Volume 2 (Annexes 1-20)

INTERNATIO.NAL COURT OF JUSTICE
CASE CONCERNING SOVEREIGNTY OVER
PEDRA BRANCA/PULAU BATU PUTEH,
MIDDLE ROCKS AND SOUTH LEDGE
MALAYSIA/SINGAPORE
MEMORIAL OF MALAYSIA
VOLUME2
25 MARCH 2004
Annex
Number
(MM)
L
2.
3.
4.
5.
6.
7.
LIST OF ANNEXES
VOLUME 2
Treaties and Agreements
Title of Agreement
Convention between Great Britain and the Netherlands Relative to the Dutch
Colonies, London, 13 August 1814, 63 Consolidated Treaty Series 322
Agreement between the Honourable East India Company and the
Temenggong of J ohore, 30 January 1819, 69 CTS 480 (English text)
Treaty of Friendship and Alliance between Sir Stamford Raffles and
Sultan Hussain Mahummad Shah, Sultan of Johore and Dato Temenggong
Sri Maharajah Abdul-Rahman, 6 February 1819, 69 CTS 481
Arrangements Made for the Government of Singapore, Singapore, 26 June
1819, 70 CTS202
Treaty between His Britannick Majesty and the King of the Netherlands,
Respecting Tenitory and Commerce in the East Indies, London, 17 March
1824, 74 CTS 88
Treaty of Friendship and Alliance between the Honourable East India
Company, and the Sultan and the Temenggong of Johore, 2 August 1824,
74 CTS 380
Treaty of Friendship and Alliance between His Highness Sultan
Alli Iskander Shah bin Sultan Hussain Mohamed Shah and His
Highness Datu Tumungong Daing Ibrahim bin Abdul Rahman Sri
Maharajah, 10 March 1855: in W.G. Maxwell & W.S. Gibson (eds.),
Treaties and Engagements Affecting the Malay States and Borneo,
London: Jas Truscott & Son, 1924, p. 127
8. Johore-Pahang, First Boundary and Friendship Treaty, 17 June 1862, in J.
Allen, A.J. Stockvvell and L.R. Wright (eds.), A Collection of Treaties and
Other Documents Affecting the States of Malaysia, 1761-1963, New York:
Oceana, 1981, vol. I, p. 343
9. Treaty between the Governor of Prince of Wales' Island, Singapore and
Malacca and H.H. Datoh Turnungong Aboobakar, Sri Maharajah, Sovereign
Ruler of Johore, concerning the Turnungong's Property in the Island of
Singapore, 19 December 1862: in Maxwell & Gibson, p. 129
10. Agreement on Certain Points Touching the Relations of Her
Majesty's Government of the Straits Settlements with the
Government of the Independent State of Johore, London, l l
December 1885, 167 CTS 82
11. Agreement between his Britannic Majesty's Government and the State of
Johore making provision for the Appointment of a British General Adviser
at the Court ofJohore, Singapore, 12 May 1914, 107 BF'SP 519
12. Straits Settlements and Joh ore Territorial Waters Agreement, 1 9 October
1927, in Allen, Stockwell & Wright, p. 114
13. Agreement for the Establishment of the Federation of Malaya as an
Independent Sovereign Country within the Commonwealth, Kuala
Lumpur, 5 August 1957, 163 British & Foreign State Papers 46
14. Agreement between the United Kingdom, the Federation of Malaya, North
Borneo, Sarawak and Singapore Concerning the Establishment of the
Federation of Malaysia, London, 9 July 1963, 167 British & Foreign State
Papers49
15. Agreement Relating to the Separation of Singapore from Malaysia as a
Separate and Sovereign State of 7 August 1965 between the Governments
of Malaysia and Singapore, 563 UNTS 89
16. Indonesia-Malaysia: Agreement between the Government of the Republic of
Indonesia and the Government of Malaysia Relating to the Delimitation of
the Continental Shelves between the Two Countries, 27 October 1969
17. Treaty between Malaysia and the Republic of Indonesia Relating to the
Delimitation: of the Territorial Seas of the Two Countries in the Straits of
Malacca, 17 March 1970
18. Agreement Stipulating the Territorial Sea Boundary Lines between
Indonesia and the Republic of Singapore in the Strait of Singapore, 25 May
1973: in "Territorial Sea Boundary: Indonesia-Singapore" (Department of
State, Limits in the Seas, No. 60, 1974)
19. Agreement between the Government of Malaysia and the Government of the
Republic of Singapore to Delimit Precisely the Territorial Waters Boundary
in Accordance with the Straits Settlements and Johore Territorial Waters
Agreement 1927, 7 August 1995
20. Malaysia-Singapore, Special Agreement, 6 February 2003
II
ANNEX MM 1
Convention between Great Britain and the Netherlands Relative
to the Dutch Colonies, London, 13 August 1814, 63
Consolidated Treaty Series 322
-~ i..!
0 ~ ~... ,;; 'r L
322 CONSOLIDATED TREATY SERIES
ENGLISH/
FRENCH TEXTS
lo. the NilUle of the Most Holy ao.d Uo.dmded
Trinity.
TeE United Provinces of The
"N etberlands, uo rler the favour of
DivinePro,idencP, haviog been restored
to their IDdependence, and
having been placed by tl1e loy altyof
the D utrh People and the achievement&
of the Allied Powers, under
the Government of the Ill uatrious
Au Nom de 1a Tm--Samte et lndmm1ile
Trinite.
LES Provinces Uoiesdes Paya
Bas ayaot ete rendues, par la fa,
eur de la Provideuce Diviue, i.
leur Jndependauce. et ay11nt ete
placees pnr la lopote de la Nation
Hollandaise E't les Armes des
Puissa11ces Alliees wos It' Gouvernrtnent
de l'Illustre MaisoQ
House of Orange; and His Britannic
Majesty being desirous
of entering into such alTangements
with the Prince Sovereign of the
U 11 ited N eU1erlan ds, con cP.rnin g
the Colonies of the said United
N etberlands,' w hicb have been
conquered by His Majesty's Arms
during tlie late War, as may conduce
to)he·prosperity of the said
State, au~ 'may afford a lasting
testimony of His Majesty's
friendship an.I attachment to the
t'amily of Orange, and to the
Dutch Nation; the said High
Ccmtracting Parties, e<jually animated
by those sentiments of cor<
lial good ~ill and attachment to
each other, have nominated for
their Plenipotentiaries, namely:
' His Majesty the Kiug of the
United Kingdom of Great Britain
and Ireland, the Right Honourable
Robert Ste11"art, Viscount
Castlereagh, one of His said Majesty's
Most Honourable Privy
Council, a Ml.'mber of Parliament,
Colonel of the Londonderry Regiment
of Militia, Knight of the
Most Noble Order of the Garter,
a11d hi>1 Principal Secretary of
State for Foreign Affairs, &c.;
And His Royal Highness the
Prince of Orange-Nassau, Prince
Sovereign of the United Netherlands,
- His Excellency Henry
Fagel, His Ambassador Extraordinary
and Plenipotentiary at the
Court of His Britannic Majesty:
Who, after hsviag exchanged
· their Full Powers, found in good
and due form, have agreed to the
following Articles:
ART. J. His Britannic Majesty
engages lo restore to the Prince
.d'Orange; t>t Sa Majeste Britannique
desirant faire avec le Prince
Souverain des Provinces Unies
ues Pays Bas, relativement aux
Colon ics des di !es Prov iuees U nies,
conq uises d uran t la demiere guerre
par les Armes de Ba Majeste, des
arrangemens propres a a~aneer la
pros perite du dit E tat, et en meme
tems a fournir une preuve durable
de l'amitie et de l'attachement de
Sa Majeste pour la Maison
d'Oninge et pour la Nation Hollandaise;
Jes Hautes Parties Contractantes
sus-mentionaees, egalement
animeea de ces sentimens·
reciproques de bienveillauce cordiale
et d'attachement mutuel
l'une envers l'autre, ont nomme
lt'urs Plenipotentiaires, savoir:
Sa Mojesle le Roi du Royaume
Uni de la Grirnde Brelagne
et d'Irlande, le Tree-Honorable
Robert Stewart, Vieomte Castlereagb,
Conseiller de Sa dite Majeste
en son Couseil Prive, Membre
de son Parlement, Colonel du.
Regiment de Milke de Loudonderry,
Chevalier du Tres-N oble
Ordre de la Jarretiere, et so11
Principal Sec re ta ire d' E tat pour
les Affaires Etranghes, &c.;
EI Son A I tl.'sse Roy ale le Prince
d'Orange, Prince Souverain des
Provincl.'s Unies des Pays Bas, le
Sieur Henri Fagel, son Ambassadeu
r Ex traordi naire et P Jeni po·.
tentiaire a la Cour de Sa Maje:.te
Britannique:
Lesquels, apres avoir echange
Jenrs Pleins.pouvoirs, trouves· en
honne et tlue forme, soot convenus
des Articles suivans:
ART. I. Sa Majeste Britatlnique
s'enguge A restiluer a11
32 3
324 CONSOLIDATED TREATY SERIES
Sovrn•ign f>f tht> United. Ndl1rrl1mds,
wi1hin ll1e term 11·l1ich
shall be hcreflfter lixP,I, the Colonies,
Factories, anti Establi~hmen
1s which wen· possPss.-rl hy H ol-
1 an<l at the commPncement of the
late War, vii on the lstof January
1803, in the S,ms and on the Contimmt
of America, Africa, and
Asia; with tl,e rxception of the
Cape of Good Hope and the Srttlemenls
of Demerara. Essequibo,
l\hd.BerbicP, of whkh Possrssions
the.High Contracting Parties rt••
~erv'e to themsP.lves the rig-ht to
dispose by a Supplementary Convl'ntion,
ht're;,ftn to he n!'goliatrd,
11ccordin~ tu their mulual interrsts,
aml espe'cially with refrrcnce
to the provisions cont,1i11ed in tlie
Vlth a~d IXth Article's of 1he
Treaty of Peace, signed lietwt>en
His Britannic Majesty and His
Most Christiirn Majesty., on (lie
30th of May, 1814 ..
II. His Britannic MRjesty
Rgre('s to cede in full Sovereiinty
tht< Island of BRnca,.in the Easle-rn
Seas, to the Prince Rovereign of
The Netherlands, in exchange for
the Settlement of Cochin and its
Dept>ndencit>s on lhe Coast of
Malabar, which is lo remain in
full Sove-reigoty to His Britannic
Maje,,ty.
II I. The Places and Forts in
the Colonies and Settlements,
wbkh by virtue of the 2 preceding
Articles are to he ceded and exchanged
by the 2 High Contnu:
ting Parties, shall he given up
in the state in which they may be
at the moment of I.he sii;:n11tm·e of
tl.Je present Conventiou.
IV, His Brilannic Majcsty
P1i oce Sou vera in des Pro vi n ccil
Units des Pays Bas, d:rns le delai
qui se.rn lixt ci-apres, lrs Colonies,
Comptoirs et Etab!issemens- dont
la Hol lamle etoit en possession au
commt>ncement de la derni~re
G11P1-re. c 'est-a-dire.au I er Janvier,
I 80.'l, dans !es M ers et sur Jes
Conlinents <le l'Amerique, rle
!' Afrique et de l'Asie, a !'exception
du Cap de Bonne Esperance, et
rles Eta blissemens de Dem,.ra ro,
Essequibo, et llerhice, des1l'1elles
Possessions \es H11.utcs Parties
Contr;,cfantes se reservent le dwit
de clisposcr par une Con vent ion
s11pplementaire qui sera ncgociee
ci-apres, conformement aux in-
1oire1s mntnels des 'l Parties, et en
particulicr sous le rnpport cles
Sipulations contef!ues clans les- Artich
·s VI et IX du Traite de P1t.ix,
cone I u entrP. Sa M Rjeste Bri tann
iq ne et Sa !i-lajeste Tres•Chretienne,
le 30 Mai, 1814.
IL Sa Majeste Britanniqoe
consent fl cerler rn tou te Sou verainete
J'llc de Banca, situee dans
lt>s Mers Orientales, at1 Prin~e
Souverain rles Pays Bas, en
echang-e de I' Etahlissement rle
Cochin et ,te.ses Depenr!ances sur
la Cote de M ali!bar, lequel restera
en toute Souverainetl: i Sa Maj
es!e B ritan n iq ue ..
III, Les Places et Forts dans
Jes Colonies et Etahlissemeos,
lesquels doivent etre cedes et
echang6s par Jes 2 H1wtes Parties
Contractantes, eo vertu des 2 Artic
I es pr:i cedens, seront rem is dans
l'etat ou ils se trouveroot au
moment de la signature c!e la
prcsente· Convention.
IV. Sa M11jeste Brilannique
guarantees to the Subjects of His
Royal H igh11ess the Prince 80-
vert'ign of the United N etl1erland.s,
tlie same facilitil-s, privileges, and
protection, with respect to Commerce
aud i.he security of their
property and persons withiu tbe
hmits of the British Sovf'reignty
011 t~~ C(!ntinent of India, as are
aow ~ or ·.sbaU be granted to thPmost
favoured Nations.
His Royal Highness the
Prince Sovereign, on hi~ part.
having nothing more at heart than
the perpetual duration of Peace
between the Crown of Eng-land
and the U l!iteJ Nethl.'rlands, and
wishing to do his utmost to avoid
auy thing which might affect
their mutual good understanding,
engages not to erect any FortifiCRlious
in tht: Establishments which
nm to bt: 1e.slor~J to hini within
the limits or the IlriLbli Sovt"r"
Ciguty upon the Co11tioent of
India, aud only to pl ace in those
Establishmt-uts tl..ie numl..ier of
Troops ueceiIBary for the uia.intenaoci:
of the Police.
V. Tliose Colonies, Factories
and Establish men1s, which are to
be cetled to His Roya.I Highness
the Sovf'reign Piince of the
Unitctl Ncthn!a □ 1!s by His Britannic
Majesty, i □ the Sei"ls or 011
the Contineut of America, shall
be given up 1tithin 3 months, r11HI
those 11hich are beyond the Cape
or Good Hope within the 6 mo11tbs,
which fol low !lie Ratification of
the pr,·senl Conveuti.:in.
VI. The High Coutractiug
s'enga~e a faire jouir lesSujets de
Son Allcsse Royale le Prince
Sou veraio dei; Provinces U nies,
relativement au Commerce et a la
sCiret6 de leurs personnes el proprides
dans les Ii mites de la Sou~
verninete Britannique sur le Con•
tinent des lndes, des memes facili(
es, privileges et protection qui
,;ont a preseut Oil seronl a.ccordes
amt Nations les plus favorisees.
De soil clHe, Son A lte6Se
Royale le Prince Souverain,
n' a y ant rien pl us a cceur q ue, la
perpetuite de la P11ix entre la
Couronne d' Augleterre et lea
Provin•ccs Uuies des P11ys Bas, et
voulant contribuer autant qu'il
est en el\e a ecarter des-a-present
des rnpports des 2 Ptuples ce qui
pourroit un jour alterer la bonue
iuttlligence mutuelle, s'engage a
ne fair" aucun ouvrage tie Foitifrcation
daus lt"s Etal>lissem~us qui
Jui ·doivent e,re restil ue~, et qui
soot situcs dans lo;;s limiles de la
Sou ve raine Le Brita nnifj u e 6ur le
Cvnlinent ties lndes, et a ne md~
tre daos ces Etal>lissemens <Jue le
nowbre de Troul'es Dtscessaires
pour It: maiutic11 Ji, la Police.
V, Ce~ Colvuies, Comptoirs et
Etablissernens, qui doivent e1re
cetles a Son Altesst: .H.oyali, le
Print e Sou v train <les Prov i 11ct"s
Unies des Pays Oas par Sa M"jesie
Brilaimiq ue, ii ans Jes .Mers
tt sur le Cou1i1rnnt de l'Amt ririue,
sero11 t rem is d ans It's J 111 ois, et
ceux <"Jui so11t au-deli du Cap tie
Ilon11" Espi,rauce dalls Jes 6 mois,
qui suivrout la Ratification ,I., la
pn~s~n Le t..: O 11 v e II I iuu.
VI. Les Hi1ult"s P"rlir5 Cull·
326 C O N S O L I D A T E D T R E AT Y S E R I E S
Parties, desirous to bury in entire
oblivion the dissentions which
have agitated Europe, declare and
promise, that no lodividual, of
•hatever rank or condition be
may be, in the Conntrie. restored
and ceded by the present
Treaty, shall be prosecuted, dis-,
turbed, or molested in his person
or property, under any pretext
whatever, either on account of his
conduct or political opinions, his
atlachrnent either to any of
the Contracting Parties, or to
any Government which has ceased
to ei1ist, or for any other reflson,
except for debts contracted towards
lndi vidoalsj or acts posterior
to the date of the present Tfeaty.
\'II. The Native Iohabitants
and Aliens, of wbateverNRtion or
condition they may be, in those
Countries which are lo change
Sovereigns, as well in virtue of the
preseut Convention as of the subsequent
arra11geme-11ts to "·hich it
may give rise, shall be allowed a
period of 6 years, reckoning from
the e-xcbange of the Ratifications,
for the purpose of disposing of
their property, if they think fit.
whether it be 11cquired before or
dnring the late War, and of retiring
to 'l\·hatever Country they may
choo~e.
VII I. The Prince Sovereigo of
the United Netherlands, anxious
to co.operate in the most effectual
manner with His Majesty the:King
of the U oited Kingdom of Great Bri·
tai n n n d I re Ian d,so as to bring about
tlie total abolition of the-Tradt in
S!Aves on the Coast of Africa, and
having srontaneously issued a Detracbnte-
s, voulant mettre et faire
mettre clans un entier oubli Jes divisions
qui ont agile !'Europe, declarent
et promettent que dans Jes
Pays restitues et cedes par le present
Traite,aucun lndi v idu, de qu elque
classe el condition qu:il soit,
ne pourra etre ni poursuivi, ni inquiete,
ni trouble sous aucun pretexte,
ou a· cause de sa conduite
ou opiniou politique, ou de son
attacbement, soit a aucuue des
Parties Contrnctantes, snit a des
Gouvernemens·qui ont cesse d'exister,
ou pour toute autre raison,
si ce n'est pour des deUes contra.
ctt\es en vers des I ndi vi dus, ou
pour Jes ade~ posterieurs au present
Trnite.
VII. Dans tous !es Pays qui doive-
nt ou devront cbangenleMaitres,
tant en vertu de la presente. Vonl'ention
qne des arrangemens qui
pourront 4!.tre fa its en consequence,
ii sera nccorde, au" Habitans Natu
re ls et Etra ngers, de q ur,]q ue
Na lion et condition qu'ils soient,
un espace de 6 ans a compter de
rechange des Ratifications, pour
disposer, s'ils le jugent convenab!
e, de leurs proprietes acquises,
soit avant soit depuis la derniere
Guerre, d se retirer dans tel
Pays qu'il Jeur plaira de choisir.
VII I. Le Prince Souverain des
Provinces U nies des Pays Bas,
anime d'un vif d&ir de co-operer
de In manihe la plus efficace avec
Sa Majeste le Roi du Royaume
Uni de la Grande Bretagne et d'lrlande,
a l'effet de parvenir i l'entiere
aholition de la Traite des
Esdaves sur la cote de I' Afrique,
cree dated the 16th of June 1814,'
i\'hereia it is enjoined, that no
ships or vessels whatever, destined
for the Trade in Slaves,
be cleared out or equipped in any
of the harbours or places of his
Dominions, nor admittetl to the
Forts or Possessions on the Coast
of Guinea, and that no Inhabitants
of tha(.Country shall be sold or exporre(
as:Slaves,-does moreover
hereby' engage to prohibit all his
Subjects, iu the most effectual
manner ,.od by the most solemn
Laws, from taking any share
whatsoever iu such inhuman
Traffi<-'.
IX. The present Convention
sLa!l be ratified, and the Ratifi<.'ations
shall be duly e1<cha11ged at
London, within 3 weeks from the
date Lereof, or sc.oner if possible.
In witness whereof, •,1.-e, tl1e undersigned
Plenipotentiaries, in
virtue of our respective Full
Powen, h;1ve signed the present
Convention, aod hal'e affi'.\ed
thereto the Seals of our Arms.
Doue at Loodun, this 13th day
of August, 1814.
(L.S.) CASTI.EREAGH.
(L.S.) H. FAGF.L.
ADDITIONAL ARTICLES.
I. IN order the better to provide
for the Defence and Incorporation
of the Bdgic Provinces
with Holland, and also to provide,
in conformity to the lXth Article
of lhe Treaty of Paris, a suit;,ble
compensation for the R ighls
c·ecled by His Swedish Maj .. sty
under the said Article, which compensailln,
it is understood, in the
et ayant de son propre mouvement
publie un Decret en date du
15 J.uin H\14. , por\ant qu'aucun
batiment ou navire quelcouquedestine
au Commerce des Esclaves, ne
sera equippe ~u ne sortira d'aucun
des Ports ou places de Ses Etats,
ou ne sera admis dans Jes Forts ou
Possessions sur la Colt de Guinee,
et qu'aucun Habitant de ces Contrees
ne sera vendu ou exporte
commeEsclave,-S'engage. de plus
par le present T.-aite a defendre a
tolls ses"Sujets de la mauiere la
plus efficace, et par Jes Lois les plus
formelles, de prendre aucune part
quelconque ace Trafic inhumain.
IX. La presente Convention
sera ratifio!e, etles Ratifications en
i;eront duement echangees a
Loodres, dans le delai de 3 semaines,
ou pl u tots[ faire St' peut.
En foi de quoi, nous Soussig □ es
P!enipotentiaires, en verh1 de nos
Plein~-pou voirs i-espectifs, 11von,
sigue la presentc Conveution, et y
1\VOIIS appose le Sceau de llOS
Armes.
Fait a Londres, le 13 A011t,1814.
( l,.S.) CASTLE REAGH.
(L.S.) H. FAGEL.
ARTICLES ADDJTJONNEU.
I. AnN de pourvoir d'autant
mieux ·a la Defense et a la Reunion
<lei; Provinces Belgiques
a vet· la Hoilande, com me aussi
afin d'assurer a Sa Majesle Suedoise,
en couformite de l"Arti le
lXeme du Traitli de Paris, une
compensalion couvenahle pour les
Drolls cedes par Ellr, en vertu du
dit Article, luquelle compensaliuu
32 7
328 CONSOLIDATED TREATY SERIES
event of the above Reunion,
Holland ,hould be liable to furnish,
in pursuance of the above
stipulations: it is hen,by agreed
between the High Contracting
Parties, that His Britannic Majesty
shall take upon himself,
and engage to defray the followfog
charges :
1. The payment of £1,000-,000
to Sweden, in satisfaction of the
Claims aforesr.id, and in punman~
e or a Convention this day
ex~cuted with His Swedish Majes'ty'~
Plenipotentiary to that
effect, a Copy of which Convention
is annexed to these Additional
Articlea.
2, The advance of .£2,000,000,
to be applied, in concert with the
Prince Sovrreign of The Netherlands,
and in aid of an equal sum
to be fornished by him, towards
augme111ing and improving the
defences of the l,o'lf Countries.
3. To bear, equally 1tith Ho].
land, such further charges us
may be agreed upon between the
said High Contn1cting Parties and
their Allies. towards the final and
satisfactory sett!rmcnt of the Low
Countries in union with Hollaud,
and under the dominion of the
House of Oran::;e, 1,ot exceeding,
in tl1e wh()!e, \lie sum of
£3,000,000, to be ddrnyed hy
Great Britain.
In consideration, and in sntis{
1\Ction of the above engagements,
ii est entendu que la Hollande sera
temH:·, a.pres la dire Reunion, tle
fonmir conformement aux dites
stipulations; Jes Hautes Parties
Contractantea sont con venues par
le present Article, que Sa M ajeste
Britannique prendra sur elle et
s'engagera a defrayer les <lepenses
suivantes:
I. Le paiement de 1,000,006
de livres sterling a la Suede, pour
sa tisfaire aux dem nodes susdi t es,
et en consequence d'une Conveution
conclne et signee a cet elfet,
ce jourd'hui, avec le Plenipoten•
tiaire de Sa Majrste Suedoise, et
de laquelle Convention une Copie
est annexee aux rresen& Articles
A 1ldition nds.
2. U oe somme de 2,000,000 de
]ivres sterlings, destin~e a el re employee,
1le concert av cc le P ri nee
Sou v era i II des Prov inc es Un ies
dt>s Pays Bas, et en sus d"une
sornme e1;ale a fournir par ce
Prince, a augmenter et a fortifier
la ligne de rlefeuse des Pays Bas.
3. A supporter, cunjointemeut
et en portion egale 1Hec la Hollande,
tels frais u!tfrieurs qui
pourron l etre reg \es et arreles
d'un commun accord entre Jes
dites Hautes Parties Contrnctantes
et leurs Alliees, dans le hut de
consolidrr et d'etablir finaleoH'nt
d'une mauiere satisfoisante !'union
dts Pays Bas r.vec la Holiandc,
sons la domination de lfl Maison
d;Orang'e; la dite somme a fourni•r
par la Grande Bretagne comme
sa ljuote-part, ne devant pas M•
ceder3,000,000 de livres sterlings.
En consideration des engagemens
ci-dessn~ mentionues pris
as taken by His Brita11nic Majesty,
tLe Pri nee Sovereign of The
Netherlands Rgrees to cede in foll
Sorereig-nty to His Britannic :Majesty,
the Cape of Good Hope,
and lhe .Settlemen 1s of Demerara,
Essequibo, and Berbice, upon the
condition, nevertheless, that the
Subjects of the said S01ereign
Prince, being Proprit:tors in the
aaid Colonies or Settlements, shall
be at lilie1·ty ( under such regulations
as may hereafter be 11gro:ed
upon in a Supplementary Convention)
to carry on trade bt>t•·eeu
the said Settlements and the Territories
in Europe of !he said
Sovereign Prince.
It is also agreed between lhe 2
High Contracting Parties, that the
Ships of every kintl bc:lollging to
Hollau<I, slrnll lmve permission to
resort freely Lu tlu: C11pe of Good
Hope for the purpoS<'S of refreshment
au,I rnpairs, 11·i1lwut being
liable to otl1er charges than such
as Briti,;h Subjects are required
to pay.
II. The small District of Bernagore,
situated close to Calcutta,
being requisite to the due pre~r'
fation of the peace and Police of
that City, the Prince of Orange
agrees to cede the said District lo
His Bntannic Majesty, uron a
payment of such sum annually lo
His Royal Highness as nwy be
considered, by Commissiouen; to
be appointed by the respective
Governments, to be just and reasonable,
with n·ference to the profit.
11 or revenue usually deriverl by
the Dutcb Government from the
5ame.
par Sa Majeste Britannique, le
Prince Souverain des Pays Bas
conseut a ceder en toute Souverainete
i Sa Majeste Britanuique,
le Cap de Bonne Esperauce, et
Jes Etablissemens de Demerara,
Essequibo, et Berbice, a condition
ueanmoins que \es Sujets de Sa
dite Altesse Roy ale le Prince Sauve-
rain, etant Proprietaires llans
]es dites Colonies ou Etablissemeus,
auront la faculte (s11.ul tel11
re-glemens dont on con~iendra ciapres
par uue Conventio11 Supplementaire)
de naviguer et de trafiquer
entre Jes dits Etablissemens
et Jes Terri toires du dit Prioce
Souverain en Europe-
Les Hautes Pa.niu Contractantes
sont aussi convenues, qt1e
les N avirl'S de toute espect! nppartenant
a l.i Holl.iwle, seront arlmis
liuremeut au Cap de Buuue Espernnce
pour s'y procurer cfrs
rafraichissem, ns et les repari,,tiuns
clont ils pourroieut avoir besoin,
sans avoir pour eel a d"autres droits
a payer que Ct'UX exiges dt;> Sujets
Anglais.
II. Le petit District de Bernagore,
situe pres de 1a Ville de
Calcutta, elant necessaire pour
assurer la tranquillite et la Police
de cettc Ville, le Prince d'Orang11
consent a ci:rler le dit Distrid a
Sa M aj~ste Britaunit:iue, contre le
paieme11t anuuel a Son Altesse
Royale, de telle somme qui, au
jugeme11tde Commissaires a 110,11-
mer tle part et d'autre, sen1. trouvee
juste et raisonnable, {'ll egard
aux profits ou revenu ordinairement
pcn;:u par le Gouvernemrnt
Hollanduis rlans le District en
question.
32 9
3 30 CONSOL ID ATE D TREATY SER I ES
Ill. The present Addi!ional
Articles shall have the same force
and validity as if they were inserted
word for •ord in the Conven!ion
signed tLis day. They shall be
ratifie-d,and 1he Hatifications shall
be l'xcbanged at the same time
and place.
In witness whereof, we, the Undersigned
Plenipotentiaries, have
tii:t·ned and affixed to them the
Seal of our Arms.
Done at London, this 13th day
of August, lBU.
(L.S.) CASTLEREAGH.
(L.S.) H. FAGEL.
III. Les presens Articles Additionuels
auront la meme force
et valeur que s'ils etoient inseres
mot-a-mot dans la Convention
signee aujourd'hui. lls seront
rntififs, P.t Jes Ruti6calions en seroot
ech1111gies en mtme lems et
lieu.
En foi de quoi, nous, Soussignes
Plenipotentiaires, Jes avons signes
et y avona appose le Sceau de nos
Armes,
·Fait a Londres, le 13eme
d'Aofit, 1814-.
(L.S.) CASTLEREAGH.
(L.S.) H. FAGEL.
ANNEXMM2
Agreement between the Honourable East India Company and
the Temenggong of Johore, 30 January 1819, 69 CTS 480
(English text)
480 CONSOLIDATED TREATY SERIES
ENGLISH TEXT
SIR STAMFORD RAFFLES' AGREEMENT OF 30TH JANUARY, 18'19.
Agreement made by the Dato Tumunggung Sree
Maharajah, Ruler of Singapore, who governs the country of
Singapore and all the islands which are under the government
of Singapore in his own name and in the name of Sree Sultan
Hussein Mahummud Shah, Rajah of Johore with Sir Thomas
Stamford Raffles, Lieutenant-Governor of Bencoolen and its
dependencies on behalf of the Most Noble the Governor-General
of Bengal.
On account of the long existing friendship and commercial
relations between the English Company and the countries
under the Authority of Singapore and Johore it is well to
arrange these matters on a better footing never to be broken.
ARTICLE I.
The English Company can establish a factory Qogi)
situated at Singapore or other place in the Government of
Singapore~ Johore.
ARTICLE II.
On account of that the English Company agree to protect
the Dato Tumunggung Sree Maharajah.
ARTICLE Ill.
On account of the English Company having the ground
on which to make a factory they will give each year to the Dato
Tumunggung Sree Maharajah three thousand dollars.
ARTICLE IV.
The Dato Tumunggung agrees that as long as the English
Company remain and afford protection according to this
Agreement he will not enter into any relations with or let any
other nation into his country other than the English.
ARTICLE V.
\Vhenever the Sree Sultan, who is on his way, arrives
here, all matters of this agreement will be settled, but the
English Company can select a place to land their forces and
al! materials and hoist the English Company's flag,_ On
this account we each of us put our hands and chops on this
paper at the time 1t is written on the 4th day of Ratiil Akhir in
the year 1234.
Seal of the East India Company_
(Signed) T. S. RAFFLES.
Chop of the TUMUNGGUNG.
TREATY of FRIENDSHIP and ALLIANCE concluded between the
Honourable SIR THOMAS STAMFORD RAFFLES_, lieutenantGovernor
of Fort Marlborough and its dependencies,
Agent to the Most Noble FRANCIS, MARQUIS OF I·:IAsT°INGS,
Governor-General of India, &c., &c., &c., for the HONOURABLE
ENGLISH EAST INDIA COMPANY on the one part,
and their HIGHNESSES SULTAN HUSSAIN MAHUMMED
SHAH, Sultan of Johore, and DAT0O TUMUNGONG SRI
MAHARAJAH ABDUL_-RAHMAN, Chief of Singapore and its
dependencies, on the other part.
ARTICLE I.
The Preliminary Articles of Agreement entered into on
the 30th of January, 1819, by the Honourable Sir Stamford
Raffles, on the part o.f the English East India Company, and
by Datoo Tummungong Sri Maharajah Abdul Rahman, Chief
of Singapore and its dependencies, for himsel.f and for Sultan
ANNEX MM 3
Treaty of Friendship and Alliance between Sir Stamford
Raffles and Sultan Hussain Mahummad Shah, Sultan of Johore
and Dato Temenggong Sri Maharajah Abdul-Rahman, 6
February 1819, 69 CTS 481
ARTICLE II.
On account of that the English Company agree to protect
the Dato Tumunggung Sree Maharajah.
ARTICLE Ill.
On account of the English Company having the ground
on which to make a factory they wiII give each year to the Dato
Tumunggung Sree Maharajah three thousand dollars.
ARTICLE IV.
The Dato T umunggung agrees that as long as t.he English
·Company remain and afford protection according to this
Agre:ement be will not enter into any relations with or let any
other nation into his country other than the English.
ARTICLE V.
·whenever the Sree Sultan, who is on his way, arrives
here, all matters of this agreement will be settled, but the
English Company can select a place to land their forces and
all materials and hoist the English Company's flag,. On
this account we each of us put our hands and chops on this
paper at the time it is written on the 4th day of Rabil Akhir in
the year 1234.
Seal of the East India Company.
(Signed) T. S. RAFFLES.
Chop of the TUMtJNGGUNG.
TREATY of FRIENDSHIP and ALLIANCE concluded between the
Honourable SIR THOMAS STAMFORD RAFFLES, LieutenantGovernor
of Fort Marlborough and its dependencies,
Agent to the Most Noble FRANCIS, MARQUIS OF HASTINGS,
Governor-General of India, &c., &c., &c., for the HONOURABLE
ENGLISH EAST !NOIA COMPANY on the one part,
and their HIGHNESSES SULTAN HUSSAIN MAHUMMED
SHAH, Sultan of Johore, and DATOO TuMUNG0NG SRI
MAHARAJAH ABDUL-RAHMAN, Chjef of Singapore and its
dependencies, on the other part.
ARTICLE I.
The Preliminary Articles of Agreement entered into on
the 30th of January, 1819, by the Honourable Sir Stamford
Raffles, on the part of the English East India Company, and
by Datoo Tummungong Sri Maharajah Abdul Rahman, Chief
of Singapore and its dependencies, for himself and for Sultan
482 CONSOLIDATED TREATY SERIES
Hussain Mahummed Shah, Sultan of Johore, are here-by
entirely approved, ratified, and confirmed by His Highness
the aforesaid Sultan Mahummed Shah.
ARTICLE II.
In furtherance of the objects contemplated in the said
Preliminary Agreement, and in compensation of any and all
the advantages which may be foregone now or hereafter by
His Highness Sultan Hussain Mahummed "Shah, Sultan of
Jo'hore, in consequence of the stipulations of this Treaty, the
Honourable English East Jndia Company agree and engage
to pay 'to his aforesaid Highness the sum of Spanish Doi!ars
five thousand annually, for, and during the time that the said
Company may, by virtue of this Treaty, maintain a factory
or factories on any part of His Highness' hereditary dominions,
and .the said Company further agree to afford· their protection
to His Highness aforesaid_ as long as he may continue to reside
in the immediate vicinity of the places subject to their authority:
It is however clearly explained to, and understood by
His Highness, that the English Government, in entering into
this Alliance, and in lhus engaging to afford protection to
His Highness, is to be considered in no way bound to interfere
with the internal politics of his States, or engaged to assert
or maintain the authority of His Hig_hness by force of arms.
ARTICLE Ill.
His Highness Datoo Tummungong Sri Maharajah Abdul
Rahman, Chief of Singapore and its dependencies, having by
Preliminary Articles of Agreement entered into on the 30th
of January, 1819, granted his full permission to the Honourable
English East India Company to establish a factory or
'factories at Singapore, or on any other part of His Highness'
dominions, and the said Company having, in recompense and
in return for the said grant, settled on His Highness the
yearly sum of Spanish Dollars three thousand, and having
received His Highness mto their alliance and protection, all
and every part of the said Preliminary Articles is hereby confirmed.
ARTICLE IV.
His Highness the Sultan Hussain Mahummed Shah,
Sultan of Johore, and His Highness Datoo Tummungong Sri
_ Maharajah Abdul Rahman, Chief of Singapore, engage and
agree to aid and assist the Honourable East India Company
<lgainst all enemies that may assail the factory or factories
of the said Company established, or to be established, in the
dominions of their said Highnesses respectively.
ARTICLE V.
His Highness the Sultan Hussain Mahummed Shah,
Sultan of Johore, and His Highness Datoo Tumungong Sri
Mahar~jah Abdul Rahman, Chief of Singapore, agree,
.promise, and bind themselves, their heirs and successors, that
for as long time as the Honourable the English East India
Company shall continue to hold a factory or factories on
any part of the dominions subject to the authority of their
Highnesses aforesaid, and shall continue to afford to their
Highnesses support arid protection, they, their said Highnesses,
will not enter into any Treaty wi.th any other nation, and
will not admit or consent to the settlement in any part of their
dominions of any other power, European or American.
ARTICLE VI.
All persons belonging to the English factory or factories,
or who shall hereafter desire to place themselves under the
protection of its flag, shall be duly registered and considered
as subject to the British authority.
ARTICLE VU.
The mode of admimstrating justice to the. native population
shall be subJect to future discussion and arrangement
between the contracting parties, as this will necessarily, in a
great measure, depend on the laws and usages of the various
tribes who may be expected to settle in the vicinity of the
English factory.
ARTICLE VlII.
The Port of Singapore is to be considered under the
immediate protection and subject to the regulations of the
British authorities.
ARTICLE IX.
, With regard to the Duties which it may hereafter be
deemed necessary to levy on goods, merchandize, boats or
vessels, His Highness Datoo Tumungong Sri Maharajah
Abdul Rahman is to be entitled to a moiety or full half of all
the amount collected from native vessels.
The expenses of the port and of the collection of Duties
is to ·be defrayed by the British Government.
Done and concluded at Singapore, this 6th day of Feb•
ruary, in the year of Our Lord I 8 I 9, answering to the I 9th
day of the month Rabi-al,-Ahkir and year of the Fiejira 1234.
(Signed) T. S. RAFFLES,
Agent to the Most Noble the
Governor~General for the States·
of Rhio, Singapore and f ohore.
482 CONSOLIDATED TREATY SERIES
Hussain Mahummed Shah, Sultan of Johore, are hereby
entirely approved, ratified, and confirmed by His Highness
the aforesaid Sultan Mahummed Shah.
ARTICLE II.
In furtherance of the objects contemplated in the said
Preliminary Agreement, and in compensation of any and all
the advantages which may be foregone now or. hereafter by
His Highness Sultan Hussain Mahurnmed Shah, Sultan of
·Johore, in consequence of the stipulations of this Treaty, the
~_H_onourable English East India Company agree and engage
.to ,pay to his aforesaid Highness the sum of Spanish Dollars
:five thousand annually, for, and during the time that the said
Company may, by virtue of this Treaty, maintain a factory
or factories on any part of His Highness' hereditary dominions,
and the said Company further agree to afford" their protection
to His Highness aforesaid as Jong as he may continue to reside
m the immediate vicinity of the places subject to their authority:
It is however clearly explained to, and understood by
His Highness, that the English Government, in entering into
this Alliance, and in thus engaging to afford protection to
His Highness, is to be considered in no way bound to interfere
with the internal politics of his States, or engaged to assert
or maintain the authority of His Hig.hness by force of arms.
AR TI CLE II I.
His Highness Datoo Tummungong Sri Maharajah Abdul
Rahman, Chief of Singapore and its dependencies, having by
Preliminary Articles of Agreement entered into on the 30th
of January, I 8 I 9, granted his full permission to the Honourable
English East India Company to establish a factory or
factories at Singapore, or on any other part of His Highness'
dominions, and the said Company having, in recompense and
m return for the said grant, settled on His Highness the
year 1 y sum of Spanish Dollars three thousand , and having
received His Highness into their alliance and protection, all
and every part of the said Preliminary Articles is hereby confnmed.
ARTICLE IV.
His Highness the Sultan Hussain Mahummed Shah,
Sultan of Johore, and His Highness Datoo Tummungong Sri
Maharajah Abdul Rahman, Chief of Singapore, engage and
agree to aid and assist the Honourable East India Company
against a11 enemies that may assail the factory or factories
of the said Company established, or to be established, in the
dominions of their said Highnesses respectively.
ARTICLE V.
His Highness the Sultan Hussain Mahummed Shah,
Sultan of Johore, and His Highness Datoo Tumungong Sri
1819
Mahar?jah Abdul Rahman, Chief of Singapore, agree,
promise, and bind themselves, their heirs and successors, that
for' as long time as the Honourable the English East India
Company shall continue to hold a factory or factories on
any part of the dominions subject to the authority of their
Highnesses aforesaid, and shall continue to afford to their
Highnesses support and protection, they, their said Highnesses,
will not enter into any Treaty w~th any other nation, and
will not admit or consent to the settlement in any part of their
dominions of any other power, European or American.
ARTICLE VI.
:A\l persons belonging to the English factory or factories,
or "Yhb sna:11 hereafter desire to place themselves under the
protection of its flag, shall be duly registered and considered
as subject to the British authority.
ARTICLE VII.
The mode o.f administrating Justice to the native population
shall be subject to future discussion and arrangem.ent
between the contracting parties, as this will necessarily, in a
great measure, depend on the laws and usages of the various
· tribes who may be expected to settle m the vicinity of the
English factory.
ARTICLE VIII.
The Port of Singapore is to be considered under the
immediate protection and subject to the regulations of the
British authorities.
ARTICLE JX .
. With regard to the Duties which it may hereafter be
deemed necessary to levy on goods, merchandize, boats or
vessels, His Highness Datoo Tumungong Sri Maharajah
Abdul Rahman is to be entitled to a moiety or full half of all
the amount collected from native vessels.
The expenses of the port and of the collection of Duties
is to be defrayed by the British Government.
Done and concluded at Singapore, this 6th day of February,
in the year of Our Lord 1819, answering to the 19th
day of the month Rabi-al-Ahkir and year of the Hejira 1234.
(Signed) T. S. RAFFLES,
Agent to the Most Noble the
Governor-General for the States·
of Rhio, Singapore and f ohore.
ANNEX MM 4
Arrangements Made for the Government of Singapore,
Singapore, 26 June 1819, 70 CTS 202
202 C O NS O L I DA T ED TR EAT Y SE R I ES
ARRANGEMENTS MADE FOR THE GOVERNMENT OF SINGAPORE,
IN JUNE, 18r9.
Be it known to all men, that we, the Sultan Hussain
Mahomed Shah, Ungko Tumungong Abdool Rahman,
Governor Raffles, and Major William Farquhar, have hereby
entered into the following. arrangements and regulations for
the better guidance of the people of this Settlement, pointing
out where all the different castes are severally to reside, with
their families, and captains, or heads of their campongs.
ARTICLE I.
The boundaries of the lands under the control of the
English are as follows: from Tanjong Malang on the west, to Tan jong Katang. on the east, and on the land side, as far
as the range of cannon shot, all round the factory. As many
persons as reside within the aforesaid boundary, and not
within the campongs of the Sultan and Tumungoflg, are all
to be under the control of the Resident, and with respect to
the gardens and plantations that now are, or may hereafter be,
made; they are to be at the disposal of the Tumungong, as
heretofore; but it is understood, that he will always acquaint
the Resident of the same.
ARTICLE II.
It is directed that all the Chinese move over to the other
side of the river, forming a campong from the site of the large
bridge down the river, towards the mouth, and all Malays,
people belonging to the Tumungong and others, are also to
remove to the other side of the river, forming their cam pong
from the site of the large bridge up the river towards the
source.
ARTICLE III.
All cases which may occur, requiring Council in this Settlement,
they shall, in the first instance, be conferred and
deliberated upon by the three aforesaid, and when they shall
have been decided upon, they shall be made known to the
inhabitants, either by beat of gong or by proclamation.
ARTICLE IV.
Every Monday morning, at JO o'clock, the Sultan, the
Tumungong, and_ the Resident shall meet at the Rooma
Bechara; but should either of the two former be incapable of
attending, they may send a Deputy there.
ARTICLE V.
Every Captain, or head of a caste, and all Panghulus
of campongs and vzJlages, shall attend at the Rooma Bechara,
and make a repart or statement of such occurrences as may
have taken place in the Settlement, and represent any. grievance
or complaint that they may have to bring before the
Council for its consideration on each Monday.
ARTICLE VI.
If the Captains, or heads of castes, or the Panghulus of
campongs, do not act justly towards their constituents, they
are permitted to come and state their grievances themselves to
the Resident at the Rooma Bee.hara, who is hereby authorized
to examine and decide thereon.
ARTICLE VII.
No Duties or Customs can be exacted, or farms established
in this Settlement without the consent of the Sultan,
the Tumungong, and Major William Farquhar, and without
the consent of these three nothing can be arranged.
In confi.rmation of the aforesaid Articles, we, the undersigned,
have put our seals and signatures, at Singapore, the.
2rid day of the month of Ramzan, 1234, answering to 26th
June,. 1819.
Seal of the SULTAN.
Seal of the TUMUNGONG.
[L.S.J (Signed) T. 5. RAFFLES.
[LS.] (Signed) W. FARQUHAR.
True translation.
(Signed) W. FARQUHAR,
Late Reside1tt.
203
ANNEX MM 5
Treaty between His Britannick Majesty and the King of the
Netherlands, Respecting Territory and Commerce in the East
Indies, London, 17 March 18241 74 CTS 88
88 CONSOLIDATED TREATY SERIES
ENGLISH/DUTCH
TEXTS
':In, the Name of the Most
Holy and Undivided Trinity,
HIS Majesty the King of
the United Kingdom of Great
Britain and Ireland, and His
Majesty the King of the Netherlands,
desiring to place
upon a footing, mutually beneficial,
Their respective Possessions
and the Commerce of
Their Subjects in the· East
Indies, so that the welfare and
prosperity of both Nations
may be promoted, in all time
to come, without those differences
and jealousies which
have, in former times, interrupted
the harmony wliich
o.ught always to subsist between
Them; and being anxious
that all occasions of misunderstanding
between Their
"·respective Agents may be, as
much as possible, prevented;
and in order to determine certain
questions which have occurred
in the execution of the
Convention made at London
In den Naam der Allerheiligste
en Onverdeelbare
Drieenight:id,
Zyne Majesteit de Koning
van het Vereenigde Koningrjk
van Groot Britanje en
Ierland, en Zjne Majesteit de
Koning der N ederfanden,
verlangende hunne respectieve
bezit tingen en den handel
Hunner onderdanen in Oost
lndie op eenen wederkeerig
voordeeligen voet te brengen,
zoo dat de welvaart en voorspoed
der beide N atien voortaan
ten alien tjde bevorderd
kunnen worden zondor die
oncenigheden en na yver welke,
in vroeger dagen, de goede
verstandhouding gestoord hebben
die steeds tusschen dezelze
behoort te bestaan, en
willende, zoo veel mogel_yk,
alle aanleiding tot misverstand
tusschen H unne respectieve
Agenten v66rkomen, als mede,
ten einde zekere punten van
verschil te regelen welke zich
hebben opgedaan by het ter,
on the 13th of August, 1814,
in so far as it respects the
Possessions of His Netherlands
Majesty in the East, have
nominated Their Plenipatentiaries,
that is to say:-
His Majesty the King of
the United Kindgom of Great
Britain and Ireland, tl1e
Right Honorable George
Canning, a Member of His
said Majesty's Most Honorable
Privy Council, a Member
of Parliament, and His said
Majesty's Principal Secretary
of State for Foreign Affairs;
and the Right Honorable
Charles Wat kin Williams
Wynn, a Member of His sai<l
Majesty's Most Honorable
Privy Council, a Member of
Parliament, Lieu tenant-Colonel
Commandant of the
Montgomeryshire Regiment
of Yeomanry Cavalry, and
President of His said Majesty's
Board of Commissioners for
the Affairs of India :
. And His Majesty the
King of the Netherlands, Baron
Henry Fagel, Member of
the Equestrian Corps of the
Province of Holland, Counsellor
of State, Knight Grand
Cross of the Royal Order of
the Bclgie Lion, and of the
Royal Guelphic Order, and
Ambassador Extraordinary and
uitvoer leggen van de Conventie
den 13 Augustus, 1814, te
London gesloten, ·voor zoo ver
dezelve betrekking heeft tot de
bezittingen van Zyne Ma;esteit
den Koning <ler Nederlanderiin
Oost lndie, hebben tot
Gevolmagtigden benoemd, te
weten:-
Zyne Majestcit de Koning
van Groot Britanje, den Heer
George Canning, Lid van
Zyner Majesteits Geheimen
Raad, en van het Parlement,
mitsgaders Hoogstdeszelfs
eersten Seeretaris van Staat
voor de Buitcnlandsche Zaken;
en den Heer Charles Watkin
Williams Wynn, Lid van
Zyner Majesteits Geheimen
Raad, en van het Parlement,
Lieutenant-Kolonel Kommanderende
het Regiment
Vrywilligers te paard van bet
Grnafschap Montgomery, mitsgaders
President van bet
Kollegie van Kommissarissen
voor de lndische Zaken :-
En Zyne Majesteit de Koning
der Nederlanden, den
Baron Hendrik Fagel, Lidder
Ridderschap van de Provincie
Holland, Staatsraad, GrootKruis
der Kodinglyke Orden
van den N ederlandschen
Leeuw, en der Guelfen, mits-gaders
Hoogstdeszel£s Ex.traordinaris
Ambassadeur en
90 C O N S O L I D AT ED TR EAT Y S E R I E S
Plenipot;entiary of His said
Majesty to His Majesty the
King of Great Britain; and
Anton Reinhard Falck, Commander
of the Royal Order of
the Belgic Lion, and His said
Majesty's Minister of the Department
of Public Instruction,
National Industry, and Colomes;-
Who, after having mutually
communicated their Full
Powers, found in good and
due form, have agreed on the
following Articles:
I. The High Contracting
Parties engage to admit the
Subjects of each other to
trade with Their respective
Possessions in the Eastern
Archipelago, and on the Continent
of India, and in Ceylon,
upon the footing of the most
favoured Nation; Their respective
Subjects conforming
themselves to the local Regulations
of each Settlement.
2. The Subjects and Vessels
of one Nation shall not
pay, upon importation or exportation,
at the Ports of the
Other in the Eastern Seas,
any duty at a rate beyond the
double of that at which the
Subjects and Vessels of the
Nation to which the Port
belongs, are charged.
The duties paid on exports
Plenipotentiaris aan het Hof
van London; en den Heer
Anton Reinhard Falck, Kommandeur
der Koningl yke Orden
yan den N ederlandschen
Leeuw, en Minister voor het
Publicke onderwys, de Nationale
Nyverheid, en de Kolonien
;-
De welke, na wederzYdsche
mededeeling van hunne volmagten,
die in goeden en behoorl
y ken vonn bevonden zjn,
de volgende Artikelen hebben
vastge'steld;
1. De Hooge Contracterende
Partyen verbinden zich
om in hunne respectieve bezittingen
in den Oosterschen
Archipel, en op het vaste land
van Indie, en op Ceylon, elkanders
onderdanen ten handel
toetelaten op den voet der
meest bcgunstigde Natie ; wel
verstaande dat de wederzydsche
onderdanen zich zullen
gedragen overeenkomstig
de plaatzelyke verordeningen
Yan elke bezitting.
2. De onderdanen en schepen
van de eene Natie zullen,
by den in-en uitvoer in en van
de havens der andere in de
Oostersche Zeeen, geene regten
betalen hooger dan ten bedrage
van het dubbelde van die,
waarmede de onderdanen en
schepen <ler Natie aan welke de
haven toebehoort, belast zyn.
De regten voor den in -of
or imports at a British Port,
on the Continent of India, or
in Ceylon, on Dutch bottoms,
shall be arranged so as, in no
case, to -be charged at more
than double the amount of the
duti_es paid by British Subject~,
and on British bottoms.
In regard to any article
upon which no duty is imposed,
when imported or exported
by the Subjects, or on
the Vessels, of the Nation to
which the Port belongs, the
duty charged upon the Subjects
or Vessels of the Other,
shnll, in no cnse, exceed six
per cent.
3. The High Contracting
Parties engage, that no Treaty
hereafter made by Either, with
any Native Power in the
Eastern Seas, shall contain
any Article tending, either
expressly, or by the imposition
of unequal duties, to exclude
the Trade of the other Party
from the Ports of such Native
Power: and that if, in any
Treaty now existing on either _
Part, any Article to that effect
has been admitted, such Artic;
le shall be abrogated upon
t.he conclusion of the present
Treaty.
uifroer, met Nederlandsche
bodems, in eene Britsche
haYen, op bet vaste land van
lndie, of op Ceylon, betaald
wordende ·zullen in ; dezer
voege worden gewyzigd, dat
deswege, in geen geval, meer
berekend worde dan bet dubbelde
der regten door Britsche
onderdanen, en voor Britsche
bodems, te betalen.
Met betrekking tot die
artikelen op wellrn geen regt
gesteld is, wanneer z'j worden
in-of uitgevoerd door de onderdanen
of in de schepen der
Natie aan welke de hann toe..:
behoort zullen de regten aan
de ondcrdanen der andcre optclcggen,
in geen gcval, mecr
bcdrngcn clan zcs ten hondcrd.
3. De Hooge Contracterende
Part'jen beloven dat
geen 'fractaat, voortaan, door
een derzelve met cenigen
Staat in de Oostersche Zeeen
te maken, eenig Artikel behelsen
zal, strekkende, bet zy
regstreeks, het zy door oplegging,
van ongel'jke regten, om
den koophandel der andere
Party van de havens van zoodanigen
inlandschen St.a.at uitt.
esluiten, en dat, by aldien in
eene der thans aan weerskanten
best.a.an de overeenkomsten,
eenig Artikel met die hedoeling
is opgenomen geworden zoodanig
Artikel_, by het sluiten des
tegenwoordigen tractaats, bui-:
ten effect gesteld worden zal.
91
92 C O N S O L I D A. T ED T R EAT Y S E R I E S
It is understood that, before
the conclusion of the present
Treaty, communication
has been made by each of the
Contracting Parties to the
Other, of all Treaties or Engagements
subsisting between
Each of Them, respectively,
and any Natil·e Power in the
Eastern Seas ; and that the
·like communication shall be
made of all such Treaties concluded
by Them, respectivt!ly,
hereafter.
4. Their Britannick and
Netherlands Majesties engage
to give strict Orders, as well
to Their Civil and Military
Authorities, as to Their Ships
of War, to respect the freedom
of Trade, established by Articles
1, 2, and 3; and, in no
case, to impede a free communication
of the Natives in the
Eastern Archipelago, with the
Ports of the Two Governments,
respectively, or of the Subjects
of the Two Governments with
the Ports belonging to Native
Powers.
5. Their Britannick and
Netherlands Majesties, in like
manner, engage to concur effectually
in repressing Piracy
in those Seas: They will not
grant either asylum or protection
to Vessels engaged in
Piracy, and They will in no
case permit the Ships or Mer-
Over en weder in verstaan
dat, v66r het sluiten van dit
Tractaat, door elke der Contracterende
Partjen aan de
andere mededeeling is gedaan
van alle tractaten of verbindtenissen
tusschen dezelve respectievel
_yk en eenige Inlandsche
Regering in de Oostersche
Zee en bestaande, en dat gel jke
mededeeling geschieden zal van
al zoodanige verbindtenissen,
in het vervolg, door dezelve
respectievelyk antegaan.
4. Hunne Groot Britannische
en Nederlandsche Majesteiten
beloven stellige bevelen
te geven, zoo wel aan
hunne burgerlyke en militaire
beambtcn, als a.an hunne oorlogschepen,
om de vryheid van
handel, by Art. l, 2, en 3, vastgesteld,
te eerbiedigen en, in
geen geval hinder toetebrengen
aan de gemeenschap der
inbooriingen van den Oostersche
Archipel met de havens
der twee Gouvemementen respectievelyk,
noch aan die der
wederzydsche onderdanen met
de havens toebehorende aan
inlandsche Regeringen.
5. Hunne Groot Britannische
en Nederlandsche Majesteiten
verbinden zich, in
gelyker voege, om krachtdadig
bjitcdragen tot het beteugelen
der zeerovery in die Zeeen.
Zy zullen geene schuilplaats
of bescherming verleencn aan
vaatuigen met welken Zeeroof
chandize captured by such
Vessels to be introduced, deposited,
or sold, in any of
Thei, Possessions.
. 6. It is agreed that Orders
s~aU be given by the two Goverriments
to Their Officers
and Agents in the East, not to
form any new Settlement on
any of the Islands in the Eastern
Seas, without previous authority
from their respective
Governments in Europe.
7- The Molucca Islands,
and especially Amboyna, Banda,
Ternate, and their immediate
Dependencies, are excepted,
from the operation of
the 1, Z, 3, and 4 Articles until
the Netherlands Government
shall think fit to abandon
the Monopoly of Spices;
but if the said Government
sl1aU, at any time previous to
such abandonment of the m0-
nopoly, allow the Subjects . of
any Power, other than a Native
. Asiatic Power, to carry on any
Commercial Intercourse with
the said Islands, the Subjech
of His Britannick Majesty
shall be admitted to such Intercourse,
upon a footing precisely
similar.
8. His Netherlands Majesty
bedreven wordt, en znllen in
geen geval, veroorloven dat
schepen of goerderen, door
zulke vaartuigen buit gemaakt,
in eenige V[Ql hunne
bezittingen ingevoerd, beward,
of verkocht warden.
6. Er is overeengekomen
dat door beide Gouvemmenten
·aan Hunne Officieren en
Agent.en in Oost-lndie bevel
zal worden gegeven om geen
nieuw kantoor op een der
Oostersche Eilanden opterigten,
zonder voorafgaande magtiging
van hunne respectieve
Gouvernementen in Europa.
7. Van de toepassing der
Artikelen I, 2, 3, en 4, warden
de Muluksche Eilandcn., en
speciaal Ambun, Dantla, en
Tcrnate, met derzclvcr onrniddel,
Yke onderhourigheden,
uitgezonderd, tot tYd en wjle
het N ederlandsch Gouvernement
raadzaam oordeelen zal
van den alleenhandel in Specer,
Yen aftezien; maar zoo dit
Gouvernement immer, voor
zoodanige afschaffing van den
alleenhandel, aan de onderdanen
van eenige Mogendheid,
anders clan een inlandschen
Aziatischen Staat, veroorlooven
mogt eenig handelsverkeer met
die Eilanden te onderhouden,
zullen de onderdanen van Zjne
Britsche Majesteit op een volstrekt
gel jken voet tot zoodanig
verkeer warden toegelaten.
8. Zjne Majesteit de Koning
93
94 C O N S O L I DATED T R EAT Y S E R I E S
cedes to His Britannick Majesty
all His Establishments
on the Contin_ent of India;
and renounces all privileges
and · exemptions enjoyed or
claimed in virtue of those Establishments.
9. The Factory of Fort
Marlborough, and all the Engl~
h Possessions on the Island ' .
0£ Sumatra, are hereby ceded
to His Netherlands Majesty :
and His Britannick Majesty
further engages that no British
Settlement shall be formed on
that Island, nor any Treaty
concluded by British Authority,
with any Native Prince, Chief,
or State therein.
10. The Town and Fort of
Malacca, and its Dependencies,
are hereby ceded to His
Britannick Majesty; and His
Netherlands Majesty engages,
for Himself and His Subjects,
never to form any Establishment
on any part of the Peninsula
of Malacca, or to conclude
any Treaty with any Native
Prince, Chief, or State therein.
11. His Britannick Majesty
withdraws the objections which
have been made to the occupader
N ederlanden staat aan Zyne
Groot Britannische Majesteit
af, alle Z_yne Establissementen
op bet vaste land van lndie, en
ziet van alle voorregten en vrjstellingen
af, welke, ter zake van
deze etablissernenten, genoten,
of gereclamecrd geworden zyn.
9. De Factory van Fort
Marlborough, en al de bezittingen
van Groot Britanje op
hct Eiland Sumatra, worden
by dezen afgestaan a.an Zjne
Majesteit den Koning der Nederlanden,
en Zyne Groot
Britannische Majesteit beloofd,
dat op dat Eiland gecn Britsch
kantoor zal worden opgerigt,
noch eenig Trataat onder Britsch
gezag gesloten met eenigen
der· inlandsche vorsten, opperhoofden,
of staten op hetzelve
gevestigd.
10. De stad en vesting van
Malakka met derzelver ontlerhoorigheden
worden by dezen
afgestaan aan Z,Vne Groot
Britannische Majesteit, en
Z_yne Majesteit de Koning der
N cderlanden belooft, voorzich
en voor Zyne onderdanen,
ni.mmcr op eenig gedeelte van
het Schicreiland van Malakka
een kantoor te zullen oprigten,
of Tractaten te zullen sluiten
met eenigen der in1andsche
vorsten of staten, op dat
Schiereiland gevestigd.
I l. Zyne Groot Britannische
Majesteit ziet af van
alle vertoogen tegen het betion
of the Island of Billiton
and its Dependencies, by the
Agents of the Netherlands
Government.
12. His Netherlands Majesty
withdraws the objections which
have been made to the occupatio~
?f the Island of Singapore,
'_aby the Subjects of His
Britannick Majesty.
His Britannick Majesty,
however, engages, that no British
Establishment shall be
made on the Carimon Isles, or
on the Islands of Battam, Bint.
ang, Lingin, or on any of the
other Islands south of the
Straights of Singapore, nor
any Treaty conclude by British
Authority with the Chiefs
of those Islands.
13. All the Colonies, Possessions,
and Establishments
which are ceded by the preceding
Articles, shall be delivered
up to the Officers of the respective
Sovereigns on the 1st
of March, 1825. The fortifications
shall remain in the
state in which they shall be at
the period of the notification
of this Treaty in India; but
no claim shall be made, on
either side, for ordnance, or
stores of any description, either
left or removed by the ceding
Power, nor. for any arrears of
· revenue, or any charge of administration
whatever.
zetten van bet Eiland Billiton
en deszelfs onderhoorigheden
door de Agenten van bet Nederlandsch
Gouvehl.ement.
12. Zyne Majesteit de Koning
der NecJ,erlanden z\et af
·van alle vertoogen tegen bet
bezetten van bet Eiland Sinkapoor
door de onderda~en
van Zyne Groot Britannische
Majesteit.
Daarentegen belooft Zyne
Groot Britannische Majesteit
dat gecn Britschkantoor zal
worden opgerigt op de Carimoris
Eilanden, of op de Eilanden
Battam, Bintang, Lingin,
of op eenig dcr anderen
Eilanden liggende ten zuiden
van Straat Sinkapoer, en dat
met derzelver opporhoofden
geene Trn.ctaten onder Britsch
gezag gesloten zullen worden,
13. Al de Kolonien, bezittingen,
en etablissementen,
die, by de vorenstaade Artikelen
worden afgestaan, zullen
aan cle Officieren der respectieve
Souvereinen overgegeven
worclen op den I
Maart, 1825. De Vestingen
zullen blyven in den toestand
in welke zy zich zullen bevinden
ten tjide van het bekend
worden des tegenwoordigen
Tractaats in Indie, doch geene
vordering zaJ, noch aan de een·
noch aan de andere zyde, geschieden,
ter zake, bet z;y van
geschut of behoeften van eenigen
aard, door de afstaande
95
96 C O N S O L I DA T ED T R EA TY S E R I E S
14. All the inhabitants of
the Territories hereby ceded,
shall enjoy, for a period of
Six Years from the date of
the Ratification of the present
'fr~aty, the liberty of disposing,
as they please, of their
property, and of transporting
themselves, without let or hindrance,
to any Country to which
they may wish to remove.
15. The High Contracting
Parties agree that none of the
Territories or Establishments
mentioned in Articles 8, O, 10,
11, and 12, shall be, at any
time, transferred to any other
Power. In case of any of the
said Possessions being abandoned
by one of the present
Contracting Parties, the right
of occupation . thereof shall
immediately pass to the Other.
16. It is agreed that all accounts
and reclamations, arising
out of the restoration of
Java, and other Possessions,
to the Officers of His Nether ..
lands Majesty in the East Indies,-
as well those which
were the subject of a Convention
made at Java on the 24th
of June, 1817, between the
Commissioners of the Two
Mogendheid of achtergelaten
of medegomen, het zy van
a:chterstallige inkomsten, of van
lasten van bet bestuur, hoe ook
genaamd.
14. Al de ingezetenen van
de la.nden by dezen afgestaan,
zullen, gedurende den tyd van
zes jaren, te rekenen van de
Ratificatie van het tegenwoordig
Tractaat, de vryheid hebben
om, naar welgevallen, over
hun eigendom te beschikken,
en zich, zonder hinder of belet,
te begeven werwaarts zy
zullen goedvinden.
15. De Hooge Contrncterende
Part:yen komen overeen,
dat geen der landen of et.ablissementen
by Artikelen 8,
9, 10, 11, en 12, vermcld, immer
aan eenige andere Mogendheid
zal mogen overgedragen
warden. In geval <lat
eenige <lier bezettingen door
eene der thans Contracterende
Partyen verlaten wordt, zullen
hare regten tot dezelve onmiddelyk
op de andere Party
overgaan.
16. Er is overeengekomen
<lat alle rekeni.ngen of vorderingen
voortgesproten uit de
teruggave van Java en and ere
etablissementen aan de Officieren
van Zyne Majesteit den
Koning der N ederlanden in
Oost-Indie, zoo wel die welke
het onderwerp hebben uitgemaakt
eener Conventie op J ava,
den 24 Juni 1817, tussNations,
as all others, shall be
finally and completely closed
and satisfied, on the payment
of the sum of £10Q,OOO, sterling
money, to be made in
London on the part of the Netherlands,
before the expira,.
tion of the Year 1825.
17. The present Treaty shall
be ratified, and the Ratifications
exchanged at London,
within Three Months from the
date hereof, or sooner if possible.
In witness whereof, the respective
Plenipotentiaries have
signed the same, and affixed
thereunto the Seals of their
Arms.
Done at London, the
17th day of March, in the
Year of our Lord 1824.
(L.S.}GEORGE CANNING.
CHARLES WATKIN
(L.S.)WILLIAMS WYNN.
chen de Kommissarisscn der
beide N aticn gesloten, als alle
andere hoe ook gcnaamd, fi.
naal, en ten volle afgedaan
zullen zyn, behoudens de betaling
eener som van £100,000
sterling, van den kant der
Nederlanden, tc bewerkstelligen
in London v66r het einde
van het Jaar 1825.
17. H et tegenwoordige Tractaat
zal worden geratificeerd,
en de Ratificatien zullen warden
uitgewisseld te London binnen
drie maanden na dato dezes,
of eerder indicn mogelyk.
Ten oorkonden dczes hehhen
de respectievc Plenipotentiarissen
deze getekend en
met hct zcgel hunner wapenen
bckmchtigd.
Aldus gedaan te London
den I 7 Maart, in het Jaar
onzes Heeren 1824 •.
(L.S.) H. FAGEL.
(L.S.} A. R. FALCK.
Note addressed by the British Plenipotentiaries to the Plenipotentiaries
of The Netherlands.
IN proceeding to the signature of the Treaty which has been
agreed upon, the Plenipotentiaries of His Britannick Majesty
have great satisfaction in recording their sense of the friendly
and liberal spirit which has been evinced by Their Excellencies
the Plenipotentiaries of His Netherlands Majesty; and their conviction
that there is, on both sides, an equal disposition to carry
into effect, with sincerity and good faith, the Stipulations of
the Treaty, in the sense in which they have been negotiated
97
98 CONSOLIDATED TREATY SERIES
The differences which gave rise to the present discussion are
such as it is difficult to adjust by formal Stipulation: consisting,
in great part, of jealousies and suspicions, and arising out of the
acts of subordinate Agents, they can only be removed by a frank
declaration of intention, and a mutual understanding as to prin•
ciples between the Governments themselves.
The disavowal of the proceedings whereby the execution
of tlle Convention, of August 1814, was retarded, must have
satisfied their Excellencies the Netherlands Plenipotentiaries, of
the scrupulous regard with which England always fulfils Her
~gagements.
:'-_- :fh,e British Plenipotentiaries record, with sincere pleasure,
tlie ~olemn disavowal, on the part of the· Netherlands Govern.
ment, of any design to aim, either at political supremacy, or
at commercial monopoly in the Eastern Archipelago. They
willingly acknowledge the readiness with wliich the Netherlands
Plenipotentiaries have entered into Stipulations, calculated to
promote the most perfect freedom of 1'rade between the Subjects
of the Two Crowns, and their respective Dependencies, in that
part of the World.
The Undersigned arc authorized to express the full concurrence
of His Britannick Majesty, in the enlightened views of
His Majesty the King of The Netherlands.
Aware of the difficulty of adapting, at once, to a long
established system of monopoly, the principles of commercial
policy which are now laid down, the Undersigned have been
authorized to consent to the exception of the Molucca Islands
from the general Stipulation for Freedom of Trade, contained in
the Treaty. They trust, however, that as the necessity for this
e11;ception is occasioned solely by the difficulty of abrogating, at
the present moment, the Monopoly of Spices, its operation will
he strictly limited by that necessity.
The British Plenipotentiaries understand tlle term Moluccas,
as applicable to that cluster of Islands which has Celebes to
the Westward, New Guiz:iea to the Eastward, and Timor to the
Southward; b~t that these· three Islands are not comprehended
in the exception: nor would it have included Ccram, if the
situation of that Island, iri reference to the two principal Spice
Isles, ·Amboyna and Banda, had not required a prohibition of
intercourse with it, so long as the Monopoly of Spices shall be
maintained.
The Territorial exchanges which have .been thought expedient
for avoiding a collision of interests, render it incumbent
upon the Plenipotentiaries of His Britannick Majesty to make,
and. to require, some explanations with respect to the l}epende~
ts and Allies of England, in the Islai_:id from which She is
about to withdraw.
_ A Treaty concluded in the Year 18 I 9 by British Agents,
wit,}i t,he King of Acheen, is incompatible with the 3rd Article
of tbe~present Treaty. The British Plenipotentiaries therefore,
undertake that the Treaty with Acheen shall, as soon as possible
be modified into a simple arrangement for the hospitable reception
of British Vessels and Subjects in the Port of Achcen.
But as some of the Provisions of that Treaty (which has been
communicated to the Netherlands Plenipotentiaries) will be
conducive to the general interests of Europeans established in
the Eastern Seas, they trust that the Netherlands Government
will take measures for securing the benefit of those Provisions.
And they express their confidence, that no measures, hostile to
the King of Acheen, will be adopted by the uew Possessor of
Fort Marlborough.
It is no less the duty of the British Plenipotentiaries to
recommend to the friendly and paternal prutection of the Netherlands
Government, the ihterests of the Natives and Settlers,
subject to the ancient Factory of England at Bcncoolen.
This appeal is the more necessary, because, so lately as the
Year l 818, Treaties were made with the N ativc Chiefs, by
wl1ich their situation was much improved. The system of
forced cultivation and delivery of Pepper was abolished; encouragement
was given to the cultivation of Rice; the relations
between the cultivating C~ses and the Chiefs of the Districts
were adjusted; the property in the soil was recognized in those
Chiefs; and all interference in the detailed management of the
Interior was withdrawn, by remo.,.;ing the European Residents
from the Out-Stations, and substituting in their room Native
Officers. All these measures were calculated greatly to promote
the interests of the Native Inhabitants.
In recommending these interests to the care of the Netherlands
Gm·emment, the Undersigned request the Plenipotentiaries
of His Netherlands Majesty to assure their Government
that a corresponding attention will be paid, on the part of the
British Authorities, to the Inhabitants of Malacca, and the
99
rno CONSOLIDATED TREATY SERIES
other Netherlands Settlements which are transferred to Great
Britain.
In conclusion, the Plenipotentiaries of His Britannick
Majesty congratulate Their Excellencies the Netherlands Plenipotentiaries,
upon the happy termination of their Conferences.
They feel assured, that under the Arrangement -which is now
concluded, the commerce of both Nations will flourish, and that
the two Allies v.-ill preserve inviolate, in Asia, no less than in
Europe, the friendship which has, from old times, subsisted
between Them. The disputes being now ended, which, during
two Centuries, have occasionally produced irrit.ation, there will
~enceforward be no rivalry between the English and the Dutch
Nations in the Ea.st, except for the more effectual establishment
of those principles of liberal policy which both have this day
asserted in the face of the W orl<l.
The Undersigned request Their Excellencies the Plenipotentiaries
of His Netherlands Majesty 'will accept the assurances
of their distinguished consideration.
GEORGE CANNING.
CHARLES WATKIN WILLIAMS WYNN.
London, March 17, 1824.
Reply of the Netherlands Plenipotentiaries to the Note of the
Plenipotentiaries ef Great Britain,
LES Soussignes, Plenipotentiaires
de Sa Majeste le
Roi des Pays~Bas, ont trouve,
clans la Note qui vient de leur
etre remise par Leurs Excellences
Messieurs les Plenipotentia!
fes Britanniques, un
resume fidele des communications
qui avaient eu lieu a
l'epoque ou des circonstances,
independantes de la volonte
des Negociateurs, arryenerent
la suspension de leurs Conferences.
(TRA NSLA 'I'ION .)
TttE Undersigned, Plenipotentiaries
of His Majesty
the King of The Netherlands,
have found in the Note
which is just delivered to
them by Their Excellencies
the British Plenipotentiaries,
a faithful recapitulation of the
communications which had
taken place at the time when
circumstances, independent of
the will of the Negotiators,
caused a suspension of their
Conferences.
Appeles ii reprendre un
travail dont l'achevement a
toujours 6te desire de part et
d'autre avec une egale sinceri
te, les Soussignes n'ont
pas tarde a reconnaitre dans
leurs Collaborateurs, cet esprit
d'equite et de conciliation,
qui facilite !'arrangement des
questions les plus compliquees,
et auquel ils ne peuvent rendre
hommage dans un moment
plus opportun que celui qui
va sanctionner, par la signature
d'un Trait!! formel, Jes dispositions
adoptees apres le plus
mur examen, comme eminemment
utiles pour le maintien
de In honne intelligence, meme
entrc lcs Agcns inferieurs des
Puissances Contractantes.
Ce but essentiel, cette tendance
principale du Traite,
sont palpables pour tons ceux
qui en lisent avec attention
les differens Articles. Ce qui
s'y trouve expressement stipule,
semble devoir suffire pour
lever, d'un commun accord,
toute incertitude qui pourrait
·se presenter par la suite. Ce.
pendant, comme MessieuTS
les Plenipotentiaires Brit.anniques
ont cru devoir entrer dans
quelques details ulterieurs, les
Soussignes, qui, de leur cotk,
sentent !'importance de ne rien
donner au hasard, dans une
matiere. aussi interessante, ne
font aucune difficulte de les
I
Summoned to resume a
work, the completion of which
has ever been desired with
equal sincerity by both Parties,
the Undersigned have not
failed to recognize in their
Co-labourers in this work,
that spirit of equity and
conciliation which facilitates
the arrangement of the most
complicated questions, and to
which they cannot do justice
at a time more fitting than
that whjch is about to sanction,
by the signature of a formal
Treaty, the resolutions, adopted
after a most strict examination,
as eminently useful for the
maintenance of a good unclerstnncling,
even among the
inferior Agents of the Con-
- trncting Powers.
'l'his essential aim and
principal tendency of the
Treaty is evident to all who
read its different Articles
with attention. What 1s
therein expressly stipulated
ought to suffice for the removal,
by common consent, of
all uncertainty wliich might
present itself in the sequel,
However, as the British
Plenipotentiaries have considered
it necessary to enter
into some further details, the
Undersigned, who, on their
pa~ are sensible of the importance
of leaving nothing
doubtful, in so important a
matter, have no difficulty in
IO I
de relacher, dans d'autres
Ports que ceux dont la designation
a ete officiellement
communiquee aux: Puissances
Maritimes il y a quelques Annees;
sauf les cas de detresse
porn:· lesquels il est super.flu
d'ajooter, qu'ils trouveront,
clans toils les endroits ou tlottc
le· Pavilion des Pays-Bas, les
services et les . secours dus a
l'humanite souffrante.
Si le Gouvernement de la
Grande Bretagne pense qu'il
y a un avantage reel pour lui a
ce qu'en se dcgageant, d'apres
les principes consacres par le
Traite qui va etre signe, des
liaisons que ses Agens formerent,
il y a quatre ou cinq Ans,
dans le Royaume d'Acheen,
ii assure, par quelque stipulation
nouvelle, l'accueil hospitalier
des Sujets et Vaisseaux
Britanniques dans les·
Ports de ce Royaume,-les
Soussignes n'hesitent pas a
declarer que, de leur cDte, ils
n'y voyent aucun inconvenient
; et ils croyent pouvoir
assurer, en meme terns, que
leur Gouvernement s'appliquera,
sans delai, a regulariser
ses rapports avec Acheen, de
maniere que cet Etat, sans
rien perdre de son independance,
offre au navigateur et
au commeri;ant cette constante
securite, qui semble ne
pouvoir y etre etablie que
par l'exercice modere d'une
touching at any Ports but
those whereof the description.
has been officially communicated
to the 1faritime
Powers some Years back·;
except in cases of distress, if!,
which it is superfluous to add,
that they will find in all Places
where the Flag of the Netherlands
may be flying, those good
offices and succours which are
due to suffering humanity.
If the Government of Great
Brit.a.in conceives it to be a real
advantage, that, by disengaging
itself, according to the
principles sanctioned by the
'.freaty which is about to be
signed, from the connections
which were formed by its
Agents, four or five Years ago,
in the Kingdom of Acheen, it
secures, by some new clause,
the hospitable reception of
British Vessels and Subjects
in the Ports of that Kingdom,
the Undersigned hesitate not
to declare_, that, on their part,
they do not see any difficulty
in it, and conceive that they
may assert, at the -same time,
that their Government will
apply itself, without delay, to
regulate its relations with
Acheen, in such a manner, that
that State, without losing any
thing of its independence, may
offer both to the sailor and
the merchant, that constant
security which can only be
established by the mode-
103
rn4 C O N S O L I D AT E D TR EAT Y S ER I E S
influence Europeenne.
A l'appui des informations
contenues clans la dcrniere
Note de Messieurs les Plenipotentiaireri:
Britanniques, au
sujet de Bencoolen, Leurs Excellences
ont communique aux
Soussignes les deux: Conventions
respectivement signees le
23 Mai et le 4 Juillet de 1818,
d'un cote Paf le LieutenantGouverneur
de cet Etablissement,
et de l'autre par les
Chefs de quelques Tribus
voisines. On leur a aussi fait
part d'une depeche du Gouverneur-
General en Conseil,
do.tee de Fort William, le 9
Mai, 1823, et d'apres laquelle
!'administration Brit.annique a
aboli au Fort Marlborough le
monopole du Poivre, encourage
la culture du Riz, et place sur
un pied stable et uniforme, les
rapports des differentes cmsses
de Natifs, tant entre elles,
qu'avec leurs Chefs, Or, pour
autant que les Soussignes ne
se trompent paint en supposan
t, que le but de ces arrangemens
a ete d'assurer la
prosperite agricole de la Colonie,
et d'ecarter les vexations
qui resultent souvent du contact
immediat de la population
indigene avec les Autorites
subalternes d'unc a4ministration
etrangere, ils eprouvent
une grande satisfaction a dire,
que loin d'avoir a redouter des
rate exercise of European influence.
In support of the information
contained in the last Note
of the British Plenipotentia~
ries, on the subject of Bencoolen,
their Excellencies have
communicated to the Undersigned
the two Conventions
respectively signed on the
23rd of May, and the 4th July,
1818, by the Lieutenant-Go..,
vernor of that Establishment
on the one side, and by the
Chiefs of some neighbouring
Tribes, on the other. They
have likewise communicated
e. Despatch of the GovernorGeneral
in Council, dated
Fort William, the 9th of May,
1823, and according to which
the British Government has
abolished at Fort Marlborough
tl1e monopoly of Pepper,
encouraged the cultivation of
Rice, and placed on a firm
and uniform footing the relations
of the different classes
of Natives, as well among
themselves, as with their
Chiefs. But inasmuch as the
Undersigned are not wrong.
in supposing that the object
of these arrangements bas
been the security of the.
e.gricultUial prosperity of the
Colony, and the removal of
the vexations which often re.,.
sult from the immediate contact
of the Native Population
with the subordinate
r------------------------------------------------- ------
tnesures retroactives, les individus
interesses ii l'ordre actuel
des choses peuvent, au c;ontraire,
nourrir l'espoir, que le
nouveau Gouvernement aura
egard ii Ieurs droits acquis,
et ii lei.μ- bien-~tre ; et ce que
les. Sou:ssignes aime~t surtout
a garantir;il fera observer les
Articles des Conventions deja
mentionnees, sur la foi desquels
les habit.ans de Pasummah,
Ulu Manna, et d'autres.
Peuplades de l'interieur ont
reconnu l'autorite, Ol!, accepte
{a proteotion de la Compagnie
des Indes Brit.anniques, sauf
toutefois la faculte d'y substituer,
du plein gre des Parties
interessees, d'autres conditions
analogues, si les circonstances
venaient a rendre un changement
necessaire.
Quant aux dispositions
equit.ables et bienveillantes
du Gouvernement Britannique
envers les habitans de Malacca,
et des autres Etablissemens
llollandois cedes par le Traite,
les Plenipotentiaires de Sa
Majeste le Roi des Pays-Bas,
en acceptent }'assurance
avec une confiance illimitee;
et ce m~me sentiment les porte
ii ne pas insister pour que
Authorities of 'a Foreign Government,
they experience
great satisfation in·saying, that,
far from having cause to dread
retroactive measures, the indi.,.
viduals interested in the existing
order of things may, on the
contrary, cherish the hope that
the new Government will
respect their acquired rights,
and their welfare ; and, what
the U ndersigncd are aboye
all things desirous to guarantee,
that it will cause.the Articles
of the abovementioned
Conventions to be observed,
on the faith of which the Inhabitants
of Pasumma!t, Ulu
Manna, and the other Colonists
in the interior, liave
recognized the authority, or
accepted the protection, of
the British East India Company;
saving, however, the
power of substituting, with the
full consent of the Parties
interested, other analogous conditions,
if circumstances should
render a change necessaiy.
With respect to the equitable
and benign intentions
of the British Government,
towards the Inhabit.ants of
Malacca, and the other Dutch
Establishments ceded by the
Treaty, the Plenipotentiaries
of His Majesty the King of
the Netherlands, accept the
-assurance thereof with unlimited
confidence; and the
. same sentiment prevents them
106 C O N S O LI D ATE D TR EAT Y SER I E S
les instructions et ordres qui
seront adresses aux Autorites
Anglaises dans l'lnde, relati,,ement
a la remise du Fort Marlhorc,
ugli, et de ses dependances,
soyent con.,us en des termes
tellement clairs, precis, et positifs,
qu'on n'y puisse tiouver
aucun motif d'incertitude, ni
aucun pretexte de delai ; car
ils sont persuades que Messieurs
les Plenipotentiaires
Britanniques, apres avoir
apporte tant de moderation et
de loyaute a l'accomplissement
de leur tache, sauront
ireiller it. ce que le resultat des
travaux communs ne soit pas
compromis par egard pour des
interlits subordonnes, et des
considerations secondaires.
Ce resultat, Messieurs les
Plenipotentiaires Britanniques
l'ont decrit eux-memes dans
leur derniere Note, et il ne
reste aux Sou.ssignes qu'a se
feliciter d'y avoir concouru, et
a joindre leurs vreux a ceux
de Leurs Excellences, pour
que les Agens respectifs dans
les Possessions Asiatiques, se
montrent toujours peneties
du sentiment des devoirs,
que deux Nations, amies et
animees de vu.es vraiment
liberal.es, ont a remplir, tant
l'une a l'egard de l'autie, que
vis- -vis des indigenes, que. le
cours des eveneroens OU les
Traites ont places sous leur
influence.
from insisting, that the orders
and instructions which shall
be addressed to the English
Authorities in India, relative
to the surrender of Fwt Marlhorcntgh,
and its Dependencies,
should be conceived in such
clear, precise, and positive
terms, that no cause of uncertainty,
nor any pretext for
delay, may be discovered in
them: being persuaded that
the British Plenipotentiaries,
after having accomplished their
labours with so much mode-.
ration and equity, will take
care that the result of their
common exertions be not compromised
by any regard to
subordinate interests, and secondary
considerations. This
result the British Plenipotentiaries
themselves have described
in their last Note, and
it only remains for the
Undersigned to congratulate
themselves on having contributed
thereto, and to unite
their wishes with those of their
Excellencies, that their respectiYe
Agents in their Asiatic
Possessions, may ever show
themselves sensible of the
duties, which two Friendly
Nations, animated with truly
liberal views, have to fulfil,
both with reference to each
other, and also towards the
Natives whom the course of
events or Treaties have placed
under. their influence,
Les Soussignes saisisscnt
avec empressement cette ·occasion
de renouveler a Leurs
Excellences Messieurs les
Plenipotentiaires Britanniques
l'assurance de leu:r consideration
·ta plus distinguee.
H. FAGEL.
A. R. FALCK.
Londres, le 17 Mars, 1824.
The Undersigned avnil
themselves of this opportunity
of renewing to their
Excellencies the British Plenipotentiaries,
the assurance
of their most distinguished
consideration.
H. FAGEL.
A. R. FALCK.
London, March 17, 1824.
107
ANNEX MM 6
Treaty of Friendship and Alliance between the Honourable
East India Company, and the Sultan and the Temenggong of
Johore1 2 August 1824, 74 CTS 380
380 CONSOLIDATED TREATY SERIES
ENGLISH TEXT
A TREATY of FRIENDSHIP and ALLIANCE between the
HONOURABLE THE ENGLISH EAST INDIA COMPANY on the
one side, and their HIGHNESSES the SULTAN and
TUMUNGONG of JOHORE on the other, concluded on the
Second day of August, One Thousand Eight Hundred
and Twenty-four (1824), corresponding with the Sixth
day of the month o:i Zulhaji, in the year of the Hejira
One Thousand Two Hundred and Thirty-nine (1239), by
the above Sultan of Johore, HIS HIGHNESS SULTAN
HUSSAIN MAH0MED SHAH, and the above TUMUNGONG
of }0H0RE, Hrs HIGHNESS DATU TUMUNG0NG ABDUL
RAHMAN SRI MAHARAJAH on their own behalf, and by
JOHN CRAWFCRD, ESQUIRE, British Resident of Smgapore,
vested with full powers thereto, by the Right Honourable
WILLIAM PITT, LORD AMHERST, Governor-General of
and for Fort William in Bengal, on behalf of the said
HONOURABLE ENGLISH EAST INDIA COMPANY.
ARTICLE I.
Peace, friendship, and good understanding shall subsist
for ever between the Honourable the English East India Company
and their Highnesses the Sultan and Tumungong of
Johore and their respective heirs and successors.
ARTICLE II.
Their Highnesses the Sultan Hussain Mahomed Shah and
Datu Tumungong Abdul Rahman Sri Maharajah hereby cede
in full sovereignty and property to the Honourable the English
East India Company, their heirs and successors for ever, the
Island of Singapore, situated in the Straits of Malacca, together
with the adjacent S(;as, straits, and islets, to the extent of ten
geographical miles, from the coast of the said main Island
of Singapore.
ARTICLE III.
The Honourable the English East India Company hereby
engages, in consideration of the cession specified in the last
Article, to pay to His Highness the Sultan Hussain Mahomed
Shah, the sum of Spanish Dollars thirty-three thousand two
hundred (33,200), together with a stipend, during his natural
life, of one thousand three hundred (1,300) Spanish Dollars
per· mensem, and to His Highness the Datu Tumungong
Abdul Rahman Sri Maharajah, the sum of twenty-six thousand
eight hundred (26,800) Spanish Dollars, with a monthly stipend
of seven hundred· (700) Spanish Dollars during his natural
life.
ARTICLE IV.
His Highness the Sultan Hussain Mahomed Shah hereby
acknowledges to have received from the Honourable the English
East India Company, in fufi.lment of the stipulations of
the two last Articles, the sum of thirty-three thousand two
hundred (33,200) Spanish Dollars, together with the first
monthly instalment of the above-mentioned stipend, of
Spanish Dollars one thousand three hundred ( i , 300), and His
c----------------------------------------------
382 CONSOLIDATED TREATY SERIES
Highness the Datu Tumungong Abdul Rahman Sri
Maharajah also hereby acknowledges ~o have receiv~d from
the Honourable the 1'.:nglish East India Company, m fulfilment
of the stipulations of the two last Articles, the sum of
twenty-six thousand eight hundred Spanish D.ollars (26,800),
with one month's instalment of the above stipend of seven
hundred Spanish Dollars.
ARTICLE V.
The Honourable the English East India Company engages
to receive and treat their Highnesses the Sultan Hussain
Mahomed Shah, and Datu Tumungong Abdul Rahman Sri
Maharajah, with all the honours, respect, and courtesy beionging
to their rank and station, whenever they may reside at,
or visit the Island of Singapore.
ARTICLE VI.
The Honourable the English East India Company hereby
engages in the event of their Highnesses the Sultan and
Tumungong, their heirs or successors, preferring to reside permanently
in any portion of their own States, and to remove
for that purpose from Singapore, to pay unto them, that is to
say, to His Highness the Sultan Hussain Mahomed Shah, his
heir or successor, the sum of twenty thousand (20,000) Spanish
Dollars, and to His Highness the Datu Tumungong Abdu.!
Rahman Sn Maharajah, his heir or successor, the sum of fifteen
thousand ( I 5, ooo) Spanish Dollars. 1
ARTICLE VII.
Their Highnesses the Sultan Hussain Mahomed Shah and
the Datu Tumungong Abdul Rahman Sri Maharajah, in consideration
of the payment specified in the last Article, hereby
relinquish for themselves, their heirs, and successors, to the
Honourable_ the English East India Company, their heirs and
successors for ever, aJJ right and title to every description
of immovable property, whether in lands, houses, gardens,
orchards, or timber trees, of which their said Highnesses may
be possessed within the Island of Singapore or its dependencies
at the time they may think proper to withdraw from the said
island for the purpose of permanently residing within their
own States, but it is reciprocally and clearly understood that
the provisions of this Article shall not extend to any description
of property which may be held by any follower or retainer
of their Highnesses beyond the precincts of the ground at
present allotted for the actual residence of their said
Highnesses.
ARTICLE VIII.
Their Highnesses the Sultan Hussain Mahomed Shah, and
the Datu Tumungong Abdul Rahman Sri Maharajah hereby
engage that, as long as they shall continue to reside within
the Island of Singapore, or to draw their respective monthly
stipends from the Honourable the English East India Com~
pany, as provided for in the present Treaty, they shall enter
into no alliance and maintain no correspondence with any
foreign power or potentate. whatsoever, without the knowledge
and consent of the said Honourable· the English East India
Company, their heirs and Successors.
ARTICLE IX.
The Honourable the English East India Company hereby
engages, that, in the event of their Highnesses the Sultan
Hussain Mahomed Shah, and the Datu Tumungong Abdul
Rahman Sri Maharajah removing from the Island of Singa~
pore, as contemplated m the 6th Article, and being distressed
within their own territories on such removal, to afford them,
either at Singapore or Prince of Wales' Island, a personal
asylum and protection.
ARTICLE X.
The contracting parties hereby stipulate and agree, that
neither party shall be bound to interfere in the internal concerns
of the other's government, or in any political dissensions
or wars which may arise within their respective territories,
nor to support each other by fore~ of arms against any third
party whatever. \
ARTICLE XI.
The contracting parties hereby engage to use every means
within their power respectively, for the suppression of robbery
and piracy within the Straits of Malacca, as well as the other
narrow seas, straits, and rivers bordering upon, or within
their respective territories, in as far as the same shall be connected
with the dominions and immediate interests of their
said Highnesses.
ARTICLE XII.
Their Highnesses the Sultan Hussain Mahomed Shah,
and the Datu Tumungong Abdul Rahman Sri Maharajah
hereby engage to maintain a free and unshackled trade everywhere
within their dominions, and to admit the· trade and
traffic of the British nation into all the ports and harbours
of the kingdom of Johore and its dependencies, on the terms
of the most favoured nation.
ARTICLE XIII.
The Honourable the English East India Company hereby
engages, as long as their Highnesses the Sultan Hussain
384 CONSOLIDATED TREATY SERIES
Mahomed Shah and the Datu Tumungong Abdul Rahman Sri
'Maharajah shall continue to reside on the Island of Singapore,
not to permit any retainer or follower of their said Highnesses
who shall desert from their actual service, to dwell or remain
in the Island of Singapore or its dependencies. But it is
hereby clearly understood, that all such retainers and followers
shall be natural born subjects of such parts of their Highnesses'
dominions only in which their authority is at present substantially
established, and that their names, at the period
of entering the service of their Highnesses, shall have been
duly and voluntarily inscribed in a register, to be kept for
that purpose by the chief local authority for the time being.
ARTICLE XIV.
It is hereby mutua.lly stipulated for and agreed, that the
conditions of all former Conventions, Treaties, or Agreements
entered into between the Honourable the English East India
Company and their Highnesses the Sultan and Tumungong
of Johorc, shall be considered as abrogated and annulled by
the present Treaty, and they are hereby abrogated and annu lied
accordingly, always, however, with the exception of such prior
conditions as have conferred on the Honourable the English
East India Company any right or title to the occupation or
possession of the Island of Singapore and its dependencies,
as above-mentioned.
Done and concluded at Singapore, the day and year as
above written.
{Signed) SULTAN HUSSAIN MAHOMED SHAH.
(Signed) J. CRAWFURD.
DATU TUMUNGONG ABDUL RAHMAN SRI MAHi\RAJAH.
{Signed) AMERST.
{Signed) EDWARD PAGET.
(Signed) F. FENDALL.
Ratified by the Right Honourable the Governor-General
m Council, at Fort William in Bengal, this Nineteenth day
of November, One Thousand Eight Hundred and Twentyfour.
(Signed) GEO. SWINTON,
See1etary to Government.
ANNEX MM 7
Treaty of Friendship and Alliance between His Highness
Sultan Alli lskander Shah bin Sultan Hussain Mohamed Shah
and His Highness Datu Tumungong Daing Ibrahim bin Abdul
Rahman Sri Maharajah, 10 March 1855: in W.G. Maxwell &
W.S. Gibson (eds.), Treaties and Engagements Affecting the
Malay States and Borneo, London: Jas Truscott & Son, 1924,
p.127
MALAY· STATES AND BORNEO.
by the British Government in every respect as the successor
of his late father, and entitled to all the property upon the
g.round granted to the late Sultan by the East India Company,
situated at Campong Glam and more particularly adverted
to in the 8th article of the Treaty entered into by the late
Sultan with John Crawford Esquire as the Representativ:e
of the East India Company, on the 2nd day of August, 1824.
By order of the Hon'ble the Governor,
T. CHURCH,
Resident Councillor.
Singapore, l 6th Sep tern ber, 1 840.
JOHORE, 1855.
ARRANGEMENT BETWEEN SULTAN AND
TUMUNGONG.
TREATY of FRIENDSHIP and ALLIANCE between Hrs HIGHNESS
SUI.TAN ALLI ISKANDER SHAH BJN SULTAN HUSSAIN
MAHOMED SHAH and His HIGHNESS DATU TOMUNGONG
DAING IBRAHIM BIN ABDUL RAHMAN SRI MAHARAJAH,
who are both equally desirous to comp,:;,se and put a fmal
end to the differences and disagreements which have heretofore
subsisted between them relative to their respective
claims on the Territory and Sovereignty of Johore, and
to establish and maintain peace, friendship, and thoroughly
amicable relations between them from henceforth
in all tirnes to come.
I SL-His Highness the Sultan Alli lskander Shah bin
Sultan Hussain Mahomed Shah, for himself, his heirs and
successors, does hereby cede in full sovereignty and absolute
property to His Highness Datu Tumungong Daing Ibrahim
Sri Maharajah bin Tumungong Abdul Rahman Sri Maharajah,
his heirs and successors for ever, the whole of the territory
of Johore within the -Malayan Peninsula and its dependencies,
with the exception of the Kassang territory hereinafter mentioned.
2ND.-In consideration of the cession contained in the
foregoing Article, His Highness Datu Tumungong Daing
Ibrahim Sri Maharajah bin Tumungong- Abdul Rahman Sri
Maharajah does hereby agree to pay immediately after the
execution of these Articles to His Highness Sultan Alli
Iskander Shah bin Sultan Hussain Shah, the sum of fi. ve
thousand Spanish Dollars, and further engages that he the
TREATIES AND ENGAGEMENTS.
said Datu Tumungong Daing Ibrahim Sri Maharajah, his
heirs and successors, shall and will, front and after the 1st
day of January, 1855, pay to his said Highness Sultan Ally
Iskander Shah, his heirs and successors, the sum of fi.ve hundred
Spanish Dollars per mensem.
3RD.-His Highness Datu Tumungong Daing Ibrahim
Sri Maharajah hereby withdraws all claim whatsoever to the
said territory of Kassang, consisting of the lands lying between
the river of Kassang and the river of Muar, and of which
the said river of Kassang forms the boundary on the north~
ward and that of Muar on the southward; and being part of
the ancient territory of Johore, and consents that His Highness
Sultan Ally Iskander Shah, his heu-s and successors,
shall have and enjoy the same in full sovereignty and property
for ever. ·
4TH.-His Highness Sultan Ally lskander Shah for himself,
his heirs and successors, · hereby agrees that the said
territory of Kassang shall not be alienated or disposed of to
any party or power, without the same being in the first place
• offered to the East India Company and then to His Highness
Datu Tumungong Daing Ibrahim Sri Maharajah, his heirs
or successors, on such terms as His Highness the Sultan Alli
Iskander Shah, his heirs or successors, may be desirous to
cede it to any one other party or power willing to treat for
the same.
5TH.-The subjects of each of the said contracting parties
shall have full liberty to trade to, and pass in and out of,
their respective territories, but shall be amenable for any crime
or offence committed in the territory of either of the said contracting
parties according to the law there in force, and each
of the said contracting parties for himself, his heirs and successors,
hereby solemnly eng·ages to do no act calculated or
having a tendency to promote or foment disturbances within
the territory of the other of them, but in all respects truly
and faithfully to adhere to and observe the Engagements
hereby entered into by them respectively.
6TH.-The said contracting parties hereby agree that any
difference or disagreement that may arise between them on
matters falling within the foregoing Articles 4 and 5 shall
be referred to the frnal decision of the British Government
of India, with whose cognizance the said contracting parties
have entered into this Treaty.
7TH.-Nothing contained herein shall be taken or construed
to modify or affect the provisions of the Treaty concluded
on the 2nd day of August, l 824, between the East
India Company and their late Highnesses the Sultan and
Tumungong of Johore.
MALAY STATES AND BORNEO.
This done and concluded at Singapore, the roth day of
March, in the year of Christ 1855.
TUMUNG0NG' S Seal.
SULTAN'S Seal.
Executed before
(Signed) W. ]. BUTTERWORTH,
Governor, P1ince of Wales' Island,
Singapore and Malacca.
(Signed) T. CHURCH,
Resident Councillor.
JOHORE, 1862.
ARRANGEMENT AS TO TUMUNG0NG'S PROPERTY IN THE ISLAND
OF SINGAPORE.
TREATY entered into between·_ the Hon'ble Colonel Orfeur
Cavenagh, Go~ernor of Prince of Wales' Island, Singapore
and M_alacca, by authority of the Right Honourable
the Governor-General of India in Council of the one
part, and His Highness Datoh Tumungong Aboobakar,
Sri Maharajah, Sovereign Ruler of Johore, of the other
part.
Whereas, by Article 6th of the Treaty of friendship and
alliance between the Honourable the English East India Company
on the one side, and their Highnesses the Sultan and
Tumungong of Johore on the other, concluded on the second
day of August, one thousand eight hundred and twenty-four,
the said East India Company engaged, in the event of the
said Tumungong preferring to reside permanently in any portion
of his own States, and to remove for that purpose from
Singapore, to pay to the said Tumungong, his heirs or successors,
the sum of Fifteen Thousand Spanish Dollars
( $1 5 ,ooo) and by Article 7th of the said Treaty, the said
Tumungong, _in consideration of the said payment, did thereby
relinquish for himself, his heirs and successors, to the Honourable
the English East India Company, their heirs and
successors, for ever, all right and title to every description
of immovable property, whether in lands, houses, gardens,
orchards, or timber trees, of which His Highness might be
possessed within the Island of Singapore or its dependencies
at the time he might think proper to withdraw from the said
Island, for the purpose of permanently residing within his
own states, and whereas it has been agreed that in consideration
of His Highness Datoh Tumungong Aboobakar Sri
Maharajah, for himself, his heirs and successors, renouncmg
K
ANNEX MM .8
Johore-Pahang, First Boundary and Friendship Treaty, 17
June 1862, in J. Allen, A.J. Stockwell and L.R. Wright (eds.),
A Collection of Treaties and Other Documents Affecting the
States of Malaysia, 1761-1963, New York: Oceana, 1981, vol.
I, p. 343
PAHANG TREATY of 17 June, 1862
First Boundary and Friendship Treaty with Johorel*
These are to certify that a Treaty of friendship,
alliance and mutual support which is to endure for ever, has
been entered into between His Highness Datoh Tumongong Abubak.
ar Sri Maharajah Ibn Datoh Tumongong Daing Ibrahim Sri
Maharajah, Sovereign of Johore of the one part, and His Highness
Datoh Bandahara Tun Korais Sri Maharajah Ibn Rajah
Bandahara Tun Tahir Sri Maharajah of Pahang of the other
Part, both parties being in perfect accord and consenting
to order to regulate the countries of Pehang and Johore,
their boundaries, jurisdictions and governments to prevent
disputes hereafter, to strengthen each other _and to perpetuate
the amity existing between them, it is agreed and
declared as follows:
First. - There shall be perpetual peace and friendship
betw~en the parties to this Treaty and their descendants and
the countries of Johore and Pahang.
Second. - Should the country of Johore or any of its
dependencies be attacked by enemies at any time hereafter,
either from without or within, His Highness Datoh Bandahara
Tun Korais Sri Maharajah Ibn Rajah Bandahara Tun Tahir Sri
Maharaj ah of Pahang and his successors shall, with a 11 speed,
and with whatever number of followers and materials of war
he may be able to command, hasten to the assistance of His
Highness Datoh Tumongong Abubakar Sri Maharaja Ibn Datoh
Tumongong Daing Ibrahim Sri Maharajah of Johore and his
successors, and shall continue to aid by all means in his
powe~ until such enemies shall have been overcome,.expelled
or suppressed.
Third. - In like manner should the country of Pahang or
any of its dependencies be attacked at any time hereafter by
enemies, ·either from without or within, His Highness Datoh
Tumongong Abubakar Sri Maharajah Ibn Datoh Tumongong Daing
Ibrahim Sri Maharajah of Johore and his successors, shall,
with all speed and with whatever number of followers and
materials of war he may be able to command, hasten to the
agsistance of His Highness Datoh Bandahara Tun Korais Sri
Maharajah Ibn Rajah Bandahara Tun Tahir Sri Maharajah of
Pahang and his successors and shall continue to aid him by
all the means in his power until such enemies shall have
been overcome, expelled or suppressed.
* For footnotes see p.346
343
Fourth. - Whereas doubts have been expressed by others
as to the boundary between the two countries of Johore and
Pahang, it is hereby declared that the River Indow has been
heretofore and shall continue hereafter to be the boundary
on the Mainland, and that the Island of Pulo Tioman and all
Islands to the south of the latitude of its northern extremity
are, and shall be, portions of the Territory of Johore, and
all Islands to the north of that latitude are, and shall be,
portions of the Territory of Pahang.
Fifth. - The subjects of each of the contracting parties
shallbeentitled to trade in the territory of the other, and
to export and import merchandise upon the same terms and with
the same privileges as the subjects of such territory, and
neither party nor their respective successors will impose
heavier taxes, imports, or duties, at any time hereafter,
upon the subjects or goods of subjects of the other, than
upon his or their own subjects or the goods of his or their
own subjects.
Sixth. - The parties hereto agree that subjects of the
British Government shall be entitled to trade in their respective
territories upon the same terms and with the same
privileges as the subjects of the said parties thereto.
Seventh.- The parties hereto agree and declare for
themselves and their respictive successors that should any
dispute or difference arise between them or their successors
at any time hereafter, either with regard to this Treaty or
the matters contained in ii, or.with regard to any other
matter or thing whatever, whether national, political, or
private, the same shall be and is hereby referred to· the
friendly mediation and settlement of the British Government,
whose award or decision shall be final and binding on both
parties.
Eighth. - The parties hereto agree and engage each with
the other and their successors that neither shall enter into
any al-liance or maintain any correspondence with any foreign
power or potentates whatsoever without the knowledge and consent
of the other and of the said British Government.
Done at Singapore this Nineteenth day of Dul-Hajee in
the Mahomedan year One Thousand Two hundred and seventyeight
(corresponding with the Seventeenth day of June in the
Christian Year One Thousand Eight hundred and sixty-two) in
the presence of the Honourable Colonel Orfeur Cavenagh, Governor of Prince of Wales' Island, Singapore and Malacca. 2
344
-~I
ANNEX MM 9
Treaty between the Governor of Prince of Wales' Island,
Singapore and Malacca and H.H. Datoh Tumungong
Aboobakar, Sri Maharajah, Sovereign Ruler of Johore,
concerning the Tumungong's Property in the Island of
Singapore, 19 December 1862: in Maxwell & Gibson, p. 129
MALAY STATES AND BORNEO.
This done and concluded at Singapore, the 10th day of
March, .in the year of Christ 1855.
"TmnJNGONG'S Seal.
SULTAN' 5 Seal.
Executed before
(Signed) W. J. BUITERWORTff,
Governor, Prince of Wales' Island,
Singapore and Malacca.
(Signed) T. CHURCH,
Resident Councillor.
JOHORE, 1862.
ARRANGEMENT AS TO TUMUNGON(;'S PROPERTY IN THE ISLAND
OF SINGAPORE.
TREATY entered into between· the Hon'ble Colonel Orfeur
Cavenagh, Governor of P~ince of Wales' Island, Singapore
and Malacca, by authority of the Right Honourable
tbe Govemor~General of India in Council of the one
part, and His Highness Datoh Tumungong Aboobakai:,
Sri Maharajah, Sovereign Ruler of Johore, of the other
part. ·
Whereas, by Article 6th of the Treaty of friendship and
alliance between the Honourable the English East India Company
on the one 6ide, and their Highnesses the Sultan and
Tumungong of Johore on the other, concluded on the second
day of August, _one thousand eight hundred and twenty-four,
the said East India Company engaged, in tl_ie event of the
said Tumimgong preferring to i:eside permanently in any portion
of his own States, and to remove for that purpose from
Singapare, to pay to the- said _Tumungong,. his· heirs or successors,
the swn of Fifteen Thousand Spanish Dollars
($15,000) and_ by Article 7th of the said Treaty, the said
Tumungong, _iri c~D.Sideration of the said payment, did thereby
relinquish for hi~£, his heirs and successors, to the Hon:-ourable
the English East India Company, their heirs and
successors; for ever, all right and title to every description
of immovable property, ·whether in lands, houses, gardens,
orchards, or timber trees, of ·which His Highness might be
possessed within the Island of Singapore or its dependencies
at the time he might think proper to withdraw from the said
Island, for the purpose of permanently residing within his
own states, and whereas it has been agreed tJ:iat in ·consideration
of His Highness D.atoh. Tumungong Aboobakar Sri
Maharajah, for himself, his. heirs and successors:, renouncing
K·
130 TREATIES AND ENGAGEMENTS.
all right and claim to the payment of the afore;;aid _ sum of
fifteen-thousand Spanish Dollars ($15,000) and making over
to the British Government certain portions of the lands of
which he is now in possession at Telloh Blangii:h·, in the Island
of Singapore, as shown in the plan hereto ;innexed, com~
prising the -belt of_ land from the public road to the sea,
bounded on the West by the land occupied by the Patent Slip
and' Dock Company, and on. the East by the land belongi.Q.g
to the Pei;i.insular and_ Oriental Steam Navigation Compa,ny,
and allowing the said Government to take earth from the side
of the hill to the North of Telloh Blangab Road, for the· purpose
of raisingithe low ground so made over to the said Government,
should the same be requi_red for that purpose, and
also making over" to the said Government the right to a carriage
road along the Eastern Boundary of the Peninsular and
Oriental Steam Navigation Company's land from the public
road to· the sea, including the use of a suitable landing place,
as als_o the pieces of land on Mount Faber occupied by the
Flag-Staff, Barracks and Batteries, and a· ·right of way to the
same, the said British Government shall grant unto His Highness,
his heirs, executors, administrators and assigns, a title
in fee simple to the_remainder of tp.e lands at Telloh Blangah
-aforesaid in his possession, and that Articles 6th arid 7th of.
the said Treaty shall· in consequence be abrogated and
annulled. Now it is hereby concluded and agreed by and
between the parties to this Treaty : ~
1st.-That His Highn~ Datu Tumungong Abooba:kar
Sri Maharajah, for himself, his heirs arid successors, doth
-hereby for ever :renounce, release, .aqd make over unto the
British Government all -claim and demand whatsoever to the
said swn of fifteen- thousand Spanish Dollars.
2nd .. -That it is mutually stipulated and agreed between
the parties here.to that Articles 6th and 7th of the aforesaid
Treaty, so far as -they re1ate to any claims or rights between
the British Government and.·His Highness Datu Tumungong
Aboobakar Sri Maharajah, his heirs or suc~sors, shall be considered
as abrogated and annulJed by this agreement, and
they are hereby abro~ted an~ annulled accordingly.
Done and. concluded at Singapore, the nineteenth day
of December, in the year of the Christian Era; one thousand
eight ·hundred and sixty-two, ·corresponding with the twentyeighth
d~y of the month of Jamadi-al-Ak.hir, in the year of
the Hejira, one thousand two hun~red and seventy-nine.
(Signed) ORFE"QR CAVENAGH, Colonel,
Governor of the Straits Settlements.
(Signed) UNKU TuM0NGONG ABOOBA!CAA..
ANNEX MM 10
Agreement on Certain Points Touching the Relations of Her
Majesty's Government of the Straits Settlements with the
Government of the Independent State of Johore, London,
11 December 18851 167 .CTS 82
82 CONSOLIDATED TREATY SERIES
ENGLISH TEXT
AaRJ:EMENT on certain points touching the refatioos of Her
bfojesty's Government of the Straits Settlements with the
Government of the Independent State of Johore, made betwccu
the Right Honourable Frederick Arthur Stauley, Her Majesty'ti
Secretary of State for the Colonies, on behalf of the Quccu
of the United Kingdom of Great Britain and Ireland, Emprcs~
of India, and His Highness the Maha.rajah of J oho re,
A:n.T. I. The two Governments will 11.~ aU times cordially
i:o-operate in the settlement of a peaceful population in their
respective neighbouring territories, and in the joint defence of those
territories from external hostile attacks, and in the mntual surrender
of persons accused or convicted of auy crime or offence, uuder l!UCh
conditions as may be armnged between the two Governments.
II. His Highness the Maharajah of Jobore undertakes, if
requested by the Government of tbe Straits Settlementll, to
co-operate in making arrangements for facilitating trade and transit
1;ommunication overland through the State of Johote with the Stato
of Paha.ng.
Ill. U the Government of the Straiw Settlcmenh shalt at any
1885
time desiro to appoint a British Officer as Agent to live within the
State or J ohore, lia.ving functions similar to those of a Consular
Officer, His Highness t:he Maharajih will be prepared to provide,
free of coat, a eoitable site with.in his territory, whereon a residence
may be erected for occupation by such officer.
IV. Any coinage in the currency of the Sttaita Settlements,
which may be required for the use of the Government of Johore,
shall be supplied to it by the Government of the Straits Settlements,
at rates not higher than those at which similar coinage is supplied to
Governments of the Malay Protected States, and under the same
limitations as to amount. His Highnea.s the Maharajah on hie part
undertakes that the applications of his Government for sohsidiary
coinage shall be strictly limited by the legitimate requirements of .
the inhabitants of the State of Johore, and that the coinage so
issued shall be subject to the same limitations as regards legal tender
as are ill force in the Straits Settlements.
V. The Governor of the Straits Settlements, in the spirit of
former Treaties, will at all times to the utmost of his power take
whatever steps may be necessary to protect tho Government and
territory of Johore from any external"hostifo attacks; and for these
or for similar purposes Her Majesty's Officers shall at all times have·
.free access to the waters of the State of Johore; and it is agreed
that those watera extend to 3 miles from the shore of the State,
or in any waters less than 6 miles in width, to an imaginary line
widway between the shores of the two countries.
VI. The Maharajah of Johore, in the spirit of former Treaties,
undertakes on his part that he will not without the knowledge and·
consent of Her Majesty's Government negotiate any Treaty, or enter
into any engagement with 1111y foreig11 State, or interfere in .the
politics or administration of any native State, or make any grant or
concession to other than British subjcda or British Companies or
pel'8ons of the Chinese, Malay, or other Oriental race, or enter into
any political correspondence with any foreign State.
It is further agreed that if occa.aion should arise for political
correspondence between His Highness the Maharajah and any
foreign State, such correspondence shall be conducted through Her
Majesty's Government, to whom Hill Highness makea over the -
guidance and control of hia foreign relations.
Wbereae His Highness the Mabara.jah of Johore bMJ mrufo
known to the Governor of the Straits Settlements that it is the
desire of his Chiefs and people that be should assume the title of
Sultan, it is further agreed that, ill consideration of the loyal
friendship and constant affection Hia Highness hu.s ijhown to the
Government of Her Majesty the Queen and Empress, and of the
stipulations contained in this Memorandum. he and his heira and
84 CONSOLIDATED TREATY SERIES
successors, lawfully succeeding according to Malay custom, shall in
fnture be acknowledged as His Highne1JS tbe Sultan of the State
and territory of Joh ore, and a hall be ao addressed.
In w-itnesB whereof the said Right Honourable Frederick Arthur
Stanley, and His ea.id Highness the Maharajah of Johore, have aigocd
this Agreement at the Colonial Office, London, the 11th day of
December, 1885.
Witnessed by :
ROBERT G. w. HER:eEilT.
A ]I DV L RA..HMA. N,
FREDERICK ARTHUR STANLEY.
ABUBAKAR [in Malay].
ANNEX MM 11
Agreement between his Britannic Majesty's Government and the
State of Johore making provision for the Appointment of a British
General Adviser at the Court of Johore, Singapore, 12 May 1914,
107 BFSP 519
GR.BAT BRI1'AIN AND JOHORE. 519
,egHluting \ he service of Victo1·io.n legctl proce$" in Victo,·i~ and the :too£
the,·eof.
A.nd I certify thd the nost of effecting sueh service, ns rluly certified by
t.he 'l\i.xing U:i.ster of the Victoria,., Supreme Co<1rt, amol\nt, to the suru
of t.
Dated this day of
Da t,ed tll!! 17th day of
(L.S.)
By the Court-
March, 19 I 4.
, Ill
JOHN MADDEN,. C.J.
TlIOS. A'BEOKETT J.
HENRY HODGES, J.
,J. H. HOOD, J.
L. F. CUSSEN, J.
J. \V. O'H,1.LLORA-N, Protkonoiw:rJ.
AGREElrf.BlVT between Great Britain and Johorc uuzlcing
provi·sion for the Appointment of a Brit-ish General Adviser
at the Conrl of Johore.-_Eingapore, .May 12, 191-4:.
Wmmus it is considered desirable that .Article III of the
Agreement of th~ 11th December, 18$5," made by the Right
Honourable Frederick Arthur Stanley, I.for Ma.jesty's Secretary
of State for the Colonies, on behalf of Her Britannic Majesty's
Government and His Highness the Maharajah of Jobore, shollld
be repea.led and another Article substituted therefor:
Now it is hereby agreed by and between his Excellellcy Sir
.A.rthur Henderson Young, K.C.M.G.,.Governor of the Colony of
the Straits Settlements, on behalf of His Britannic Majesty'1;
Government and His Highness the Sultan of the State and
territory of Joh ore that the above Article be repealed and tile
following Article be substituted therefor ,-
ART. III. The Sultan of the State aud territ.ory of Johore
will receive and provide a suitable residence for a Brit1sb officer:
to be called the Ge[lera.1 .Adviser, who sha!l be accredited to hi:,
Vourt and live within the State and territory of Johore, and
whose advice must be asked and acted upon on a.!\ matters
affecting the genera.I administratiou of the country, a.nd on all
questions other than those touching Malay religion a □ d custom.
The cost of the General Adviser and his establishment shall
be determined by the Government of the Straits Settlements,
and be a clrarge on the revenues of Joh ore.
'l'he collection a.ud control of all revenues of the country
shall be regt1lated under the ad vice of the General Advi~1'r.
Io witness whereof the said _Sir Arthur Henderson Young
., Voi.LXXVI, pages S2.
5:20 GREAT BBlT_.J,.JN -'-\.ND S.d. V'.AGE 1SL.LXD.
:i.nc1 His said Highness the Sultan of the St.a.te ancl territory
of Johore have signed this .Agreemeut this 12th day of May,
1914."
Signo.ture of His .Highness the
Sll it<10 of the State aud territory
of ~Tohore witnesed by-
IBRAHIM.
AmrAD-Brn-Mmr.oDIAD KH.-l..LID. (Ia .i',falay
O,JHR-BIN-AHJUAD. }
J,c.u-·,1. R-BIN-HA JI M m1A,11i\1A D. cb n,rn.cters.)
M UHAM.IIU .. D-llJN-M.1.1-1 i; [)I).
Signature of his Excellency Sir
.Arthur Henderson Young witnessed
by-
R. J. \.Vru;:rnsoJ><.
ARTHUR YOUNG.
AGREEMENT between Great Brita;in and tftc Ki1w and
Gh,iejs of Scwc'{!e Island.-Aloji, April 10, 1980_
A.1tT. I. The King, Chiefs, and pcnple of Savag-e Island agree
to pbce themselves and their territory freely and unre.served!y
under the protection of Her Brit"nnic Majesty from the date of
the signature of the present Treaty.
II.· The King, Chiefs, and people of Savage fol and further
understand and agree that ;.IJ their relations of any sort whatever
with forei!sn Powers shall be conducted under the sole a.dvice
and through the channel of Her Majesty's Government. ·
III. Her Britannic Majesty will at al! times, ·to the utmost of
h~r power, take whatever steps may be necessary to protect the
Government and territory of Savage Island from any external
hostile attacks; and for this or for similar purposes Her J):ritannic
M"Jesty's oi£cers shall at al! times have free access to the waters
and harbours of Sava,ge foland.
IV. The King,. Chiefs, and people of Sayag-e Island agree
that Her Majesty sha.ll have and exercise jnrisdiction for the
bearing and settlement of all clairus of a civii n<1ture against
Britd1 subjects or foreigners, and agaiDst British or foreign
vessels, by whomsoever preferred, and for the trial and punishment
of all offences and crimes of which British subjects and
foreigners may be accused in Savage Island. All such cases,
whether civil or criminal, shall be delllt with in a.ccord"nce with
the provisions of "The Pacific Order in Council, 1393,"·~ aud of
any amendment of the s~me so far as applicable. 'l'he autlwrities
of Savage Island shall at all times, to the utmost of tbeir power,
" Vol. LXXXV, page 1053.
ANNEX MM 12
Straits Settlements and Johore Territorial Waters Agreement,
19 October 1927, in Allen, Stockwell & Wright, p. 114
JOHORE TREATY of 19 Octob_er, 1927
Boundary Treaty with Singapore1*
Agreement made between His Excellency Sir Hugh Charles
Clifford, M.C.S., Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, Knight Grand Cross
of the Most Exce 11 ent Ord er of the British Empire, Governor
and Commander-in-Chief of the Colony of the Straits Settlements,
2 on behalf of His Britannic Majesty, and His Highness
Ibrahim, Knight Grand Cross of the Most Distinguished Order
of Saint Michael and Saint George, Knight Commander of the
Most Excellent Order of the British Empire, bin Almarhom
Sultan Abu Bakar, Sultan of the State and Territory of
Johore:
Whereas Article ii of the Treaty of the Second Day of
August, 1824, made between the Honourable the English East
India Company on the one side and Their Highnesses the
Sultan and Tumungong of Johore on the other, Their said
Highnesses did cede in full sovereignty and property to the
said Company, their heirs and successors for ever, the
Island of Singapore together with certain adjacent seas,
straits and islets:
And whereas His Britannic Majesty is the successor of
the Honourable the English East India Company:
And whereas His Britannic Majesty in token of the
friendship which he bears towards His Highness Ibrahim· bin
Alrnarhom Sultan Abu Bakar, Sultan of the State and Territory
of Johoie, is desirous that certain of the said seas, straits
and islets shall be retro-ceded and shall again form part of
the State and Territory of Johore:
Now, therefore, it is agreed and declared as follows:-
Article i
The boundary between the territorial waters of the
Settlement of Singapore and those of the State and Territory
of Johore shall, except as hereafter specified in this
Article, be an imaginary line following the centre of the
deep-water channel in Johore Strait, between the mainland
of the State and Territory of Johore on the one side and the
Northern Shores of the Islands of Singapore, Pulau Ubin,
For footnotes see p.116
l 14
Pulau Tekong Kechil, and Pulau Tekong Besar on the other
side. Where, if at all, the channel divides into two
portions of equal depth running side by side, the boundary
shall run midway between these two portions. At the Western
entrance of Johore Strait, the boundary, after passing through
the centre of the deep-water channel Eastward of Pulau
Merambong, sha 11 proceed seaward, in the general direct ion
of the axis of this channel produced, until it intersects
the 3-mile limit drawn from the low water mark of the South
Coast of Pulau Merambong. At the Eastern entrance of
Johore Strait, the boundary shall be held to pass through
the centre of the deep-water channel between the mainland
of Johore, Westward of Johore Hill, and Pulau Tekong Besar,
next through the centre of the deep-water channel between
Johore Shoal and the mainland of Johore, Southward of
Johore Hill, and finally turning Southward, to intersect
the 3-mile limit drawn from the low water mark of the mainland
of Johore in a position bearing 192 degrees from
Tanjong Sitapa.
The boundary as so defined is approximately delineated
in red on the map annexed hereunto and forming part of this
agreement. Should, however, the map, owing to alterations
in the channels, etc., appear at any time to conflict with
the text of this Agreement, the text shall in all cases
prevail.
Article ii
Subject to the provisions of Article i hereof, all
those waters ceded by Their Highnesses the Sultan and
Tumungong of Johore under the Treaty of the 2nd of August,
1~24, which are within three nautical miles of the mainland
of the State and Territory of Johore measured from the low
water mark·shall be deemed to be within the Territorial
waters of the State and Territory of Joho_re.
Article iii
All islets lying within the Territorial waters of the
State and Territory of Johore, as defined in Articles i and
ii hereof, which immediately prior to this Agreement formed
part of His Britannic Majesty's dominions, are hereby ceded
'in full sovereignty and property to His Highness the Sultan
of the State and Territory of Johore, his heirs ~nd successors
for ever.
I 15
Article iv
This Agreement shall remain without force or effect
until it has received the approval of the British Parliament.
In witness whereof His Excellency Sir Hugh Charles
Clifford, M.C.S., Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, Knight
Grand Cross of the Most Excellent Order of the British
Empire, and His Highness Ibrahim, Knight Grand Cross of the
Most Distinguished Order of Saint Michael and Saint George,
Knight Commander of the Most Excellent Order of the British
Empire, bin Almarhom Sultan Abu Bakar have set their respective
seals and signatures.
Dated at Singapore this 19th day of October 1927.
Witnesses:
Seal 3 and
Signature of
HUGH CLIFFORD,
Governor of the
Straits Settlements
Seal and
Signature of
SULTAN IBRAHIM of
JOHORE (in jawi script)
Witnesses:
J.D. HALL
J. HUGGINS
FOOTNOTES
ABDULLAH BIN JAAFAR (in
jawi script)
Mentri Besar of Johore
Captain HAJI MOHAMMED
SAID BIN HAJI SULEIMAN,
Private Secretary to
the Sultan (in J·awi
script)
1 .. National Archives of Malaysia hold the original.
2. Johore always dealt with the Governor as Governor, not
as High Commissioner for the Malay States.
3. Alone of the Governors, Clifford had himself made a
seal with a lengthy jawi inscription of his title as
well as the English one. There is some temptation to
believe that this treaty was at least partly signed
to give him a chance to use it.
116
ANNEX MM 13
Agreement for the Establishment of the Federation of Malaya as
an Independent Sovereign Country within the Commonwealth,
Kuala Lumpur, 5 August 1957, 163 British & Foreign State Papers
46
46 GREAT BRITAIN AND JORDAN
(No. 2.)--Her Majesty's Ambassador at Amman to the
Prime Minister of Jordan
Amtnan, 13th March, 1957.
Your Excellency,
I have the honour to acknowledge receipt of your Note of
to-day's date which reads as follows:
[As in No. l.]
In reply I have the hon.our to inform your Excellency that the
foregoing proposals are acceptable to the Government of ilie
United Kingdom and Northern Ireland who therefore agree
with• your suggestion that your Note together with the Annex
thereto and the present reply shall be considered as the Notes to
be exchanged mentioned in the Joint Declaration of the 13th
February, 1957, shall constitute an Agreement between the two
Governments in the terms of those proposals and the Annex
and shall be the formal instrument· terminating the 1948
Treaty, which shall enter into force on the day on which the
Government of the Ha.shemite Kmgdom of the Jordan shall
notify the Government of the United Kingdom that the approval
of the National Assembly of Jordan has been given to this
Agreement.
Please accept, &c.
C. H. JOHNSTON.
AGREEMENT for the establishment of the Fed;enttion of
Malaya as an indePf!IJ.dent sover,eii=o country within the
Comm.onwealth.-Kuala Lumpur, 5th August,- 1957(1)
WHEREAS by the Federation of Malaya Agreement, 1948(3),
provision was made for the establishment of a Federation of
Malaya comprising the Malay States of Johore, P.ahang; Negri
Sembilan, Selangor. Ke'Cl.ah, Perlis, Kelantan, Trengg"-nu and
Perak, and the Settlements of Penang and Malacca:
And -whereas the Federation of Malay-a Agreement, 1948,
has the force of law in the territories of the said Federation:
And whereas there now subsist between Her Majesty and
each of Their Highnesses the Rulers of the said Malay States
(1) Statutory Instruments, 1951 (No. 1533), page 3.
(2) Vol. 150, page 82.
GREAT BRITAIN AND MALAYA 47
(in the <:ase of Negri Sembilan between H~ Majesty and His
Highness the Yang di-Pertuan Besax and the Ruling Chielfs)
divers Agreements(3) relating to the government od' the several
States of Their Highnesses :
And whereas it has ·been represented to Her Majesty and
Their Highnesses and the Ruling Chiefs of Negri Sembilan
that fresh arrangements should be made for the. peace, order
an.cl good ,govemment of the territories within the said
Federation ~ and Her Majesty and Their Highnesses and the
said Ruling Chiefs have agreed that the Said Federation
should become an independent country within the Commonwealth
with the ·constitution hereinafter provided for :
An!i whereas by the Federation of Malaya Independence
Act, 1957{'). the approval of the Parliament of· the United
Kingdom was given to the conclusion of such Agreement as
is herein contained:.
Now, therefore, it is agreed and declared as follaws:
1. This Agreement may be cited as the Federation of
Malaya Agreement, 1957.
2. In this Agreement, unless the context otherwise
requires-
" the existing Federation" means the Fed·eration of Malaya
estaoblished by the Federation of Malaya Agreement, 1948 ;
" Federal Ordinance " means an Ordinance of the Legisla.
ture of the existing Federation ;
" Their Highnesses the Rulers " means the persons who are
for the time being the Sultan of 'the State and Territory of
Johore, the Sultan of the State of Pahang, the Yang di-Pertuan
Besar of the State of Negri Sembilan, the Sultan of the State
of Selangor, the Sultan o1 the State of Kedah, the Raja of the
State of Perlis, the Sultan of the State of Kelantan, the
Sultan of the State of Trengganu, and the Sultan of the State
of P-erak;
"the Malay States" means the States of Johore, Pa.hang,
Negri Sembilan, Selangor, Kedah, Perlis, Ke}antan, Tren-gganu
~nd Perak, and all dependencies, islands and places whi<:h,
unmediately -bi;fore the 31st day of August, 1957, are administered
as part thereof, and the territorial waters adjacent
thereto;
(i) See Vol. 150, pages 55 to 82.
(•) 5 & 6 Eliz. 2, Ch. 60.
48 GREAT BRITAIN AND MALAYA
" the Settiement b-f . Penang" and· " the Settlement of
Maiacca '.' ·include, all islands and places which, immediately
before the 31st ·aay of August, 1957, are administered as part
of those Settlements, and the territorial waters adjac~nt
thereto;
"the Settlements" means the Settlement of Penang and
the Settlement of Malacca.
3. As from the 31st day of August, 1957, the ·Malay States
and the Settlements shall be formed into a ne,v Federation
of States by the nam.e of Persekutuan Tan.ah Melayu, or in
English, the Federation of Malaya under the Federal Consti~
tutti.on set out in the First Schedule(5
) to this Agreement, and
thereupon the said Settlements shall cease to form part of Her
Majesty's dominions and. Her Majesty shall cease to exercise
any sovereignty over them, and all power and jurisdiction of
Her Majesty or of the Parliament of the United Kingdom in. or
in respect of the Settlements or the Malay States or the Federation
as a whole shall come to an end.
4. The Constitutions . set out in the Second and Third
Sichedules(") t6 this Agreement shall be the Constitutions of
Penang and Malac.ca respectively as States of the new
·Federation.
5. Subject to the provisions of the said Federal Constitution
and to the Fourth Schedule{s) to tb,is Agreement, the Federa•
tion of Malaya Agreement. 1948, and all other agreements
subsisting between Her Majesty and the other Parties to this
Agreeme_nt or any of them immediately before the said 31st
day of August .&hall be revoked as from that day, but nothing
in this Clause shall a.fled any provision in any agreement by
which provision any dis,pos_ition of territory was made.
6. The foregoing provisions of this Agreement are conditional111pon
the a.pprova1 of the sai.d. Federal Constitution by
Federal Ordinance and ·by an Enactment of each of the Malay
States.
7. This Agreement shall 'be expressed in both the English
an<l the Malay languages; but, for purposes of interpretation,
regard shall be had only to the English version. ·
In witness whereof Sir Donald Charles MacGilliv.ray,
G.C.M.G., M.B.E., has hereunto set his hand and seal on
(> J Not reproduced here.
GREAT BRITAJN AND :MALAYA 49
behalf of Her Majesty; and Their Highnesses the Rule.rs of
the States of Pa.bang, Negri Sembilan, Sel-angor, Kedah, Perlis,
Kelantan, Trengganu ~nd Perak and the Ruling Chie:fs of the
State of Negri Sembilan and His Highness Tunku Ismail lbni
Sultan Ibrahim. D.K., s·.P M.J .• S.P;M.K .• K.B.E.; C.M.G .•
the Regent of Johore. on behalf of His Highness the Sultan
of the State an-d Territory of Jobore, have hereunto s.et their
hands and seals.
Done the 5.th day· of• August. 1957, corresponding to the
9th day of Muharram_, 1377.
[Here follow the signatures.]
AGREEMENT between the United Kingdom and the Federation
of Malaya on External Defence and Mutual Assistance.-
Kuala Lumpur, 12th October, 1957(1)
Whereas the Federation of Malaya is fully self-governing
and independent within the Commonwealth ;
And whereas the Government of the Federation of Malaya
;;ind the Government of the United Kingdom of Great Britain
and Northern Ireland recognise that it is in their common
interest to preserve peace and to provide for their mutual
defence;
And whereas tbe Government of the Federation of Malaya
has now assumed responsibility for the external defence of its
territory ;
Now therefore the Government of the Federation of Malaya
and the Government of the United Kingdom of Great Britain
and Northern Ireland have agreed as follows:
ARTICLE I
The ·Government of the United Kingdom undertake to afford
to the Government of the Federation of Malaya such assistance
as the ·Government of the Federation of Malaya may require
for the external defence of its territory.
_ (') Cmnd. 263. The Australian and New Zealand Gov=ents proposed
to associate themselves with the terms of this Agreement in so fax as they
concem them by Exchanges of Letters with the Federation Goverm:iient.
For the._ arrangements for the employment of Overseas Commonwealth
Forces in emergency operations in the Federation of Malaya after Independence
see Onnd. 264.
ANNEX MM 14
Agreement between the United Kingdom, the Federation of
Malaya, North Borneo, Sarawak and Singapore Concerning the
Establishment of the Federation of Malaysia, London, 9 July
1963, 167 British & Foreign State Papers 49
No. 10760
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
and
FEDERATION OF MALAYA,
NORTH BORNEO, SARAWAK
and SINGAPORE
Agreement relating to Malaysia (with annexes, including
the Constitutions of the States of Sabah, Sarawak
and Singapore, the Malaysia Immigration Bill and
the Agreement between the Governments of the
Federation of Malaya and Singapore on common
market and financial arrangements). Signed at London
on 9 July 1963
Agreement amending the above-mentioned Agreement.
Signed at Singapore on 28 August 1963
Authentic texts of the Agreement: English and Malay.
Authentic text of the annexes: English.
Authentic text of the amending Agreement: English.
Registered by the United Kingdom of Great Britain and Northern Ireland
on 21 September 1970.
4 United Nations - Treaty Series 1970
AGREEMENT 1 RELATING TO MALAYSIA
The United Kingdom of Great Britain and Northern Ireland, the
Federation of Malaya, North Borneo, Sarawak and Singapore;
Desiring to conclude an agreement relating to Malaysia;
Agree as follows:
Article I
The Colonies of North Borneo and Sarawak and the State of Singapore
shall be federated with the existing States of the Federation of Malaya as
the States of -Sabah, Sarawak and Singapore in accordance with the
constitutional instruments annexed to this Agreement and the Federation
shall thereafter be called "Malaysia ".
Article II
The Government of the Federation of Malaya will take such steps as
may be appropriate and available to them to secure the enactment by the
Parliament of the Federation of Malaya of an Act in the form set out in
Annex A to this Agreement and that it is brought into operation on
31st August 1963 1 (and the date on which the said Act is brought into
operation is hereinafter referred to as " Malaysia Day ").
Article Ill
The Government of the United Kingdom will submit to Her Britannic
Majesty before Malaysia Day Orders in Council for the purpose of giving
the force of law to the Constitutions of Sabah, Sarawak and Singapore as
States of Malaysia which are set out in Annexes B, C and D to this.
Agreement.
Article IV
The Government of the United Kingdom will take such steps as may be
appropriate and available to them to secure the enactment by the Parliament
1 Came into force on 16 September 1963, in accordance with article II, as amended by the
Agreement of 28 August 1963 (see page 241 of this volume).
No. 10760
6 United Nations - Treaty Series 1970
of the United Kingdom of an Act providing for the relinquishment, as from
Malaysia Day, of Her Britannic Majesty's sovereignty and jurisdiction in
respect of North Borneo, Sarawak and Singapore so that the said sovereignty
and jurisdiction shall on such relinquishment vest in accordance with this
Agreement and the constitutional instruments annexed to this Agreement.
Article V
The Government of the Federation of Malaya will take such steps as
may be appropriate and available to them to secure the enactment before
Malaysia Day by the Parliament of the Federation of Malaya of an Act
in the form set out in Annex E to this Agreement for the purpose of
extending and adapting the Immigration Ordinance, 1959, of the Federation
of Malaya to Malaysia and of making additional provision with respect to
entry into the States of Sabah and Sarawak; and the other provisons of
this Agreement shall be conditional upon the enactment of the said Act.
Article VI
The Agreement on External Defence and Mutual Assistance between
the Government of the United Kingdom and the Government of the
Federation of Malaya of 12th October, 1957, 1 and its annexes shall apply
to all territories of Malaysia, and any reference in that Agreement to the
Federation of Malaya shall be deemed to apply to Malaysia, subject to the
proviso that the Government of Malaysia will afford to the Government of
the United Kingdom the· right to continue to maintain the bases and other
facilities at present occupied by their Service authorities within the State of
Singapore and will permit the Government of the United .Kingdom to make
such use of these bases and facilities as that Government may consider
necessary for the purpose of assisting in the defence of Malaysia, and for
Commonwealth defence and for the preservation of peace in South-East
Asia. The application of the said Agreement shall be subject to the provisions
of Annex F to this Agreement (relating primarily to Service lands in
Singapore). ·
Article Vil
(1) The Federation of Malaya agrees that Her Britannic Majesty may
make before Malaysia Day Orders in Council in the form set out in Annex G
to this Agreement for the purpose of making provision for the payment of
compensation and retirement benefits to certain overseas officers serving,
1 United Nations. Treaty Series, vol. 285, p. 59.
No. 10760
8 United Nations - Treaty Series 1970
immediately before Malaysia Day, in the public service of the Colony of
North Borneo or the Colony of Sarawak.
(2) On or as soon as practicable after Malaysia Day, Public Officers'
Agreements in the farms set out in Annexes H and I of this Agreement shall
be signed on behalf of the Government of the United Kingdom and the
Government of Malaysia; and the Government of Malaysia shall obtain
the concurrence of the Government of the State of Sabah, Sarawak or
Singapore, as the case may require, to the signature of the Agreement by the
Government of Malaysia so far as its terms may affect the responsibilities
or interests of the Government of the State.
Article VIII
The Governments of the Federation of Malaya, North Borneo and
Sarawak will take such legislative, executive or other action as may be
required to implement -the assurances, undertakings and recommendations
contained in Chapter 3 of, &nd Annexes A and B to, the Report of the
Inter~Governmental Committee signed on 27th February, 1963, in so far
as they are not implemented by express provision of the Constitution of
Malaysia.
Article IX
The prov1s1ons of Annex J to this Agreement relating to Common
Market and financial arrangements shall constitute an Agreement between
the Government of the Federation of Malaya and the Government of
Singapore.
Article X
The Governments of the Federation of Malaya and of Singapore will
take such legislative, executive or other action as may be required to implement
the arrangements with respect to broadcasting and television set out
in Annex K to this Agreement in so far as they are not implemented by
express provision of the Constitution of Malaysia.
Article XI
This Agreement shall be signed in the English and Malay languages
except that the Anne?(:es shall be in the English language only. In case of
doubt the English text of the Agreement shall prevail.
No. 1076S
10 United Nations - Treaty Series 1970
IN WITNESS . WHEREOF the undersigned, being duly authorized thereto,
have signed this Agreement.
DONE at London this Ninth day of July, 1963, in five copies of which one
shall be deposited with each of the Parties.
For the United Kingdom:
HAROLD MACMILLAN
DUNCAN SANDYS
LANSDOWNE
For the Federation of Malaya:
T.A. RAHMAN
ABDUL RA.ZAK
TAN SIEW SIN
V. T. SAMBANrHAN
ONG YOHE LIN s. A. LIM
For North Borneo:
DATU MUSTAPHA BIN DATU HARUN
D. A. STEPHENS w. K. H. JONES
K.Hoo SiAK CHmw
W. S. HOLLEY
G. S. SUNDANG
For Sarawak:
P. E. H. PIKE
T. JUGAH
AllANG HAJJ MUSTAPHA
LING BENO Srnw
A.BANG HAJI OPENG
For Singapore:
LEE KuAN YEW
GoH.KENG SWEE
No. 10760
ANNEX MM 15
Agreement Relating to the Separation of Singapore from Malaysia
as a Separate and Sovereign State of 7 August 1965 between the
Governments of Malaysia and Singapore, 563 UNTS 89
No. 8206
SINGAPORE
and
MALAYSIA
Agreement relating to the separation of Singapore from
Malaysia as an independent and sovereign State. Signed
at Kuala Lumpur, on 7 August 1965
Official text: English.
Registered by Singapore on 1 June 1966.
SINGAPOUR
et
MALAISIE
Accord relatifa la constitution de Singapour en tant qu'Etat
independant et souverain, detache de la Malaisie. Signe
a Kuala-Lumpur, le 7 aout 1965
Texte oJficul anglais.
Enregistre par Singapour le 16 juin 1966.
563 - 7
90 . United Nations -- Treaty Series 1966
No. 8206. AN AGREEMENT 1 RELATING TO THE SEPARATION
OF SINGAPORE FROM MALAYSIA AS AN INDEPENDENT
AND SOVEREIGN STATE. SIGNED AT KUALA
LUMPUR, ON 7 AUGUST 1965
An Agreement dated the 7th day of August, 1965, and made between the Government
of Malaysia of the one part and the Government of Singapore of the other part.
Whereas Malaysia was established on the 16th day of September, 1963, by a
federation of the existing states of the Federation of Malaya and the States of Sabah,
Sarawak and Singapore into one independent and sovereign nation;
And whereas it has been agreed by the parties hereto that fresh arrangements
should be made for the order and good government of the territories comprised
in Malaysia by the separation of Singapore from Malaysia upon which Singapore
shall become an independent and sovereign state and nation separate from and
independent of Malaysia and so recognised by the Government of Malaysia;
Now therefore it is agreed and declared as follows:
Article I
This Agreement may be cited as the Independence of Singapore Agreement,
1965.
Article II
Singapore shall cease to be a State of Malaysia on the 9th day of August, 1965.
(hereinafter referred to as "Singapore Day") and shall become an independent and
sovereign state separate from and independent of Malaysia and recognised as such by
the Government of Malaysia; and the Government of Malaysia will proclaim and
enact the constitutional instruments annexed to this Agreement in the manner
hereinafter appearing.
Article III
The Government of Malaysia will declare by way of proclamation in the form
set out in Annex A to this Agreement that Singapore is an independent and sovereign
1 Came into force on 9 August 1965, the date of independence of Singapore, by signature.
92 United 'J\T ations -~ Treaty Series 1966
state separate from and independent of Malaysia and recognised as such by the
Government of Malaysia.
Article IV
The Government of Malaysia will take such steps as may be appropriate and
available to them to secure the enactment by the Parliament of Malaysia of an Act
in the form set out in Annex B to this Agreement and will ensure that it is made
operative as from Singapore Day, providing for the relinquishment of sovereignty
and jurisdiction of the Government of Malaysia in respect of Singapore so that
the said sovereignty and jurisdiction shall on such relinquishment vest in the Government
of Singapore in accordance with this Agreement and the constitutional instruments
annexed.
Article V
The parties hereto will enter into a treaty on external defence and mutual assistance
providing that :
(1) the parties hereto will establish a joint defence council for purposes of external
defence and mutual assistance ;
(2) the Government of Malaysia will afford to the Government of Singapore such
assistance as may be considered reasonable and adequate for external defence,
and in consideration thereof, the Government of Singapore will contribute from
its own armed forces such units thereof as may be considered reasonable and
adequate for such defence;
(3) the Government of Singapore will afford to the Government of Malaysia the
right to continue to maintain the bases and other facilities used by its military
forces within Singapore and will permit the Government of Malaysia to make
such use of these bases and facilities as the Government of Malaysia may consider
necessary for the purpose of external defence ;
(4) each party will undertake not to enter into any treaty or agreement with a foreign
country which may be detrimental to the independence and defence of the territory
of the other party.
Article VI
The parties hereto will on and after Singapore Day co-operate in economic
affairs for their mutual benefit and interest and for this purpose may set up such joint
committees or councils as may from time to time be agreed upon.
No. 8206
94 United Nations - Treaty Series 1966
Article VII
The provisions of Annex J and K of the Agreement relating to Malaysia dated
the 9th day of July, 1963 are hereby expressly rescinded as from the date of this
Agreement.
Article VIII
With regard to any agreement entered into between the Government of Singapore
and any other country or corporate body which has been guaranteed by the Government
of Malaysia, the Govemment of Singapore hereby undertakes to negotiate with
such country or corporate body to enter into a fresh agreement releasing the Govern:ment
of Malaysia of its liabilities and obligations Wlder the said guarantee, and the
Government of Singapore hereby undertakes to indemnify the Government of
Malaysia fully for any liabilities, obligations or damage which it may suffer as a
result of the said guarantee.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have
signed this Agreement.
DONE this 7th day of August, 1965, in two copies of which one shall be deposited
with each of the Parties.
No. 8200
For the Government of Malaysia:
Y. T. M. TuNKU ABDUL RAHMAN PuTRA AL-HAJ, K.0.M.
Prime Minister
TUN ABDUL RAZAK BIN DATO HUSSEIN, S.M.N.
Deputy Prime Minister
DATO (Dr.) ISMAIL BIN DATO ABDUL RAHMAN, P.M.N.
Minister of Home Affairs
TAN SIEW SIN, J.P.
Minister of Finance
DATO V.T. SAMBANTHAN, P.M.N.
Minister of Works, Post and Telecommunications
96 United Nations - Treaty Series
For the Government of Singapore:
LEE KUAN YEW
Prime Minister
TOH CHIN CHYE
Deputy Prime Minister
GOH KENG SWEE
Minister for Finance
E. w. BARKER
Minister for Law
S. RAJARATNAM
Minister for Culture
!NGHE OTHMAN WOK
Minister for Social Affairs
ONG p ANG BOON
Minister for Education
YONG NYUK LIN
Minister for Health
LIM KIM SAN
Minister for National Development
]EK YUEN THONG
Minister for Labour
ANNEX "A"
PROCLAMATION ON SINGAPORE
1966
In the name of God, the Compassionate, the Merciful. Praise be to God, the Lord of the
Universe, and may the benediction and peace of God be upon Our Leader Muhammad and
upon all His Relations and Friends.
WHEREAS Malaysia was established on the 16th day of September, 1963, by a federa•
tion of the existing states of the Federation of Malaya and the States of Sabah, Sarawak
and Singapore into one independent and sovereign nation;
AND WHBREAS by an Agreement made on the 7th day of August in the year one thousand
nine hundred and sixty-five between the Government of Malaysia of the one part and
the Government of Singapore of the other part it was agreed that Singapore should cease
to be a state of Malaysia and should thereupon become an independent and sovereign state
and nation separate from and independent of Malaysia;
No. 8206
98 United Nations -_Treaty Series 1966
AND WHEREAS it was also agreed by the parties to the said Agreement that, upon the
separation of Singapore from Malaysia, the Government of Malaysia shall relinquish its
sovereignty and jurisdiction in respect of Singapore so that the said sovereignty and jurisdiction
shall on such relinquishment vest in the Government of Singapore;
Now in the name of God the Compassionate, the Merciful, I, Tunku Abdul Rahman
Putra AJ.Haj Ibni Almarhum Sultan Abdul Hamid Halim Shah, Prime Minister of
Malaysia, with the concurrence and approval of His Majesty the Yang di-Pertuan Agong
of Malaysia, do hereby declare and proclaim that, as from the 9th day of Augustin the year
one thousand nine hundred and sixty.five, Singapore shall cease to be a State of Malaysia
and shall forever be an independent and sovereign state and nation separate from and
independent of Malaysia, and that the Government of Malaysia recognises the present
Government of Singapore as an independent and sovereign government of Singapore and
will always work in friendship and co-operation with it .
. Y. T. M. TUNKU ABDUL RAHMAN PUTRA AL~HAJ, K.0.M,
ANNEX "B"
A BILL INTITULED "AN ACT TO AMEND THE CONSTITUTION OF MALAYSIA
AND THE MALAYSIA ACT"
Be it enacted by the Dull Yang Maha Mulia Seri Paduka Baginda Yang di~Pertuan
Agong with the advice and consent of the Dewan Negara and Dewan Ra'ayat in Parliament
assembled, and by the authority of the same, as follows:
Sho,t title
1. This Act may be cited as the Constitution and Malaysia (Singapore Amendment)
Act, 1965.
Provision Jo, Singapore to leave Malaysia
2. Parliament may by this Act allow Singapore to leave Malaysia and become an in•
dependent and sovereign state and nation separate from and independent of Malaysia.
Separation of Singapore f,om Malaysia, independem;e, sove,eignty and recognition
3. Singapore shall cease to be a State of Malaysia on the 9th day of August, 1965, (hereinafter
called "Singapore Day") and shall thereupon become an independent and sovereign
state and nation separate from and independent of Malaysia and recognised as such by the
Government of Malaysia; and accordingly the Constitution of Malaysia and the Malaysia
Act shall thereupon cease to have effect in Singapore except as hereinafter provided.
No. 8206
_I
---'-------------------------------------
100 United Nations - Treaty Series 1966
Retention of Singapore's executive and legislative powers
4. The Government of Singapore shall on and after Singapore Day retain its executive
authority and legislative powers to make laws with respect to those matters provided for
in the Constitution.
Transfer of executive and legislative powers of Parliament
5. The executive authority and legislative powers of the Parliament of Malaysia to make
laws for any of its constituent_ States with respect to any of the matters enumerated in the
Constitution shall on Singapore Day cease to extend to Singapore and shall be transferred
so as to vest in the Government of Singapore.
Transfer of sovereignty and jurisdiction, etc,
6. The Yang di-Pertuan Agong shall on Singapore Day cease to be the Supreme Head
of Singapore and his sovereignty and jurisdiction, and power and authority, executive or
otherwise in respect of Singapore shall be relinquished and shall vest in the Yang di•
Pertuan Negara, the Head of State of Singapore.
Continuation and efject of present laws
7, All present laws in force in Singapore immediately before Singapore Day shall continue
to have effect according to their tenor and shall be construed as if this Act had not
been passed in respect of Singapore subject however to amendment or repeal by the
Legislature of Singapore.
Temporary provision as to jurisdiction and procedure of Singapore Courts
8. Until other provision is made by the Legislature of Singapore, the jurisdiction, orig:.
inal or appellate, and the practice and procedure of the High Court and the subordinate
Courts of Singapore shall be the same as that exercised and followed immediately before
Singapore Day, and appeals from the High Court shall continue to lie to the Federal Court
of Appeal of Malaysia and then to the Privy Council in like manner.
Transfer of property and succession to rights, liabilities and obligations
9. All property, movable and immovable, and rights, liabilities and obligations which
before Malaysia Day belonged to or were the responsibility of the Government of Singapore
and which on that day or after became the property of or the responsibility of the Government
of Malaysia shall on Singapore Day revert to and vest in or devolve upon and become
once again the property of or the responsibility of Singapore.
Transfer of Singapore officers
10. {a) All persons, including members of the Armed Forces, the Police Force, the Courts
and the Judiciary, and all others who immediately before Malaysia Day were officers
employed by the Government of Singapore and who on that day or after became officers
employed by the Government of Malaysia shall on Singapore Day become once again
officers employed by the Government of Singapore.
No, 8206
102 United Nations - Treaty Series 1966
(b} All persons who between Malaysia Day and Singapore Day were engaged by the
Government of Malaysia for employment in those departments which were departments
of the State of Singapore before Malaysia Day shall on Singapore Day become forthwith
officers employed by the Government of Singapore,
Singapon: Senators and members of Parliament
11. The two Senators and fifteen Members of Parliament from Singapore shall on Singapore
Day cease to be members of the Senate and the House of Representatives respectively.
Singapore citizenship
12. A citizen of Singapore shall on Singapore Day cease to be a citizen of Malaysia.
International agreements, etc., relating to SingapO'Ye
13. Any treaty, agreement or convention entered into before Singapore Day between the
Yang di-Pertuan Agong or the Government of Malaysia ·and another country or countries,
including those deemed to be so by Article IG9 of the Constitution of Malaysia shall in so
far as such instruments have application to Singapore, be deemed to be a treaty, agreement
or convention between Singapore and that country or countries, and any decision taken
by an international organisation and accepted before Singapore Day by the Government of
Malaysia shall in so far as that decision has application to Singapore be deemed to be a
decision of an international organisation of which Singapore is a member.
In particular as regards the Agreement on External Defence and Mutual Assistance
between the Government of the United Kingdom and the Government of the Federation
of Malaya of 12th October, 1957, 1 and its annexes which were applied to all territories
of Malaysia by Article VI of the Agreement Relating to Malaysia of 9th July, 1963, subject
to the provision of Annex F thereto (relating primarily to Service lands in Singapore), the
Government of Singapore will on and after Singapore Day afford to the Government of the
United Kingdom the right to continue to maintain the bases and other facilities occupied
by their Service authorities within Singapore and will permit the Government of the
United Kingdom to make such use of these bases and facilities as that Government may
consider necessary for the purposes of assisting in the defence of Singapore and Malaysia
and for Commonwealth defence and for the preservation of peace in South-East Asia.
M 1ttual governmen_t guarantees of water agreements
14. The Government of Singapore shall guarantee that the Public Utilities Board of
Singapore shall on and after Singapore Day abide by the terms and conditions of the
Water Agreements dated 1st September, 1961, and 29th September, 1962, entered into
between the City Council of Singapore and the Government of the State of Johore.
The Government of Malaysia shall guarantee that the Government of the State of
Johore will on and after Singapore Day also abide by the terms and conditions of the said
two Water Agreements.
1 United Nations, Treaty Series, Vol. 285, p. 59.
No. 8206
ANNEX MM 16
Indonesia-Malaysia: Agreement between the Government of the
Republic of Indonesia and the Government of Malaysia Relating to
the Delimitation of the Continental Shelves between the Two
Countries, 27 October 1969
IND01''ESIA-MALA YSIA: AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF INDONESL-\. AND THE
GOVERNMENT OF MALA YSL-\. RELA TrNG TO THE
DELL\-HT A TION OF THE CONTINENT AL SHELVES
BETWEEN THE TWO COUNTRIES
Signed at Kuala Lumpur on 27 October 1969: came imo force on 7 November 1969.
7ne Government of the Republic of Indonesia and rhe Government of Malaysia
Desiring to strengthen the existing historical bonds of friendship between the two Countries. and
Desiring to establish the boundaries of lhe continental shelves between the two countries.
Hal't agreed as follows:-
Article I
I. The boundaries of the Indonesian and the Malaysian continental shelves in the straits of Malacca and lhe
South China Sea are the straight lines connecting the points specified in column I below whose co-Drdinates are specified
opposite those points in columns 2 and 3 below:
A. In the Straus of Malacca
{I) Poillt
l
2
3
4
5
6
7
8
9
10
(2) Longitude E
98° 17'.5
98 • 41 '.5
99°43'.6
99° 55'.0
IOI O 12' .I
101· 46'.5
102° 13'.4
102 • 35' .0
103° 03'.9
!03° 22'.8
(3} latitude N
os· 2r.o
04° 55'.7
03° 59· .6
03° 47'.4
02" 41'.5
02° 15'.4
01°55'.2
01 • 41 '.2
OJ• 19'.5
01 • 15'.0
B. In the Souda China Sea (Western Side Off the East Coast of Wut Malaysia)
(I) Point
II
12
13
14
15
16
17
18
!9
20
(2) longitude E
104°29'.5
104' 53'.0
105° 05'.2
105° 01'.2
!04° 51'.5
!04° 46'.5
104° 51'.9
105° 28'.8
105' 47'.l
105° 49' .2
(3) IAtitudt N
01° 23'.9
01 • 38' .o
0 l • 54" .4
02" 22' .5
02" 55'.2
03° 50'.I
04° 03'.0
05• 04· .1
as· 40' .6
06° 05' .8
C. In the South Chi11a Sea (Eastern Side off the Coast of Sarawak)
1. I) Point
21
23
24
25
(2) longitude E
109° 38 .. 8
109° 54'.5
l 10° 02'.0
109 • 59' .0
109° 38' .6
(3) &ltitude N
02· 05".0
03• oo·.o
04" 40'.0
05°3!'.2
06° 18'.2
1 The co-ordinates of the points specified in paragraph I are geographical co-ordinates and the wai~ht lines
~0nnecting them are indica1ed on the chart attached as Annexur~ 'A' to this Agreement. -
3. The acrual location of the above mentioned points at sea shall be determined by a method to be mutually
Jgreed upon by the competent authorities of the two Govemme,m.
4. For the purposes of paragraph 3 "competent aulhorities" in relation to the Republic of Indonesia means the
Di rekru r. Di rek torat Hid rog ra fi Ang kata.n Laut, Republ ik lndones ia and includes any person authorised by him. and in relation
to Malaysia !he Pengarah, Pemetaan Negara. Malaysia and includes any person authorised by him.
Article II
Each Government hereby undertakes to ensure Iha! all the necessary steps shall be ta.ken at the domes1ic level to
comply wilh the terms of this Agreement.
Article Ill
This Agreement sha!I not in any way affect any furJre agreement which may be entered into between the two
Governments relating to the delimitation of the territorial sea boundaries between the two Countries.
Article IV
If any single geological petrpleum or natural gas st;ucrure extends across the straight lines referred to in anicle I and
the pan of such structure which is siruated on one side of the said lines is exploitable, wholly or in pan, from !he olher side
of the said lines, the two Governments will seelt to reach agreemem as to !he manner in which !he strucrure shall be most
effectively exploited.
Articlt y
Any dispute between the two Governments arising out of the interpretation or implementation of this Agreement shall
be senled peacefully by consultation or negotiation.
Ankle YI
This Agreement shaU be ratified in accordance with the constiru1ional requirements of the two Coumries.
Article VII
This Agreemen1 shaU enter into force on the date of the exchange of the Instruments of Ratification.
In witnus whtreoflhe undersigned, being duly authorised thereto by their respective Governments, have signed this
Agreement.
Done in duplicate at Kuala Lumpur the 27th day of October. 1969. in the Indonesian, Malaysian and English
languages. In the e:uent of any conflict be1wcen the texts, the English text shall prevail.
[Chan and map attached to lhe Agreement are omitted]
ANNEX MM 17
Treaty between Malaysia and the Republic of Indonesia Relating
. to the Delimitation of the Territorial Seas of the Two Countries in
the Straits of Malacca, 17 March 1970
TREA Ti BETVIEEN MALAYSIA AND THE REPUBLIC OF
INDONESIA RELATING TO THE DELIMITATION OF
THE TERRITORIAL SEAS OF THE N/0 COUNTRIES
IN THE STRAITS OF MALACCA
MALAYSIA AND THE REPUBLIC OF INDONESIA,
NOTING that the cocah of the two Countries ore cpposite to each other in
the Stra i h; of Ivie lac co and tho t the breadth of the territorial secs of each Coun ir y
is twelve nautical miles,
DESIRING to strengthen the existing historical bonds of friendship between
the two Countries,
AND DESI RING to establish tne boundori es of the territorial secs of the 1v,,0
Counh-ies in the narrow port of the Straits of /v',alacca bounded -
(a) in the North by the line joining Ton jong Rhu latitude 020 51 '. l N longirude
101° 16'.9 E to Point 1 lotitude 02° 51 '.6 N Longitude 101° 00'.2 E end to
Pulau Batu i'A:Jndi latitude 02° 52'.2 N Longitude 1()()0 41 '.0 E; and
(b) in the South by the line joining _Taniong.Pioi Lotirude 01° 16'.2 N L-:ingirude
1030 30'.5 E to Point 8 Latitude 01° 15'.0 N longih.Jde 103° 22'.8 E to Pulou
I ju Ketjil Latitvde 01° 11 '. 2 N longitude l 03° 21 '.0 E and to Tandjurig Kedobu
latitude 01 ° 05'. 9 N Longitude 102° 58'. 5 E,
HAVE AGREED AS FCXLOWS:
Article I ..
(1) The boundary line of the fv\aloysian and the Indonesian territorial seas in the
Srroits of iYalaceo in the area described in the preamble shall subiect lo paragraph
(2) be o median line meosvred from their respective baselines within the
soid area.
(2) (o) Except as provided in sub-paragraph (b), trye eo-ordino te:s of the Points of
the $0id bovndary line ore as follows :
Point 1. 101° 00'.2 E 02'0 51 '.6 N
Point 2. 101° 12'.1 E 02° 41 '.5 N
Point S. 101° 46'.5 E 02° 15'.4 N
Point 4. 102° 13'.4 E 01° 55'.2 N
Point 5. 102° 35'.0 E 01° 41 '.2 N
Point 6. 103° 02 ".1 E 01° 19'. 1 N
Point 7. 103° 03'.9 E 01° 19'.5 N
Point 8. 103° 22'.8 E 01° 15'.0 N
(b) Point ..... ••
- 2 -
(b) Point 6 does not apply to iValaysio.
(3) The co-ordinates of the ~oint-s specified in porogroph (2) are geographical coordinates
and the boundary line connecting them iJ indicated on the chort
attached cs Annexvre "A" to thi, Treaty,
(4) The octuol loc:otioo of the obovementioned Poinl-s ot sea shall be determined by
o method to be mutually agreed upon by the competent authorities of the two
Per ti es,
(5) FOf the purposes of paragraph {4) "competent outhofities" in re!o tiOfl to N\-:i!oysia
meons the Pengaroh, Pernel'can Negara, ¼lcysia end includes any penon
authorised by him and in relation to the Republic of Indonesia the Direktw Hidrogrcfi
Angkoton Lout, Republik Indonesia end includes any person outhori1 ed
by him.
Article 11
Each Porty hereby undertakes to ensure that all the neces.sory steps sh,ol I be
token ct the domestic level lo compl-,£,with the terms of this Treaty.
A.rticle Ill
Ariy dispute between the two Porti es arising out of the in tetpre la tion or
implementation of this Treoty shall be_se1tl~ peocef...1lty by consul h:ltion or negotiation.
Article IV
This Trea-ty shall be ratified in occOJdance with the constitutiorn:il requiremenh
of the two Countries.
Article V
This Treaty shall enter into force on the date of the exd1<inge of the fn5t,-uments
of Ratification.
DONE IN DUPUCATE AT .... ~.4:.~~ ........ the .. , ..... .
:J:~~~-... doy of .•.. -0.'~~ ......... , 1970, in the ~ loysian, I ndone•
sian and English languog~ .
In the event of any conflict between the texts, the Engliih text shall prevail.
FOR 1-MLAYSIA 1,-/0R THE REPUBLIC OF INDONESIA
.1 '-t, fl-,' /U,;,4..(_ ,R "J ~ ~
l)nf.,-, I 11~,<N', ,<_, •
ANNEX MM 18
Agreement Stipulating the Territorial Sea Boundary Lines between
Indonesia and the Republic of Singapore in the Strait of Singapore,
25 May 1973: in "Territorial Sea Boundary: Indonesia-Singapore"
(Department of State, Limits in the Seas, No. 60, 1974)
The Governments of the Republic of Indonesia and the
Republic of Singapore signed a territorial sea boundary
agreement on May 25, 1973. Indonesia ratified the agreement
on December 3, 1973; Singapore ratified the agreement
on August 29, 1974, Neither country is a party
to the 1958 Geneva Convention on the Territorial Se~ and
Contiguous Zone.
The "Agreement Stipulating the Territorial Sea Boundary
Lines Between Indonesia and the Republic of Singapore in
the Strait of Singapore" specified that:
Article I
1. The l:x:iundary line of the territorial seas of the Republic
of Indonesia and the Republic of Singapore in the Strait
of Singapore shall be a line, consisting of straight lines
drawn between points, the co-ordinates of which are as
follows:
Points
l
2
3
4
5
6
Latitude North
1"10'46".0
1"07'49".3
1"10'17".2
1"11'45".5
1°12'26".l
1°16'10".2
Longitude East
l03"40'14n.6
103°44'26".5
103°48'18".0
103"51'35".4
103"52'50".7
10,po2' oo" .o
2. The co-ordinates of the points specified in paragraph 1 are
geographical co-ordinates and the boundary line connecting
them is indicated on the chart attached as Annexure "A"
to this Treaty,
3. The actual location of the above mentioned points at sea
shall be determined by a method to be mutually agreed
upon by the competent authorities oft.he two countries.
4. For the purpose of paragraph 3, ''Competent authorities in
relation to the Republic of Indonesia means the Ketua Badan
Koordinasi Survey dan Pemataan Nasional (Chief of the
Coordination Body for Nationa.l Survey and Mapping) and in
relation to the Republic of Singapore means any_persons so
authorized by the Government of the Republic of Singapore.
- 2 -
Article II
Any disputes between' the two countries arising out of the
interpretation or implementation of this Treaty sha 11 b_e sett led
peacefully by consultation or negotiation.
Article III
This Treaty shall be ratified in accordance with the constitutional
requirements of the two countries.
Article N
This Treaty shall enter into force on the date of.the exchange
of the Instruments of Ra ti f ica tion.
DONE IN DUPLICATE AT Jakarta the twenty-fifth day of May
one thousand nine hundred and seventy three in the Indonesia and
English languages. In the event of any conflict between the
texts, the English text shall prevail.
Analysis
The analysis of the Indonesia-Singapore territorial
sea boundary has been based upon a plotting of the coordinates
on DMAHC Chart N.O. 71242, 17th ed., August 1963, revised
October 21, 1970.
Indonesia claims a 12-nautical-mile territorial sea
dating from 1957. Singapore's 3-nautical-mile territorial
sea claim dates from 1957. Singapore's 3-nautical-mile
territorial sea claim dates from 1878, when the British proclaimed
a 3-nautical-mile limit for itself and its possessions.
The territorial sea boundary extends for a distance
of 24.55 nautical miles. The average distance between
the turning points is 4.91 nautical miles; the minimum
is 1.35 nautical miles: the maximum is 9.85 nautical
miles. The water depths along the territorial sea· boundary
range from 12 to 25 fathosm, with an average.depth of 17.83
fa thorns.
ANNEX MM 19
Agreement between the Government of Malaysia and the
Government of the Republic of Singapore to Delimit Precisely the
Territorial Waters Boundary in Accordance with the Straits
Settlements and Johore Territorial Waters Agreement 1927,
7 August 1995
INSTRUMENT OF RATIFICATION
WHEREAS, an Agreement between the Government of Malaysia and
the Government of the Republic of Singapore to Delimit Precisely the
Tenitorial Waters Boundary in Accordance with the Straits Settlements
and Johore Territorial Waters Agreement 1927 was signed at Singapore
on the 7th day of August, in the year on One Thousand, Nine Hundred
and Ninety-Five;
AND WHEREAS, the Government of Malaysia in accordance with
Article 6 of the Agreement has decided to ratify the said Agreement;
NOW THEREFORE, the Government of Malaysia, having considered
the said Agreement, does hereby confirm and ratify the same and
undertake faithfully to perform and carry out all the stipulations therein
contained;
IN WITNESS WHEREOF, this Instrument of Ratification is signed and
sealed by the Minister of Foreign Affairs, Malaysia.
DONE at Singapore this 7th day of August in the year One Thousand,
· Nine Hundred and Ninety~Five.
Minister of Foreign Affairs,
Malaysia.
AGREEMENT BETWEEN
THE GOVERNMENT OF MALAYSIA
AND TIIE GOVERNMENT
OF TIIE REPUBLIC OF SINGAPORE
TO DELIMIT PRECISELY THE TERRITORIAL
WATERS BOUNDARY IN ACCORDANCE
WITII THE STRAITS SETTLEMENT AND JOHORE
TERRITORIAL WATERS AGREEMENT 1927
WHEREAS by the Straits Settlements and Johore :Territorial
Waters Agreement dated 19 October 1927, hereinafter referred to as
"the 1927 Agreement", made between His Excellency Sir Hugh Charles
Clifford, Governor and Commander-in-Chief of the Colony of the Straits
Settlements, on behalf of His Britannic Majesty and His Highness
Ibrahim bin Almarhum Sultan Abu Bakar, Sultan of the State and
Territory of Johore, the boundary between the territorial waters of the
Settlement of Singapore and the State and Territory of Johore was
agreed upon;
AND WHEREAS the State and Territory of Johore has been
succeeded to by Malaysia and is a State within Malaysia and the
Settlement of Singapore has been succeeded to by the Republic of
Singapore;
1
.,
AND WHEREAS the Government of Malaysia and the
Government of the Republic of Singapore, hereina~er referred to as "the
Contracting Parties", recognising the need to delimit precisely the
territorial waters boundary in accordance with the 1927 Agreement,
agreed to conduct a joint hydrographic survey based on the
Memorandum of Procedure relating to the said survey as agreed upon
on 29 January, 1980;
AND WHEREAS UPON the successful completion of the joint
hydrographic survey on 12 May 1982 and the adoption of its report by
the Contracting Parties on 16 April 1985, ·the Contracting Parties are
desirous of entering into an agreement to delimit precisely the territorial
_ waters boundary between Malaysia and the Republic of Singapore in the
areas described in Article I of the 1927 Agreement;
NOW, therefore it is agreed and declared as follows:
ARTICLE 1
The Boundary
1. The territorial waters boundary between Malaysia and the
Republic of Singapore in the areas described in Article I of the 1927
Agreement is defined by straight lines joining the points, the
geographical coordinates of which are specified in Annex I.
2. The latitude and longitude of the geographical coordinates
specified in Annex I have been determined on the Revised Kertau
2
..
' ;
_.
;
'
'
:
;
;
!
'
:
Datum, Everest Spheroid (Malaya), Malaysian Rectified'- Skew
Orthomorph1c Projection (Projection Tables published by Directorate of
Military Survey, Ministry of Defence, United Kingdom - March 1965).
Chart Datums used are as described in the Joint Hydrographic Survey
'--.
Fair Sheets 1980/1982 listed in Annex Il.
3. As an illustration, the territorial waters boundary referred to in
paragraph (1) is shown in red on the map attached hereto as Annex ID.
4. Where the actual location of the points specified by the
geographical coordinates in Annex I or any other points along the
bound~ is required to be determined, it shall be determined jointly by
the competent auth0rities of the Contracting Parties.
5. For the purpose of paragraph 4 of this Article the term
"competent authorities", in relation to Malaysia shall mean the Director
General of Survey and Mapping, Malaysia and any person authorised by
him, and in relation to the Republic of Singapore shall mean the Head
of the Mapping Unit, Ministry of Defence, Singapore and any person
authorised by him.
ARTICLE 2
Finality of Boundary
There shall be no alteration to the territorial waters boundary as
defined in Article I.
3
ARTICLE 3
Settlement of Disputes
Any dispute between the Contracting Parties arising out of the
interpretation or implementation of this Agreement shall be settled by
consultation or negotiation.
ARTICLE 4
Relationship With 1927 A1:reement
In the event of any inconsistency between Article 1 of this
Agreement and Article I of the 1927 Agreement, Article 1 of this
Agreement shall prevail.
ARTICLE 5
Ratification
This Agreement shall be subject to ratification by the Contracting
Parties.
ARTICLE 6
Entry into Force
This Agreement shall enter into force on the date of exchange of
the instruments of ratification by the Contracting .Parties.
4
;
'
·.
'
'
:
;
'
IN WITNESS WHEREOF the undersigned, being duly
authorised thereto by their respective Government, -have signed this
Agreement.
DONE at Singapore on this seventh day of August one thousand
nine hundred and ninety-five in four original texts, two each in Malay
and English languages, all texts being equally authentic. In case of any
divergency, the English text shall prevail.
FOR THE GOVERNMENT
OF MALAYSIA
-~
DATIJK ABDULLAH
AH1\fAD BADAWI
:MINISTER OF
FOREIGN AFFAIRS
5
FOR THE GOVERNMENT
OF THE REPUBLIC OF
SINGAPORE
PROFESSOR
S. JAY AKUfvtAR
MJNISTER FOR
FOREIGN AFFAIRS
)
-'
:
<
'
'
J
'
'
1
~--------------------------
, ... ,~ .
... ,,,._., ...... ,. - ..... , ... -· :: ... ::•: .. :,::·_._,::··
-,.,
... ' .· ... ~ -· : .. '
;
ANNEX I
. ~
GEOGRAPHICAL COORDINATES
'
1. East of Johor Causeway
Designating .. Latitude Longitude
Pciints •.. North East
; '
0 ' : ti 0- '
,,
El 0127-10.0 103 46 16.0
. .
E2 bi 27 54.5 103 47 25.7
E-3 0128 35.4
..
103 48. i~.2 -
E4 0128 42.5 f03 48"45.6 ,.
E5 0128 36.1 103 49 19.8 '
E6 01 28 22.8 103 50 03.0
E7 01 27 58.2 103 51 07.2
ES 01 27 46.6 103 5131.2
E9 0127 "31.9 103 51 53.9
EIO (}1 27 '23.5 103 52 05.4
Ell 01 26 56.3 103 52 30.1
E12 01 26 06,5 103 53 10.1
El3 01 25 40.6 103 53 52.3 I
E14 01 25 39.1 103 54 45.9 )
E15 0125 36.0 103 55 00.6
El6 01 25 41.7 103 55 24.0
_;
E17 01 25-49.5 103 56 00.3
El8 01 25 49.7 103 56 15.7
E19 01 25 40.2 103 56 33.1
E20 01 Z5 31.3 103 57 09.1 ;
E21 01 25 27.9 103 57 27.2
E22 01 25 29.1 103 57 38.4
i
l '
; ·-· ,. ... ' ·, .. ,~ .. -- --
.
Designating
Points
E23
E24
E25
E26
E27
E28_
E29
E30
E31
E32
E33
E34
E35
E36
E37
E38
E39
E40
E41
E42·
E43
E44
£45
E46
E47
.. Latitude
... North
0 '\ .,
01 25 19.8
012519;0
01 25 27;9
01 25 27.4
01 25 29.7
01 25 29.2
01 25 30.0
01 25 25.3
01 25 14.2
01 26 20.9
01 26 38.0
01 26 23.5
01 26 04.7
01 25 51.3
01 25 03.3
01 24 55.8
01 24 44.8
01 24 21.4
01 23 59.3
01 23 39.3
01 23 04.9
01 22 07.5
01 21 27.0
01 20 48.0
011721.3
2
Longitude
East
0 '- 11
103 58 00.5
103 58 20.7
103 58 47.7
103 59 00.9
103 59 10.2
103 59 20,5
i03 59 34.5
103 59 42.9
104 00 10.3
104 01 23.9
104 02 27.0
104 03 26.9
104 04 16.3
104 04 35.3
104 05 18.5
104 05 22.6
104 05 26.7
104 05 33.6
104 05 34.9
104 05 32.9
104 05 22.4
104 05 00.9
104 04 47.0
104 05 07.0
104 07 34.0
.
-'
; .
;
!
'
1
'
'
'.1., . \Vest of Johar Causewav
Designating .. Latitude Longitude
Points ... North East
0 ' " 0 ' "
Wl 01 27 09.8 103 46 15.7
' W2 012654.2 103 45 38.5
W3 01 27 01.4 103. 44 48.4
W4 01 27 16.6 103 44 23.3
:
ws 01 27 36.5 103 43 42.0
W6 0~ :27-26,9 103 42 50.8 ,J
W1 "·6127'02'.8 103 4213.5
W8 012635.9 103 41 55.9
W9 01 26 23.6 103 41 38.6
WIO 01 26 14.1 103 41 00.0
Wll 01 25 41.3 103 40 26.0
W12 01 24 56.7 103 40 10.0
'
W13 012437.7 103 39 50.1 ;
W14 01 24 01.5 103 39 25.8
; WIS 01 23 28.6 103 39 12.6 '
W16 01 23 13.5 103 39 10.7
W17 01 22 47.7 103 38 57.1
WIS 01 21 46.7 103 38 27.2
I \Vl9 01 21 26.6 103 38 15.5
W20 01 21 07.3 103 38 08.0
W21 01 20 27.8 103 37 48.2
W22 01 19 17.8 103 37 04.2
W23 01 18 55.5 103 37 01.5
W24 01 18 51.5 103 36 58.2
W25 01 15 51.0 103 36 10.3
3
--~
ANNEX I
JOINT HYDROGRAPHIC SURVEY FAIR SHEETS. 1980/1982
-- Sheet 1 of 21 ( JS/5/Ua. - 1 )
Sheet 2 of 21. ( JS/5/Ila - 2 )
·,
S.heet 3 of 21 ( JS/5/IIb - 1 ) !
Sheet 4 of 21 ( JS/5/Ilb - 2 ) i
'
· Sheet 5 of-21 ( JS/5/Ia ) ' ;
j
,sfieer 6 of2l. . ( JS/5/Ib) '
Sheet' 7 of 21 ( JS/S/IIIa - 1 )
S-heet 8 of 21 ( JS/5/Illa - 2 )
:
~
Sheet 9 of 21 ( JS/5/IIIb - 1 )
Sheet 10 of 21 ( JS/5/IIIb - 2 )
Sheet 11 of 21 ( JS/5/IVa) \
Sheet 12 of 21 ( JS/5/f\/b - 1 ) .
Sheet 13 of 21 ( JS/5/IVb - 2 ) '
Sheet 14 of 21 ( JS/5/Va - 1 )
Sheet 15 of 21 ( JS/5/Va - 2)
Sheet 16 of 21 ( 1S/5Nb - 1)
Sheet 17 of 21 ( JS/5Nb - 2) '
Sheet 18 of 21 ( JSJSNia - 1 )
j
Sheet 19 of 21 ( JS/5/Vla - 2 )
-. Sheet 20 of 21 ( JS/5/VIb - 1 )
Sheet 21 of 21 ( 1S/~Nib - 2 ) '
:
4
Annex Ill
TERRITORIAL WATERS BOUNDARY BETWEEN MALAYSIA AND THE REPUBLIC OF SINGAPORE AS DEFINED IN ARTICLE 1
30'
30
JOHOR
1'.
20'
POINT
COORDINATES
LUii ude N Le nglt u de E POINT
w, 1·21"0B.8' 103' 48' 15 .7" W14
W2 1' 28'64.2' 103° 45' 39.8 • WIB
,o'flH I ·ws 1· 27' 01.4" 103' 44' 48.4' W18
W4 ,. 27' 18,8' 103' 44' 23 ,3' Wl7
ws 1' 27' 38,B' 103° 43" 02.0· W18
we I' 27' 28.8' 103• 42 · so .e· W19
W.7 1'27' ou· \03' 42' 13.5' W20
WB 1' 28' 35.9' 103' 41' 56 ,9" W21
W9 1' 26' 23.8' 103' 41' 38 .8' W22
w,o 1' 28' 14, 1' 103• 41• 00,0· W23
Wll 1'26' 41,3' 103• 4 0· 28 .o· W24
W12 1• 24• se.,· 1oa· 40' 1 o.o· W25
W13 1"24'37.7' 103• 39• eo. 1 •
30'
40'
SINGAPORE
c,~ Y----.•.-:·,- : . .:.. . ~ ..
.>.; c5:~ '
. • ' ·_ _ ·-'·:}·lo·t';:,,Y ~,-. .
. ;,---,.:;,· ... 'h
·•-'~'.:-::,'0
COOROINATES COORDINATES
Lotltudo N Lcngltudo E POINT L 1111 u di N Longllud o E
1' 24' 0 u,· 103' 39' 26.8" E1 1· 2 r 10.0· 103• os· 1 s.o·
1' 23' 28.8' 103' 39" 12.e' E2 ,. 27' 54,5' 103• 47' 28.7'
1' 13' 13.8" 103• 39" 10. 7" E3 ,. 20· au· 103• 48' 1u·
1• 22· 47,7' 103° 39· 67.1' E4 1' 28' 42.6" 103' 48' 46.B"
I' 21" 4e.7· 103' 38' 27.2' EB 1'28'38,1' 103' 49" 111.8'
l' 21' 28,8' 103' 38' 18.B' E& 1' 28' 22.8' 103• so· ·0s.o·
1• 21' 01.3" 103• u·0s.o· E7 1' 27' 68.2' 103' 61' 07.2"
I' 20' 27 .8' 103' 37' 48.2' ES 1' 27' 48.8' 103' 61' 31. 2'
1• 18' 11 .a· 1oa· 37' 04.2• EB , • 2r s 1,1r 10s• sr u.e·
r 1s· su· 103• 37' ou· E10 ,. 27' 23.6' 103' 62' 06,4'
r 1e· s, .s· 10s• as· 59.2' Ell 1'28' 18.3" 103' 62' 3(1. 1"
1• 1s· s1.o· 10s• 38' 10.a· · E12 1'26' 08.B'' 103"53' 10.1·
40·
';\' .,;!','
::' N__• "-.'fl'i•·
"4' "-l'-"· ' - . . . -,: . .
POINT
COORDINATES
L. lll•d• N LcnglW<lo E
E13 ,. 25•40,e· 1oa· u· su·
E14 1"28'39,1' 103' 54' 46.8'
E18 1· 28' 38.0' 10s· es· oo.8"
• E1B 1· 25'41.7' 103° 68' 24.0"
Erl 1' 25' 48.6' 1oa· 58' oo.a·
£18 1' 26'49.7' 103• 68' 15.7'
E"!11 1"211'40.2' 103"68' 33,1'
E20 I' 21!' 31.3" 103" 87' 09.1"
E21 1· 25' 27,9' 103' 67' 27.2'
E22 ,. 26' 29.1' 103° 67' 38.4"
E23 ,. u· 10,9• ,oa· SB' co.a·
E24 1°25' 19,0· 103' 88' 20. 7'
so·
POINT
COORDINATES
Lo tllud o N Longitude E POINT
E28 1' 28' 27,8' 103' 88' 47,7' E37
E28 1• 28' 27.4' 103' 88' 00 .9' e35
E27 1• 28' 29.7" 103' 69' 10.2' E39
E28 l' 28' 211.r l03' 69' 20.6" MO
EZB 1' 26'30.0' 103' 611" 34,5' E41
E30 1' 26' 26.3' 103' 69' 42.9' E42
E31 1· 25· 14.2• 104• oo· 10,3• E43
E32 1'28'20.9' 104' o, 23.8' E44
EU 1'28'38.0' 104• 02' 27.0" E45
E34 1' 28' 23.5' 104' 03' 26.9' E48
E36 ,. 28' 04.7' 104' 04' 18.3" E47
ESB 1•26'51.3" 104' 04' 35.3"
4'E
JOHOR
!.,
COORDINATES
LOI I !Ude N L Ol!gl ludo E
1'25'03.3' 104' 08' 18.6
1' 24'88.8' 104• 05• 22.8·
1' 24'40.B" 104' 08" 28,7'
1' 24'21.4' \04' os· 33.e·
1• 23• se.a· 104' 06' 34.9
,. 23' 39.3' 104' 06'32.9'
1• 2!"04,il"' 104• oa·zu·
1' 22' 07.B' \04' Oli' 00.8
1' 21' 27.0" 104' 04' 47.0"
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ANNEX MM 20
Malaysia-Singapore, Special Agreement, 6 February 2003
SPECIAL AGREEMENT FOR SUBMISSION
TO THE INTERNATIONAL COURT OF JUSTICE
OF THE DISPUTE BETWEEN MALAYSIA AND SINGAPORE
CONCERNING SOVEREIGNTY OVER
PEDRA BRANCA/PULAU BATU PUTEH,
MIDDLE ROCKS AND SOUTH LEDGE
The Government of Malaysia and the Government of the Republic of
Singapore (hereinafter referred to as "the Parties");
Considering that a dispute has arisen between them regarding
sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and
South Ledge;
Desiring that this dispute should be settled by the International Court of
Justice (hereinafter referred to as "the Court");
Have agreed as follows:
Article 1
Submission of Dispute
The Parties agree to submit the dispute to the Court under the terms of
Article 36(1) of its Statute.
Article 2
Subject of the Litigation
The Court is requested to determine whether sovereignty over:-
{a) Pedra Branca/Pulau Batu Puteh;
(b) Middle Rocks;
(c) South Ledge,
belongs to Malaysia or the Republic of Singapore.
Article 3
Order of Names
For the purposes of this Special Agreement the order of the use of the
names Pedra Branca/Pulau Batu Puteh or vice versa shall not be treated
as having any relevance to the question of sovereignty to be determined
by the Court
Article 4
Procedure
1. The proceedings shall consist of written pleadings and oral
hearings.
2. Without prejudice to any question as to the burden of proof, the
Parties agree, having regard to Article 46 of the Rules of Court, that·the
written proceedings should consist of:
(a) a Memorial presented by each of the Parties not later than 8
months after the notification of this Special Agreement to
the Registry of the International Court of Justice;
(b) a Counter-Memorial presented by each of the Parties not
later than 10 months after the date on which each has
received the certified copy of the Memorial of the other
Party;
(c) a Reply presented by each of the Parties not later than 10
months after the date on which each has received the
certified copy of the Counter-Memorial of the other Party;
(d} a Rejoinder, if the Parties so agree or if the Court decides
ex officio or at the request of one of the Parties that this part
of the proceedings is necessary, and the Court authorises
or prescribes the presentation of a Rejoinder.
3. The above-mentioned parts of the written proceedings and their
annexes presented to the Registrar will not be transmitted to the other
Party until the Registrar has received the part of the proceedings .#
corresponding to the said Party. ~
~
4. The question of the order of speaking at the oral hearings shall be
decided by mutual agreement between the Parties but in all cases the
order of speaking adopted shall be without prejudice to any question of
the burden of proof.
Article 5
Applicable Law
The principles and rules of international law applicable to the dispute shall
be those recognised in the provisions of Article 38, paragraph 1, of the
Statute of the International Court of Justice.
Article 6
Judgment of the Court
The Parties agree to accept the Judgment of the Court given pursuant to
this Special Agreement as final and binding upon them.
Article 7
Entry into Force
1. This Special Agreement shall enter into force upon the exchange
of instruments of ratification on a date to be determined through
diplomatic channels.
2. This Special Agreement shall be registered with the Secretariat of
the United Nations pursuant to Article 102 of the United Nations Charter,
jointly or by either of the Parties.
Article 8
Notification
In accordance with Article 40 of the Statute of the Court, this Special
Agreement shall be notified to the Registrar of the Court by a joint letter
from the Parties as soon as possible after it has entered into force.
In witness whereof the undersigned, being duly authorised thereto by
their respective Governments, have signed the present Special
Agreement.
Done in triplicate at Putrajaya on the 6th day of February 2003.
For the Government of Malaysia For the Government of the
Republic of Singapore
SJAYAKUMAR
- Minister for Foreign Affairs
CERTIFIED TRUE COPY
PROCES-VERBAL OF THE EXCHANGE OF
INSTRUMENTS OF RATIFICATION
The undersigned have met today tor the purpose of exchanging the Instruments
of Ratification of the Special Agreement for Submission to the International Court
of Justice of the Dispute between Malaysia and Singapore Concerning
s·overeignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks· and South
Ledge signed at Putrajaya on the Sixth of February 2003.
These Instruments, having been examined and found to be in due form,
have been exchanged today.
IN WITNESS WHEREOF, the undersigned have signed the present
P roces•Verbal.
DONE at Putrajaya, this Ninth day of May, in the year Two Thousand
Three, in duplicate.
FOR THE GOVERNMENT OF
MALAYSIA
(DATO' ABO. AZIZ MOHAMMEP)
Deputy Secretary General I
Ministry .of Foreign Affairs
Malaysia
FOR THE GOVERNMENT OF
THE REPUBLIC OF SINGAPORE
CERTIFIED TRUE COPY
INSTRUMENT OF RATIFICATION
WHEREAS, The Special Agreement for Submission to the International Court of
Justice of the Dispute between Malaysia and Singapore Concerning Sovereignty
over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge was
signed at Putrajaya on the Sixth of February, in the year Two Thousand and
Three;
ANO WHEREAS, The Government of Malaysia in accordance with Article 7 of
the Agreement has decided to ratify the said Agreement;
NOW THEREFORE, The Government of Malaysia, having considered the said
Agreement, hereby confirms and ratifies the same and undertakes faithfully to
perform and carry out all the stipulations therein contained.
IN WITNESS THEREOF, this Instrument of Ratification is signed and sealed by
the Minister of Foreign Affairs, Malaysia.
DONE at Putrajaya this Seventh day of May, in the year Two Thousand Three.
SYED HAMID ALBAR)
inister of Foreign Affairs
Malaysia
'
CElmFIED TRUE COPY
INSTRUMENT OF RATIFICATION OF SINGAPORE
WHEREAS the Special Agreement for Submission to the International
Court of Justice of the ·Dispute between Malaysia and Singapore concerning
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South
Ledge ("the Special Agreement"} was signed by the Minister o(Foreign
Affairs of Malaysia and the Minister for Foreign Affairs of the Republic of
Singapore in Kuala Lumpur, Malaysia on 6 February 2003;
WHEREAS the Special Agreement in accordance with Article 7, paragraph
1, enters into force upon the exchange of instruments of ratification;
NOW THEREFORE, the Government of Singapore, having considered tpe
Special Agreement, hereby ratifies the same and undertakes faithfulJy to
perform and carry out all the stipulations contained therein.
IN WITNESS WHEREOF, I hereby sign and seal this Instrument of
Ratification.
Done at Singapore this 15th day of February, 2003.
~ SJAYAKUMAR
fylinister for Foreign Affairs ·
of the Republic of Singapore
JOINT NOTIFICATION TO THE REGISTRAR OF
THE INTERNATIONAL COURT OF JUSTICE
OF THE DISPUTE BETWEEN
MALAYSIA AND SINGAPORE CONCERNING
SOVEREIGNTY OVER PEDRA BRANCA/PULAU BATU PUTEH,
MIDDLE ROCKS AND SOUTH LEDGE
24 July, 2003
On behalf of the Government of Malaysia and the Government of the
Republic of Singapore, we have the honour to inform you that Malaysia and
Singapore on 14 April 1998 have agreed on the text of the Special Agreement for
Submission to the International Court of Justice of the Dispute between Malaysia
and Singapore Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh,
Middle Rocks and South Ledge. In accordance with Article 40, paragraph 1, of
the Statute of the International Court of Justice, the Government of Malaysia and
the Government of the Republic of Singapore are pleased to jointly transmit to
you the following:
(a} a Signed Original of the Special Agreement for Submission to the
International Court of Justice of the Dispute between Malaysia and
Singapore Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh,
Middle Rocks and South Ledge, signed at Putrajaya on 6 February 2003;
and
(b} a Certified True Copy of the Proces-Verbal of the Exchange of Instruments
of Ratification between Malaysia and Singapore signed at Putrajaya on 9
May 2003.
2. The aforesaid Special Agreement entered into force, pursuant to its Article
7, paragraph 1, on the date of exchange of instruments of ratification, i.e on 9
May, 2003.
3. In accordance with Article 35 of the Rules of the Court, both the
Government of Malaysia and the Government of the Republic of Singapore
hereby notify the Court of their intention to exercise the power conferred by
Article 31 of the Statute of the Court to choose a judge ad hoc in these
proceedings.
4. We further have the honour to inform you, in accordance with Article 40 of
the Rules of the Court, that:
1. H.E Tan Sri Ahmad Fuzi Haji Abdul Razak, Secretary General of the
Ministry of Foreign Affairs, Malaysia and H.E. Dato' Noor Farida Ariffin,
Ambassador Extraordinary and Plenipotentiary of Malaysia to the Kingdom
of the Netherlands, have been appointed as Agent and Co-Agent
respectively for Malaysia for the purpose of the present case and their
address for service at the seat of the Court shall be the Embassy of
Malaysia to the Kingdom of the Netherlands, Rustenburgweg 2, 2517 KE
The Hague.
2. H.E. Tommy Koh, Ambassador-at-Large of the Republic of Singapore and
H.E. A Selverajah, Ambassador Extraordinary and Plenipotentiary of the
Republic of Singapore to the Kingdom of the Netherlands have been
appointed as Agent and Co-Agent respectively for the Republic of
Singapore for the purpose of the present case and their address for
service at the seat of the Court shall be the Embassy of the Republic of
Singapore to the Kingdom of the Netherlands, 198 Avenue Franklin
Roosevelt, 1050 Brussels, Belgium.
Signed
Mr. Philippe Couvreur
Registrar of the International Court of Justice
The Hague
Signed
(S JAYAKUMAR)
Minister for Foreign Affairs
The Republic of Singapore
Singapore