vessel Traffic Information System[47] for the 900-odd ships that pass daily through the south and middle channels which are the main shipping channels of the eastern part of the Singapore Strait.[49]

Present

In the 1980s, Malaysian Marine Police boats entered the waters around Pedra Branca on several occasions. However, both Malaysia and Singapore acted with restraint, the Singapore Navy having been given strict instructions not to escalate matters. In 1989, the then Prime Minister of Malaysia Mahathir Mohamad made an unannounced visit to the vicinity of the island. His boat was intercepted by Singapore naval vessels. To avoid an international incident, he directed his boat to leave.[50]

With effect from 27 June 2002, Pedra Branca was declared a protected area within the meaning of the Protected Areas and Protected Places Act.[51] Consequently, a permit from the Maritime and Port Authority of Singapore is required for access to the island,[52] and unauthorised presence there is a criminal offence.[53] On 6 October 2008, a Singaporean man, Roger Lee, was convicted of illegally landing on Pedra Branca. In court documents, he said he had gone to Batam, Indonesia, in 1998. He later married and started a family with an Indonesian woman, but she left him in 2007 due to his unstable income and inability to hold down a job. As he had illegally overstayed in Indonesia and had been cheated of his passport and other personal documents by a friend, Lee hatched a plan to pretend to be a lost fisherman in the hope that the Police Coast Guard would rescue him and take him back to Singapore. On 5 February 2008, he paid a boatman to transport him out to sea in a motorised sampan. As he did not see any coast guard or navy patrols he disembarked on Pedra Branca and was arrested by staff stationed there. Lee pleaded guilty to illegally entering Singapore via an unauthorised landing place. A second charge of being found in a protected place without permission was taken into consideration for sentencing purposes. In mitigation, Lee's pro bono lawyer said that there was no sign on Pedra Branca's warning against trespassing on the island. Lee was sentenced to six weeks' imprisonment.[54]

Speaking at the Singapore Energy Conference on 4 November 2008, Minister Mentor Lee Kuan Yew mentioned that the Singapore Government had considered reclaiming land and building a nuclear power plant on Pedra Branca. Such a plant could not be built on the main island of Singapore as international standards require a safety zone of 30 kilometres (19 mi) around the plant. However, it was recognised that this was probably not feasible as Pedra Branca is less than 30 kilometres from the Malaysian coast.[55]

On 5 July 2021, the Singapore Government announced plans to proceed with reclamation around Pedra Branca to improve maritime safety, and search and rescue (SAR) efforts in the surrounding waters.[2] The works, scheduled to begin at the end of 2021, would expand Pedra Branca to 7 hectares from the existing 0.86 hectares today, and be carried out by the Housing and Development Board, a statutory board of the Ministry of National Development.[56] New facilities planned for the island include berthing areas for ships to dock and logistical, administrative and communications buildings.[57]

Territorial dispute

Main article: Pedra Branca dispute

International Court of Justice case

On 21 December 1979, the Director of National Mapping of Malaysia published a map entitled Territorial Waters and Continental Shelf Boundaries of Malaysia showing Pedra Branca to be within its territorial waters. Singapore rejected this claim in a diplomatic note of 14 February 1980 and asked for the map to be corrected. The dispute was not resolved by an exchange of correspondence and intergovernmental talks in 1993 and 1994. In the first round of talks in February 1993 the issue of sovereignty over Middle Rocks and South Ledge was also raised. Malaysia and Singapore, therefore, agreed to submit the dispute to the International Court of Justice (ICJ), signing a Special Agreement for this purpose in February 2003 and notifying the Court of it in July 2003.[58] The case was heard at the Peace Palace in The Hague between 6 and 23 November 2007.[59]

The ICJ delivered its judgment on 23 May 2008. It held that although Pedra Branca had originally been under the sovereignty of Johor, the conduct of Singapore and its predecessors à titre de souverain (with the title of a sovereign) and the failure of Malaysia and its predecessors to respond to such conduct showed that by 1980, when the dispute between the parties arose, sovereignty over the island had passed to Singapore. The relevant conduct on the part of Singapore and its predecessors included investigating marine accidents in the vicinity of the island, planning land reclamation works, installing naval communications equipment, and requiring Malaysian officials wishing to visit the island to obtain permits. In contrast, Johor and its successors had taken no action with respect to the island from June 1850 for a century or more. In 1953 the Acting Secretary of the State of Johor had stated that Johor did not claim ownership of Pedra Branca. All visits made to the island had been with Singapore's express permission, and maps published by Malaysia in the 1960s and 1970s indicated that it recognised Singapore's sovereignty over Pedra Branca.[60][61]

Like Pedra Branca, the Sultan of Johor held the original ancient title to Middle Rocks. As Singapore had not exercised any rights as a sovereign over Middle Rocks, the ICJ determined that Malaysia retained sovereignty over this maritime feature.[62] As for South Ledge, the ICJ noted that it fell within the apparently overlapping territorial waters of mainland Malaysia, Pedra Branca and Middle Rocks. As the Court had not been mandated to draw the line of delimitation with respect to the territorial waters of Malaysia and Singapore in the area in question, it simply held that sovereignty over South Ledge belonged to the state which owned the territorial waters in which it is located.[63]

Reactions to ICJ decision

Although both Malaysia and Singapore had agreed to respect and accept the ICJ's decision,[64] Malaysian Foreign Minister Rais Yatim later said his country had renewed its search for the letters written by Governor Butterworth to the Sultan and Temenggung of Johor seeking permission to build Horsburgh Lighthouse on Pedra Branca. He noted that the rules of the ICJ allowed a case to be reviewed within ten years if new evidence was adduced.[65] In response, Singapore's Law Minister K. Shanmugam said that the city-state would wait to see what new evidence the Malaysian government could come up with.[66]

A week after the delivery of the ICJ's judgment, the Foreign Ministry of Malaysia asked the Malaysian media to cease using the Malay word Pulau ("Island") for Pedra Branca and to refer to it as "Batu Puteh" or "Pedra Branca".[67] On 21 July 2008, in response to questions from Singapore Members of Parliament about Pedra Branca, the Senior Minister of State for Foreign Affairs Balaji Sadasivan stated that the maritime territory around the island included a territorial sea of up to 12 nautical miles (22 km; 14 mi) and an Exclusive Economic Zone. This was condemned by Malaysia's Foreign Minister Rais Yatim as "against the spirit of Asean and the legal structure" as the claim was "unacceptable and unreasonable and contradicts the principles of international law".[68] In response, a Singapore Ministry of Foreign Affairs spokesman said that Singapore first stated its claim to a territorial sea and Exclusive Economic Zone on 15 September 1980, and reiterated this claim on 23 May 2008 following the ICJ's judgment. Both statements had made clear that if the limits of Singapore's territorial sea or Exclusive Economic Zone overlapped with the claims of neighbouring countries, Singapore would negotiate with those countries to arrive at agreed delimitations in accordance with international law.[69] In August 2008, Rais said Malaysia took the view that Singapore was not entitled to claim an Exclusive Economic Zone around Pedra Branca as it considered that the maritime feature did not meet internationally recognised criteria for an island, that is, land inhabited by humans that had economic activity.[5]

At the National Day Awards in August 2008, Singapore announced that awards would be conferred on a number of people and organisations for their special contributions towards the Pedra Branca case. Chief Justice Chan Sek Keong; Tommy Koh, Ambassador-at-Large; and Justice Chao Hick Tin, then Attorney-General of Singapore, who appeared as counsel and advocates for Singapore, would respectively be awarded the Darjah Utama Temasek (Order of Temasek) (Second Class), the Darjah Utama Nila Utama (Order of Nila Utama) (First Class), and the Darjah Utama Bakti Cemerlang (Distinguished Service Order). The Pingat Jasa Gemilang (Meritorius Service Medal) would be conferred on Sivakant Tiwari s/o Thakurprasad Tiwari, Special Consultant to the International Affairs Division of the Attorney-General's Chambers. Twenty-two people from the Attorney-General's Chambers, Maritime and Port Authority of Singapore, Ministry of Defence, Ministry of Foreign Affairs, National Archives of Singapore, National Library Board, National University of Singapore and Supreme Court of Singapore would receive the Pingat Pentadbiran Awam (Public Administration Medal), the Pingat Kepujian (Commendation Medal) and the Pingat Berkebolehan (Efficiency Medal). The President's Certificate of Commendation would be issued to the Coastal Command (COSCOM), Republic of Singapore Navy; the Police Coast Guard, Singapore Police Force; the Centre for Heritage Services, Ministry of Defence; the National Archives of Singapore; and the Hydrographic Department, Maritime and Port Authority of Singapore.[70] The awards were presented on 17 November 2008.[71]

Resolution of outstanding issues

Malaysia and Singapore have established what they have named the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks and to determine the ownership of South Ledge.[72] Following a meeting on 3 June 2008, the Committee agreed that a technical sub-committee would be established to oversee the conduct of joint survey works to prepare the way for talks on maritime issues in and around the area. If any incident occurred in and around the waters of Pedra Branca, Middle Rocks and South Ledge, either side would provide humanitarian assistance to the vessels involved. Finally, both Malaysian and Singaporean fishermen could continue traditional fishing activities in those waters.[73] In September 2008, the Joint Technical Committee reported that its Sub-Committee on Joint Survey Works was finalising technical preparations for a hydrographic survey that would provide data for future delimitation discussions. A Sub-Committee on Maritime and Airspace Management and Fisheries had also been formed, and after a meeting on 20 August 2008 it decided that traditional fishing activities by both countries should continue in waters beyond 0.5 nautical miles (0.9 km; 0.6 mi) off Pedra Branca, Middle Rocks and South Ledge.[74]

Malaysian application for review and withdrawal

On 2 February 2017, Malaysia applied to the ICJ pursuant to Article 61 of the Statute of the ICJ for the revision of the 2008 judgment[75] on the basis of three documents it had obtained from The National Archives of the UK between August 2016 and January 2017. The documents were internal correspondence of Singapore's colonial government in 1958, an incident report submitted by a British naval officer in the same year, and a 1960s map of naval operations bearing annotations. The Malaysian Government said that these documents indicated that "officials at the highest levels in the British colonial and Singaporean administration appreciated that Pedra Branca/Pulau Batu Puteh did not form part of Singapore’s sovereign territory" during the relevant period.[76] However, according to Shahriman Lockman, a senior analyst at Malaysia's Institute of Strategic and International Studies, "there’s very little precedent for revisions to ICJ judgments". Reports suggest that the timing of the application coincides with the upcoming elections in Malaysia, as the ruling Barisan Nasional Coalition, which is currently under pressure over the IMDB scandal, could "use the renewed legal fight over Pedra Branca as a means to show it was 'best placed to display strong leadership in the country's foreign policy so as to safeguard Malaysia's sovereignty'".[77]

Singapore's Foreign Ministry said that a team including Attorney-General Lucien Wong, and Chan Sek Keong, S. Jayakumar and Tommy Koh (who had represented Singapore at the original ICJ hearing), had been appointed to study and respond to the claim. On 5 February 2017, Law and Home Affairs Minister K. Shanmugam commented that on a cursory examination of the documents without detailed legal advice, he did not see how the documents would make any difference to the ICJ's judgment.[78]

On 30 Jun 2017, Malaysia applied to the ICJ to request an interpretation of the ICJ's 2008 judgment. This application is "separate and autonomous" from the 2 Feb application for the revision of the same judgment. The application invokes Article 60 of the Statute of the Court and Article 98 of the Rules of the Court.[79][80] According to Malaysian Attorney-General Mohamed Apandi Ali, Malaysia and Singapore set up a Joint Technical Committee (JTC) for the implementation of the 2008 ICJ judgment. According to Malaysia, the JTC reached an impasse in November 2013, as both parties had been unable to agree over the meaning of the 2008 judgement as it concerns the South Ledge and the waters surrounding Pedra Branca.[81] Explaining Malaysia's position, Malaysian Attorney-General Apandi said: "Malaysia considers that it is necessary to request an interpretation of the 2008 judgement from the ICJ as it would serve as a basis for the maintenance of orderly and peaceful relations between the parties in the management of their respective maritime zones and airspace in the future".[82]

Singapore's Ministry of Foreign Affairs (MFA) noted in a press statement that ICJ's judgement was "final and without appeal", as well as "clear and unambiguous". As a result, MFA said: "Malaysia's request for the ICJ to interpret the judgement is puzzling. Singapore will therefore oppose Malaysia's application for interpretation, which we consider to be both unnecessary and without merit".[83]

On 28 May 2018, the Malaysian government withdrew both its applications for revision and interpretation of the 2008 judgment, a move which was welcomed by Singapore's MFA, thereby discontinuing both cases before ICJ.[84][85] Furthermore, the Statute of the International Court of Justice only allows an application for revision to be made within 10 years after the 23 May 2008 judgement, which means further applications for revision are no longer possible.[86] On 25 June 2019, Malaysia's Prime Minister Mahathir Mohamad reiterated Malaysia's acceptance of the ruling, citing it as an example of how ASEAN member states have worked together based on mutual respect.[87]

See also

Notes

  1. ^ For the history, historical cartography, and toponymy of Pedra Branca, cf. Ong, Brenda Man Qing, and Francesco Perono Cacciafoco. (2022). Pedra Branca off Singapore: A Historical Cartographic Analysis of a Post-Colonial Territorially Disputed Island. Histories, 2, 1: 47-67, Paper, DOI: https://doi.org/10.3390/histories2010005.
  2. ^ a b "Development Works at Pedra Branca to Enhance Maritime Safety and Security". www.mnd.gov.sg. Retrieved 12 July 2021.
  3. ^ a b c Julian Davison (July 2008), (PDF), The Expat, p. 86, archived from the original (PDF) on 1 October 2008.
  4. ^ See, for instance, Puad Ibrahim (28 May 2008), , Berita Harian, archived from the original on 21 February 2009, retrieved 29 August 2008.
  5. ^ a b "KL: 'Pulau' no more as Pedra Branca not an island", The Straits Times, 22 August 2008. See also , The Straits Times, 21 August 2008, archived from the original on 28 August 2008; Su Jun Xiang (22 August 2008), "Between a rock and a hard place", The Straits Times.
  6. ^ English Language Department, Beijing Institute of Foreign Languages (1978), "礁 jiāo", in Wu Jingrong (ed.), A Chinese–English Dictionary, Beijing: Commercial Press, p. 340.
  7. ^ Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (PDF), International Court of Justice, 23 May 2008, archived from the original (PDF) on 5 April 2016, retrieved 26 May 2008, para. 16.
  8. ^ May Wong (6 November 2007), Background on Pedra Branca, Channel NewsAsia, from the original on 7 November 2007, retrieved 8 November 2007.
  9. ^ By the Protected Places (No. 4) Order 2002 (S 305/2002), which came into effect on 27 June 2002, Pedra Branca was declared a "protected area" within the meaning of the Protected Areas and Protected Places Act (Cap. 256, 1985 Rev. Ed.). In the Schedule to the Order, it was described as "[t]he island occupied by 'PORT OF SINGAPORE (HORSBURGH LIGHTHOUSE)' containing an area of approximately 8,650 square metres. The easternmost point is approximately along the bearing 73° 51′ for 97 metres from the centre of the lighthouse, Latitude 1° 19′ 48.8″ N and Longitude 104° 21′ 20.6″ E (WGS 84 datum) approximately".
  10. ^ Pedra Branca case, para. 18.
  11. ^ Pedra Branca case, para. 282.
  12. ^ Jan Huyghen van Linschoten (1596), , Amsterdam: [s.n.], archived from the original on 9 February 2008 (in Dutch).
  13. ^ a b Davison, p. 88.
  14. ^ Jan Huyghen van Linschoten; William Phillip, transl. (1598), Iohn Huighen van Linschoten. His Discours of Voyages into ye Easte & West Indies. Devided into Foure Bookes. (Translated out of Dutch into English by W[illiam] P[hillip]), London: By [John Windet for] Iohn Wolfe printer to ye Honorable Cittie of London.
  15. ^ Pedra Branca case, para. 68.
  16. ^ Pedra Branca case, paras. 54–56.
  17. ^ Pedra Branca case, paras. 71, 74–75.
  18. ^ Pedra Branca case, para. 98.
  19. ^ Pedra Branca case, para. 100.
  20. ^ Significant Scots: James Horsburgh, Electric Scotland, from the original on 30 May 2013, retrieved 7 November 2007.
  21. ^ James Horsburgh (1809–1811), Directions for Sailing to and from the East Indies, China, New Holland, Cape of Good Hope, and the Interjacent Ports, London: Printed for the author.
  22. ^ Pedra Branca case, para. 126; Davison, p. 89.
  23. ^ a b c Pedra Branca case, para. 128.
  24. ^ Pedra Branca case, para. 136.
  25. ^ Pedra Branca case, paras. 131 and 145.
  26. ^ a b Davison, p. 93
  27. ^ a b Pedra Branca case, para. 146.
  28. ^ Vernon Cornelius-Takahama (27 January 2000), , Singapore Infopedia, National Library Board, archived from the original on 8 June 2008, retrieved 1 September 2008; Harold Stephens, , Traveller Magazine (reproduced on the Wolfenden Publishing website), archived from the original on 15 June 2008, retrieved 31 August 2008.
  29. ^ Pedra Branca case, para. 147.
  30. ^ Pedra Branca case, para. 148.
  31. ^ Davison, p. 90.
  32. ^ a b Pedra Branca case, para. 151.
  33. ^ Pedra Branca case, para. 153.
  34. ^ Pedra Branca case, para. 152.
  35. ^ Pedra Branca case, para. 154; Davison, p. 92.
  36. ^ Pedra Branca case, paras. 152 and 159.
  37. ^ a b Davison, p. 94.
  38. ^ Pedra Branca case, para. 159.
  39. ^ Pedra Branca case, para. 171.
  40. ^ Pedra Branca case, para. 178.
  41. ^ Pedra Branca case, para. 102.
  42. ^ Pedra Branca case, para. 192.
  43. ^ Pedra Branca case, para. 196.
  44. ^ Pedra Branca case, para. 223.
  45. ^ Pedra Branca case, para. 265.
  46. ^ Pedra Branca case, para. 269.
  47. ^ a b Pedra Branca case, para. 249.
  48. ^ Pedra Branca case, para. 247.
  49. ^ Lydia Lim (13 November 2007), "Why Singapore is fighting the case to keep Pedra Branca", The Straits Times (reproduced on the Malaysian Bar website), from the original on 10 June 2011, retrieved 8 October 2009.
  50. ^ Zakir Hussain (20 December 2008), "Pedra Branca: Behind the scenes: Pedra Branca was in the spotlight last year when the International Court of Justice in The Hague heard Singapore and Malaysia make their case for the island. A new book by Deputy Prime Minister S. Jayakumar and Ambassador-at-Large Tommy Koh, who played key roles in the case, sheds light on previously undisclosed facets of the case", The Straits Times, pp. A10–A11.
  51. ^ Protected Areas and Protected Places Act (Cap. 256, 1985 Rev. Ed.): see the Protected Places (No. 4) Order 2002 (S 305/2002).
  52. ^ Protected Places (No. 4) Order 2002, para. 2.
  53. ^ Under s. 7 read with s. 5(1) of the Protected Areas and Protected Places Act, unauthorized presence on the premises is punishable on conviction with a fine of S$1,000 or imprisonment for a term of 2 years or both.
  54. ^ Teh Joo Lin (7 October 2008), "Jailed for landing on Pedra Branca: Man tries to return to S'pore after 10 years away, but trespasses on off-limits island instead", The Straits Times (Home) (reproduced on the Malaysian Bar website), p. B1, from the original on 14 February 2009, retrieved 7 October 2008; Teo Xuanwei (7 October 2008), "Caught between a rock and a difficult place", Today, p. 6, archived from the original on 7 October 2008.
  55. ^ Minister Mentor Lee Kuan Yew was quoted as saying: "They say, okay, there's Horsburgh Lighthouse. It's more than 30km away. We reclaim land, plonk it there. But then it's less than 30km away from the Malaysian coast. They will be worried.": Kor Kian Beng (5 November 2008), , The Straits Times (Home) (reproduced on the Ministry of Foreign Affairs website), p. B7, archived from the original on 28 September 2011, retrieved 18 November 2008.
  56. ^ Tan, Audrey (5 July 2021). "Development works at Pedra Branca, including land reclamation, to begin later this year: MND". The Straits Times. Retrieved 5 July 2021.
  57. ^ Cheng, Kenneth (5 July 2021). "Singapore to reclaim land around Pedra Branca to build facilities to improve maritime safety and security". Today. Retrieved 5 July 2021.
  58. ^ Pedra Branca case, paras. 30 and 31.
  59. ^ Pedra Branca case, para. 12.
  60. ^ Pedra Branca case, paras. 274–277. See also , International Court of Justice, 23 May 2008, archived from the original on 27 May 2008, retrieved 25 May 2008; Court awards islet to Singapore, BBC News, 23 May 2008, from the original on 26 May 2008, retrieved 23 May 2008.
  61. ^ ICJ awards Pedra Branca's sovereignty to Singapore, Channel NewsAsia, 23 May 2008, from the original on 25 May 2008, retrieved 23 May 2008.
  62. ^ Pedra Branca case, paras. 289 and 290.
  63. ^ Pedra Branca case, paras. 297–299.
  64. ^ , The Star, 18 April 2008, archived from the original on 20 April 2008, retrieved 4 June 2008; ICJ's ruling on Pedra Branca to be delivered on May 23, Channel NewsAsia, 30 April 2008, from the original on 20 July 2008, retrieved 1 September 2008.
  65. ^ , The Star, 1 June 2008, archived from the original on 4 June 2008. Article 61(1) of the Statute of the International Court of Justice states: "An application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence." The application for revision must be made at the latest within six months of the discovery of the new fact, and no application for revision may be made after the lapse of ten years from the date of the judgment: Articles 61(4) and (5). See , International Court of Justice, archived from the original on 29 June 2011, retrieved 1 September 2008.
  66. ^ S'pore will wait to see what new evidence M'sia can produce over Pedra Branca, Channel NewsAsia, 4 June 2008, from the original on 9 January 2009, retrieved 4 June 2008.
  67. ^ Lydia Lim (31 May 2008), (PDF), The Straits Times, archived from the original (PDF) on 28 October 2008 (archived by WebCite at ).
  68. ^ , Straitstimes.com, July 2008, archived from the original on 29 August 2008, retrieved 1 September 2008. See also Carolyn Hong (25 July 2008), "Choppy waters around Pedra Branca again: Singapore's remark on setting up Exclusive Economic Zone sparks Malaysian media frenzy", The Straits Times (reproduced on the Ministry of Foreign Affairs website), archived from the original on 18 May 2012.
  69. ^ , Ministry of Foreign Affairs, 25 July 2008, archived from the original on 14 February 2009, retrieved 1 September 2008. See also Ministry of Foreign Affairs press statement: International Court of Justice awards sovereignty of Pedra Branca to Singapore, 23 May 2008, SPRInter, Government of Singapore, 23 May 2008, retrieved 1 September 2008[permanent dead link]; Valerie Tan (23 May 2008), MFA says ICJ's judgement on Pedra Branca brings closure, Channel NewsAsia, from the original on 28 September 2008, retrieved 1 September 2008; , Ministry of Foreign Affairs, 21 July 2008, archived from the original on 14 February 2009, retrieved 1 September 2008.
  70. ^ , The Straits Times, 11 August 2008, archived from the original on 9 March 2012; , Prime Minister's Office, 14 August 2008, archived from the original on 2 September 2008, retrieved 3 September 2008.
  71. ^ "Pedra Branca team gets N-Day awards", The Straits Times (reproduced on Singapore Law Watch), 18 November 2008[permanent dead link][dead link].
  72. ^ ICJ awards Pedra Branca's sovereignty to Singapore, Channel NewsAsia, 23 May 2008, from the original on 25 May 2008, retrieved 23 May 2008; Li Xueying (24 May 2008), , The Straits Times (reproduced on the Malaysian Bar website), archived from the original on 24 January 2016, retrieved 6 October 2008. See also "S'pore, M'sia grapple with UN court decision", The Straits Times (reproduced on AsiaOne), 26 May 2008, from the original on 30 May 2008, retrieved 6 October 2008.
  73. ^ Zakir Hussain (7 June 2008), , The Straits Times (reproduced on the Ministry of Foreign Affairs website), archived from the original on 18 February 2012.
  74. ^ Goh Chin Lian (2 September 2008), "Pedra Branca: New joint panel formed", The Straits Times (reproduced on AsiaOne), p. B2, from the original on 15 February 2009, retrieved 6 October 2008; "Traditional fishing can go on", Today, p. 8, 2 September 2008, archived from the original on 1 October 2008.
  75. ^ , The Star, 4 February 2017, archived from the original on 7 February 2017.
  76. ^ , Today, 4 February 2017, archived from the original on 4 February 2017.
  77. ^ Jaipragas, Bhavan (11 February 2017). "Why Malaysia is fighting Singapore over a rock". South China Morning Post. from the original on 25 May 2019. Retrieved 25 May 2019.
  78. ^ , Today, 6 February 2017, archived from the original on 5 February 2017.
  79. ^ . Archived from the original on 15 July 2017.
  80. ^ . Archived from the original on 14 August 2017.
  81. ^ "Malaysia files new application to ICJ on Pedra Branca ruling; Singapore says it's 'without merit'". CNA. 2 July 2017. from the original on 25 May 2019. Retrieved 25 May 2019.
  82. ^ Reduan, Hidir (4 June 2017). "M'sia files fresh legal bid over Pulau Batu Puteh / Pedra Branca ownership". New Straits Times. from the original on 23 August 2017. Retrieved 25 May 2019.
  83. ^ "Malaysia files new application to ICJ on Pedra Branca ruling; Singapore says it's 'without merit'". CNA. from the original on 25 May 2019. Retrieved 25 May 2019.
  84. ^ "Latest developments | Application for revision of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (Malaysia v. Singapore) | International Court of Justice". www.icj-cij.org. from the original on 27 August 2019. Retrieved 10 November 2019.
  85. ^ "Latest developments | Request for Interpretation of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (Malaysia v. Singapore) | International Court of Justice". www.icj-cij.org. from the original on 26 January 2020. Retrieved 10 November 2019.
  86. ^ Royston, Sim (30 May 2018). "Malaysia withdraws Pedra Branca case; Singapore 'happy to agree', says Vivian Balakrishnan". The Straits Times. from the original on 4 July 2018. Retrieved 25 May 2019.
  87. ^ "Malaysia accepts international court ruling on Pedra Branca, says PM Mahathir". CNA. from the original on 10 November 2019. Retrieved 10 November 2019.

References

  • Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (PDF), International Court of Justice, 23 May 2008, archived from the original (PDF) on 5 April 2016, retrieved 26 May 2008.
  • Davison, Julian (July 2008), (PDF), The Expat, p. 86, archived from the original (PDF) on 1 October 2008.

Further reading

  • Ong, Brenda Man Qing, and Francesco Perono Cacciafoco. (2022). Pedra Branca off Singapore: A Historical Cartographic Analysis of a Post-Colonial Territorially Disputed Island. Histories, 2, 1: 47-67, Paper, DOI: https://doi.org/10.3390/histories2010005.

Articles

Books

News reports

  • I Made Andi Arsana (24 June 2008), "Singapore gets Pedra Branca: What's next?", The Jakarta Post.
  • Majawat, Evangeline (24 July 2008), , New Straits Times, archived from the original on 30 July 2008.
  • Zakir Hussain (20 December 2008), "Pedra Branca story told in a book: Jayakumar and Tommy Koh give behind-the-scenes account of 30-year saga", The Straits Times, p. A4.
  • Teo Xuanwei (20–21 December 2008), , Today, pp. 1 and 6, archived from the original on 20 December 2008.

External links

  • , International Court of Justice, archived from the original on 27 May 2008, retrieved 31 August 2008.
  • , Ministry of Foreign Affairs, Singapore, 2007, archived from the original on 7 November 2007.
  • , Ministry of Foreign Affairs, Malaysia, archived from the original on 6 July 2008, retrieved 31 August 2008 .
  • Horsburgh light, Lighthouse Depot, retrieved 31 August 2008.

Images

 
Wikimedia Commons has media related to Pedra Branca.
  • Pedra Branca, Singapore – an aerial photograph from Flickr
  • Satellite image of the island from Google Maps

March 11, 2023
pedra, branca, singapore, pedra, branca, portuguese, pronunciation, pɛðɾɐ, βɾɐ, outlying, island, easternmost, point, singapore, name, island, refers, whitish, guano, deposited, rock, island, consists, small, outcrop, granite, rocks, with, area, about, square,. Pedra Branca Portuguese pronunciation pɛdɾɐ bɾɐ kɐ is an outlying island and the easternmost point of Singapore 1 The name of the island refers to whitish guano deposited on the rock The island consists of a small outcrop of granite rocks with an area of about 8 560 square metres 92 100 sq ft at low tide During the low water spring tide it measures at its longest 137 metres 449 ft and has an average width of 60 metres 200 ft Pedra Branca is situated at 1 19 48 N 104 24 27 E 1 33000 N 104 40750 E 1 33000 104 40750 where the Singapore Strait meets the South China Sea Pedra BrancaPedra Branca and Horsburgh LighthouseLocation of Pedra BrancaGeographyCoordinates01 19 49 N 104 24 21 E 1 33028 N 104 40583 E 1 33028 104 40583 Coordinates 01 19 49 N 104 24 21 E 1 33028 N 104 40583 E 1 33028 104 40583Administration SingaporeRegionEast RegionCDCSouth East CDCTown councilEast Coast Fengshan Town CouncilConstituencyEast Coast GRCThere are two maritime features near Pedra Branca Middle Rocks under the sovereignty of Malaysia consists of two clusters of small rocks about 250 metres 820 ft apart situated 0 6 nautical miles 1 1 km 0 7 mi south of Pedra Branca South Ledge which is 2 2 nautical miles 4 1 km 2 5 mi to the south south west of Pedra Branca is a rock formation visible only at low tide Pedra Branca was known to sailors for centuries It was originally within the territory of the Johor Sultanate which was founded in 1528 and remained under the new Sultanate of Johor while under the British sphere of influence following the signing of the Anglo Dutch Treaty of 1824 between the United Kingdom and the Netherlands Between 1850 and 1851 the British built Horsburgh Lighthouse on the island without seeking the consent of the Johor authorities or informing them of the decision From that time the Straits Settlements administered the island Singapore then assumed responsibility in 1946 after the dissolution of the Straits Settlements On 21 September 1953 the Acting State Secretary of Johor responding to a query from the Colonial Secretary of Singapore about the status of the island stated that the Johore Government does not claim ownership of Pedra Branca On 21 December 1979 Malaysia published a map that showed the island to be within its territorial waters This ignited a 29 year territorial dispute which together with the issue of sovereignty over the nearby maritime features of Middle Rocks and South Ledge the disputants presented to the International Court of Justice ICJ for resolution On 23 May 2008 the ICJ ruled that Pedra Branca was under Singapore s sovereignty At this point the ICJ also noted Singapore s plans to conduct reclamation at Pedra Branca 2 Although the island had originally been under the sovereignty of the Johor Sultanate the United Kingdom and Singapore had carried out various acts of sovereignty in respect of the island The failure of Malaysia and its predecessors to respond to these acts and other actions that demonstrated their acknowledgment of Singapore s sovereignty over the island meant that Singapore had gained sovereignty over Pedra Branca On the other hand Middle Rocks remain part of Malaysian territory as Singapore had not manifested any acts of sovereignty in respect to it The Court did not rule definitively on the remaining outcrop South Ledge declaring that it belonged to the state in the territorial waters of which it is located Malaysia and Singapore have established the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks and to determine the ownership of South Ledge On 1 February 2019 Pedra Branca was added to East Coast GRC for the Parliament of Singapore Contents 1 Etymology 2 Geography 3 History 3 1 1840s to 1851 Construction of Horsburgh Lighthouse 3 2 1852 to the 1970s 4 Present 5 Territorial dispute 5 1 International Court of Justice case 5 2 Reactions to ICJ decision 5 3 Resolution of outstanding issues 5 4 Malaysian application for review and withdrawal 6 See also 7 Notes 8 References 9 Further reading 9 1 Articles 9 2 Books 9 3 News reports 10 External links 10 1 ImagesEtymology EditPedra Branca means white rock in Portuguese and refers to whitish guano bird droppings deposited on the rock by the black naped tern which used the island as a nesting ground 3 This name is used by both the English language and Malay language press in Singapore 4 Malaysia formerly referred to the island as Pulau Batu Puteh which means white rock island in Malay but the Government of Malaysia subsequently decided to drop the word Pulau Island In August 2008 Foreign Minister Rais Yatim said Malaysia considered that the maritime feature did not meet internationally recognised criteria for an island that is land inhabited by humans that had economic activity 5 The island is known in Mandarin as Baijiao Chinese 白礁 pinyin baijiao 3 which means white reef 6 The Tamil name is ப ட ர ப ர ங க a transliteration of Pedra Branca Geography Edit The approximate location of Pedra Branca in the South China Sea in relation to the countries surrounding it Pedra Branca located at 1 19 48 N and 104 24 27 E is an island with an area of about 8 560 square metres 92 100 sq ft at low tide During the low water spring tide it measures at its longest a mere 137 metres 449 ft and has an average width of 60 metres 200 ft It is approximately 24 nautical miles 44 km 28 mi to the east of Singapore 7 7 nautical miles 14 3 km 8 9 mi south of Johor Malaysia and 7 6 nautical miles 14 1 km 8 7 mi north of Bintan Indonesia 7 8 9 There are two maritime features near Pedra Branca Middle Rocks which is under the sovereignty of Malaysia consists of two clusters of small rocks about 250 metres 820 ft apart situated 0 6 nautical miles 1 1 km 0 7 mi south of the island They stand 0 6 metres 2 0 ft to 1 2 metres 3 9 ft permanently above water South Ledge on the other hand is a rock formation visible only at low tide It is 2 2 nautical miles 4 1 km 2 5 mi to the south south west of Pedra Branca 10 Its ownership has yet to be definitively determined by Malaysia and Singapore Rock samples from Pedra Branca Middle Rocks and South Ledge show they are all composed of a light coarse grained biotite granite Therefore from a geomorphological standpoint the three maritime features belong to the same rock body 11 History Edit A replica of Long Ya Men at the Labrador Nature Reserve put up in 2005 as part of the Singapore Zheng He s 600th Anniversary Celebrations Detail of a 1620 Map of Sumatra by Hessel Gerritz a cartographer with the Hydrographic Service of the Dutch East India Company The location of the island of Pedrablanca Pedra Branca is marked Pedra Branca was known to sailors for centuries Part of the Chinese sailing instructions for the South China Sea based on information compiled by Admiral Zheng He 1371 1433 advised a navigator that after departing Long Ya Men Mandarin for Dragon s Teeth Gate a rocky outcrop at the gateway to what is now Keppel Harbour in Singapore he should steer a course of between 75 and 90 for five watches until his vessel reached Baijiao 3 Pedra Branca was also mentioned in Dutch voyager Jan Huyghen van Linschoten s Itinerario Itinerary 12 an account of his voyages in the Portuguese East Indies After the publication of the work in 1596 the island began appearing regularly on European maps of the Far East 13 The 1598 English edition of the work stated 14 From the Cape of Singapura to the hook named Sinosura to the east are 18 miles 6 or 7 miles from there lies a cliffe in the sea called Pedra Branque or White Rock where the shippes that come and goe from China doe oftentymes passe in greate danger and some are left upon it whereby the Pilots when they come thither are in greate feare for other way than this they have not 13 Pedra Branca was originally within the territory of the Johor Riau Sultanate 15 which was founded in 1528 by Sultan Alauddin Riayat Shah II the son of Sultan Mahmud Shah of the Malacca Sultanate In the mid 17th century the Dutch Governor of Malacca wrote to the Dutch East India Company asking it to send two boats to the Straits of Singapore to cruise to the south of Singapore Straits under the Hook of Barbukit and in the vicinity of Pedra Branca to stop Chinese traders from entering Johor River The plan was put into force and two Chinese junks were captured in the Straits and diverted to Malacca However this action provoked a protest from the Sultan of Johor which showed that the Sultan regarded the junks seizure as an infringement of his sovereignty in the area Three letters written in 1824 to the Government of India by the British Resident in Singapore John Crawfurd also confirm it was his understanding that all the islands in the region of the Straits of Singapore came under the Johor Sultanate 16 Thomas and William Daniell s etching of Pedra Branca before the building of Horsburgh Lighthouse c 1820 In addition other 19th century documents show that the Sultan of Johor exercised authority over the Orang Laut sea people who inhabited the maritime areas of the Straits of Singapore and visited Pedra Branca One of these was a letter of November 1850 by John Turnbull Thomson the Government Surveyor of Singapore which reported on the need to exclude the Orang Laut from Pedra Branca where Horsburgh Lighthouse was being built Calling them a half fishing half piratical sect Thomson noted that they frequently visit the rock so their visits should never be encouraged nor any trust put in them In the straits and islets of the neighbouring shores and islands many lives are taken by these people 17 On 17 March 1824 the United Kingdom and the Netherlands signed the Anglo Dutch Treaty of 1824 It divided the old Johor Sultanate into two new Sultanates the new Sultanate of Johor which would be under the British sphere of influence and the Sultanate of Riau Lingga under Dutch influence 18 Under Article XII of the Treaty Britain agreed that no British Establishment shall be made on the Carimon Isles or on the Island of Bantam Bintang Lingin or on any of the other Islands South of the Straits of Singapore The islands and islets within the Straits fell within the British sphere of influence This included Pedra Branca which thus remained part of the territorial domain of the new Johor Sultanate 19 1840s to 1851 Construction of Horsburgh Lighthouse Edit Horsburgh Lighthouse a painting by John Turnbull Thomson 1821 1884 showing the island of Pedra Branca just after the completion of the lighthouse in 1851 which he designed Captain James Horsburgh 20 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 21 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 22 By 1844 preference had been expressed for Romania Outer Island or Peak Rock 23 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 indicate that the Sultan and Temenggung favoured the proposal In particular the Temenggung wrote that the East India company are at full liberty to put up a Light House there or any spot deemed eligible 23 Three days later on 28 November 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 t 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 23 Although this was apparently the Governor s understanding of the situation he did not communicate it to the Sultan and Temenggung 24 It is unclear whether the correspondence was limited to Peak Rock or extended to other potential sites for the lighthouse such as Pedra Branca and whether the sovereignty of Johor over any place chosen for the lighthouse was ceded to the British Government or only a permission to build maintain and operate a lighthouse was granted 25 A sketch by Thomson showing Chinese stonecutters from the Kay tribe that is of Hakka origin at work in a quarry on Pulau Ubin an island off the northeast coast of Singapore which supplied granite for the lighthouse on Pedra Branca 26 On 22 August 1845 Governor Butterworth wrote again to the Government of India indicating he trusted that construction of the lighthouse on Peak Rock would begin soon as a light in that quarters is becoming daily of more paramount importance 27 Between 1824 and 1851 at least 16 sizeable vessels were wrecked in the vicinity of Pedra Branca and Point Romania on the Johor coast 27 28 However in April 1846 the Lords of the Admiralty in London informed the Court of Directors of the East India Company they were inclined to think that Pedra Branca was the best point for the lighthouse John Thomson and Captain S Congalton commander of the East India Company s steamer called the Hooghly carried out surveys in May and August In a report dated 25 August they said they were decidedly of opinion that Pedra Branca is the only proper position for a Light to be placed for the safety of Shipping whether entering or departing for the Straits of Singapore The following day Governor Butterworth wrote to the Government of India stating that the Government will at once perceive that Pedra Branca is the only true position for the lighthouse On 30 October 1846 the President in Council in India approved Pedra Branca as the site for the lighthouse The East India Company gave its approval on 24 February 1847 and on 10 May of that year the Government of India asked Governor Butterworth to take measures for the construction of the lighthouse 29 There is no evidence that the authorities in Singapore thought it necessary or desirable to inform the Johor authorities of the decision about the siting of the lighthouse or to seek any consent for its erection 30 Although the private subscribers wishing to commemorate Horsburgh had raised a sum which with compound interest came up to more than 7 400 Spanish dollars when it was paid over to the Singapore authorities 31 there was still a shortfall of funds for the building works Thus the Government of India in agreement with the East India Company authorised Governor Butterworth to prepare a law imposing a duty on vessels entering Singapore and asked him to take immediate measures to begin constructing the lighthouse 32 The Light Dues Act 1852 was duly enacted by the Governor General of India in Council on 30 January 1852 33 Thomson appointed by the Governor as the architect for the project took charge of planning and supervising the construction of Horsburgh Lighthouse 32 Construction work began in late March or early April 1850 34 On Queen Victoria s birthday 24 May 1850 the foundation stone was laid at a ceremony conducted by members of the newly founded Masonic Lodge Zetland in the East No 749 and attended by the Governor the commander of the Singapore garrison a rear admiral and several foreign consuls 35 The construction of the lighthouse then continued till 21 October and resumed after the monsoon in April 1851 Up to 50 workmen were involved including Chinese carpenters and stonemasons and their Malay assistants Indian quarrymen and convict labourers a cook and his assistant and six lascars to defend the island from attack by pirates The pirates of the South China Sea were notorious during the construction of Horsburgh Lighthouse nine Chinese labourers were killed in pirate raids 26 Building materials and supplies were brought by the Hooghly supported by two gunboats and two lighters Unless he was required elsewhere Thomson stayed on the island to supervise the works 36 The ceremonial first lighting of the lamp was arranged for 27 September 1851 again attended by the Governor Masons of the Zetland Lodge foreign dignitaries senior residents of Singapore and other notables the Singapore Free Press reported A simultaneous rising of the guests from the dinner table announced that the process of illumination had commenced Three hearty cheers welcomed the light the meteor like brilliancy of which will probably serve to guide the midnight path of the mariner for a thousand years to come 37 On 15 October the lighthouse was permanently turned on and Thomson finally departed Pedra Branca for Singapore on the Hooghly on 18 November 1851 38 1852 to the 1970s Edit The Light Dues Acts of 1852 and 1854 India declared that Horsburgh Lighthouse and its appurtenances were the property of and vested in the East India Company In 1867 the Straits Settlements of which Singapore was a part became a Crown Colony and by the Straits Settlements Light Houses Ordinance 1912 the lighthouse was vested in Singapore 39 After 1912 the duties levied on ships passing through the Singapore Strait were abolished instead the costs of the lighthouse were shared by the neighbouring states 40 In 1946 following World War II Singapore became a separate Crown Colony The other Straits Settlements Malacca and Penang joined the Malay states including Johor to form the Malayan Union The latter became the Federation of Malaya in 1948 and the Federation of Malaysia in 1963 On 17 June 1953 the Colonial Secretary of Singapore wrote to the British Adviser to the Sultan of Johor to clarify the status of Pedra Branca He noted that the rock was outside the limits ceded by Sultan Hussein Shah and the Temenggung with the island of Singapore under the Treaty of Friendship and Alliance of 2 August 1824 they had entered into with the East India Company 41 However the Colonial Government had been maintaining the lighthouse built on it and t his by international usage no doubt confers some rights and obligations on the Colony He therefore asked if there is any document showing a lease or grant of the rock or whether it has been ceded by the Government of the State of Johore or in any other way disposed of 42 The Acting State Secretary of Johor replied on 21 September that the Johore Government does not claim ownership of Pedra Branca 43 This correspondence indicated that as of 1953 Johor understood it did not have sovereignty over Pedra Branca which had therefore vested in the United Kingdom 44 The Colony of Singapore became a self governing state in 1959 and left the British Empire to join the Federation of Malaysia in 1963 Two years later in 1965 Singapore became a fully independent republic In 1959 in an official publication regarding meteorological information collected on Pedra Branca Malaya listed Horsburgh Lighthouse as a Singapore station together with the Sultan Shoal and Raffles Lighthouses The lighthouse on Pedra Branca was described in the same way in a joint Malaysian and Singaporean publication in 1966 the year after Singapore left the Federation In 1967 when the two countries began reporting meteorological information separately Malaysia ceased referring to Horsburgh Lighthouse 45 In maps published by the Malayan and Malaysian Surveyor General and Director of General Mapping in 1962 1965 1970 1974 and 1975 the island was indicated with the word SINGAPORE or SINGAPURA under it The same designation was used for an island that was unquestionably under Singapore s sovereignty On the other hand the designation was not used for Pulau Pisang an island under Malaysian sovereignty on which Singapore operated a lighthouse 46 Singapore replaced the original kerosene fired lamp of Horsburgh Lighthouse with automated navigational lights in the 1970s 37 In 1972 1973 1974 and 1978 the Port of Singapore Authority PSA considered the feasibility of carrying out reclamation of about 5 000 square metres 54 000 sq ft of land around Pedra Branca but did not go ahead with the project 47 On 30 May 1977 with the permission of the PSA the Republic of Singapore Navy installed a military rebroadcast station which it shared with the Republic of Singapore Air Force 48 Subsequently the PSA installed a helipad on the eastern half of the island and a communications tower for its Vessel Traffic Information System 47 for the 900 odd ships that pass daily through the south and middle channels which are the main shipping channels of the eastern part of the Singapore Strait 49 Present EditIn the 1980s Malaysian Marine Police boats entered the waters around Pedra Branca on several occasions However both Malaysia and Singapore acted with restraint the Singapore Navy having been given strict instructions not to escalate matters In 1989 the then Prime Minister of Malaysia Mahathir Mohamad made an unannounced visit to the vicinity of the island His boat was intercepted by Singapore naval vessels To avoid an international incident he directed his boat to leave 50 With effect from 27 June 2002 Pedra Branca was declared a protected area within the meaning of the Protected Areas and Protected Places Act 51 Consequently a permit from the Maritime and Port Authority of Singapore is required for access to the island 52 and unauthorised presence there is a criminal offence 53 On 6 October 2008 a Singaporean man Roger Lee was convicted of illegally landing on Pedra Branca In court documents he said he had gone to Batam Indonesia in 1998 He later married and started a family with an Indonesian woman but she left him in 2007 due to his unstable income and inability to hold down a job As he had illegally overstayed in Indonesia and had been cheated of his passport and other personal documents by a friend Lee hatched a plan to pretend to be a lost fisherman in the hope that the Police Coast Guard would rescue him and take him back to Singapore On 5 February 2008 he paid a boatman to transport him out to sea in a motorised sampan As he did not see any coast guard or navy patrols he disembarked on Pedra Branca and was arrested by staff stationed there Lee pleaded guilty to illegally entering Singapore via an unauthorised landing place A second charge of being found in a protected place without permission was taken into consideration for sentencing purposes In mitigation Lee s pro bono lawyer said that there was no sign on Pedra Branca s warning against trespassing on the island Lee was sentenced to six weeks imprisonment 54 Speaking at the Singapore Energy Conference on 4 November 2008 Minister Mentor Lee Kuan Yew mentioned that the Singapore Government had considered reclaiming land and building a nuclear power plant on Pedra Branca Such a plant could not be built on the main island of Singapore as international standards require a safety zone of 30 kilometres 19 mi around the plant However it was recognised that this was probably not feasible as Pedra Branca is less than 30 kilometres from the Malaysian coast 55 On 5 July 2021 the Singapore Government announced plans to proceed with reclamation around Pedra Branca to improve maritime safety and search and rescue SAR efforts in the surrounding waters 2 The works scheduled to begin at the end of 2021 would expand Pedra Branca to 7 hectares from the existing 0 86 hectares today and be carried out by the Housing and Development Board a statutory board of the Ministry of National Development 56 New facilities planned for the island include berthing areas for ships to dock and logistical administrative and communications buildings 57 Territorial dispute EditMain article Pedra Branca dispute International Court of Justice case Edit The Peace Palace in The Hague Netherlands the seat of the International Court of Justice On 21 December 1979 the Director of National Mapping of Malaysia published a map entitled Territorial Waters and Continental Shelf Boundaries of Malaysia showing Pedra Branca to be within its territorial waters Singapore rejected this claim in a diplomatic note of 14 February 1980 and asked for the map to be corrected The dispute was not resolved by an exchange of correspondence and intergovernmental talks in 1993 and 1994 In the first round of talks in February 1993 the issue of sovereignty over Middle Rocks and South Ledge was also raised Malaysia and Singapore therefore agreed to submit the dispute to the International Court of Justice ICJ signing a Special Agreement for this purpose in February 2003 and notifying the Court of it in July 2003 58 The case was heard at the Peace Palace in The Hague between 6 and 23 November 2007 59 The ICJ delivered its judgment on 23 May 2008 It held that although Pedra Branca had originally been under the sovereignty of Johor the conduct of Singapore and its predecessors a titre de souverain with the title of a sovereign and the failure of Malaysia and its predecessors to respond to such conduct showed that by 1980 when the dispute between the parties arose sovereignty over the island had passed to Singapore The relevant conduct on the part of Singapore and its predecessors included investigating marine accidents in the vicinity of the island planning land reclamation works installing naval communications equipment and requiring Malaysian officials wishing to visit the island to obtain permits In contrast Johor and its successors had taken no action with respect to the island from June 1850 for a century or more In 1953 the Acting Secretary of the State of Johor had stated that Johor did not claim ownership of Pedra Branca All visits made to the island had been with Singapore s express permission and maps published by Malaysia in the 1960s and 1970s indicated that it recognised Singapore s sovereignty over Pedra Branca 60 61 Like Pedra Branca the Sultan of Johor held the original ancient title to Middle Rocks As Singapore had not exercised any rights as a sovereign over Middle Rocks the ICJ determined that Malaysia retained sovereignty over this maritime feature 62 As for South Ledge the ICJ noted that it fell within the apparently overlapping territorial waters of mainland Malaysia Pedra Branca and Middle Rocks As the Court had not been mandated to draw the line of delimitation with respect to the territorial waters of Malaysia and Singapore in the area in question it simply held that sovereignty over South Ledge belonged to the state which owned the territorial waters in which it is located 63 Reactions to ICJ decision Edit Although both Malaysia and Singapore had agreed to respect and accept the ICJ s decision 64 Malaysian Foreign Minister Rais Yatim later said his country had renewed its search for the letters written by Governor Butterworth to the Sultan and Temenggung of Johor seeking permission to build Horsburgh Lighthouse on Pedra Branca He noted that the rules of the ICJ allowed a case to be reviewed within ten years if new evidence was adduced 65 In response Singapore s Law Minister K Shanmugam said that the city state would wait to see what new evidence the Malaysian government could come up with 66 A week after the delivery of the ICJ s judgment the Foreign Ministry of Malaysia asked the Malaysian media to cease using the Malay word Pulau Island for Pedra Branca and to refer to it as Batu Puteh or Pedra Branca 67 On 21 July 2008 in response to questions from Singapore Members of Parliament about Pedra Branca the Senior Minister of State for Foreign Affairs Balaji Sadasivan stated that the maritime territory around the island included a territorial sea of up to 12 nautical miles 22 km 14 mi and an Exclusive Economic Zone This was condemned by Malaysia s Foreign Minister Rais Yatim as against the spirit of Asean and the legal structure as the claim was unacceptable and unreasonable and contradicts the principles of international law 68 In response a Singapore Ministry of Foreign Affairs spokesman said that Singapore first stated its claim to a territorial sea and Exclusive Economic Zone on 15 September 1980 and reiterated this claim on 23 May 2008 following the ICJ s judgment Both statements had made clear that if the limits of Singapore s territorial sea or Exclusive Economic Zone overlapped with the claims of neighbouring countries Singapore would negotiate with those countries to arrive at agreed delimitations in accordance with international law 69 In August 2008 Rais said Malaysia took the view that Singapore was not entitled to claim an Exclusive Economic Zone around Pedra Branca as it considered that the maritime feature did not meet internationally recognised criteria for an island that is land inhabited by humans that had economic activity 5 At the National Day Awards in August 2008 Singapore announced that awards would be conferred on a number of people and organisations for their special contributions towards the Pedra Branca case Chief Justice Chan Sek Keong Tommy Koh Ambassador at Large and Justice Chao Hick Tin then Attorney General of Singapore who appeared as counsel and advocates for Singapore would respectively be awarded the Darjah Utama Temasek Order of Temasek Second Class the Darjah Utama Nila Utama Order of Nila Utama First Class and the Darjah Utama Bakti Cemerlang Distinguished Service Order The Pingat Jasa Gemilang Meritorius Service Medal would be conferred on Sivakant Tiwari s o Thakurprasad Tiwari Special Consultant to the International Affairs Division of the Attorney General s Chambers Twenty two people from the Attorney General s Chambers Maritime and Port Authority of Singapore Ministry of Defence Ministry of Foreign Affairs National Archives of Singapore National Library Board National University of Singapore and Supreme Court of Singapore would receive the Pingat Pentadbiran Awam Public Administration Medal the Pingat Kepujian Commendation Medal and the Pingat Berkebolehan Efficiency Medal The President s Certificate of Commendation would be issued to the Coastal Command COSCOM Republic of Singapore Navy the Police Coast Guard Singapore Police Force the Centre for Heritage Services Ministry of Defence the National Archives of Singapore and the Hydrographic Department Maritime and Port Authority of Singapore 70 The awards were presented on 17 November 2008 71 Resolution of outstanding issues Edit Malaysia and Singapore have established what they have named the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks and to determine the ownership of South Ledge 72 Following a meeting on 3 June 2008 the Committee agreed that a technical sub committee would be established to oversee the conduct of joint survey works to prepare the way for talks on maritime issues in and around the area If any incident occurred in and around the waters of Pedra Branca Middle Rocks and South Ledge either side would provide humanitarian assistance to the vessels involved Finally both Malaysian and Singaporean fishermen could continue traditional fishing activities in those waters 73 In September 2008 the Joint Technical Committee reported that its Sub Committee on Joint Survey Works was finalising technical preparations for a hydrographic survey that would provide data for future delimitation discussions A Sub Committee on Maritime and Airspace Management and Fisheries had also been formed and after a meeting on 20 August 2008 it decided that traditional fishing activities by both countries should continue in waters beyond 0 5 nautical miles 0 9 km 0 6 mi off Pedra Branca Middle Rocks and South Ledge 74 Malaysian application for review and withdrawal Edit On 2 February 2017 Malaysia applied to the ICJ pursuant to Article 61 of the Statute of the ICJ for the revision of the 2008 judgment 75 on the basis of three documents it had obtained from The National Archives of the UK between August 2016 and January 2017 The documents were internal correspondence of Singapore s colonial government in 1958 an incident report submitted by a British naval officer in the same year and a 1960s map of naval operations bearing annotations The Malaysian Government said that these documents indicated that officials at the highest levels in the British colonial and Singaporean administration appreciated that Pedra Branca Pulau Batu Puteh did not form part of Singapore s sovereign territory during the relevant period 76 However according to Shahriman Lockman a senior analyst at Malaysia s Institute of Strategic and International Studies there s very little precedent for revisions to ICJ judgments Reports suggest that the timing of the application coincides with the upcoming elections in Malaysia as the ruling Barisan Nasional Coalition which is currently under pressure over the IMDB scandal could use the renewed legal fight over Pedra Branca as a means to show it was best placed to display strong leadership in the country s foreign policy so as to safeguard Malaysia s sovereignty 77 Singapore s Foreign Ministry said that a team including Attorney General Lucien Wong and Chan Sek Keong S Jayakumar and Tommy Koh who had represented Singapore at the original ICJ hearing had been appointed to study and respond to the claim On 5 February 2017 Law and Home Affairs Minister K Shanmugam commented that on a cursory examination of the documents without detailed legal advice he did not see how the documents would make any difference to the ICJ s judgment 78 On 30 Jun 2017 Malaysia applied to the ICJ to request an interpretation of the ICJ s 2008 judgment This application is separate and autonomous from the 2 Feb application for the revision of the same judgment The application invokes Article 60 of the Statute of the Court and Article 98 of the Rules of the Court 79 80 According to Malaysian Attorney General Mohamed Apandi Ali Malaysia and Singapore set up a Joint Technical Committee JTC for the implementation of the 2008 ICJ judgment According to Malaysia the JTC reached an impasse in November 2013 as both parties had been unable to agree over the meaning of the 2008 judgement as it concerns the South Ledge and the waters surrounding Pedra Branca 81 Explaining Malaysia s position Malaysian Attorney General Apandi said Malaysia considers that it is necessary to request an interpretation of the 2008 judgement from the ICJ as it would serve as a basis for the maintenance of orderly and peaceful relations between the parties in the management of their respective maritime zones and airspace in the future 82 Singapore s Ministry of Foreign Affairs MFA noted in a press statement that ICJ s judgement was final and without appeal as well as clear and unambiguous As a result MFA said Malaysia s request for the ICJ to interpret the judgement is puzzling Singapore will therefore oppose Malaysia s application for interpretation which we consider to be both unnecessary and without merit 83 On 28 May 2018 the Malaysian government withdrew both its applications for revision and interpretation of the 2008 judgment a move which was welcomed by Singapore s MFA thereby discontinuing both cases before ICJ 84 85 Furthermore the Statute of the International Court of Justice only allows an application for revision to be made within 10 years after the 23 May 2008 judgement which means further applications for revision are no longer possible 86 On 25 June 2019 Malaysia s Prime Minister Mahathir Mohamad reiterated Malaysia s acceptance of the ruling citing it as an example of how ASEAN member states have worked together based on mutual respect 87 See also EditPulau MerambongNotes Edit For the history historical cartography and toponymy of Pedra Branca cf Ong Brenda Man Qing and Francesco Perono Cacciafoco 2022 Pedra Branca off Singapore A Historical Cartographic Analysis of a Post Colonial Territorially Disputed Island Histories 2 1 47 67 Paper DOI https doi org 10 3390 histories2010005 a b Development Works at Pedra Branca to Enhance Maritime Safety and Security www mnd gov sg Retrieved 12 July 2021 a b c Julian Davison July 2008 Between a rock and a hard place PDF The Expat p 86 archived from the original PDF on 1 October 2008 See for instance Puad Ibrahim 28 May 2008 Surat tahun 1953 jadi penentu hak milik pulau ICJ Surat buktikan Johor memahami ia tidak mempunyai kedaulatan terhadap Pedra Branca Berita Harian archived from the original on 21 February 2009 retrieved 29 August 2008 a b KL Pulau no more as Pedra Branca not an island The Straits Times 22 August 2008 See also KL Pulau no more The Straits Times 21 August 2008 archived from the original on 28 August 2008 Su Jun Xiang 22 August 2008 Between a rock and a hard place The Straits Times English Language Department Beijing Institute of Foreign Languages 1978 礁 jiao in Wu Jingrong ed A Chinese English Dictionary Beijing Commercial Press p 340 Case Concerning Sovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge Malaysia Singapore PDF International Court of Justice 23 May 2008 archived from the original PDF on 5 April 2016 retrieved 26 May 2008 para 16 May Wong 6 November 2007 Background on Pedra Branca Channel NewsAsia archived from the original on 7 November 2007 retrieved 8 November 2007 By the Protected Places No 4 Order 2002 S 305 2002 which came into effect on 27 June 2002 Pedra Branca was declared a protected area within the meaning of the Protected Areas and Protected Places Act Cap 256 1985 Rev Ed In the Schedule to the Order it was described as t he island occupied by PORT OF SINGAPORE HORSBURGH LIGHTHOUSE containing an area of approximately 8 650 square metres The easternmost point is approximately along the bearing 73 51 for 97 metres from the centre of the lighthouse Latitude 1 19 48 8 N and Longitude 104 21 20 6 E WGS 84 datum approximately Pedra Branca case para 18 Pedra Branca case para 282 Jan Huyghen van Linschoten 1596 Itinerario Voyage ofte Schipvaert van J H v L naer Oost ofte Portugaels Indien inhoudende een corte beschryvinghe der selber Landen ende Zee custen etc Beschryvinghe van de gantsche Custe van Guinea Manicongo Angola Monomotapa ende tegen over de Cabo de S Augustijn in Brasilien de eyghenschappen des gheheelen Oceanische Zees Midtsgaders harer Eylanden als daer zijn S Thome S Helena t Eyland Ascencion etc Reys gheschrift vande Navigatien der Portugaloysers in Orienten etc uyt die Portugaloysche ende Spaensche in onse ghemeene Nederlandtsche Tale ghetranslateert ende overgheset door J H v L Itinerary Voyage of the Sailor Jan Huyghen van Linschoten to the East of the Portuguese Indies Amsterdam s n archived from the original on 9 February 2008 in Dutch a b Davison p 88 Jan Huyghen van Linschoten William Phillip transl 1598 Iohn Huighen van Linschoten His Discours of Voyages into ye Easte amp West Indies Devided into Foure Bookes Translated out of Dutch into English by W illiam P hillip London By John Windet for Iohn Wolfe printer to ye Honorable Cittie of London Pedra Branca case para 68 Pedra Branca case paras 54 56 Pedra Branca case paras 71 74 75 Pedra Branca case para 98 Pedra Branca case para 100 Significant Scots James Horsburgh Electric Scotland archived from the original on 30 May 2013 retrieved 7 November 2007 James Horsburgh 1809 1811 Directions for Sailing to and from the East Indies China New Holland Cape of Good Hope and the Interjacent Ports London Printed for the author Pedra Branca case para 126 Davison p 89 a b c Pedra Branca case para 128 Pedra Branca case para 136 Pedra Branca case paras 131 and 145 a b Davison p 93 a b Pedra Branca case para 146 Vernon Cornelius Takahama 27 January 2000 Pedra Branca Singapore Infopedia National Library Board archived from the original on 8 June 2008 retrieved 1 September 2008 Harold Stephens Light Houses of Asia Traveller Magazine reproduced on the Wolfenden Publishing website archived from the original on 15 June 2008 retrieved 31 August 2008 Pedra Branca case para 147 Pedra Branca case para 148 Davison p 90 a b Pedra Branca case para 151 Pedra Branca case para 153 Pedra Branca case para 152 Pedra Branca case para 154 Davison p 92 Pedra Branca case paras 152 and 159 a b Davison p 94 Pedra Branca case para 159 Pedra Branca case para 171 Pedra Branca case para 178 Pedra Branca case para 102 Pedra Branca case para 192 Pedra Branca case para 196 Pedra Branca case para 223 Pedra Branca case para 265 Pedra Branca case para 269 a b Pedra Branca case para 249 Pedra Branca case para 247 Lydia Lim 13 November 2007 Why Singapore is fighting the case to keep Pedra Branca The Straits Times reproduced on the Malaysian Bar website archived from the original on 10 June 2011 retrieved 8 October 2009 Zakir Hussain 20 December 2008 Pedra Branca Behind the scenes Pedra Branca was in the spotlight last year when the International Court of Justice in The Hague heard Singapore and Malaysia make their case for the island A new book by Deputy Prime Minister S Jayakumar and Ambassador at Large Tommy Koh who played key roles in the case sheds light on previously undisclosed facets of the case The Straits Times pp A10 A11 Protected Areas and Protected Places Act Cap 256 1985 Rev Ed see the Protected Places No 4 Order 2002 S 305 2002 Protected Places No 4 Order 2002 para 2 Under s 7 read with s 5 1 of the Protected Areas and Protected Places Act unauthorized presence on the premises is punishable on conviction with a fine of S 1 000 or imprisonment for a term of 2 years or both Teh Joo Lin 7 October 2008 Jailed for landing on Pedra Branca Man tries to return to S pore after 10 years away but trespasses on off limits island instead The Straits Times Home reproduced on the Malaysian Bar website p B1 archived from the original on 14 February 2009 retrieved 7 October 2008 Teo Xuanwei 7 October 2008 Caught between a rock and a difficult place Today p 6 archived from the original on 7 October 2008 Minister Mentor Lee Kuan Yew was quoted as saying They say okay there s Horsburgh Lighthouse It s more than 30km away We reclaim land plonk it there But then it s less than 30km away from the Malaysian coast They will be worried Kor Kian Beng 5 November 2008 No space for nuclear plant here The Straits Times Home reproduced on the Ministry of Foreign Affairs website p B7 archived from the original on 28 September 2011 retrieved 18 November 2008 Tan Audrey 5 July 2021 Development works at Pedra Branca including land reclamation to begin later this year MND The Straits Times Retrieved 5 July 2021 Cheng Kenneth 5 July 2021 Singapore to reclaim land around Pedra Branca to build facilities to improve maritime safety and security Today Retrieved 5 July 2021 Pedra Branca case paras 30 and 31 Pedra Branca case para 12 Pedra Branca case paras 274 277 See also Sovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge Malaysia Singapore International Court of Justice 23 May 2008 archived from the original on 27 May 2008 retrieved 25 May 2008 Court awards islet to Singapore BBC News 23 May 2008 archived from the original on 26 May 2008 retrieved 23 May 2008 ICJ awards Pedra Branca s sovereignty to Singapore Channel NewsAsia 23 May 2008 archived from the original on 25 May 2008 retrieved 23 May 2008 Pedra Branca case paras 289 and 290 Pedra Branca case paras 297 299 Malaysia Singapore to accept ICJ s ruling on island The Star 18 April 2008 archived from the original on 20 April 2008 retrieved 4 June 2008 ICJ s ruling on Pedra Branca to be delivered on May 23 Channel NewsAsia 30 April 2008 archived from the original on 20 July 2008 retrieved 1 September 2008 Malaysia not giving up hope on Batu Puteh yet The Star 1 June 2008 archived from the original on 4 June 2008 Article 61 1 of the Statute of the International Court of Justice states An application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor which fact was when the judgment was given unknown to the Court and also to the party claiming revision always provided that such ignorance was not due to negligence The application for revision must be made at the latest within six months of the discovery of the new fact and no application for revision may be made after the lapse of ten years from the date of the judgment Articles 61 4 and 5 See Statute of the International Court of Justice International Court of Justice archived from the original on 29 June 2011 retrieved 1 September 2008 S pore will wait to see what new evidence M sia can produce over Pedra Branca Channel NewsAsia 4 June 2008 archived from the original on 9 January 2009 retrieved 4 June 2008 Lydia Lim 31 May 2008 Rough seas or calm ahead PDF The Straits Times archived from the original PDF on 28 October 2008 archived by WebCite at KL s warning on Pedra Branca Straitstimes com July 2008 archived from the original on 29 August 2008 retrieved 1 September 2008 See also Carolyn Hong 25 July 2008 Choppy waters around Pedra Branca again Singapore s remark on setting up Exclusive Economic Zone sparks Malaysian media frenzy The Straits Times reproduced on the Ministry of Foreign Affairs website archived from the original on 18 May 2012 MFA Spokesman s Comments on an Exclusive Economic Zone around Pedra Branca Ministry of Foreign Affairs 25 July 2008 archived from the original on 14 February 2009 retrieved 1 September 2008 See also Ministry of Foreign Affairs press statement International Court of Justice awards sovereignty of Pedra Branca to Singapore 23 May 2008 SPRInter Government of Singapore 23 May 2008 retrieved 1 September 2008 permanent dead link Valerie Tan 23 May 2008 MFA says ICJ s judgement on Pedra Branca brings closure Channel NewsAsia archived from the original on 28 September 2008 retrieved 1 September 2008 Transcript of Senior Minister of State Balaji Sadasivan s replies to Parliamentary Questions and a Supplementary Question 21 July 2008 Ministry of Foreign Affairs 21 July 2008 archived from the original on 14 February 2009 retrieved 1 September 2008 National Day awards The Straits Times 11 August 2008 archived from the original on 9 March 2012 National Day Awards 2008 to recognise special contributions for the Pedra Branca case Prime Minister s Office 14 August 2008 archived from the original on 2 September 2008 retrieved 3 September 2008 Pedra Branca team gets N Day awards The Straits Times reproduced on Singapore Law Watch 18 November 2008 permanent dead link dead link ICJ awards Pedra Branca s sovereignty to Singapore Channel NewsAsia 23 May 2008 archived from the original on 25 May 2008 retrieved 23 May 2008 Li Xueying 24 May 2008 Navigating the rocks ahead may be tricky But experts confident any unresolved issues will be ironed out The Straits Times reproduced on the Malaysian Bar website archived from the original on 24 January 2016 retrieved 6 October 2008 See also S pore M sia grapple with UN court decision The Straits Times reproduced on AsiaOne 26 May 2008 archived from the original on 30 May 2008 retrieved 6 October 2008 Zakir Hussain 7 June 2008 Both sides agree on aid to ships fishing S pore Malaysia to cooperate on safety and security issues in area conduct joint survey works The Straits Times reproduced on the Ministry of Foreign Affairs website archived from the original on 18 February 2012 Goh Chin Lian 2 September 2008 Pedra Branca New joint panel formed The Straits Times reproduced on AsiaOne p B2 archived from the original on 15 February 2009 retrieved 6 October 2008 Traditional fishing can go on Today p 8 2 September 2008 archived from the original on 1 October 2008 Malaysia seeks revision of ICJ ruling on Pulau Batu Puteh The Star 4 February 2017 archived from the original on 7 February 2017 Malaysia cites 3 British documents from 1950s and 1960s in Pedra Branca challenge Today 4 February 2017 archived from the original on 4 February 2017 Jaipragas Bhavan 11 February 2017 Why Malaysia is fighting Singapore over a rock South China Morning Post Archived from the original on 25 May 2019 Retrieved 25 May 2019 Not clear how new facts will impact Pedra Branca ruling Shanmugam Today 6 February 2017 archived from the original on 5 February 2017 Request for Interpretation of the Judgment of 23 May 2008 in the Case Concerning Sovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge Malaysia Singapore Malaysia v Singapore Archived from the original on 15 July 2017 Malaysia Seeks Interpretation of ICJ s Pulau Batu Puteh Judgment Archived from the original on 14 August 2017 Malaysia files new application to ICJ on Pedra Branca ruling Singapore says it s without merit CNA 2 July 2017 Archived from the original on 25 May 2019 Retrieved 25 May 2019 Reduan Hidir 4 June 2017 M sia files fresh legal bid over Pulau Batu Puteh Pedra Branca ownership New Straits Times Archived from the original on 23 August 2017 Retrieved 25 May 2019 Malaysia files new application to ICJ on Pedra Branca ruling Singapore says it s without merit CNA Archived from the original on 25 May 2019 Retrieved 25 May 2019 Latest developments Application for revision of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge Malaysia Singapore Malaysia v Singapore International Court of Justice www icj cij org Archived from the original on 27 August 2019 Retrieved 10 November 2019 Latest developments Request for Interpretation of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge Malaysia Singapore Malaysia v Singapore International Court of Justice www icj cij org Archived from the original on 26 January 2020 Retrieved 10 November 2019 Royston Sim 30 May 2018 Malaysia withdraws Pedra Branca case Singapore happy to agree says Vivian Balakrishnan The Straits Times Archived from the original on 4 July 2018 Retrieved 25 May 2019 Malaysia accepts international court ruling on Pedra Branca says PM Mahathir CNA Archived from the original on 10 November 2019 Retrieved 10 November 2019 References EditCase Concerning Sovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge Malaysia Singapore PDF International Court of Justice 23 May 2008 archived from the original PDF on 5 April 2016 retrieved 26 May 2008 Davison Julian July 2008 Between a rock and a hard place PDF The Expat p 86 archived from the original PDF on 1 October 2008 Further reading EditOng Brenda Man Qing and Francesco Perono Cacciafoco 2022 Pedra Branca off Singapore A Historical Cartographic Analysis of a Post Colonial Territorially Disputed Island Histories 2 1 47 67 Paper DOI https doi org 10 3390 histories2010005 Articles Edit Pedra Branca Singapore The Encyclopedia Singapore Editions Didier Millet National Heritage Board 2006 ISBN 978 981 4155 63 2 archived from the original on 26 July 2011 Books Edit Hall Jones John 1995 The Horsburgh Lighthouse Invercargill N Z John Hall Jones ISBN 978 0 473 03205 0 pbk Jayakumar S Koh Tommy 2008 Pedra Branca The Road to the World Court Singapore NUS Press in association with MFA Diplomatic Academy ISBN 978 9971 69 474 6 hbk ISBN 978 9971 69 457 9 pbk Pavitt J A L 1966 First Pharos of the Eastern Seas Horsburgh Lighthouse Singapore Donald Moore Press OCLC 1855904 Thomson J ohn T urnbull 1852 Account of the Horsburgh Light house Erected on Pedra Branca near Singapore Singapore G M Fredrick OCLC 500001469 News reports Edit I Made Andi Arsana 24 June 2008 Singapore gets Pedra Branca What s next The Jakarta Post Majawat Evangeline 24 July 2008 Pedra Branca EEZ Singapore s claim on shaky ground New Straits Times archived from the original on 30 July 2008 Zakir Hussain 20 December 2008 Pedra Branca story told in a book Jayakumar and Tommy Koh give behind the scenes account of 30 year saga The Straits Times p A4 Teo Xuanwei 20 21 December 2008 Pedra Branca Through storm and fire Today pp 1 and 6 archived from the original on 20 December 2008 External links EditSovereignty over Pedra Branca Pulau Batu Puteh Middle Rocks and South Ledge International Court of Justice archived from the original on 27 May 2008 retrieved 31 August 2008 International Court of Justice Case concerning sovereignty over Pedra Branca Middle Rocks and South Ledge Ministry of Foreign Affairs Singapore 2007 archived from the original on 7 November 2007 Batu Puteh Batuan Tengah amp Tubir Selatan issues Sovereignty over Pedra Branca Middle Rocks and South Ledge Malaysia Singapore Ministry of Foreign Affairs Malaysia archived from the original on 6 July 2008 retrieved 31 August 2008 Horsburgh light Lighthouse Depot retrieved 31 August 2008 Images Edit Wikimedia Commons has media related to Pedra Branca Pedra Branca Singapore an aerial photograph from Flickr Satellite image of the island from Google Maps Retrieved from https en wikipedia org w index php title Pedra Branca Singapore amp oldid 1124156709, wikipedia, wiki, book, books, library,

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