Volume 7 (Annexes 149-206)

INTERNATIONAL COURT. OF JUSTICE
CASE CONCERNING SOVEREIGNTY OVER
PEDRA BRANCA/ PULAU BATU PUTEH,
MIDDLE ROCKS AND SOUTH LEDGE
(MALAYSIA/ SINGAPORE)
MEMORIAL OF
SINGAPORE
VOLUM:E7
( Annexes 149 to 206 )
25 MARCH 2004
Annex 149
Sections 270 to 278 of the Singapore Criminal Procedure Code
(1980 Reprint)
Criminal Procedure Code CAP. 113 127
269. When a case is revised under this Chapter by the Orders on revision.
High Court it shaJI certify its decision or order to the court
by which the finding, sentence or order revised was recorded
or passed, and the court to which the decision or order is so
certified shaI1 thereupon make such orders as are conforrnab]
e to the dec.ision so certified, and if necessary, the record
shall be amended in accordance therewith. [260
PART VIII ·
SPECIAL PROCEEDINGS
CHAPTER XXX-INQUIRIES OF DEATHS Am. Act 20(70.
270. In this Chapter unless the context otherwise Interpretation.
requires - Subs. Act 20/70.
"ipquiry" means an investigation as to the cause of
any death he1d by a Coroner;.
"institution" means any place in which under any
written law any person is or may be detained;
"medical officer" means any pathologist or any medical
officer in charge of any hospital;
"view'' includes the making of any necessary external
examination. . [261
Procedure in case of Unnatural Death
271. The superintendent, manager or other person in Noti~ of death by
charge of any institution within which any person dies shall f~ft![~Wi~ents of
forthwith give notice of the death to a Coroner within ·
whose jurisdiction the institution lies. [262
272.-(1) On information being given to a police officer Duty ~f P?lice on
of the death of any person or that the dead body of a person :::~vmg mformahas
been found and that there is reason to suspect that the
person came by his death in a sudden or unnatural mariner
or by violence, or if the manner in which the person came
by his death is unknown, that officer or some other police
officer shall at once go to the spot where the body is lying
or the death is believed to have occurred and use his best
endeavours to discover the cause of the death of the deceased
and may arrest any person whom he reasonably suspects of
having caused the death.
(2) As soon as possible after that officer has seen the dead
body or started his investigation he shall notify a Coroner
stating any particulars concerning the cause of death which
l 11101
128
Removal of body
by order of police
officer.
Am. Act 21 /73.
View of body by
Coroner or burial
without view.
Pre1iminary
investigation.
Am. Act 20 / 70.
CAP. 113 Criminal Procedure Code
have come to his knowledge) and giving his opinion as to
whether the death was due to any unlawful act or omission
or not.
(3) In any case where the death has not been reported to a
Coroner as due to any un]awful act or omission any police
officer who has viewed the body and thereafter certified in
writing that there appears no reason to suspect that the
death was due to any unlawful act or omission may cause
the body to be removed to such place as that officer directs,
pending the order of a Coroner, and every such certificate
shall be delivered to· the Coroner.
(4) A police officer .investigating the circumstances connected
with any death which has been reported to a Coroner
under the provisions of this section shall from time to time
furnish that Coroner with any further particulars concerning
the death which may subsequently come to his knowledge,
together with the name of any person who has been arrested
and charged in connection with the death. [263
Coroner's Order for Burial of Body
273.-( I ) Where the finding of a dead body under the
circumstances mentioned in section 272 is reported to or
com3s to the knowledge of a Coroner within whose
jurisdiction the dead body has been found, that Coroner -
(a) shall, as soon as possible, proceed to the place where
the body is and view the body; or
(b) may order the body to be removed to some more
convenient place, and, subject to the provisions
of paragraph (c), shall view the body at that
place; Of
(c) if the death has not been reported as due to any
unlawful act or omission, may, if it appears to
him. unnecessary to view the body, forthwith
issue an order for the burial thereof.
(2) In the case of every such dead body as is referred to
in subsection (I) the Coroner sha11 make a preliminary
investigation. ·
(3) If he considers after making a preliminary investigation
that death was due to natural causes and that it is
unnecessary to hold an inquiry, he may if the body is still
unburied, issue an order for the burial thereof.
(4) Such order may be issued either before or -after any
examination of the body by a medical officer.
Criminal Procedure Code . CAP. 113 129
:~: ~-. ,; ·. ~ .. ~ ~ · ·- ..· ~ ~ ~ t = r
(5) In every case where a body' is buried by order of a Am. Act 20110.
Coroner and no inquiry is held, the Coroner shall report
the· facts to the Public Prosecutor ,,w.ith his reasons for
not holding an inquiry and shall transmit all reports
and documents in his possession connected with the matter.
· [264
274.-(1) In cases where the body has not been buried as ~uri~I order where
provided in section 273 - !~\U:~eld.
(a) if an inquiry is to be held and a Coroner considers Am. Act 2017o.
that it is unnecessary to order a post mortem
examination of the body of the deceased person
to be made, he may authorize the burial of the
body without any such examination;
(b) if an inquiry is to be held and a Coroner considers
it expedient to order a post mortein examination
of the body of the deceased person to be made,
he may authorize the burial of the body after
such examination has been duly made by the
medical officer.
(2) The authorisation for burial under this section may be Subs. Act 20170.
given by a Coroner at any time after he has viewed the body.
[265
Inquiries
275. Where the finding of a dead .body under the circum- Holding of inquiry.
stances mentioned in section 272 is reported to or comes to Am. Act 20/70.
the knowledge of a Coroner within whose jurisdiction the
dead body has been found, that Coroner shall, subject to
section 273, hold an inquiry. [266
276. An inquiry shall be held in every case of the death of Inquiry in e3:se .
a pP.rson detained in an institution or of a person who suffers ris:~1ind~i~g m
· capital punishment. · [267 suff~ring capital
punishment.
Subs. Act 20 / 70.
277.-( l) Where the dead body of any person has been Powb
1
~r of
. . Pu 1c Prosecutor found, the Public Prosecutor may reqmre any Coroner to to require inquiry
hold an inquiry into the cause of, and the circumstances to be held.
connected wi· t h, t he d ea th o f t ha t person, and every C oroner Subs. Act 20· /70.
so required may and shall hold such inquiry.
(2) The Public Prosecutor may also direct whether the
body shall or shall not be exhumed and the Coroner shall
comply with such direction. [268
! 1111 I
11112 I
130
Inquiry
where body
deslroyed or
irrecoverable.
Am. Act 20/70.
Adjournment of
inquiry in cases of
murder, culpable
homicide not
amounting to
murder, or causing
death by rash or
negligent act,
when any person
has been charged
before a court
in connection
with such death.
Am. Act 20 /70.
Am. Act 20/70.
Am. Act 20/70.
J.
Am. Act 20 / 70.
CAP. 113 Criminal Procedure Code
278. ~ihen a Coroner has reason to believe that a death
has occurred within his jurisdiction in such circumstances
that an inquiry ought to be held., and that owing . to
the destruction of the body by fire or otherwise or to the
fact that the body is lying in a place from which it cannot
be recovered, an inquiry cannot be he1d except by virtue
of the provisions of this section, he may report the facts
to the Pub1ic Prosecutor and the Public Prosecutor may, if
he considers it desirable so to do, direct that an inquiry shall
be held accordingly and the law relating to Coroners and
Coroners' inquiries shall apply with such modifications as
may be necessary in consequence of the inquiry being held
otherwise than on or after view of a body lying within the·
Coroner's jurisdiction. (269
279.~( I) ff on an inquiry touching the death of any
person a Coroner is informed that some person has been
charged before a District Judge or Magistrate with the
murder, culpable homic.ide not amounting to murder, or
causing death by a rash or negligent act, of the deceased, he
shall, in the absence of reason to the contrary, adjourn the
inquiry until after the conclusion of the crimin.al proceedings.
(2) After the conclusion of the criminal proceedings the
Coroner may, subject as hereinafter provided, resume the
adjourned inquiry if he is of opinion that there is sufficient
cause to do so:
Provided that, if in the course of the criminal proceedings
any person has been committed for trial before the High
Court or tried by a District Judge, then upon the resumed
inquiry no inquisition shall charge that person with an
offence of which he could have been convicted at such tria1
or contain any finding which is inconsistent with the result
of those proceedings. ·
(3) Where a Coroner resumes an inquiry which has been
adjourned in accordance with the provisions of this section,
he shall continue with such inquiry from the stage at which
it was adjourned.
(4) If, having regard to the result of the criminal proceedings,
the Coroner decides not to resume the inquiry he shall
endorse his record accordingly and also the certificate
required imder section 298 and shall transmit the depositions
and records to the Public Prosecutor together with the certi~
ficate duly filled up and signed by him as required under
Annex 150
Singapore Notices to Mariners dated I Jan 1981 and
Singapore Notices to Mariners dated 1 Oct 1981
SECRET~·---
In Ja.auuy 1981 Kanthly Edition. No. }
Nati~ NOL l to I"
SINGAPORE NOTICES TO. MARINERS
(NM lC/91)
SECTION lII
SL'iCA."OE - l".ai.::i St~: - 'l'e••tl St=o.z:<!.~d ..:: Za.,it~-,,
.i.wro~
'r.:e '""ael !F7, '!11. S..:::g S:> ~ ~99 i.,, •t:-a::d~ l..:r. ~pp,:-;~te
po3iti11.11, ~H. -.'. ..11,J 90 ~ 500 :e~=-eo, !:= !lo=o~g!l Li&:;':~e
(l
O ~ 9' 49":1,, 104 ° 24' 2?~E). Tl>.~ •"::;o..u:::-=~• o ! :bi •b.i;, is v::.,.!,ble a.t al!
:sto1.te::s a! :.!.d.e.
2 !".a......:~C!:"3 a....-e .a.d"r....!led t"o e.::re.==i:.e =SJ.tio:a ~ee ta.k!.:..o :.-ad.az,
be~ a::!!. i!..!..r.a::ce o! .l:e Ll..;::.~~... Th<t =a= eci:<, of ::;e =~ed.
ve:,:!11-el c~ t:e =i.!l:ake.::. ~o:: :h.a.: o! t~e :!.~haw, fll ..
C"-...a:;• : 5.J'
!.i. 3a3'2. !:- 2c;
1st October !98\ ~l)nth\y Edition NI). I 0
Notices Noa. B2 to 94
SINGAPORE NOTICES TO 1\iARINERS
Th~ v1sse! M.// r !·J Se-..:...""-o :0 C?.: ~9~'9 is :!':!'ar..C. 1:ui i,."1 a.?pr:l:r.:..=.&.te po!~ i:-::.::-.
bear.;:.( 'i-0~ ~ 5co ... ,~~• r.:-.::,:, :!c:s:=,;:: Li;;::.:,:ouse (~ ~l~' 49":I., 1ol' 2:· 27".:;.
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!'4-!.:'..;:~~ a;ei a.:!,·r.. :ti!·! 1::.J .t.1Cei:-~:.,:lt: :i!JJ.t!.."l::. ·.in'!n -:-a:;:_. ..- i ~~ ~e1:::....~ ~--:.!
.:..!..st..i=r:T! ~: : ~d L~i;:-... t;:'..c·.:..= '!'. T:=:.e r~a.: '!-:..-.a of ;~"! :S: :-:?..~1i-:,'! ·,~s:~~ ~ ea..."?. b-e- :..;.:s :.i:: ,:-.
!or t.l,,,...J.! ci-: :=.-, Li~t!~c·..1.:1-!!.
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1113
Annex 151
Letter from Regis Ltd. to Hydrographic Department, Port of
Singapore Authority, dated 25th May 1981
· Registered Office:
9 London ·Road,
Southampton. $01 2AE.
25 May"• 1981
The Director·
Hydrographic Department
Port of Singapore Authority
Singapore
Dear Sir,
Marine.· Salvage -
Some years ago some valuable items were lost overboard at the eastern
end of the Singapore Strait? in a rather uncertain position about 6 to
10 miles north-east of Horsburg Light. We have been asked to consider
the possibility of recovering them.
Because the items are small, detecting them depends on how smooth the
seabed. is. We would very much appr.eciate your allowing us to look at
the most recent surveys for this purpose.
Yours faithfully,
f.REGiif ~is-
F. HINDS
Managing Director
· Contact in Singapore
Tel: 2225700
Hotel Royal Ramada ~ Tel: 2534411
Room: 625
Directors:· F.H.F .. Hindi
' .
Dr; A. -H~rbert
· Rqllltefed ln . England No. 1656487
! 111s I
Annex 152
Letter from Regis Ltd to Hydrographic Department, Port of
Singapore Authority, dated 18 June 1981
j 1111 j
.Regis Ltd. Marine Salvage ~ Cargo Recovery Se:~.~-
Registered Office:
9 London Road,
Southampton. S01 2AE Singapore 18th June.1981
Director of Marine
World Trade Centre
Singapore
_jqd 'U~
Attn: Mr. Teh - Deputy Director of Marine
Dear Sir,
.Thank you for giving us your time yesterday •
.,3.1A
As you requested we enclose a diagram of the waters concerned; it
shows that the area to be looked at lies entirely within the teritorial
waters ( as defined by accepted international practice) of the islet
on which Horsburgh Light House stands.
The area is clear of the traffic separation routes north of the lighthause.
The approximate co-ordinates of its corners are:
1° 30' N 104° 3~ E
1° 25' N 104° 3~ E
1° 21 1 N
Our proposal is to run selected high frequency sidescan sonar lines
through the,,:area at about half-mile spacing. This will not, of oourse,
give complete coverage, but we expect it will give a good idea of the
smoothness of the seabed, which is a necessary preliminary to assessing
the feasibility of a full-scale search.
We are sorry to be troubling you on what is a very light matter and
we hope that for the 111Jment we may do this on the basis that you have
no objection.
We confirm that on completion the sonar traces will be available gratis
to the Singapore Authorities if they tiDuld be of use.
Yours faittrrully, r._w;·~s
F. HINDS
Managing Director
Directors: F.H.F. Hinds Dr. A. Herbert
Ragistered In England No. 1656487
j 111s I
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REGIS LIMITED
18th June 1981
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Annex 153
Letter from Regis Ltd. to Port Master, Port of Singapore
Authority dated 1 July 1981
Marine Salvage Ca/i'o Recovery Service;
· Registered 0//it:e:
. 9 London Road,
· Southampton. S01 2AE .Singapore 1st July 1981
Port Master
Port of Singapore Authority
·P .. S.A Tanjong Pagar Complex
Singapore 0208 · BV HAND:
. Dear Sir,
We refer.to the meeting held in the P.S.A offices this morning, and
.have pleasure in giving you the further information you requir~
Background
EQUIPMENT
A Japanese ship in difficulties off-Horsburgh light some
years ago jettisoned about one hundrE!d tons of tin ingots
in order to save the ship. The question of recovering
this cargo has arisen. In our opinion the recovery opera-.
tion, though of an unaaual kind, should not be too difficult.
What is very difficult.is the location of these very small
objects, and the success of the whole api!ration·depends
entirely arr.whether this location can be made. ·
In order to assess the.feasiblity we wish to run highfrequency
sidescan lines of intervals through the area,
in order to discover how smooth the seabed is. Not until
this has been done will it be worth while embarking on
what may be a very speculative venture.
J
The area concerned is shown on the attached. diagram. It
is clear o~ the Traffic Separation Zone north of the lighthouse,
and lies within the territorial waters of HorsburgtJL
islets (assuming 12 mile limits and·the customary methods
of determining base-lines).
The approximate co-ordinates of its cornl;!rs are:
1° 301 N 104° 31* E
10 261 N 104° . 261 E 1°' 25 1 N 104° 331.! E
1° 21 1 N 104° 301 E
The whole area is within sight of the lighthouse.
The proposed location equipment is a Kleine 500 khz sidescan
sonar belonging to Associated offshore-Onshore Services
(Pte) Ltd. So far as we·are aware, this is the only sidescan
·on this frequency available in Singapore. ·
Positioning will be by hOrizontal sextant angles, because
great .accuracy is not required ai; this stage.
Directors: F.H.F, .Hinds . Dr, A. Herbert
Registered In Englan~· No. 1556487
Personnel Mr. F. H. F •. Hinds, who was trained as a hydrographic
survey .officer in the British Navy will be in charge
on board the survey launch assisted by Mr. Md. Ismail.
A sonar operator will be provided by the equipment
owners, end the boat owners will provide the crew.
~ It has proved to be difficult to find a craft suitable
for this survey. The one selected is a wooden twinscrew
motor boat of 11.5 mtrs in length and 3.9 mtrs
broad while powered by 2 X 216 hp GM engines and registered
as SZ 4045 G. This boat has very unusual layout
which makes it idEal for this purpose.
Timing· Timing is governed by the availability of the special
sidescan equipment, and by the tides (neaps being -
preferable). The most favourable period is between
9th - 14th July 1981. The duration will be about ·two
days and it is hoped to fit it into that period.
Other Information
The most important information still missing is the
exact circumstances of the loss of this cargo, and therefore
the precise legal ownership of it. This information
has not yet been abtain from Japan because the feasibility
of any recovery operation is very doubtful until a preliminary
survey has been made. Moreover, it was not until
this morning that we had been informed that the waters
belonged without doubt to Singapore.
Regis, Ltd is the successor in the specialised.business
of recovering lost cargoes to. a British firm which has recovered
more than 80 major cargoes since World War II.
The great majority of these operations have been on behalf
of the British government, and all have been conducted in
the most formal and correct way, in accordance with laws and
regulations that are very well" understood. There is no
question at all that the same will happen in this case.
We maintain that.we have a good reputation to care for and
are ambitious in having further ,contacts with you.
It is hoped that it may be possible to draw up an outline agreement in
time to permit this search to go ahead.·
For sake of.conveniently updating your file in this matter, we enclose
copies of all correspondence for your retention. Once again, our
sincere thanks for your hospitality afforded to us.
Yours faithfully, rrncr:_1s
F. Hinds
Managing Director
Annex 154
Letter from Port Master, Port of Singapore Authority, to Regis
Ltd dated 2 July 1981
.~.
PM/SM
2 Jal 81
Be&b Ltd
lo 9, Londcm Road
Southampton. 801 ZAE
'Baglalld _
e/o lilted.a Baterprue·& Shipping Apacy
Silica 3403-A, 34th Floor ,
International Plaza
ADSoa .Road '>ll
Singapore 0207
Dear Sirs
l Reference your letter dated l Jul 81, permiallion h beraby
granted: to carry out t.b.e intended aideecan ·~ survey to establish the
nature 8lld profile of the aeabed in the. aru iu41c:ated subject to the
following C01lditiomst
a ·Copies of sonar traces ara made available to the Port of
· Sin;apore Alltborlcy (l'SA) _.
b A repraeeatative from the Rydrograpbic Departcnent of PSA
accompanie1 the survey tea tlirougbOllt the period of
111,ney. VictllBls, etc, forth• 'E'epresencacbe to be
prorided by 2.egis 1.td. '
c Any fa.rthe,: task to 'be w:tdertaken in regard to the project ·
shall not be ao undertakml without the prior permiaaion
of PSA. .-
d .A eop:, of report of tha,fiudinss of the sideacan sonar
survey to be exteude4 to PSA.
2 · . You are requested to ittt!mate your acceptance of the foregoing
conditions ·in vritin.s before tp.Ddertaking the survey work.
aithfully
C -
fo .DIRECTOR (MARIHE) /PORT. MASDR
NB% MAStER.'S DEPAUMENT
. POU al SDGAPOJ.i A1ffll01l1TY
be
· ·Ps "(J'oreiga Affairs) - Attn Mr Barry Deeker )
· ... ps_· (Communications) - Attn Mr Ban P'ook Kwang ) Our minute PM/SM dated ·
Attcmse,-General ~ Attn Mr S Tiwari ) 1 Jul 81 bas reference~
:Director · of · Marine . · ) - ~::, -- - · ·
--~.clro~apbl.!r.: . )
j 1121 I
-f::>" - ·1
~·
Annex 155
Report of the Singapore State Coroner,
Coroner's Inquiry ref. Nos. 1129A-C/80, dated 4 Aug 1981
32.
FITfDINGS1
1:.- . n1a· ·inqui:J:tY.·-wa. conducted purauan.t -.ito a direction
by ·the Public -lT·osewtor ·,mder Section ·.:2?8. of the Criminal
Procedure Code to determine tbe cause of 'ihe disappearance
of one ~. G_op~thail.- ·(>ne •Chang' Ho~ =Lam Jan4·.one.·-1'lumg
Jc;o; Seng ·at trea,. ·.ott·flore~gh.'l:,tghtbo\taEft 31:ngs:pore, on
th& ·24th ··(uhe · t980,at thbotl-t·.1,.'50· pm·~ -~boea. b,lies haVe
not. ·beb, :recovered···
.!l'h-0 · 4)vidence bef'ore me shows that the three
cd.esing persona werec
1 ). 'i. ~inatbttQ.,.. 'It. -11.-e.:_::rn&.s:nr~@a· ·29 :r&ar(i:· l)'f'
·- lllk -62, 'tio. ®sAt -~elo)t-.·m~.'1aights·t Singapore
·He '"'8.e· a·.Statt -Serseant:.: in 1:tJ:i9 .. 8~re ltriaed:- ·Forces
.. attached · :to· ·'tlie 'Eltlb.ti'onie&. iO.ml · ·Ccftm •)61-ca tton. :.centre
. at· Pulau ·13:rsni ...
· 2) · Chene Hon.g:,Lem·;;. a .128J.e ·Chinese :aged 21 -years.,. .of"
m.ock 6, tio 1-31 c. 'l'ronoh Road. Singapor,e. He was
a Sincapore Armed Forces persomtel attached "tO the
Electronics and CommuniC$~ion -Unit.
3) Chang Joo sene, a t.1ale Qi1neee aged 23 yeirrs,
:::t.l:so ~ Singapore Ar~ed Forces personnel attached
to the Electronics and Communication lhp. t-
On the 24th June 1980 at about e.30 em a Republic
of ~in,:,:npore lfavy boat lalown as RSN Harbour La.tmch No 3
1e:Ct its base at PuJ.au Brani with t1 ·total;, ;of thirteen
y,arsono fer the MID jetty at Dedok "here another three
Sineapor€? :..rmed Force-a pereonn&l boarded. The three
cct.goine; person~ were arnonpet this group of sixteen thnt
laft :for llorGburgh Li,:hthouoo to carry out R epeciA.l.
j 1123 j
a.ssign,:ient.
lJO_fSP',trgh Lish:~US B
~ive ... milss !rom. ~gQpOre-. It would, ·take.a 1::otal of . : -- •, . ~
a.bout. nine ho~~ .. «( ~ayell+lng t~ ·ltr,.;.~e W:iN Har-bcmr
'!I, :.. .,.._ • ·-. • ~ ~ -
-~ch.,:for the-o~-~ and.,rcwrn -~~83"•
On the 24th June 1980 nsN Harbour Launch No 3
was comm~e~-.. \trrqnt:·. ~ •. ,.,@l.ee.l.., .~.~.. a ·1::orporal.
• • • m
~,t~~1e_4 ~~-:;:'.Pt'-· l\SP~\\J..+O. ~;,_ S~PD'Tit:, lfp..'7-_ :a. 't, .. the ]>u3 BP '
Br. ani .baa.e • , -~ . :-J., :II,:· qua: .J...if. i~ ,QOUftain. -sμ.... J.CD· .197a'-· .I I.Z 'ld
;bad be~n- ri ~· :Uu~ Jlepul;u4~ o.f . su,.gp.por,t. -.Na.~ .-f o;r;--· abQu:t . ... ·~ ... :5-i 1e~a •..
Prior to tl:ie departure on the ~ning of the
. .
24th ~~ ~ 9~9.t ~ •Jal.eel. OOud."91,d. tm _J.napJtOtion.,.::.of
R.~!f. -~~bi;?~ Low:'(~ ~P.• :a.. ~' .-fo~ '~~ .bo~1~·,tO::· be -~.
$qpd_ .-"~;old ~ .<>r_a.~~,,-_ ~~e .. ~Ae .. _b9~e.ver .... ~~.~litto .
~a-~,;-O~, "t~Br 1ej:~ ~48.~C,~:~in..,thft: .i."o~d~ -me,:JB •· 9t1s
~-]4ne ~.a.c.k:_~ae . .. ~~f:1'- ~:tb.- ~~.Pt;.IJ.• From hie
observ.a~o.n.,tlμ.s ·-~igb,t_ ~~k ·l'IOuld_;llQt :Ul.;IU;JJ'"·.nay ·make.
the v~sael.._..unsea~.~t\ly,, .... ~is .Yes1:1el ,nl8~·.el:.so .. carrJ'ing.
!orty. lif'e-ja~_~et~ on board and upoti inspect.ion they ·were
found to.be _ser.icei,l.ble. The mea.ns-0£ cocamunication.
between ~n vessel a.11.d ,,Ope.r1;1.tions iioom at ·Pul.au Bre:trl.
was through a pc~tablc radio com...~unications oen~ lalown ae
l>RC-77 which hne a ro.11t3e of between five to eir)lt mil.es •
. mian-,NS?l Ear~ur L~ .Jio. ] uet o:£.f for
Hcrsburi::h Lighthouse .it w&s accompanied most of its nay
by a.rwthar RSN patrol ere.ft wr,ich 9'&.s aleo proceeding
towards thG ua..""ne direction. About half on hour before
it reachc~ JiorsburBh, _Lieb,thouse the o~e.r accocspanying
:r:utrol crai"t lcf t for i to regular pat!'Ola.Cm·ill(! to tho
liJ:u. tcd rangG of P:1C-77 tl1e coxeaYuin .was ilwtru,;:t.e6 to
co:~unica. tc with the 01Jcrationa Room -tlu·ougb other ~1sn
i•::... i.::-t,l cre.f'ta ca.rryin..:. out rc:.ular 1;..itrol1; in t.11.ct area.
At e. bout 1 pi: <>f{ M arho ur lau.11 eh N't~ .. 3 n.rri ved
fi.t Hore·. urgh 1.irhthouoe. .h,t that time the sea wa!l very
rough with \'\laves reac}:Lib,s .tju-ee to .:fo~ cetr~s hish• !the
m~ewa,1.n tried to go nl.ongs1de th& nooden jo~:tY ·"to
' • - r •• i
di!J~bark his passengers but he was una~o .to do 80lf - ~ . .. . .
w~_es __ were then pow.cline -~~ the la.un~h ~cl _it was tossing
in -~ ro~ sea.. . . .
. At this. st:Q.ge 'tlle <?9,~~~Pl'D\8F. ~-~f' S~&eant
' • • " • .. .• ~ ir •
'r.t .. ~op~~~, ~:tf~'l¥.8 ; . i:~_r: l\~1.L ~ -P~siM,_ l{S~ '\7~$3els.
T§-o~gh t~~--l'~~Tic.·~,~ ~.:.Gt?p~~)A~ge~ :to ~~tact;
en. ~~tf!.,~ed ~r~ Y8£1:~~-~t -~~~jm;ly- P.!~~,s.s~--·~.u1.si·. be
sent "to 'th_is v es~1 radio.-p:,~~t was 'l.p ..e :1 ·~tll! ,~. tbia_; bad
. we.a ther •
AJJ fl r~su._1-:t of: th~ ."8Y~.:P9~1l+&-,~~:t.'--~~
... - • .... ..... ..~ • ~ • •+ - ~ - ..... ' , •
!onnμ:-d seotio;Lof ~e;.7.e~se1,;, bo:th ,i;t;a -yr~~scr.e.im:' broke
-r •• L L • I • en.a. ~ter e~t~r~dm.~ -~e .. ·:J:;10.~'.t··- ·th.ej;o~~ tried_ tQ-
- L + 0 ,• 0
ms.n.peuvre t~e boat but bec·aus(! •. Q;f. :tho.~;y~J .. roug..'1 ~ea "the
- ~ ~ . - .... . ~ .
batlt cou1d not be properly c~n~oUea, .A:s ~ result . .-ot'
r ' " • • • " •• 'I • •
1:10rc 1"/ate.r entering into the .fo~!'!-ard ·)n!11~11on, the coxm.:ain
~ ' ·. . . . ' ' . ... . . -
lost control of the boat •. Wh~n . ~e .i. nspected -the fort,a. r:d
section he 1 ound "'...bat the Lo,, of the ~hip was submersed
in ,,..::.ter. At thin sta~ __ e an order wae given ior all the
sixteen poreons to 11ut on their life-~s..cket a.nd to nbandon
ship.
· Froc: the e'\"idoncc of 1·a.n Ai Soon (c,;3) Staff Sergeant
Copinatha.."'1 was seen jumpine into the water in a lifejacket.
Before he took tha plunge into the sea, he
~as heard calling oui.; ior !.cl; an he t.aS a non-s~cr.
~ta!f !>ere,:eant (;opi.n..;t}Jan tl:en jumped into U10 "·ater
followed by C·'t). ':hen th.ey were 1n thewtor Sta!:f'
::~rceant Gopinatht!n ~1·:;.:.r.cec. C·.J doKn as the ioriJer wae
. atrL.:C[)..i11.£: and eoJ.li.."'lf. out for help.. Utor a t'cw l.JOC1cnta
lP. rC'lentJ cd hi a hold 0~1 t ,3 and he was vecn ::'Joo tin£;
n~tu~ 1• 1i th \.l:c CW"rnni. • ·~b.;~. wue. tr.c laa t ti::1£:- ':i·.. Cop inathan
[ 112s I
[ 112s I
was eeen ru.i ve.
As regnrds Chant;~ 1iOll6 Lera and Chang Joo Seng
thel' ·~irfe in ·the ~eter toi~ether wi tli dne. Lim aiiti· Pong
(c,4/ and' about !fix -~there~ TJ1ey }lad form~a a c.roti.p in
1t~ wat~r. and w.er~ att~ti~ to aw1I:I to lt6r:slrurgh
@t!iouee~· .' A!tel'. o~: or .'twci bours lEiter,. ·the)" founcf··
'tliiit ··they ;ere· uiiabie ~· reach·: 1-iorsburlh .I.1gli1h~tise
.•. ·.. : . . . . . . . . .. . . - . . . . . because o:f ··the ver1· ·'atrotl8' current~ ·. /it this ·otage
:~ .~ ~ • I._ ,• •• .:r, • .· ;_• I> " '-,~ I• ....... '1:. .... ?.• ~- •• •
ChWli(liong 'I.am a.na:· Cluing' Joo Seng· 'd&cid"el1. to ·1eove tb.'e
~up ... t:~ ·a;li~.r/tti the :Li.gb tbo.\ui~ ~n: '·their ~. -. !llh~y h"aa··
tillicated" that· .. 1-t··~fii~· ~eh :fast:~ ihttn ·sw~:imn1:ng .. tii"·
r , r •• :,; T ' - , • •• • • ~ • t "II t'. .·~ • " I ·~ - .. .. : • ~- • r , a big. gfou1f .... Tlfetis·>two' ]ie.rsohB -then ,.swam ·1:if"f" a.rid ~'at ·
·• ai~·o ··ttl~ i~i· .f tza~t ihey -~:ere si!1hi" ·Dl.ivi!i·~ ·
X ·:futsl tff tb!rteen e\tr'vi\Pors·'we:firi ~tt~equerttif
~ic1t'e~d tip ··at' vs:rih\fs 1tti'ni·e~ "by :ri~il1g tcr"&rts ··wtf·~a:n :;,n-'
t~n1c~~·~- ··-~pori:~~~i.i~i:tc,n ·o:r )ihe Ei~ --·e/r ~sn Hai:'bdu:r· ...
i.a~~'h :·wo ~·3, ··~ siib.rrih ·k.nd ·Testue.·cp1tJn tio·n. ·woe <i·arr1e·ii :: · ..- ·:
out \,y the .. Re~ubl:tc ·i.r: ··singapor~ !favy and ~the l,!e.rine ';" ::
. .Folic~·· ~n . the ciorn:irig o:f ···i!ith June' 1"980. . ;~e. "eearch ·ttiolc :·
. . -
e·ix days and cov·er·et! some 160 m.lcs nort1~ of Horsburgh - •
Lic,hthouse. Ho survivors were !ound. Eo?"reve.r, on thr~e
occasions two cocplatc snd "t'-10 half-intact life-ja.cl-:etv
from the ill..:fo.tcd Ho.rbour launch were spot:tod and
recovered 'at vru~1oU!3 placed. J... further search· was ru.so
~ • - ~ I'
cW"ried out.by aircrafts of the RsAF whicr · covered the ~. ~ .
nearby ·xeio.yoie.n. and Indonesian ·,s.lands. -none of the
tr.ree mioeil'l8 persons could be located.
Acc(?rding tc tl,e testimony o! Lajo: ::i·oter - Ch.cn
(C,t5i, the weather conc{"tion in. June 1';-f.!C, o.round the
Ho:-~burgt licJ:tl-:ow:.e ,'"i::-.s: c·XJ.H:ctc<.i to be· vcrr ca.ln. J;t
~his time of the yecr roucl1: e~:und. l-.oo ~-:co.ther \·ro.a oot
exi,ectod iu that u.r.::L 63 it ,...:~.(j aur.in.:. tiH~ Gouthwopt
r.ic.~·\:;oon pcricd.
36
ru thouet the 111-i · ~:-!j ere.ft W!l3 k:-:.o,,..:l :::!l 1·zsH Harbour
Launch No ·3, i -t ,. ,·;O not, ao 1.ts na.;e suc-'."'eGte • a J-,_a,rbour
wr~t ,J>.~: .sc. Its us~ce w:i.~ not restricted to port limit
only~_-. '3::t is aleo noted that otJ1er IlSN Harbour Le:unches
had ltr~viously .made trips to Horsburgh l:i~thou.se without
)my 1rieheps. I have considered the evidencfe in regard to
:·~the seawo:ttbiness of i:his particular vessel and I have l:lO
·:reason to doubt -::that it . w:is • On the evidence I find that I '• "• ~ •
on the 24th of June 1980 RSN Harbour Launch Ho 3 "'SBZ!itk
off the ses near::ll9~.Sblg.gh L~,ght~i~~,e S?~!J!~e past 1 pr::i.
when 1 t took in water !rom t ts f'onrel"'d .ee.o_tipn. · !l'his was
~. • • • :.., ; ~·· r ~ ~ .., , • 1 .;.. • ." . .._,.·:,.> • . ~ - , • •
as a res'4t o~ uncxpe-cted rotie;h ·seas.· · I·· al.so'' find ·that
th·e· three m.1·~~ pcroohs -~ad .l'.'o'band_oned: ship by ~umping
into the .water !f}len the ~~llif:.·~-~ -~~"r#-~.~-~~.tf<>B the
tit:le they ~ere ls.at seen alive ·till now· tp.e;r" nave not bean
- ·located despite all ef"f arts. In t.h,e circumstances I :f"ind
that th~~e three @isain,a percons died at sea oi~ Jhire'burgh
Liehthou~~ b;oue.}ll ~~:ut "by th.e alnkit:ir. of .·Rs?f ·Har"t)Ot.tr Launch
No J. · ·y f\l.rther··tirid that '.the bodies of these three peraons
have not been· ri:lcoveed but I hnve ea.tiefied rnyse11" bμ-pmid
any rea.ao~abie doubt thct. such deatr: actually took place.
Hoving regard to -:~e circumsta.."lcns ir. r.-hich ?":SN
iiarlx>u.r Launch :'io 3 GO:.:lk. I firui no culpability on the
pt.rt of anyone? and I, there:fore, record the death of
T. Gopinathen, Che.ng !-long Lruu nnd Qi.ans Joo Seng ea
e.riein,c :from o mi.cadvrnture.
:ro: Tan Soo ~il'll:
!'.i te tc Coroner
GiD.£aporc.
TRUE
JiTA~ :: ;-r., Eft
$ING ORE
4 - AUu f98f
Annex 156
Report made by Singapore to Twelfth Tripartite Technical
Experts Group Meeting on Safety of Navigation in the Straits
ofMalacca and Singapore dated 5 ~ 6 May 1983
. .icii ~' ·,, ... - ..
f I - . I"\ ,~, pt-tb'S V~5
11
d _;_,(;~,;i. 1;1 I. l' ;r,., ........................... ..
~
. .
CONFIDENTIA'Lr·
:R .. E ?n -h\::._R· - T '- . \!.1- i.·'-.~)'· . . . . '
t ./.";' '
:, ::
--·' .. . .. ··.: . ' ,·~.\-'
·OF 1:THE,·- ~ ; • • • 0 ~T, ~- : ; . -
:\ ' ~-·~ ..
;T_WELF-rH:· r1fiPARrirE irEcHNICAL Ex"i1ERTs·i(
• - ·; •. '~· :" ~ • . .~) • - 't,, ~;.. • • - • :·
' r;Rou·p MEETIN'cirON 'SAFETY Qll . '
°:"\. • • ' .· •" ; I..:_·:~•-'· '
tN)t:v1cAT1ot~. 1N :::-tHt:·:ls·r:ti.A1Ts oF MAL:AccA
• -·:~· • • : ,•" O • ' • ii ... ·-~ ; .. \T .... ~OI •• •O ...
', :.~;- ' -
. AND .··SINGAPORE
-' ' ". ~ '
'..-:-:·.
' - ~~·J, ;· -
KUALA: :>'."LUMPUR
1· ~ -
.• ,.·,
. '
5th - '6th MAY 1983
11129 I
1130
i:\/ ..; .. ... • •. " •.. "' ...... \:;:~· ~ .......... ..
I£rIEROF'"~
.................. .,; ....... -~ ........... .
LETTER OF TRANSMITTAL
THE TWELFTH TRIPARTITE TECHNICAL EXPERTS GROUP MEET.ING
ON SAFETY OF NAVIGATION IN THE STRAITS OF MALACCA AND
S!NGAJ?ORE, 5 - 6 MAY 1983, KUf,J...A LUMPUR.
The Twelfth Meeting of the Tripartite Technical
Experts G.roup on the Safety of .Navigation j._n the Straits of
Malacca and Singapore hereby submits its Report as attached.
...
Da~d this 6th day of May, 19B3.
'
••o••••••••••••••••e•••••••••••~•••
J E Hl1.8IBIE
Leader of the Indonesian Delegation
.... .~..· ~ 1,tl.q (;:;,,,/(/.,,..-;, .... ~ .... ,. ..... "" .... ~-~.-~ . .:--·~-; ......
,• ... .
M~ THILAGADURAI
Leader of th~ Malaysian Delegation
~.......... : ....•...•..•....
'
G1PT. CHI'I'Hii.RANJAN KUTTAN
Leader of the Singapore Delegation
11131 I
***•*************************
,--.-·
THE TWELFTH TRIPAR1ITE TECHNICAL EXPERTS
GROUP MEETING ON SAF~TY' OF NAVIGATION
IN THE STRAITS OF MALACCA AND SINGAPORE
5 - 6 MAY 1983
TABLE OP CONTENT.S
1.. Report of the Twelfth Tripartite T!::chnicnl Expert.s Group
Meeting on Safety of Nnviga t.f.on in the S"tr.c1its of Mc:llacca·
and Sing.:1pore, 5 - 6 Mny 19831 Kual.::i Lumpur.
2.. . Ann~es -
A. _List of Delegates
B. Opening Address by H.Eo Dato' Abu Hussan bin Hj. 9rnar,
Deputy Minister of Trnnsport, ~~l~ysia
c. Agenda.
D. Sing.2pore Notice to Mariners. Edition No. 6/82
E. Malaysian Information Paper_- Improvement of Priority II
Navigational Aids- - Tanjong Toher Beacon
F. CUrrent Status of Implementation of Priority II
Navigational Aids.
j 11331
1134
·······~·~~··-····· --,~:-
.... ·;...· ... ~~--........... ,-:·····~
• • • ~.:··· • • • 9 411 • • • Ill-.... II 11111 ~ • .. ~ •••••• e ........ -•.•• • ........ • • e • • • • .. • • • • • • •
.. ·~-. -;. -~\;~~-(;. i_ ".;_)t~):,:{t.11-t+ -~ ...
REFORl' OF 'lHE TWELF'nl ·. TRIPARI'ITE TECH-ITC.AL EXPERTS
. ;::· ~
GR)UI> MEEl'ING oo·:SAFEI'Y OF NAVIGl\TION IN '!HE
5TPAITS OF-~-l'iND'.SIN~~, 5 - 6 M\Y, 1983
.• ... _. -· ................... • .................. ,II .................... 11111 - ............ '. • .• ••• ,- -
KUAIA LUMPUR,
5 - 6 -~, 1983
REPORT OF THE T.~ELFTH TRIPARTITE TECHNICAL
EXP!::RTS GROUP MEE.TING ON SAFt-'l'Y OF NAVIGATION
IN THE STRAITS OF NALACCA /\ND SINGAPORE
5 - 6 MAY 1983, KUALA LUMPUR
INTRODUCTION
· 1. ·Pursuant to the decision bf the Eleventh Tripc.rtite Technical
Experts Group (TTE;G} Meeting held on 3rd. August 1982 in Jakorta, the
TTEG held its _welfth _meeting in Kuala Lumpur on 5 - 6 May 1983.
2. The Mi::eting was attended by the deleg,.:itions of Indonesia,
Malaysia and Sing~pore. 'I'he list of deleg~tes appears as Annex A.
OPENING CERE;H.)t,,y
3. H.C. D;;ito I Abu Hassi:\n bin H-::ij i Omor, the Deputy Minister of
Tri.'.nsport, Malaysia declurt:d open the Meetir.g. 'fhe text of his spc.:::ch
tippears as Annex B.
l::LECTION OF CHAIRMAN
1. Mr. M. Thilagadurc"lit leader of the Mi:llayskn deleg2tion, was
i..manimously elected Ch:.iirman of the Meeting.
A[X)PTION OF AGENDA
· -5. The Meeting odopted the Agcmda which .. ,:ipe.::irs as An.'""leX C.
BUSINESS ARRAlJGEMENT
6. The Meeting .1gr eGd to discuss all e. G e;'ld.u i terns in P 1 ena ry.
IMPLEMENTATION OF' TRAFFIC SEPARATION SCH£ME.'
7. The Meeting reviewed the oper.:i tion of the T r 'J ff ic S epar-a t ion
s eh L'!ll e ( TSS ) • The: Inda n es iun del eg :I tio n r f:c>por tc~d thil t there were no
serious infringements of th<2 Scheme.. It wus c:s tima ted the t there
were about 3 VLCCs moving through the Str.::.its d2ily~ On the whole
the TSS appe~ed to be oper~.ting f(lirly well.
I 11351
j 113e J
2 --
a. The Malaysian delegation reported that through visual observ~
tion from the One Fathom Bank Lighthouse, an average of about 250
-vessel:i of all sizes sail daily through the Streits. However the
visuai obsel;"Vation does not enable verific~tion ?s to whether the
ships are adhering to the TSS or not. _ In order to publicise the
TSS,Malaysia had also included'the TSS as pert cf the examination
syllubus ..
9. The Singapore delegati.on reported that generally the TSS was
oper3ting smoothly. There was only one incident where a coastal
vessel was'found to have set its course in the wrong lane. Appropriate
action was t~ken on the Master of the vessel.
10. The Meeting _agreed "that the TSS w.-:i.s oper::,ting satisfactorily
. without any serious infringement ••
REPOR'r ON SUNKEN WRECKS
11. Pursuant to th~ decision of the 10th. TTE::G Meeting held in
Singcl.po_re_, the t-'.alaysian delegation informed the Meeting that further
detnil_s on_ the w;eck· at Latitude 01°4J .. 36'N1 Longtitude 102°44.25 1E
wci:c requested from the British Hydrographic Department,. Taunton.
The reply received indicated that the source of the position of the
_ position of the wreck on the Admiralty Charts VJus taken from the
Indonesia Chart 121 edition ·October 1975. The Indonesian del.egation
agn..:E.'<i to investigat~ this matte1:r and to inform the other C.Oastal
States accordingly.
12. The Singapore de:legation informed the Me:E::ting th~t two wrecks
in the vicinity of the Ho~sburgh Lighthouse had been verified.
Muririers had been notified. of the position of the wrecks through "Notice
ta Mariners which appears as Annex Dq
13. The Indonesian delegntion also infor:-ned the :Meeting that th~ir
progr.::~e to verify the position of severnl 1·:recks in Indonesian w.:i.ters
hcis hud .. to be temporarily suspended due to bl.!clCJctary constraints~
Th.;:y agreed to"' inform th~ other Coi:!st.:::l St:.ct,2s onc0 the:: progc,rr.:r,e 1,·<-'.s
revived.
1137
~--~-~.~--~·······
••••••i••·························
· S!NGAPORE,';NOTICE TO HARINSRS
•••••••••..•....• -·•- •••••••••••••••••. •••••
503
Delete·
Insert
Singapore Notice to He.riners
SECTION II
2~d 1/1/81 LAST NM 9/82 PSAHD
Wreck "Repd ( 1976) PA"
Dangerous wreck 11Repd ( 1981) PA"
Depth 20
1 ·metre.s
Least·depth over the wreck 47 metres
surrounded by a danger line with
the abbreviation 1Wk 1
Least depth.over the wreck B metres
surrounded by a danger line-with
the abbreviation 1 Wk 1
Edition No •. 6/82
• (NM 59/82)
1°2014511N 104°221 37"E
. - .
1°19' 18''N :].04°27' 1211E
1°19• 58"N 104°27' 1.9"E
,11
'J
J
t.
.~...-.,. .. .,
:. . ' \ .... \ __ . ' ...... ~~·
) '. ,
? u
) ~\
:\
"
1139
·1;
Annex 157
Investigation Report on Grounding of MV Kota Angkasa
on 22 June 1985
INVESTIGATIOHS INTO THE GROUNDING
OF HY 'KOTA ANGKASA'
®FF HORSBURGH LIGHTHOUSE
ON 22 JUNE 1985
j ,·, t~ ... '
,.~ ,: /"1 ; . '· ( ~ ....
/~·> ,.
i.: tl.,'.• I
(:/ ·~= i
·. ·/'n
rf~L
·it/r/
I 1141 I
! 1142 I
INVESTIGATIONS INTO THE GROUNDING OF MV 1KOTA ANGKASA' OFF HORSBURGH LIGHTHOUSE
OH 22 JUNE 1985.
l Introduction
1. l Particulars of Vessel
l. 2
Name
0 f f i c ia l No •
Port of Re6 istry
Call Sign
Year Built
Gross Tonnage
Nett Tonna8e
Length
Breadth
Speed
Classification
Owners
Operator
MV 1Kota Angkasa'
3dl :.115
Singapore
S6HV
1972
3445. 99
ld60.99
102. 00 M
14.00 :t
13, 25 knots
Bureau Veritas
Pacific International Lines Pte Ltd
45 Market Street
Singapore U.liJ4
Pacific International ~ines Pte Ltd
45 Market Street
Singapore 0104
011 22 June l 9d5 at 02 5S
Horsburgh Lighthouse 1.n
Long .104 °24. 5' t:.
hours, MV 1 t<.ota Angkasa'
approximate position
went aground off
Lat.001° 19.4'N,
1. 3 The key crew membt:'!r s i.e. i;m.s tt:'!r; second officer; third engineer and
he l:ns11rnn were intervieW"e<l.
1.4 1'here was no pollution due to the grounrling. llo li'12s were lost and no one
was injured..
1. 5 The vessel sustained bot tom damage due t,, the grounrl ing (see Annex IV).
1. ti Vessl.!l refloated on her own efforts. She returneJ to Singapore to
discharge her ca.rgor?:s and subset1uently drydocked to effect repairs to the
ship's bottom.
1.7 List of annexes:
I Statements submitted by crew
11 Statements taken from crew
[[1 Ueck Log Entries
lV Diver's Report
V Note of Protest
VI Chart indicatin~ route taken and position aground
VII Safety Cert i fie ates of ~V 1Kota Angkasa'
2 EV£NtS PRIOR TO il:IE GROUNDING
2. 1 The MV 1Kota Angkasa 1
liangkok, Thailand. She
departure ~in6 apore.
left Singapore on 2 l June l 98S at 2:JIJO hours for
was driiwing 4.b5 m forward and 6.45 m aft on
-2--
2.2 Full-away was rung at 2342 hours on 21 June 1985 and vessel commenced full
sea speed of about 9 to 9.5 knots. The ship's course was 082°T.
2. 3 The master left the second officer in charge of the bridge and went down
to his cabin at OlOU hours on 22 June 1985. The second officer was keeping
the 0000-0400 hours and 1200-l&OO hours watches.
2. 4 Vessel. was on automatic steering since ful 1-away. The A. B. was keeping
lookout on the bridge with the second officer.
2.5 At 0230 hours, while vessel was still on automatic steering the ship's
course was altered to 049"T to pass Horsburgh Lighthouse on the starboard
side. Vessel -was also proceeding in the appropriate lane in the traffic
separation scheme for that area.
2. o The last fix prior to grounding was obtained at 0245 hours with Horsburgh
Lighthouse bearing 064°T x 2. 7 miles. At the same time another vessel was
proceeding in the same direction overtaking her on the port quarter.
2.7 At 0249 hours, the A.B. reported that there was a flickering light ahead,
pres1J1nably a small fishing vessel. The secon<l officer could not find the
target on the radar on 6 mile$ range and on 3 miles range. The second
officer then instructed the A. 8. to change over to manual steering and to
steer starboard 10.
2. 8 In an attempt to avoid the boat the vesse 1 went closer to Horsburgh
Lighthouse. "1ith the wheel still on starboard 10, the second officer
assumed that the vesse 1 could pass south of the shoals of ~idd le Rocks.
2.9 At 0255 hours~ vessel went aground in appro~imate position with Horsburgh
Lighthouse bearing ooo·r x 0.45 mile.
3 EVENTS AFTER THE GROUNDUIG
3. 1 The vessel went aground on a heading of O!:l0°T. She subsequently developed
a list of 3.5° to port.
]. 2 The second officer rang the general alar;n and stopped the engines. As soon
,1s he felt the impact of the groumling, the master was soon on the
bridge. No immediate attempt was ma<le in using the engines to refloat her.
3. 3 All crew were summoned to don on their lifejackets anJ to prepare the
lifeboats for lowering.
3. 4 The master instructed that all tanks and bilges to be sounded.
3. 5 Efforts were made to establish contact wi eh Singapore Radio but there was
no reply due to transmission weakness of the ship's VHF.
3. b The second officer initiated the distress message on the VH.F. The master
had refuted the second officer's claim that the master had given him an
affirmative nod when asked whether to transmit the distress message.
I 11441
-3-
3. 7 The vessel 'Pacific Ranger' ,....as soon in the vicinity of the casualty to
render assistance as requested, The 1 Pac1.fic Ranger' was requested to
relay a message to Kota Angkasa' s owners in Singapore and she left the
scene after being informed that no assistance ~as required.
3.8 The day and
International
displayed.
night signals for a vessel
Regulations for Preventing
aground as
Co 11 is ions
required by
at Sea 1971
the
were
3.9 Vessel refloated herself at 1150 hours on 22 June 19~5 during high tide.
3.10 The salvage tug 'Smit Colombo' arrived at the vicinity of the grounding
at 1201..1 hours but no assistance was rl:!quired from her.
4 F1ND1NCS
4. l The passage near Horsburgh Lighthouse is a very busy waterway and a
critical area as regard to na11igation. tt is an area where the density of
converging traffic is gr<'!at and the freedom of movement of shipping is
inhibited by restricted sea-rooru.
4. 2 The master was not on the bridge nor diri he leave any written or verbal
instructions to be called when approaching Hursburgh Lighthouse.
4.3 The weather was fine and clear, visibility was good and the sea was
slight.
4. 4 Vessel was on auto,natic steering when navigating in dangerous and confined
waters.
4.5 Vessel was transiting the traffic separation scheme for that region prior
to the grounding. M.:ls te r mentioned t h/3.t he had on ty a rough idea as to the
recomtnendations of the Traftic Separation ::;cheme un<ier Rule 10 of the
International Regulations for Preventing Collisions at Sea 1972.
4.6 V!:!ssel was pruceeding at full sea speed at the time of jrounding ~ith the
steering wheel on starboard 10.
4. 7 following are extracts frum the Admiralty and 1:'SA Tide Tables for the
predictions off Horsburgh Lighthouse -
Ht of Tide
21st 2356 hrs - 2.0m
22nd 0650 hrs - O.lm
1430 hrs - 2.2m
(-) In the direction 236° (T)
Tidal St ream
Slack
Timt!
0046
1018
(+) In
Hax Rate
Time
0 51 J + 3 . 7 kt s
1343 -1. 9 kts
l 723 - I. Z kt s
20S9 -1. 6 kts
the direction 056°(T).
4. 8 The telephone system which is vital link of c01nmunication between the
bridge and the master's cabin was not in proper working order. The master
could only call the bridge from his cabin but not vice versa.
4. 9 The echo-sounder was out of oC"deC" and could only be repaired in ·drydock.
4.10
-4-
Upon grounding, the master did not use either
deballasting to refloat tbe vessel, The reason he
the ballast was because he was worried he might
situation.
the engines or attempt
gave for not puraping out
aggravate the grounding
4.11 All tanks and bilges were sounded and there was ingress of sea water at a
very slow rate into the port bilge of No 1 Cargo Hold. Continuous pumping
out of se~ water was carried out.
4.12 The master gave instructions to all crew members to don their lifejackets
and to pre pare the 1 i feboa t s for lowering in case an eu1ergenc y d eve loped •
4.13 Underwater inspection by divers was perfor,ued outside Singapore port limit
on :l3 June l9b5. There was no dama&e either to the propeller or rudder.
Damage occurred on the bottorn platings froin Hatch No 3 to tlte forwarJ end
of the ship (see Annex: IV).
4, i.•I
5
5. l
)- , ? .
~he Safety Certificates issued
Line, Safety Radiotelegraphy,
Certificates were valid at the
CONCLUS IOH'S
by Bureau Veritas viz.
Safety Cons true t ion and
time of the 3rounding.
International Load
Safety Equi?llent
The rilaster was irresponsible and negligent for adopting a 1 ax: attitude
with regard to the supervision of navigation and poor passage planning of
the vessel. He had failed to leave any written or verbal instructions to
be called when approaching H0rsburgh Lighthouse as his presence on the
bridge would in all probai>ility have averted. th,l ca$ualty.
;iith the tidal prediction$ available and kno•o1in~ the natuce of the
sea-bed, the 111aster fa.i led to consiJer l i:shtening the vessel to e11sure
thilt the vessel would not break-uμ du~ to hogJing or sag,,;ing stress on the
sldp1 s bottuu on the falling ticle.
5. 3 The master had failed to ensure the use of nanual steering when
navigating in dan~erous and confined waters. Ke permitted the vessel to go
on automatic steering which contradicted his stanrling ord~rs to be on hand
steering when navigating in traffic lane.
5.4 The second officer had navigated the vessel in an unprofessional and
unsearaanlike fa.shi.on prior to the grounding. He oad made an .1lteration of
cours~ without first ascertaining his position and failerl to assess the
desired effect of the alteration by fixing the ship's position. He had
also steered a coucse to avoid the boat and the shoals of Middle Rocks
without due consideration tn the effect of tidal currents at tl~ material
time, thus caus1.ng the vessel to set nt)rthward anrl finally run aground.
S. 5 The second officer had failed to summon the master when he was in doubt.
5. b The second officer ha,:1 failed to take the 111ost appropriate action in the
circum.st<l.nces to avoid the imminent danger by stopping the entines and
executing astern propulsion taking into account of her restriction that by
altering her course to starboard or port would bring vessel closer to
u .. n-sburgh l.ighthouse or creating a dangerous situation for the overtaking
vessel on her port quarter respectively.
11146 j
- 5. 7
6
-5-
In view of the a~ove, the cause of grounding was that the second officer
tliinking that the vessel could pass s.1.fely to the south of the shoals of
Middle Rocks maintained the steering wheel on starboard 10 ...,ithout due
consideration to tile effect of tidal currents. He siiould irnve »1a..ie a
substantial alteration of course by putting the wheel hard over to
starboard t.:, counteract the effect 1)f the north-easterly tidal curr-ents.
He also made the alteration without verifying his posit ion and did not
check whether the vessel ;.;ras 1;1ai11taining the desired effect of the
alteration.
RECm£.1..ENDA TlONS
o. l ;,:o forlllal invest iJat ion is reco,n,nendeJ as it ts unl i~e ly tu shed any
further light on the matter.
6. 2 'Ihe groundin11 was a direct result of the irresponsible and negligent part
of the master for adopting a lax attitude with retard to the supervision
of navi6ation and poor passage planning of the vessel and the
unprofessional and unseama.nlih~ fashion on the part of the second officer
in the way lie hacl tc1ken tl,e avoidintS action. The master's conduct after
ground inJ further clcF,unst rci t ed a 1 ac k of good se ru,1ans~i p. 1 recommend that
both the master and the seconJ officer ue debarred from servin6 011
Siniapore shipR.
~;o
2.··JS/1
31 July 1%5.
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Annex 158
Annual Report of the Port of Singapore Authority
of the year 1987
1149
1150
upporting
Facilities and
Services
Free Trode Zones
The f'n:,: Tr:uk /one in tile
pun \\";i~ e~1.1bl i,lwd i 11 I 'H,•) h 1
L1r i l i t.11e e 111 rqmr 1r.ide amt IP prnmoh: 1 l1c Ji ,1ml l i 111; nf
1 r:111,;!1 i pmem i.:.irg 1 ,, The' p, 1r1 areas .md the .iir ,·argo 1c·r111 i -
11.11 .ire l'n.:c- Tr.itlL' Zune,. Ciornb :ire s1ored \\'ilhin lhc·
Zones ,,·it hou t ,111 y i.:u, tnms don1111c·mat i Pll 11111 i I tl 1 n ,U'l'
re kascd i 11 the rn.irk.::t. They r,rn ,il.si 1 be prn,·.::s"cd ;u1d l"l'·
c' x porlcd 1, ii h III i11 i 111111 n1 s lllrns tun n;il i I ic',, I'S .. \ prrw i dcs
ah1111t .J.~OJIOO s4 mc1n:, nf c,wercd ,mr.1i,:t· sp;1cc· in llK'
l'ree Tr.tdc· /,rn1e. ;11111 :ilmosl l'rnir 1i111es thal :1rca l,n ,,pc•11
sh•rni;c.
Warehousing
l'SA has :1ho11! 370.\)f l(l ,q 11wtrc•, 11f L"tll'l'.l'<'d w,tr<'ht111sc·
srau• ,nllside 1hc h,·c Tr,uk Zom'. rn:1~in~ it the· lar_\!L'.~l
11,1m:r 11f w.1rchnu~c spare in Sin_\!apurc•. ·rhl' \·lull i-Srnr,·y
Compkx ,md l',isir l',mj.mg C11mpk, ar,· PS:\·, major
w;irc huu ,c ,:nmplc \ cs. Ren I a I red 11 u 1u11, wcre gr.illlc'd i 11
/!)87.
,\1 rhc f\f t1l1i-S1orcy (',unplcx. ihcn: ar~· faL·i Ii ties for tifficc.
wan:hnusing aml !:il'tory operation~ i11 the· thn't.'
l'il'\ c11-,[lll"l'Y and l \\"(1 ll:11 ·SI( ,rc·y hh id,,. The i Ill l');l':1 tnl r .. 1-
··il iti,:, :111d lhcir pr11~imi1y !11 lh,: pun cnahk the u,c:1< Ill
c·il11solidal<' tlK·ir ,,pcrations and redul'e' th<'ir on·rlll'aJs.
Onc ,,f thc 1,.irchm1,c., at 1h<' P,1sir Pan_j;mg Cmnpl..:.,
1.1 ;i,; c .\h:n,i \c' I y rL'IH 11-ated to ,cn·c ;is a rcg i1111;1 I dis t ri hu -
l inn i.:c 111 ri.· for .i major .-\mc:ricn1 man II far tu r<'r. Thc
c,,mp.111,· ri111HtiCl\<.'L'll 11pcTtl i11n, in Dcc,·mlll'r.
Bunker and Water Services
lhmkc'I' flld ,11\J w.iter are ,uppl i<'d tn n:~.,l'I, ci1hcr
:tlong tile' 11· han·<', ur .i1 lhL' .111L"110rages. The m·c ra 11 u pw kc
,1r hunker, went 11p hy 8','i 1,1 8 .. 'i:' milli11111111mcs. n·in rorcing
Singapore·s pllsi1iun ;1s 1111c or 1l1c w11rld's k:1di11!!
hunk cri 11,\! puns.
:\ ··c·nmnwn-usn hunker in,iall,ui, >Jl .. 1., pl,mncd ft1r
I IJXX to unuhim: 1he resnmi.:c, ,ii' the' 1lm!l' bunkcrin!! ll'r·
111 ina 1 s at Tanjong l'.igar. The inst a ll;it inn wi 11 r<', u I I in
manpowc r sm' in~., .111d s:L·onom ic, ol .,l·ak.
I~
Marine Services
Ship, .u Si11,t:,1pure cn,i, 1y l'SX, pilnta!!,· and llll! ~l'fl ·
in•, 1"<1Ulll! !Ill' rind,. With the grn1, 1h in shi1•pill).: 11·:1l'tir.
1hc 111m1hs:r of piln1i:d 11m,·c, _\!rew hy _<o.,:; to 6--UIOO Pt'
whirh l/X'°'i 11·L'l'c' scr\in·,l 11 ithi11 hall an 11< >111· nf the ri111c
llrdc·r,'d. The munhn nf tu.~ job~ n•,e' n)· v:; tn 5.•.~S:-.. 111
I <JKX. ;111otl1n tlirn· k.i,,·d lll!!' 11 i 11 ,l1pplcmcn1 l'SX, llc-et
of l\\'1'1,·,, Ul_!!S.
T,, L'11Slll'c' !Ill' ,ate- 11,1, i)!,Ui<>11 llh,·s,cls. PS.-\ mai11t;1i11s
11a1·il!..ilio1ul :iids lil;c li~luhm1~e~. huuy,; and hcarons ;111,I
urnkrt.ikc, hydtnfr.tpl1ir ~ltrvey, 1<1 prnlhh:,· 11,l\ i)!.ilion.11
d1.ir1~. Tl1,· fi_\!IHl11111,L'S :1t lkd11k, Sull,111 Shnal ;111d l'ul,111
Pi,an~ 1, ,:re ;u11t11nat1·,J in I 4J7X. I 'IX-! and l'JX(1 rc,l)n'·
1i I cl). Kaftl,·s and 1 !111',l>ur.~h I .igl11hu11,s:, "i 11 he .111w
111all'd i 11 I qgx al a Uhl of :i. I.~ 111 i II ion.
f ia,-i'r<'t' in,p,·dio11s ;in- 11n ll'idl'd for 1 ,._,,,:I~ ,·ntnill)!
shir)·:inl, l,ir rq1;1ir, nr hot 11'111-k,. Tile' upturn i111k• ,hij'
rcp:1ir intlus1 I") led In ;i 1.1':; iun<'a,c in 1hc: uuml'l<.:1 111' ,hip
i 11~['<:ct 11111~ lo ~. '!41,.
Hie SI, 1p Rcn·pt i, 111 C,· 1 ll re .11 I',, l,tu St· b.i n •k ha, r,·c·c I' -
lion :1nd dispos.11 facilitiL'., fo1· JlL'ln1kum slop. sh11!,gc. 11 irty
h,illa,1 :md tan\.. w;1shings. The 1n1:1l \'ol flllk' uf ,lop and
1:1111,; ck,ming wall'!' disch,lr,\!fd ,11 till" C..:ntn.: nN' by 7'.; to
1.'10 .. "i!l(I n1hic rnclrcs. The appreciation of the• .lap:mc.sc·
Y<' n :111d I h <' i 11cre,1~t·d l' t 1111 p<'t it i YC n,·,s oi' I, lc·,i! ,I 1i p yards
,It! r,1ct,·d 111nre 1;m 1,;c r, 1n Si ng,t rnr<'.
( A ) l'.'i ,\ ', " ;, tf hou "', h:ul an ,.,·ni p ,m,·., rm c nf
;II mu,1 1111'·, in 1 "~'.
( B) Sinea1mr~ i, nnt• or 111,, "orl<I ·~ lcmlinJ!
lumk,·rin,: port,.
(C) lbndlin,: l:1r)!C u,ltJ "'~' nr irnn and ,t~l·I
pru,lm·1, ~nd ha)!)!t'd frrliliz,·r,. Juron,: l'nn
,~tu- ~• tJ(' im.·,·,e~1~c i11 <:arl.!n thrnuJ!hpu1 ii,
1~!17.
Annex 159
Investigation Report on Grounding of MV Binta Yar'adua
on 20 June 1988
••• * * •• * * * * •• * * * * *. * * *·*. * *. *
•
*
•* ...
•
CA 142
INVESTIGATIONS INTO THE GROUNDING OF NIGERIAN
MOTOR VESSEL BINTA YAR'ADUA OFT HORSBURGH
LIGHTHOUSE ON 20 JUN 88
•
*
*
.*.
*
• .. * * * * • * • * * * * * * • • * * * * * * * * * * *
.~ . I
k;,\' v s ,~ p /N
111s1 I
,-...-.1·s;·
;._kt;.
( t /,.._
j 11s2 I
1
CA 142
INVESTIGATIONS INTO TH[ GROUNDING Of NIGERIAN MOTOR VESSEL BINTA YAR'AOUA
Off HORSBURGH LIGHTHOUSE ON 20 JUN 88
INTRODUCTION
Motor vessel (mv) Binta Yar'adua was on a voyage from Singapore
to Hong Kong. On 20 Jun 88 at about 0455 hours, she grounded in position
Latitude 01° 19.5'N Longitude 104° 24.75'E (4 cables off Horsburgh
lighthouse). She sustained extensive damage to the ship's bottom and
internal structures. Most of the double bottom tanks and No 3 hold were
bilged. She was refloated on 23 Jun 88 after discharging about 4000 tons
of cargo. After refloating, she was towed to Singapore. At Singapore she
discharged all the cargo and was subsequently dry docked for permanent
repans. There was no injury to any person nor oil pollution from the
incident.
2
3
PARTICULARS Of THE VESSEL
Name
Of fie al number
Port of registry
Gross tonnage
Type of ship
Year built
Classified by
Total crew
Owners
LIST OF ANNEXES
Crew List
Binta Yar'adua
376088
Lagos
13315
: Multi-purpose container
1986
Lloyds Register of Shipping
30 persons
Mss Africa Ocean Lines Ltd
5 Creek Road
Adapa, Lagos
Nigeria
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Annex 8
Annex 9
Annex 10
Copies of the ship 1s statutory certificates
Copy of the chart used by the vessel
Report of the shipping casualty submitted by the master
Statements from the witnesses
Extracts from the vessel's deck log book
Copy of the cargo plan
Brief operating instructions for steering controls
Diver's report
Plan of the vessel's double bottom tanks
-2-
4 • SEQUENCE OF EVENTS PRIOR TO GROUNDING
• 1 The vessel was on a voyage from Santos (Brazil) to China via
Singapore and Hong Kong. She arrived at Singapore on 16 Jun 88 and was
anchored in the eastern working anchorage. At Singapore, she loaded a
cargo of plywood and general cargo for Hong Kong and carried out repairs
to the bridge control system of the vessel 1 s main engine •
• 2 On 19 June 88 at 2030 hours a Port of Singapore Authority (PSA)'s
pilot boarded the vessel, She was not ready to sail as her cargo was not
secured. At 2200 hours the crew completed securing the cargo •
• 3 At 2223 hours the vessel commenced weighing her anchor. At 2224
hours, the anchor was aweigh. The pilot guided the vessel out of the
harbour. At 2315 hours the pilot disembarked.
, 4 Soon after that the ve sse 1 crossed the west bound 1 an e of the
traffic separation scheme (TSS) and joined the east bound lane. She
commenced sea trials to check the bridge control system of the vessel's
engines which was earlier repaired in Singapore •
• 5 On 20 Jun 88 at about 0200 hours, the sea trials were completed,
The master turned the vessel and crossed the traffic lane of the TSS to
return to Singapore. At 0318 hours, the technicians (who did the sea
trials) disembarked in position Lat 1c 1S.3'N long 104° 05.4'( off Johore
Shoal Buoy.
, 6 At 0320 hours the vessel resumed her voyage to Hong Kong, A
little later, the vessel crossed the west bound lane and joined the east
bound lane of the TSS. At 0342 hours when she was in position Lat 1° 15.4'
N long 104° 05.4' E the master rang full away and steadied the vessel on a
course of 089° (T) and {G) (see the chart in Annex 3),
.7 At 0400 hours the second officer plotted the ship's position. A
little later he handed watch to the chief officer and left the bridge •
• 8 At about 0410 hours, the master 'acquired' Horsburgh lighthouse
on the automatic radar plotting aid (ARPA). (This procedure is used in an
ARPA to mark an echo to differentiate it from other echoes.) He then
showed the chief officer the position of the lighthouse on the radar screen
and visually, He also pointed to the chief officer the position where the
course was to be altered. A few minutes later the master left bridge.
, 9 At 0415 hours, the chief officer plotted the vessel's position by
taking radar hearing and distance from a point identified by him as Tanjong
Ayam. He found that the ship had drifted slightly (2 cables) to the south
of the course line. He adjusted the course from 089° (G) to 083° (G) on
the autopilot (see Annex 3).
i 1154 [
-3-
.10 At 0430 hours, the chief
again. He found that the p::isition
He adjusted the course on autopilot
officer plotted the vessel's position
was slightly north of the course line.
from 083° (G) to 073°(G).
.11 At about 0445 hours, when Mungging lighthouse was abeam of the
vessel the chief officer asked the EDH to take the wheel and alter course
to 045° (G). He then went to the chart room and plotted the 0445 hours
position by taking radar bearing and distance of Tanjong Punggai. The
vessel's position was about 3 cables east of the charted course line. He
remained in the chart room to check the subsequent charts •
• 12 A couple of minutes later the deck cadet informed the chief
officer that Horsburgh Lighthouse was seen on the port bow instead of being
on the starboard bow. The chief officer went to the wheelhouse, had a look
and returned to the chartroom. He checked the radar (to read the display
of bearing and distance of Tanjong Punggai taken at 0445 hours) end the
chart to confirm whether he had plotted the 0445 hours position correctly.
He found that the position was plotted car rec tl y •
• 13 A few minutes later, the chief officer returned to the
wheelhouse. He was thinking what could have gone wrong. In the meantime
the cadet also went to the chartroom to check the chart. The chief officer
noticed that the lighthouse was getting closer on the port bow. At about
0455 hours he ordered 11hard a starboard". A few moments later the vessel
felt heavy vibrations, slowed down and grounded. TI,e chief officer put the
propeller pitch to zero position and sunmoned the master.
5 SEQUENCE lF EVENTS ArTER TfE GROUHDING
• 1 The mast er immediately rushed to the bridge. He plotted the
vessel's position and found that she had grounded in shallow waters about 4
cables east of Horsburgh Lighthouse on a heading of 090° (G),
.2 The master instructed the chief
the chief engineer to check the soundings
and to find out the depth of water around
officer, the second officer and
of all compartments in the vessel
the ship •
. 3 from 0503 hours to 0519 hours and from 0643 to 0711 hours the
master tried to refloat the vessel by usinq her engines but in vain,
.4 The soundings revealed that eight of the vessel's double bottom
ballast tanks and number 3 hold were bilged (see annex 10). The vessel was
aground from the forward upto the engineroom bulkhead. The propeller was
clear •
• 5 At 0721 hours, the master sent urgent messages to Port Master,
the local agent and the owner's representative in Singapore.
-4-
.6 At 1038 hours a salvage tug came alongside the vessel. At about
1300 hours the owners representative boarded the vessel. At about 1630
hours salvage divers commenced under water survey to check the extent of
damage •
• 7 At about 1900 hours a representative from the vessel's
underwriter boarded the vessel. At about 1930 hours the salvage divers
completed under water survey and qave the master a report of the extent of
damage (see annex 9) •
• 8 On 21 Jun 88 at about 0052 hours, after consulting the
underwriter's and the owner's representative, the master signed salvage
agreement (Lloyds Open Form) with Ms Salvindo. The salvage team commenced
salvage operations •
. 9 At about 0730 hours the sea became choppy and the vessel
commenced shipping seas on deck. About this time, the master noticed that
the pipe duct compartment was getting flooded. At 0752 hours the master
signed another salvage agreement with Ms Smit Tatk To wage and Salvage
Company •
• 10 The salvage team pressurized the flooded tanks and lightened the
vessel by discharging about 4000 tons of cargo from her deck and holds into
lighters •
• 11 On 23 Jun 88 at about 1523 hours the vessel refloated at high
water. The salvage tugs towed the vessel clear of the reefs and assisted
the vessel to Singapore. The ship was anchored off .Johore Shoal Buoy for
temporary repairs •
• 12 On 30 Jun 8A at OS31 hours she shifted to Sembawang Wharf. She
discharged all her cargo and subsequently shifted to an anchorage to wait
for dr ydock •
• 13 She drydocked on 9 Aug 88. In drydock the damaged plates and
frames were renewed and other repairs carried out. She completed her
repairs on 29 Aug 88. The vessel is still in Singapore anchorage due to
litigation by various parties.
6 FINDINGS
.1 On departure from Singapore the ship had a crew of 30 Nigerians
and 2 Taiwanese superntmeries. According to the owner's representative the
ship was to be sold to a Taiwanese company on completion of her voyage.
The supernumeries were the superintendent engineers of the new owners.
Copy of the crew list is in Annex 1.
111s& I
-5-
.2 lhe ship's master, the chief officer and other officers and
engineers were holders of appropriate certificates of competency issued by
the Department of Trade UK .
. 3 The vessel's certificates were all current and valid at the time
of the grounding, Copies of the statutory certificates are in Annex 2 •
. 4 The vessel was built in 1986 and was appar"'~nt;Jy new. She was .._.,.,--
equipped with the modern navigational equipment such as Gyro, radar, ARPA,
echo sounder, log and satellite navigator. All navigational equipment were
in working order and being used at that time, The ship's officers also
confirmed that there was no failure of any equipment or machinery prior to
the incident.
,5 According to the master the vessel's bridge control system was
defective during the voyage from Brazil to Singapore. In Singapore the
controls system was repaired by two East German technicians from the
manufac t'urers of the equipment. The master had requested his owners to
have sea trials to ensure that the controls worked sat.isfactorily in sea
going conditions. On 19 Jun 88 after disembarking the pilot, a sea trial
was conducted while the vessel was proceeding along the east bound lane of
the TSS. At about 0200 hours on 20 Jun 88, when the master was satisfied
that the controls were working sa.tisfactorily the vessel returned to
Singapore to disembark the technicians off Johore Shoal Buoy. At 0320
hours the ship resumed her voyage. If the vessel had not conducted the sea
trials she would have passed Horsburgh Lighthouse by about 0300 hours.
,6 The chief officer, the deck cadet and the EDH went off duty at
about 2230 hours on 19 Jun 88 (when anchor was weighed) and resumed duty at
0400 hours on 20 Jun 88, They would have had a rest of about 5 hours when
they took watch •
• 7 The weather at the time of the incident was calm with clear
visibility. The traffic in the Strait was also light. The tide off
Horsburgh Lighthouse was predicted to be setting north-easterly (OS5°T) at
about 2 knots •
• 8 The vessel 1 s positions were plotted every 15 minutes. From the
positions it is evident that the vessel had not experienced any strong
currents or tidal sets. Adjustments to the courses steered made during the
period were minor and could be considered normal for a vessel of that size,
.9 The chief officer had plotted the vessel 1s positions at 0415,
0430 and 0445 hours. These pos.i tions were obtained by taking radar bearing
and distance from the points identified by him on the radar screen
as Tanjong Ayam, Tanjong Kelok and Tanjong Punggai respectively. None of
these positions were counter checked by either taking visual bearings or
-6-
checking radar distances from other known points. It is therefore likely
that these positions could he erroneous •
• 1 0 The vesse 1 would have had a clearance of about O. 9 miles from
Horsburgh Lighthouse if she had proceeded along the charted track. The
reefs east of Horsburgh Lighthouse were the proximate danger area along the
route in the chief officer•s watch. Although the master had shown the
position of Horsburgh lighthouse on the radar and visually to the chief
officer, he had not used it as a reference point for checking his
positions nor did he take visual or radar bearings from it. He had also
not used parallel indexing technique using the lighthouse. Had he done
so, he could have monitored the vessel's positions continuously in relation
to the lighthouse and would have been aware of any drift of the vessel and
could have taken corrective measures •
• 11 From 0400 until about 0500 hours, the cadet was keeping a lookout
from the wheelhouse and had not assisted in any other duties on the
bridge. In my opinion, the chief officer should have better utilized the
cadet by asking him,check the courses steered, take visual bearings and
plot positions • Lt..,
• 12 Neither the chief officer nor the cadet checked the compass to
ensure ~ether the EDH was steering the correct course. They were
therefore not aware whet her the EDH was steering the correct course •
• 13 The vessel was on autopilot from about OJ42 hours. At about 0445
hours, the chief officer commenced to alter course on the autopilot. A
little later he asked the EDH to take over the wheel. Before handing over
the wheel, the chief officer did not change the steering controls from
autopilot to hand steering mode. This was confirmed by the cadet who said
that he had a few minutes later changed the steering to hand steering mode
when the autopi 1 at I s "off course a 1 arm" sounded. As the vesse 1 was on
autopilot mode when the wheel was handed to the EDH, the vessel would not
have properly responded to the wheel and would have been steering an
erratic course until the steering mode was changed by the cadet. This
could be a possible reason for the vessel to drift east of her intended
track •
• 14 The deck log book states that the chief officer had commenced
altering course at 0450 hours (see Annex 6). Based on the vessel's speed
and her positions as plotted from 0400 hours, the estimated time when the
vessel would have reached the alteration point is al 0440 hours. If the
vessel had commenced altering course only at 0450 hours she would have
drifted about 1. 5 miles east of the course Une. This is evident from the
cadet's testimony who said that Horsbugh Lighthouse was observed on the
port bow even after the vessel was steadied on the new course.
I 11se I
.15 From the chief officer's and the cadet 1 s testimony it is apparent
that the chief officer had spent most of the time (after he took over
watch) in the chart room and had not kept an efficient lookout. [)Jring
coastal passages, 6fficers are required to spend as little time as possibfe
in the chartroom for the necessary performance of navigational duties (such
as plotting positions) but should ensure that an efficient lookout is
maintained •
• 16 When the cadet informed the chief officer that the lighthouse was
seen on the port bow, instead of assessing the situation and taking
corrective action, the chief officer wasted valuable time in a futile
exercise of rechecking his earlier positions and trying to figure out what
could have gone wrong. Setting of a vessel (due to action of wind,
current, larger turning circle etc) which requires minor adjustments to the
course steered is a very common occurrence during coastal passages. A
prudent officer in his position would have quickly assessed the situation
and altered course to port towards deeper waters away from the danger1 then
checked the vessel's position. After confirming his position he would have
ordered the correct course to steer and would have closely monitored the
vessel's positions until the danger was cleared •
. 17 The chief officer said that when the lighthouse was very close he
had given the order "hard a starboard". However, later in his testimony he
changed that to 11h ard a part" ( see Annex 5), The vessel's he ad ing when she
grounded was 090° and the course steered before grounding was 045Q. It is
therefore unlikely that the course was altered to port. In my opinion,
even at that late stage, the grounding could have been averted if the
course had been altered to port away from the reefs •
• 18 The master was on bridge from about 2230 hours on 19 Jun 88 until
about 0415 hours on 20 Jun 88. If he had remained on the bridge for about
half an hour more or until the final alteration of course to pass the
Horsburgh lighthouse the vessel may have cleared the lighthouse safely.
However in this case the master had handed over watch to the chief officer
(the senior most deck officer) a little earlier after giving him clear
instructions how to pass off Horshurgh lighthouse. This could have been
due to the fact that the master had been on the bridge for a long period
and may have been tired. The passage after the lighthouse is clear for
about 100 miles. In my opinion it would have been better if the master had
remained on bridge until the vessel passed clear of the lighthouse or he
had steadied the vessel on the final course to pass clear off the
lighthouse.
7 CONCLUSIONS
.1 The main cause of the grounding was that the vessel had drifted
about 1.5 miles east of her charted track. The vessel was then heading
onto the reefs off Horsburgh Lighthouse. The chief officer had ample time
and opportunity to take corrective action. However he did not do so. One
can therefore only conclude that the grounding was the result of the
negligent manner in which the chief officer had navigated the vessel •
• 2 The chief officer had failed to:
(a) supervise the change of steering from autopilot to hand
steering- mode when he asked the EDH to take over the wheel;
(b) check the course steered by the EDH;
(c) note the dangers to navigation expected along the vessel's
course in his watch;
(d) keep an efficient lookout;
(e) assess the situation and take appropriate action when the
cadet informed him that the lighthouse was seen an port bow
instead of being on the starboard bow;
(f) make intelligent use of navigational equipment like radar,
ARPA and gyra repeaters for checking positions of the
vessel; and
(g) alter course clear of the danger when the lighthouse was
close to the ship.
'fr.,....
.3 A prudent master would have remained onLbridge until the vessel
had cleared Horsburgh lighthouse or until he ensured that the vessel was
steadied on the final course to pass clear of the lighthouse. If the
master had been on the bridge at the material time, he could have taken
corrective action and the vessel may not have grounded.
B RECOMMENDATIONS
.1 I do not recommend a formal inquiry as it will not shed any
further light on the incident .
• 2 The grounding was due to the negligent manner in which the chief
officer navigated the vessel and ta a lesser extent the failure of the
master to remain onl1:'ridge until the vessel had cleared Horsburgh
lighthouse. As both these officers are Nigerians and the vessel is
registered in Nigeria I recommend that we inform the Nigerian authorities •
• 3 I also recommend that we should not recognize the certificate of
the chief officer for employment on Singapore ships •
.0 •, j} •:.. -->t..:=.--
1 MS /W --
Annex 160
Singapore's Note SHC 98/89 dated 16 June 1989
SHC 98/89
·The High Comaie11ion of the _Republic of Singapore
presents its compliments to the Ministry of Foreign
·Affairs, Malaysia,. an~ has the honour to refer to the
latter•a note EC 36/89 dated 19 April 1989.
The High Commission wiahes to·expresa ita serious
concern over the arrests of the eight Singapore-registered
tishing vesa~ls.
The coordinates given in the Ministry's not•
IC 36/89 confirm that five of these vesse1s were arrested
outside Malaysian territorial waters.
Three vessel• - SMP 698, SMF 1058 and SMF . 1032-
were arrested in areas where .the boundaries of the various
maritime zones hava not yet been resolved.
'l'wo vesaels were arrosted in Singapore territorial
waters surrounding Pedra Branca: SMF 1045 at lat 01' 28'
21• N long 104' 31' 2511 B, 11.2 nautical miles from Pedra
Branca, and SMF 1047 at lat 01• :z7• Z4" N long 104• 31' 36"
E, 10.5 nautical miles from Pedra Branca.
i 1161 I
The Ministry of Foreign Affairs of Singapore has on
four pr~vioua occasions informed the Malaysian High
Commieaion in Singapore that Singapore exercises
sovereignty over Pedra Branca and the waters around it.
a. Notes No. MFA 30/80 dated 14 February 1980,
No. MFA 146/80 dated 13 June 1980, and No.
MPA/Dl/179/89 dated 28 February 1989 stated:
"The Government of the Republic of sinqapore
has · sinoe the 1840s, by virtue of both its
acts and those of its predecessor governments,
occupied and exorcised sovereignty over Pedra
Branca and the waters around it. 11
b. Note No. MFA 3155/81 dated 24 August 1981
atat.ed.t
11... p•rt of the delineated area . • . falls
within the territorial wa~ers of Singapore by
virtue of sinqapore•s ownership ot Pedra
Brana.."
The ·singapore Government gannot accept these
arrests of Singapore fishing boats by the Malayaian Marine
Poiioe in waters where the maritime boundaries are
2
unresolved and in Singapore territorial waters. It u~ges
the Malaysian Government to release immediately the vessels
arrested in theee areaa - SKF 698, SKF 1058, SMF 1032, SMF
1046 and SMF 1047.
The remaining thre• vessels - SMf' 899, 8Ml" 1005
and SMP 1043 .. were arrested in Malaysian territorial
waters which are traditional fishing 9rounds of Singapore
fiahermen.
The Hi;h Commission refere to its note SHC 121/86
dated 13 November 1986, expressing the hope that the
earlier Malaysian arrests of Singapore-registered vessels
in their traditional fishing grounds in the south China Sea
oould be resolved amigably between the relevant
authorities.
Singapore Marine.Police and Navy patrols often find
Malayaian vesaela in Singapore territorial waters, fishing
in wb.a'c· they claim _to be traditional fishing grounds.
·singapora-has not arrea~ad thase boats. Wber~ver possible,
it haa allowed them to continue tishing. Where this is not
possible for security or other reasons, the Singapore
authorities have asked them to leave instead of arresting
them.
I 11&3 I
3
For example, the POrt of Singapore Authority is
erecting a radar on Pedra Branca as part of ite Vessel
Traffic Znfonaation System (VTIS). Construotion is now in
progress. The current phase of work makes it necessary for
vessel• to keep away from the iDmediate vicinity of the
island. Since April 1989, Singapore Navy and Marine Police
patrols· have baen requesting vessels there, including
Malaysian fishing vessels, to leave.
The High Commission requests the Ministry- to use
its good offices to secure the release of the vessels SMF
899, SMF 1005 and SMF 1043, and to advise the Malaysian
authorities not to take any action against Singaporeregisterecl
vessels fieahing in their traditional fishing
g~ounds.
The High Cow.mission of ·the aepubl ic of Singapore
avails itself ot this opportunity to renew to the Ministry
of .Foreig~ Affairs, Malaysia, the,assuranoes of ita highest
conaiderat:ion.
1& June 1989
Ministry of Foreign Affairs
Wisma Put:ra
KUALA WMPQB
4
Annex 161
Singapore's Note SHC 99/89 dated 16 June 1989
SHC 99/89
The High Commission of t.he Republic ot Singapore
.presents its oompliments to the Ministry of Foreign
Affairs, Malaysia.
Further to its Note No. SHC 98/89 4ated
l.6 June 1989, the High Commission exl?'reesea its serious
concern over the intrusion of• MAlaysian Police Boat and
its seaboat into Singapore territorial waters around Pedra
Branca around 9 am on 14 June 1989.
At 8.45 am on 14 June 1989, guards at Horsburgh
Lighthouse obaerved a Malaysian Police Boat PZ 3
approaching Pedra Branca from the North. The boat was then
about 1 nautical mile (n~) away.
At 9. 10 am, · when it was about 1/ 2 nm from Pedra
Branca, the Police Boat launched a · aeaboa.t.. Thre_e
policemen in blue Marino Police uniform. embarked. on the
aeaboa~, armed with pistols and carrying a oamera,
binoculars and a radio se~. -The seaboat approached close
to l'edt-a Branca and circled the island· .at a distance ot
less than so metres, observing through binoculars and
taking photograp~e ot Horsburgh Lighthouse.
111ss I
At 9.26 am, PZ 3 -recovered the •e~boat, and
departed in the direction of the Singapore Strait.
The High Commission reiterates that the RepUblio of
Singapore has sovereignty over Pedra·sranca and the waters
surrounding it, These provocative activities by Malaysian
Police in Sin_9epore•s territorial waters clearly cannot
amount to innocent or transit passage. The Singapore
Covernment regrets these activities, and requests the
Halay•ian Government to ensure that they do not reour.
'.rh.e High Commission of the Republic of Singapore
avails itself of this opportunity to renew to the Ministry
of Foreign Affairs, Malaysia, the assurances of its highest
consideration.
16 June 1989
Ministry of Foreign Affairs
Wisma Putra
KUALA LUMPUR
2
Annex 162
Singapore's Note SHC 103/89 dated 22 June 1989
SHC 103/B9
The High commis&ion of the RepUblic of Singapore
·preaento its compliments to the Minis~ry. of- Foreign
-Affairs, Mala)"aia, ·and has the honour to refer to the
former Is Note SHC 99/89 dated 16 June 1989., expressing, ·
inter alia, aerious conc_ern avei:- the· activities of' a
Malaysian police ):)oat PZ 3 which intruded into s1n·ga.pore
territorial waters around Pedra Branca on 14 June 1989.
The High conimission wishes to inform the Ministry
of-· a further .intrusion, incons.istent -with innocent or.
transit 'passage, ):)y a Malaysia~ police . boat PSC 38 into
Singapore te_rrit.orial waters around Pedra Branca. . ThE!
details a~e as follows:
At about 1140 hours on 17 June 1989,
Malaysian police boat ·ps_C 38 with 6 persons on
board was observed tQ have circled Pedra
Brai,.oa at ·. a dlsta.nce of between 4 oo to · e t;)O
metres. TWo persona were in dark blue po_lice.
~niform, one in·. uniform. of light blue shirt
·and khaki. shorts, and" three others in civilian
. .
olothes, One civilian was observed to be
photographing Horsburgh Lig~thcusa as P.sc 38_
oirol·ed ·Pedra Bra.nc_a, · Another civilian w~s
·seen t·aking_ notes. · ~sc 38 left after J::ieing
requested to do so ~y the· Singapore Na".'y·.
! 11&s !
The High Commission of the Republic. of Singapore .
avails itself of this opportunity to renew to the Ministry
of Foreign Affait's, M~laysia, the aeaurances gf its highest
conaid.er.ation.
22 June 1989
Ministry of Foreign Affairs
W1sma Putra
KUALA LQMPUB ·
Annex 163
· Singapore's Note SHC 109/89 dated 1 July 1989
SHC 109/§1. .. - _ -
The High Commi&&ion ot tha R.1public ol Singapore
pr•••nta ita compliment1 to tha Ministry of r~r•19ft
Atfaira, ·Malay•ia, and has tha honour to r•t•r to th•
tor\'ller•s Not•s SHC 99/89 dated 16 June 1989 a~d SHC 103/89
'dr&tad 22 June 1989, expreaeinq, inter alia, ••rious eonoe~
avet' the activit1a1 of the Royal Malaysian Mai:ine Polic:•
(RMMP) boata which intruded into singaport ~•rrito~ial
watara around Pedra Branca on 14 June 1P89 and 17 3urie
198f,
...
The High conimiasicn regrets that despite it1
requesta: ~o thl. Ministry to atop such intruaions by RMMP
bo~t• into Sinqapo~~ territorial waters around Pedr~
15ranc~, turt.h,; int-rha'ion~ inconsiatant · with innocent ·or
. :· ._ -~~ :· ,. ·~_>", ~. • ·'.".,.1·4 •• ' - · transi._~- p:aaaage have taken pJ.,-.ca.
- (a) -- rrom·2140 hrs on 24 June 1989· to 2130
h~• on as ~une 198t, RMMP boat ,1· 5
·anoho~o« 1aaa than one na\ltic:ial -11111• ott
·11ed.ra Branca. Our!~g _this pe~iQ~,.· Rapublia ·
of singe.pore Navy (RSN) 1hips in.formed RMMP
):ic:aat 11z a on thr10 oooaa1ons that 1he wae
in - Sinqapor•~ t•~ritorial wa~era ·and.
z,aqueste~ har to leave, but· PJOtP · beat· PZ 5
did not do ao. ~t 2~l, hrs on 25 3un•
I 1170 I
(b)
. (C)
(d) .
1989, the ·- cownandinq Olfioer of IUOlP boat
PZ s inf armed RSN 1hip RSS Darinq that "wa
WQre diractid by our authorities to ha
here. Acrcording · to· the Malaysian
Gavilrnment, thia is ol•ar Malaysian
te'rri torial watera, t t t t have bean
specifiqally di2:'BOted to .be in th• area."
sava~al persons armed with M-16 ritlos were
sea~ on board RMHP boat PZ s. some persona
on her bridie ware ob1•rv•d to be f1lainq
Ko~sburgh L!9h~hou1a. .. -,.
At 12 4 o hr• on 2!1 Juno 1989, RMMP boat·
PSC 38 viaitad RMMP bo«t ,z 5 while 1h• was
artchored in S'ingapo2:e tert'J.torial w~tetts ..
At 0140 hrs on_26 June 19891 PJIMP boat
PX 33 visited I\HM' b"oat PZ. a While ahe waa
anchored t:n S.t.n~apor,· t•tziitorial wat~r ...
rrom · 09 oo hra t'o 1;'00· ··hra .on 27 i7une
19 at., -~P boa't . PZ . , · anaho:rad on• nautiaal
-mile . fr·cza ·Pedra -Bz:iuioa, 1\SN e~.ip• intormad
har - that sl\e was in -- Singe.pore t.erri torial
water• and requooted ~er to leav•, but RMMP
(t)
boat PZ l did not do 10.
·rrom 1110 hra t·d l!51!S hrs on 28 Juna
l.9B9, RMMP boat PZ l anchored about one ·
nautioal mile trom Padra Branca,
c
Prom 0930 hr, t~ 1345 h~• ort Zt Jun•
19Jt, RMMP boat PZ ·3 anchcred 0.9 nAutica1
mile from Pedra lh:anca, When an RSN •hip
infottt•d ha:t" at 1000 h~• that she vaa in
S1nqapore territorial water• •nd raquastad
her to leave, PJ1Ml' boat PZ l did not do eo,
C;) From 1135 hra to 1140··.hr• ·on 30 June
"(h)
-l.9 a 9, l\MMP _boat PZ 3 anchored o. 9 nautical
~ile fr~m Pedra Branca.
At 1235 · hrs on 30 3un 89, MMP- boat
PSC 38 waa oba•rv•d app~oaobinq Pedra
lri.nc::,a ~t- hiq~ spee.d and comlnia-va• :. cloilil as
o-. & nautJ,caJ. m11Ei t1:om·- Pedra· Branca to
take photographs of the lifJhtnauae. PSO 39·
.vialted RMMP boat PZ l at 1310 hra while
PZ 3 waa anchored in Singapo~• tarritarial
wat-ara.
11171 l
11172 I
(i) ,~0111 1740 hours on 30 3una 1989 to
OIS25 h>:s on 1 July 1989, RMMP bo4t PZ 11
anchored 0.9 nautical mile tram Padra
lranoa,
Sinca 24 3unG 1989, RMMP boats have be•n
maintainin9 a daily pras~nQQ in $1ngJpo~e territorial
watar• around S'edr• 8:-anca, obe•rv1ng, tilmin9 and
The Hi9h coui•sion do•• not
undcu:at.and v?\y they are doing 10, p·artic:tJla"lY as on
23 Jun• 1189, the Couns•llor in kuala Lumpur, Mr onq Ken~
Yong, had told Encik Arahad Hu1a4£n, th• ·.:· Pi-inoipal.
A.ss1stant secretary (S0uthea1t A1.ia I) that tfan9apor• would
' ' be happy to invit:a Malaysian officials to viait · Pedra
Branca, _,1.t thay wis=had to do i;o. · This invitation to vi.:it
tha _ialand, .a_nd t.o aaa tlta Port of· Sinqapore Authority
V••••l ·Tx-attic Inrormation ·Sy1tem (VT:tS) radar beinq
conatructad there, remain• open.·
Singapore ticu1 }Jaan 1n unint•rrupt•d o~'ciipatiofl of
e.nd. _- aX&fclaed GOV4r•ignty ova~ Pedra Dran,;a a·n~ . the water•
•round 1t ·.•1noe t.1\~ 184_0•. ·.Within t.h• 1a11t few .day•, arm•4
~P boat, nave started anchorin9 c~o•• ~o the island, Th•
resulting ground ·aitue.tion 11 risky, There i• • dan9eith1t
Malaysian boats May came into olose quaners with- .·
Singapora boats, leading to a physical cQnfrontation and
escalation of the d!spute which neither government wants.
The High C:cmm.ission reite.ra.te.s that Singap<:iro ha.s
sov~raign ty ovor Pe.dra Branco. and the· wo tar a around it •
Th• Singapora Government objects to and strongly regrets
these activities by ·the RMMP boats in its territc~ial
wo.t.ers, and again requests the Mala.ysian Government to
ensure that such activities do not recur.
In December 1981 1 ~rime Miniat•~ M~ Lea Xuan Yaw ot
Singapore. and- Prime Minister Dato' Seri Dr Mahathir Moha111acl
ot Malaysia a.greed that the two countries would exc_hange
·dooume.nts. to establish Male.ysia I s cla.im to Pedra eranc;:a.
On 16 June 19891 Singapore Foreign Minister Mr Won9 Kan
·seng to'ld Malaysian ForeiC;TI Minister Cato I Abu Hassan l:lin
Hj Omar in Geneva that singe.pore was aw~it~ng a reaponsa
from Malaysia on this exchang•_ of dccuments. Mr Wong als~
said that. it the matter is not· settled after the ·exehang•
et documents, ·Singapore· is prepared to 11.av• Me.layaia•·s
~hallan~a ta ·singapore•~- ownar1hip ~f Pedra- Branca
adjudicated .upon ·by the tnternat.icnal Court_ ot Justic:ia,
vhosa decision shal·l be ' binding on both sides. The High_
ccmmisaion raiterate.a thesa otf_ers, and" ra_queata th•t if
~alayai"a wishes to purs_u• its claim to P~dra. Bran.ea, it
j 1174 I
doed so pe.a.cofully in acco;-dAnc::e with th••• arrangements
and intarnational law.
The High Co1Utniss!Qn of the Republic of Singapore
avails itselt ot thi• opportunity to renew to tha Ministry
ot foreign Affairs, Malaysia, tha aaaurancea ot its hiqhest
oon•ideration.
1 July 1989
Ministry ot Foreign Affairs
Wisma Putra
ID,iala Lumpur
Annex 164
Malaysia's Note No. EC 60/89 dated 14 July 1989
EC 60/89
The Minisb:y"9f-Fore.igil Affa;irs presents·its.canpliments
to the--High cainni.ssion. -of_ the Pepublic of SingapJre ,. ani with ·
reference-to the latter's notes SS: 99/89, SHC 103/~9 and
SHC 109 /89 da~ 16. June .198~, ·: 22 June 1989 arrl. t July .1989
respectively, haS- the -. honol]J:'. to state. -the fo_llCMing:·-
1-. The Q:wernment of 'Malaysia ~terates tha~ .
. Pulau Batu Putih or Pedra Branca~, frc;in
time imrrerorial·been part·of :the territocy
of the state of Johore, which _ is . a COll\X>Pe!l.t
part of_ ~ys~, and consequently waters
surrounding. Pu.lau Ba.tu Putih f~ part ~f
Malays_ian territorial. waters. Aeo)rdingly .
Pulau Batu.Putih or Pedra Branca and the
waters · surrourxiing it. have been inciuded
as part of_ M3.laysian territory and._ Malays_ian
territorial waters in .Malaysia's New Map
published on. 2 l December 1979 and the 1984 -
Reprint .of the M3.laysian Map on -Territorial
Waters and Continental Shelf.
2 •. The presence. and navigation of Malays_i!ID
i;olfce b::>ats, ard the acts of any person
on l:oard thereon in the waters surrounding
Pulau Ba.tu Put.ih or. Pedra Branca on the
dates mentioned in the High canmission's
N.Jtes un:ler reference, · were each . a valid
exercise of the p:::7,ver of asmrereign State,
Malays_ia, in and over its t~i:tocy _and.
t.erritoriaI waters, 'and Malaysia has not
' - . .
thereby camdtted any act o~ intrusion
· into the Republic of Singap:)re.
3. The G::lVernment of ltalays_ia eJ:Q?;esses its
' .
deep ~ am. serious COOOEml over the
.act of·tbe Port of Singapore· ~rity .in
erecting a radar station on PUlau I?at.u · Putih
·- or Pedra Branca as part of its ve5$~l Traff_ic ·
Infm:matiort Sys~ ·(V.T.I .. S.) ~thout prior
infomiation .to . am con.sent of the Cbveri1rcent
of -Malaysia. This and the acts · of the . ' '. .
authorities ~f the RepUblic of Singapore in
prohibiting· Malaysian fishing vessels fran
fishing· in that area are _ each a violation 9f _
Malaysia• s sovereignty over Pulau 1:2t\l Putih ·
or Poora·Branca an::i its territorial.waters.
The ~ ~shes to invite- the attention of the High
Ccmriission to the Malaysian High O::mnission's·N::>te N.;,: 'E£./80 dated
14th April 1980 to the Singapore Ministry of Ebreign Affairs in
which Malaysia's sovereignty over Pulau Ba.tu -Putih has been clearly
spelled out. A oopy is attached for ease of. ~f~.
The Ministry of· FOJ::?,ign Aff_airs avails itself of this
opp:>rtunity to renew to the-High Cl:mnission of _the_ Republic of
Singap:,re the assurances of _its highes:t consideration.
Minisb:y of ·Foreign Affairs,
Wisma Putra, ·
Kuala IajmPur.
July 14, 1989
Annex 165
Port of Singapore Authority's
Port Marine Circular 8 of 1989 dated 20 July 1989 and
Port Marine Circular 12 of 1989 dated 25 Aug 1989
SECKEI~
PORT OF SINGAPORE AUTHORITY
PORT MARINE CIRCULAR
NO 8 Of 1989 .
20 Jui 89
To
Shipping Conununity
VESSEL TRAFFIC INFORMATION SYSTEM (VrlS)
1 The Port of Singapore Authority (PSJ\) is constructing a Vessel Tniffic Information
System (VrIS) to monitor shipping in tlie Si11g,1pore Straits an<l ships' compliance with the
Traffic Separation Scheme (TSS) . .The vns is part of PSA's overall upgrading programme
to improve the man.1gemen{ of shipping activities in the port anti its approaches. Tile
system will make use of radars installed at Sultan Sl10.il, Raff1es, St John's Island; Dedok
arid Pe<lra Branca.
2 PSA has stmtec.1 radar i nsl:111 at ion work si nee J)ccembcr 1988, begi nni 11g with Beduk
.ind St John's Island. It has just begun the installatioll of radar equipment on Pedra Dranca.
The radar lower on Pedrn Branca bas been completed. Two ratlar antennae will be set
up tit the top of tbe tower on· the island. The task will be carried out by PSA engineers
with the help of Swedish and Norwegian consultants. After installing the equipment, they
will c.irry out measurement checks and silc acceptance tests. Preparation works have
already begun. Vessels will be bringing equipment ;ind personnel to the island. There will
be quite a lot of movement over scvcrnl weeks.
3 In view of these on-going activities, all vessels should continue to keep clear of llie
t1rca around Pcdra Dranca. The JZcpublic of Si11gapore N,wy and Marine Police will
continue asking all boats found near lhc islrmd to lc:wc !he area. Vessels should also keep
clear of tile other radar sites when ins!.illalion work begins al the respective locations. Gs? (JfV/Y\
h NG ll~_ci)TAT
/ ~o PORT MASTER
;tmT tv1ASTER'S DEPARTMENT .
/
SECRET
PORT OF SINGAPORE AUTHORITY'
PORT MARINE CIRCULl\R
NO. 12 OF 1989
25 Aug 89
To
Shipping Community
SECRET
VESSEL TRAFFIC INFORMATION SYSTEM {VTIS)
PSA has completed installation of the Vessel 'l'raffic
Information System (VTIS) radars on Pedra Branca. From
25 Aug 89, it will again allow boats to fish in the Singapore
territorial waters in the vicinity of the island. The Republic
of Singapore Navy and Mc1rine Police will carry out periodic
security checks on such vessels, as they did in the past. In
future, the PSA may, from time to time, again require vessels
to keep clear of the area around Pedra Branca.
TAT
MASTER
ORT MASTER'S DEPARTMENT
SECREr
Annex 166
Singapore's Note SHC 139/89 dated 11 Sep 1989
SHt 139/89
The High Commission of the Republic of Singapore
presents its compliments to the Ministry of Foreign
Affairs, Malaysia, and has the honour to refer to the
latter's Note EC 60/89 dated 14 July 1989 and to its Aide
Memoire dated 20 July 1989.
2 The Government of the Republic of Singapore rejects
the contention of the Government of Malaysia that Pedra
Branca has from time immemorial-been part of the territory
of the State of Johore an9 consequently waters surrounding
it term part of Malaysia's territorial waters. This
contention is not supportable in international· law~ The
High Coil\lllission note~ that the Ministry•s Note EC 60/89 has
not adduced a~y evidence in support of the Malaysian ·claim.
3 The Government of the R~public of Singapore also
notes that Malays.i,.a has _published ·a series of official
maps acknowledging that Pedra Branca (or ~lau Batu·Putih)
is. pa.rt of _Singapore. T~ese maps include Serles L 7010
Sheet 135 Edition 2-SDFM published by the surveyor ~eneral,
Federation of Malaya in 1962; Reprint of· Series L 7010 ·
Sheet l:l5 Edition 2-DNMM No. 36 published by the. Director
of N~tional Mapping, Malaysia in 1965; and Series L 7010
Sheet 3-J?PN11 publi"shed by the Director ·of National Mapping,
· Maiaysia in ··1974.
4 The Government of the Republic of. Singapore
reiterates that Ped:ra Branca is part of the territory of
Singapore. It has since the 1840s, by virtue of both its
acts and those of its ·predecessor·governments, occupied and
exercised sovereignty over Pedra Branca and the waters
around ·it. Since that time, no country has exercised or
ciaimed jurisdiction or· contested Singapore's sovereignty
over Pedra Branca for over 130 years.
5 The Government of the Repub_lic of Singapore
therefore. cannot accept the Ministry's contention that the
intrusions of Malaysian police boats into the territorial
waters surroun:ding Pedra Branca on those occasions- listed
in the High Commission 1 s Notes SHC 99/89 dated 16 June
1989, SHC 103/89 dated 22 June 1989 and SHC 109/89 dated 1
July l989'were a valid exercise of Malaysia's sovereignty.
6 Similarly, the Government of the Republic of
Singapore cannot accept the _Ministry•s·contention that the
acts of the Port of Singapore Authority in e~ecting_ a radar
on Pedra Branca as part of its Vessel ~raffic Information
System (VTIS) , the act of issuing a Port Circular by the
Port of Singapore Authority to advise vessels to keep clear
of· the .waters surrounding Pedra Branca and the acts of
Singapore authorities in prohibiting all fishing vessels
.from Singapore territorial waters around Pedra Branca we~e
violations· .of Malaysian sovereignty over Pedra Branca· and
its territorial waters.
, ..
7 The Hi!h Commission wishes to draw the attention of
the ,Ministry to the· fact that the Government of the
Republic of Singapore has taken all reasonable steps to
resolve the dispute in accordance with the close and warm
relations between Malaysia and Singapore. Consistent with
the understanding reached between the Prime Ministers of
Malaysia and Singapore. in December 1981, the High
commission requests a formal exchange of documents in
November 1989 to resolve the matter once and for all. If,
after an exchange of documents, the matter is not settled,
Singapore. w:ould agree with Malaysia to have this matter
jointly referred to the In~ernational Court of Justice,
whose decision will.be binding on both sides.
8 The High Commission of the Republic of Singapore
avails .itself of this .oppo_~unity to renew to the Ministry·
.of Foreign Affairs, Malaysia, the assurances of its highest
consideration.
11 September 1989
-Ministry of.Foreign Affairs
Wisma Putra
KUALA LUMPUR
I 11a1 1
Annex 167
Singapore's Note SBC 141/89 dated 11 Sep 1989
The High Commission of the Republic of Singapore
presents its compliments to the Ministry of Foreign
Affairs, Malaysia, and has the honour to refer to the
form.er' s Notes SHC 99/89 dated 16 June 1989, SHC 103/89
dated 22 June 1989 and· SHC 109/89 dated 1 July 1989,
expressing, inter alia, serious concern over the
activities of the Royal Malaysian Marine Police (RMMP)
boats which intruded into Singapore territorial waters
ar·ound Pedra Branca on 14, 17, 24, 25, 26, 27, ~8, 29; and
30 June 1989.
2 The ·High Commission regrets that . despite·. its
repeated request~ to .the Ministry to stop such intrusions·
-by RMMP boats 'into Singapore. territorial waters around
~:; .
Pedra. Branca, further. $.ntrusions inc:"onsistent with innocent
·or transit passage ·ha.Ve taken place~·:.
. . ; .. . ' . . . ' . ~
1 July·_ 19~9·, RMMP ··.boat PZ ·11. ·anchored
·. a-. 7 nautical mile from· Pedra l!'r~nca. . From
1215 hours· to 1750 hours on 1 July ~989 ,.·
RMM!J boat .PZ 11- anchored one nautical mile
from· Pedra Branca. · From 2055 hours on
. 1 July 1989 to 0900 hours on 2 July 1989 ,.
. .
. -... -.;.
i 1184 J
RMMP boat PZ 11 anchored one nautical mile
from Pedra Branca.
(b) At 1100 hours on 2 July 1989, RMMP boat
·"'"
PZ 3 anchored 0.75 nautical mile from
Pedra Branca. She was requested to leave
Singapore territorial waters but replied
that she was under orders to remain there.
At 1508 hours, RMMP boat PZ 3 weighed
anchor and patrolled the area around Pedra
Branca before proceeding off.. RMMP boat
PZ 3 returned and anchored about one
nautical mile off Pedra Branca at
2200 hours on 2 July 1989. before weighing
anchor at 113Q hours on 3 July 1989.
(c) At 2115 hours .on 3 July 1989, RMMP boat
PZ 3 anchored about one nautical mile off
(-d) ·.
Pedra Branca.
4 July 1989-. ..
She left at 1630 hours on
' .
At · 1630 hours on _4: July 1989,, RMMP boat·
PX 9 anchored one nautical mlle _ off- Pedra
· Branca. She left at 1640 hours on
6 July 1989.
e) At 1222 hours on. 6 July 1989 ;- RMMP boat
PSC 38 visiteq. RMMP boat PX 9 while the
(
''
latter was anchored one nautical mile from
Pedra Branca.
(f) From 1625 hours to 1640 hours on
6 July 1989, RMMP boat PZ 3 visited RMMP
boat PX 9 while the latter was anchored one
nautical mile·trom Pedra Branca.
(g) From 1130 hours to 1630 hours on
7 July 1989, RMMP boat PZ 3 anchored one
nautical mile off Pedra Branca.
(h) At 1433 hours on 9 July 1989, · RMMP boat
PZ 3 anchored o. 8 nauticai mile off Pedra
Br.anca. £he left at 1535 hours on
9 July 1989.
(i) At 1535 hours on 9 July 1989., RMMP boat
. PX 9 anchored O. 8 nautical mile off Pedra
Branca. $he left at ~845-bci~rs on.
tf July_ 1989.
loss-hours_ ott 1iJ~ly'19a9 -to anohor·
o. 7 nautiqal mile o-f-f Pedra Branca. She
le-ft·at 1110 hours-on 11 July 1989.
-.(j) Betwe·en 1700 hours -and 1715 hou_rs - on
12 July 1989, RMMP boat PX 9 made four
passes as close as o. ·25- nautical · mile·. from
Pedra Branca. one of the ·policemen on
board was observed taking photographs.
(k) At 1340 hours on 29 July 1989, RMMP boat
PSC 38 circled Pedra Branca at a distance
of o.s nautical mile, photographing the
island. She did not respond to an RSN
_... . ; ship's call to stop. She left at 1359
hours. On the same day, from 1340 to 1359
hours, P.MMP boat PZ 11 was. stationary at
o.s nautlcal mile off Pedra Branca.
3 The · High Commission reiterates that Singapore has
sovereignty over ·pedra Branca and. the waters ·?J.r_ound it.
The ·Sing8:pore G_overnment objects to .and -strongly regrets-
.· ...
these activities by the RMMP . boats ·-in ·its _,terri.tor.1.al. ·
waters. It notes that no further- activities :h~ve p~en
_reported· so far and a9'ain request~ the _ Malaysian .~ove.rmnent
-·to' ·ensure. that .such activities _do·. not re·cur.: .. .. '
_.· 4 The High Commission .. {,f ·_:,the \~Republ'i~ )ot·;~.i:~gap~;-~
;avails it~~lf of this" opportunfty -t'o renew·'.to '.t.he'':"_:_i.tinistry
of Foreign Affairs, Malaysia, the assur~nces· of its highest.
consideration.
11 September ,198·9
Ministry at Foreign Affairs
Wisma .Putra
-KUALA LUMPJIB
Annex 168
Singapore's Note SHC 143/89 dated 13 Sep 1989
SHC 143/89
The High Commission _of the Republic of Singapore
present$ it& compliments to the Ministry of For~ign
Affairs, Malaysia and has the honour to r•fer to its Note
SHC 139/89 and the co~ents by Ambaeu1ador Ynhya Baba to
.counsellor Ong Keng Yong on ll September 1989 regarding the
last sentence of para 7 in the Noto.
~he Hiqh Commission wishes tc clarify that
Singapore's view is that if tha ownership of .Pedra Branca
cannot be settled after an exchange of documents, both
Singapore and Malaysia should jointly refer the matter ·to
the Inte~national court of- Justice, whose decision will be
binding on both sidas.
The High Commisision of the Republic, of s ingap_ore_
-avails .itself of this opportunity to renew· to the -Ministry
-Qf Fox:-eign Affairs, Malaysia the assura.noes _of its hi9hest
c:ona-:lderation.
13 September 1989
Ministry of Foreign Affairs
Wisma Putra
· iYALA L'QMPUR'
Annex 169
Singapore's Note SHC 64/90 dated 8 June 1990
SHC 64/90
The High Commission of the Republic of Singapore
presents its compliments to the Ministry of Foreign
Affairs, Malaysia, and has the honour to refer to its Notes
sac 109/89 dated 1 July 1989, SHC 139/89 dated 11 September
1989 and SHC 143/89 dated 13 September 1989 which, inter
ali~, r_equested a formal exchange of documents on Pedra.
Branca.
The High commission ·has the honour also to refer to
the Meeting between the Foreign Ministers of Singapore and
Malaysia in Kuala Lumpur on 17 July i989, where His
Excellency Dato' Haji Abu Hassan bin Haji Omar had
indicated that both sides could meet after the CHOGM in
Kuala Lumpur to deal with the matter. Arising from this,
the High Commission had proposed to the Ministry (in
paragraph 7 of its Note SHC 139/89 d·ated 11 September 1989)
that the formal exchange of documents take plac·e in
November 1989 to resolve the matter once and for all on the
basis of the understanding reached between the Prime
Ministers of Singapore and ~alaysia in December 1981.
The High commission has the honour to request the
Ministry to suggest an early date for the formal exchange
of documents in Singapore.
The High Commission of the Repub~ic of Singapore
:avails itself of this opportunity to renew to the Ministry
of Foreign Affairs, Malaysia, the assur~nces of its highest
consideration.
8 June 1990
Ministry of Foreign Affairs
Wisma Putra
KUALA LUMPUR
! 11a9 !
Annex 170
Singapore's Note SHC 161/90 dated 22 Dec 1990
SKC-161/90
Tha High Commission of the Republic ot· Sinqapore
praaanta its compliments to the Min.istry ot Poraign
Affairs,- -Malaysi_a,_ and has the honour to refer to its Notee
SHC 109/89 dat.ad 1 July"· 1989, SHC 139/89 elated 1.l September
°19851, SHC· 14?/89. dated 13 Sep., tember ·1999 and SHC 64/90 .
d~t•d 8 June 1990 which,. inter_ alia, requeste<i a fon,.1.1
exchan9e cf docwnanta _on Pad~a Branca.
Tha High commission has the honour to ~eter-to the
Meeting in Sinqapora between Dato 1 Ahll\ad Xamil Jae.ten:,
secrotary-General ot the __ Ministry of Foraiqn Affairs,
. . .. Malaysia, and· Mr Peter Chan, Permanent SecJ:ete.ry of the
Ministry at roreiqn Aftair11; Singapore, -on 22 Auquct 199_0,
11nd Dato I xamil' s subsequent meeting with Minister tor
Foreign Affairs, Singapore, on 23 August 1990. on both·
oecasi~ns, Dato' Kamil had informed S;f.nggpore that·. the
Malaysian aide was in the proc••• ot !1na11sin9 its
prapara~ions for the formal exchange ot docwaenta on Pe~ra
Branca on the· 1'asia o! the understanding reaohed. between
the.Prim• Ministers at Singapore and Malaysia in ceeeml:;•r
1981.
As it ia now a01D.a time since Dato 1 _Kamil 'a visit to
Singapore in August 1990, th• Hi9h Commission_ would like to
11191 I
j 1192 I
2
enquire whan the tormal -exchange of docwn.ant.• could· t1ka
.place. 't'ha High commiss.ion would· appreciate it the
. .
Ministry would tix an early data tor the tormal exchange of
documents in Singapore.
Tho High eo-.iision ot tbe Republic ot .sin.;apor•
avails itself ot this.opportunity to renew to the Ministry
.of Poreiqn Affairs, ~alaysia, the aesuranoes of it• hi;heat
consideration._
22 December 1990
Minietry of Foreign Affairs
Wis=a PUtra ·
KQALA. LUMPUR
Annex 171
Singapore Note's SHC 104/91 dated 16 Sep 1991
• .
.
SHC 104/91.
The High Commission of the Republic of Singapore
presents its compliments to the Ministry of Foreign
Affai~s, Malaysia, and has the honour to refer to its Notes
SHC 109/89 dated 1 July 1989, SHC 139/89 dated 11 September
1989, SHC 143/89 dated 13 September 1989, SHc 64/90 dated
· 8 June 1990, and SHC 161/90 dated 22 December 1~90 which
inter alia, re:guested a -formal exchange of documents. on
Pedra Branca.
The High Co1tll'Oission would also like to draw. the
attention of the Ministry to recent statements made by ·
important Malaysian political leaders including the .Deputy
Minister of Foreign· Affairs of Malayi;;ia, YB Dato I Dr
Abdullah Fadzil Che Wan, and ~he Menteri Besar of the State
of Johor, YAB Tan Sri Muhyiddin yassin, as well as to a
' ..
r~,olution passed by the Jobor Baru UMNO Division
~elegates • meeting on ·13 sept8l!lber l.991, regarding
Malaysia •·s ·cla-iro to ownership of. Ped.ra Branca. The
Government of the Republic of Si~gapore rejects the
contention that Pedra Branca is part of the territory of
MaJ.ays1a. The· Government o_f the Republic of Singapore
~eiterates that Pedra Branca and the waters around it are
part of the territory of Singapore. It ·has since the
II
1840s, by virtue of both its· aots and those of its·
~ predeoessor governments, oceupied and exereised_soverei9nti
over l?edra Branca and the water$ around it. Since that
t.ime, no other country has exercised or claimed
jurisdi6tion or contested Sing~pore's sovereignty over
Pedra Branca for over 130 years.
However, in accordance with the understanding
reachad between the Prime Ministers of Singapore and
M~laysia in December 1981 that the matter should be
resolved _ through bn ex.change of documents to prove
ownership of .Pedra Branca, the Government of the Republic
of_ Singapore bas repeatedly requested the Government of
Malaysia to suggest an early date for the fortt\al exchange
of documents. In this context_, the High Commission would
like to draw the Ministry's attention to the High
Commission's last Note on this s~bject (SHC 161/90 datea·22
December 1990) which noted that Dato' Ahmad Kamil Jaafar,
se.cretary-Genera.l of the. Ministry of Foreign Affairs,
Malaysia, had informed Singapore· during his visit .in mitiAugust
1990, that the M. alaysian sid~·was in the-process of
finalising_ its preparations fo~ the formal ex~hange of
documents o~ Pedra Branca on the basis. of the understandin9
.- .
reached. between the Prime Ministers of Singapore and
Malaysia in 1981.
The High commission would also · like to draw the
attention of the Ministry to the recent statement-made ~ythe
Deputy Minister of Foreign Affairs of Malaysia, YB
Dato' Dr Abdullah Fadtil Che Wan, that Malaysia was ready
for talks with Singapore on this matter, that Malaysia was
ready_ to provide evidence of its claim to Pedra Branca and
that a third party should be ask_ed to help :resolve the
matter if Malaysia- and Singapore eould not resolve it
themselves. In the light of this statement and as it- is now
a year since Dato' Kamil's visit to Singapore, the HighCommission
would like to enquire when the form.al exchange
of documents could take place. Singapore would. like to
have the formal exchange of documents in Singapore, as soon
as possible.
If attar an exchange of documents, the matter. is
not settled, Singapore reiterates its proposal contained in
the High Cotnmission's Note {SHC 139/89) dated ii September
1989 that Malaysia 1 s challenge to Singapore·, s ownership of
Pedra Branca be adjudicated upon by the International Court
of Justice whose decision shall be binding on both sides.• ..
. . The· High conuo.ission of -the RepUblic of Singapore
avails itself ·of this-opportunity to renew.-ta the Ministry
of Foreign Affairs, Ma~aysia, the assurances of its
highest consideration.
· 16 SepteJDb$r l9P-1 ·.
Ministry of Foreign_ Affairs
Wisma PUtra
MalayeiA
Annex 172
··s 'pore: Island helipad for lighthouse maintenance" in
Business Times dated 12 Oct 1991
S' pore: Island. helipad for
lighthouse maintenance
Annex 173
"Singapore: Helipad is to help in safety at sea" in New Straits
Times dated 12 Oct 1991
Jl,"EW STRAITS 'NMES. SA 't'URDA Y. OCTOBER U. l~l ( t. 1)
Singapore: Helipad • 1S
to help in safety at sea
By.Saiful
Mahadhlr Nordin
-I
Annex 174
Singapore's Note MFA/Dl/858/91 dated 15 Nov 1991
MFA/01/858/91
The Ministry of Foreign Affairs of the Republic of
Singapore presents its compliments to the Malaysian High
commission and has the honour· to refer t.o the Note from
the Ministry of Foreign Affairs, Malaysia dated ll November
1991 regarding the construction of a helipad on Pedra
Branca.
The Government of the Republic of
categorically rejects the contention of the
Singapore
Malaysian
Government that Pedra Branca "has. always been a component
part of Malaysia" and that the construction of a helipad on
-the island "clearly violates Malaysia's sovereignty" over
Pedra Branca. This contention is not supportable in
international law. The Ministry of Foreign Affairs of the
Republic of Singapore notes that the Ministry of Foreign
Affairs of Malaysia's Note dated 11 November 1991 did nqt
adduce any evidence in support of the Malaysian claim.
The Government of the Republic . of Singapore
reiterates that Pedra Branca is part of the territory of
Singapore. It has since the 1840s, by virtue of both its
acts and those of its predecessor governments, occupied and
exercised sovereignty over Pedra Branca and the waters
around it. Since that time, no country has exercised or
11201 I
2
claimed j ur i sd i et ion or contested S in·g a pore ' s sovereignty
over Pedra Branca far over 130 years,
The helipad is being constructed on Singapore
terr i tq,ry. The Port of s ingapore Authority requires the
helipad for operational reasons to give safe year-round
access to Pedra Branca. Its construction must proceed as
scheduled.
In consideration of the close· and warm relations
between Malaysia and Singapore, the Singapore Government
has taken all reasonable steps to resolve Malaysia's
challenge of Singapore '·s ownership of Pedra Branca. In
accordance with the understanding ·reac.hed between th~ Prime
·Ministers of Singapore and Malaysia in December 1981 that
the matter should be resolved through an exchange of
documents to prove ownership of Pedra Branca, the
Government of the Republic of Singapore has repeatedly
requested the Government of Malaysia to $Uggest an early·
date for the formal exchange of documents.
The Ministry of Foreign Affairs would like to draw
the Malaysia High Commission•s ·attention to the Singapore
Government's Notes SHC 109/89 dated l July 1989, SHC 139/89
dated 11 September 1989, SHC 143/89 dated 11 September
1989, SHC 64/90 dated 8 June 1990, SHC 161/90 dated 22
December 1990 and SHC 104/91 dated 16 September 1991 which
-1-··
3
requested for an early exchange of documents to prove
ownership of Pedra Branca. The Ministry of Foreign Affairs
would also like to recall that at their recent meeting in
Harare, Zimbabwe, on 16 October 1991, the Prime Ministers
of Singapore and .. Malaysia reiterated the December 1981
understanding between the two countries that Malaysia I s
claim to ownership of Pedra Branca should be resolved
through an exchange of documents. The two Prime Ministers
further agreed that this exchange should take place as soon
as possible. This would also be consistent with Chapter IV
of the Treaty of Amity and Cooperation in Southeast Asia,
which provides for the pacific settlement of disputes. To
date, the Government of Malaysia has not suggested any date
for the exchange of documents.
The Ministry of Foreign Affairs would also like to
draw the attention of the Malaysia High Commission to the
Singapore Government 1 s proposal that if the matter cannot
be resolved through such an exchange of documents,
Malaysia 1 s challenge to Singapore's ownership· of Pedra
Branca can be adjudicated upon by the International Court
of Justice whose decision shall be binding on both sides.
The Ministry of Foreign Affairs of the Republic of
Singapore avails itself of this opportunity co renew to the
Malaysian High Commission the assurances of its highest
consideration.
[ 12031
I 12041
4
SINGAPORE
15 November 1991'
Malaysian High commission
Singapore ·
L_
Annex 175
Singapore's Note MFAJDl/859/91 dated 15 Nov 1991
-!-
MFA/Dl/859/91
The Ministry of Foreign Affairs of the ~epublic of
Singapore presents its compliments to the Malaysian High
Commission, and has the honour to refer to the Singapore
High Commission in Kuala Lumpur I s note SHC 9 7 / 91 dated
28 August 1991 wherein the Singapore .Government protested
the wrongful arrest of Singapore fishing vessel SMF 993 on
9 August 1·991 by Malaysian authorities in Singapore
territorial waters surrounding Pedra Branca. In that note,
the singapore··Government urged the Malaysian Government to
release the vessel SMF 993 unconditionally and to cease the
arrest of Singapore vessels fishing in Singapore
territorial waters.
The Minis-try of Foreign Affai:rs understands that
the crew of Singapore fishing vessel SMF 993 have been
charged for fishing illegally in Malaysian territorial
waters. The Ministry of Foreign Affairs reitera~es that·it
cannot accept the arrest of Singapore fishing vessels by
Malaysian authorities in Singapore territorial waters. The
Government o.f the Republic of Singapore therefore rejects
categorically the jurisdiction _of any Malaysian court to
try the crew of Singapore fishing -vessel SMF 993. The
Singapore Government urges the Malaysian Government to
withdraw the case against the crew of Singapore fishing
I 120& I
vessel SMF 993 and again urges.the unconditional release of
the crew, as well as the vessel itself~
The Singapore Government wishes to remind the
Malaysian Government that at the meeting between the Prime ..
Ministers of Singapore and Ma-laysia in Harare on .16
October 1991, the Prime Minister of Malaysia, Dato' Seri
Dr Mahathir Mohamad, had told the Prime Minister of
Singapore, Mr- Goh Chok Tong, th~t he would look into this
.matter· of the. ·arrests of Singapore fishing vessel$ by
Malaysian authorities in Singapore territorial waters
surrounding Pedra Branca.
"The Singapore Government ~ishes to point out that
·the· ·two countries should exchange documents without further
:delay to resolve Malaysia's claim to the ownership of Pedra
Branca. This .would be. consistent with· the understanding
reached· on this matter between the Prime Ministers of
Malaysia and Singapore in December 1981. It would also be·
consistent with Chapter IV of the Treaty of Amity and
Cooperation in Southeast Asia, which provides for the
pacific settlement of disputes.
The Singapore Government reiterates its proposal . . .
that if- Malaysia's claim to ownership of Pedra Branca
cannot be resolved through an. exchange of documents,
Singapore would agree · with t,Jalaysia to have this matter
. '
jointly referred to the International cou.rt of Justice,
whose decision shall be binding on both sides.
The Ministry of Foreign Affairs of the Republic of
·singapore avails itself of this opportunity to renew.to the
...
Malaysian High commission, the assurances_ of .its highest
consideration.
SINGA~ORE_
15 November 19.91
Malaysian High Commission
.Singapore
Annex 176
Singapore's Note SHC 134/91 dated 15 Nov 1991
SHC l:J4/91
The. . High Commission of the Republic of Singapore
presents its compliments to the Ministry of Foreign
Affairs, "1alaysia, and has the honour tc refer to the
latter's Note dated 11 Novelflber 1991 regarding the
const.ruction of a helipad on Pedra Branca.
The
·ea. tegoricall y
Government
rejects
of
the
the Repw:,lic
ci:,ntention of
of
the
Singapore
Malaysian
Government that Pedra Sranca "has always been a component
part -of_Malaysiaw and that the construction· of a helipad on
the island "clearly violates Malaysia's sovereignty" over
Pedra Branca.. This contention· is not suppor~able in
international law. The Hiqh Commission notes tha.t the
Ministry's No~e ~ated 11 ~ove~oer i99l did not adduce any
evidence in support of the Malaysian claim.
. The Government ot the Republic of Singapore ~ reiterates that Pedra Branca is part of the tarritcry of
Singapore. It has since the 1840s, by virtue of both its
acts and those of its predecessor governments, occu.pied and
exercised sovereignty over Pedra Branca and the waters
arou.nd it. Since that time, no country has exercised or
claimed jurisdictiaf?. Qr contested Singapore's sovereignty
over Pedra Branca for over 130 years.
The helipad is being constructed on Singapore
territo:ry. The Port of Singapore. Authority reauires the
hel ipad for aper&tional. r.eason~ to give safe year-rouncl
access to Pedra Branca. Its construction must proceed as
scheduled.
I 1209 [
11210 t
2
In consideration of the close and warm rala'tions
between Malaysia and Singapore, the Singapore GQvarnment
has taken all reasonable steps to resolve Malaysia's
challenge of Singapore's ownership of Pedra Branca. In
accordance with the understand.ing reached between the Prime
Ministers of Singapore and Malaysia in December 1981 that
the matter should be resolved through an exchange of
documents to prove ownership of Pedra Sranca, the
Government of the Repuclic of ~ingapore has repeatedly
re.quested. the Government of Malaysia to suggest an early
date· for the- formal exchange of documents.
The High Commission would like to draw the
Minist:ry 's attention tQ the Singapore Gove.rntnent I s Notes
SHC 109/89 dated l July 1989, SHC 139/69 dated ll September
1989, SHC 143/89 dated 11 September 1989, SHC 64/90 dated s
June 1990 1 SHC 161/90 dated 22 Decem.ber 1990 and SHC l04/91
dated i6 September 1991 which requested for an early
exchange of documents to prove ownership of Fedra Branca.
The High Commission would also.like to recall that at their
recent meeting in Harare•. , Zimbabwe, ·on 16 October 1991, the
Prime Ministers of Singapore and Malaysia reiterated the
December 1981 understanding between the two countries that·
Malaysia's cl.aim to o\.lnership of Pedra Branca should be
resolved through an exchange ot' documents. The two Prime
Ministers further agr·li!.ed. that this exchange should take
place as soon as possible. Th.is would also be consistent
with Chapter· I'V of the Treaty of Amity and cooperation in
Southaast Asia, which provides for the pacific settlement
of disputes. To date, the Government of Malay~ia has not
suggested any date for the exchange. of documents.
The High commission would also like to draw the
attention of the Ministry to the Singapore Government I s
3
proposal that if the matter cannot be resolved through such
an exchange of 4ocuments, Malaysia's challenge to
Singapore I s owner5,hip of P":!dra B't'anca can be adjudicated.
upon by the International court of Justice whose decision
shall be binding on ~oth sides.
The High commission of the Republic of Singapore
avails itself of this opportunity to renew to the Ministry
of Foreign Affairs, Malaysia, the assurances of its highest
consideration.
15 November 1991
Ministry of Fo't'eign Affairs_
Wisma Putra
Kuala Lumpur
I 1211 I
Annex 177
Singapore's Note SHC 135/91 dated 15 Nov 1991
SHC :jS/91
The H.igh Cornmiss ion of the Republic of Singapore
presents its compliments to the Minis~ry of foreign
Affairs I Malaysia, and has the hon_our co re!er to the
former' s note SHC 97/91 dated 28 August 1991 wherein the
Singapore Government ~rotested the wrongful arrest of
s ingapore fishing ~esse l SMF: _' 9~'3 · on 9 August 19 9.l by
Malaysian authorities in Sing~pore. terr.itorial waters
surrounding Pedra · Branca. I_n · . that·__ n·ote," t-h_e · s i ngapore
Government urged the ··Malaysian_- qovernrnent to release ·the
vessel SMF 9~j unc~nditionally··a~d ~~ 6eas- ihe arre~t ;f . . . ' ' .
Singapore ves~·els fishing in Singapore ·territorial waters,.·
The High -Commission Understands that ·the crew of -
' : . .
Singapore fishing: ve~sel SMF- '·_993-·_ h~-v~ bee:n ·: charged· for·
fishing ille.ga.lly in Ma;lays ian :t~:i:-ri t.orial wat~rs. The _Hig.h
Cornltlission reiterates that it· qanno1! · accept- the· arres.t of·
, . - ~ - - . . . ' . - ~ ~ . ' ...
Singapore -fishin~ vessels by ·Halaysi·an ~uthoritie~ · in
• _ • ' r _. : ~ • - • r " • "
Singapore ·territorial water~·.·.· · ~h~- _ Governin.en1=: of -_ the
Republic of Sin:ga·pore·-·;:therefor~ :_reje~ts q~~~9:~rS..c:;a.lly· the
j':1risdiction of any. Malaysian_- ·:court:: t.~ t:ty >th~ ?r~w ot_:
Sim;(apore fis~ing v·es~el SMF 9:9.3 ._ The: _Singat:?oi'e Gov_ernment. -
· urges the Mala!{S ian· Government.·· ~o· wi tharaw th:e _ case aga•inst
the crew of s ingapore · ·fishing ·. ves s e'.-l SMF :_ 9 9.3 and ag·a-in
urges the unconditional. release ·o.£ .the c~ew~ :~- aa well as the
vassel itself . · .
The Si_ngapor"e Governm.e"nt w.ish,es · to ~-"· remind.·.·· the
Malays-ian Gov.ernment that at the .. in~~:t~nq bet.we:en· ~the Prim~Ministers
of. Singapo.re' and .Malaysi~ ·. in.··. Ha~a~e ~n iG·
October 1991·r the . Prlm~ Minister.· ·of ·::M~lay"sla,~ Dato I Seri
.. ·- . = '. ' .
Or Mahathir Moha?O.ad,. ·had. to_~d ·the:· PriznEt' :~inistiei: : of
I 12141
Singapore, Mr Goh Chok Tonq, that he would Look into this
matter of the arrests of Singapore fishing vessels ~y
Malay~ian authorities .in Singapore territorial waters
surrounding Pedra Branca.
The Singapore Government wishas to point out that
the two countries should exchange documents without further
delay to rasolve Malaysia's claim to the ownership of Pedra
aranca. This would. be consistent with the understanding
reached on this matter between the Prime Ministers of
Malaysia and Singapore i? December 1981. It would also be
consistent with Chapter IV of the Treaty of Amity and
cooperation in Southeast Asia, wnich provides for the
pacific settlement of disputes.
Th.e Singapore Government reiterates its proposal
that if- Malaysia's claim to ownership of Pedra Branca
cannot be resolved through an exchange of documents,
Singapore wouid agree. with Malaysia to have this matter
joihtly referred to the International court of Justice,
' '•
· whose decision shall be binding on both sides.
The High Commission of the Republic of Singapore
avail$ itself of this opportunity to renew to th~ Ministry
at Foreign Affairs, Malaysia, the assurances of its highest
consideration.
15 November l99l
·Ministry of Foreign Affairs
Wisma Putra ·
Kuala Lymour
Annex 178
Singapore, Protected Places (No. 10) Order 1991
'2005
No. S 525
THE PROTECTED AREAS AND PROTECTED PLACES ACT .
. ( CHAPTER 256).
THE PROTECTED PLACES (NO. 10) ORDER 1991.
· In exercise o(_the powers· conferred by section 5 (1) of the
Protected Areas and Protected Places Act, the Minister for
Home Affairs hereby makes the following Order:
.1.. This Order may be cited as the Protected Places (No. 10)
Order 1991 and shall come into operation on 29th November
1991.
2. The premises described in the second column of the First
Schedule are hereby declared to be protected places for the
purposes of the Protected Areas and Protected Places Act, and
no such person shall be in those premises unless he is in
possession of a pass-card or permit issued by the authority
specified in the first column of the First Schedule or has received
the permission of an authorised officer on duty at the premises to
enter the premises.
S "525/91
3. The Protected Places (No. 2) Order 1989 is revoked. G.N. No.
First column.
The Authority.
The Secretary,
Port of
Singapore
Authority
FIRST SCHEDULE
Second column.
Protected Place.
1. PORT OF SINGAPORE.
. All that area occupied by "PORT OF
SINGAPORE" containing an area of approximately
.197.4 hectares and bounded by Telok
Blangah Road, Keppel Road, East Coast Parkway,
Shenton Way, Telok Ayer Basin, East
· , Lagoon, and Keppel ChanneL · · · ·
The boundary commences at the westernmost
comer of the aforesaid "PORT OF SINGAPORE"
which point's co-ordinates are North
27,288.8 metres and East 26,954.7 metres. The
point of commencement is 2,711.2 metres south
and 3,045.3 metres west of the Survey Depart-
S 45/89.
I 121s I
! 1216 I
S 525/91 2024
FIRST SCHEDULE - continued
First column. Second column.·
The Authority. Protected Place.
10. PORT OF SINGAPORE (HORSBURGH
LIGHTHOUSE).
The island occupied by .. PORT OF SINGAPORE
(HORSBURGH.LIGHTHOUSE)" containing
an area of approximately 8,650 square
metres. The eastern-most point is approximately
along· the bearing 73° 51' for 97 metres· from the
centre of the Lighthouse, Latitude 1° 19' 49"N
and Longitude 104° 24' 27"E approximately. The
boundaries are particularly delineated in Plan VII
set out in the Second Schedule. ·
SECOND SCHEDULE
PLAN I
PORT OF SINGAPORE
IT ANJONG PAGAR TERMINAL, KEPPEL TERMINAL, MARINA TERMINAL}
....... lt......_J
•
• I "Ii' I 1,. t • ~ .. LI .... •• •oo
PIIOTECT£0 PLACE
197.• HECT ARES
- -- .
I I •
I
• '""9-
FILE REF: MPPPOI.LS
S 5_25/9i
SU
2030
SECOND SCHEDULE - continued
PLAN .VI1
PORT OF SINGAPORE
(HORSBURGH LIGHTHOUSE)
F'AOTECTEO PLACE
t
. I-IORSBURGH LIGHTHOUSE
PROTECT£0 PL.C.CE
es .. o sa m
. rzi· T O 'II' E R
0 zo
I
SCA-LE
~o '° I I I
ao ...
I
Made this 23rd day of November 1991.
[LD/1.13/AT/Vol.?:; AQ/SμSliij9 Vol .. l] ·
... , .TAN._CHIN TIONG,
.. ferm~#eni .. Secretary, ·
· Minisiry_·qj.Home Affairs,
· · · · ' '.,: Si.hgapore. · ·
Annex 179
Singapore's Note SHC 18/92 dated 13 Mar 1992
SHC 18/92
The High Commission of the Republic of Singapore
presents its compliments to the Ministry of Foreign
Affairs, Malaysia, and has the ·honour to refer the latt~r
to the agreement reached· between the Prime Ministers of
Singapore and Malaysia in· December 1981 that the two
countries should exchange documents to resolve Malaysia-• s
ciaim to ownership of Pedra Branca.
The Prime Ministers of Singapore and Malaysia
reaffirmed this agreement during their bilateral meetin9s
in Harare, Zimbabwe on 16 October 1991 and_ in Singapore on
25 January. 1992. · The two Prime Ministers further agreed
that this exchange of documents should take place as soon
as possible.
At their meeting in Singapore on 25 January 1992,
the two Prime Ministers also agreed that their· two
Attorneys-General should effect the exchange o:r documents
and· determine the ownership of Pedra Branca based on legal.
principles. Pursuant . to this, the Attot-ney-General of
Singapore forwarded to the Attorney-General· of Malaysia on
17 February 19921 a Memorandum setting out the legal
1 The Memorandum from the Attorney-General -of
Singapore was dated 15 February 1992. The Memorandum was
handed over to the Attorney-General of Malaysia on 17
F~bruary 1992,
i 1219 I
j 12201
2
arguments and documents supporting Singapore's ownership of
Pedra Branca. The Attorney-General of Singapore requestea
from the Attorney-General of Malaysia a copy of all the
documents upon which Malaysia relies -on and proposed that
they meet in two weeks I time to settle the issue cif
ownership of Pedra Branca. To date, no documents have been
received' by Singapore.
Two weeks after· the Memorandum was handed over to
the -Attorney-General of Malaysia, the. Attorney-General of
Singapore called the former to ask about the progress of
the matter and when they could meet. The Attorney-General
of Malaysia replied that he had sent a copy of the
Memorandum to the Ministry _of Foreign Affairs of Malaysia.
He subsequently informed the Attorney-General of Singapore
that the Secretary-General of the Ministry of Foreign
Affairs of Malaysia had told him that. the Ministry of
Foreign Affairs of Malaysia would be replying officially to
Singapore.
In consideration .of the close and warm relations .
between Malaysia and· Singapore, the Singapore Government
has taken all reasonable steps to resolve Malaysia's
challenge of Singapore I s ownership of Pedra Branca. In
accordance with the understanding reached between the Prime
Ministers of Singapore and Malaysia, in December 1981, that
the matter should· be resolved throμgh an exchange of
3
documents, the Attorney-General of Singapore has forwarded
Singapore's set of documents to the Attorney-General of ..
Malaysia. The Government of Malaysia. is requested to
forward Malaysia• s set of documents . on Pedra Branca to
Singapore as soon as possible. The Singapore Government
proposes that the two· Attorneys-General meet to resolve·
the issue in April 1992.
As the Government of Malaysia is aware,. Malaysia's
claim to ownership of Pedra Branca has been left unresolved
for over ten years. Malaysia's claim to ownership of Pedra
Branca has been the subject of occasional public
controversy in the press and other media. It is in the
interest of both Malaysia ~nd Singapore that this issue be
resolved once and for all through an exchange -of documents
to prove 6wnership of the island~
The High Commission of the Republic of Singapore
avails itself of this opportunity to renew to the ~inistry
of Foreign Affairs, Malaysia, the assurances of its highest
consideration.
13 March 1992
Ministry of Foreign Affairs
Wisma Putra
Malaysia
112211
Annex 180
Singapore's Note MFA/Dl/169/92 dated 13 Mar 1992
MFA/Dl/169/92
The Ministry of Foreign Affairs of the Republic. of
Singapore presents its compliments to the Malaysian High
Commission and has the honour to refer the latter· to the
agreement reached between the Prime Ministers of Singapore
and Malaysia in December 1;9~1 that the two countries should
exchange documents to resolve Malaysia's claim to ownership
of Pedra Branca.
The Prime Ministers· of Singapore and Malaysia
reaffirmed this agreement during their bilateral meetings
in Harare, Zimbabwe on-16 October 1991 and in Singapore on
25 · January ·1992. The two Prime Ministers . further agreed
that this exchange of documents should take place as soon
as possible.
At their meeting in.sing~~Qre on 25 Janu~ry 1992,
..
the two Prime Ministers also agreed that their . two
Attorneys-General should effect the exchange.of documents
and -determine th_e. ownership of Pedra Branca based on legal
-pr~nciples. PUrsuant : to this, the Attorney-General of
Singapore forwarded' to the Att:orney-General of Malaysia on
17 February 19921 a Memorandum setting out the legal
l.The Memorandum from the Attorney-General of
Singapore was dated 15 February 1992. .The Memorandum was
handed over to the Attorney-General . of Malaysia on 17
February 1992.
! 12241
arguments and documents supporting Singapore's ownership of
Pedra Branca. The Attorney-General of Singapore ·requested
from the Attorney-General of Malaysia a copy of all the
documents upon which Mala-ysia relies on and proposed that
the they meet in two weeks' time to settle the issue of
ownership of Pedra Branca. To date, no documents have been
received by Singapore •
. Two weeks after the Memorandum was handed over to
, the Attorney-General of Malaysia, the Attorney""".General of
Singapore called the fona.er to ask about the progress of
the matter arid when they could meet. The Attorney-General·
of Malaysia replied that he had sent a copy of the
Memorandum to the Ministry o"t Foreign Affairs of Malaysia •
. He subsequently informed the Attorney-General of Singapore
that the secretary-General of the Ministry of Foreign
Affairs of Malaysia had told him that the. Ministry of
. Foreign Affairs of Ma~aysia would ~"' be,. .. replying officially to
Singapore.
In consideration of the clos.e and. warm · .. relations·
between ~aiaysia and S-ingapore, the Singapore Government
has taken all rea' sonable steps to resolve MQlay~ia•s
challenge of singapore1.s· owner6:hip_ of Pedra Branca. In
·-accordance with the unders~and,ing reache<;l between the Prime
Ministers·of Singapore and Malaysi~, in December 1981, that
the matter should be resolved· through an exchange of
documents, the Attorney-General of Singapore has forwarded
Singapore's set of documents to the Attorney-General of
Ma_laysia. The Government of Malaysia is requested to
forward Malaysia's set of documents on Pedra Branca to
Singapore as soon as possible. The Singapore Government
proposes that the two Attorneys-General meet to reso1v·e
the issue in April 1992.
As the Government of Malaysia is aware, Malaysia's
claim to owner·ship of Pedra Bran~a has been left unresolved
for over ten years. Malaysia's claim to o~ership of Pedra
Branca has been the subject of occasional public
controversy in the press .and. othe~ media. It is in the
interest of both Malaysia and Singapore that thi~ issue be
re·solved ··once and for all through an exchange of documents
to prove ownership of the island.
The Ministry of Foreign Aff-airs of the Republic of
Singapore avails itself of this opportunity to renew to the
Malaysian High Commission the as·surances of its highest
consideration.
SINGAPORE
13 March 1992
Malaysian High Commission
·singapore
! 122s I
Annex 181
Singapore's Note SHC 41/92 dated 15 May 1992
SHC 41/9:2
The High Cotlmission et the Republic of Singapore
presants its compliments to the Ministry er Foreign
Affairs, Malaysia and wi~b reterence to the latter's Note
E~ 16/92 dated 5 May 1992 has the honour to state the
following:
' '( l.) The Government Of the -Republic of. Singapore.
categorieall¥ · rejects the contention of the
Malaysian Government that Pedra Branca_ 11has, from
time immem~rial, be~n part of the territory of. the
state 6f Johore which is a componartt part of
M' ·'a lay_sia, and consequtantly the waters surrounding
.. ' - Pulau Batu Puteh form·part of Malaysian territorial
This contention is not supportable .in . ~- \; . - \,;.:..
international law. Tho High Commission notes that
' .
the Minis~ry•s_ Note ~c 16/92 date~ 5 ·May 19J2 ~id
not adduoe. any· evidenca in--support of tho Malaysian
claim.
·',
(2). KP Landok was found·. in S1n9~pore Territorial waters
around Pedra Brahca. on 21 April- 1992 at a,bout lllS
"hours moored to· a buoy at a distance of 500 metres
and 2:J5 degrees· south-w•st of ·Pedra eranoa. Again
on 22 April 1992, !<P Landok was found positioned
Within· one nautical mile of Pedra. Branoa within
Singapore Territorial Waters. KP ·Landok did not
seek the permission Qf the Singapore Government to
enter Singapore Territorial waters to
moor/position itself· on the occasions indicated.
They were therefore ~cts ot intrusions into
. . ~
Singapore Tarritoria.l Waters ~hich were evidently
inconsistent with innocent or transit passage. The
Singapore Government rejects the contention tha"t on
. . .
both these occasions l<:P La.n·dok ',,f&S in Malaysian
territorial waters.
(3) KP Lan~ok. was not in Malaysian fisheries waters. It
w,s in Singaporo Territorial Waters. Hence, no
qu~stion of its exercising Malaysia 1 s sove;-eignty
over its ·territorial waters in the enloreement of
Malaysia's Fisheries Lav ,r1saa.
' ':.;; -, \
(4) ·the · Governme~t of· sinqapot'e expresses· its deep
.rttgt"et that th.e Government of Malaysia. should
de.scrib• the lawful a~tions of the Republic ot .
Singapore ,N~vy (RSN) patrol o:aft as "provocative
.aots". RSN patrol craft had. in5!tr1.1cteg. KP Landok
··to leuve Singapore Tarrito·r1·a.1. Waters, ~s its
actions were inconsistent with innocent ·or transit
passage. The RSN patrol craft were rightfully
discharging their duties·and tunc:tions in Singapore·
Territorial Waters. Their actions the~efore do not
constitute "provocative acts".
( 5) The above incidents dernon·strate clearly t:.ha.t it. is
in t·he interest of both Malaysia -1nd Singapore·
that the claim to the ownership o! Pedra Branca be
resolved as soon as possible through an exchange of
d~cwnent~ to prove ownership of the island. In this
context, the Attorney-General of S·ingapore
forwarded to the Attorney-General of Malaysia on 17
February 19921 a Memoran4um setting o·ut th~ legal
argument~ and documents supporting singapore 1 s
. ownerJhip of Pedra Branca. The Attornay-Gener.al Of
$ingapore requested from the Attorney-General of
Malaysia a copy of all the legeil arguments and
documents upon which Malaysia relies on to pr.o.ve
· its cla~m to Pedra Sran9,.. Ho'«ever, to date; no
documents have been received by Singapore, Pending
the settlem·ent of the Malaysian claim· Qf owner~h_ip
of Pedra B·. ranc. a, the GoverMent . of sin.gap.ore · urges
.the Government ~f Malaysia to· .take. ~he -necessary
I measures t'o en5:ure that it; vessels refra.i.n from
actio·na that create problems for both sides.
1 <The· Memorandum from the Attorney..;,General of
.ingapore was dated 15 February 199_2. The Memorandum was
•nded over to the Attorney-General _of Malaysia on 17
ie1'nary 199 z , .
! 1229 J
·the High Commission of the Republic of Singapore
avails itsel! of-this opportunity to renew to the Ministry
of Foreign ~t!airs, Malaysia the assurances ot its highest
consideration.
15 May 1992
Ministry of Foreign Aftairs
Wisma Putra
«uaJ.a, r.um'Q\.l~
Annex 182
Singapore's Note MFA/Dl/422/92 dated 8 June 1992
MFA/Dl/422/92
.The ~inistry -of Foreign-Affairs of the_~epublic of
sing_apore · ·presents its compliments to the High commission.
of Malays'ia and has· the _honour to .refer to the arrests of
two Singapore regis_tered fishing vessels SMF 794 and-· SMF
1028 by Malaysian a·uthorities on 28 May· 1992.
·The Ministry protests the arrests of Singapore
fishing vessels by Malaysian authorities while in their
traditional fishing grounds. The Minfstry has the honour
to request the High Commission to advise the relevant
Malaysian authorities to refrain from taking any action
against Singapore-registered f~shing vessels in their
traditional fishing- grounds and to immediately and
unconditionally release SMF 794 and SMF 1028.
The Ministry would like to draw the attention of
the High commission to the fact that Singapore Marine
Police and Navy patrols have often found Malaysian vessels
in Singapore territorial waters fishing in what they claim
to be traditional fishing grounds. Singapore has not
arrested these boats but where possible has allowed them to
11231 I
2
continue fishing. -Where this was not possible for s~curity
or other reasons, Singapore authorities haye asked them to
leave instead of arresting 'then/. Unless these courtesies
and acts of good neighbourli.ness are rec.iprocated, it may ·
-not be possible to treat Malaysian fishing-vessels found in
si~gapore territorial waters so leniently in the.future.
sworn state~ents by the masters of the f:Lshing
vessels s~F 794 and SMF 1028 reveal that violence and
intimidation was us_ed. They were physically slapped and
coerced by the firing of gunshots. In the case of SMF
1028, it.was first stopped by the Malaysian Marine Police
in waters where Malaysia has no jurisdiction. Physical
violence and the firirig of gunshots were used to coerce
.the mast.er into sailing .his boat into Malaysian waters
where he was t~en.illegally arrested.
This is not the first time that Malaysian
authorities have exceeded their jurisdiction. The Ministry
reminds the Malaysian High commission of its ~PN SHC 86/90
of 17 July 1990 where Singapore· rejected the illegal arrest·
of two fishing vessels by the Malaysian authorities in·
Indonesian waters.
3
The' use of physical violence against Singapore
fishermen by Malaysian Marine Police officers is
U:nacceptabl.e conduct by any standard of behaviour~ The
discharge of gunshots by Malaysian Marine Police officers
to intimidate the Singapore .fishermen is a reckless and
. wanton act that could have had·tragic consequences.
Singapore strongly protests such unacceptable
conduct and calls upon the Malaysian authorities to swiftly
bring the perpetrators to justice. In this regard the
Ministry welcomes press reports .quoting Malaysian
authorities as saying that the incident would be
investigated and the culprits punished. The Ministry
requests. the High commission to urge the relevant
authorities to · quickly complete their investigations and
make the results public.
The Ministry requests that the attached sworn
statements by the Masters of SMF 794 and SMF 1028 be
expeditiously forwarded to the relevant authorities as they
are of obvious importance to the investigation. The
Ministry would be pleased to assist in obtaining any
further evidence that the Malaysian authorities may require
to facilitate their investigations.
j 12341
L
4
The Ministry of For~ign Affairs of the Repubiic of
Singapore av·ails itself of this opportunity to renew to the
High Commission of Malaysia the assurances of its highest
cons idera.tion.
SINGAPO~
8 June 1992.
Malaysian High commission
Singapore -
Annex 183
Singapore's Note SHC 75/92 dated 17 Aug 1992
SHC 75/92
presents
Affairs,
The High commission of the Republic of Singapore
its. complifflents to the Ministry of Foreign
Malaysia and ha$ the honour to reject the
Government of Malaysia's position regarding the intrusions
into Singapore territorial waters ai:oun~ Pedra Branca - by
~laysian Government vessels KP Landok on 21 and 22 April
1992, PZ4 on 14, 23r 2_4, 26, 27 and 28 May 1992, -PA53 on 8
and 22 June 1992 and PZll on 11 July 1992, as contained in
the Ministry's Notes No •. · EC36/92, EC37/92 and EC '.38/92
dated 5 August 1992.
The abovementioned vessels had not obtained the
permissicn of the Singapore authorities to enter and/or
remain in Singapore territorial ~aters around Pedra Branca.
The activities of these -vessels in the said wate:rs were
therefore unauthorised and illegal and hence inconsistent
with innocent or transit passage.
The High Commission reiterates the Government: of
Singapore I s strong protests at the illegal intru~ior:s of
these vessels, which were conveyed repeatedly through
several Notes from the High Commission and the Ministry of
Foreign Affairs of Singapore (see Annex).
J 123s I
112361
2
The Government of tha Republic of Singapore wishes
to point out that it is not asserting a claim . on Padra
Branca. It is exercising its right of ownership over Pe~ra
Branca and the waters surrounding it. Pedra Branca belongs
to Singapore. The waters around Pedra Branca are therefore
Singapore territorial 'tiaters. They are not .Malaysian
territorial waters. Acticins by Singapore authorities on
Pedra Branea and the territorial waters around it do not
represent attempts to alter the ground situation. There is
no nead for Singapore to do this as Pedra Branca is part of
the territory of Singapore.
virtue of both its acts
I'.t has since the 18 4 os, by
and those of its predecessor
governments, occupied and exercised sovereignty over Padra
Branca and the wa·ters around it. Since that time, no
country has exercised or claimed jurisdiction or contested
Singapore's sovereignty ove:r Fedra Branca. over 130 years.
The Government of the Republic of Singapore
therafore categorically· rejects· the contention of the
Malaysian Government that the · former had on several
occasions directed· its .vessels to enter Malaysian
territorial waters around Pedra Branca causing hinderance
to r:talaysian Government vessels from carrying out their
duties. Singapore Government vessels will contin"'e to
enforce singapore 1 s sovereignty over Singapore territorial
waters around Pedra Branca.
3
The Government of the Republic of Singapore wishes
to maintain the cordial relations between the two
countries. Intrusions by Malaysian Government vessels into
Singapore territorial waters around Pedra Branca would only
result in untoward in·cidents and adversely affect bilateral
relations between Malaysia and Singapore, without advancing
Malaysia Is claini to Pedra Branca in any war. In this
regard the Government of the Republic of Singapore urges
the Malaysian Government to stop·its vessels from illegal
intrusions into Singapore territorial waters around Pedra
Branca while the Malaysian claim is being studied and
settled according to legal principles as agreed to by the
Prime Minister of Malaysia.
The High Commission of the R~public of Singapore
avails itself of this opportun~~y to renew to the Ministry
of Foreign Affairs, Malay~ia the assurances of its highest
consideration.
17 August 1992
Ministry of Foreign Affairs
Wisma Putra KU™ LUMPUR
[ 12371
4
Annex
Third Person Notes Relating to incidents of Previous·
Intrusions by Malaysia Government Vessels KP La.ndok .. pz4·,
PA53 and PZll into Singapore Territo£ial waters
l MFA/DI/281/92 dated 22 April l992 from the Ministry
of Foreign Affairs of the. Republic of Singapore to
th• Malaysia High Commission
2 SHC 35/92 dated 23 April 1992 from the High
· Commission of the Republic of Singapore to the
Ministry of Foreign 'Affairs, Malaysia
3 SHC 41/92 dated 15 May 1992 from the High
commission of the R!!public of : Singapore to the
Ministry of Foreign Affairs, Malaysia ·
4 SHC 43/92 dated 25 May· 1992 from the High
commission of the Republic of Singapore· to the
Ministry of Foreign Affairs, Malaysia
5 SHC 46/92 dated 1 June 1992 from the High
commission of the Republic of Singapore. to the
Ministry of Foreign Affairs, Malaysia
6· SflC 4 7 / 9 2 dated l June 1992 from the High
Commission of the Republic of Singapore to the
Ministry of Foreign Affairs, Malaysia
7 MFA/DI/396/92 dated 1 June 1992 from the Ministry
of Foreign Affairs of the Republic of Singapore to
the Malaysia High Commission
8 MFA/DI/391 /92 dated 1 June 1992 from the Ministry
of Foreign Affairs of the Republic of Singapore to
the Malaysia High Commission
9 MFA/OI/424/92 dated a June 1992 from the Ministry -
of Foreign Affairs of the· Republic of Singapore to
the Malaysia High Commission
10 MFA/DI/4 72/92 dated 22 June 1992 fro1n the Ministry
of Foreign Affairs ·of the Republi~ of Singapore to
the Malaysia High Commission
11 MFA/DI/473/92 dated 22 June 1992 from the Ministry
of Foreign Affairs of the Republic of Singapore to
the Malaysia High com~ission
5
12 MFA/DI/474/92 dated 23 June 1992 from the Ministry
of Foreign Affairs of the Republic of Singapore to
the Malaysia High Commission
13· MFA/DI/490/92 dated 26 June 1992 from the Ministry
of Foreign Affairs of the Republic of Singapore to
the Malaysia High commission
14 MFA/DI/565/92 ·dated 21 .July 1992 from the Ministry
of Foreign Affairs of the Rapublic of Singapore to
the Malaysia High Commission
. . . . .
Annex 184
Investigation Report on Grounding of MV Martha II
on 1 7 September 1992
CA 213
INVESTIGATIONS INTO THE GROUNDING
OF MV MARTHA II ON 17 SEP 92
OFF HORSBURGH LIGHTHOUSE
I 1242 I
CA 213
INVESTIGATIONS INTO THE GROUNDING OF NORWEGIAN MOTOR
VESSEL "MARTHA Iln OFF HORSBURGH LIGHTHOUSE ON 17 SEP 92
CONTENTS
A)REPORT
Page No
1. Synopsis 1
2. Summary of events 1
3. Observations 3
4. Conclusions 7
5. Recommendations 7
Annex A
Annex B
Annex C
Annex D
Annex E
Annex F
Annex G
Annex H
B) LIST OF ANNEXES
Particulars of the ship.
Statements from the crew of mv Martha II.
Copy of the chart showing the positions of the vessel.
Extracts from 1992 Singapore Tide Tables and Pilot
Information.
Abstract from the vessel's deck log book.
Findings of the Consular Court of Inquiry conducted by the
Royal Norwegian Embassy, Singapore.
Copy of the grounding damage survey report by the American
Bureau of Shipping.
Copy of the report to West of England Protection and
Indemnity (P & I) Club by the local correspondent Mss Drew
and Napier.
*********
A)REPORT
1 SYNOPSIS
1.1 Norwegian motor vessel (mv) Martμa II grounded in position 01 °
17.7'N 104° 23.?'E about 2 miles south off Horsburgh lighthouse at about 1842
hours on 17 Sep 92. The vessel moved away from the grounded position under her
own power and returned to Singapore. The vessel sustained heavy damages to her
hull. She was subsequently dry docked and repaired in Singapore.
1.2 There was no loss of life nor injury to any persons due to the
incident. There was some oil pollution in the vicinity due to leakage of fuel oil
from the vessel's tanks.
1.3 The report is based on statements from the crew (given to the Royal
Norwegian Embassy), copies of chart, log books and documents related to the
incident.
2. SUI\1MARY OF EVENTS
2.1 Mv Martha II arrived at Singapore on 16 Sep 92 from Haifa, Israel
en route to Fremantle, Australia. The vessel loaded and discharged some
containers at Singapore.
2.2 On 17 Sep 92 at 1606 hours, the vessel sailed from Singapore. At
1636 hours, the pilot disembarked at the western boarding ground. The master
took over the conning of the vessel and a little later the vessel proceeded through
the east bound lane of the traffic separation scheme (TSS). At 1642 hours, the
master gave full away.
2.3 A little later, the master handed over the watch to the chief mate,
who was the officer on watch. Between 1700 to 1800 hours, the master came up
on the bridge a few times to check the vessel's progress.
2
2.4 At 1800 hours, the chief officer was relieved by the third officer for
dinner. At 1805 hours, the master came up on the bridge. He checked the
vessel's position, then decided to change the vessel's route and proceed through the
South Channel between the Southern Ledge and the Carter Shoal (see Annex C).
The master plotted the new track on the chart. At 1810 hours, the master altered
course to 082° T & G and plotted the vessel's position. He then instructed the
third officer to keep the vessel on the new course line. A little later the master
left the bridge.
2.5 At 1815 hours, the third officer plotted the vessel's position and
noticed that the vessel had drifted to the port (north) of the course line. He
adjusted course to 083 ° T & G. At 1830 hours, the third officer plotted the
vessel's position again. He noted that the vessel had drifted further to the port
(north) of the course line. He adjusted the course to steer 085°. At about this
time he could see the rocks of the Southern ledge about 11h points on the port bow.
He kept a close visual watch on the Southern ledge rocks.
2.6 At about 1838 hours, the second officer came on the bridge for some
personal errand. He glanced outside and noticed two objects on the port bow which
looked like rocks. When the third mate told him that the objects were rocks, he
advised the third mate that the vessel appeared to pass very close to the rocks and
told him to give more berth. The third mate immediately put the wheel on hand
steering and gave a starboard helm. The vessel turned to starboard. At 1842
hours, while the vessel was abeam of the rocks, she ran aground on the shoal off
the South Ledge rocks. The vessel listed to starboard then rolled heavily to port.
The master and the chief officer immediately rushed to the bridge. The master
ordered hard a starboard and stopped engines. A little later the vessel drifted
away from the grounded position. The master instructed the crew to check the
soundings of all compartment and check the vessel for damages. At about 1920
hours. the master noticed some fuel oil in the water. He called PSA Port
Operations, and informed them about the accident. He informed them that he
would return to Singapore as he suspected damage to the vessel. Port Operations
advised the master that the vessel was not allowed to enter Singapore until her
leaks were plugged and a survey has been conducted.
3
2.7 The master then made telephone calls to the vessel's local agent and
the owner's representative (Capt Hinrichs, the deputy-general manager of ABC
Containers), who was in Singapore and briefed them on the vessel's condition.
During the time the vessel was steaming at reduced speed along the west bound
lane of the TSS. At 0100 hours on 18 Sep 92, the owner's representative informed
the master to anchor the vessel about 2.5 miles south east of the eastern pilot
boarding ground and that a tug was arranged to rig oil booms around the vessel's
hull.
2.8 Between 0100 to 0800 hours, the vessel proceeded along the TSS so
as to arrive off Singapore in the morning. At 0848 hours, the vessel anchored
south east of the eastern pilot boarding ground in position 01 ° l 1.2'N 103 °56.2'E.
At 0903 hours, Tug "Salvirile" came alongside and deployed 300 feet of oil booms
around the damaged areas. From 1300 to 1440 hours, the divers made an
underwater inspection of the hull.
2.9 At 1450 hours, the vessel weighed her anchor and proceeded to west.
At 1808 hours, she anchored in position 01 ° 09'N 103° 34.6'E. During the night,
the tugs attempted to rig oil booms around the vessel but were unable to do so due
to strong winds and heavy weather. On 19 Sep 93 at 0740 hours, Tug "Salvenus"
rigged about 1100 feet of oil booms around the vessel. At 1200 hours, further
underwater inspection and temporary repairs were carried out under the supervision
of the owner's representative. The repairs and inspection were completed at 1700
hours.
2.10 The vessel cleaned her damaged fuel oil tanks. Subsequently she
went alongside to discharge all her cargo. Then she was drydocked in Singapore.
In the dry docks, extensive repairs to the vessel's double bottom plates were done.
3. OBSERVATIONS
The vessel was registered under the Norwegian International Register.
The particulars of the vessel are in Annex 1. The vessel's certificates were current
at the time of the incident. There were no reports of any malfunctioning of her
j 124s I
machinery, steering gear or navigational equipment before the incident. The
accident was not due to any machinery or equipment failure.
3.2 The vessel was under the command of Mr Van Houke Alain, a
Belgian national. He holds a Belgian master's certificate. He has been on board
the vessel for about 4 months.
4
3.3 · The vessel's other officers and ratings were Filipinos. The officer on
watch was Mr Danile S Sevilla, holder of a Filipino third mate's certificate. This
was his first vessel as a third mate. The third officer, other deck and engineer
officers and most of the ratings had joined the vessel at Singapore on 16 Sep 92.
3 .4 The weather between 1700 to 1900 hours on 17 Sep 92 was calm with
slight winds, clear sky and good visibility. The traffic in the area was light.
3.5 The radar system of the vessel traffic information service (VTIS) at
the Horsburgh lighthouse was defective at the material time. Therefore VTIS
operators had not plotted the positions of the vessel, hence could not warn the
vessel before she grounded.
3 .6 The planned track of the vessel was to pass through the north-east
bound lane of the -TSS off the Horsburgh lighthouse. However, at about 1810
hours, the master made a sudden decision to proceed through the South Channel
between the Carter Shoal (a pinnacle rock with depth of 3 m) and the Southern
Ledge (a rocky shoal with two rocks visible at a height of 2.4 m above water and
sunken rocks with depth of 5.5m extending 0.3 mile from the rocks). The vessel
had to pass in between these two shoals at a distance of 0.7 miles from each shoal.
According to the master, who had been through the South Channel a few years
ago, he decided to proceed through the South Channel to avoid piracy attacks. The
Admiralty Sailing Directions states that "South Channel is not recommend for
vessels of deep draught as there is no advantage in using it, and the sea bottom is
generally rocky and uneven, and is encumbered with shoals." As the vessel's draft
was about 9. 7 metres, one could argue that she was not a deep draft vessel and the
above recommendation did not apply to her. The South Channel is not a regular
shipping channel and many fishing vessels are encountered in the area. Besides,
the distance saved by using the channel is minimal (about 10 miles in a voyage of
2400 miles to Fremantle) therefore, it would be better to use the north·east bound
lane of the TSS. In my opinion, the master had apparently not consulted the
Sailing Directions (or other publications) before proceeding through the South
Channel.
5
3 .7 According to the Singapore Tide Tables (see Annex D), the predicted
rate of current near Horsburgh lighthouse between 1800 to 1900 hours on 17 Sep
92 was 2.5 knots setting northeasterly. (These predictions are also given in the
Admiralty Tide Tables.) The current would have pushed the vessel north towards
the Southern Ledge. To compensate for the current, the vessel would be required
to give a set of 10° to starboard at 1815 hours to remain on her intended track.
The 2° and later 3° set given by the third officer was inadequate.
3. 8 Once the master decided to proceed along the South Channel, he
should have remained on the bridge (for about 20 minutes more) to monitor the
vessel's progress to ensure that the vessel maintained her course until she was clear
of the shoals. The master left the bridge soon after altering course, to attend to
routine work. Before the master left the bridge, he told the third officer "to keep
the vessel on the course line". This instruction was ambiguous. He did not give
him any specific instructions. He did not warn him that the vessel could
experience cross current, nor the action to take if he experienced difficulty in
maintaining the course. He also did not emphasise that the vessel's positions
should be monitored continuously (or plotted more frequently). The third officer
plotted the position every 15 minutes and when he found that the vessel had drifted
to north he was not sure what action to take. This indicates that the third officer
was not competent nor confident to handle the situation. Normally, masters remain
on bridge (especially during the junior officers' watches) while passing through
narrow straits, areas with strong current or places where the traffic density is high.
Masters instruct the duty officers (in their standing orders) to summon them, if
they are required to change the course more than 3 ° from plotted course or if they
are in any doubt. This is to ensure that correct actions are being taken. It is
apparent that the third officer was hesitant to call the master although he was in
doubt. This is probably due to difficulty in communication between these two
officers of different nationality. The third officer had joined the vessel a few hours
I 12471
j 124& !
6
earlier and had not been properly briefed by the master.
3.9 The master claimed that, before the voyage he had very little sleep
(51/2 hours in the preceding 60 hours). He was continuously on the bridge while
the vessel was proceeding along the Malacca Strait (to keep anti-piracy radar watch
and to monitor the vessels progress) en route to Singapore. The vessel was berthed
at Singapore for about 24 hours. However, at Singapore, the master had to be
awake to meet the stevedores, agents and the company's representative, also attend
to cargo operations and to other matters eg changing of crew. As the entire crew
(except the master) was being replaced, the master was the only person on board
familiar with the vessel. Therefore he had to attend to trifle matters which are
normally handled by other officers and ratings. This would have indeed put a lot
of pressure and the master may not have had sufficient un-interrupted sleep.
However, this was not the direct cause of the accident. If the master was very
tired, he should have proceeded along the standard routes (which would be familiar
to most officers) and had been previously plotted (after consulting appropriate
publications) and should not have proceeded through unfamiliar channels to cut
corners.
3 .10 The vessel's radars were on and working properly. The Horsburgh
lighthouse and its racon were visible on the radar screen. The third officer did not
use parallel indexing technique with Horsburgh lighthouse. Had he done so, he
would have been aware of the effect of the tide and could have taken appropriate
set to counteract the current.
3.11 The Royal Norwegian Embassy had convened a Consular Court of
Inquiry. According to the Norwegian authorities, the accident was due to an error
in navigation. They are of the opinion that the master should have remained on the
bridge until the vessel had passed clear of the shoals. Mrs Anne Rikter-Svendsen,
who was the chairperson of the inquiry, told me that they have counselled the
master for his shortcomings and the owners for replacing most of the deck and
engineer officers and for not making proper arrangements for the crew to have
sufficient rest before commencing the voyage. The Norwegian authorities have not
taken any (punitive) acHon against the ship's crew or her owners. A copy of their
report is in Annex F.
4 CONCLUSIONS
The main cause of the accident was that the vessel had drifted cJoser
to the shoal due to the effect of tide and grounded on the submerged rocks off the
Southern Ledge. The third officer had not monitored the vessel's position and
taken appropriate action to pass at a safe distance from the shoal. Other
contributory factors were:
(a) the master had changed his voyage plans without consulting
appropriate nautical publications;
(b) the master had left the bridge at a critical time without properly
handing over the watch and briefing the third mate; and
7
(c) the master and other officers did not have sufficient rest before the
voyage commenced. This would have affected their level of alertness
and vigilance while keeping bridge watch.
5 REC0l\1J\.1ENDATI0NS
5 .1 I do not recommend any further investigations as it may not throw
further light on the incident.
5.2 This incident illustrates the importance of planning a coastal passage,
monitoring of positions and proper handing over of bridge watch. I recommend
that we issue a circular to. remind masters and officers of the above.
5 .3 I do not recommend any actions against the crew of the vessel, as
they are foreign nationals holding foreign certificates and have been counselled by
the Norwegian authorities.
(l "): I
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Inv)/ martba. 213
I 12491
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SEA LANES N.V.
MN ?,tartha II
ANNEXE
PORT: At Sea
DATE: 17.09.1992
-ABSTRACT OF DECK / ;llNeiik LOGBOOK
Name of vessel
Call Sign
Official Number
Port of Registry
Owners
I-Iartba II
UJ...1l 4
Bergen Norwa.y
Combo Carriers SA Luxembourg
Voyage Nr. 6/ 296 A : From Singapore To Fremantle
Ballast/load en
!State cargo)
Draught
Master
: containers 16971 M'r.
:tvds 7,65m art: 9,7Dm
Alain Van Roucke
Logbook No.: 3 Page No.: 86 Oate: 17 September 1992
1842LT: collision vith South Ledge Rocks in--position 01. 1'7. 71:for+b and.
104.23.7 East.Vessel heavily listing a+. +.he contact with the rocks.Fuel
leaks observed in b!'o tks 5,6 and 8 portside and ai'o tk 7 Por~side(all
i 12s1 I
por+.side tanks) ·
VTIS Si..~pore advised on VEF channel 10 and Belsin agency/Captain R.Rinric:O.S,
Dep.Gen.!,'.anager ABC ,advised by V2F via Singapore radio.
Altering coUise +o proceed back to Singapore as fuel oil leaks seems limited,
while awai.+:ing for instruct.ions from VTI5.
Chief Officer and Chief Engineer to take sound.in8S, and check levels in all
tanks and holds .~ryina" to find a way +.o stop +-he release of fuel oil but.
without. success.
Chief Eng./ Chief Olfc.
Ch.Ot'f',
Kudelski R.
/!MJJ.tt/1
Master
Annex 185
Winstedt R.O., A History of Johore (1992 reprint), p. 102
M.B.R.A.S. REPRINTS
REPRINT No. 6
Second Reprint
A HISTORY OF JOHORE (1365-1941)
by
R.O. WINSTEDT
previously published
as Volume X Part III
of the Journal of the Malayan Branch
of the Royal Asiatic Society
in December 1932
and September 1979
with a final chapter
by
Professor Dato Khoo Kay Kim
HIKAYAT NEGERI JOHOR
A Nineteenth Century Bugis History
relating events in Riau & Selangor
Edited for the M.B.R.A.S.
by
Professor Dato' Ismail Hussein
National University of Malaysia
(i)
[ 12531
! 1254 I
© MBRAS 1992
The Council of the Malaysian Branch
of the Royal Asiatic Society
gratefully acknowledges
a substantial contribution from the KUOK FOUNDATION
towards the cost of this Reprint.
Edited for the Council of the Society
by Tan Sri Dato Dr. Mubin Sheppard
Attorney-Gene1"al's Chamber,.s
Librarv ·
ISBN 983-99614-6-2 ISSN 0126-7353 ,,,
A history of J ohore/
R. 0. Winstedt
MBRAS Reprint No. 6
21 JUN J996
K z £. t
w .z /\I
Printed for
The Malaysian Branch of the Royal Asiatic Society
by
Academe Art & Printing Services Sdn. Bhd.
Lot 14082, Jalan Kuchai Lama, 58200 Kuala Lumpur
Published in Ma.y 1992
(ii)
l __ 102
The funeral service of the Sultan was read by a Muslim Tamil. Tengku
'Abdu'l-J alil and the Temenggong of Johor arrived later and wanted to
take the body to Riau. Two years later the Tamil, 'Abdu'l-Kadir, died
also.
What all this time was the condition of the ancient kingdom of
Johar, so famous in story, so neglected in fact. Begbie, whose book
was· published in 1834, gives the population of· places withill' the
modem State as follows: Johar 1,000 persons, Pulau Tinggi 225
persons under a Batin and Sungai Papan 775 under a Batin, Segamat
400 houses. Newbold, whose book was published five years later, gives
a larger population, namely, at Johar Lama about 300 houses·, at Sedili
about 70 houses, in the Padang distric~ between Parit Si put and Pinang
Sa-ribu about 200 people, at Segarnat 2,400 people; besides these
places there was "Polais" near Pontian, under Raja Semat, with about
100 houses, Pontian and Benut small viJlages under Penghulus, the
district of Batu Pahat which ran from Pinang Sa-ribu to the Batu Pahat
river and the large district of Muar with its yillages Bokko (? Bekok),
Langkat, Grisek, Ring, Pagoh and (the estimated Johor's total
population (exclusive of the islands) at 25,000.but. all the figures are
probably guess-work. At this time and down to the time of
Temenggong Abu-Bakar Sedili Besar was the boundary with Pahang
as it had been in the days of the Malacca Sultanate.
The Temenggong of Muar - and Segamat - had under him
eight Penghulus, - four up-river, the Penghulu Besar, Penghulu
Tanjong, Penghulu Dagang and Penghulu Mungkal (the last two,
Minangkabau styles) and four downstream, namely at Grisek, Bukit
Raya, Liang Batu and Ring. He sent annually to Sultan Husain the
duty of $1 levied on each house of the Padang settlers and 200 bags
(kampit) ·of rice. He was also empowered by Sultan Hussain to levy
duties on imports; $20 on each kati of opium~ $2 on every koyan of rice,
$1 on every koyan of salt; and also duties on certain exports, $1 on
every bhar of ebony, $1 ~ on every bhar of tin. Padang and J ohor Lama
were under Orang Kayas. The immediate sway of the Temenggong of
Johor ran from Pontian round Cape Rumenia to Sedili Besar. But
Engku Konik, Temenggong of Muar from 1801 till 1830, was
appointed by 'Abdu'r-Rahman, Temenggong of Johor and Singapore.
The government of Johar was vague and vacillating. When Engku
Konik died, Segamat broke away from Muar. Sultan Husain was
nominal suzerain over the whole but exercised only one prerogative,
that of trying to exact- money for his privy purse. As a Malay MS
observes, the sole relics of a former kingdom were the dilapidated
Annex 186
Singapore's Note MFA/Dl/0080/93 dated 30 Jan 1993
MFA/01/0080/93
The Ministry of Foreign Affairs of the Republic of
Singapore presents its compliments to the Malaysian High
Commission and has the honour to refer to the Notice to
Mariners No. 89/92 (T) contained in the 06/92 issue of the
Hydrographic Department of the Royal Malaysian Navy, which
the·Port Authority of Singapore received on 20 August 1992.
The Notice stated that a hydrographic survey operati~n was
being carried out by the Malaysian naval survey vessel "KO
Mutiara• off the East coast of Johor to be completed by
July 92. A copy of the_ Notice ~s attached (Annex A).
The Ministry notes that part of the area bounded by
the coordinates giyen in the said Notice to the Mariners
falls within Singapore territorial waters around Pedra
Branca. However,. no approval had been sought from. the
relevant Singapore authorities. for survey work to be carried
· out in Singapore territorial waters around Pedra-Branca.
KO Mutiara was sighted on the following occasions· in
Singapore territorial waters around Pedra Branca:
(a) on 19 July 1992 at 1500 hours, KO Mutiara was:
sighted 3.1 nautical miles from Pedra Branca.
I 12571
(b) On 21 July 1992 at 0515 hours KO Mutiara was sighted
4.1 nautical miles from Pedra Branca.
(c) On 29 July 1992 at 1400 hours KO Mutiara was sighted
2.7 nautical miles from Pedra Branca.
In view of the above, Captain Wilson Chua,
Hydrographer, Port of Singapore Authority, wrote to Captain
Mohd Rasip bin Hassan, Director, Hydrographic Directorate,
Department of Navy, Ministry of Defence~ Malaysia, on
2 October 1992 to seek clarification on the matter. A copy
of captain Wilson Chua •s letter is attached at Annex B.
Captain Mohd Rasip bin Hassan's reply dated 3 November 1992
is also attached at Annex c.
The Government of the Republic of Singapore rejects
Malaysia•a contention, as stated in Capt~in Mohd Ra.sip bin
Hassan•a letter of 3 November 1992, that "Pulau Batu Puteh
('Pedra Branc~) is part of Malaysia_ ~nd consequently the
waters around Pulau Batu Puteh forms part of the territorial
wa:ters of Malaysi'a". Malaysia must substantiate its claim. of
ownership of Pedra Branca before it can claim sovereignty.
Until then, Malays.,ia 1 s contention is a mere histor·ical
· assertion not supportable by the facts or international law.
on the other hand, the Government of the Republic of
2
Singapore, has since the l840s, by virtue of both its acts
and those of its predecessor governments, occupied and
exercised sovereignty over Pedra Branca. and the waters
around it. Since that time, no country has exercised or
claimed jurisdiction or contested Singapore's sovereignty
over Pedra Branca for over 130 years.
· The Government of the Repub~ic ot Singapore protests
the issue of the said notification as well as the conduct or
the hydrographic survey by KO Kutiara in Singapore
territorial waters around Pedra Branca. KD Mutiara had not
obtained the permission of the Singapore Government to enter
and remain in Singapore territorial· waters around Pedra
Branca on the above-mentioned dates. The activities of KD
Mutiara were unauthorised and illegal. The .Si~gapore
Government regrets that the Malaysian Government should
allow KO Mu.tiara to conduct a survey operation in Singapore
territorial waters around Pedra Branca without obtaining the
approval ot the relevant Singapore authorities. The
Ma°layaian Government is requested to note that the approval
of the Singapore Government must be obtained before .the
issuance of such a not if !cation and . the conduct of a
-hydrographic survey by. Malaysian authorities in Singapore
territorial waters.
3
The Ministry of Foreign ~ffairs of the Republ.ic of
Singapore avails itself of this opportunity to renew to ·the
Malaysian High Commission the assurances of its highest
consideration.
SINGAPORE
30 January 1993
Malaysian High Commission
sinq§pore
~.o ,.a 2 t T > • Panln,utor MDroyora, . Eut Cooat South China Sao
Hydrogrophlc ~urvoy oporatron.
. '
H tdro or aphic · sVl'l/oY oPQration Is .ao;ino c~rriod · oul otlshoro Jo nor In !ho aro:i
boundod by tho lollowing .e~owlno1os:
a. oz• DO'.ON, 10<1• 3G'.OE
b. 01• 23'.GN, 104• 2.9'.Sli
c. 01' 3S'.5N, 104• 50'.0E
d .• oz• 00".0N, 104• 50',0E
Ootails · ar YOSHI «re aa foUow,:
Name:
Fto.g:
C/algn:
Length:
Width:
Otafl:
KO Mudara
Malay&la.
9MNG
. 71' m
13 m
·4,a m
Mo.rinora "o ad'ilco to kaop cfoar 1 mile oft tho bow, ollher skfeo and a.stern.
The. operation wffi be c.o mpleted by July 9.2 .
ChArll Aflocled: MAL S, BA 709, 2~03, 3543
I 1261 1
i 12&2 I
HD 7/l/4(Sl
2 Oct 92
.Ca~ Mohd Ras~p hin Hassan
0) TeC"t.Of"
Hydrogrn1phic Directorate
Department of Navy: Ministry of Defence
Jalan Padang Tembak
~0634 Kuala Lumpur
_ Mal a~a ta
Dear capt Raa.1p
H~~~YOJAN HYDROGRAPHIC SUR~eY CONDUCTED
rN 8I1iGAPOR.B TBRRITOlt.tAl,. WATERS
... ANNEX B
Tel: ?747J 11 &:xt 134'5
Fax;-(651 2248454
l refer to the Notice to Mariner$ No. &9/92 (T) contained in
your 06/92 issue which ·was received by us on 20 Auo 92 and camR
to my at.tantion ree:ently. It was s~ated in the Not1Ct! that a
hydrc1graphic survey open,tion. W,\fl bE!ina carr1 ed out by the
Nalaysian surv0y vessel "KO Mutiara".Dff the £ast Coast of Johor.
The survey nperation was said to be completed by July 92. (A
copy of the Notice No. 89/9~ (Tl iii attached ror your .easy
reference) .
2 According to the coordJnates provided jn the Noti.ce. part of
rhe survey area falls Yi~hin Singapore territorial waters around
Pedra Branca (please t'efer to the coordf nates '"b .. ment'ioned 1n
· the Not.ice)•. A.a no .tpprcwa 1 was sought. f.rom the re..l evant. ·
Singapore authorities. for the survffy operation to be carried out
in Singapo-re territ.Orial waters atuund Pedra Branca, r would be
.grateful for yg,ur clari ficat.ion nn the matter.
ReQarda.
Yours Rincerely \/~/
Wl LSO,t' CH\J"HYOROORAPHE.
R
HYO ROO RA PJ-t IC: D Er ARTMt-:NT
Enc:
ftYDIINIL\f'IHC OIU:CTotu.n
~YAL MALAV'S\A.N NAl/1
IJINISTIN OF OEFt:NCl
~·~'ftfA
_JALAN PAQANQ i!Ml-'1<
50!!4 KUALA ~t;~.~P"J:
Captai.G. Vll.taa Olua
By4ra gl'&phtl iliTffllgT&
pl\Lc De,utmnt
hl't ol' l:lli1apon i.umorU:1
7 r.tpp•l tod .
Na I oa-u Tujcnag ,.,. Comp lea
SIS'G\POQ OJOI · .
.,.., 'VI
ANNEX C
T~1y,tlr .',dd-
"ll6A/Dfr-4H ftf/-4LA t.1/Ml'(Jr
"-.a
"laNTAH Al~ Nln"
,....,,.._. .. lt;.L. 1'1JJIJ Ul JJ"
unc, UJJJIJ
Iv ,. : u,,,,,
0ti, ,v: XJI lt.A.UT /ffD/11456 JU . , . • t J'C. )
a.. J llgivtri,u Uta
1ffl)~ Sft.VIT D' ~nu's WA.'IZRS '1lfCf.UJ)l:RC ?9fM! mu ,ma ·tmu
llfHlllOII
A, Yaur 1eCtA\' ID 7/1/4 (S) 41t1d 2 !')ctolltt 1991.
I, Col\caerdns eb"e. hydfla-rt11hh •U?YW:r oot.ductd bJ ID MUTUli off
tht eut coo.et of Jtllor .. coo.u:lud b tbe ?!git.he Xo. 9'/tz.(T), t •
ptu,ec!l to inform 7ov. tflat tc wu carried out la order eo 111,11&n f.tlt
aavt;adcmal utety ot tm are& nch uald -, tate.rnactoaat 1hinlni;
md tAt- a.u11h.1 co till Che. 4at& llf Mt 1urteJ'l,cf. earl:l.er,
2. t whit t:e t'lplluf N th&t die 11&"'7' YM tt.friad IU1: ·,ulrtl7
la Mlli1!7Sba. V&Clrl, Pult1,1 !at,i 1;teb (!ldH Jraca) i., 'p&1't of Malay,ia
ad coci.t••uctU:17 the. vatars anun4 Putau l1tu. ht•h toft!II part of the
te"foterial v1.t.n d Mal11P1h, 'l.'he lllU&SWtli of tppHV&l b,- S.1nAAP•n
auehtl'ld.11 don IIOC 1dta U llt. >r.ll)"lia reJtc•I U7 cldm 'or
Uqa,ora dL&t dl1 Kabyaiu vacns · l'.tOmd lvl&u ktu. Puteh b S naapon
Y&tUI, ,.,u .. .-
112631
Annex 187
Singapore's Note MFA/Dl/675/93 dated 30 July 1993
MFA/Dl/675/93
The Ministry of Foreign Affairs of the Republic of
· Sin_gapore presents its compliments to the Malaysian High
Co1D1Q;ission and has the honour to protest the activities, in.
Singapore territorial waters around Pedra· Branca of Royal
· Malaysian Navy (RMN) and Royal Malaysian Marine Police
(RMMP) vessels on 29 January, 4 March, 17 March and
17 April, 24 April, 26 April, 4 May, 21 May, 25 May and
9 June 1993 which were inconsistent with innocent or transit
passage. The details of the activities are set out in the
Annex.
The RMN and RMMP vessels had not obtained· the
permiss"ion of the Singapore Government to enter·and remain
in Singapore territorial waters a~ound Pedra Branca on 29·
Ja-nuary, 4 March, 17 March and 17 April, 24 April, 26 Ap_ril,
4 May, 21 May, 25 May and 9 June 1993 or to carry out any
other activities, such· as photographing and filming the
island, carrying out observation, etc. The activities of the
RMN and RMMP vessels were inconsistent with innocent or
transit passage and unauthorised and illega~. The Singapore
Government stron91y protests these unauthorised and illegal
~ .
activities, inconsistent with innocent or transit passage,
of the RMN and RMMP vessels and regrets that the Malaysian
! 12ss I
112661
Government should ailow the RMN and RMMP vessels to continue
to conduct such activities.
The Singapore Government would also like to make it
clear that the unlawful activities of Malaysian Government
vess·els in Singapore territorial waters around Pedr;:1. Branca
cannot in any way advance Malaysia's claim to the· island.
Such provocative activities could instead provoke some
ground incident which could- then complicate efforts to
settle the matter. The Singapore Government once again
solemnly urges the Malaysian Government to ensure that there
is ·no repetition. of- such provocative acts while the
Maiaysi~n claim to Pedra Branca is considered according to
legal principles as agreed to by the Prime Minister · of
Malaysia.
The Government of the Republic of Singapore
.reiterates that Pedra Branca is part of· the territory of
,Singapore. Singapore has since the 1840s, by virtue of both
its acts and those of its predecessor governments, occupied
and exercised sovereignty over Pedra Branca and the waters
around it. Since that time, no country has exercised or
claimed jurisdiction or contested Singapore's sovereignty
over Pedra Branca for over 130 years.
The Ministry.of Foreign Affairs of the Republic of
Singapore avails itself of this opportunity to renew to the
Malaysian High Commission the assurances of its highest
consideration.
SINGAPORE
.30 July 1993
Malaysian.High Commission
Singapore
Annex
DBTAl:LS OF INTRtJSIONS INTO 8IHGAPOllB TERRJ:TORXAL
WATERS AROUND PEDRA BRANCA BY RKH AND RHKP·PATROL
CR.APT OH 29 JANUARY, 4 KARCH, 17 MARCH, 17 APRXL
24 l,.PRrL, 2& APRIL, t MAY, 21 KAY, 2·5 KAY AND 9 JOHB 1993
2·1 January 1993
On 29 January 1993, at around 1040 hours . three RMN
patrol craft (KD Serampang, -KD srt Negeri s·embilan. and KD
Sri Kelantan) intruded into Singapore territorial waters
a-round Pedra Branca and came within 3 nautical miles of the
island. The three·RMN·patrol craft then reversed course and
headed west.
4 Ma·rch 1993
on 4 March 1993, at about 1150 hours, two RMN vessels.
KD Ganas and KD Lembing ~ntered Singapore territorial waters
around, Pedra Branca. The two RMN vessels later altered
course and ·proceeded in· a north-easterly direction_,.,. passing
within 0.6 nautical miles north-west of Pedra Branea. There
.were ten personnel in the lead ship and nine ·1n the second
vessel. one of the personnel on the bridge of the lead ship
was taking photographs of Pedra Branca.
17 March 1993
· on 17 March 1993, at about 0940 hours, a ·RMN -vessel KO
Musytari P/No 160 entered S1nga·pore te.rritorial .waters
around Pedra Branca. · The vessel proceeded on a northeasterly
course, slowing down from 16 knots to 6· knots, as
it passed within 1 nautlcal mile north-west of Pedra Branca •.
A total of ten uniformed personnel were on the bridge of the
vessel. Two of them were filming Pedra Branca with a video
camera. At about 1017 hours, KO Mu~ytari increased speed and
headed in a northerly direction, away from Pedra Branca.
17 April 1993
on 17 April 1993," at around 1110 hours a RMN vessel KO
Todak entered Singapore territorial · waters 1;1round Pedra
Branca." At 1122 hours KD Todak ·came within o. 8 nautical
miles of Pedra Branca. It altered course twice before
heading away from Pedra Branca at 1151 hours. There were 35
uniformed personnel on the vessel. One of them took
photographs of Pedra B~anca while another fiimed Pedra
Branca with a video camera.
24 April 1993
On 24 April 1993, at around 1130 hours, a RMMP vessel,
P/No 17, entered Singapore territorial waters around.Pedra
Branca. At 1145 hours, the .·vessel came to within 600 yards
north west of Pedra Branca ,and remJtined stationary briefly
before heading away from Pedra Branca. There were four
personnel on the vessel.
26 April 1993
On 26 April 1993, at around 0757 hours a RMN vessel, JC[)
I<asturi, entered Singapore territorial waters around Pedra
Branca. At 0809 hours the vessel was o ~ 9 nautical. miles
north west of Pedra Branca. It then headed for the South
China ,Sea. Ten pe~sonn~l were seen on the bridge of the·
vessel. One of them took photographs of Pedra Branca while
another filmed Pedra Branca with a video camera on top of
the bridge.
4 May 1993
on 4 May. 1993, at around 0928 hours, two RMN ves.S'els.,
KD ~odak and KO Jerai, entered Singapore territorial waters
around Pedra Branca. At. 0938 hours the vessels were o. 5
nautical miles north west of Pedra Branca. They_ then headed
for the South China sea. A totai of four uniformed personnel
were seen on the bridge of the l13ad vessel, KO T~. Two of
them were observing· Pedra Branca with binoculad whilst
another took ·photographs of tbe :island. Ten. unif9rmed
personnel were seen on the .. bridge of the second vessel, KD
Jerai .. Two of them we:t".e ·also seen observing Pedra Branca
with binoc·u1ars whilst another took photographs of the
island.
21 May 1993
on 21 May 1993, at around 0900 hours, RMMP craft PZ5
entered Singapore territorial waters~ and came within 1
I
I
L
!1270]
nautical mile west of Pedra Branca. There were seven
uniformed personnel on board the patrol craft. PZS proceeded
in a south-westerly course before turning west at 0909 hours
to head for the southern coast of Johor.
Also, on 21 May 1993·, at around 0910 hours, another
RMMP craft PX4 entered Singapore territorial waters around
Pedra Branca. There were three uniformed personnel on boa·rd
the p·atrol craft. PX4 moved in and out of Sil"lgapore _
territorial waters around Pedra Branca until around 1105
hours, when it headed for the S.outh China Sea. During th.is
period, at about 0956 hours, PX4 was seen approaching an
unidentified fishing trawler, 2 nautical miles north - of
-PedJ;'a Branca. PX 4 left the fishing trawler at around 1005 .
hours.
25 May 1993
on 25 May 1993, at around 1s1s hours, RMMP craft PZ3
entered Singapore territoriai waters and cam,e within o. 6
_ nautical miles .north west of Pedra Branca. At around 162.8
hours, it headed for the southern coast_ of Johar·. Fo.ur
personnel were seen on board the craft~ One of them wa·s seen
taking photographs of Pedra Branca. ·
9 June 1993
On 9 June 1993 around 1110 hrs, RMN vessels 1(0 Todak
and KD Perdana passed about 3.8 nautical miles_northwest of
Pedra Branca, heading into th~ Singapore Strait. At 1146
hrs, when they were about 11 nautical miles west of Pedra
Branca, they. ·turned around and proceeded on an easterly
course towards the island. The RMN vessels then altered to
a north-easterly course, an4· subsequently passed about 0.5·
nautical miles nort.hwest of Ped-ra· _Bra~ca .•
A total of 7 personnel, all in RMN uniform were seen
on~board the lead ship. One of the personnel was observing
Pedra Branca using a pair of binoculars. Another 7
personnel were also seen onboard the second ship. Five of
them were ·on the bridge., and one each on the fore and.aft of
the ship respectively. The person on the aft of the ship
was using a camera to take photographs of Pedra Branca. ·
At about 1404 hrs, ·the KO Todak and lID Perdana were
again sighted 5 nautical miles north of Pedra Branca,
proceeding on a south~westerly course.
The RMN vessels subsequently passed 3.3 nautical miles
northwest of Pedra Branca at 1415 hrs. They continued on
their course, and at 1434 hrs, when they were about
7.8 nautical miles west of Pedra Branca, altered to a northeasterly
course. At about 1500 hrs, the RMN vessels passed
3. 4 nautical miles northwest of Pedra Branca. When they
were about 7.3 nautical miles northeast of Pedra Branca at
1511 hrs, the vessels altered to a northerly course and
headed towards the South China Sea.
. . . .• .
I 1271 1
Annex 188
Singapore's Note MF AID 1/678/93 dated 30 July 1993
MFA/Dl/678/93
The Ministry of Foreign Affairs of the Republic of·
. Singapore presents its compliments to the Malaysian High
Commission and has the honour to refer to the Marine
Department Peninsular Malaysia• s Notice to Mariners No.
lS(T) dated 26 May 1993 regarding the Environmental Impact
Assessment (EIA-) study and sand investigation survey at
Ramuni-a Shoal.
The ~overnment of the Republic of Singapore notes
. that pa-rt of the area within which the abovementioned study
and survey are being 9arried ·out lies within Singapore
territorial waters around Pedra Branca.
The Government of the }!epublic of Singapore protests
against the inclusion without its approval, of a part of
Singapore's territorial waters around Pedra Branca in the
Marine Depart~ent Peninsular Malaysia's Notice and the
carrying out, without its agree~ent, Gf the EIA study and
sand investigation in the· said waters. The Malaysian
Government is requested to note that the approval of the
Government of Singapore must be obtained for the inclusion
of any part of Singapore's territorial waters around Pedra
Branca in any such Notice and for carrying out any EIA study
112741
on sand investigation surv~y in Singapore• s territorial·
waters around Pedra Branca.
The Ministry of Foreign Affairs of the Republic of
Singapore avails itself of this opportunity to renew to the
Malaysian High . Commission the assurances of its highest
consideration.
SINGAPORE
30 July 1993
Malaysian High Commission
Singapore
Annex 189
Singapore's Note MFA 1094/93 dated 1 Dec 1993
MFA 1094/93
The Ministry of Forei_gn At:fairs of the Republic of
Singapore presents · its· compliments to the Malaysian High
Commission ·and has the honour to ref er to . the Malaysian
Mi~istry of foreign· Affairs• letter reference SR(070)151-3
Vol VIII datec:l 25 August 1993 addressed to Mr Fong Hin Tat,
. .
Port Master, Port of Singapore Authority.
The ·singapore Government categorically rejects the
contentions in the above-mentioned letter addressed to the
-Port Master.
The Government~ of the Republic ·Of Singapore
reiterates' that part of the area bounded by the coordinates
given in the relevant clause of the tender document
reference JPSB/3/93 (copy attached.) issued by the Johor .Port
Sdn Bhd in connection with the Johar Port Development Phase
IV falls within Singapore territorial waters around Pedra
~ Branca. Hence, the approval of the Singapore. authorities . . '
must_be sought for the disposal of dredged materials within
the area bo~nded ~y ·the coordinates given.
The Governmen:t of the Republic of Sing·apore protests
against the inclusion in the said tender document of that
portion of the. dumping site which forms part of the
Singapore territorial waters around Pedra Branca. The
Malaysian Government is requested to note that the approval
of the Singapore Government must be obtained for any such
inclusion.
j 127s I
The- Ministry of Foreign Affairs of the Republic of
Singapore avails itself of this opportunity to renew to the
Malaysian High commission the assurances of its highest
consideration.
SINGAPORE
1 December 1993
Malaysian High Commission
. singap.ore
Annex 190
"Malaysia and Singapore to go by law to resolve sensitive
issues" reported by Bemama News Agency dated 9 Sep 1994
C~\GIE\6N$0507'
n~t mest ~91000 .
Nalmy$is-SinQooo~e. (ne~s tocus)
M'SIA ANO $'PORE TO GO BY· LAW TO RESOLV~ SENSIT!Va ISSUES
KUALA LVM~UP., Sept 9 (S~rnam:,) -- The 1'our-e-ye r:iee-tS.n,,;i. t--etwo.:el"i flrime
Minister Ostuk Seri Or Mahathi~ Moh~m~d and hi~ SinQapcrecn counteroart,
Qoh·C~ok Ton~, in LangKaw4 last Tuesday e6~~ars to be mor~ thon Just an
ordinary bilate~al meetlns. .
As H~lSY$ian ~nd $1~~~Pore~~ ministers and senior o~fici~lQ w~r~ havine
t!l'"\ informal discU.!!.sion to ir:,p;--"ove end er.Pane! relation= at &ll 1:;:v~!s .af":d -
stres~i"g the n~ed to olerlfY ~heir polici&G to avoid misu"de~3t~ndin~s.
:the t~o lGaders wcre"dlscu~ain9 more serious ond so~clfic ~att~~s ~hi~h
·coyld_effe~t the Prasent Qoo~ relations ~e~we~n th~ t~o co~n:i~i~s.
-The t1,,)o l,cad!:r$ S/:1'!!1'lt r.ea,~!y t:wo hours dise1.:ss}.1i-:i e wide renie of
-topics, including di$PUtcz ever the ownarihiq cf ~- tiny i~le~~ c~llc~ ~~l~
eetu Pvt ih, ot'f' Jpho:-", ""d th'? stetus of Mel~Y~r''l l!:o5.11,..1~y (i~r,;i".J Ki:-1 s~r:->ad)
ll?ll'ld.$- ir, the i.s.!en<::1. repubUc.
The i.r intention i11 bl"inc;it.,; :JP the-5~ ".1-e1,a it i vc- ·· i ss.ue-·s et the mel? ~ :. .1 ·,,;1
1~ very el~~r -· to p~e~a~ve the QOOd rel~tia1,a betw~~n the tw~ co~ntrles
-- en,:1 i~ wes with this view tho.t: br,;1>;h l~ade:·r~ eo,·eed tQ !-~ttl°,;: !:he.-r.: ~r'I ·
005.nts- ot u,u. .
Th .. is&U~ of th~ owr,er:ihit.:.• -c,f th~ !&hind. ~,-..:,...,n to Sil"l-;~1:--:i1·~ ~s F~~r-:::
E-reinc;, 1~kn, oft 1·e1uh Remu.r1'1ia southce.st of· J,,l'l-::ir-, aro~~ !:--, t?':-c ~.:ir·.l":-• l¥"S'7.•,
when Maloysien fish~rrnen w~r~ soid to h~~e b&en ~~ev~ntec f~c~ flshl~9
ther~. ·
For hi~tOl"'i03l ree.sons, · 3!.1":,;;:~por:: h.::ie b~·N1 ~i:i:1a9ir,,;, th:;, :. i,;;:,-,thou:a-e on
th~ islon~ to this dey. -· mor~
AFY 3K
Annex 191
Singapore's Note MFA/Dl/554/94 dated 14 Sep 1994
MFA./Ol/554/94
The Ministry ~f F~~eign Afrairs of the Republic of
Singapore presents its compliments to the Malaysian High
Commission and has the honour to rerar eo the Royal
Malayslan Navy Hydrographic Directorate's Notices to
Mariners No 06 of · 1994 regarding sand mining . operations
proposed to be ca~~1ed out at Beting Rumania, Johor.
The Government of the Republic of Sin~apore notes
that a small part of the area within whfch sand mining
operations are proposed to be carried out lies within
Singapore territorial waters around Pedra Branca.
;t'he Government of the Republic of s ingapore protests
the inclusion-,· without its approval, of a part · of
.. Singapore·, s tei:-ritorie.l waters around Pedra Branca . ln the
Royal Malaysian Navy Hydrographic »lrect~ra~e•s Notices to
M~ririers No 06 of 1994, and.the carryinq out, ~ithout its·
agreement, o! sand mining operation .. wi~hin ~ho~e parts of·
the ·waters which are Singapot-e territorial. waters. The
Malaysian Government is requested. to note-that the approval
of the Government of Singapore must be obtained ror. the
•
incJusion of any· part of Singapoi:e's terricorlal wate~rs
around Pedra Branca in any such Notices and for ca·rrylng out
any e~nd mining operation in Singapore's territorial waters
around Pedra Branca.
The Ministry of Foreign Affairs of the Republic of
Singapore avails itself.of thia·opportunity to renew to ·the
Malaysian High Commission the assura~cea of its. highest
consid~raeicn.
SINGAPORE
14 September 1994
Malayslan High Commission
Singapore
Annex 192
Malaysia's Note EC135/94 dated 17 Sep 1994
EC 135/94
The Malaysian High Commission presents its compliments to the Ministry of
Foreign Affairs of the Republic of Singapore and has the honour to inform the· Ministry
that the Malaysian Govemment has agreed that the issue of Purau Batu Puteh/Pedra
Branca be referred to the lntemational Court of Justice (ICJ).
The Maraysian High Commission avaifs itseff of this opportunity to renew to the
Ministry of Foreign Affairs Of the Republic of Singapore the assurance~ of its highest
consideration.
17 September, 1994
Ministry of Foreign Affairs
Republic of Singapore.
112a1 I
Annex 193
Tarling N., The First Pharos of the Eastern Seas: The
Construction of the Horsburgh Lighthouse on Pedra Branca,
67 Journal of the Malayan Branch
of the Royal Asiatic Society 1 ( 1994)
Journal
of the
Malaysian Branch of the
Royal Asiatic. Society
j 12a4 !
· 'THIS FIRST PHAROS OF THE EASTERN SEAS' : ·
THE CONSTRUCTION OF THE HO~URGH LIGHTHOUSE ON
PEDRA BRANCA
by
NICHOLAS TARLING
Men may dispute over 'a little patch of ground'. as the Captain reminded Hamlet, and so
may states. Pedra Branca, or Batu Putih, thirty seven miles to the east of Singapore
harbour, has been the subject of some argument between the Republic and
neighbouring Malaysia. The patch of ground is, however, no mere rock. In the early 1850s it
became the site of a lighthouse that guided shipping to and from the developing entrepot. Building
it on the rock was indeed controversial, but the controversy did not relate to the question of
ownership. Indeed the documents of the day make little or no reference to the question. The
controversy was about paying for the lighthouse. That raised questions of policy, but also
questions of equity.
Singapore, established by Sir Stamford Raffles in 1819 by agreement with the Temenggong
of JohOf-aad-Sultan-Hussa-in,-----had-quie~ly---beeome-an--entrepot-that---linked-the---u-ade-uf the
peninsula and archipelago with international traffic. Much of that traffic was between India and
China, and Singapore also benefited from the lack of a. British base further east before the
acquisition of Hong Kong in 1842. Those interested in its facilities thus included not merely its
residents, a small community mainly of Chinese and British merchants, often acting as agents for
larger houses in Britain, London or China. They also included merchants and shipowners in those
other centres.
The government they had to deal with was that of the East India Company, constrained as it
was by the India Board, an instrument of the British government itself, and by the diversity of its
obligations. Though it had begun as a trader across Asia, it had from the late eighteenth century
increasingly become a great territorial power on the Indian sub.continent. That indeed led the
British Government to assert its ultimate control through the Board. But the commercial role of
the Company reniai ned unclear. Under the charter of 1813 it lost its monopoly of the trade
between Britain and India. Under the charter of 1833 it lost its monopoly of the trade with China,
and the British Government establishe~ a Superintendent of Trade at Canton. Even before that,
country traders, largely ba,ed in India, had carried on much of the commerce within Asia, and
indeed had been essential to the Company's operations. What obligations did the Company·s
government have towards Singapore, and the other settlements in the Straits, Penang, acquired in
1786, and Malacca, finally taken over from the Dutch in 1825? It was an important route
commercially and strategica1ly. But its government was in the hands of a Governor responsible to
the authorities in Bengal. That might affect its sense of priorities. It might also make it difficult
for merchants in the Straits to influence it. Not until the 1860s were the Settlements to be a
Colony directly under the government in London.
A lighthouse on the approaches to Singapore would, of course, be important to commercial
interests other than those on the island itself. That might facilitate bringing pressure to bear on the
spreadeagled Company government in the case of such a facility. But its response would still
reflect its diverse responsibilities.
Late in 1836 merchants, mariners and others in Calcutta interested in the tr;ide and
navigation of the Straits of Singapore pointed to the dangers at the eastern an.d western er.tran:.:es
1
N
SINGAPORE
Q
a-~~ ~~·o
" A RAFFLES
LIGHTHOUSE
Map showing the location of Pedra Branca.
N> t·
-.
4
PEDRA BRANCA
HORSBURGH - .
LIGHTHOUSE- -
.. ,,
._ C,f.l >_g
r· ,t
00
! 12s& j
.· : PAI(f1;I994. - -
for .India-China and ~Britain-China commerce. They suggested constructing lighthouses, one at
Coney Rock for the western channel, one on Pedra Branca lo the east, and offered to contribute to
the expense.I The Marine Board thought that. if only one light were. to be erected, the western
entrance should come first. Llghts were not 'essential', but would e,r..pedite navigation by enabling
vessels to pass at night. A levy at Singapore for their maintenance D:light, however, deter visits to
Singapore. The views of the Singapore authorities should be m.iught, both on the question of
expense, and on the means of meeting it. 2 But Governor-General Lord Auckland suspended
further consideration ·of the matter : 'without duties of some kind the funds would not be
forthcoming whence the expense of Light Houses and Establishment would have to be
maintained', and the Court had prohibited port or any other duties at Singapore.3
Singapore had indeed been established as a free port. not _only in the sense that it was,
unlike many of those in the neighbouring Dutch Indies, open to all traders, but that it was, more
extensively, free of duties on goods and traffic. That. of course, helped it in its early years. and it
remained an anicle of faith, particularly with the merchants at Singapore, that imposing duties
would destroy the prosperity which its superb position would not alc,ne guarantee. TI1e Court of
Directors had directed the suspension of import and export duties in 1826, though as acting
Governor Thomas Church pointed out, the Company had to keep up armed vessels, maintain a
lighthouse at Malacca, and provide other services, 'while the ships and vessels visiting the several
~-Ports----are--entirely---ex-empt-from-any-eharge;-save I Rupee-for-a-Pott Clemance~4"2\.uc1dand thus
referred the lighthouse question to the Court. Its reply was unhelpful. 'As it appears that the
erection of Light Houses in the Straits is not essentially necessary to the safe navigation of them,
and that some difficulty might be found in levying the necessary Funds for maintaining them, we
do not feel justified in issuing any orders for the purpose.' At the instance of the Board, the Court
added 'that the importance attached by the Mercantile Community in this Country [Great Britain]
to the preservation of pedect freedom of Trade at Singapore, forbids our subjecting it to any
restrictions'. s
In the meantime the question of duties had been raised again in the East. Lord Auckland had
sent W.R. Young to the Straits in 1837 with a view to suggesting possible economies after the
closing of the Company's China trade.6 He suggested levying harbour and anchorage dues at the
three settlements : 'having after mature consideration and much enquiry come to the conclusion
that the imposition of a moderate customs duty at Penang and Singapore would not only be by far
the most equitable expedient for raising the revenues of the Straii:s Settlements to the level of the
reasonable expectation of the Supreme Government, but that it would not in any sensible degree
check the prosperity or divert the course of the commerce of those places, I can entertain no doubt
as to the propriety or safety of the less computensive scheme for imposing light harbour dues.'
Lighthouses at Singapore and Malacca would justify the duties, 'though no doubt not in the minds
of those never ready to bear any taxation' .7 The Singapore authorities were in support, and the
Bengal authorities proposed to publish Young's draft Act. Lord Auckland recalled his opposition
to customs duties in 1836 : 'Singapore, the Settlement at which they could be levied with most
pecuniary advantage, had, only by the liberality of its regulations grown into existence and
1 Memorial to the Govemor-Genual, 29 December 1836, Board's Collections [BC] ?:.l4Ia, p.14, India Office Library,
London.
2 Marine Board to Governor-General, 11 May 1837, and enclosures, BC 72141,1. p.23.
3 Punsep to himself, 24 May 1837, BC 72141a, p.34.
4 Chmch lo Secretary. 2 July 1834, BC 72141a, p.3.
5 Despatch, Bengal Marine, 4 September 1839, 22. Despatches lo India and Bt:ngal, Vol.21. p. 345. para 20, India O:fice
Library.
6 N. Tarling, British Policy in the Malay Peninsula (lrlc/ Archipelago. 1824-1871, KunJa Lumpur, 1969. p.53, fn 187.
7 Young to Prinsep, 30 May 1838, BC 72881, p.116.
3
.• - .f. ~ •. -- JMBRASV0(,:67 : -
importance. and I would not for the sake of a small item of revenue, break down this solitary
illustration of the advantage to be gained by a perfect freedom of commerce.' The Court took the
same view. Harbour duties certainly seemed 'a most reasonable exaction in general'. But
imposing them might be 'unwise and unprofitable': the 'busy rivalry' of the Dutch would take
advantage of the change. Moreover, Singapore was 'an open roadstead', and the authorities
provided 'no good offices' in return for the proposed duties. A lighthouse was proposed, but no
clear ratio was established between its expense and the tax: 'the inclination of my mind is against
the present imposition of any such tax, unless it should be clearly connected with the erection of
the lighthouse in question' .8
Auckland's reference to the advantages of a free ttade appear to have stirred Young to
respond. The justice-of his proposal should be considered. The Straits Settlements raised most of
its revenue by excise, which fell on the poorest part of the population, and the merchants escaped
taxation almost entirely. 'One of my strongest reasons for favouring the imposition of these duties
is the conviction I have that our existing scheme of taxation must expose us to the imputation of
the grossest partiality and injustice.' And 'is it equitable towards the people of India who are now
compelled to provide funds for the Government of the Straits Settlements, the annual resources of
which fall far short of the annual charges for administration, to refuse to adopt an expedient which
_promises...at least tn diminish.in. some degree tbe_yearl}'...drain..on_the.:finances..oUndia?,_' ___ _
'It is generally understood that the Home Authorities are opposed to the imposition of any
duties or restrictions affecting commerce in the Straits, and this chiefly with reference to the
political importance of Singapore and to the apprehension that any restraints on the perfect
freedom of that Port would have a te~dency to diminish the resort of shipping thither and to lessen
the value of the Settlement to Great Britain as a commercial entrepot.' These views. 'needless to
say', were 'heartily seconded by the Mercantile bodies both at home and in the East'. Harbour
duties, however, could be seen less as a tax on commerce, than as an equivalent for local facilities,
and a considerable proportion of the funds could be allocated to the construction and maintenance
of a lighthouse at the southern enuance to the Straits. Governor Bonham agreed that such duties
would not drive shipping away from Singapore. 'I may mention that I took the opportunity of
visiting [Dutch] Riau and its inferiority to Singapore in every respect calculated to give eligibility
to a commercial entrepot struck me as very remarkable. But in truth the present condition of the
two places is quite sufficient to show that there is something in the position or circumstances of
Singapore which ensures its preference for mercantile underu.kings.' Riau was a free port, but had
'scarcely any commerce worth mentioning' .9
In 1836,.7 5513.50 dollars had been subscribed, mainly in China, for a testimonial to James
Horsburgh, hydrographer to the East India Company, and the subscribers had suggested a
lighthouse on Pedra Branca.10 The money would not be eno~gh and the Singapore Chamber of
Commerce suggested 'that the main burthen of the contributions ought in justice to devolve upon
the Mercantile Communities of the Indian Presidencies and China whose interest in the
contemplated aids to the Navigation of the Straits are infinitely more concerned that those of the
Merchants of Singapore'.ll Bonham suggested that the subscriptions might be spent on the
building, the inhabitants of Singapore pay for the lantern, and the Government maintain the light,
levying a charge of 4 Rs for port clearance on square-rigged vessels and junks and 2 Rs on native
boats. 12
8 Minute, 14 January 1839, BC 72881, p.166.
9 Note by W.R. Young, 5 March 1839, B.C. 72881, p. 191.
IO Jardine Matheson & Co to Bonham, Macau, I March 1842, B.C. 98792, n.p.
I I Napier to Bonham, 23 July 1842, B.C. 98792, n.p.
12 Bonham to Bushby, 23 July 1842, B.C. 98792, n.p.
4
112871
! 12aa I
· --- .-; , :.:::Again. mindful of-the 1839 despatch. the Bengal government declined the proposition fot a.
port :duty .at Singapore.13 Only 60% of the -762 square-rigged vessels that entered Singapore in
1840-1 belonged to ports bi the vicinity, Bonham replied. Perhaps a higher rate could be charged
atCalcutta. Madras and Bombay?14 --What about other pons? an official wondered.15 Bonham's
successoi, ·w.J. Butterworth, tried again. He had asked Sir Edward Belcher to find a site that
would cost less to maintain than Barn Island, which Bonham bad put forward. Peak Rock. one of
the Romania group, was suggested, 'part of the Territories of the Rajah of Johore, who with the
Temenggori.g have willingly consented to cede it gratuitously to the East India Company';16: •.
SultanAli·indeed indicated his pleasure at the plan,: and the Temenggong gave his full consent.17
Given the interests of the British Government in China, where Hong Kong was now a colony,
perhaps it would pay for the lantern. IS
'The Court now responded more positively. 'We readily admi't the propriety of affording all
possible facilities in the Straits of Singapore, and entrance to the China Seas, more especially an
account of the daily increasing importance of the trade with China, and we are also of opinion that
the opportunity now offered of constructing at a very trifling expense to the public a lighthouse in
a very desirable situation should not be neglected.' But the Directors were 'opposed upon
principle to the appropriation of any further sum however small, from the General Revenues of
India to purposes which apply with equal advantage to all shipping frequenting the Straits of
------Malaeea--a Sees, and we think-that-the additional funds required-fONhe eonsuuelion and
maintenance of a Lighthouse near Singapore, should according to the practice in all other parts of
the world, be raised at the expense of the Shipping Interest for whose special benefit it is
designed.' The Coun bad ascertained that the British Government would not object to 'the levy of
moderate Light House duties a! Singapore', and so they authorized a charge not exceeding one
rupee per 100 tons on all vessels entering Singapore, and a proportionally reduced charge on
vessels of less than 100 tons. A similar charge should be levied in India on ships clearing out for
China, though it would exempt them from further charges in Singapore. The money was to be
appropriated to the lighthouse and its current expenses, and the charge was to be reduced if the
income exceeded what was required.19 The opening of China made a lighthouse more desirable.
But the Company saw no reason to burden its revenues for that purpose.
Where should it be? In his account of the voyage of the Nemesis, W.D. Bernard
recommended a lighthouse on Pedra Branca.20 Sir Edward Belcher, of the surveying vessel
H.M.S. Samarang, preferred Peak Rock. Pedra Branca wou!d be the best position, Butterworth
declared, but it was 'so remote from Singapore, at so great a distance from the mainland and so
inaccessible at certain seasons of the year', that he preferred the position Belcher selected.21 The
Admiralty did not agree. Pedra Branca was the right choice, easier to approach, freer from
surrounding rocks than Peak Rock.22 Butterworth sought the views of the surveyor, J.T. Thomson,
and Captai~ Samuel Cong al ton, and they agreed that Pedra Branca was 'the only true position'. 23
The light would be in a more advanced position towards the China Sea, and it would extend to the
13 Bushby to Bonham, 31 August 1842, B.C. 98792, o.p.
14 Bonham to Bushby, 25 October 1842, B.C. 98792, n.p.
15 Note on ibid.
16 Butterworth to Currie, 28 November 1844, B.C. 98792, n.p.
17 Letters, 25 November 1844, B.C. 98792, n.p.
18 As note 16.
19 Despatch. India Marine, IS October 1845, 6. Despatches to lndja and Bengal, Vol 46, pp. 592.s.
20 W.D. Bernard, Narrative of the Voyages and Services of the Nemesis, London, 1844. p. 168.
21 Butterworth to Beadon, 22 August 1845, 8.C. 104710, np; 105224, p.3.
22 Hamilton to Melvin, 18 April 1846, B.C. 104700, np.
23 Butterworth to Bushby, 26 August 1846, 8.C. 104700, o.p.
5
· JMBRAS ,VOL.:67 ·
·dangerous northeastemPoint .ofBin~g. Victualling a house at Pedra Branca would be no more ..
difficult than victualling one at. Peak Rock. 24 Contributions from the Horsburgh collections at
Bombay and Madras were available, and it was suggested that an iron lighthouse be sent out from
Great Britain. 25 The Court reaffirmed that Pedra Branca was the better site. But it ruled out the
iron lighthouse : it was much more costly than the masonry building originally suggested, and the
Court was opposed to increasing the proposed duties or putting a burden on the general revenues
of In~a.26 Butterworth was instructed to go ahead with a lighthouse on Pedra Branca according to
the original specification. 27_
. .· .. ·That did not, however, dispose of the issue of cost. For one thing, the Court seems to have
· omitted the lantern from its calculation which had led it to propose a duty of no more than one
rupee per 100 tons. Second, the shift to Pedra Branca turned out to have its costs. Late in 1847
Thomson erected brick pillars to test the strength of the waves. Several were swept away, and he
decided that granite would have to be used. Moreover, to provide protection against pirates, a
tower was required for accommodation, rather than a.separate building.28 Even using a Chinese
contractor, and employing convicts in Singapore to make the cement, the estimate rose to 3S917
Rs, and with the lantern, S0917 Rs. The establishment was also somewhat more costly than
estimated. The levy suggested was thus 2 dollars per 100 tons, or 4.8 Rs.29 Was the Court ready to
-accept that?30The question of raising-that-ameuBt---netilH-act unlike what Bonham bad
recommended - was referred home, as Butterworth had told a somewhat impatient Singapore
Chamber of Commerce was likely.31 In London the East India and China Association pressed the
Court on the need to construct the lighthouse after so long a delay. 32 The Court, ascribing the
increase in cost to the move to Pedra Branca advised by the Admiralty, thought Butterworth's
new estimates might be further exceeded 'in a work of such difficult construction'. The lower
levy it had sanctioned would be 'quite inadequate, and as there seems no more unobjectionable
mode of providing for its construction and maintenance than the imposition of a suitable tonnage
duty on shipping, we authorize you to levy a duty as soon as a light is exhibited on that station:
but as we have no doubt that the expense will exceed the amount you have estimated, we direct
that a Tonnage duty of 2112 dollars per 100 tons be levied ... .'33
The Singapore Chamber of Commerce regretted that the Court had determined on so heavy
a duty, 'much beyond that required to meet the annual expenses'. If it were carried out, the
repayment of the loan should be spread over a considerable number of years, and other steps taken
to improve navigation, such as additional lights near Sing&pore and a light on the 2112 fathom
bank; and the duty should be reduced when the loan had been repaid. The Chamber also wanted
the duties levied, so far as possible, in Calcutta, Bombay and Madras, where duties were already
levied, rather than in Singapore, 'hitherto ... unfottered by a single pecuniary exaction for any
purpose whatever' .34 Though the Court had contemplated levying duties at the Indian ports,
Butterworth did not think this suggestion feasible. It would make for a complicated Act, the
public would not be aware of the amount produced, and receipts would not always be available to
24 Thomson and Congallon to Butteiworth, 25 August 1846. B.C. 104700. n.p.
25 As note 23.
26 Despatch, India Marine 24 February 1847, 1. Despatches to India and Bengal, Vol.52, pp. 485-9.
27 Beadon to Butteiworth, 10 May 1847, B.C. 112262, p.476. ·
28 J.T. Thomson, • Account of the Horsburgh Light-house', Journal of the Indian Archipelago, VI (1852), pp. 390-2.
29 Butteiworth to Karr, 12 June 1848, B.C. 119941, n.p.
30 India Government to Court, 3 March 1849, Marine 3. B.C. 119941, n.p.
3l Butteiworth to Chairman, 1 March 1849, B.C. 119942, n.p.
32 Gregson to Melvill, 7 May 1849, B.C. 119942, n.p.
33 Despatch. India Marine, 5 September 1849, 3. Despatches to India and Bengal, Vol.62, pp. 733-6.
34 Extracts, Minutes of a Meeting of the Singapore Chamber of Conunerce, · 19 December 1849, B.C. 125763, p.3.3.
6
PART l, 1994
cancel the obligation in Singapore.35 His draft Act provided for. the levy of 2112 c a ton on all
square-rigged vessels of 50 tons burden or upwards, save ships c,f war. Port clearances would not
be granted without a certificate that it had been paid. 36 The Cou.rt declined to appropriate any of
the surplus dues to other projects until the debt incurred in respect of the Pedra Branca lighthouse
had been paid off.37 In fact an additional half a cent was added to the duty to pay for a floating
light on the Northern Sands in the Straits of Malacca. 38
The Singapore Chamber had commented on the draft legi3Jation. Its members regretted that
the duties were confined to those ships that entered Sing~.pore Harbour, whereas others also
benefited. They would deter the resort of ships to Singapore : opium clippers and others would
call at Penang or Malacca instead. The Act should embrace ships clearing out from India to China
and the East.39 Thomas Church, the Resident Councillor, thought there was little in this: 'the dues
are comparatively small, and less than the expense and delay of touching at either of the Ports in
the Straits, particularly Penang.' It was 'scarcely possible to frame an Act to embrace every
conceivable cas~. !he more simple and short the better, to make the Light House dues payable at
the Presidencies would cause perplexity and trouble to parties' .40 Acting Governor Blundell
agreed. 'If it should be found hereafter that numerous vessels pass Singapore, without anchoring,
purposely to avoid payment of the Light House toll, measures may be adopted to obtain payment
from them.'41 Act No 6 of 1852 was passed. Church had met the Chamber's objections, the Conn
thought, 'but it will be proper to inquire after a sufficient time has elapsed, whether the mode in
which the tolls are at present levied, has really had any tendency to deter ships from entering the
· harbour of Singapore' .42
The Singaporeans had already insisted that it had. In the first six months, 31 India-China
ships had passC'..d through without paying. They urged that the due should be levied in the way
earlier suggested. The Horsburgh was not a harbour light, and the port of Singapore 'ought not to
be expected to maintain a light by which it is injured to the extent of tonnage passing through its
harbours without anchoring, which injury would cease if the Jight dues were levied at the ports of
loading or discharge, whereby vessels would pay equitably for a Light for which they derived an
immediate benefit' .43 Church agreed that not all who benefited from the Light, a 'valuable boon',
contributed to it, and some vessels which had formerly anchored briefly now passed by. But he
did not think that 'detrimental to trade generally' .44
The foundation stone had been laid in Butterworth's presence and at his request by M.F.
Davidson, worshipful Master of Zetland in the East, on 24 May 1850, Queen Victoria's
birthday.45The contractor was Choa Ah Lam.46 Thomson supervised the work, finding the
contractor dishonest, the labour force untrained. As the Court anticipated, the cost exceeded the
estimates.47 But on 27 September 1851, shortly before he retired, Butterworth visited it. ·Tue
afternoon was spent in inspecting the tower and lantern, together with the numerous
conveniencies that have been constructed for the comfort of the Jight keepers, including a store
35 Butterworth to Karr, 13 February 1850, B.C. 125763, p.13.
36 Draft, ibid., p.37.
37 Despatch, 18 September 1856, Bengal Marine, 31. Despatches to India anj ~k!lgal, Vol.67, pp. 459-63.
38 India Government to Court, 10 February 1852, Marine, B.C. 138802, p. L
39 Memorial to President-in-Council. n.d., B.C. 142867, p.42.
40 Church to Blundell, 6 September 1851, B.C. 142867, p.40.
41 Blundell to Halliday, ll December 1851, B.C. 142867, p.39.
42 Despatch, 15 June 1853, India Marine, 3. Despatches to India and Bengal, V,>J 81. pp. 729-30.
43 Memorial of Merchants and Inhabitants, 20 September 1852, B.C. 162838, p.12.
44 Church to Blundell, 20 September 1852, B.C. 162838, p.3.
45 C.B. Buckley, An Anecdotal History of Old Times in Singapore, Londc,r,, )902-3, 9i:,. 512 ff.
46 Thomson to Church, 20 Dece:nber 1849, 8.C. 125763, p.21.
47 J.1.A., p. 465.
7
...· ;: ~tt~: ;rJi{{l"; i:·iii2n'.?~1I{;'.:f;ff ::/f,?;?,)}\>t {c'/C :.;- ''~·.i0L.i\f' i
.·.. ; >~:kiili~~::2~t:\;~i,ir1 ;'ihliJ·;~te~··:.fud' JJ~ttf ·o i:·~~i:"i~ured by.·~ys· rifmassi~e ~futiri~· ,.· .
. . ,· 'work.· to fatilitate· iariding·during the northeasf monsoon; :and ·£'rain the vi~id impressio~ i~ft oil the
- minds of the visitors, we 'atjticipate that this ,firstPharos of .the Eastern Seas will prove ·the :great
Lio~ of the Straits for some tin:ie to come.' )t was an edifice of which Singapore:could .. be ptoud;
· the§i~gapore: free Press 9ontinued: it provided the granite and the. timber;: the brass rails were
moulded and turned·in Singapore;·Thomson obtained his experience as Government.Surveyor.
-·~· P~Y: :t~e .cast~ir911°dom~ •• ,μ,cl·J~tept ·p(()vi4~. -~y ··Steven.sons•. of .Edinburgl:i; -came· ·fn:J~~ outsicle. :
Singaprire::· ·-::ix;::\>\<.·C:·.c:::.·:i::\·i·.;:y,- :: :<-. · ,,- '. ... -· .. ,-:e· ..-: .• ,·· ''. ·c~ · .:::.: _-. '(\ ·- ~ --:, .
. : '?::'.:'.spffty guestsdined:9n theJ:looghly_· at_,5.30, arid then· 'the· process·ofillumination'··,
. :'ci:,~riced. '.Three hearty .cheers:1N~komed .~ life the meteor"'.like brilliancy_~hicll \Villprobably .
.. ·' ,- serye )o O'gt#d~ )he .miclnigijt :~tb-bf the riiannerJor. ~-·thousand, years. to come.·~ The following.
: I,llOilth # 'went jn.to ·te'gu}_ar 'operatitjn,49 ~!!. revolving bright -light, which gradually declines, Untilcit .
- ,totally ~isa,p~ t() the ·dis~t,observer; whilst, when viewed from a short distance, it is .never
· · · .. ·.. . ·,. · ·. •SO ·_.-_ .·:·· ,_'. ' ·,·-. · . . . .
entrrely μtv1S1ble . .• _ . . .. .
. • ·. aLater in 1852 Blundell recommended a lighthouse on Barn Island : the receipts from the
Lighthouse duties might be thought 'sufficiently encouraging to authorize a further expenditure
towards facilitating the navigation between India and China now that the number of steamers
---l1lllning--0n---that-line-is-annuall}'~On-the-increase~'[.E~Rogers, Superintendent-of-Marine~
preferred Coney Island.52 3000 dollars was to be drawn from the Lighthouse fund to construct
it. 53 The foundations of what ~ecame the Raffles Lighthouse were again laid in the presence of
Freemasons. 54
48 SFP, 30 October 1851.
49 I.I.A., pp. 453-4.
so I.I.A., p.494.
51 Blundell to Secretary, 16 November I 852, B.C. 150933, p.9.
52 Rogers to Dalhousie, 30 December 1852. B.C. 150933, p.15 .
.53 India Government to Court, 23 August 1853, 8, B.C. 150957, p.l.
54 Despatch, 3 October 1855, India Public, 104. Despatches to India and Bengal, Vo! 93, p. 916.
8
11291 I
Annex 194
Singapore's Note MFA 815/94 dated 3 Jan 1995
,----------------------------------- -------- ~
MFA 815/94
· The Ministry of Foreign Affairs of the Republic of
singap_ore pres-~nts its compliments to the Malaysian High
commission and has the honou~ to refer to a recent .. incident
involving a Roya~ Malaysian Air Force (RMAF) airc~~ft flying
· -in the vicinity of Pedra · Branca.
incident are a$ follows,.
The details of the
At 1036 hours on 6 December 1994, an RMAF B200
aircraft flying 9 nautical mil~s (run) from Pedra
Branca did not acknowledge.when informed on Guard
frequency to turn away from· Pedra Branca. Instead,
the aircraft.proceeded to fly as close as l run. from
Pedra Branca_ before turning right _towards the
Malaysian ·coast. Th~ aircraft-was also observed to
have circled Pedra Branc·a in a clockwlse direction
, at an estimated height of 300 ~o 500 feet and a
_distance df l to 2 nm from Pedra Branca. It ~as
only at 1046 hours that the.aircraft-contacted the
Civil Aviation Authority of.Singapore requesting for
. . . ~ .
cl~arance to climb and return to senai. it
sUbsequent~y changed ~-its destination to Kuala
Lumpu·r.
The singapo~e Government protests the violation by
the RMAF ai·rcraf't of Singapore I s sovereign · airspace around
Pedra Branca and the unauthorised actions of the RMAF
aircraft in the said airspace. Pedra Branca is an integral
. .
part of.the ter~itory of Sing~pore." The inci~ent also poses
a safety risk ~o other aircraft operating in the vicinity,
· particularly those belonging to the Republic of Singapore
Air Force flying to and from the South China- Sea trainlng_
areas.
The S.i ngapore Government requests the.cooperation of
the Malaysi~n Government to ensure that an incident of this
nature is not repeated.
The Ministry of Foreign At.fairs of the Republic of
Singapore avails itself of this opportunity to renew to the
Malaysian High Commission the assurances of its highe_st
consideration.
SINGAPORE
3 January 1995
Malaysian High Com.mission
Singapore
Annex 195
Singapore's Note MFA 200/95 dated 2 Mar 1995
MFA 200/95.
The Ministry of Foreign Affairs of the Republic of Singapore presents
its compliments to the Malaysian High. Commission and wishes to register its
. .
strong protest regarding anothe~ violation of Singapore's airspace by a Royal
Malaysian Air Force (RMAF) aircraft on 24 February 1995. This violation is in
addition to earlier· incidents on 6 December 1994 an,d 10 January 1995 which
were protested in the Ministry's Notes No.815/94 of 3 January 1995 and No.
057/95 of 20 January 1995 respectively.
The details of the 24 February 1995 incident are as follows:
At about 1040 hours on 24 February 1995, an RMAF B200 aircraft
was detected approaching Pedra Branca from a north-easterly direction ..
Following two ATC warnings, the aircraft turned north but headed
back in the direction of Pe<ira Branca six minutes later. Two
additional warnings went unhec!ded and the aircraft flew as close as
800 Il).etres from Pedra Branca. · It then circled the island below 150
metres before heading off in a north-easterly direction. The incident
occurred during the period for which a NOT AM was in place for air
activities in the airspace over Pedra Branca.
The Singapore Government protests strongly the repeated violations of
Singapore's sovereign airspace around Pedra Branca and the unauthorised actions
of RMAF aircraft in Singapore airspace. The 24 February 1995 violation also
took place in an area over which a NOTAM was issued for air activities. The
violation was provocative and irresponsible. It constituted an unacceptable safety
risk to other aircraft operating in the vicinity, particularly those belonging to the
Republic of Singapore Air Force flying to and from the South China Sea training
areas. Disregard. for the NOT AM affects general aviation safety in the area.
The Ministry reiterates that Pedra ~ranca is an integral part of the
territory of Singapore. The unauthorised actions of RMAF aircraft over Pedra
Branca and the repeated violations of Singapore's airspape are therefore not
acceptable. Such violations are also not in keeping with the spirit of amicable
settlement agreed to by both countries in referring the issue of Pedra Branca to
the International Court of Justice. The Malaysian Government should put an end
to such violations.
The Ministry of Foreign Affairs of the Republic of Singapore avails
itself of this opportunity to renew to the Malaysian High Commission the
assurances of its highest consideration.
SINGAPORE
· 2 March 1995
Malaysian High Commissi_on
Singapore
2
Annex 196
Maritime and Port Authority of Singapore Act, 1996
(Republic of Singapore)
MARITIME AND PORT AUTHORITY OF SINGAPORE 83
(3) The proceeds of sale of the vessel and bunkers, tackle,
apparel or furniture so distrained or arrested may be used
by the Authority to satisfy those rates, charges, dues, fees,
damages or penalties or other sums and costs, including
costs of sale remaining unpaid, rendering the surplus, if any,
to the master or owner of the vessel on demand and, in case
no such demand is made within one year from the date of
the disposal of the vessel and bunkers, tackle, apparel or
furniture, by paying the surplus to the account of the
Authority, whereupon all rights to the same by such person
shall be extinguished.
( 4) If the Authority gives to the Port Master a notice
stating that an amount therein specified is due in respect
of rates, charges, dues, fees, damages or penalties or other
sums payable under this Act or the regulations against the
vessel or the owner, agent or master of the vessel, the Port
Master shall not grant port clearance until the amount so
chargeable has been paid or security has been given to the
satisfaction of the Authority for the amount thereof.
PART VI
TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
30.-(1) As from the appointed day, such property, rights Transfer to
and liabilities vested in the National Maritime Board, the Authority of
P ort Of. S1, ngapore A.u t h on·t y an d t he G overnment rel at1·n g apsrsoeptes ratyn,d
to the Marine Department as may be determined by the liabilities.
Minister for Finance shall become, by virtue of this section
and without further assurance, the property, rights and
liabilities of the Authority. ·
(2) If any question arises as to whether any particular .
property, right or liability has been transferred to or vested
in the Authority under subsection (1), a certificate under
the hand of the Minister for Finance shall be conclusive
evidence that the property, right or liability was or was not
so transferred or vested.
(3) Any immovabie property to be transferred to and
vested in the Authority under subsection (1) shall be held
by the Authority upon such tenure and subject to such terms
and conditions as the _President may determine.
I 12sa I
84 NO. 7 OF 1996.
Transfer of 31~-(1) As from the appointed day, such persons
employees. employed · immediately -before that day in the Marine
.Department, the National Maritime Board and the Port of
Singapore Authority as the Minister may determine shall be
transferred to the service of the Authority on terms no less
favourable than those enjoyed by them immediately prior to
their transfer.
(2) Until such time as terms and conditions of service are
drawn up by the Authority, the scheme and terms and
conditions of service in the Government, the National
Maritime Board or the Port of Singapore Authority, as the
case may . be, shall continue to apply to every person
transferred to the service- of the Authority under subsection
(1) as if he were still in the service of the Government, the
National Maritime Board or the· Port of Singapore
Authority, as the case may be.
-Pension
rights, etc.,
of employees
to be
preserved.
32.---{l) The terms and conditions to be drawn up by the
Authority shall take into account the salaries and terms and
conditions of service, including any accrued rights to leave,
enjoyed by the persons transferred to the service of the
Authority under section 31 while in the employment of the
Government, the National Maritime Board or the Port of
Singapore Authority, as the case may be, and any such term
or condition relating to the length of service with · the
Authority shall provide for the recognition of service under
the Government, the National Maritime Board or the Port
of Singapore Authority, ·as the case may be, by the persons
so transferred to be service by them under the Authority.
Cap. 225.
Cap. 236.
(2) Nothing in the terms and conditions to be drawn up
by- the Authority shall adversely affect the conditions that
would have been applicable to persons transferred to the
service of the Authority as regards any pension, gratuity or
allowance payable under the Pensions Act or the Port of
Singapore Authority Act, as the case may be.
(3) In every case where a person has been transferred to
· the service of the Authority under section 31, his employer
immediately before the date of such transfer shall be liable
to pay to the Authority such portion of any gratuity, pension
or allowance payable to such person on his retirement as the
same shall bear to the proportion which the aggregate
amount of his pensionable emoluments during his service
with such employer bears to the aggregate amount of his
MARITIME AND PORT AUTHORITY OF SINGAPORE 85
pensionable emoluments during his service under both the
Authority and such employer.
( 4)_ Where any person in the service of the Authority
whose case does not fall within the scope of any pension or
other schemes established under this· section retires or dies
in the service of the Authority or is discharged from such
service, the Authority may grant to him or to such person or
persons wholly or partly dependent on him, as the Authority
thinks fit, such allowance or gratuity as the Authority may
determine.
33. Notwithstanding the provisions of the Pensions Act, No benefits
noperson who is transferred to the service of the Authority inbre
1
.5
1
!'ect of
a o 110n or
under section 31 shall be entitled to claim any benefit under reorganisa·
the Pensions Act on the ground that he has been retired ~~0
_
0~~cefrom
the service of the Government, the National Maritime P
Board or the Port of Singapore Authority, as the case may
be, on account of abolition or reorganisation of office in
consequence of the establishment and incorporation of the
Authority.
34.-(1) Where on the appointed day any dis~iplinary Continuation
proceedings were pending against any employee of the ~~!pletion
Government, the National Maritime Board or the Port of of.
Singapore Authority transferred to the service of the disciplind_ary
_ procee 1ngs.
Authority under section 31, the proceedings shall be carried
on and completed by the Authority; but where on that day
any matter was in the course of being heard or investigated
or had been heard or investigated by a committee .acting
under due authority· but no order or decision had been
rendered thereon, the committee shall complete the hearing
or investigation and make such order, ruling or direction as
it could have made under the authority vested in it before
the appointed day ..
(2) Any order, ruling or direction made or given by a
committee pursuant to this section shall be treated as an·
order, a ruling or a direction of the Authority and have the
same force or effect as if it had been made or given by the
Authority pursuant to the authority vested in the Authority
under this Act.
j 1300 I
86
Misconduct
or neglect of
duty by
employee
before
transfer.
Penalty to be
served by
employee.
Existing
agreements
and pending
proceedings.
NO. 7 OF 19%
35. The Authority may reprimand, reduce in rank, retire,
dismiss or punish in some other manner a· person who
had, whilst he was in the employment of the Government,
the National Maritime Board or the Port of Singapore
Authority, as the case may be, been guilty of any misconduct
or neglect of duty which would have rendered him liable to
be reprimanded,. reduced in rank, retired, dismissed or
punished in some other manner if he had continued to be in
the employment of the Government, the National Maritime
Board or the Port of Singapore Authority, as the case may
be, and if this Act had not been enacted .
. 36. Where an employee of the Government, the National
Maritime Board or the Port of Singapore Authority has
been transferred to the service of the Authority under
section 31, and on the appointed day any penalty (other than
dismissal) has been imposed on the employee pursuant to
disciplinary proceedings against him and the penalty has not
been, or remains to be, served by the employee, he shall on
his transfer to the service of the Authority, serve or continue
to serve such penalty to its full term as if it had been
imposed by the Authority and the penalty shall remain valid
against the employee on his transfer and shall continue in
full force and effect until he has served the penaUy in full.
37.-(1) All deeds, bonds, agreements, instruments and
working arrangements subsisting immediately before the
appointed day affecting the portion of the property, rights
and liabilities transferred to the Authority under section
30 (1) or affecting any employee transferred to the service of
the Authority under section 31 shall continue ·in full force
and effect on and after that day and shall be enforceable
by or against the Authority as if _instead-of the Government,
the National Maritime Board or the Port of Singapore
Authority, as the case may be, or any person acting on its
behalf, the Authority had been named therein or had been
a party thereto.
(2) Any proceedings or cause ·of action relating to the
portion of the property, rights and liabilities transferred to
the Authority under section 30(1) or to any employee transferred
to the service- of the Authority under" section 31
pending or existing immediately before the appointed day
by or against the Government, the National Maritime Board
or the Port of SingaporeAuthority, as the case may be, or
MARITIME AND PORT AUTHORITY OF SINGAPORE 87
any person acting· on its behalf, may be continued and shall
be enforced by or against the Authority.-
. PART VII
EMPLOYMENT OF SEAMEN
38.-(1) No person other than an employer ·shall engage Employment
a seaman.
(2) No employer shall engage a seaman and no seaman
shall accept employment on board any vessel except in
accordance with regulations made under section 40.
(3) No employer shall enter into arrange~ents with any
seaman to transport him outside Singapore for the purpose
of engagement in contravention of regulations made under
section 40.
(4) For the purpose of this Part, "employer" includes the
shipowner, charterer or operator, the agent of the shipowner,
charterer or operator and the master of the vessel.
39.-(1) Any person or employer who -
(a) contravenes section 38; or
of seamen.
Penalty for
employment
of seamen in
contravention
(b) selects or engages a seaman otherwise than in of section 38
or of regulaaccordance
with regulations. made under tions made
section 40,
shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $2,000 o_r to imprisonment for a term
not exceeding 6 months or to both.
(2) Any person or seaman who accepts employment or
works in a vessel as a seaman otherwise than in accordance
with regulations made under section 40 shall be guilty of
an offence and shall be liable on conviction to a fine not
exceeding $2,000 or to imprisonment for a term not exceeding
6 months or to both.
under
section 40.
40. The Authority may, with the approval of the Minister, Regulations
,nake regulations for the purposes of this Part and, in relating to
particular, ·may make regulations for the following purposes: seamen.
(a) to prescribe the age and other qualifications of
applicants for registration as seamen;
11301 I
Annex 197
Letter from Oei P. (Hydrographer, Maritime and Port
Authority of Singapore) to Director-General, Maritime and
Port Authority of Singapore dated 13 June 1996
PT/HY/NAS 2.ooa
13 Jun 96
Q Director-Genera-l tLLv," \l ."- I 1
Through Chairman · ~/ ~ "lfl\,!
Expenditure Evaluation Committee ·
UPGRADING OF FIVE AUTOMATED LIGHTHOUSE EQUIPMENT
Subsequent to the Expenditure Evatuation Committee meeting on 6 May 96, the paper
incorporating the points raised by the Committee, has been reviewed and supported by the
Committee.
2 The above-mentioned paper is attached for your approval.
&- -F PARRY OE!
forHYDROGAAPHER
HYDROGRAPHlC DEPT
cc Dlrector (Port)
/chs
Deputy Director (Corporate Services)
Finance Manager
\ t ~\.N'Z.,._J...--J.
v....... :i.-t I ul ,. L,. •
~,__~
)- )"-- \l......- £-~\
l
~
I 1304 I
UPGRADING OF FIVE AUTOMATED LIGHTHOUSE EQUIPMENT
INTRODUCTION
1 M PA maintains five !ightho uses and they were automated from 1978 to· 1 gaa at a tot a I
cost of $2,124,856.75. The existing electrical equipment have limited mon.itoring capabilities
and over the years have become obsolete. This proposal is aimed to replace all the
lighthouse electrical systems with modern equipment. The new system would be an
integrated system with computer~based remote control and monitoring functions. It would
have growth capability for future monitoring of lighted buoys and beacons.
EXISTING ELECTRICAL SYSTEM
2 The electrical equipment mainly consists of navigational lantern system, power supply
system comprising solar panels and batteries, and monitoring equipment. The monitoring
equipment is a passive system with limited capabilities such as reporting the on(off condition
of the light and the high/low battery voltage condition. It is not possible to diagnose faults or
switch on the lights remotely_in times of poor visibility.
3 The number of major componen1 failures for each lighthouse is as follows:
LIGHTHOUSE ELECTRICAL EQUIPMENT
Bedok
Sultan Shoal
Putau Pisang
Horsburgh
Raffies
COMMISSIONED ON
1978
1984
198S
1988
1988
NO OF BREAKDOWN
FROM 1992-199S
3
6
3
6
4
4 The number of breakdowns (22) is considered high as Eghthouses are e:.<pected to be
100% operational at all times.
5 The existing equipment are obsolete and beyond their 8-year economic life-span.
Spare parts are difficult to get. Technology is now available in the market to replace them
with modern efficient equipment.
PROPOSED CHANGE
6 In this proposal, all the existing obsolete electrical systems at each lighthouse would
be replaced. Each of the new lighthouse $ystems would be integrated to a PC-based station
and mcnitored from the office. It would have growth capability for future monitoring of lighted
buoys and beacons, up to 250 stations. With this capacity the system would be ab!e to
monitor al! the lighted navaids under our responsibility i:i one integrated system.
IMPLEMl:NTATION PROGRAMME ANO COST
7 The implementation programme and costs expected to be incurred are shown be!ow.
Sultail Shoal and Horsburgh are to be carried out first due to more frequent breakdowns.
(a)
(b)
1996
1997
Sultan Shoal and Horsburgh
Bedok, Pulau Pisand and Raffles
$0.40 million
$0.60 million
$1.00 million
BENEFITS
8 Aids to navigation are Important landmarks which promote the safety of navigation.
Most of the navaids mark the limits of navigational dan9ers and mariners rely on them to
navigate safely around the port. U9hthouses are expected to operate at 100% availability,
especially in busy waterways, and MPA has a statutory duly to maintain them at a high
standard of availability.
9 The benefits of this project can be summarised as follows:
{a} Improving the reliability of the lighthouse equipment thus reducing frequency
of light failures.
(b} More efficient remote monitoring of the lighthouse equipment with the
possibility of carrying out remote diagnostic checks. Frequency of costly onsite
inspections reduced and the Mean Time Between Maintenance could be
increased from 6 to 12 months.
{c) Active remote control of lights, such as switching on the lig~\s during periods
of poor visibilty.
(d) Potential benefits of expanding the system for monitoring lighted buoys and
beacons.
10 This project would modernise the lighthouses equipment and enable the department
to implernent a more effective light maintenance programme which contributes to improving
the safety of navigation.
FUNDS
11 Budget for S1 .0 mi!lion was approved in-principle by MPA Board meeting in Apr 96.
~7 ....... ~ .... . Mr Chua Lian Ho
Chairman, EEC
Date: ["2/1,~ 1 b
auto_paf/chs
Mr Yap Cheng Hua
Member
Date: I))(/ 1,
Chee Kheong
Member
Date: n/,/c,r.
Annex 198
Investigation Report on Grounding of MV Gichoon
on 14 October 1996
CA 298
GROUNDING/SINKING OF MALAYSIAN VESSEL MV "GICHOON"
ON 14 OCTOBER 1996 AT SOUTH LEDGE, OFF HORSBURGH LIGHTHOUSE
1 SYNOPSIS
Times quoted are Singapore time.
1.1 On 14 October 1996, MV G IC HOON, a Ma I a ysi an container vessel grounded and J ater
sunk at South Ledge (01"17.B'N 104° 23.7'E), about 2 miles south south+west of Horsburgh
Lighthouse.
1.2 The grounding occurred at about 1313 hours with the vessel immediately listing to port.
The forward compartments were breached and water entered the cargo holds. The list continued
to increase even though a11 the ship's pumps were running at full capacity. At about 1600 hours
the list increased to about 15". By then the main deck was awash and water was entering the
engine room. The Master ordered the crew to abandon ship and the vessel sunk at about 1655
hours. Alt 17 crew members were safely brought to Singapore. There were no pollution nor any
injury to the crew.
1.3 Salvage tugs with divers were at the scene for oil pollution control. Almost all the deck
containers broke loose and drifted away. Those afloat in the vicinity were punctured, by the
divers, and sank. Some containers that floated onto Middle Rocks (south of Horsburgh
Lighthouse) was towed to deeper waters to be scuttled. It was confirmed by the local agents that
the containers did not contain any toxic substances or dangerous cargoes.
2 EVENTS LEADING TO THE INCIDENT
2.1 GICHOON (ex Borussia) was a container vessel built in Germany and registered in
Kuchlng, Malaysia. She was 119 metres in length, 17.8 metres in breadth and Gross Tonnage of
4867 (Annex A). She has a single Controllable Pitch Propeller (CPP) and is equipped with
magnetic compass, gyro compass, Global Position System (GPS) receiver, two radars (without
ARPA) and radio communications equipment.
2.2 GICHOON was recently purchased by PDZ Holdings Sdn Bhd. The vessel was deployed
in carrying containers between Ho Chi Minh, Vietnam and Singapore on a weekly basis. This
was the vessel's third trip out of Singapore. For the Chief Officer and 2nd Engineer, this was the
second trip. The previous Chief Officer and 2nd Engineer were replaced due to incompetency
(see Annex 8). The rest of the crew had joined the vessel on the first trip.
2.3 On 14 October 1996, the vessel arrived alongside Keppel Container Terminal Berth No.
K16 at about 0115 hours. Cargo work commenced immediately and loading completed at 0930
hours. She loaded 67 containers on deck and 156 containers inside the hold. The PSA pilot
boarded at 0945 hours to pilot the vessel to Eastern Boarding Ground ~A". The vessel sailed at
about 0955 hours with draught of 5.64 m forward and 5.76 m aft. The pilot left the vessel at about
1010 hours.
2.4 The Master and Chief Engineer kept the 0800+1200 and 2000+2359 navigational and
engine room watch respectively. On the day of the incident, the Master was at the bridge during
departur~ and was in-charge of the subsequent navigational watch. He was assisted by one
Able+Bodied (AB). The vessel was on auto+pilot and engines at full sea speed with sea passage
commencing at 1030 hours. Radar No. 1 was running at 6 miles range and the Master plotted the
vessel's position with fixes obtained from GPS. The watch was uneventful, traffic was light and
weather was fine with good vis ibi!ity.
2.5 At about 1150 hours the 2nd Officer came up lo the bridge followed shortly by the duty
AB Rogelio. The 2nd Officer plotted the 1200 hours position using the GPS. The Master then
handed over the watch to the 2nd Officer and mentioned to him that the next alteration of course
would be about 1 hour later. The Master then went down to the mess for his lunch.
Pg 1 of 5
2.6 The 2nd Officer was in charge of the navigational watch from 1200 hours till the time of
the grounding. After the Master went down, the 2nd Officer started to prepare the noon report.
This is a routine report, sent to interested parties ashore, containing details of distance run,
distance to go, ETA, speed made good, fuel consumed, fuel remaining etc. since last noon or
departure from last port.
2.7 At about 1220 hours, the duty AB reported the sighting of Horsburgh Lighthouse to the
2nd Officer who then took a look at the radar. The AB continued his lookout duties and did not
further communicate with the 2nd Officer until after the grounding. At about 1230 hours, the 2nd
Officer finished his draft of the noon report. He then plotted the 1300 hours Dead Reckoning (DR)
position, based on speed made good of 10 knots and vessel steering the same course. This
1300 DR position was about one mile before the next alteratlon of course. The next course would
take the vessel past Horsburgh Lighthouse to starboard and to the South China Sea.
2.8 The 2nd Officer entered the noon report particulars into the bridge log book and filled up
a noon report form while waiting for the water in the electric kettle to boil and prepared a cup of
tea for himself. After finishing the noon report, he took out 7-8 charts used during the previous
voyage to Singapore and erased the position fixes.
2.9 The 2nd Officer then updated the Muster List.. Muster list contain details of the general
emergency alarm signal and stipulate the duties assigned to different members of the crew.
There was a change of crew during the last trip namely tt,e Chief Officer, 2nd Engineer and
Electrician.
2.10 After that he noticed that the noon report forms was running !ow, he then did some
photocopies of the same. The photocopier machine was situated on the port side of the bridge.
Thereafter he rolled up the flags that were used in port and put the flags back into the respective
boxes. All this white he did not take any position of the vessel.
2.11 At about 1300 hours, the 2nd Officer took a position of the vessel using the GPS. The
position revealed that the vessel had already passed 2 miles east of the alteration point. He was
taken aback and started to doubt the accuracy of this position as it was some 3 miles ahead of
the 1300 hours DR position. He perceived that the vessel was heading for the dangerous ground
off South Ledge. Immediately he altered the ship's course by turning the knob of the auto-pilot.
He depressed the knob to maintain a constant 5" change of course to port. As the vessel was
swinging to port, he took a second GPS position. As he was plotting this position at about 1302
hours, a sudden heavy vibration was felt.
2.12 The vessel began to yaw violently to port. The engine was running at full sea speed of
about 11 knots. Almost immediately the vessel developed a list to port. Very soon after this list,
another vibration was felt and by then the Master had arrived at the bridge. A GPS position put
the vessel on top of South Ledge, which at that time was below the water level and not visible.
The vessel went over South Ledge from the south (Annex C) and the bottom of the forward holds
was breached.
3 EVENTS SUBSEQUENT TO THE INCIDENT
3.1 Moments later, the Chief Engineer, Chief Officer and Radio Officer came to the bridge.
The propeller pitch was then put to neutral and later the main engines was stopped by the Chief
Engineer. The Master, in order to ascertain whether the vessel had been holed and taking in
water, ordered the Chief Officer to check the cargo holds with one of the crew. The Chief Officer
reported that water was rushing into the forward holds at a very fast rate.
Pg2of5
3.2 The Master contacted various parties ashore i.e. VTIS and Tong Joo Shipping to advise
them of the incident. He also ordered the 2nd Officer to send a distress message via the VHF
set. At the same time he instructed the engineers to pump out the water from the cargo holds.
However the Chief Officer reported the second time that the water level in the holds was rising
very fast, indicating that the holds had been breached by contact with South Ledge rocks.
3.3 The crew had by then lowered and let go the starboard lifeboat without permission from
the Master. Most of the crew was in the lifeboat with painters secured to the vessel. At about
1400 hours, a Coastal Patro! Craft - PH 50, came alongside to the starboard lifeboat to offer
assistance. However the Master declined assistance and the craft went away but.remained in the
vicinity. PH 50 was instructed by their Command Centre to standby at the vicinity to warn passing
vessels of floating debris. Later another craft, PH 57, arrived to assist in diverting traffic from the
area.
3.4 The Master and Radio Officer remained on the bridge while the Chief and 3rd Engineer
were in the engine room. The Chief Engineer went on deck and ordered the 2nd Engineer and
both oilers to get back to the engine room to help out and they obliged. Meanwhile the list to port
continued to increase and at 1500 hours the freeboard on the port side was only 1 metre. The
3rd Engineer and Bosun (who came back to the vessel from the starboard lifeboat) went to lower
the port lifeboat and manoeuvred her arongside the starboard lifeboat.
3.5 At about 1600 hours, the Chief Engineer reported to the Master that water was entering
into the engine room. The vessel was then listing some 15° to port and the port main deck
already awash. The Master gave the orders to abandon ship soon after.
3.6 At about 1640 hours, the crew observed two deck containers falling into the sea. The
vessel sunk at about 1655 hours. At 1700 hours, one tug boat picked up all the crew from the
lifeboats. At about 2130 hours, they were transferred to another tug boat and arrived Singapore
at about 0230 hours on 15 October 1996.
4 WEATHER CONDITIONS/AREA OF INCIDENT
4.1 The weather conditions at the time of the incident were good with clear visibility, calm
seas and light winds. The tidal stream was setting North-Easterly at about 2 knots. At the time of
the incident, the tidar height was about 2 metres, effectively covering South Ledge.
4.2 South Ledge bears about 200° T from Horsburgh Lighthouse at a distance of about 2
miles and lies mid-point between the South and Middle Channer. rt consists of 3 steep-to rocks
and only the north-most of which dries. It is always indicated by heavy tide-rips or breakers. This
ledge is not marked but the proximity of Horsburgh Lighthouse and other navigational aids were
available to fix the vessel's position.
5 FINDINGS
5.1 Navigation/Safety Equipment
5.1.1 The magnetic compass, gyro compass, GPS receiver, two radars, steering gears,
communication equipment and main engines were working satisfactorily prior to the Incident. The
safety equipment were a!! in good condition. All relevant nautical publications and charts were on
board. T~e incident was not due to any mechanical, power or systems failure.
5 .1.2 BA eh a rt 3 B31 was being used at the time of the incident. It had been corrected up to
notice number 2929/96. The planned track towards Middle Channel was plotted on the chart
together with the 1100, 1130, 1200 and 1302 hours positions. The 1300 hours DR position was
also shown on the chart (Annex D).
P93of5
11309 I
I 1310 I
5.2 Pollution
There was no report of any pollution in the area. None of the fuel tanks were holed.
Divers were deployed to plug all openings to prevent any escape of on from the bunkers tanks
and engine room. It was estimated that about 100 tonnes of fuel oil remains onboard the vessel.
As a safety measure, Perdana Salvage and Towage Pte Ltd was engaged to conduct pollution
control in the vicinity.
5.3 Manning
The vessel was manned by a Korean Master and Chief Engineer with 15 Filipino crew
members. The Master holds a valid Korean First Class Certificate of Competency and the 2nd
Officer holds a valid Philippines Second Mates Certificate. At the time of the incident, the bridge
was properly manned. Ttie 2nd Officer was the OOW and was assisted by one AB.
5.4 Time and location of incident
According to the 2nd Officer, he felt the first vibration at about 1302 hours ship's time.
The Master, Chief Engineer, duty AB and 3rd Engineer gave the time of first vibration as after
1300 hours. According to VTIS records, the vessel was at the southern edge of South Ledge at
1311 hours. Based on the above, it was determined that the vessel's clock was about 9 minutes
slow.
5.5 Influence on speed
The 2nd Officer plotted the 1300 DR position based on speed made good since 1030
hours at the same course. He did not take into account the tidal stream and the gradual increase
of the engine's revolutions which had increased the speed made good. This failure to appreciate
the above effects had contributed to the incident.
5.6 Fitness for duty
It is considered that fatigue was not one of the factors that might have affected the 2nd
Officer's performance in this incident.
5.7 Performance of Master and 2nd Officer
5.7.1 The Master has considerable sailing experience and was in command since 1988, albeit
initially on a limited class vessel. GICHOON was his third ship as Master with the same
company. He had sailed with crew of various nationalities and there were no problems
encountered.
5.7.2 The 2nd Officer regularly sails through Singapore and therefore transiting the TSS could
be considered routine_ Under such circumstances, familiarity could lead to a relaxation in
concentration and an indulgence in non relevant activities. A relaxed attitude, due to familiarity of
the area and the good weather, cannot be ruled out. His failure to plot the vessel's position
regularly was due to the fact that he was pre-occupied with non relevant activities.
5.7.3 Had the 2nd Officer checked his position more frequently, he would have noted that the
vessel was doing more than 1 O knots and as such the alteration of course would have been
sooner. After taking the 1300 hours GPS position, he should not have immediately altered course
to port without ascertaining the dangers in the vicinity. It is considered that. faced with a deviation
from the. expected position, the 2nd Officer did not fully evaluate the circumstances and assess
what appropriate action was required.
6 CAUSE OF THE INCIDENT
It is evident that the vessel ran aground in daylight, clear visibility and calm seas,
because the vessel's position had not been fixed or plotted regularly by the 2nd Officer.
Pg4of5
7 CONTRAVENTION OF REGULATIONS
This incident occurred due to the failure of the 2nd Officer to comply with the
requirements of Regulation 18 of Chapter V of the Merctiant Shipping (Safety Convention)
Regulations (Annex E).This Regulation refers ta the basic principles in watchkeeping outlined in
Regulation 1 of Chapter II of the Regulations annexed to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 (Annex F).
Regulation 11/1 ;6b (Navigation) of STCW states :
"During the watch the course steered, position and speed shall be checked at sufficiently
frequent intervals ... to ensure that the ship foflows the planned course. n
8 CONCLUSION
These conclusions identify the factors contributing to the incident.
8.1 There was a considerable difference between the 1300 hours DR and actual position.
The 2nd Officer did not fully appreciate the situation and assess what appropriate action was
required. His decision to make an immediate alteration to port, which resulted in the vessel
passing over South Ledge, shows complete disregard of the basic principles of watchkeeping.
8.2 The lack of proper passage planning and the absence of any checks to ensure that the
vessel was on the intended track also contributed to this incident.
9 RECOMMENDATIONS
9.1 No formal investigation is recommended as it is unlikely to shed any further light on this
incident
9.2 (a) Second Officer : Although in this case, there was no injury nor loss of lives, his
apparent disregard of the basic principles of watchkeeping were serious. I therefore
recommend;
(i) that we cease to recognise his Certificate of Competency (CoC) for
employment on Singapore ships; and
(ii) sent\ to the issuing Authority of his CoC i.e. Republic of Philippines, an
abstract of this report without any recommendations.
(b) Master : In this incident, the Master had verbally informed the 2nd Officer of the
time of the next alteration of course. However had he been present at the bridge during
that time, this Incident could have been avoided. The ·ordinary practice of good
seamanship would have alerted the prudent Master to go up to the bridge during major
alteration of courses. I therefore recommend that we counsel him accordingly.
-u I .
Foong Yee Kuan
Marine Surveyor I Nautical
Assisted by low Koon Tiong
Hydrographic Department
Pg 5 of 5
I 1311 I
Annex 199
Reports of the 9th Parliament of Singapore, Volume 69,
Column 213, ;Negotiations on Outstanding Bilateral Issues
with Malaysia, dated 29 June 1998
213 29 JUNE 1998 214
Oral Answers to Questions
only 4 hours 15 minutes before the
Finance · · Minister's statement on
off-Budget measures to be taken, he will
also highlight the inadequacy of some of
the measures taken so far in view of the
current economic slowdown.
TAXES ON PETROLEUM
(Reduction)
10. Mr Chuang Shaw Peng asked the
Minister for Finance whether he will
consi.der cutting taxes for petroleum as
one of the off-Budget measures to reduce
variable cost of transportation so as to
stimulate the economy.
Dr Richard Hu Tsu Tau: Mr Speaker, Sir,
the duty on petrol is one of the measures
employed to curb excessive vehicle usage
and minimize congestion on the roads.
Reducing duty on petrol will affect our
traffic management efforts. We will have
to rely more heavily on measures such as
the Electronic Road Pricing (ERP) System.
Until and unless the ERP has been fully
and comprehensively implemented
covering all the necessary roads, it will not
be prudent to reduce the petrol duty.
NEGOTIATIONS ON OUTSTANDING
BILATERAL ISSUES WITH MALAYSIA
(Update}
11. Mr Hawazi Daipi asked the
Minister for Foreign Affairs if he will give
an update on the negotiations regarding
outstanding bilateral issues with Malaysia.
The Minister for Foreign Affairs (Prof. S.
Jayakumar): Mr Speaker, Sir, I last
informed this House about MalaysiaSingapore
relations during our sitting on
13th March 1998. On that occasion,
Members will recall that I ran through the
various items mentioned in the Joint
Communique issued after our Prime
Minister's visit to Kuala Lumpur in
February 1998. l told the House that there
had been progress in bilateral relations,
but I also cautioned that several
outstanding issues remained unresolved.
This remains the situation.
On Pedra Branca, on 14th April 1998,
officials from both sides finalised the text
of a Special Agreement to refer Malaysia's
claim to Pedra Branca to the International
Court of Justice. This is a positive development
which brings the Pedra Branca
dispute one step closer towards reso-
1 ution.
However, there has been less progress
on other issues such as the !ong-term
supply of water to Singapore and the
development of Malayan Railway Land.
On water, the Joint Communique issued
in February 1998 contained a general
undertaking that Malaysia would continue
the supply of water to Singapore beyond
the expiry dates of the 1961 and 1962
Water Agreements. This was to have been
confirmed in a formal Water Agreement
within sixty days from the issuance of the
Joint Communique. However, both sides
have not been able to meet the deadline.
What Singapore seeks is not just a
general undertaking but a formal, legally
binding, Water Agreement which sets out
clearly the terms and conditions for the
supply of water after the present Water
Agreements run out in 2011 and 2061
respectively. This will avoid future
disagreements after the present leaderships
in both Singapore and Malaysia are
no longer around.
There had been several rounds of negotiations
before the deadline. But we had
not reached agreement on a formal Water
Agreement. We will continue discussions
with the Malaysians when they are ready.
Sir, the region is in the grips of an
economic crisis. Both Singapore and
Malaysia are affected. In times of difficulties,
both countries should enhance
their cooperation and minimize the areas
of· disagreements. The two Prime
Ministers have discussed financial cooperation
but no agreement has yet been
reached on specific measures of cooperation.
Other issues which have been discussed
include the outstanding matters relating
to the Points of Agreement (POA) on
Malayan Railway Land in Singapore and
withdrawal conditions for West Malaysians'
CPF savings. Minister Lee Boon
Vang told this House on 1st June 1998 that·
the· CPF withdrawal conditions can be
Annex 200
Investigation Report on Grounding of MT Ocean Gunard
on 6 August 1998
CA366
INVESTIGATION
INTO THE GROUNDING
OF
MT "OCEAN GURNARD"
AT SOUTH LEDGE,
OFF
HORSBURGH LIGHTHOUSE,
SINGAPORE
ON
6 AUGUST 1998
J 131s !
I 1316 j
CA366
INVESTIGATION INTO THE GROUNDING OF TANKER MT
"OCEAN GURNARD" AT SOUTH LEDGE, OFF
HORSBURGH LIGHTHOUSE ON 6 AUG 1998
Synopsis
CONTENTS
A)REPORT
l.
2.
3.
4.
5.
5.
Sequence of events leading to the stranding
Sequence of events after the stranding
Findings
Conclusion
Recommendations
B) LIST OF ANNEXES
Annex A Particulars of OG.
Annex B Statements from OG.
Annex C Certificates.
Annex D Extracts.
Annex E Chart used by OG.
Annex F Crew List of OG.
Annex G VTIS printout and Verbatim
Annex H Incident Report and MPA Press Release.
Annex I Miscellaneous Documents and Papers.
***"'****
PageNo:
2
2
5
7
10
10
CA366
A) REPORT
INVESTIGATION INTO THE GROUNDING OF TANKER MT "OCEAN
GURNARD" AT SOUTH LEDGE, OFF HORSBURGH LIGHTHOUSE
ON 6AUG 1998
SYNOPSIS
Times quoted are Singapore time.
1 On 6 August 19981 MT Ocean Gurnard (OG), a Singapore registered tanker,
ran aground at South Ledge (01°18'N 104° 24'E), about 2.3 nautical miles
south southwest of Horsburgh Lighthouse. This position is within the
Singapore Territorial Waters. OG was loaded with 12,600 tonnes of marine
gas oil at Singapore and was destined for Hong Kong when the grounding
occurred.
2. The grounding occurred at about 2100 hours with the vessel forward
compartments breached and water entered the No. I cargo hold which was
empty at that time. The vessel freed itself from the shoal and anchored about
3 cables off South Ledge Rocks. The vessel's No. 4 and 5 port cargo oil tanks
sustained large cracks and about 400 tonnes of marine gas oil leaked into the
sea and evaporated. (see Annex C, Class fitness and diver report.)The
forward main deck was awash with sea waters to a distance of about 8 metres
aft of the forepeak store and water flooded the forpeak store up to knee high
level. The water did not recede further and the vessel was not in danger of
sinking. The vessel was about 3 metres down by the head. There were neither
major oil pollution nor any injury to the crew.
3. After the vessel anchored, salvage tugs with divers were at the scene for oil
pollution control. All the remaining marine gas oil onboard the OG was
transferred to another company ship, the MT OCEAN SEAL. After the cargo
was transferred the vessel was surveyed by the vessel's Classification
Surveyor (NK Class) and certified that the ship was not in danger of sinking
and fit to proceed into port for repairs.
SEQUENCE OF EVENTS LEADING TO THE GROUNDING
4. OG was built in 1995 at Hitachi Zosen Shipyard in Japan for Ocean Tankers.
She was 120.1 metres metres in length, 21.9 metres in breadth and Gross
Tonnage of 7463 (Annex A). She has a single Controllable Pitch Propeller
2
(CPP) and is equipped with magnetic compass. gyro compass, Global
Position System (GPS) receiver, two radars (without ARPA) and radio · I
communications equipment. (see Annex A, Particulars of OG.)
5. The vessel was a tramper. Her last voyage was from Singapore to Fuzhou,
PRC. The vessel arrived at Singapore Western OPL and remained at
anchorage waiting for loading instructions. The Third Officer was transferred
from another Ocean Tanker vessels the Ocean Swift in Singapore. He had
served onboard the OG for about 3 weeks before the grounding occurred.
Since joining OG, the vessel laid at anchor waiting for loading instructions.
The Master has been working for Ocean Tankers for about 3 years and had
about 6 years experience as Master on tankers.
6. On 6 August 1998, the vessel completed loading of marine gas oil and
departed Singapore at about 1235 hours. The vessel sailed with an even keel
draught of 8.07 metres. The engine was rung "Full Away of Sea Passage"
proceeding at economic speed at about 1500 hours. The ship was making a
speed of about 11 knots.
7. The Master remained on the bridge till 1700 hours and left the bridge after
satisfying that all in order and traffic in the Singapore Strait was not causing
concern. From time to time, he would come to the bridge to check on the
traffic. He would remain on the bridge for a short period and after ensuring
that all in order, he would go to his cabin which was situated close to the
bridge and was a flight of steps from the.chart room.
6. At about 1940 hours, the duty AB (Mr. Lin RU AN) reported to the bridge for
duty. He took over the lookout watch and was informed that the ship was
steering a course 067° True. The Third Officer (Mr. See Hlaing) came to the
bridge at about 1945 hours. After checking the chart,· the ship's course and
upon satisfying himself that all were in order, he took over the navigation from
the Chief Officer at about 1950 hours.
9. The Master came to the bridge at about 2000 hours to monitor the traffic and
to check on the Third Officer as such this was the Third Officer's first
navigating watch since joining the ship 3 weeks ago. At 2015 hours, the Third
Officer took a radar fix using a bearing and distance off Tg. Setapa. (see
Annex E, chart used by OG.) At 2030 hours, another radar fix was obtained.
The Master found both the positions correct and asked whether the Third
Officer knew when to alter course and where Horsburgh lighthpuse was at
that time. The Third Officer calculated the time of course alteration at about
2040 hours and also the estimated time the vessel would be abeam to
Horsburgh lighthouse at about 2050 hours.
10. The Master further asked the Third Officer whether he knew what to report
when the vessel was abeam of Horsburgh lighthouse. The Third Officer
replied in the affirmative. The Master pointed the flashing lights of the
Horsburgh lighthouse to the Third Officer, which was about 1 point on the
vessel's port bow at that time. The Third Officer acknowledged and informed
3
the Master that he had navigated through the Strait of Singapore many times
in his previous vessels.
11. Having satisfied that the Third Officer knew what to do, the Master left the
bridge at about 2036 hours to have his snack in his cabin with the intention of
coming back on the bridge when Horsburgh lighthouse was abeam.
12. After the Master left the bridge, the Third Officer took a radar fix and went into
the chart room to plot the position. He remained in the chart room and came
out to the wheelhouse when the duty AS informed him that there was a vessel
on the starboard quarter about to overtake the ship. The Third Officer went to
the starboard bridge window and took a glance at the ship. The time was
about 2040 hours and it was time to alter course.
13. After sighting the vessel which was proceeding in the same way, the Third
Officer informed the duty AB to alter course to 080" True. This was not the
proposed course as laid on the chart. The actual course was 050° True. The
Third Officer had given the duty AB the wrong course. The duty AB went to
the steering console and adjusted the auto pilot knob and set the course to
080" True. Once the course reached 08D"True, he reported the course to the
Third Officer. The Third Officer acknowledged and went into the chartroom.
The chartroom was situated behind the wheelhouse and was separated from
the wheelhouse by a drawn curtain. The Third Officer did not check the
gyrocompass or lookout of the bridge window to see where Horsburgh
lighthouse was. (After the alteration of course, Horsburgh lighthouse was to lie
on the starboard bow and not on the port bow.) He also did not take a shi'p
position.
14. Inside the chartroom, the Third Officer filled in the deck log the position and
time the ship altered course. After completing filling the deck log I he read the
night order book and signed the book accordingly. He remained in the
chartroom for about 10 minutes and came to the wheelhouse when the duty
AS informed him that someone was calling OG on the VHF.
15. When the Third Officer was inside the chartroom, the duty AB Was keeping a
lookout. The weather was fine and visibility was greater than 6 nautical miles.
There was no moonlight and the horizon was in pitch darkness. The light from
the Horsburgh lighthouse was strong and its flashes shone into the
wheelhouse of OG. There was some traffic that was about to join the TSS at
the terminal. The duty AB saw a dark shadow right ahead and it was quite a
distance away. He could not make out what it was and thought that it was
some reflected images from the cloud. He continued to monitor further before
reporting it to the Third Officer. There was no light to indicate whether it was a
vessel.
16. A short while later, the VTIS called OG. The duty AB heard the call but could
not confirm that the VTIS was calling OG. He bent down placing his ear to the
speaker and increased the volume control of the VHF set. At the same time
he informed the Third Officer that someone was calling the ship.
4
j 1319 j
17. The Third Officer came to the wheelhouse to check the call. At this moment,
the duty AB saw the dark object appeared very close by and raised the alarm
by pointing at the dark object and calling out to the Third Officer. The Third
Officer turned towards the direction where the AB had pointed and saw the
silhouette of a bow of a vessel.
18. The Third Officer rushed to the auto pilot knob and turned the knob towards
starboard. A short while later, the ship responded and the bow turned towards
starboard. At this moment, a jolt followed by a strong vibration and the ship
listed slightly (about 1.5°) to starboard. The ship continued turning to
starboard.
19. The Master was in his cabin having his snack when he felt the ship vibrating
strong\y. He rushed onto the bridge and stationed himself at the centre gyro
repeater and lookout into the horizon for signs of any ship. At that moment, he
though that the vessel had collided with another vessel.
20. The Master saw the bow of an unlit vessel fine on the port bow and falling
backwards. He ordered manual steering and wheel hard starboard. The duty
AB changed to manual steering and placed wheel hard starboard. When the
bow of the unlit vessel was abeam of the vessel about 20 metres away, the
Master saw the funnel and realized that it was a wreck. As the vessel was
turning to starboard, the Master worried that the propeller would come into
contact with the wreck and ordered wheel hard over.
21. The helm was turned to hard port but the_ rudder indicator showed that the
rudder was at about 10° starboard. The Master saw the ship's bow continued
swinging to starboard and continuously yelled at the AB for hard port wheel.
The AB replied that the helm was hard port but the rudder remained at
starboard 10°.
22. The Master realized that the vessel was grounded and the ship's bottom was
shearing over the submerged shoal. The vessel continued to turn to starboard
despite the helm being at full port. Before the Master could stop the engine,
the vessel had turned around and the bow was heading for the wreck, which
was about 1.5 cables away. The Master ordered full astern engine and wheel
amidship.
23. The emergency alarm was sounded and the Chief engineer, Second officer
and Chief Officer came to the bridge. The other crewmembers mastered in the
emergency position with their lifejackets on. The Master ordered the Chief
Officer to forward anchor station.
SEQUENCE OF EVENTS AFTER THE GROUNDING
24. The Chief Officer closed up anchor station and reported to the Master that the
forepeak store was flooded. After going astern for about 6 minutes the Master
ordered let go anchor at about 2108 hours. At this time, the vessel's bow was
5
L
down and seawater was awash on the main deck. The radio officer who was
on the bridge asked the Master whether he should send out a distress
message. After hesitating for awhile, the Master agreed and a distress signal
was broadca.sted.
25. At about 2115 hours, the bow stopped sinking and the seawater awash on the
main deck did not advance further backwards. The seawater flooded to knee
height and advanced to about 8 metres backward from the entrance of the
forepeak store. In order to ascertain that the vessel was not sinking and taking l.)
in further water, the Master ordered the Chief Officer and Chief Engineer to
check all cargo holds and tanks.
26. At the meantime the Master contacted various parties ashore i.e. VTIS and
Ocean Tankers to advise them of the incident. The Japanese Maritime Safety
Agency called the vessel via inmarsat phone and the Master confirmed that
the vessel was no more in danger of sinking. The same message was relayed
to the VTIS. The distress message was cancelled.
27. After assessing the damage, marine gas oil about a square metre in area was
found bubbling to the surface of the seawater beside port cargo oil tanks
number 4 and 5. Oil dispersants were sprayed onto the marine gas oil.
28. At about 2200 hours, a salvage tug came alongside and took soundings all
around the ship. The sounding indicated that the vessel was not grounded at
the anchor position and there were about 32 metres of water all round the
vessel. (see Annex D, extract from the sounding record.) At the same time, oil
booms were rigged around the ship to confine the pollution. The tug crew
sprayed chemical dispersants to disperse the marine gas oil. After 3 hours,
there were no further signs of marine gas oi! leaking from the tanks. A total of
about 400 tonnes of marine gas oil were reported to have leaked into the sea.
29. On 7 August 1998 at about 1700 hours, a company tanker the OCEAN SEAL
came alongside the OG to off load al! remaining cargoes. On 9 August 1998
at about 0855 hours cargoes transferred from OG to OCEAN SEAL were
completed.
30. With the tanks gas freed, the ship's Classification (NK Class) surveyor carried
out a thorough survey on the vessel. Underwater divers suNeyed the bottom
hull and found the bottom hull from the bulbous bow to number 1 cargo tank
sustained heavy indentation and tearing of the shell plating. Extensive cracks
were found in forepeak tank, number 1 water ballast tank, forward pump
room, number 1, 4 and 5 cargo oil tanks. ( see Annex C, Certificate if fitness
and diver report.)
31. The engine and steering gears were not damaged. The surveyor was of the
opinion that the vessel was in a condition fit to proceed from the anchorage to
a repair yard in Singapore for permanent repairs. OG shifted anchorage on 10
August 1998 at about 0650 hours. She anchored at Sultan Shoal western
anchorage at about 1620 hours waiting for dock availability. The vessel went
6
I 1321 I
into Hitachi Zosen dockyard at Tuas on 17 August 1998 Noon for permanent
repairs.
FINDINGS
Condition of the Vessels
32. The safety certificates of OG was valid (see Annex C). The machinery,
steering gear and the navigational equipment was working satisfactory prior to
the grounding. All relevant nautical publications and charts were on board.
The grounding was not due to any machinery or equipment failure.
Manning (see Annex C for Master and Third Officer CoC, Annex D for Ocean
Tankers Recruitment Manual and Annex F for crew list.)
33. The vessel was manned by 21 crew consisting of 4 senior South Korean
officers, 4 junior Myanmar officers and 13 Peoples Republic of China (PRC)
ratings. At the time of the grounding, the Third Officer, a Myanmar national
was having the con and was assisted by one AB. The Third Officer holds a
valid Third Mate Certificate of Competency for foreign going trade issued by
the Government of the Union of Myanmar's Ministry of Transport, Department
of Marine Administrative. The Master holds a valid Korean First Class Deck
Officer Certificate of Competency issued by the Authorities in the Republic of
South Korea. The vessel's other deck officers and engineers were holding
appropriate certificates issued by their respective Governments. The vessel
was properly manned.
Weather and Tidal Conditions
34. The weather condition at the time of the incident was good with partly cloudy
sky and visibility greater than 6 nautical miles. The sea was calm and winds
lig.ht. The tidal stream was setting South-Westerly at about 1 knot. At the time
of the incident, the tidal height was about 1.8 metres, effectively covering
South Ledge. The weather and tidal condition were not contributory factors to
the grounding.
35. South Ledge bears about 200° T from Horsburgh Lighthouse at a distance of
about 2 miles and lies mid-point between the South and Middle Channel. It
consists of 3 steep-to rocks and only the north-most of which dries. Heavy
tide-rips or breakers always indicate it. This ledge is not marked but a wreck
(MV GICHOON) which ran aground on the rocks in 1996 is prominent and
visible to the naked eyes in all tidal conditions. When using radar, the wreck is
highly conspicuous on the radar screen. The proximity of Horsburgh
Lighthouse and other navigational aids were available to fix the vessel's
position.
7
Time and location of grounding (see Annex E)
36. According to the Master, he felt the vibration at about 2100 hours. The Third
Officer did not take down the time or position when the first vibration was felt.
Records from the VTIS verbatim showed that the VTIS operator called OG at
about 2058 hours. From the duty AB and Third Officer's statements, the ship
did not reply to the VTIS, as they were not sure who called them. About a
minute passed they felt the vibration. In my opinion, the ship was grounded
very close to 2100 hours_ as reported by the Master. The time of grounding is
insignificant in this case·.
37. Based on the Master's statement and the damage sustained as reported in
the Class surveyor's report (see Annex C), OG did not hit any of the South
Ledge rocks nor the wreck of MV GICHOON. OG ran over the 91 metre shoal
(01° 17.6'N 104° 23.6'E) which is situated at the southern most tip of South
Ledge.
Speed ofOG
38. According to the VTIS printout, the heading and speed of OG over the ground
when she· ran aground was 077° and 10.4 knots. Based on the AB's
statement, the ship was steering a course of 080° True and was in economical
full speed ahead making a speed of about 11 knots. Speed of OG was not a
contributory factor to the cause of grounding.
Movement of OG recorded by VTIS (see Annex G)
39. OG left the western OPL and reported to the VTIS. OG was infolinked and
tracked by the VTIS when she was abeam to Western Buoy. At about 2057
hours, the VTJS operator sensed that something was wrong with OG's
navigation when her projected track was heading for the South Ledge. At this
instant, OG was about 1 nautical mile outside the TSS line. The distance from
the point of alteration of course as in the chart to South Ledge was about 2.8
nautical miles. OG was steering a course of about 07r and she did not alter
course to 050° True to follow the flow of traffic. OG had at this poirit entered
the danger sector (I nautical mile radius around the South Ledge) and the
VTIS operator called OG to warn her of South Ledge Shoal that lies ahead.
(see Annex E.) Many attempts were made over the VHF to contact OG but
failed because of OG's poor lookout. In my opinion, the VTIS had done their
duty by calling the OG. It was OG's poor lookout (inclusive of hearing by
definition under the COLREGS) that caused them not responding to the
VTIS's calls.
Fitness for duty
40. Fatigue was not one of the factors that might have affected the Third Officer's
performance in this incident. The ship is a "dry" ship and liquors are not sold
8
onboard. The Master confirmed that the Third Officer was not under the
influence of alcohol when the grounding occurred.
Conduct of Navigation
41. OG 's passage plan was in place when the vessel sailed for Hong Kong. (see
Annex D, Passage plan of OG.) The passage plan clearly states that the
Officer of the Watch (OOVV) must keep clear of all shallow patches and
wrecks and to maintain a minimum under keel clearance of at least 3.5
metres. The Master's standing order also ·contained a comprehensive list of
instructions for the OOW includes the checking of courses and etc. (see
Annex D, Master Standing Order.)
42. Based on the ship's chart and the Third Officer's statement, it was evident that
the Third Officer was not following the instructions as laid down by the Master.
At the time of course alteration, the Third Officer did not check the course as
Jay on the chart and had given the wrong course to the duty AS. He also did
not take position to ascertain the ship position after a course alteration. If he
had taken a position immediately after the course alteration, he would have
realized that he had given the wrong course to the duty AB. Furthermore, he
did not supervise the execution of the course alteration. He merely allowed
the duty AB to adjust the auto pilot knob setting to the new course. The Third
Officer did not check the new course nor determine the ship's heading after
the alteration. For a prudent mariner at that time, an alteration of _course would
place the Horsburgh lighthouse on the starboard bow instead of remaining at
the port bow. The Third Officer did not bother to lookout of the horizon nor
checked his radar to see where the ship was heading. Instead he went into
the chartroom to do unnecessary and unimportant chore such as the filling of
information on the deck log book. He remained in the chartroom for too long
and no position was taken since 2036 hours to the time of grounding. Had he
taken a position at 2045 hours (based on 15 minutes interval as per Master's
standing instructions) and took appropriate action to bring the shfp back on
track, he would have averted the ship from grounded.
43. The Third Officer had worked for Ocean Tankers for about 2 years and had·
regularly sailed through Singapore and therefore transiting through the
· Singapore Strait could be considered a routine. Under such circumstances,
familiarity could lead to a relaxation in concentration and an indulgence in
non-relevant activities. A relaxed attitude due to familiarity of the area and the
good weather cannot be ruled out. His failure to plot the vessel's position
regularly was due to the fact that he was pre-occupied with non.relevant
activities.
44. Based on the Third Officer previous experience the Master felt that he could
entrust the navigational watch to him. The Master stayed on the bridge from
2000 to 2036 hours to judge the Third Officer's pertormance. After ensuring
(including pointing the location of the Horsburgh lighthouse and questioning
the Third Officer when to alter course and report to VTIS) that the Third Officer
knew what to do, the Master felt comfortable to leave the job of a routine
course alteration to him. Before leaving the bridge he also ensured that there
9
were no traffic causing concern and intended to return to the bridge before the
ship was abeam of Horsburgh lighthouse. In the interview conducted at
Shipping Division, the Master did not evade responsibility to the grounding.
Instead he showed remorseful for not staying on the bridge for another few
minutes to ensure that the ship altered its course correctly. The Master also
admitted (see Annex B, Master's statement Q 10.) that it was his mistake to
trust the Third Officer fully.
CONTRAVENTION OF REGULATIONS
45. The grounding occurred due to the failure of the Third Officer to comply with
the requirements of Regulation 18 of Chapter V of the Merchant Shipping
(Safety Convention) Regulations. This Regulation refers to the basic princ.iples
in watchkeeping outlined in Chapter VIII of the Regulations annexed to the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1978 as amended. (Annex D, extract
from Chapter 8 of STCW95,}
Regulation VIII para 24 of STCW states:
uouring the watch the course steered, position and speed shall be checked at
sufficiently frequent intervals ... to ensure that the ship follows the planned
course."
CONCLUSION
46. It is evident that the vessel ran aground in clear visibility and calm seas
because of the Third Officer's negligence. He had given the wrong course to
the duty AB to execute and he failed to fix or plot the vessel's position at
regular intervals especially after an alteration of course. He showed complete
disregard to the basic principles of watchkeeping and failed to navigate the
vessel in a professional and cautious manner as required by the ordinary
practice of good seamanship
RECOMMENDATIONS
47. I do not recommend further investigation, as it'is not likely to shed further light
on the incident.
48. Although there was neither injury nor loss of lives in this grounding incident,
serious oil pollution could have resulted if the vessel was carrying heavy fuel oil
or other hazardous cargoes. The Third Officer apparent disregard of the basic
principles of watchkeeping was serious. I recommend:
(i) that we cease to recognise his Certificate of Competency (CoC)
for employment on Singapore ships;
(ii) that he be compound fined S$1000.00 (maximum) under the
Merchant Shipping (Composition of Offences) Regulations for
10
contravening section 100 (2) (g) and (5) of the Merchant Shipping
Act (Chapter 179) for not complying with V/18 (Basic Principles to
be observed in Keeping a Navigational Watch.) of our Merchant
· Shipping (Safety Convention) Regulations; and
ffiftiii) that we send to the issuing Authortty of his CoC i.e. Republic of
the Union of Myanmar an abstract of this report without any
recommendations.
49. In this incident, the Master had checked with the Third Officer the time of
course alteration. Furthermore he had given instructions to the OOW as
recorded in the passage plan and Master Standing Instructions. The Third
Officer had acknowledged these instructions. However had he been present
at the bridge during that time, the grounding could have been avoided. The
ordinary practice of good seamanship would require a prudent Master to be
present on the bridge during a major alteration of course. I therefore
recommend that the Master be compound fined 5$250.00 under the same
regulations as for the Third Officer.
11
Annex 201
Report on Hydro graphic Survey around the Waters of Pedra
Branca, Middle Rocks and South Ledge (2003)
L
REPORT ON HYDROGRAPHIC SURVEY AROUND THE WATERS OF PEDRA
BRANCA. MIDDLE ROCKS AND SOUTH LEDGE CARRIED OUT BY THE
MARITIME AND PORT AUTHORITY OF SINGAPORE (MPA), BTR APRIL TO
13TR APRIL 2003 .
INTRODUCTION
1 Three MPA vessels, namely, "Mata lkan", "Discovery" and "Investigator"
were deployed to carry out the hydrographic survey around the waters of Pedra
Branca, Middle Rocks and South Ledge from 81
h April 2003 to 11 1
h April 2003.
The sea state was favourable for acquisition of good quality data as minimal
ambient noise was experienced. This made it possible to increase the swath
width of the multibeam echo sounder system, which facilitated faster and larger
coverage of the survey area.
2 A total of 24 personnel comprising hydrographic surveyors, technical
support, crews of vessels were deployed. Taking advantage of the daylight
hours, survey operation commenced each day at 0700 hours and completed at
1930 hours. Data processing and quality assurance were carried out daily by the
post-processing teams onboard "Mata lkan" from 0700 hrs to 2300 hours. The
survey operations were completed 2 days ahead of schedule.
OBJECTIVE OF THE HYDROGRAPHIC SURVEY
3 The objective of the hydrographic survey was to obtain 100%
ensonification of the seabed covering Pedra Branca, Middle Rocks, South Ledge,
Middle channel and South channel for the purpose of constructing a 3-
dimensional digital terrain model.
SURVEY LIMITS
4 The survey limits covered an area pf 61.23 square kilometers, bounded by
the following coordinates:
a. 01° 21.00'N, 104° 22.50'E;
b. 01° 21.00'N, 104° 26.50'E;
c. 01° 16.50'N, 104° 22.50'E, and
d. 01° 16.50'N, 104° 26.50'E;
I 1328 [
5 A plan showing the survey limits is attached as Annex A.
EQUIPMENT DEPLOYED
6 Depths were acquired using the Reson SeaBat 8101 multibeam echo
sounder system transmitting at 240 kHz, which has an operating depth of up to
500 metres (refer to Annex B). The system transmits 101 beams with each
horizontal beamwidth measuring 1.5°. The range resolution is 1.25 cm.
7 TSS POS/MV 320 model motion sensor is a DGPS aided inertial
navigation system that is integrated with the multibeam echo sounder system.
The system comprises a compact inertial measurement unit, POS/MV computer
system and two global positioning system antennas. The hydrographic survey
data acquisition system is controlled and monitored via a Windows-based
software programme.
8 Position were obtained from Ashtech Differential Global Positioning
System model GG24 providing an accuracy of± 2 metres. A reference station
was established on Horsburgh Lighthouse and the differential correction signals
transmitted via a UHF transmitter.
CONDUCT OF HYDROGRAPHIC SURVEY
9 Positional reference checks were made at the beginning and end of each
day's survey against a cut mark on Horsburgh Lighthouse jetty. The positional
integrity was monitored via the TSS POS/MV software and a maximum of± 2
metres margin of error was set. This tolerance was not exceeded throughout the
duration of survey operations.
10 Sound velocity profile of the water column were measured by a SV Plus
Microelectronics velocimeter by each survey vessel before commencement of
the survey operations, up to the maximum depth to be surveyed. The sound
velocities measured were between 1543 to 1544 metres per second throughout
the water column, which signified a well-mixed water column within the survey
area.
11 Tidal heights for the reduction of bathymetric data were measured from
the benchmark established at the southern end of the jetty. Tidal heights were
measured and recorded at 10 minutes interval.
12 Generally, survey lines were ran parallel to the seabed contour to optimize
the coverage. A 20% overlap between survey lines was planned and executed,
except in shallower waters of lesser than 10 metres, where a larger overlap area
was planned and achieved to ensure all shoals and obstructions were detected
and verified.
13 To minimize ambient noise and ensure acquisition of high quality data, the
data used for processing were restricted to 60° to 70° swath width on both
channels. A grid size of either a 1-metre or 2-metre square was set for the
acquisition of data. The selection of appropriate grid size depended on the
seabed topography ie. a smaller setting for undulating seabed terrain to ensure
better depiction of the seabed topography.
ANALYSIS OF BATHYMETRIC MEASUREMENTS
14 The multibeam sonar system was able to achieve 100% ensonification of
the seabed, which provided the data to create 3-dimensional digital terrain
models of varying grid sizes ie. from 3, 10 and 20 metres.
15 Survey results revealed that the· seabed contours generally matched that
of the charted information. It was observed that the seabed· contours lie in the
general direction of 060° and 240°. About 69% of depths were mainly between
20 to 40 metres below chart datum. The breakdown of the percentages in terms
of depth of 10-metre band are shown below:
0 - 10 metres
10.1 - 20 metres
20.1 - 30 metres
30.1 - 40 metres
40.1 - 50 metres
50.1 - 60 metres
60.1 - 70 metres
70 .1 - 80 metres
1.0%
5.0%
51.0%
18.0%
6.0%
9.0%
9.0%
1.0%
16 Within the radius of 350 metres from Pedra Branca, rock outcrops were
found lying on the east, which is linked via an underwater ridge of less than 10
metres as shown in Annex C.
17 At a radius of about 1 kilometre (0.6 nautical miles) from Pedra Branca
lying in the direction of 170° are Middle Rocks as shown in Annex D. Based on
the bathymetric results, Pedra Branca and Middle Rocks appear to be clearly
linked by an underwater ridge at the depth of less than 20 metres that curved
southward from the rock outcrops east of Pedra Branca. Photographs of Middle
Rocks at tidal height 2.2m (High water) and 0.867m (Low Water) are shown in
Annex E.
18 Further south of Middle Rocks lies South Ledge, which is about 4
kilometres (2.1 nautical miles) from Pedra Branca (in the direction of 190°) and 3
kilometres (1.6 nautical miles) from Middle Rocks. South Ledge is separated
from Middle Rocks by a channel which measures 30 to 40 metres deep at its
deepest. There appears to be a gradually sloping underwater ridge extending
north-eastwards from South Ledge towards Middle Rocks. After extending for 1.5
kilometres (0.8 nautical miles), this ridge merges into the surrounding seabed.
The remainder of the distance between South Ledge and Middle Rocks is
characterized by patches of outcrops (in the 25 to 30 metres depth range)
extending along the same axis as that of the ridge as shown in Annex F.
Photographs of South Ledge taken at different tidal heights from 2.2m to 0.867m
are shown in Annex G.
19 To the north-west of Pedra Branca, Middle Rocks and South Ledge run
the Middle Channel, with depths exceeding 60 metres.
CONCLUSION
20 From the hydrographic survey, the following conclusions could be derived
from analysis of the results:
a. Pedra Branca and Middle Rocks appear to be a single rock formation.
Based on bathymetry, there exists a clearly observable underwater
ridge at the depth of less than 20 metres that curved southward from
east of Pedra Branca linking with Middle Rocks; and
b. Although the South Ledge and Middle Rocks are separated by a
channel measuring 30 to 40 metres at its deepest, this channel is
much shallower than the Middle Channel, which runs to the north-west
of both Middle Rocks and South Ledge.
Parry S. L. Oei
Hyd rag rap her
Maritime and Port Authority of Singapore
[ 1331 I
Annex A·
SURVEY LIMITS
Annex B
MUL TIBEAM SONAR SYSTEM
SWATH WIDE TRANSDUCER
SURVEY VESSEL
I 13331
Annex C
DEPTH
O metres
10 metres
20 metres
I 30 metres
40 metres
50 metres
60 metres
11334]
DEPTH
o metres
10 metres
20 metres
30 metres
40 metres
50 metres
60 metres
Annexe
Annex E
Middle Rocks'
Tide 2.2m
Time 0948hrs
Shallow Patch
(Shown during Low tide)
Middle Rocks
Tide 0.867m
Time 1630hrs
Western Middle Rocks
DEPTH
O metres
10 metres
20 metres
30 metres
40 metres
50 metres
60 metres
I 13371
Annex F
ANNEXG
- - --·-- ·~·---~
South Ledge
Tide 2.2m
South Ledge
Tide 0.89m
I 13391
i 1340 I
Annex 202
Malaysia's Note No. EC 65/2003 dated 30 June 2003
EC 65/2003
The Ministry of Foreign Affairs, Malaysia presents its compliments to
the High Commission of the Republic of Singapore and has the honour to
refer to the incident involving a Singapore registered container vessel nMPV
APL EMERALD" which ran aground near Pulau Batu Puteh and the
consequent spillage of part of its cargo of fuel oil within Malaysian territorial
waters in and around Pulau Batu Puteh at approximately 0232 hrs on 12 June
2003.
The Government of Malaysia strongJy protests the violation of
Malaysia's territorial waters around the Malaysian island of Pulau Batu Puteh
by the Maritime and Port Authority of Singapore and other Singapore
authorities in carrying out the subsequent investigation and cleaning-up
without prior consent from the relevant Malaysian authorities.
In view of the fact· that the incident had taken place in Malaysian
territorial waters, the Malaysian Marine Department had promptly commenced
investigations into the circumstances of the incident. In this regard, the
Government of Malaysia strongly protests the actions of the Singapore Police
Coast Guard vessel PH50 which impeded the Malaysian Marine Department
Vessel Bintang Selatan from carrying out its official and legitimate activities in
and around Pulau Batu Puteh at approximately 1126 hrs on 13 June 2003.
The Government of Malaysia reiterates that Pulau Batu Puteh has
.always been part of the territory of Johor and that Malaysia has sovereignty
over the island. The waters around the said island are Malaysian territorial
waters and the airspace over the said island and over Malaysian territorial
waters surrounding the said island are Malaysian airspace.
i 1341 I
I 1342 I
The Government of Malaysia reiterates further that any and all
activities undertaken tiy Malaysia in its territory, including activities pertaining
to Pulau Batu Puteh, its surrounding waters and airspace are legitimate
exercise of its sovereignty and jurisdiction. Malaysian enforcement vessels
and aircraft including that vessels belonging to the Malaysian Marine
Department have and will continue to patrol and carry out all their normal
duties in Malaysian territorial and maritime waters and airspace in, over ano
around Pulau Batu Puteh.
The Government of Malaysia reminds the Government of the Republic
of Singapore that both countries have agreed that the issue of sovereignty of
Pulau Batu Puteh be referred to the International Court of Justice. The
Government of Malaysia further reminds the Government of the Republic of
Singapore that such actions on the part of vessels belonging to the latter, in
hindering Malaysian enforcement vessels from carrying out the legitimate
duties in the wate·rs surrounding Pulau Batu Puteh, is uncalled for and does
nothing to further Singapore's claims.
The Government of Malaysia calls upon the Government of the
Republic of Singapore to e·nsure that their vessels refrain from all such
provocative acts.
The Ministry of Foreign Affairs of Malaysia avails itself of this
opportunity to renew to the High Commission of the Republic of Singapore the
assurances of its highest consideration
Singapore High Commission
Kuala Lumpur
Putrajaya, 30 June 2003
Annex 203
Malaysia's Note No. EC 106/2003 dated 6 Nov 2003
EC 10612003
The Ministry of Foreign Affairs of Malaysia presents its compliments to lhe
High Commission of Singapore and for the record stcongly pro,ests the "iolation
of Malaysia's airspace ano territorial waters surroundinQ 1he Malaysian island of
Pulau Batu P1..1teh by aircraft and vess!i!ls of the Singapore Government, including
but not fimiteo to the fallowing incidents:
Al 1620 hrs on 16 Januaiy 2003, the Singapore Gol/ernment vessel RSS
GALLANT and. an unidentified Singapore Police Coast Guard (PCGS} vessel
were sighted in Malaysian territorial waters surrounding the Malaysian island of
Pulau Batu Putet,, At 200·5 hrs on 24 January 2003, the Singapore Government
v~-ss~I RSS DAUNTi.ESS and ttla . PCGS vessel (PH 50) were sighted in
Malaysian territorial waters white shadowing the Royal Malaysian Navy vessel
KD KELEWANG while the latter was conducting its legitimate patrol activities in
Malaysian territorial waters surrounding the Malaysian island of Pulau 8atu
Puteh.
At 1400 hrs on 25 January 2003, the Singapore Government l/essels RSS
INDEPENDENCE, RSS KALLANG and RSS PUNGGOL were sightec.1 in
Malaysian territorial waters s1..1rrounding the Malaysian island of Pu\au Batu
P..iteh.
AT 2015 !'lrs on 27 Janua(}' 2003, an unidentified Singapore Government
vessel was sighted shadowing u,e R.oya1 Malaysian Navy vessel KO PERANTAU
Yllhile the latter was conducting its legitimate pa1ro1 activities in Malaysian
territorial waters surrounding the MalaySian island of Pulau Batu Puteh.
I 13431
j 13441
At 0830 hrs on 28 Janua,y 2003, the Sin9apore Government vessel RSS
. ~ DAUNTLESS and an unidentified PCGS "essel were sighted in Malaysian
terriioriat waters shadowing the Royal Malaysian Navy vessel KO PERANTAU
while tne .latter was conducting its legitimate patrol aetivities in Malaysian
territorial waiers surro1..inaing lhe Malaysian island of Pulau 8atu Puteh. At 1445
hrs on 28 January 2003, an unidentified Singapore Government SJOORMEN
submarine vessel was sighted in the Malaysian territorial waters surrounding the
Malaysian island or Pulau Batu Puteh.
At 2020 hl'?i; on 29 January 2003, two ~nidentified Singapore Govemmetit
vessels were sighted shadowing the Royal Malaysian Navy vessel KD PANAH
wtlile the latter was cartducting its legitimate patrol activities in Malaysian
territoria, waters surrounding ttie Malaysian istand of Pulau Batu Puleh. At 2020
hrs on 29 January 2003, an unidentlfied Singapore .Ajr Force SUPER PUMA
helicopter tNas sighted in Malaysian airspace shadowing the Roya\ Malaysian
Navy vessel KD PANAH while the laner was conducting itS legitimate patrol
acti\'ities in Malaysian territorial waters surrounding the Malaysian island of Pulau
Bat1.1 P1Jteh. - At 2007 hrs on 1 February 2003, an unidenUfied Singapore Government
vessel and an unictentified PCGS vessel w~re detected in Malaysian territorial.
waters surrounding the Malaysian island of Pulau Bat1J P1Jteh.
A.t 2006 hrs on 2 Febn.iary 2003, the Singapore Government "esset RSS
UNITY ana tne PCGS vessel BLUE SHARK (PH 50) approactleo tne Royal
Malaysian Navy vessel KD PERANTAU at high speed while tne latter was
conducting its legitimate patrol activities in Malaysian territorial waters
surrounding the Malaysian island of Putau Batu Puteh.
At 2005 nrs on 3 February 2003, the Singapore Government 11essel RSS
lNDEPENDENCE and u,e PCGS vessel BLUE SHARK (PH 50) were sighted
1
snadowing u,e Royal Malaysian Na'ly' vessel KO KELEWANG white tl'le tatter
~
was conducting its legitimate patrol acthrities in Malaysian 1erritoria1 waters
surrounding the Malaysian island of Pulau Batu Puten.
At 2005 hrs on 4 February 2003, tne Singapore Government vessel RSS
FEARLESS and the PCGS \lessel SCHOOL SHARK (PH 61) were sighred
shadowing the Royal Malaysian Navy vessel KO KE~EWANG while the laner
was conducting its legitimate patrol activities in Malaysian territorial waters
surrounding 1tle Maraysian island of Pulau Satu Puteh.
Ar 2005 hrs on 5 February 2003, an unidentified Singapore Govemment
vessel was sigl°'ted in Malaysian territorial waters surrounding the MaJaySian
island of Putau Batu Puteh.
PJ 2020 hrs an 6 Februaiy 2003, the PCGS vessel TIGER SHARK (PH
54} and an unidentifieo Singapore Government vessel were sighted shadowing
me Royal Malaysian Navy "'essel rco BElAOAU while the latter was conducting
ib legitimate patrol acti\rities in Malaysian territorial waters SLtrrounding the
Malaysian island of Pu1au Bat\J Puteh. A1 1035 hrs on 6 February 2003. me
PCGS vessel TIGER SHARK (PH 54) and an unidenti~ed Singapore
Government vessel were sighted shadowing the Royal Malaysian Navy vessel
KO BELADAU While U,e Jatter was conducting its legitimate patrof activities in
Malaysian territorial waters surrounding lhe Malaysian island cf Pulau Batu
Puteh.
At 1205 hrs on 9 February 2003, the Singapore Government vessel RSS
DARING ana the Singapore Government PCGS \lessel W111TE SHARK (PH 52)
and an uniden~fied Singapore Government v~sel were sighted shadowing tne
Roya! Mala~ian Navy- vessel KO SEL.ADAU while the latter wa5 conc:lucting its
legitimate patrol -1.ctivities io Mala~ian territorial waters Si.mounding the
.-ti.,..
MalaiS,ian island of Pulau BatLJ Puteh.
113451
At 2005 hrs on 10 February 2003. the PCGS vessel SCHOOL SHARK
(PH 61) and rwo unident1fied Singapore Go11ernment 'llessels were sighted in
Malaysian territorial waters surrounding the Malaysian jsfanci of Pulau Batta
Puteh.
At 2005 nrs on 11 FeDruary 2003, tne PCGS vessel BASKING Sl1ARt<
(PH 55} was sighted in Malaysian territorial waters surro1Jnding the Malay:sjan
island of Pwla1J Batu Puteh.
At 2005 hrs on 15 Februal')' 2003, the Singapore Govemrnent vessel RSS
FREEDOM and me PCGS vessel GOBLJN SHARK (PH 60) were sighted in
Malaysian territorial waters surrcune1ing U\-a Mitlaysian island of Pula1J Ba,u
Puteh.
At 0805 hrs on 17 Februal) 2003, me Singapore Gavemment vessel RSS
SOVEREIGNTY an~ the PCGS vessel TIGER SHARK {PH 54).were.sighted in
Malaysian territorial waters surroundi11g the Mataysian island of PulaLJ Batu
Puteh.
At 1105 hra on 1 Marci, 2003, ttie Singapore Government vessel RSS
VENGEANCE and an uniden~fied Singapore Go'l/ernment vessel were sighted in
Malaysian ten'itorial waters surrounding the Malaysian island of Pulau Balu
Puteh. At 2005 hrs on 1 March 2003, the Singapore Go..,emment vessel RSS
GALLANT and the PCGS vesse\ BASKING $HARK (PH 55) were signted ill
Malaysian territorial waters surrounc1ing the Malaysian island of Pulau Batu
Puteh.
At 0955 hrs on 2 March 2003, the Singapore Government vessel RSS
GAl..LANT and the PCGS vessel BASKING SHARK (PH 55) were sighted in
Malaysian territorial waters surrounding the Malaysian isla11CS of Pulau Batu
Puteh.
4
At 1030 hrs on 9 March 2003, the Singapore Government ve5Sel RSS
~
FEARLESS and two unidentified PCGS vessels were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu P1;1teh.
At 2005 hrs on 16 Maren 2003, the PCGS vessel GOBLIN SHARK (PH
60) and an unidentified Singapore Government vessel were sighted in Malaysian
territorial wa1ers surroonding the Malaysian island of Pulau aatu Puteh.
At 0805 l'lrs on 17 March 2003, tne Singapore Government \lessel RSS
DARING and the PCGS \lessel SCHOOL SHARK (PH 51) were sighted in
Malaysian tenitrnial waters surrounding the Malaysian islaod of Plllau Batu
Puteh. AJ 2005 hrs on 17 March :2003, an unidentified Singapore Air Force
FOKKER F50 aircraft was sighted in Malaysian airspace over 1he Malaysian
island of Pulau Batu Puteh.
At 2005 hrs on 1 B March 2003, the PCGS vessels RSS GALLANT and
TIGER SHARK (PH 54) were sighted in Malaysian territorial waters surrounding
me Malaysian island of Pulau Baw Puteh.
Al 0605 hrs on 18 March 2003, the PCGS ... esseJs RSS GALLANT and
TIGER SHARK (PH 54.) were sighted in Malaysian territorial warers surrounoing
tfle Malaysian isiand of Pulau Batu Puteh. At 2010 hrs on 19 Maren 2003, tne
PCGS vessels RSS GALLANT and THRESHER SHARK {PH 57.) were sighted in
Malaysian territorial waters surrot1nding the Malaysian island of Pula1.1 Batu
Puteh. At 2010 hrs on 19 March 2003, an unidentified Singapore Air Force
FOKKER FSD aircraft was Sighted in Malaysian airspace over tl'le Malaysian
island or Pulau Batu Puteh.
At 2015 hrS on 27 March .2003, PCGS vessels RSS FREEDOM and BLUE
SHARK (PH 50) were signted in Malaysian territorial waters st.irrout'laing the
Malaysian islar,a of Pulau Ba1u Puten.
s
113471
t 1348 j
At 2005 hrs on 28 March 2003, the PCGS vessels RSS REARLESS. RSS
FREEDOM and TIGER SHARK (fiH 54) and BLUE SHARK (PH 50) were sighteo
in Malaysian territorial waters sur,01.1nding the Malaysian island of Pulau Bat1.1
Puteh.
At 2015 hrs on 29 March 2003, the PCGS vessels .RSS GALLANT. RSS
FEAR1..ESS, THRESl"\ER SHARI( {PH 57) and TIGER SHARK (PH 54) were
sighted in Malaysian territo~al waters surrounding the Malaysian island of Pt1lau
Batu P1.1teh.
At 2010 hrs on 30 March 2003, the PCGS vesselS RSS INDEPENDENCE,
RSS FREEDOM, WHITE SHARK (PH 52) and BLUE SHARt< (PH 50) were
sighted in Malaysian territorial waters surrounding tile Malaysian island of Pulau
Batu PL1teh.
At 2005 hrs on 1 April 2003, the Singapore Government 'lessels
FEARLESS, VICTORY and an unictentified PCGS vessel were sighted in
Malaysian territorial waters surrounding the Malaysian island of Pulau Baw
Puteh.
Al 2015 hrs on 3 Apt~ 200:3, the Singapore Government vessels RSS
BRAVE and PCGS SCHOOL SHARK (PH 61) were sighted in Malay$jan
territorial waters s1.moL1nding the Malaysian island of Pulau Batu Puteh.
At 2015 hrs on 4 April 2003, the Singttpore Govemment vessels RSS
INDEPENDENCE. PCGS BLUE SHARK {PH 50), RSS BRAVE anc SCHOOL
SHARt< (PH 61) were sighted in Malaysian territorial waters surrounding the
Mala)'sian is1an11 or Pulau Ba1JJ Puten.
At 2007 hrs on 6 April 2003, the Singapore Government vessels RSS
BRAVE and PCGS SHARK (PH 59) were sighted shadowing the Royal
6
Malaysian Navy vessel KD SRI SARAWAK while the latter Malaysian vessel
•
carried out its legitimate patrol activities in Malaysian territorial wa~rs
surrounding me MalaySian island of Pulau Batu Puten.
At 2005 hrs on 7 April 2003, ttie: Singapore Government vessels RSS
FEARLESS and PCGS GOBLIN SHARt< (PH 60) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu Puten. At 2007
hrs on 8 AprTI 2003, the Singapore Govemment vessels RSS FEARLESS and
PCGS TIGER SHARK (PH 54) were sighted in Malaysian territorial waters
surrounding me Malaysian island of Pulau Batu Puteh.
At 2007 hrs on 9 April 2003, the Singapore Government vessel RSS
FEARLESS was sighted in Malaysian territorial waters surrounding : the
Malaysian island of Pulau Batu Puteh.
Al 0941 hrs on 10 April 2003, the Singapore Go ... emment "essels RSS
FEARLESS and PCGS WHITE SHARK {PH 52J were sighted in Malaysian
ierritorial walers surro1.1ndin9 lhe Malaysian lstand of Pulau Batu Puteh.
At 0805 hrs on 11 April 2003, the Singapore Govemment vessels RSS
FEARLESS and PCGS THRESHER SHARX {PH 57) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu Puteh.
Al 2010 hrs on 12 AprU 2003, tne Singapore Government 11essels RSS
VIGOUR and PCGS TIGER SHARK (PH 54) were signted in Malaysian territorial
waters surrounding lhe Malaysian island of Potau Batu P1.1teh.
At 0610 hrs on 13 April 2003. the Singapore Government vessels RSS
SOVEREtGNTY and PCGS 8LACKT1P SHARK {Pti 59) were sighted in
Malaysian territorial waters surro1Jnd1ng the Malaysian island of Pulau Batu
Puteh.
7
I 13so I
At 0830 nrs on 14 April 2003, the Singapore Go'iemment vessels RSS
BRAVE and PCGS BLUE SHARk (PH 50) were sighted in Malaysian tenitortat
waters surrounding the Malaysian island of Pulau Bab.I Putett At 2010 hrs on 14
April 2003, the Singapore Govemment vessels RSS DARING and PCGS
SCHOOL SHARK (PH 61) were sigh1et1 in Malaysian territorial waters
surrounding the Malaysian iSland of PulaLI Batu Puteh. At 2010 hrs on 14 April
2003, two unidentified Singapore Government SUPER PUMA helicopters were
sighted landing on the helipad of the Malaysian island of Pulau Batu Puteh.
At 0810 hrs on 15 April 2003, the Singapore Government vessels RSS ·
DARING and PCGS SCHOOL SHARK (PH 61J were sighted in Malaysian.
territorial waters surrounding the Malaysian isrand of Pulau Batu Puteh. At 201 O
hrs on 15 April 2003, the Singapore Government vessel RSS INDEPENDENCE
and theSinga:pore Go\le,nment PCGS vessel were sighted in Malaysian territorial·
waters surrounding the Malaysian island of Pulau Batu Puteh. At 2010 hrs on 15
April 2003, an unidentified Singapore Government CHINOOK helicopter was
sighted in Malaysian airspace over the Malaysian island of Pulau Batu Puteh.
At 2020 hrs on 18 April 2003, the Singapore Govemment vessels RSS
FEARLESS and PCGS BLUE SHARK (PH 50) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu Puteh.
At 0805 hrs on 21 April 2003, the Singapore Govemment vessels RSS
INDEPENDENCE and PCGS DOLPHIN SHARK (PH 60) were sighted in
Mc1laysian territorial water~ S1Jrrounding the Malays.an island of Pulau Batu
Puteh. At 2005 hrs on 21 April 2003, the Singapore Govemmeot vessels RSS
INDEPENDENCE, DOLPHIN SHARK (PH 60), RSS FEARLESS anct PCGS
WHITE SHARK (PH 58J were sighted in Malaysian territorial waters surroLinOing
the Malaysian islanq of Pulau Bat1.1 Puteh.
8
At 1900 hrs on 22 April 2003, the Singapore Government vessels RSS
FEARLESS and RSS VALOUR• were sighted in Malaysian territorial waters
surrounding the Malaysian iSland of Pulau Bat1.1 Puteh. At 1140 hrs on 23 Aprif
2003, the Singapore Government vessel RSS FEARLESs (OPV 94} and tr-ie
Singapore Go-vemmen1 PCGS vessel were sighted in Malaysian territorial waters
surrounaing the Malaysian island of Pulau Batu Puteh. At 2005 ttrs on 23 April
2003, tne Singapore Go'le:rnment vessels RSS FEARLESS ana PCGS WHITE
TIP SHARK {PH 58) were sighted in Malaysian territorial waters surrounding the
Malaysian island of Pulau Batu Puteh.
At 0805 hrs on 24 April 2003, the Singapore Go"emment vessels RSS
UNITY and PCGS BLUE SHARK (Pl1 50} were sighted in Malaysian territorial
watera surrounding the Malaysian island of PLl!au Baw Puteh. At 0805 hrs o'n 25
April 2003, the Singapore Gcwemment vessels RSS JUSTICE and PCGS
SCHOOL SHARK (PH 61) were sighted in Malaysian territorial waters
sL1rrounding 1he Malaysian island of Pulau Batu Puteh.
At 2005 hrs on 26 April 2003, ttie Singapore Government vessets RSS
FEARLESS and PCGS GOBLIN SHARK {PH SO) were detected in Malaysian
territorial waten; surrounding the Malaysian island of Pulau Batu Pt.iteh. At 2005
hrs on 27 April 2003, tile Singapore Go'Vemment vessels RSS RES1LlENCE and
PCGS TJGER SHARK (PH 54} were sighted in Mataysian territorial waters
Sufl'01't'lding the Malaysian island of P1.1lau Ba1u Puteh.
At 2005 hrs on 28 April 2003. the Singapore Government '/esse1s RSS
UNITY, PCGS BLACKTIP SHARK (PH59J, R.SS RESILENCE and PCGS TIGER
SHARK (PH 54) were sJgrned in Malaysian territorial waters surrounding the
Malaysian island of Pulau Batu Puteh.
At 2007 hrs on 29 April 2003, the Singapore Government "essels RSS
UNITY. RSS FEARLESS and antheS;ngapore Government ?COS vessel were
11351]
sighted in Malaysian terrifC?rial waters surro~ndiog the Malaysian island of Pulau
Batu Puteh. At 0807 hrs en 30 April 20031 the Singapore Government vessels
RSS FEARLESS and ari unidentified PCGS 'Jessel were sighted in Malaysian
territorial waters surrounding tt,e Malaysian isJand of Pulau Ba1U Puten. At 0955
hrs on 30 April 2003. the Singapore Government vessets RSS FEARLESS and
PCGS WHITETIP SHARK (PH 58) were sighted in Malaysian te"itorial waters
surrounding lhe Malaysian island or Pulau Ba1u Putell. At 2007 hrs on 30 April
2003, the Singapore Government ~ssel RSS FEARLESS and an unidentified
Singapore Go\'ernment FEARLESS CLASS vessel were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu P~en. At 2007
hrs on 30 April 2003, the Singapore Government vessels RSS SEA WOLF.and
RSS SEA SCORPION were also sighted within Malaysian territorial waters ·
s~rrounding the Malaysian island of Pulau Batu Puteh.
A1 2007 nrs on 1. ,May 20031 Singapore government vessels FEARLESS
and an unidentified PCGS vessel were sighted in Malaysian territorial waters
surrounding the Malaysian island of Pulau Batu Puteh. At 2007 hrs on 4 May
2003, the Singapore Government "essels RSS DARING, RSS UNITA and PCGS
SCHOOL SHARK {PH 61) were sightea in Malaysian territorial waters
surrounding the Malaysian island of Pulau Batu Pu1eh.
At 0810 hrs on 5 May 2003, me Singapore Government 'tessels RSS
UNITY and PCGS SCHOOL StiARK (PH 61) were sighted in Malaysian territorial
waters S1Jrto1.1nding the Malaysian islana of Pulau Batu Puten. JU 2015 hts on 5
May 2003, the Singapore Government vessel PCGS BLACKTIP SHARK (PH 59}
and an unidentified Singapore Government warship were sighted in Malaysian
territorial waters surroi.Jnding the Malaysian island of Pulau Batu Pute!l.
At 1436 hrs on 6 May 2003, tne Singapore Government vessel RSS
INDEPENDENCE was sighted in Malaysian temtona\ waters sc.,rrounding the
Malaysian island of Putau Batu Puteh. At 1706 hrs on 6 May 2003. the
10
Singapore Government vessels RSS ENDURANCE was sighted in MalaySian
territorial waters surrounding me Malaysian island of Pulau Batu Puteh. Al 0615
hrs on 6 May 2003, the Singapore Government vessel PCGS BLACKTIP SHARK
(PH 59) and an unidentifi~ Singapore Government warship were sighted in
Malaysian territorial waters surrounding the Malaysian island of Pulau Batu
Puteh.
At 2010 hrs on 8 May 2003, thl! Singapore Govemm~nt vessets RSS
GALLANT and PCGS BLACK TIP SHARK (PH 59) were sighled in Malaysian
territorial waters surrounding the Malaysian island of Pulau ~atu Puteh.
At 0815 hrs on 9 May 2003, the Singapore Govemment vessels RSS
GALLANT and PCGS WHITE SHARK (PH 52) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Putau Batu Puteh. At 1400
hrs on 9 May 2003, three llnidentified Singapore Government aircraft a SUPER
SKYHAWK. a PC3 ORION and a SUPER PUMA helicopter was sighted in
Malaysian airspace over landing on the Malaysian island cf P1.1la1.1 Batu Puteh. At
2030 hrs on 9 May 2003, the Singapore Go'Vemment vessels RSS DARING and
PCGS WHITE SHARK (PH 52) were sighted in Malaysian territorial waters
surrounding the Malaysian island of Pulau Batu Puteh.
At 0830 hrS on 10 May 2003, the Singapore Government vessels RSS
DARING and PCGS WHITE SHARK (PH 52) were sighted in Malaysian territorial
waters surrounding the Malaysian island of Pulau Batu Puteh. At 2005 hrs on 10
May 2003, the Singapore Government vessels RSS RES1ELENCE ancs
THRESHER SHARK (PH 57) were si9111ed in Malaysian territorial waters
surrounding tne Malaysian island of Pulau Batu Puteh.
At 0805 hrs on 11 May 2003, tne Singapore Go"emment vessels RSS
RESIELENCE and PCGS WHITE SHARI< {PH 52) were sighted lti Malaysian
territorial waters S\Jrrounding the Malaysian islana of Pulau Batu P\Jteh. At 2010
I\
hrs on 11 May 2003, two unidentified Singapore Government vessels were
sighted in Malaysian territorial ·walers ,urrounding ttle Malaysian island of PulaiJ
Batu Puteh.
At 0825 hrs on 12 May 2003, the Singapore Government vessets RSS
FREEDOM and PCGS WHITETIP SHARK (PHS8) were sighted in Malaysian
territorial waters suffoundil'lg the Malaysian island of Pulau Batu Puteh. At 2001 ·
hrs on 14 May 2003, two unidentified Singapore Government ..essels were··
sighted in Malaysian territorial waters surrounding ttie Malaysian istand of Pi:ilau: ·
Batu Puteh.
At 2007 tars on 1 s May 2003, the Singapore Government vessel RSS
INDEPENDENCE and unidentified PCGS vessel were sighted in. Malaysian':
territorial waters surrounding the Malaysian island of Pu\au Satu Puteh. At'2007·
hrs on 16 May 2003, the Singapore Government vessel FEARLESS and •an
unidentified PCGS vessel were sighted in Malaysian territorial waters·
surrounding the Malaysian .island of Pulau Batu Pt.iteh. At 2007 hrs on 16 May
2003, two unidentified Singapc,re Government aircraft were aetected in
Malaysian airspace over Ule Malaysian ls1ane1 of Pulau Batu P1Jteh.
At 2007 hrs on ,1 May 2003, the Singapore Government vessel
FEARLESS and an unidentifted PCGS "essel were sighted in Malaysian
terri1orial waters surrounding· the Malaysian island of Pulal.l Batu Puteh. At 2007
hrs on 18 May 2003, the Singapore Govemment vessel FEARLESS and an
unidentified PCGS \lesse1 were sighted in Malaysian terrilorial waters
surrounding the Malaysian island of Pulau Batu Puteh.
At 0800 htS GI'\ 23 May 2003, the Singapore Government "essel RSS
S0VERE1GNTY and an unidentifiea PCGS .vesse1 were sigh1ed in Malaysian
terri1oria1 waters s1,1rrounding !he MaJay..ian island of Pu/au Batu Puteh. At 2030
hrs on 23 May 2003, the Singapore Gov"emment vessel RSS GALLANT PCGS
12
was also sighted in Malaysian territorial waters surrounding the Malaysian island
of Pulau Satu Puten. "
At 0830 hrs on 24 May 2003, tt,e Singapore Go11ernment OPV vessel was
sighted wittlin Malaysian territoriat waters surrounding the Malaysian island of
Pula" Eh1t1.1 P1.1teh. At 2005 hts on 24 May 200S, 1he. Singapore Govemn'\ent
"essel RSS BRAVE ano an unidentified PCGS vessel were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulao BatLI Puteh.
At 0830 hrs on 25 May 2003, the_Singapore Government vessels RSS
SAAVE and an unidentified PCGS vessel were sighted in Malaysian terriK>rial
watera surrounding the Malaysian island of Pulau Batu Puteh. At 2030 hTS on2S
May 2003. the Singapore GO\lemmenl ~essel RSS DARING and an uniaentified
PCGS vessel were sighted in Malaysian territorial warars surrounding 1he
Malaysian island of Pulau Batu Puten.
At 0830 hrs on 26 May 2003, the Singapore Government vessels RSS
DARING and PCGS BLACKTIP SHARK were sighted in Malaysian territorial
waters surrounding me Malaysian island of Pu tau Batu Pl,teh. At 1 SOO hrs on 26
May 2003, the Singapore G·ol/emmen1 vessels RSS OARJNG, RSS RESILIENCE
and PCGS GOSLIN SHARK (PH 60) were sighteCI in MaJaysiao territorial wate,s
surrounding the Malaysian ,sl~ncl of Pulau Batu Puteh. At 1500 nrs on 26 Mat
2003, an unidentified Singapore Govemmenl FOKKER aircraft was detected
flying in MalaySian airspace 0>1er the Malaysian island of P&.IJau Batu Puteh. At
1600 hrs on 26 May 2003, me Singapore Government vessels RSS DARING.
RSS RESILJENCE and PCGS GOBLIN SHARK (Pl"f 60) were sighted in
Malaysian territorial waters surrounding the Malaysian island of Pulau Batu
Puteh. At 20.10 .. hra on-·2S-May 2003, !!1e -Sir.;3pc~-Govemment-·-JeSsels-P..SS
RES1LENCE and PCGS GOBLIN SHARK (PH 60) were $ignted in Malaysian
territorial waters surrounding tne Malaysian iSland of P1.1lau Batu Puteh.. At 2010
u
11356 I
hrs on 26 May 2003, two unidentified Singapore Government jet fighlers were
s;ghted in Malaysian airspace o"e"r the Malaysian island af Pula1.1 Batu Puteh.
At 2007 hrs on 27 May 2003, ttia Singapore Government vessel
FEARLESS and un identified Singapore Government PCGS vessel were sighted
in Malaysian territorial waters surrounding tl'\e Malaysian island of Pulau -Batu
Puteh.
At 2007 hrs on 28 May 2003, the Singapore Government vessels RSS
. · SOVEREIGNTY, RSS SEA HAWK. RSS DAUNTLESS, the SEA. WOLF ancftwO.
unidentified Singapore Government VICTORY class vessels were sighted:<inr
Malaysian territorial waters surrounding the Malaysian island of Pula11 '.Sak.I-
. .
Puteh. At 2007 hrs on 28 May 2003, two LJnidentified Singapore Go~emmentF.:16
jet fighters were flying in 1tte Malaysian airspace O'\l'er the Malaysian islano 1of
Pulau Batu Puteh. At 2007 hrs on 28 May 2003, an unidentified Singapore
Government SUPER PUMA heJicopler was sighted landing on the helipad of the
Malaysian island of PLJlau Batu Puteh.
At 2007 hrs on 29 May 2003, tne Singapore Government vessel
FEARLESS, VICTORY an unidentified PCGS vessel were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulaia Batu Puteh. Al 2007
hrs on 30 May 2003, the Singapore Govemment vessel FEARLESS and an
unidentifiea PCGS vessel were signtec in Malaysian territorial waters
surrounding the Malaysian island of Pulau Batu Puteh. At 2007 hrs on 31 May
2003, the Singapore Government vessel FEARLESS and an unidentified PCGS
vessel were signted in Malaysian territorial waters surrounding lhe Malaysian
tsland of Pulau Batu Puten.
At 2007 nrs on 1 June 2003 the Singapore Go"emment '1esse1s RSS
FEARLESS and an unidentified Singapore Police Coast Gual'Cl Vessel (PCGS)
were sighted in Malaysian territorial waters surrounding tne Malaysian island of
Pulau Batu Puten.
14
At D81 o hrs on 4 June 2003, the Singapore Government vessels RSS
FEARLESS and an unidentified PCGS vessel were sighted in Malaysian
terfnorial waters surrounding the Malaysian island of Pulau 8atu Puteh. Al 2030
l'\rs on 4 June 2003, the Singitpore Government vessels RSS FEARLESS and
two unidentified PCGS vessels were sighted in Malaysian territorial waters
surrounding the Malaysian iSland of F'~lau Batu P1.1ten. At 2030 hrs on 4 June
2003. an unidentified Singapore GO\'ernment FOKKER F 50 aircraft wa.s si9tlled
in Malaysian airspace o'ler the Mataysian island of Pula~ Ba11.1 Puteh.
',, .....
'
At 0830 hrs on 5 J\.4ne 200~!- the Singapore Government vessels RSS
FEARLESS and an ur,identified PCGS vessel were sigtl1ed in Malaysian
territorial waters surrounding the Ma12,1ysian island of PL1lau Bab.I Puteh. At 2030
hrs ,on 5 June 2003, the Singapore Government 11essels RSS FEARLESS. PCGS
GOBLIN SHARK (PH 60)- and two _unidentified PCGS vessels were sighted in
Malaysian territorial wa~rs S1.1rroundin9 the Malaysian islant1 of Puiau Batu
Putel'I.
At 0830 hrs on 6 of June 2003, Ille Singapore Government ws:sels RSS
OARiNG and PCGS GOBLIN SHARK were sighted in Malaysian territorial waters
surrounding 'lhe Malaysian island of Pulau Batu Puteh. At 2010 hrs on 6 Ji.,ne
2003. ?he Singapore Government's lleSsels RSS FEARLESS and PCGS TIGER
SHARK were sighted in Malaysian territorial waters surrounding tne Malillysian
island of Pulau Batu Puteh.
Al OS30 tus on 7 of June 2003 Ule Singapore Government vessels RSS
FEARLESS and PCGS TIGER SHARK {PH 54) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu Puten. At 2030
hrs. c,n 7 June 2003, the Singapore Government vessets RSS FEARLESS and
PCGS TIGER SHARK {PH 54) were also sightecl in Malaysian territorial waters
surrounding the Malaysian island of Pulau Batu Puteh.
1S
[ 1358 j
At 0810 hrs on 8 of June 2003, lhe Singapore Govemment vessels RSS
SOVEREIGNTY and PCGS TtiRESHER StiARt< 'PH 57) were sighted in
Malaysian territorial waters surrounding the Malaysian island of Pulau Bat11
Puteh. At 2005 hrs on 8 June 2003, tne Singapore Government vessels RSS
FEARLESS and PCGS WHITE SHARK (PH 52) were sighted in Malaysian
temtorial waters surrounding the Malaysian is1and of Pula1J Bau. _Puteh.
At 0810 nrs on 9 June 2003, tne Singapore Govemment vesseis RSS
FEARLESS and PCGS WHITE SHARK (PH 52) were s,ghted in Mala~an
·- territorial waters surrounding the Malaysian island of P\llau 8at11 Puten. At,~15
hrs en 9 JLJO& 2003, the Singapore Government \'essels RSS FEARLESS.-and
- PCGS THRESHER SHARK {PH 57) were sighted in MalaySian territorial water.s
surrounding the Malaysian island of Pulau Batu Puteh. At 201s hl'S on 9 J~.me-
2003, an unidentified Singapore Go>1emment FOKKER F 50 aircraft was sightea -
in Malaysian airspace over the Malaysian is,and of Pulau Batu Puteh.
Al 0830 hts on 10 June 2003. the Singapore Govemmem vessels RSS
FEARLESS and PCGS THRESHER SHARK (PH 57) were sighted in MalaySian
territorial waters surrouruling the Malaysian island of Pulau Ba.tu Puteh. At 2005
hts, on 10 June 2003, the Singapore Government vessels RSS SOVEREIGNTY
and PCGS WH1TETIP SHARt< {PH 58) were sighted in Malaysian territorial
waters 5urrounding the Malaysian island of Pulau Batu Puteh. At 2005 hrs, oo
10 June 200~. three Singapore Government airerafts RSAF SUPER St<YHAWI(
and an unidentrfied Singapore Government FOKKER F 50 aircraft was sighted in
Malaysian airspace o\ler the Malaysian islan<l of Pulau 8atu Puteri.
At 0810 hrs on 11 June 2003, the Singapore Government vessels RSS
SO\IERElGNTY and PCGS WHITETtP SHARK {PH 58) were signtect in
Malaysian territorial waters surrounding the Malaysian island of Pu1au Batu
Puteh. At 1300 hrs on 11 June 2003, the Singapore Government vessels RSS
VENGENCE, RSS VALIANT and R,SS DAUNTLESS were sighted in Malaysian
16
territorial waters SLlrTth.incling the Malaysian island of Pulau Batu Putet1. Al 2030
hrs on 11 June 2003, the Singapore Govemrnent vessels RSS VENGENCE ano
PCGS BLACKTIP SHARK (PH 59) were also sighted in Malaysian territorial
waters surrounding the Malaysian island of Pufau Balu Puteh.
At 2014 hrs en 12 J1Jne 2003, the Singapore ·Go>1ernmen1 "essels RSS
JUSTICE and PCGS BLACKTJP SHARK (PH 59 were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu Puteh.
At 2020 hrs on 13 June ·20os; the Singapore Go\le:mment vessels RSS
BRAVE and PCGS BLUE SHARK (PH 50) were sighted in Malaysian territorial
waters surrounding the Malaysian island of Pulau BatlJ Pt1teh. At 1230 hrs on 14
June 2003, the Singapore Govemmenl vessels RSS FEARLESS and PCGS
BLACKTIP SHARK (PH 59j were sighted in Malaysian territorial waters
surrounding the Malaysian island of P1.1laL1 BatiJ Poten.
Al 0814 nrs on 16 June 2003~ the Singapore Government vessels RSS
FREEDOM and PCGS SCHOOL SHARK (PH 61) were sighted in Malaysian
territorial waters surrounding Ule Malaysian island of Pulau Batu Puten. AI 2010
hrs on 17 June 2003 antheSingapore Go\l'emn,ent vessels RSS DAUNTLESS
and PCGS WHrTETIP SHARK (PH 58) were sighted in Malaysian territoriaJ
waters surrounding the Malaysian island of Pulau Batu Puteh.
At 1030 hrs on 18 June 2003, the Singapore Government vessel RSS
DAUNTLESS were sighted in Mala:,sian territorial waters surrounding !he
Malaysian is1ant1 of Pulau Bat\J Puleh. At 1120 hrs on 16 June 2003, the
Singapore Government vessels RSS DAUNTLESS and PCGS VVHITETIP
SHARK were sighted in Malaysian territorial waters surrounding the Malaysian
island of Pulau Ba1u Puten. At 1740 hrs on 16 June 2003, Ute Singapore
Government vessels RSS FREEDOM, RSS VENGENCE and antheSingapore
Govemment warship were sighted in Malaysian territorial waters surrounding the ..
Ma1aysian island of PulaLI 8;;1tu Puteh.
ftJ. 2030 l'\rs on 19 June 20031 the Singapore Government "Vessels RSS
JUSTICE and PCGS BLUE SHARK (PH 50) were sighted in Malaysian territorial
waters surrounding V'le Malaysian Island of Pulau Batu Puteh. At 2020 hrs on 20
Ji.me 2003, the Singapore Govemmen1 vessels RSS FREEDOM and PCGS
BLUE SHARK tPH 50) were Signted in Mala~sian territorial waters surrounding
the Malaysian island of Pulau Batu Puteh.
At 2020 hrs on 21 June 2003, tne Singapore Government vessel RSS
FEARLESS and an uniaentified PCGS vessel were sigl'll~ in Malaysian
~itorial waters S\mounding the Malaysian iS1and of Pu1au Bahl Putet1. At 2045 · ·
hrs on 22 June 2003, the Singapore Government vessels RSS _FEARLESS· and
PCGS BLUE SHARI< {PH 50) were sighted in Malaysian territorial warers·:
surrounding tne Malaysian island of Pulau Batu Puteh.
At 2020 hrs. on 23 JL1ne 2003, n,e Singapore Government vessels RSS
FREECOM, RSS SOVEREIGNTY, PCGS WHITETIP SHARK (PH 58) and
PCGS SCHOOL SHARK (PH 61} were ~ghted in Malaysian territorial waterS
surrounding the Malaysian island of Pulau Batu Puteh.
Al. 2020 hrs on 24 June 2003, the Singapore Ga\temmenr vessels RSS
SOVEREIGNTY and PCGS SCHOOL SHARK (PH 61) were sighted in
MaJaysian terntorial wa1ers surrounding tr,e Malaysian island of Pulau Batu
P"'teh. A.t 2030 hrs on 25 Jt1oe 20031 1he s;ngapore Government 'Vessels RSS
DAUNn.ess and PCGS SCHOOL SHARK (PH 61) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Batu Puten.
Al 0820 hrs on 26 June 2003, the Singapore Govemmen1 vessels RSS
RESILENCE. PCGS SCHOOL SHARK (PH 61) and FEARLESS were sighted in
18
Malaysian territorial waters surrounding lhe Malaysian island of Pulau Batu
Puteh. At 2000 hrs on 26 June ~003, me Singapore Govemment vessels RSS
RESILENCE and PCGS BLACKTIP SHARK (PH 59) were sighted in Malaysian
terrilorial wa1ers surrounding the Malaysian island of Pulau Balu Puteh.
At 2010 hrs on 27 June 2003.. u,e Singapore Government vessels RSS .
RESILIENCE and PCGS WHITETIP (PH 58) were sighted in Malaysian territorial
waters surrounding the Malaysian island of Pulau Batu Puten.
At 0820 hrs on 28 June 2003, the Singapore Government vessels RSS
RESILIENCE and PCGS WHlTETIP (PH 58) ware sighted in Malaysian territorial.
waters surro"nding the MalaySian island of Pulau Batu Puteh. At 2010 hrs on 28
June -2003. the Singapore Go11emment vessels R.SS DAUNTLESS and PCGS
WHITE SHA.Rt< (PH _52) were sighted in Malaysian territorial waters surrounding
Ule Malaysian islan<J of Plllau Batu Puteh. At 1720 hrs on 26 June 2003 the .
Singapare Govemment aircraft FOKKER f 50 were aetected flying in the lower
allitud~ of the Malaysian airspace over the Mataysian isJand of Pulau Baru Puteh.
Ar 201 D tlrs on 29 June 2003, the Singapore Govemmerat vessels RSS
DA\JNTL.ESS and PCGS SCHOOL SHARK-lPH 61) were sighted in Ma1ay"an
terfitotial waters surrounding the Malaysian isJana of Pulau Batu Puteh.
At 2000 hrs on 30 June 2003, the Singapore Government vesselS RSS
DAUNTLESS, RSS RESILIENCE, PCG S SCHOOL SHARK (PH 61) and PCGS
WHITE SHARK !PH 52) were sighted in MalaySian territor~! wa1ers :surrounding
tne Malaysian island of Pulau Salu Puteh.
At 0805 hrs on 2 Jufy 2003_, the Singapore Government vessels RSS
SOVERERIGNTY and PCGS BLACKTIP SHARK tPH 59) were sighJea in
Malays,an territorial waters surrounding the Malaysia,, is1ana of Pulau Batu
Puteh. At 2007 hrs on :3 July 2003, the Singapore Govemmenl v&SSels
19
j 1361 J
FEARLESS and PCGS SCHOOL SHARK (PH 81) were sig/'1ted within Malaysian
tenitorial waters surrounding the Malaysian island of Pa,\ai, Batu Puteh.
At 0807 hr:s on 3 July 2003. four Singapore Government aircrafts RSAF
SKYHAWK were detected 1n MalaySian airspace over the Malaysian island of
Pulau Batu Puteh. At_ 2007 hrs on 3 July 2003, the Singapore Govemmenr
vessels RSS BRAVE, PCGS BL.ACt<TIP StiARK (PH59) and FEARLESS
CLASS were sighted in Malaysian temtorial waters surrounding tne Malaysian
island of Pulau Batu Putetl.
At. 2030 hrs. on 5 J1.dy 2003, 1he Singapore Govemment vessels RSS
FREEDOM and PCGS MAKO SHARK were sighted in Malaysian territorial
waters s...rroa,nding the Mala)lsian island of Pulall Baru ?uteri. At 20D7 hrs ·on 6
Jllly 2.003, the Singapore Go-.,emment vessels RSS FREEDOM and PCGS
TIGER SHARK (PH 54) were sighted in Malaysian territorial waters surrounding
the Malaysian iSland of Putau Satu Puteh.
At, 2007 hrs on 9 July 2003, the · Singapore Govemment vessels RSS
FEARLESS and PCGS THRESHER SHARK (PH57) were sighted in Malaysian
territorial waters surrounding tne Malaysian island of Pulau Batu Puteh. At 2007
hrs on 10 July 2003, lhe Singapore Government "essels RSS FEARLESS, RSS
FREEDOM arid PCGS WHITETIP SHARK (PHSB) were sighted in Malaysian
territorial waters surrounding me Mataysian island of Pulau Batu Puteh.
Ar 0807 nrs on 12 July 2003, the Singapore Go\lemment vessets RSS
BRAVE and PCGS SANDBANK SHARK (PH 56) were sighted in Malaysian
terrilorial waters surrounding the Malaysian island of Pulau Batu Puteh. At 2007
hrs on 12 July 2003. the Singapore Go\l'ernment "8SSels RSS FEARLESS and
PCGS BLACKTIP SHARK (PH 59) were observed approai::-hing tne Malaysian
territorial waters surrounding tl\e Malaysian iSland o1 P1.11au Bahl .Puteh.
20
At 0807 hrs on 13 July 2003, tne Singapore Govemment vessels RSS
FEARLESS and PCGS SANDBAR SHARK (PH 56) were sighted in Malaysian
territorial waters surrounding tha MaJaysfan island of PulaIJ Satu Puteh- At 2007
nrs on 13 Juty 2003, 1he Singapore Government vesse)S ~ss RESILIENCE,
~SS FEARLESS, PCGS SCHOOL SHARK (PH 61) and PCGS SANDBAR
SHARK (PH 56) were sighted in Ma1a;,sian territorial wa,:ers surrounding the
Malaysian island of Pulau Batu Putat\.
Al 2010 nrs on 15 Jul!f' 2003, two unitlenti1ied Singapore Ga"Vemment
vessels were sighted in Malaysian territorial waters surrounding v,e Malaysian
island of PulalJ. Batu Puteh. At 2020 hrs on 17 July 2003, the Singapore
Government vessels RSS FREEDOM and PCGS WHITETlP (PH 50) were
sighted in Malaysian territorial waters surrounding lhe Malaysian island of Pula1.1
8atu P1.1ten to the tlirectoo of the Mala)lsian island of Pu1au Baru Puten_
Al 2010 hrs on 19 Juty 2003, me Singapore Government vesselS RSS
BRAVE and PCGS BLACKTIP SHARK (PH 59) were 5ighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau aatu Puteh. At 2010
hrs on 20 July 2003, two unit1entified Singapore Gcwemment vessels were
sighted in Malaysian territorial waters surrounding the Malaysian islano of Pulau
Batu Puteh.
At 2003 hrs on 23 July 2003, the Singapore Government "essels RSS
DAUTNLESS and PCGS were sighted in Malaysian territorial waters surrouncung
me Malaysian island of Pulau Batu Puteh.
At 2010 hr.; on 25 July 2003, the Singapore Go"Vernment vessels RSS
INDEPENDENCE and PCGS BLACKTIP SHARK (PH 58) were sighted in
Malaysian territorial waters surroonding tne Malaysian island of Putau Batu
Puteti.
2l
At 2003 hrs on 26 July 20., 03, the Singapore Government vessels RSS
SOVER.EIGNTY and PCGS GOl:ILIN SHARK (PH 60) were sighted in Malaysian
territorial waters surrounding the Mataysian island of Pulau Batu P1.1teh.
At 2003 hrs on Z1 July 2003, the Singapore Government vessels RSS
VA.LOUR and PCGS TIGER SHARK were sighted in Malaysian territorial waters
surrouoeling me Malai5ian island of Pulau Batu Puts!"I.
Al 2003 hrs on 28 July 2003, the Singapore Government's "essels RSS
DAUNTLESS and PCGS TRESHER SHARK (PH 57) were sighted in Malaysian
territorial waters surrounding the Malaysian island of Pulau Balu Puten.
At 2020 hrs on 29 July 2003, 1he Singapore's Go..,emment vessels RSS
SOVEREIGNTY, RSS INDEPENDENCE, PCGS WHITETIP SHARK and PCGS
BASKING SHARK (PH 55) were sighted in Malaysian territorial waters
surrounding the Malay5ian island of Pulau Batu Puteh. At 2015 hrs. on 30 July
2003 lhe Siogapore·s Go\remment vessels RSS SOVEREIGNTY, .RSS
DAUNTLESS, PCGS Wf-UTETIP SHARK and PCGS BASKING SHARK (PH55)
were sighted in Malaysian territorial ~aters s~rrounding 1he Malaysian island of
Pulau Batu Puteh. At 2020 hrs on 31 July 2003, the Singapore Government
vessels RSS DAUNTLESS. PCGS WHITETIP (PH 58) and PCGS SANDBAR
SHARK (PH 56) were sighted in Malaysian territorial waters surrounding the
Malaysian island of Pulau Batu Puten.
10 view of the abo"e. the Government of Malaysia reiterates its srrong
protest over the presence of vessels a;,;;f""aircraft belonging to the Singapore
Governmem in Malaysian territorial "Waters and airspace surroun'3.ing the
Malaysian island of Pulau Batu Puteh.
The Goverriment of Malaysia reiterates t/'la? Pulau Batu Puteh has always
been part of the temu,ry of Johor ana that Malaysia has sovereignty over 1he
2J
island. The waters around tlie said i:sland are Malaysian territonal waters and the
airspace ever the said island and over Malaysian territorial waters surrouoding
the said island is Malaysian airspace.
The Govemment of Malaysia is concerned over the incident of 2 February
2003 during which the Singapore Government 'Vessel RSS UNITY and the PCGS .
vessel BLUE SHARK (PH 50) approached the Royal Malaysian Navy "essel KO
PERANT AU at nigh speed while me latter was CQnducting its legitimctle pi!llu.>I
activities in Ma1aysi811 territorial waters surrounding the Malaysian island of P1.1b:l_u, .
Batu Putah. The Government of Malaysia cans upon the Government of.,the ·
Republic of Singapore to ensure that their vessels and aircraft refrain from ar,1y_.
and all dangercn.,s manoetnr,es or to otherwise hinder Malaysian vessels .from.
carrying out their legitimate duties in the waters surrounding PulalJ Batu Puteh.. :.·:~.
The Govemment of Malaysia reminds the Government of tne Republic of
Singapore that both countries have agreed that the issue of soverei9n1y of P,ulau
Batu Puteh-be referred to the International Court of Justice. The Government.of
Malaysia further reminds me Government of the Republic of Singapore that tne
presence of aircraft in Malaysian airspace Gllef the Malaysian islana of Putau
Batu Putel'I or on Ehe Malaysian island of Pula1.1 Batu Puteh. Jhe presence of
vessels belonging to the latter in Malaysian territorial waten. surrounding tl\e
Malaysian island of Pulau Batu PlJteh is uncalled for and aoes notning to furtner
Singapore's claims.
The Ministry of Foreign Affairs of Mataysia avails itself of this opportunity
10 renew to me High Commission of the Republic of Singapore the assurances of
its hignest eons;e1eration.
Singapore HiSh Commission
Kuala Lumpur
23
Putrajaya, 6 Noverrmer 2003
Annex 204
Malaysia's Note No. EC 109/2003 dated 6 Nov 2003
EC 1D9120QJ
The Ministry of Foreign Affairs. Malaysia presents its compliments to the High
Commission of the Republic of Singapore and has the t,onour to refer to the
Diplomatic Notes from the Ministry of Foreign Affairs of the Republic of Singapore
MFA/PD1/00063/2003 dated 8 August 2D03 and MFA1PD1/00050J2003,
MFA/PD1/00051/2003, MFAIPDl/00052/2003 and MF.AJP01/00053/2003 dated 8
~uly 2003 respectively.
Toe Government of Malaysia categorically rejects the con1ent'ion of the
Government of me Republic.of Singapore. that the incident involving a Singapore
registered con1ainer vessel "MPV APL ~MERALD" which ran aground near Pulau
Batu Puteh anc:J the eonseq1Jent spillage of part of its cargo of fuel oiJ, occurred in
Singapore's territorial waters. The Go\lamrnent of Malaysia also strongly rejecis the
contention of the Gowrnment of Ule Repur,lic of Singapore tn.at 1he Maritime and
Port Authority of Singapore ana other Singapore authorities ha...e the authOri,y to
conduct the investigations and cleaning-up operations without prior consent from the
relevant Malaysian authorities.
In this regard. the Government of Malaysia categorically rejects the contention
of the Go't'ernment of the Republic of Singapore that the Royal Malaysian Navy
patrol craft KO Sri Sarawak, KO Badek, KO Sundang and KO Kelewang between 1
February 2003 to 30 March 2003, the Rayat Malaysian Navy patrol cra1rs KD
Sundang and KO Kelewang between 6 April 2003 to 28 April 2003 and the
MataySian Marine Department Bintang Selatan on 13 June 2003, 16 June 2003 ana
18 June 2003 intruded into Singapore's Terrilotial Waters around Pulau Bak.I Puteh.
The Government of Malaysia also ca1egoricauy rejects tne contention of the
Go\l&mment of the RepubJ,c of Singapore that me Royal Malaysian Air Fotce 8200
aircraft on 28 May 2003 irrtrud~ into Singapore's 1erritoria1 airspace araunc, Pulau
Batu Puteh. The Govemment of Malaysia a1so strongly rejects the assenions by the
Republic of Singapore that aforementioned Malaysian Navy patrol craft. the
Malaysian Marina Depa~ment Bint.ang Selatan and the Royal Malaysian Air Force
B200 executed manoeuvres that we1e inconsistent with the right of passage.
The Government of Malaysia affirms that Pulau Balu PLJteh is Mala)'Sian
territory, the airspace over Pulau Batu Pu1eh and the surrounding waters are part of
Malaysia's airspace and the waters around it are pan of Malaysia's territorial and
maritime waters as depicted in the Territorial Waters and COntinental Shelf
Bounaaries of Malaysia Map of 1979.
The Government of Malaysia reiterates that Pulau Batu: Puteh has alv.,ays
oeen part of ttte territory of Johor and tnat Malaysia has sovereignty over tne is1and. -
Thewaters arowml the said islane1 are Malaysian 1erritoria1 waters and the.airspace·
over the said island and over Malaysian territorial waters syrrounding the'si.iid'.island
are Malaysian airspace.
The Government of Malaysia reiterates further that any and all actwities
.. undertaken by Malaysia in its territory, including activities pertaining to Pulau Batu
' .. ' '
Puteh. as surro1.1ndlng waters and airspace are legitimate exercise of irs sovereignty
and jurisdiction. Malaysian enforcement vessels and aircrafts including that \lessels
belonging ta the Royal Malaysian Navy, Royal Malaysian Air Force and Malaysian
Marine Department have and will continue to patrol and carry 01Jt all their normat
duties in Ma1aysian territorial and maritime waters and airspace in, over ana around
PI.Jiau Batu Puteh.
Tne Ministry of Foreign Affairs of Malaysia a\fails itself of this opportunity to
renew to the High Commission of the Republic of Singapore the assurances of its
highest consideration
Singapore High Commission
Kua1a l..umpur
-IAnnex
205
Singapore's Note MFA/PDl/00007/2004 dated 5 Feb 2004
MF A/PD 1/00007 /2004
The Ministry of Foreign Affairs of the Republic of Singapore
presents its compliments to the High Commission of Malaysia and has the
. .
honour to refer to Note EC 106/2003 dated 6 November 2003 from the
Ministry of Foreign Affairs, Malaysia.
The Government of Singapore categorically rejects the assertions in
the aforementioned Note, in particular Malaysia's unsubstantiated protests of
the legitimate presence of Singapore Government vessels and aircraft -m
Singapore Territorial Waters and airspace around Pedra Branca.
The Government of Malaysia is aware that the Government of
Singapore has, since the 1840s, by virtue of both its acts and those of its
predecessor governments, occupied and exercised sovereignty over Pedra
Branca and the waters around it. It follows that Pedra Branca, its surrounding
-waters and airspace above are an integral part of the territory of Singapore.
The basis of Singapore's sovereignty over Pedra Branca has been previously,
commm1icated to Malaysia through various documents and meetings~
Consequently, it is clear that there is no basis for Malaysia's
contention that it exercises· sovereign control over the waters and airspace-
surrounding Pedra Branca. The Government of Singapore categorically
rejects that Malaysia has any basis for making such a contention.
The Ministry of Foreign Affairs of the Republic of Singapore avails
itself of this opportunity to renew to the High Commission of Malaysia the .
assurance of its highest consideration.
SINGAPORE
5 February 2004
High Commission of Malaysia
Singapore
Annex 206
Singapore's Note MFA/PDI/00008/2004 dated 5 Feb 2004
I -
.i\1F A/PD 1/00008/2004
The Ministry of Foreign Affairs of the Republic of Singapore
presents its compliments to the High Commission of Malaysia and has the
honour to refer to Note EC 109/2003 dated 6 November 2003 from the
Ministry of Foreign Affairs, Malaysia.
The Government of Singapore _categorically rejects the Malaysian
assertions in the aforementioned Note, in particular Malaysia's contention that
Pedra Branca and its surrounding waters and airspace are part of the territory
of Malaysia.
The Government of Malaysia is aware that the Government of
Singapore has, since the 1840s, by virtue of both its acts and those of its
predecessor governments, occupied and exercised sovereignty over Pedra
Branca and the waters around it. It follows that Pedra Branca, its surrounding
waters and airspace above are an integral part of the territory of Singapore.
The basis of Singapore's sovereignty over Pedra Branca has been·previo~ly
communicated to Malaysia .through various documents and meetings.
In this regard, the Government of Singapore rejects the contenti·on
that any activity undertaken by Malaysia pertaining to Pedra Branca, its
surrounding waters ·and airspace can be .a "legitimate exercise of its
sovereignty and jurisdiction. " The Government of Singapore reiterates its
position regarding the intrusions by Malaysian government vessels and
11371 I
I 1372 j
aircraft into Singapore's territorial waters and airspace around Pedra Branca,
as contained m its Notes, including MFA/PDl/00050/2003,
MFA/PDI/00051/2003, MFA/PDl/00052/2003 and MFAIPDl/00053/2003
dated 8 July 2003.
Consequently, the Government of Singapore categorically rejects
Malaysia's assertion that the Maritime and Port Authority of Singapore and
other Singapore authorities required prior consent from Malaysian authorities
to conduct investigations and cleaning-up operations within Singapore
Territorial Waters. On the contrary, it is Malaysia that must obtain the prior
consent of relevant Singapore authorities to enter or conduct activities in
Singapore's territory around Pedra Branca:
The Ministry of Foreign Affairs of the Republic of Singapore avails
itself of this opportunity to renew to the High Commission of Malaysia the
assurances of its highest consideration.
SINGAPORE
5 February 2004
High Commission of Malaysia
Singapore