The Hague - Singapore, claiming sovereignty on Pulau Batu Puteh, wants to radically change the basis on which it acquired the lighthouse on Pulau Batu Puteh and the character of its presence on the island, the International Court of Justice (ICJ) heard today.
"Singapore is endeavouring to create for itself a maritime domain, which is a far cry from the basis of its presence on Pulau Batu Puteh as the lighthouse administrator," Malaysia`s agent Tan Sri Abdul Kadir Mohamad submitted before a 16-member panel.
It is seeking to disrupt the long-established arrangements in the Straits, he told the court presiding over a sovereignty dispute concerning Pulau Batu Puteh, Middle Rocks and South Ledge between Malaysia and Singapore.
The three features are located at the eastern entrance of the Singapore Straits off the Malaysian peninsula.
Kadir pointed out to the court that in 1969 Malaysia enacted legislation which extended its territorial sea from three to 12 nautical miles and Singapore did not protest.
Later in 1969, an agreement was reached between Malaysia and Indonesia in relation to the Continental Shelf, he said in Malaysia`s first round of oral arguments.
He said Singapore`s claim of sovereignty had not only upset the existing arrangements in this way "but raises the question of what it wants to do with the island."
Kadir said, in its pleadings concerning the case, Singapore has relied on a reclamation proposal around Pulau Batu Puteh.
He told the court that Singapore has an extremely active reclamation policy which was the subject of the Reclamation Case instituted by Malaysia against Singapore in September 2003.
Submitting on another point, he said that in 1986, well after the critical date (of the dispute), Singapore sent its naval vessels to Pulau Batu Puteh, and has since then maintained a permanent 24-hour guard around Pulau Batu Puteh.
He told the court that Singapore does not need a bigger island for a better lighthouse.
Malaysia says that it is on the basis of the consent of the Temenggong and Sultan of Johor that Great Britain built and then operated the Horsburgh Lighthouse on Pulau Batu Puteh.
Why does it need a bigger island for? Kadir asked.
Quite apart from the possible effects on environment and navigation in the Straits, this could lead to potentially serious changes to the security arrangements in the eastern entrance to the Straits.
"In fact, the aggressive methods Singapore have used to assert its claim on Pulau Batu Puteh have already led to regrettable although not irreversible changes to the stable conditions in the area," he said.
He said they have created tension and danger.
"Johor fishermen have been chased away by Singapore forces from their traditional fishing waters and sheltering spots around Pulau Batu Puteh while Malaysian officials and naval vessels cannot go anywhere near Pulau Batu Puteh without being physically challenged by Singapore naval vessels, he told the ICJ.
He also told the court that he wanted to clarify one point.
"Our problem is with Singapore having a military presence on one of Johor`s islands in the eastern entrance of the Singapore Straits.
"We have no problem with Singapore as the operator of Horsburgh Lighthouse.
"Malaysia wishes to maintain the peaceful and stable conditions at the entrance to the South China Sea.
"It is Singapore which is seeking to change the situation," he said.
The Sultan and Temenggong of Johor had gladly consented to the establishment of the lighthouse on Pulau Batu Puteh in 1844 and Malaysia had never suggested that its continued operation by Singapore presented any problem, he said.
He said Malaysia had always respected the position of Singapore as the operator of Horsburgh Lighthouse and would like to place formally on record that Malaysia would continue to do so.
Source: www.bernama.com (16 November 2007)
