Annexes

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Annex 1
Extracts from Orders for Ships Patrolling In Defence of Western Malaysian
Seaboard, 2nd ed., promulgated by the Naval Officer-in-Charge, West
Malaysia, and the Commander, Far East Fleet of the Royal Navy on 25 March
1965 (MALPOS II)
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Annex 2
Correspondence concerning the date of release of DEFE 69/539 and
DEFE 24/98 with The UK National Archives dated 4-25 April 2017
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Annex 3
Printout of the 29 March 2015 post entitled “New Facts for Revision
Application” by Professor Shaharil Talib, available at:
http://indefenceofresearch.blogspot.com/2015/03/new-facts-for-revisiona….
html
(last accessed: 24 April 2017)
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“Contrariwise,” continued Tweedledee, “if it was so, it might be;
and if it were so, it would be; but as it isn’t, it ain’t. That’s logic”

2015
Let me thank all the readers of this blogspot for reading the on-going research work and giving us the encouragement to
pursue the search for new evidence that could reveal the truth as to whether the Republic of Singapore or the State and
Territory of Johore that possess sovereignty over Pedra Branca/Pulau Batu Puteh and its Territorial Waters in the Straits of
Singapore. Some years have gone since the 2008 International Court of Justice’s Judgment awarded Pedra
Branca/Pulau Batu Puteh to the Republic of Singapore. Research has continued and we are now in a position to place
on record the recent findings. Do continue to give us your feedback as your views are the source of our strength and
inspiration. Thank you.
Alice’s Adventures in Wonderland &Through the Looking-Glass
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Application for Revision of the Judgment of 23 May 2008 - Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks
and South Ledge (Malaysia/Singapore)
Introduction
On 23rd May 2008 the International Court of Justice (ICJ) delivered its Judgement regarding the case between Malaysia
and Singapore on the Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge. The ICJ
awarded the sovereignty over Pedra Branca to Singapore by a Judgement of 12 votes in favour; 4 votes dissenting. On
the sovereignty of South Ledge the ICJ favoured Malaysia by a decision of 15 votes in favour and One vote against. That
of Middle Rocks were left to the two parties to decide within whose Territorial Waters (Pedra Branca or South Ledge) to
which it belonged. The decision on Middle Rocks was 15 votes for and One against. The matter is still in negotiation
between the two parties.
The Statutes of the ICJ are clear that the Judgments of the Court are final and without appeal. However, its Statute does
recognize that within a ten year period after delivery of Judgment any one of the Party involved has a right to make an
application for its revision. These provisions are provided in accordance with Article 61 of the International Court of
Justice’s Statute and Articles 99 and 100 of the Rules of Court. This means that Malaysia has until 23rd May 2018 to apply
for a revision of the Court’s Judgment and time is crucial. In its Statues and Rules the Court is clear that it will not be
persuaded by legal arguments no matter how lofty it is. It will be more inclined to be impressed by the discovery of some
evidence that, at the time the Judgment was given, was unknown to the Court and to the Party claiming revision,
provided the unknown fact would be decisive factor therein. It is research and documents based on research that will be
the bed-rock for the application for revision.
In the search for evidence that was unknown to the Court at the time when Judgment was delivered we return to the
Judgment itself. Judge Dugard in his Dissenting Opinion pointed out that in its Decision to Award sovereignty over Pedra
Branca/Pulau Batu Puteh to Singapore the Court held that “[i] the light of Johor’s reply [1953], the authorities in Singapore
had no reason to doubt that the United Kingdom had sovereignty over the island”. (See Judgement, para 223 and para
230). Simply stated it meant that the Settlement of Singapore during the period when it was part of the Colony of the
Straits Settlements (1867-1946); the Colony of Singapore (1946-1959); the State of Singapore (1959-1963) and the Republic
of Singapore, (1965 - ) who were the authorities in Singapore in each of the unfolding periods knew that all along that the
United Kingdom had sovereignty over Pedra Branca/Pulau Batu Puteh.
The new research evidence, hitherto not opened to the public, presented below will establish that the United Kingdom
did know for certain that Pedra Branca/Pulau Batu Puteh was within Johore’s sovereignty and therefore Malaysia. Not
only did the United Kingdom knew that Pedra Branca/Pulau Batu Puteh was part of the State and Territory of Johore in the
Straits of Singapore, the newly revealed facts will also establish that the Governor of the Colony of the Straits Settlements
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and later the Governor of the Colony of Singapore did not register any Singapore claim on sovereignty over Pedra
Branca/Pulau Batuh Puteh when it set out to demarcate the Territorial Waters of the Settlement of Singapore from that of
the State and Territory of Johore in the Straits of Singapore. In addition, the new evidence will also establish that the Law
Commission, an agency set up under the auspices of the United Nations, and the Secretary-General of the United Nations
knew that in the Straits of Singapore there was only one Agreement between the Colony of the Straits Settlements and the
State and Territory of Johore that demarcated the Territorial Waters of the Settlement of Singapore from that of the
Territorial Waters of the State and Territory of Johore. Finally, the newly disclosed evidence will reveal that the Singapore
authorities knew that Pedra branca/Pulau Batu Puteh and its Territorial Waters are part of the State and Territory of Johore
and expressed this fact in its records. 
The Evidence
In 2013 the National Archives, UK under its series Migrated Files released three files for the years 1907, 1927 and 1958
respectively that revealed the territorial limits of the Settlement of Singapore in the Straits of Singapore and that of the
State and Territory of Johore that is contiguous to the Straits of Singapore.
Collectively the evidence from these files make a compelling case that Britain knew the Territorial Waters of the Settlement
of Singapore and it did not include the Island Rock Pedra Branca/Pulau Batu Puteh some forty miles eastwards from the
Main Island of Singapore in the Straits of Singapore. These new evidence were unknown to the ICJ as the Malaysian
pleadings did not have access to these files which were either newly released or hidden within unrelated files held by the
National Archives, UK.
Without the above mentioned details the ICJ in its 2008 Judgment recorded that Singapore authorities knew during the
periods of the Colony of the Straits Settlements (1867-1946); the Colony of Singapore (1946-1959); the State of Singapore
(1959-1963) and the Republic of Singapore, (1965-) that Britain had the evidence that UK/Singapore had sovereignty over
Pedra Branca/Pulau Batu Puteh. The newly released files flies against the assumptions that led to the final Judgment of
the ICJ.
In the newly released 1907 file the Governor of Colony of the Straits Settlements, Sir John Anderson, confirmed that the
Settlement of Singapore had no territories in the Straits of Singapore beyond 10 geographical miles from the Main Island of
Singapore. (Draft, John Anderson to Lord Elgin, Secretary of State for the Colonies, 22 January 1907) Outside this limit in the
Straits of Singapore were Islands and the Territorial Waters of the State and Territory of Johore. The Settlement of Singapore
did not possess property and sovereignty in the Straits of Singapore outside the ten miles from the Main island of
Singapore. The Governor of the Colony of the Straits Settlements was careful in pointing out that the Sultan of Johore did
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possess property but not sovereignty in the Settlement of Singapore over the Island of Pulau Tekong Ketchil in the Johore
Straits which was part of the larger Straits of Singapore. In raising the issue of Territorial Waters of the Settlement of
Singapore, the Governor of the Colony of the Straits Settlements (1867-1946), acknowledged that the territorial waters of
the Settlement of Singapore was limited to 10 miles from the Main Island of Singapore as expressed in Article 2 of the 2nd
August 1824 Treaty. There was no mention that Pedra Branca, in the Straits of Singapore, on which the Colony of the
Straits Settlements operated one of several Lighthouses in the Straits of Singapore and the Straits of Malacca was an Island
regarded by the Governor of the Colony of the Straits Settlements as a sovereign appendage to the Settlement of
Singapore. This new evidence of 1907 establishes that the United Kingdom and the Singapore authorities knew the
territorial limits of the Settlement of Singapore in the Straits of Singapore within which it had full property and sovereign
rights.
The second file released in 2013 is the original 1927 Agreement between the Colony of the Straits Settlements and the
State and Territory of Johore. In its catalogue description the file is registered as an “Agreement concerning the boundary
between the territorial waters of Singapore and Johore” It is the catalogue description of this new evidence that is most
revealing on the intention of the 1927 Agreement which was to demarcate the Territorial Waters of Singapore and
Johore. There was no Territorial Waters to demarcate between Pedra Branca/Pulau Batu Puteh in the Straits of Singapore
and that of Mainland Johore and this fact was recognised by UK Parliament which ratified the Agreement in 1928 and the
authorities in Singapore.
The third document is actually an archival file that was opened to the public prior to the 2008 Judgment. However, the
case must be made that the evidence in the file is decisive to the Application for Revision of Judgment. The Title of the
File in the UK Archives is very misleading. It reads “Tidelands Oil” and U.S. Territorial Waters. It had nothing to do with the
subject of the Judgment. However, within this innocuous file title there are relevant unknown factual material evidence to
the Application for Revision.
In 1953 the Foreign Office, UK replied to a letter of the Secretary-General of the United Nations on the subject “Delimitation
of Territorial Sea of Adjacent States” which requested the assistance of the UK authorities to the request of the
International Law Commission on Territorial Waters on UK practise and any observations they may wish to make. The 1953
reply of the UK authorities to the Secretary-General of the United Nations is as follows:
“5. So far as information on the practice of States in regard to this matter is concerned, Her Majesty’s Government can
add to the examples already referred to in the discussions of the Commission one of which the Commission may not yet
be aware, namely, the Straits Settlements and Johore Territorial Waters (Agreement) Act, 1928. (footnote 6. 18 and 19
Geo. 5 c. 23)”. This information was advanced as evidence to demonstrate how two states demarcated their Territorial
Waters in the Straits of Singapore.
From the evidence of this particular file it is clear that in 1953 the Foreign Office of UK took the position that the Territorial
Waters between adjacent counties, in this case the Settlement of Singapore within the Colony of the Straits Settlements,
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4/24/2017 In Defence Of Research: New Facts for Revision Application
http://indefenceofresearch.blogspot.sg/2015/03/new-facts-for-revision-a… 5/8
1928 and now in 1953, Colony of Singapore, and the State and Territory of Johore was settled by the 1927 Agreement and
ratified by UK Parliament in 1928. UK authorities knew that in 1927 and 1928 and in 1953 that Pedra Branca/Pulau Batu
Puteh in the Straits of Singapore was not a sovereign entity as part of the Settlement/Colony of Singapore.
The final piece of evidence that is decisive in the Application for Revision of Judgment is yet another 2013 released file in
the UK Archives. The file makes three important new facts hitherto unknown.
First, it lists all Indonesian patrol vessel intrusions into Singapore Territorial Waters in the Straits of Singapore which were
raised with Indonesian authorities by the Government of the Colony of Singapore. The incidents listed covered the period
1955 to 1958. The cases included incidents near Mata Ikan, Raffles Lighthouse and Pulau Senang. There is no mention of
Horsburgh Lighthouse and Pedra Branca/Pulau Batu Puteh in the list of intrusions into Singapore Territorial Waters.
Second, this file reveals another crucial piece of evidence where there was mention of an incident around the Territorial
Waters of Pedra Branca/Pulau Batu Puteh and in its official correspondence the local authorities of Singapore mentioned
that this incident occurred within the territorial waters of Johore which was also reported in the local press. The incident
was never recorded in the List of Intrusions into the Territorial Waters of Singapore. This is a decisive fact.
The Third new fact was the observation of Singapore authorities to the suggested Extension of territorial waters to 6 miles in
the Straits of Singapore would not be in Singapore’s interests for the following reasons:
(a) The approaches to Singapore are through the channels between the Indonesian Islands on the south and the
mainland of the Federation of Malaya [The State and Territory of Johore] on the north. These channels are only
8 ½ miles wide at their narrowest parts on both the western and eastern side. The effect of extending territorial
waters to 6 miles therefore be to close the high seas channels of approach to Singapore.
(b) 2. It is therefore important to Singapore that the present 3 mile limits of territorial waters should be retained.
However, if it is necessary in the last resort to agree to a general application of six mile limits, not only must the
right of innocent passage through the International Straits so created be reaffirmed, but a special provision
should be made for an international high seas corridor one mile wide through the straits between Singapore
and Malayan territory on the north and Indonesian territory on the south. This corridor should follow the normal
shipping channel from west to east which is approximately as follows. From a point 3 miles north of the Brothers
light to a point 3 miles south of Sultan Shoal Light to a point 2 miles south of Raffles Light to a point midway
between the southern point of St Johns Islands and Batu Berhenti Light to a point 1 mile north of Horsburgh
Light.”
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It is obvious that had the Colony of Singapore sovereignty over Pedra Branca/Pulau Batu Puteh the issue of closing the
entrance into the Straits of Singapore from the High Seas of the South China Sea or the exit from the Straits of Singapore
into the South China Sea would never had been raised in 1958.
Conclusion
The above mentioned new evidences satisfies all the conditions of the Statute of the ICJ in making an Application for
Revision of Judgment. The Application for Revision should it be carried forward is within the ten year period since the date
of Judgment in 2008. All the evidence, save one, were only made recently available in the National Archives, UK. And
each of the mentioned files reveals evidence that is decisive that UK authorities knew that in Singapore’s unfolding
historical periods it never made a claim to have sovereignty over Pedra Branca/Pulau Batu Puteh. The 1907 file; the 1927
file; the 1953 file and the 1958 file all make a compelling case that sovereignty over Pedra Branca/Pulau Batu Puteh was
with the State and Territory of Johore and this fact was known to the authorities in the UK, Singapore, Law Commission for
Territorial Waters and the Secretary General, United Nations.
It is the Republic of Singapore that aggressively pushed a contemporary legal proposition that it had sovereignty over
Pedra Branca/Pulau Batu Puteh. In the 1970’s the Republic of Singapore tabled several unchallenged facts in establishing
that it had sovereignty over Pedra Branca/Pulau Batu Puteh. It refused permission for a landing of a Malaysian survey
team to land on Pedra Branca/Pulau Batu Puteh. It provided evidence that its naval patrol vessels were patrolling in the
Territorial Waters of Pedra Branca/Pulau Batu Puteh unchallenged. It showed a file that its Military Helicopters carried
Military equipment onto Pedra Branca/Putau Batu Puteh unchallenged and that its Admiralty Court heard of a shipwreck
case in the vicinity of Pedra Branca/Pulau Batu Puteh. Based on these unchallenged facts the Republic of Singapore in its
pleadings set out to establish its contemporary assertions backwards into the historical records. Much evidence was not
disclosed from its records to make its historical case. New and decisive evidence recently opened by the National
Archives, UK makes a compelling case for an application for the revision of judgment as it substantially alters the judgment
assumptions.
The earliest evidence it had was the 1920 Shipwreck that was heard in the Admiralty Court of the Colony of the Straits
Settlements in the Settlement of Singapore. The cases of all Admiralty Court hearings under the Merchant Shipping
Ordinance in the Settlement of Singapore; Colony of Singapore and State of Singapore are officially published in
Singapore. In these Admiralty Court hearings sovereignty was not the cardinal principle of hearing a shipping incident
case in Singapore. In 1907 and 1927 UK and Singapore authorities knew that Singapore’s sovereignty did not extend over
Pedra Branca/Pulau Batu Puteh and the Admiralty Court would not have made a case in its official records that it heard
the 1923 Shipwreck incident on Pedra Branca/Pulau Batu Puteh on grounds that the Colony of the Straits Settlements had
sovereignty over Pedra Branca/Pulau Batu Puteh. It is the contemporary Republic of Singapore that made that bold and
unchallenged assertion in its pleadings.
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Similarly the 1953 letter of the Acting State Secretary, Johore did not change the situation of sovereignty over Pedra
Brance/Pulau Batu Puteh. The file was never translated into an active taking over of the sovereignty of Pedra
Branca/Pulau Batu Puteh by the Colony of Singapore. Indeed, the UK authorities in 1953 informed the Law Commission for
Territorial Waters and the Secretary-General, United Nations that there was only one Agreement that demarcated the
Territorial Waters between Adjacent Countries in the Straits of Singapore.
In the 1958 newly disclosed file all intrusions by Indonesian Patrol Vessels, 1955-1958, were recorded that occurred within
the Territorial Waters of the Colony of Singapore. There was one intrusion in the vicinity of Pedra Branca/Pulau Batu Puteh
and Singapore authorities acknowledged it as one occurring within Johore’s Territorial Waters. Its newspapers too
confirmed the official view.
From newly released documents, sovereignty over Pedra Branca/Pulau Batu Puteh was never with the unfolding entity
that started with the Settlement of Singapore within the Colony of the Straits Settlements; down to the Colony of
Singapore; State of Singapore and finally the Republic of Singapore. Sovereignty over Pedra Branca/Batu Puteh and its
Territorial Waters was and is with the State and Territory of Johore and the Singapore evidence that is out of joint must be
contextually reconstructed with the new evidence to restore decisively its historical continuity.
Shaharil Talib
24th March 2015
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Annex 4
Curriculum vitae of Dato’ Dr. Shaharil Talib, undated, available via a link on
www.indefenceofresearch.blogspot.com to
http://www.scribd.com/doc/15984859/CV-Prof-Shaharil
(last accessed: 15 April 2017)
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Annex 5
Screen capture of notification of unavailability of
www.indefenceofresearch.blogspot.my in Malaysia
(last accessed: 27 April 2017 in Malaysia)
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Annex 6
Screen capture of notification of the details of denial of access to
www.indefenceofresearch.blogspot.my in Malaysia due to violation of the
Communications and Multimedia Act 1998 (Malaysia)
(last accessed: 27 April 2017 in Malaysia)
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