PEDRA BRANCA (Patrols by Royal Malaysian Navy vessels)

Mr Ahmad Mohd Magad asked the Deputy Prime Minister and Minister for Defence whether the Royal Malaysian Navy vessels have been conducting patrol operations around Pedra Branca since 1964 and, if so, were these patrols conducted on a regular basis.

The Second Minister for Defence (RAdm Teo Chee Hean) (for the Deputy Prime Minister and Minister for Defence): Mr Speaker, Sir, Malaysian leaders and their media have claimed that their Navy has been patrolling Pedra Branca waters for decades. This is simply not true. Malaysian state vessels - Navy and Marine Police - came into Pedra Branca waters for the first time in June 1989, a good 10 years after the Malaysian claim surfaced in 1979. This first spate of violations by Malaysian vessels took place over a 3-week period in 1989. After that, there was a lull before a second spate of violations in 1992, and then another lull, then in May 2002 there was a third spate before the current episode from the end of last year.

In between these spates, over the decade between 1992 and 2002, we recorded eight other violations of our sovereignty at Pedra Branca by Malaysian state vessels. Hon. Members should note that all these violations have occurred well after the Malaysians first made their claim on Pedra Branca in 1979. We have protested all these violations, and sought the cooperation of the Malaysian Government to stop the violations.

As Members of this House know, Singapore and Malaysia signed a Special Agreement three weeks ago, on 6th February 2003, to refer the Pedra Branca dispute to the International Court of Justice. Unfortunately, Malaysian naval vessels have continued to violate our territorial waters around Pedra Branca even after that.

Sir, under international law, what disputing parties do to advance their case after the dispute has arisen will not be given credence by the court. Violations of our territorial waters around Pedra Branca by Malaysian state vessels therefore do not strengthen Malaysia's case in any way. Such violations can only lead to a tense situation on the ground and increase the risk of unintended incidents.

Mr Ahmad Mohd Magad (Pasir Ris-Punggol): Sir, may I ask the Second Minister for Defence what perhaps is the motivation of the Malaysians to continue to intrude into our territorial waters around Pedra Branca?

RAdm Teo Chee Hean: Mr Speaker, Sir, I am unable to speculate on what motives the Malaysians may have but, clearly, as I have said, at this late stage, their violations into our territorial waters around Pedra Branca will have no bearing on the case and will not strengthen their case in any way.

Mr Low Thia Khiang (Hougang): Sir, what is our response to the violations?

RAdm Teo Chee Hean: Sir, our ships have been on patrol in that area since well before 1979 and continue to be on patrol in that area. Whenever there are violations of any kind by anyone in that area, our ships on patrol will inform them and, if necessary, we have protested to the relevant governments. In the case of Malaysian violations of this area, we have sent protests to the Malaysian government.

Ms Irene Ng Phek Hoong: Sir, can I ask the Minister whether these intrusions pose any danger, in terms of shipping traffic, because the Straits is known to be a very congested area and whether the patterns of the intrusions are quite reckless and haphazard?

RAdm Teo Chee Hean: Sir, we have had occasions in the last month or so where the Maritime Port Authority has received complaints by passing merchant vessels that Malaysians state vessels in the Pedra Branca area have been causing interference with navigation.

There had also been occasions, particularly in May last year, where Malaysian vessels have behaved in an unseaman-like manner, coming very close to our vessels on patrol there, and such actions could lead to unintended consequences.

Assoc. Prof. Ngiam Tee Liang (Nominated Member): Sir, in view of the situation of the Malaysian vessels coming in despite this international understanding that such action will have no basis for enhancing their claim, is this an issue that the Malaysians understand or is there a dispute as to this kind of procedure? If so, what kind of understanding should we have? Otherwise, we will continue to have situations like this, where one side agrees and the other side disagrees with the protocol as to what should now form the basis of future action.

RAdm Teo Chee Hean: Mr Speaker, Sir, the Malaysians should be well aware of this because this is exactly the same position that they adopted in their dispute with Indonesia over Sipadan and Ligitan. The Malaysians should also be well aware of this because we have informed them so, both in person as well as through our Third Party Notes that we have sent them.

Ms Irene Ng Phek Hoong: Sir, when Singapore warned the naval vessels from Malaysia that intruded, did they leave immediately?

RAdm Teo Chee Hean: The Malaysian vessels have not always complied with instructions immediately. But, of course, they do leave eventually.