KUALA LUMPUR – The “individual” who made decisions “secretly” and “alone” (in isolation) is responsible for Malaysia losing Batu Puteh during the appeals process at the international court.
This was revealed by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman when asked about the “role of the prime minister” in the Jurisdictional Immunities of Foreign States Bill in the Dewan Negara today.
Without naming the individual, she revealed that the leader had made the decision unilaterally, without informing anyone, including the attorney general, who was placed on “forced leave” at the time.
“The attorney general took four days off, which were referred to as “garden leave”, without informing anyone. This resulted in the loss of the Batu Puteh in the international appeals process.
“Nobody had highlighted this matter nor spoke about losing sovereignty over Batu Puteh,” she said during the winding-up session of the bill.
She said that the issue is currently under investigation by a Special Task Force (Law Review of the Sovereignty Case of Batu Puteh, Batuan Tengah, and Tubir Selatan).
“But this is an old story; let’s allow the Royal Commission of Inquiry (RCI) on the matter to reach a decision.
“Despite the Special Task Force having conducted investigations already, the RCI is keen on further inquiry because certain individuals are reluctant to participate in the investigation proceedings.
“Now, the RCI mandates their attendance, stating non-compliance will result in imprisonment,” she said.
She further said that the incident did not occur during her tenure as minister.
On January 24, the cabinet decided to establish an RCI to review the handling of matters related to the sovereignty of Batu Puteh, Batuan Tengah, and Tubir Selatan.
The Chief Secretary to the Government, Tan Sri Mohd Zuki Ali, said the establishment of the RCI was made in accordance with the Commission of Inquiry Act 1950 (Act 119), whereby the proposed membership of the RCI will be brought for the approval of the Yang di-Pertuan Agong.
On May 23, 2008, the International Court of Justice (ICJ) ruled that Singapore rightfully possesses Batu Puteh, whereas Batuan Tengah, situated less than one kilometre from the island, falls under Malaysia’s jurisdiction.
Furthermore, the ICJ determined that the property rights of Tubir Selatan, approximately four kilometres from Batu Puteh, shall be contingent upon the territorial waters controlled by the respective country.
On May 28, 2018, the Pakatan Harapan (PH) government withdrew its application to challenge the ICJ decision that granted legal jurisdiction of Batu Puteh to Singapore. – April 1, 2024