Singapore acts to prevent unilateral third-party arbitration amid maritime boundary dispute with Malaysia
Negotiations best option; both sides to agree on terms if it comes to third-party settlement
By Zakir Hussain, News Editor, The Straits Times, 14 Dec 2018
Singapore is taking steps to ensure that no country can unilaterally initiate third-party arbitration or adjudication on maritime boundary disputes against the Republic.
Likewise, Singapore has committed itself to not starting such proceedings against any other party on its own.
Singapore has informed Malaysia that it has filed a declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS) as it hopes to resolve such issues through talks.
"Singapore believes that maritime boundary delimitation disputes are best resolved through negotiations, in order to reach an amicable settlement acceptable to all of the parties," said a spokesman for the Ministry of Foreign Affairs.
"However, if this cannot be achieved, Singapore is prepared to settle such a dispute by recourse to an appropriate international third-party dispute settlement procedure, on terms mutually agreed to by the parties."
This would include the specific issues to be decided.
Asked why Singapore prefers to take the negotiation route first, the MFA spokesman said: "Settling maritime boundaries through negotiations allows the parties to reach an outcome which is acceptable to them in the long term."
The declaration was lodged with the United Nations in New York, and it comes after both Singapore and Malaysia have agreed to meet next month to resolve a dispute regarding Singapore's territorial waters off Tuas. The neighbours signed UNCLOS in 1982.
The MFA spokesman also said: "Should a dispute arise that cannot be resolved through negotiations, Singapore will work with the other States Parties to agree on the choice of forum and the specific issues to be decided, in order that the matter can be submitted to arbitration or adjudication. This is preferable to one party taking another unilaterally to arbitration or adjudication without prior mutual agreement on these key issues."
The spokesman noted that many countries that have signed UNCLOS, such as France, Canada, Italy, Spain, Australia and Thailand, have made similar declarations.
International law experts told The Straits Times that making such a declaration helps Singapore avoid being taken by surprise should a unilateral claim be lodged against it.
The latest dispute began on Oct 25, when Kuala Lumpur unilaterally gazetted extended port limits for Johor Baru port, which encroached on the Republic's territorial waters. While a section of those waters has yet to be delimited, Singapore agencies have been patrolling them for decades.
Singapore has responded by extending its own port limits, and insisting that Malaysia withdraw its government vessels and return to the pre-Oct 25 status quo, without prejudice to its claims.
Kuala Lumpur has said it cannot do so, but is committed to de-escalate the situation.
Singapore has said it welcomed Malaysia's moves to defuse tensions, and officials from both sides are expected to meet in the second week of next month to discuss the port limits issue.
The MFA spokesman said: "Singapore hopes that by engaging each other, the two governments will reach a swift and amicable resolution, in accordance with international law."
The spokesman added: "Singapore will continue to uphold international law and remains committed to the peaceful settlement of disputes in accordance with international law."
Key questions on settling maritime disputes
Options for resolving claims range from negotiations to compulsory settlement
The Straits Times, 14 Dec 2018
Yesterday, Singapore's Ministry of Foreign Affairs (MFA) said the Republic had filed a declaration under an international treaty to ensure that no signatory - including Singapore and its neighbours - unilaterally begins third-party arbitration or adjudication on maritime boundary disputes involving the Republic.
Singapore filed the declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS) on Wednesday. In case a settlement could not be achieved through negotiations, the parties would mutually agree on the forum where they would seek to resolve their dispute and the issues that were to be decided, a spokesman for MFA said.
The Straits Times looks at several key questions about the decision, and how previous maritime boundary disputes were resolved.
Q: What is UNCLOS and why does it matter?
A: UNCLOS, also known as the Law of the Sea treaty, governs all aspects of how the world's seas and oceans, and their resources, are used. Some 168 parties have ratified the convention, which is one of the few international agreements that almost all countries abide by in practice.
Among other features, it strikes a delicate balance between the interests of coastal states and the interests of the international community in ensuring unimpeded passage for ships on routes used for international navigation.
Q: Why did Singapore file the Article 298(1)(a) declaration?
A: Singapore believes that maritime boundary disputes are best resolved through negotiations in order to reach an amicable settlement acceptable to all of the parties, an MFA spokesman said.
Q: Why does Singapore prefer to resolve maritime boundary disputes through negotiations first?
A: Settling maritime boundaries through negotiations allows the parties to reach an outcome which is acceptable to them in the long term, the MFA spokesman said.
Q: Might this declaration be seen as a weakening of Singapore's commitment to arbitration or adjudication?
A: Singapore has not changed its position on third-party dispute settlement, the MFA spokesman said. In fact, Singapore's diplomatic note to Malaysia on Dec 8, 2018, stated that if talks do not eventually produce an amicable solution, the Singapore Government would be prepared for the Johor Baru port limits matter to be settled by recourse to an appropriate international third-party dispute settlement procedure.
Q: What are some of these procedures?
A: When a country signs up to UNCLOS, it agrees in advance to the system of compulsory dispute settlement that can result in a final and binding decision. UNCLOS gives every party a choice between arbitration, the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (Itlos). If a state fails to make a choice, it is deemed to have chosen arbitration.
Q: Can countries unilaterally apply for arbitration?
A: Under UNCLOS, it is not necessary for State A to seek State B's consent before referring their dispute to arbitration, if neither has filed a declaration under Article 298(1)(a).
This was why Malaysia was able to institute arbitral proceedings under UNCLOS against Singapore on July 4, 2003, without the Republic's consent, over land reclamation works in Pulau Tekong and Tuas. Malaysia alleged such work impinged on its territory, and caused pollution and other harm to the marine environment in the Johor Strait, among others. It then applied to Itlos on Sept 5, 2003, for provisional measures to stop Singapore's land reclamation work pending the outcome of the arbitration.
On Oct 8, 2003, Itlos rejected Malaysia's request. It asked both governments to set up a group of independent experts to do a study, determine the effects of such reclamation and propose appropriate measures to deal with adverse effects. Both countries signed a settlement agreement to resolve the matter on April 26, 2005. Tekong reclamation could continue with minor changes and monitoring of the ecology.
Q: What about the Pedra Branca case?
A: Malaysia staked a claim to the island in December 1979 when it published a new map of its territorial waters and continental shelf boundaries. Singapore protested against the map in February 1980.
The Republic first proposed submitting the dispute to the ICJ in 1989. Malaysia accepted this proposal in 1994. Both sides signed a special agreement on Feb 6, 2003, to ask the court to settle the issue of who has sovereignty over Pedra Branca and neighbouring maritime features Middle Rocks and South Ledge.
In its May 23, 2008, judgment, the ICJ awarded Pedra Branca to Singapore, Middle Rocks to Malaysia and said South Ledge, a rock formation visible only at low tide, belongs to whoever owns the territorial waters it sits in.
Malaysia filed an application to revise that judgment on Feb 2, 2017, citing new evidence, and a second application asking the ICJ to interpret that same judgment on June 30, 2017.
However, the new Malaysian government informed the ICJ on May 28, 2018, that it had decided to discontinue the proceedings.
Options for resolving claims range from negotiations to compulsory settlement
The Straits Times, 14 Dec 2018
Yesterday, Singapore's Ministry of Foreign Affairs (MFA) said the Republic had filed a declaration under an international treaty to ensure that no signatory - including Singapore and its neighbours - unilaterally begins third-party arbitration or adjudication on maritime boundary disputes involving the Republic.
Singapore filed the declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS) on Wednesday. In case a settlement could not be achieved through negotiations, the parties would mutually agree on the forum where they would seek to resolve their dispute and the issues that were to be decided, a spokesman for MFA said.
The Straits Times looks at several key questions about the decision, and how previous maritime boundary disputes were resolved.
Q: What is UNCLOS and why does it matter?
A: UNCLOS, also known as the Law of the Sea treaty, governs all aspects of how the world's seas and oceans, and their resources, are used. Some 168 parties have ratified the convention, which is one of the few international agreements that almost all countries abide by in practice.
Among other features, it strikes a delicate balance between the interests of coastal states and the interests of the international community in ensuring unimpeded passage for ships on routes used for international navigation.
Q: Why did Singapore file the Article 298(1)(a) declaration?
A: Singapore believes that maritime boundary disputes are best resolved through negotiations in order to reach an amicable settlement acceptable to all of the parties, an MFA spokesman said.
Q: Why does Singapore prefer to resolve maritime boundary disputes through negotiations first?
A: Settling maritime boundaries through negotiations allows the parties to reach an outcome which is acceptable to them in the long term, the MFA spokesman said.
Q: Might this declaration be seen as a weakening of Singapore's commitment to arbitration or adjudication?
A: Singapore has not changed its position on third-party dispute settlement, the MFA spokesman said. In fact, Singapore's diplomatic note to Malaysia on Dec 8, 2018, stated that if talks do not eventually produce an amicable solution, the Singapore Government would be prepared for the Johor Baru port limits matter to be settled by recourse to an appropriate international third-party dispute settlement procedure.
Q: What are some of these procedures?
A: When a country signs up to UNCLOS, it agrees in advance to the system of compulsory dispute settlement that can result in a final and binding decision. UNCLOS gives every party a choice between arbitration, the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (Itlos). If a state fails to make a choice, it is deemed to have chosen arbitration.
Q: Can countries unilaterally apply for arbitration?
A: Under UNCLOS, it is not necessary for State A to seek State B's consent before referring their dispute to arbitration, if neither has filed a declaration under Article 298(1)(a).
This was why Malaysia was able to institute arbitral proceedings under UNCLOS against Singapore on July 4, 2003, without the Republic's consent, over land reclamation works in Pulau Tekong and Tuas. Malaysia alleged such work impinged on its territory, and caused pollution and other harm to the marine environment in the Johor Strait, among others. It then applied to Itlos on Sept 5, 2003, for provisional measures to stop Singapore's land reclamation work pending the outcome of the arbitration.
On Oct 8, 2003, Itlos rejected Malaysia's request. It asked both governments to set up a group of independent experts to do a study, determine the effects of such reclamation and propose appropriate measures to deal with adverse effects. Both countries signed a settlement agreement to resolve the matter on April 26, 2005. Tekong reclamation could continue with minor changes and monitoring of the ecology.
Q: What about the Pedra Branca case?
A: Malaysia staked a claim to the island in December 1979 when it published a new map of its territorial waters and continental shelf boundaries. Singapore protested against the map in February 1980.
The Republic first proposed submitting the dispute to the ICJ in 1989. Malaysia accepted this proposal in 1994. Both sides signed a special agreement on Feb 6, 2003, to ask the court to settle the issue of who has sovereignty over Pedra Branca and neighbouring maritime features Middle Rocks and South Ledge.
In its May 23, 2008, judgment, the ICJ awarded Pedra Branca to Singapore, Middle Rocks to Malaysia and said South Ledge, a rock formation visible only at low tide, belongs to whoever owns the territorial waters it sits in.
Malaysia filed an application to revise that judgment on Feb 2, 2017, citing new evidence, and a second application asking the ICJ to interpret that same judgment on June 30, 2017.
However, the new Malaysian government informed the ICJ on May 28, 2018, that it had decided to discontinue the proceedings.
Malaysia's Transport Minister Anthony Loke: Allow room for experts to settle dispute over new Seletar Airport landing system
Let tech experts settle ILS issue, says KL minister
The Straits Times, 14 Dec 2018
PUTRAJAYA • Allow space for Malaysian and Singaporean technical experts to settle the Seletar Airport Instrument Landing System (ILS) dispute, Malaysia's Transport Minister said.
Mr Anthony Loke said yesterday that Malaysia had already made its position on the matter "very clear", and does not intend to prolong it.
"Enough has been said (on the ILS issue). We have made our point. We have even come up with a video to explain our position. I think it is very clear," he said.
"On any technical considerations, I think I will leave it to the technical experts from both sides to thrash it out," added Mr Loke.
He had been asked to comment on the issue at a news conference at Kuala Lumpur International Airport 2.
The issue arose when Malaysia took issue with Singapore issuing new ILS procedures for Seletar Airport that were scheduled to be enforced on Jan 3.
Malaysia sent a protest note to Singapore over the country's intention to use the airspace above Pasir Gudang as a flight path for airplanes landing at Seletar Airport.
Mr Loke had said the limitation on the airspace in Pasir Gudang would affect development in the industrial town, as a building height restriction would have to be imposed.
He noted that Pasir Gudang is located just over 2km away from Seletar Airport.
Singapore has, however, stressed that plans to introduce ILS for Seletar, which will guide pilots landing there with ground instruments instead of relying on their visual assessment, will not pose any safety or security risks to operations at Pasir Gudang Port.
The Singapore authorities have also made clear that ILS will not affect the current height restrictions for planes coming in.
On concerns that port operations at Pasir Gudang could be impacted, experts have pointed out that for more than 30 years, Singapore has managed the nexus between aircraft operations and ships transiting the Johor Strait to Pasir Gudang Port.
Systems such as the Civil Aviation Authority of Singapore Vessel Height Measuring System are in place to safeguard both aviation and maritime activities.
For example, flights get held back while tall vessels cross the Strait of Johor.
THE STAR/ASIA NEWS NETWORK
Let tech experts settle ILS issue, says KL minister
The Straits Times, 14 Dec 2018
PUTRAJAYA • Allow space for Malaysian and Singaporean technical experts to settle the Seletar Airport Instrument Landing System (ILS) dispute, Malaysia's Transport Minister said.
Mr Anthony Loke said yesterday that Malaysia had already made its position on the matter "very clear", and does not intend to prolong it.
"Enough has been said (on the ILS issue). We have made our point. We have even come up with a video to explain our position. I think it is very clear," he said.
"On any technical considerations, I think I will leave it to the technical experts from both sides to thrash it out," added Mr Loke.
He had been asked to comment on the issue at a news conference at Kuala Lumpur International Airport 2.
The issue arose when Malaysia took issue with Singapore issuing new ILS procedures for Seletar Airport that were scheduled to be enforced on Jan 3.
Malaysia sent a protest note to Singapore over the country's intention to use the airspace above Pasir Gudang as a flight path for airplanes landing at Seletar Airport.
Mr Loke had said the limitation on the airspace in Pasir Gudang would affect development in the industrial town, as a building height restriction would have to be imposed.
He noted that Pasir Gudang is located just over 2km away from Seletar Airport.
Singapore has, however, stressed that plans to introduce ILS for Seletar, which will guide pilots landing there with ground instruments instead of relying on their visual assessment, will not pose any safety or security risks to operations at Pasir Gudang Port.
The Singapore authorities have also made clear that ILS will not affect the current height restrictions for planes coming in.
On concerns that port operations at Pasir Gudang could be impacted, experts have pointed out that for more than 30 years, Singapore has managed the nexus between aircraft operations and ships transiting the Johor Strait to Pasir Gudang Port.
Systems such as the Civil Aviation Authority of Singapore Vessel Height Measuring System are in place to safeguard both aviation and maritime activities.
For example, flights get held back while tall vessels cross the Strait of Johor.
THE STAR/ASIA NEWS NETWORK
Seletar procedures pose no risk to Pasir Gudang: Singapore
Singapore's Transport Ministry also rebuts Malaysian ministry's claims on violation of sovereignty
By Karamjit Kaur, Senior Aviation Correspondent, The Straits Times, 13 Dec 2018
Transport Minister Khaw Boon Wan has stressed that Singapore's plans to introduce an Instrument Landing System (ILS) for Seletar Airport - which will guide pilots landing there with ground instruments instead of relying on their visual assessment - will not pose any safety or security risks to operations at Johor's Pasir Gudang Port.
He was responding yesterday to remarks made by his Malaysian counterpart Anthony Loke.
In a 90-second video posted on his Facebook page, Mr Loke claimed that the Pasir Gudang Port would encounter higher risks due to the height restrictions that Singapore wants to set for Seletar's ILS.
He said: "Even a crane would break the height limit. We can't even build tall buildings over Pasir Gudang if we allow that flight path."
Speaking to reporters, Mr Khaw said: "I've watched the video, it's a good video. I commend their video team. But I think the video contains a few inaccuracies."
Referring to Mr Loke's comments on safety concerns with regard to the height restrictions proposed, Mr Khaw said: "That's not how ILS works. ILS is like autopilot in an aircraft, it is a tool for the pilot. The pilot can always have manual intervention if security concerns require it... The pilot retains full control throughout the flight."
Mr Khaw added: "The key point is if it were a technical concern, with goodwill, I am confident a mutually satisfactory technical solution can be found. The situation seems to be that they are using this technical excuse to trigger a demand to change the airspace arrangement."
Malaysia has said it wants to take back air traffic services for the airspace over southern Johor which were delegated to Singapore in 1974. Mr Khaw stressed that the arrangement "has worked very well, benefiting all stakeholders in this region", so he was "truly baffled" by Malaysia's recent stance.
The first signs of Singapore-Malaysia tensions over Seletar Airport came to light on Nov 23, when Malaysian carrier Firefly made the surprising announcement that it would suspend all flights to Singapore from Dec 1, the day it was supposed to move its operations from Changi to Seletar Airport.
Two days later, the Civil Aviation Authority of Singapore (CAAS) explained that this was because the Malaysia Airlines subsidiary had not received approval from its regulator, the Civil Aviation Authority of Malaysia (CAAM), to make the move.
Firefly had agreed, as early as in 2014, to move to a new passenger terminal to be built at Seletar to handle turboprop flights, which it operates.
According to CAAM, though, there are regulatory issues that need to be resolved between the civil aviation authorities of both countries over the proposed move, as well as outstanding airspace issues.
In a statement yesterday, Malaysia's Transport Ministry said the current tensions between the two countries over the procedures at Seletar are "unnecessary and can be avoided" if the ILS is implemented only for Runway 03 on the southern side of the airport, and not for Runway 21 on the northern side.
Responding to media queries on this, Singapore's Ministry of Transport (MOT) said in a statement last night that CAAS had informed its Malaysian counterpart at a meeting on Nov 29 that Singapore would need to put in place instrument flight procedures for both the northerly and southerly approaches into Seletar Airport.
This is necessary because aircraft land and take off into the wind. "In this region, winds blow from a north-easterly direction for half of the year, and a south-westerly direction for the other half of the year. Therefore, flight procedures for a southerly approach cannot safely replace all flight procedures for the northerly approach," MOT said.
Malaysia has also suggested that the implementation of ILS procedures for the northerly approach into Seletar Airport is a "clear violation of Malaysia sovereignty and international law and standards".
Singapore's Transport Ministry also rebuts Malaysian ministry's claims on violation of sovereignty
By Karamjit Kaur, Senior Aviation Correspondent, The Straits Times, 13 Dec 2018
Transport Minister Khaw Boon Wan has stressed that Singapore's plans to introduce an Instrument Landing System (ILS) for Seletar Airport - which will guide pilots landing there with ground instruments instead of relying on their visual assessment - will not pose any safety or security risks to operations at Johor's Pasir Gudang Port.
He was responding yesterday to remarks made by his Malaysian counterpart Anthony Loke.
In a 90-second video posted on his Facebook page, Mr Loke claimed that the Pasir Gudang Port would encounter higher risks due to the height restrictions that Singapore wants to set for Seletar's ILS.
He said: "Even a crane would break the height limit. We can't even build tall buildings over Pasir Gudang if we allow that flight path."
Speaking to reporters, Mr Khaw said: "I've watched the video, it's a good video. I commend their video team. But I think the video contains a few inaccuracies."
Referring to Mr Loke's comments on safety concerns with regard to the height restrictions proposed, Mr Khaw said: "That's not how ILS works. ILS is like autopilot in an aircraft, it is a tool for the pilot. The pilot can always have manual intervention if security concerns require it... The pilot retains full control throughout the flight."
Mr Khaw added: "The key point is if it were a technical concern, with goodwill, I am confident a mutually satisfactory technical solution can be found. The situation seems to be that they are using this technical excuse to trigger a demand to change the airspace arrangement."
Malaysia has said it wants to take back air traffic services for the airspace over southern Johor which were delegated to Singapore in 1974. Mr Khaw stressed that the arrangement "has worked very well, benefiting all stakeholders in this region", so he was "truly baffled" by Malaysia's recent stance.
The first signs of Singapore-Malaysia tensions over Seletar Airport came to light on Nov 23, when Malaysian carrier Firefly made the surprising announcement that it would suspend all flights to Singapore from Dec 1, the day it was supposed to move its operations from Changi to Seletar Airport.
Two days later, the Civil Aviation Authority of Singapore (CAAS) explained that this was because the Malaysia Airlines subsidiary had not received approval from its regulator, the Civil Aviation Authority of Malaysia (CAAM), to make the move.
Firefly had agreed, as early as in 2014, to move to a new passenger terminal to be built at Seletar to handle turboprop flights, which it operates.
According to CAAM, though, there are regulatory issues that need to be resolved between the civil aviation authorities of both countries over the proposed move, as well as outstanding airspace issues.
In a statement yesterday, Malaysia's Transport Ministry said the current tensions between the two countries over the procedures at Seletar are "unnecessary and can be avoided" if the ILS is implemented only for Runway 03 on the southern side of the airport, and not for Runway 21 on the northern side.
Responding to media queries on this, Singapore's Ministry of Transport (MOT) said in a statement last night that CAAS had informed its Malaysian counterpart at a meeting on Nov 29 that Singapore would need to put in place instrument flight procedures for both the northerly and southerly approaches into Seletar Airport.
This is necessary because aircraft land and take off into the wind. "In this region, winds blow from a north-easterly direction for half of the year, and a south-westerly direction for the other half of the year. Therefore, flight procedures for a southerly approach cannot safely replace all flight procedures for the northerly approach," MOT said.
Malaysia has also suggested that the implementation of ILS procedures for the northerly approach into Seletar Airport is a "clear violation of Malaysia sovereignty and international law and standards".
This is also not true, said Singapore's MOT. The nature of international civil aviation is such that flights have to traverse the airspace of different countries.
It is not uncommon for flight procedures to or from airports in one country, especially those near other countries, to traverse the territories of neighbouring countries, it added.
This does not entail a violation of the sovereignty of the countries being overflown, MOT said in its statement, adding that the ILS procedures for some Malaysian airports also extend into the territories of neighbouring countries.
It is not uncommon for flight procedures to or from airports in one country, especially those near other countries, to traverse the territories of neighbouring countries, it added.
This does not entail a violation of the sovereignty of the countries being overflown, MOT said in its statement, adding that the ILS procedures for some Malaysian airports also extend into the territories of neighbouring countries.
New landing system for Seletar Airport doesn't impose new height restrictions: Experts
By Karamjit Kaur, Senior Aviation Correspondent, The Straits Times, 13 Dec 2018
Experts weighing in on Singapore's plans to introduce a new landing system for Seletar Airport said that this will not affect the current height restrictions for planes coming in.
Neither will it hamper the development of Johor's Pasir Gudang Port.
The main change from introducing an Instrument Landing System (ILS) is that pilots will be guided using ground instruments so that they no longer have to rely on just their vision.
This is because an ILS system offers a more precise landing path, the experts said.
Experts that The Straits Times spoke to pointed out several inaccuracies in the 90-second video posted by Malaysia's Transport Minister Anthony Loke on his Facebook page.
In the video, Mr Loke insisted that Singapore's plans for the Seletar ILS would mean that Pasir Gudang Port would encounter higher risks due to the height restrictions.
He said that with the ILS, structures 3km away from Seletar Airport cannot be built higher than 54m, while structures 6km away cannot be taller than 145m.
He said: "Even a crane would break the height limit. We can't even build tall buildings over Pasir Gudang if we allow that flight path."
But the experts said that with the ILS, the height limit 3km away from Seletar is in fact 93.8m. At 6km away, it is 193.1m.
With a layer of safety barrier added to that, the actual approach path for flights coming into Seletar would reach a height of 200.5m at 3km away from the airport - the same as it is today.
The flight path and height limits are in accordance with safety and operational standards prescribed by the International Civil Aviation Organisation (ICAO).
Their other observations on the video:
Mr Loke said the flight path prevents the construction of tall buildings over Pasir Gudang. But the experts said existing tall buildings directly below the current Seletar flight path have been taken into account in the design of the ILS procedures. The Straits Times understands that the Singapore authorities have not been informed of any new developments being planned in Pasir Gudang that could significantly affect the flight profile for Seletar flights. Under ICAO standards, countries are required to provide early notification of proposed future developments so that flight procedures can be adjusted if necessary.
With the proposed ILS, Pasir Gudang Port will be subjected to higher risks, Mr Loke said. Not true, said experts. For more than three decades, Singapore has safely managed the nexus between aircraft operations and ships transiting the Johor Strait to Pasir Gudang Port. Systems such as the Civil Aviation Authority of Singapore Vessel Height Measuring System are in place to safeguard both aviation and maritime activities. Flights get held back while tall vessels cross the Strait of Johor.
Mr Loke said that currently, pilots can manoeuvre around obstacles and no height regulation is required around flight path area. Compulsory height restrictions will kick in for ILS, he added. There will be no new height restrictions, said the experts. ICAO standards require all airports to mitigate the impact of tall buildings on aviation safety. This is regardless of ILS or visual landing systems.
In his video, Mr Loke said that with the ILS at Seletar, flight restrictions would impact a large area, from Pasir Gudang up north to Ayer Tawar (Johor) and almost to Kota Tinggi. The picture is somewhat misleading and should be viewed from a three-dimensional perspective, the experts said. The slope of the ILS surface steadily increases the farther it extends from the airport. This means that the farther it is from the airport, the less impact it will have on ground developments. For example, at Ayer Tawar, aircraft will be flying at the height of 1km.
Malaysia has nothing against Seletar Airport but cannot allow flights to descend over Pasir Gudang, Mr Loke said, urging Singapore to withdraw the ILS and to amend the flight path for entry from the southern end. But approaches from both directions are needed as wind direction changes through the year.
By Karamjit Kaur, Senior Aviation Correspondent, The Straits Times, 13 Dec 2018
Experts weighing in on Singapore's plans to introduce a new landing system for Seletar Airport said that this will not affect the current height restrictions for planes coming in.
Neither will it hamper the development of Johor's Pasir Gudang Port.
The main change from introducing an Instrument Landing System (ILS) is that pilots will be guided using ground instruments so that they no longer have to rely on just their vision.
This is because an ILS system offers a more precise landing path, the experts said.
Experts that The Straits Times spoke to pointed out several inaccuracies in the 90-second video posted by Malaysia's Transport Minister Anthony Loke on his Facebook page.
In the video, Mr Loke insisted that Singapore's plans for the Seletar ILS would mean that Pasir Gudang Port would encounter higher risks due to the height restrictions.
He said that with the ILS, structures 3km away from Seletar Airport cannot be built higher than 54m, while structures 6km away cannot be taller than 145m.
He said: "Even a crane would break the height limit. We can't even build tall buildings over Pasir Gudang if we allow that flight path."
But the experts said that with the ILS, the height limit 3km away from Seletar is in fact 93.8m. At 6km away, it is 193.1m.
With a layer of safety barrier added to that, the actual approach path for flights coming into Seletar would reach a height of 200.5m at 3km away from the airport - the same as it is today.
The flight path and height limits are in accordance with safety and operational standards prescribed by the International Civil Aviation Organisation (ICAO).
Their other observations on the video:
Mr Loke said the flight path prevents the construction of tall buildings over Pasir Gudang. But the experts said existing tall buildings directly below the current Seletar flight path have been taken into account in the design of the ILS procedures. The Straits Times understands that the Singapore authorities have not been informed of any new developments being planned in Pasir Gudang that could significantly affect the flight profile for Seletar flights. Under ICAO standards, countries are required to provide early notification of proposed future developments so that flight procedures can be adjusted if necessary.
With the proposed ILS, Pasir Gudang Port will be subjected to higher risks, Mr Loke said. Not true, said experts. For more than three decades, Singapore has safely managed the nexus between aircraft operations and ships transiting the Johor Strait to Pasir Gudang Port. Systems such as the Civil Aviation Authority of Singapore Vessel Height Measuring System are in place to safeguard both aviation and maritime activities. Flights get held back while tall vessels cross the Strait of Johor.
Mr Loke said that currently, pilots can manoeuvre around obstacles and no height regulation is required around flight path area. Compulsory height restrictions will kick in for ILS, he added. There will be no new height restrictions, said the experts. ICAO standards require all airports to mitigate the impact of tall buildings on aviation safety. This is regardless of ILS or visual landing systems.
In his video, Mr Loke said that with the ILS at Seletar, flight restrictions would impact a large area, from Pasir Gudang up north to Ayer Tawar (Johor) and almost to Kota Tinggi. The picture is somewhat misleading and should be viewed from a three-dimensional perspective, the experts said. The slope of the ILS surface steadily increases the farther it extends from the airport. This means that the farther it is from the airport, the less impact it will have on ground developments. For example, at Ayer Tawar, aircraft will be flying at the height of 1km.
Malaysia has nothing against Seletar Airport but cannot allow flights to descend over Pasir Gudang, Mr Loke said, urging Singapore to withdraw the ILS and to amend the flight path for entry from the southern end. But approaches from both directions are needed as wind direction changes through the year.
Khaw Boon Wan welcomes Malaysia's move to de-escalate tensions as 2 ships leave Singapore waters, urges complete withdrawal
Singapore, Malaysia to meet second week of Jan 2019 to discuss maritime dispute
By Adrian Lim, Political Correspondent, The Straits Times, 13 Dec 2018
Malaysia has taken steps to de-escalate tensions arising from its ongoing maritime dispute with Singapore, and has withdrawn a couple of its vessels from the Republic's territorial waters.
But one ship still remains in Singapore's waters as of Wednesday (Dec 12), and Transport Minister Khaw Boon Wan said he strongly urged Malaysia to withdraw completely, adding that the vessel's presence creates "unnecessary risks" and could lead to "accidental escalation on the ground".
This risk is also "not conducive to the upcoming bilateral discussions that we are going to hold next month", Mr Khaw told reporters on Wednesday. As of last Friday afternoon, there were three Malaysian ships in Singapore's waters.
Mr Khaw also said that the new flight procedures at Seletar Airport would not raise risks for Pasir Gudang port. He was responding to his Malaysian counterpart Anthony Loke, who had posted a video in which he said that the new procedures could cause problems around Pasir Gudang because of the height restrictions they placed.
Mr Khaw explained that the pilot would still retain full control of the flight, unlike what the video suggested. He also indicated that it may not be possible for Malaysian carrier Firefly, which had suspended flights to Singapore after initially agreeing to relocate to Seletar, to get back its original landing slots at Changi Airport.
Asked whether the talks - which both countries have agreed to hold in the second week of January - are conditional on Malaysian vessels pulling out completely from the disputed waters, Mr Khaw said: "We are committed to talks and we will talk, that has always been our attitude."
"Peaceful resolution is always the best way forward," he added. But having Malaysian ships remain "doesn't add to your legal case".
He said that Malaysia's commitment to take all effective measures to de-escalate any tensions on the ground is a "good move in the right direction".
The territorial dispute that Mr Khaw addressed was brought to light last Tuesday (Dec 4).
It was sparked off after Malaysia unilaterally extended its Johor Baru port boundaries through a gazette on Oct 25, encroaching into the Republic's waters.
The new boundary line extends beyond what Malaysia had previously claimed as its own waters in a 1979 map, which Singapore has not accepted.
Despite diplomatic protest from Singapore, there were 14 incursions by Malaysian government vessels into the Republic's waters, between Nov 24 and Dec 5.
Mr Khaw said that Singapore's security agencies continue to patrol the waters and keep a close watch on the situation.
"We value our bilateral relations with Malaysia. That's why we are trying out best to find a peaceful solution to the current dispute," Mr Khaw added.
"We explained to them that stationing their ships in our waters does not make an iota of difference to their legal claims... They acknowledge this legal point," Mr Khaw said.
During the interview, Mr Khaw also alluded to Malaysia Prime Minister Mahathir Mohamad's recent comment that Malaysia and Singapore are a pair of twins, "except maybe the elder twin is a little bit bigger than the younger one".
Mr Khaw said the analogy is a "good illustration", but he added: "As twins, we ought to embrace each other and help each other grow, and help each other succeed and celebrate each other's achievements. Then I think it is so much better."
Singapore, Malaysia to meet second week of Jan 2019 to discuss maritime dispute
By Adrian Lim, Political Correspondent, The Straits Times, 13 Dec 2018
Malaysia has taken steps to de-escalate tensions arising from its ongoing maritime dispute with Singapore, and has withdrawn a couple of its vessels from the Republic's territorial waters.
But one ship still remains in Singapore's waters as of Wednesday (Dec 12), and Transport Minister Khaw Boon Wan said he strongly urged Malaysia to withdraw completely, adding that the vessel's presence creates "unnecessary risks" and could lead to "accidental escalation on the ground".
This risk is also "not conducive to the upcoming bilateral discussions that we are going to hold next month", Mr Khaw told reporters on Wednesday. As of last Friday afternoon, there were three Malaysian ships in Singapore's waters.
Mr Khaw also said that the new flight procedures at Seletar Airport would not raise risks for Pasir Gudang port. He was responding to his Malaysian counterpart Anthony Loke, who had posted a video in which he said that the new procedures could cause problems around Pasir Gudang because of the height restrictions they placed.
Mr Khaw explained that the pilot would still retain full control of the flight, unlike what the video suggested. He also indicated that it may not be possible for Malaysian carrier Firefly, which had suspended flights to Singapore after initially agreeing to relocate to Seletar, to get back its original landing slots at Changi Airport.
Asked whether the talks - which both countries have agreed to hold in the second week of January - are conditional on Malaysian vessels pulling out completely from the disputed waters, Mr Khaw said: "We are committed to talks and we will talk, that has always been our attitude."
"Peaceful resolution is always the best way forward," he added. But having Malaysian ships remain "doesn't add to your legal case".
He said that Malaysia's commitment to take all effective measures to de-escalate any tensions on the ground is a "good move in the right direction".
The territorial dispute that Mr Khaw addressed was brought to light last Tuesday (Dec 4).
It was sparked off after Malaysia unilaterally extended its Johor Baru port boundaries through a gazette on Oct 25, encroaching into the Republic's waters.
The new boundary line extends beyond what Malaysia had previously claimed as its own waters in a 1979 map, which Singapore has not accepted.
Despite diplomatic protest from Singapore, there were 14 incursions by Malaysian government vessels into the Republic's waters, between Nov 24 and Dec 5.
Mr Khaw said that Singapore's security agencies continue to patrol the waters and keep a close watch on the situation.
"We value our bilateral relations with Malaysia. That's why we are trying out best to find a peaceful solution to the current dispute," Mr Khaw added.
"We explained to them that stationing their ships in our waters does not make an iota of difference to their legal claims... They acknowledge this legal point," Mr Khaw said.
During the interview, Mr Khaw also alluded to Malaysia Prime Minister Mahathir Mohamad's recent comment that Malaysia and Singapore are a pair of twins, "except maybe the elder twin is a little bit bigger than the younger one".
Mr Khaw said the analogy is a "good illustration", but he added: "As twins, we ought to embrace each other and help each other grow, and help each other succeed and celebrate each other's achievements. Then I think it is so much better."
We are trying our best to find a peaceful solution: Khaw Boon Wan
The Straits Times, 13 Dec 2018
Coordinating Minister for Infrastructure and Minister for Transport Khaw Boon Wan yesterday gave Singapore media an update on ongoing disputes with Malaysia. These are his remarks and replies to questions from reporters.
MR KHAW: We value our bilateral relations with Malaysia, that's why we are trying our best to find a peaceful solution to the current dispute. We explained to them that stationing their ships in our waters does not make an iota of difference to their legal claims. It doesn't enhance their legal case. They acknowledged this legal point, they committed to take all effective measures to de-escalate on the ground. This is a good move in the right direction. We too intend to manage this dispute in a calm and peaceful manner.
However, while they committed to de-escalate and have taken some steps, they do not agree to withdraw completely. This creates an unnecessary risk of an accidental escalation on the ground. That's why once again, we strongly urge Malaysia to withdraw from our waters. Otherwise, this risk is also not conducive to the upcoming bilateral discussions that we are going to hold next month. Meanwhile, our security agencies continue to patrol the waters and keep a close watch.
Q WHAT STEPS HAS MALAYSIA TAKEN TO DE-ESCALATE?
A The last time we met, there were two major ships in our waters and, as of today, or since yesterday, they have reduced it to one.
Q IF THEY DON'T WITHDRAW THEIR VESSELS ALTOGETHER, WILL TALKS STILL GO ON?
A We are committed to talks and we will talk. That has always been our attitude. Peaceful resolution is always the best way forward. But as I said, it (stationing your ships) doesn't add to your legal case. And our worry all the time is accidents can happen. These are big ships - few thousand tons, and they move at great speed. You don't know what will happen, and it may not be intended, but what if accidents happen? Then what?
Q CAN YOU TALK ABOUT THE INSTRUMENT LANDING SYSTEM (ILS) THAT MALAYSIAN TRANSPORT MINISTER ANTHONY LOKE POSTED ABOUT ON HIS FACEBOOK PAGE?
A I've watched the video, it's a good video. I commend their video team. But I think the video contains a few inaccuracies. Just one example: They talk about ILS (being) unlike a manual system. Sometimes you may confront a crane, for example, and it becomes a safety risk. That's not how ILS works. ILS is like autopilot in an aircraft, it is a tool for the pilot. The pilot can always have manual intervention if security concerns require it. So like autopilot, it doesn't mean the pilot doesn't have control. The pilot retains full control throughout the flight.
But the key point is, if it were a technical concern, with goodwill, I'm confident a mutually satisfactory technical solution can be found. The situation seems to be that they are using this technical excuse to trigger a demand to change the airspace arrangement which was brokered by ICAO (the International Civil Aviation Organisation) long, long ago in 1973, which has worked very well, benefiting all stakeholders in this region. So I'm truly baffled, I wonder why.
As transport ministries in two countries, we have worked very well together not just for a few years, but for many years, and not just bilaterally, but also in international fora - Asean, Apec (Asia-Pacific Economic Cooperation), Asem (Asia-Europe Meeting), ICAO, IMO (International Maritime Organisation). We've achieved so much together. And then out of the blue in October, suddenly, they started a row - in air, water - what next? Land transport too? I wonder why.
Their leader has described our two countries and compared them to a pair of twins, and that's a good illustration. As twins, you ought to embrace each other and help each other grow, and help each other succeed and celebrate each other's achievements. Then I think it's so much better.
Q MALAYSIA HAS ASKED SINGAPORE TO CONSIDER REVIEWING THE ILS FLIGHT PATH. IS THIS SOMETHING SINGAPORE IS WILLING TO CONSIDER?
A As I said, if it were a technical concern, with goodwill, I'm quite sure a technical solution that satisfies both sides can be found. But if it is not, it is just a technical excuse to trigger an unfriendly act. Then I think it's a different story. There's a Chinese expression - ben shi tong gen sheng, xiang jian he tai ji - You are cooking some bean soup, so you are boiling the beans in the pot using the beanstalk... (as fuel for) the fire. The beans are crying out in pain, but the beanstalk is not doing any better, it is also dying in the fire. What for?
Q FIREFLY HAS ASKED FOR ITS SLOTS AT CHANGI TO BE RETURNED. IS THIS SOMETHING SINGAPORE OR CHANGI AIRPORT GROUP WOULD CONSIDER?
A Firefly knew that we were shifting them to Seletar and they have planned on that basis. They have inspected Seletar and they are very pleased with Seletar Airport and, as a result, months ago, they applied for slots in Seletar and we welcomed them there. Their slots in Changi have therefore been given up, and redistributed to other airlines.
Q SHOULD THE MEETING TAKE PLACE SOONER?
A The meetings are being scheduled by the foreign affairs ministries of both countries. We have found a common slot - the second week of January - and we will proceed with the meeting.
Q WOULD YOU DESCRIBE BILATERAL RELATIONS AS AT THE LOWEST POINT RIGHT NOW?
A Four days ago I celebrated my birthday, I'm 66 this year. I wasn't born yesterday, and I have seen a lot. Whether this is the lowest point, it doesn't really matter. I think the key point is - as neighbours, you will always have some disputes and it's how you address them, and always have the hope and optimism that something better can come out of it. Let me sit down with you and understand. I described to you (last Thursday) that was how I worked with Minister Azmin Ali on the HSR (high-speed rail). We could have taken a completely legalistic approach to that project but we chose not to. I'm sure it can be applied to other sectors too. However, if you prefer to do something else, then there's a different approach. We have options too.
The Straits Times, 13 Dec 2018
Coordinating Minister for Infrastructure and Minister for Transport Khaw Boon Wan yesterday gave Singapore media an update on ongoing disputes with Malaysia. These are his remarks and replies to questions from reporters.
MR KHAW: We value our bilateral relations with Malaysia, that's why we are trying our best to find a peaceful solution to the current dispute. We explained to them that stationing their ships in our waters does not make an iota of difference to their legal claims. It doesn't enhance their legal case. They acknowledged this legal point, they committed to take all effective measures to de-escalate on the ground. This is a good move in the right direction. We too intend to manage this dispute in a calm and peaceful manner.
However, while they committed to de-escalate and have taken some steps, they do not agree to withdraw completely. This creates an unnecessary risk of an accidental escalation on the ground. That's why once again, we strongly urge Malaysia to withdraw from our waters. Otherwise, this risk is also not conducive to the upcoming bilateral discussions that we are going to hold next month. Meanwhile, our security agencies continue to patrol the waters and keep a close watch.
Q WHAT STEPS HAS MALAYSIA TAKEN TO DE-ESCALATE?
A The last time we met, there were two major ships in our waters and, as of today, or since yesterday, they have reduced it to one.
Q IF THEY DON'T WITHDRAW THEIR VESSELS ALTOGETHER, WILL TALKS STILL GO ON?
A We are committed to talks and we will talk. That has always been our attitude. Peaceful resolution is always the best way forward. But as I said, it (stationing your ships) doesn't add to your legal case. And our worry all the time is accidents can happen. These are big ships - few thousand tons, and they move at great speed. You don't know what will happen, and it may not be intended, but what if accidents happen? Then what?
Q CAN YOU TALK ABOUT THE INSTRUMENT LANDING SYSTEM (ILS) THAT MALAYSIAN TRANSPORT MINISTER ANTHONY LOKE POSTED ABOUT ON HIS FACEBOOK PAGE?
A I've watched the video, it's a good video. I commend their video team. But I think the video contains a few inaccuracies. Just one example: They talk about ILS (being) unlike a manual system. Sometimes you may confront a crane, for example, and it becomes a safety risk. That's not how ILS works. ILS is like autopilot in an aircraft, it is a tool for the pilot. The pilot can always have manual intervention if security concerns require it. So like autopilot, it doesn't mean the pilot doesn't have control. The pilot retains full control throughout the flight.
But the key point is, if it were a technical concern, with goodwill, I'm confident a mutually satisfactory technical solution can be found. The situation seems to be that they are using this technical excuse to trigger a demand to change the airspace arrangement which was brokered by ICAO (the International Civil Aviation Organisation) long, long ago in 1973, which has worked very well, benefiting all stakeholders in this region. So I'm truly baffled, I wonder why.
As transport ministries in two countries, we have worked very well together not just for a few years, but for many years, and not just bilaterally, but also in international fora - Asean, Apec (Asia-Pacific Economic Cooperation), Asem (Asia-Europe Meeting), ICAO, IMO (International Maritime Organisation). We've achieved so much together. And then out of the blue in October, suddenly, they started a row - in air, water - what next? Land transport too? I wonder why.
Their leader has described our two countries and compared them to a pair of twins, and that's a good illustration. As twins, you ought to embrace each other and help each other grow, and help each other succeed and celebrate each other's achievements. Then I think it's so much better.
Q MALAYSIA HAS ASKED SINGAPORE TO CONSIDER REVIEWING THE ILS FLIGHT PATH. IS THIS SOMETHING SINGAPORE IS WILLING TO CONSIDER?
A As I said, if it were a technical concern, with goodwill, I'm quite sure a technical solution that satisfies both sides can be found. But if it is not, it is just a technical excuse to trigger an unfriendly act. Then I think it's a different story. There's a Chinese expression - ben shi tong gen sheng, xiang jian he tai ji - You are cooking some bean soup, so you are boiling the beans in the pot using the beanstalk... (as fuel for) the fire. The beans are crying out in pain, but the beanstalk is not doing any better, it is also dying in the fire. What for?
Q FIREFLY HAS ASKED FOR ITS SLOTS AT CHANGI TO BE RETURNED. IS THIS SOMETHING SINGAPORE OR CHANGI AIRPORT GROUP WOULD CONSIDER?
A Firefly knew that we were shifting them to Seletar and they have planned on that basis. They have inspected Seletar and they are very pleased with Seletar Airport and, as a result, months ago, they applied for slots in Seletar and we welcomed them there. Their slots in Changi have therefore been given up, and redistributed to other airlines.
Q SHOULD THE MEETING TAKE PLACE SOONER?
A The meetings are being scheduled by the foreign affairs ministries of both countries. We have found a common slot - the second week of January - and we will proceed with the meeting.
Q WOULD YOU DESCRIBE BILATERAL RELATIONS AS AT THE LOWEST POINT RIGHT NOW?
A Four days ago I celebrated my birthday, I'm 66 this year. I wasn't born yesterday, and I have seen a lot. Whether this is the lowest point, it doesn't really matter. I think the key point is - as neighbours, you will always have some disputes and it's how you address them, and always have the hope and optimism that something better can come out of it. Let me sit down with you and understand. I described to you (last Thursday) that was how I worked with Minister Azmin Ali on the HSR (high-speed rail). We could have taken a completely legalistic approach to that project but we chose not to. I'm sure it can be applied to other sectors too. However, if you prefer to do something else, then there's a different approach. We have options too.
Singapore 'encouraged' by Malaysia's statement that it will de-escalate situation in maritime dispute, reiterates call for KL to revert to status quo prior to 25 October 2018
By Adrian Lim, Political Correspondent, The Straits Times, 11 Dec 2018
Malaysia yesterday said it will take all effective measures to de-escalate the situation on the ground and handle the ongoing maritime boundary dispute with Singapore in a calm and peaceful manner.
It also reiterated the importance of strong bilateral relations, and hoped that talks on resolving matters would start expeditiously, Malaysia's Foreign Ministry said in a statement.
Singapore responded by saying it is "encouraged" that Malaysia has said it will take all effective measures to de-escalate the situation.
Singapore also welcomes the Malaysian government's agreement that officials meet in the second week of January to exchange views on resolving the Johor Baru port limits issue, said the Republic's Ministry of Foreign Affairs (MFA).
Still, MFA said Singapore is "disappointed" that Malaysia is unable to accede to its proposal to revert to the pre-Oct 25 status quo. The Johor Baru port limits were unilaterally extended by Malaysia that day, with Malaysia claiming waters belonging to Singapore as its own.
Singapore had, in a diplomatic note to Malaysia last Saturday, declined Malaysia's proposal for both sides to cease and desist from sending ships into the disputed area.
It had also called on Malaysia to return to the pre-Oct 25 status quo by immediately withdrawing all its government vessels in the area.
Yesterday, MFA said Malaysia will be responsible for any "untoward situations" on the ground that arise from continued deployment of its vessels into this area.
In its statement, MFA revealed that last Friday, Singapore's Home Affairs and Law Minister K. Shanmugam and Attorney-General Lucien Wong met Malaysian Attorney-General Tommy Thomas to discuss the issue, along with other matters.
The Singapore officials proposed to Mr Thomas that Malaysia return to the status quo ante prior to Oct 25, "without prejudice to Malaysia's and Singapore's respective positions on the maritime boundary between the two countries in the area which Malaysia now claims".
Maritime boundary claims can be made under international law, in accordance with established procedures, without needing ships facing off against one another, MFA said.
"Malaysia has acknowledged that Singapore's proposal would have been without prejudice to both sides' respective positions... Singapore is hence disappointed that Malaysia is unable to accede to Singapore's proposal to go back to the status quo ante prior to 25 October 2018," it added.
"Nevertheless, Singapore is encouraged that Malaysia has undertaken to take all effective measures to de-escalate the situation on the ground and handle the situation in a calm and peaceful manner."
On reiterating its call for Malaysia to revert to the pre-Oct 25 status quo, Singapore said this will avoid misunderstandings and potential issues on the ground. "Malaysia's deployments in this area will not strengthen its legal claim and can only heighten tensions. Malaysia will be responsible for any untoward situations on the ground that arise from continued deployment of its vessels into this area," it said. MFA also said the Singapore Government hopes to work with the Malaysian government to find an "amicable resolution of issues between the two countries in accordance with international law, and in the spirit of preserving our important bilateral relationship".
MFA's reply is the latest on an ongoing territorial dispute between both sides that was brought to light last Tuesday. Between Nov 24 and Dec 5, there were 14 incursions by Malaysian government vessels into waters Singapore has regarded as its own.
Meanwhile, Malaysian Prime Minister Mahathir Mohamad said earlier yesterday that Malaysia will keep its vessels in the disputed waters until a decision has been reached.
Later at night, he said in an interview on Malaysia's TV1 station: "It happens between neighbours, this overlapping of claims... The issue can be negotiated, if not we go for arbitration, or the courts. But we hold on to the belief that we are in the right."
KL's undertaking to de-escalate maritime situation welcomed
Observers expect resolving the issue to take time, but say presence of Malaysian ships is not helpful
By Adrian Lim, Political Correspondent and Tan Tam Mei, The Straits Times, 11 Dec 2018
Singaporeans interviewed yesterday welcomed Malaysia's statement that it would take steps to "de-escalate" the situation on the ground in its ongoing dispute with the Republic. Some political observers, however, pointed out that the presence of Malaysian ships in Singapore's territorial waters was a serious sticking point.
Malaysia said yesterday that it was unable to accede to Singapore's proposal to revert to the status quo before Oct 25, when the Johor Baru port limits were unilaterally extended, encroaching into the Republic's waters.
Singapore Management University law don Eugene Tan told The Straits Times: "So long as the Malaysian government vessels remain in our waters, the risk of escalation is real and de-escalation of tensions a pipe dream."
There are still underlying tensions, even though both Singapore and Malaysia have said they would meet in the second week of next month to exchange views on the matter, the experts said.
Dr Felix Tan, an associate lecturer at SIM Global Education, said it is not clear at the moment what Malaysia is seeking to gain from pursuing this issue.
"For Malaysia to antagonise Singapore to this extent, there must be something they want out of the discussions. I don't think it is a simple dispute over a maritime border, or over airspace over Johor," said Dr Tan, referring to Malaysia's recently announced intentions to reclaim the management of the airspace over southern Johor.
Dr Tan also highlighted the current political leadership in Malaysia as another complexity in the issue.
"Prime Minister Mahathir Mohamad is back to his usual nudging and prodding Singapore at every opportunity he can get," said Dr Tan.
Singaporeans who have been following the developments felt that the situation should be handled sensitively as tensions between the two countries seemed high.
Freelance videographer Syamil Osman, 27, who visits Johor Baru frequently, said the situation was worrying. However, he felt the reactions from Singapore and Malaysia did show that both were open to negotiations, which was a relief.
Management consultant Astrid Lim, 26, said she hoped the countries could come to a consensus and understanding soon.
She said: "I think there are better ways to resolve this issue than to escalate it into a regional concern. Maybe more immediate bilateral meetings to understand the intentions would be suitable, instead of engaging in tit-for-tat moves."
Many Singaporeans, like Mr Ng Cher Pheng, 63, a retired insurance agent, agreed that remaining calm and logical was the right way forward for Singapore.
"(Singapore should) wait and see their next steps. But we should enforce our sovereignty and be firm with our actions," he said.
Referring to yesterday's developments, Mr Ng said Singapore should not be provocative in its actions. "But I think we should still make our presence felt... so that they know we mean what we say."
Singapore's firm stance on the matter was also lauded by some, with Singaporeans like Mr Anselm De Souza, 57, a retired sales director, agreeing with the actions taken. "I see that the Government has taken a strong stand, which is good as it is backing it with facts as well."
While the situation might be a strain on the relationship between both nations, Miss Lim said she hoped both would remember the long historical ties and deal with the matter rationally.
"I think this will eventually subside, given the good logic of our combined leaders and good ties between citizens," she said.
MALAYSIA'S FOREIGN MINISTRY YESTERDAY ISSUED A STATEMENT ON THE LATEST DEVELOPMENTS IN THE MARITIME BOUNDARY DISPUTE, ARISING FROM KUALA LUMPUR EXTENDING PORT LIMITS FOR THE JOHOR BARU PORT. SINGAPORE'S FOREIGN MINISTRY HAS ALSO ISSUED A STATEMENT IN RESPONSE. BOTH STATEMENTS ARE REPRODUCED IN FULL HERE.
MALAYSIA'S STATEMENT
PRESS RELEASE: MINISTRY OF FOREIGN AFFAIRS, MALAYSIA
Malaysia continues further discussions with Singapore
The Ministry of Foreign Affairs today called the Singaporean High Commissioner to discuss the latest development arising from the Declaration of Alteration of Port Limits for Johore Bahru Port published on 25 October 2018 and the Singapore Port Marine Circular No. 9 of 2018 dated 6 December 2018.
During the discussion, the Ministry welcomed Singapore's continued emphasis on the importance of dialogue, and its willingness to engage with Malaysia in resolving matters amicably, along with its consideration of Malaysia's proposed agenda for the bilateral discussion. Malaysia is also agreeable to Singapore's counter-proposed dates in January 2019.
The Ministry referred to Singapore's Diplomatic Note of 8 December 2018, in which Singapore declined Malaysia's proposal for both countries to mutually cease and desist sending assets into the disputed area effective 0000 hrs on 8 December 2018 with a view of promoting de-escalation of tensions on the ground, pending discussions on outstanding maritime boundary issues. Singapore also called upon Malaysia to return to the status quo prior to 25 October 2018 by immediately withdrawing all Malaysian Government vessels in the area. Both countries acknowledge that any measures taken, would be without prejudice to their own claims.
While the Government of Malaysia is unable to accede to Singapore's counter proposal, Malaysia will take all effective measures to de-escalate the situation on the ground, reaffirming its position to handle the situation in a calm and peaceful manner.
In the meantime, Malaysia reiterates the importance of strong bilateral relations between the two countries, and hope that discussions will commence expeditiously.
PUTRAJAYA
10 December 2018
SINGAPORE'S STATEMENT
MFA'S PRESS STATEMENT in response to the statement by the Malaysian Ministry of Foreign Affairs yesterday:
On 25 October 2018, the Malaysian Government published a declaration on the alteration of Johor Bahru Port Limits. Malaysian Government vessels then entered into Singapore Territorial Waters ("STW") off Tuas.
Singapore protested these actions. The Singapore Government made it clear that the Malaysian Government vessels should cease these intrusions and leave STW. Singapore also pointed out that the presence of Malaysian Government vessels in STW raised tensions on the ground, and risked causing an unintended and dangerous incident.
On 7 December 2018, the Minister for Home Affairs and Minister for Law Mr K. Shanmugam and Attorney-General Mr Lucien Wong met with the Malaysian Attorney-General Mr Tommy Thomas to discuss these and other issues. The Singapore officials proposed to Attorney-General Thomas that Malaysia returns to the status quo ante prior to 25 October 2018, without prejudice to Malaysia's and Singapore's respective positions on the maritime boundary between the two countries in the area which Malaysia now claims. Maritime boundary claims can be made under international law, in accordance with established procedures, without needing to have ships facing off against one another.
The Singapore Government notes the statement issued by the Malaysian Government this evening. Malaysia has acknowledged that Singapore's proposal would have been without prejudice to both sides' respective positions on the maritime boundary. Singapore is hence disappointed that Malaysia is unable to accede to Singapore's proposal to go back to the status quo ante prior to 25 October 2018.
Nevertheless, Singapore is encouraged that Malaysia has undertaken to take all effective measures to de-escalate the situation on the ground, and handle the situation in a calm and peaceful manner. Singapore also welcomes the Malaysian Government's agreement that officials meet in the second week of January 2019, to exchange views on resolving the Johor Bahru Port Limits issue.
Meanwhile, Singapore reiterates its call to Malaysia to revert to the status quo ante prior to 25 October 2018. This will avoid misunderstandings and potential issues on the ground. Malaysia's deployments in this area will not strengthen its legal claim and can only heighten tensions. Malaysia will be responsible for any untoward situations on the ground that arise from continued deployment of its vessels into this area.
The Singapore Government hopes to work with the Malaysian Government to find an amicable resolution of issues between the two countries in accordance with international law, and in the spirit of preserving our important bilateral relationship.
MINISTRY OF FOREIGN AFFAIRS
SINGAPORE
10 DECEMBER 2018
Observers expect resolving the issue to take time, but say presence of Malaysian ships is not helpful
By Adrian Lim, Political Correspondent and Tan Tam Mei, The Straits Times, 11 Dec 2018
Singaporeans interviewed yesterday welcomed Malaysia's statement that it would take steps to "de-escalate" the situation on the ground in its ongoing dispute with the Republic. Some political observers, however, pointed out that the presence of Malaysian ships in Singapore's territorial waters was a serious sticking point.
Malaysia said yesterday that it was unable to accede to Singapore's proposal to revert to the status quo before Oct 25, when the Johor Baru port limits were unilaterally extended, encroaching into the Republic's waters.
Singapore Management University law don Eugene Tan told The Straits Times: "So long as the Malaysian government vessels remain in our waters, the risk of escalation is real and de-escalation of tensions a pipe dream."
There are still underlying tensions, even though both Singapore and Malaysia have said they would meet in the second week of next month to exchange views on the matter, the experts said.
Dr Felix Tan, an associate lecturer at SIM Global Education, said it is not clear at the moment what Malaysia is seeking to gain from pursuing this issue.
"For Malaysia to antagonise Singapore to this extent, there must be something they want out of the discussions. I don't think it is a simple dispute over a maritime border, or over airspace over Johor," said Dr Tan, referring to Malaysia's recently announced intentions to reclaim the management of the airspace over southern Johor.
Dr Tan also highlighted the current political leadership in Malaysia as another complexity in the issue.
"Prime Minister Mahathir Mohamad is back to his usual nudging and prodding Singapore at every opportunity he can get," said Dr Tan.
Singaporeans who have been following the developments felt that the situation should be handled sensitively as tensions between the two countries seemed high.
Freelance videographer Syamil Osman, 27, who visits Johor Baru frequently, said the situation was worrying. However, he felt the reactions from Singapore and Malaysia did show that both were open to negotiations, which was a relief.
Management consultant Astrid Lim, 26, said she hoped the countries could come to a consensus and understanding soon.
She said: "I think there are better ways to resolve this issue than to escalate it into a regional concern. Maybe more immediate bilateral meetings to understand the intentions would be suitable, instead of engaging in tit-for-tat moves."
Many Singaporeans, like Mr Ng Cher Pheng, 63, a retired insurance agent, agreed that remaining calm and logical was the right way forward for Singapore.
"(Singapore should) wait and see their next steps. But we should enforce our sovereignty and be firm with our actions," he said.
Referring to yesterday's developments, Mr Ng said Singapore should not be provocative in its actions. "But I think we should still make our presence felt... so that they know we mean what we say."
Singapore's firm stance on the matter was also lauded by some, with Singaporeans like Mr Anselm De Souza, 57, a retired sales director, agreeing with the actions taken. "I see that the Government has taken a strong stand, which is good as it is backing it with facts as well."
While the situation might be a strain on the relationship between both nations, Miss Lim said she hoped both would remember the long historical ties and deal with the matter rationally.
"I think this will eventually subside, given the good logic of our combined leaders and good ties between citizens," she said.
MALAYSIA'S FOREIGN MINISTRY YESTERDAY ISSUED A STATEMENT ON THE LATEST DEVELOPMENTS IN THE MARITIME BOUNDARY DISPUTE, ARISING FROM KUALA LUMPUR EXTENDING PORT LIMITS FOR THE JOHOR BARU PORT. SINGAPORE'S FOREIGN MINISTRY HAS ALSO ISSUED A STATEMENT IN RESPONSE. BOTH STATEMENTS ARE REPRODUCED IN FULL HERE.
MALAYSIA'S STATEMENT
PRESS RELEASE: MINISTRY OF FOREIGN AFFAIRS, MALAYSIA
Malaysia continues further discussions with Singapore
The Ministry of Foreign Affairs today called the Singaporean High Commissioner to discuss the latest development arising from the Declaration of Alteration of Port Limits for Johore Bahru Port published on 25 October 2018 and the Singapore Port Marine Circular No. 9 of 2018 dated 6 December 2018.
During the discussion, the Ministry welcomed Singapore's continued emphasis on the importance of dialogue, and its willingness to engage with Malaysia in resolving matters amicably, along with its consideration of Malaysia's proposed agenda for the bilateral discussion. Malaysia is also agreeable to Singapore's counter-proposed dates in January 2019.
The Ministry referred to Singapore's Diplomatic Note of 8 December 2018, in which Singapore declined Malaysia's proposal for both countries to mutually cease and desist sending assets into the disputed area effective 0000 hrs on 8 December 2018 with a view of promoting de-escalation of tensions on the ground, pending discussions on outstanding maritime boundary issues. Singapore also called upon Malaysia to return to the status quo prior to 25 October 2018 by immediately withdrawing all Malaysian Government vessels in the area. Both countries acknowledge that any measures taken, would be without prejudice to their own claims.
While the Government of Malaysia is unable to accede to Singapore's counter proposal, Malaysia will take all effective measures to de-escalate the situation on the ground, reaffirming its position to handle the situation in a calm and peaceful manner.
In the meantime, Malaysia reiterates the importance of strong bilateral relations between the two countries, and hope that discussions will commence expeditiously.
PUTRAJAYA
10 December 2018
SINGAPORE'S STATEMENT
MFA'S PRESS STATEMENT in response to the statement by the Malaysian Ministry of Foreign Affairs yesterday:
On 25 October 2018, the Malaysian Government published a declaration on the alteration of Johor Bahru Port Limits. Malaysian Government vessels then entered into Singapore Territorial Waters ("STW") off Tuas.
Singapore protested these actions. The Singapore Government made it clear that the Malaysian Government vessels should cease these intrusions and leave STW. Singapore also pointed out that the presence of Malaysian Government vessels in STW raised tensions on the ground, and risked causing an unintended and dangerous incident.
On 7 December 2018, the Minister for Home Affairs and Minister for Law Mr K. Shanmugam and Attorney-General Mr Lucien Wong met with the Malaysian Attorney-General Mr Tommy Thomas to discuss these and other issues. The Singapore officials proposed to Attorney-General Thomas that Malaysia returns to the status quo ante prior to 25 October 2018, without prejudice to Malaysia's and Singapore's respective positions on the maritime boundary between the two countries in the area which Malaysia now claims. Maritime boundary claims can be made under international law, in accordance with established procedures, without needing to have ships facing off against one another.
The Singapore Government notes the statement issued by the Malaysian Government this evening. Malaysia has acknowledged that Singapore's proposal would have been without prejudice to both sides' respective positions on the maritime boundary. Singapore is hence disappointed that Malaysia is unable to accede to Singapore's proposal to go back to the status quo ante prior to 25 October 2018.
Nevertheless, Singapore is encouraged that Malaysia has undertaken to take all effective measures to de-escalate the situation on the ground, and handle the situation in a calm and peaceful manner. Singapore also welcomes the Malaysian Government's agreement that officials meet in the second week of January 2019, to exchange views on resolving the Johor Bahru Port Limits issue.
Meanwhile, Singapore reiterates its call to Malaysia to revert to the status quo ante prior to 25 October 2018. This will avoid misunderstandings and potential issues on the ground. Malaysia's deployments in this area will not strengthen its legal claim and can only heighten tensions. Malaysia will be responsible for any untoward situations on the ground that arise from continued deployment of its vessels into this area.
The Singapore Government hopes to work with the Malaysian Government to find an amicable resolution of issues between the two countries in accordance with international law, and in the spirit of preserving our important bilateral relationship.
MINISTRY OF FOREIGN AFFAIRS
SINGAPORE
10 DECEMBER 2018
Malaysians urge KL, Singapore to settle spat, as 'a lot depends on ties'
The Straits Times, 11 Dec 2018
PETALING JAYA • Malaysians and businesses in the country want the maritime and airspace boundary dispute between Malaysia and Singapore to be resolved amicably as soon as possible, as a lot is riding on the relationship.
With their economies intricately linked to each other - Singapore is Malaysia's second-largest trading partner, while hundreds of thousands of Malaysians in Johor commute daily to the Republic for work and study - a long-drawn-out spat is likely to affect both countries.
In Malaysia, the business sector is calling for the dispute to be solved amicably to safeguard the bilateral and trading ties between the two countries.
SME Association of Malaysia president Michael Kang said strong relations between Malaysia and other ASEAN countries are essential to the region's survival and relevance in the long run. "I am sure this is what the people from both Malaysia and Singapore want to see too," he said on Sunday.
He said both countries should engage less in a war of words. "Be it engaging in active discussions or initiating legal procedure, both countries have to cooperate and solve the issue either way," he added.
Associated Chinese Chambers of Commerce and Industry in Malaysia secretary-general Low Kian Chuan said there was no need for the neighbours to fight.
"The issue may not affect the business sector much as of now, but it doesn't mean that it should be taken lightly," said Datuk Low. "It will be up to the Foreign Ministry's wisdom to deal with it by following the law. It should not drag on... especially after so many years of being together."
Describing the bilateral relationship between the two countries as "cold politics" and "hot economics", Socio-Economic Research Centre executive director Lee Heng Guie said both countries' economic and investment relationship has been strong despite occasional flashpoints and issues in the past.
Singapore's foreign direct investment (FDI) stock in Malaysia as of end-June, he said, totalled RM120.9 billion (S$39.8 billion), or 19.6 per cent of Malaysia's outstanding FDI, making the Republic the largest foreign investor in Malaysia.
"In our assessment, the probability of high-intensity conflict is low. It is in the best interest of both countries to negotiate and resolve their differences," he said.
Residents of Johor, Singapore's immediate neighbour, likewise feel that both countries should meet at the negotiation table as soon as possible.
Mr Andes Wong, 32, a Malaysian who visits Singapore frequently, said that both countries have a long history of good relations that should not be marred by a maritime or airspace dispute.
"I believe we can come to a win-win situation which will benefit all sides," he said on Sunday.
He said many Malaysians and Singaporeans cross over to both countries daily, and both governments have gained revenue from this.
Mr Saiful Ahmad, 47, who travels daily to Singapore for work, said an amicable solution was the best way.
"I am worried about my livelihood. I cannot afford to lose my job if the situation worsens and both countries restrict the movement of people," he said.
Mr Justin Seow, who is studying at Nanyang Technological University, said: "I hope the bilateral relations will not worsen. The question arises whether the people of the two nations will be blinded by pure nationalism or they will consider things from a rational level."
He does not think the dispute would cost Malaysians their jobs in the Republic, but it all depends on the city-state's response if the dispute escalates.
THE STAR/ASIA NEWS NETWORK
The Straits Times, 11 Dec 2018
PETALING JAYA • Malaysians and businesses in the country want the maritime and airspace boundary dispute between Malaysia and Singapore to be resolved amicably as soon as possible, as a lot is riding on the relationship.
With their economies intricately linked to each other - Singapore is Malaysia's second-largest trading partner, while hundreds of thousands of Malaysians in Johor commute daily to the Republic for work and study - a long-drawn-out spat is likely to affect both countries.
In Malaysia, the business sector is calling for the dispute to be solved amicably to safeguard the bilateral and trading ties between the two countries.
SME Association of Malaysia president Michael Kang said strong relations between Malaysia and other ASEAN countries are essential to the region's survival and relevance in the long run. "I am sure this is what the people from both Malaysia and Singapore want to see too," he said on Sunday.
He said both countries should engage less in a war of words. "Be it engaging in active discussions or initiating legal procedure, both countries have to cooperate and solve the issue either way," he added.
Associated Chinese Chambers of Commerce and Industry in Malaysia secretary-general Low Kian Chuan said there was no need for the neighbours to fight.
"The issue may not affect the business sector much as of now, but it doesn't mean that it should be taken lightly," said Datuk Low. "It will be up to the Foreign Ministry's wisdom to deal with it by following the law. It should not drag on... especially after so many years of being together."
Describing the bilateral relationship between the two countries as "cold politics" and "hot economics", Socio-Economic Research Centre executive director Lee Heng Guie said both countries' economic and investment relationship has been strong despite occasional flashpoints and issues in the past.
Singapore's foreign direct investment (FDI) stock in Malaysia as of end-June, he said, totalled RM120.9 billion (S$39.8 billion), or 19.6 per cent of Malaysia's outstanding FDI, making the Republic the largest foreign investor in Malaysia.
"In our assessment, the probability of high-intensity conflict is low. It is in the best interest of both countries to negotiate and resolve their differences," he said.
Residents of Johor, Singapore's immediate neighbour, likewise feel that both countries should meet at the negotiation table as soon as possible.
Mr Andes Wong, 32, a Malaysian who visits Singapore frequently, said that both countries have a long history of good relations that should not be marred by a maritime or airspace dispute.
"I believe we can come to a win-win situation which will benefit all sides," he said on Sunday.
He said many Malaysians and Singaporeans cross over to both countries daily, and both governments have gained revenue from this.
Mr Saiful Ahmad, 47, who travels daily to Singapore for work, said an amicable solution was the best way.
"I am worried about my livelihood. I cannot afford to lose my job if the situation worsens and both countries restrict the movement of people," he said.
Mr Justin Seow, who is studying at Nanyang Technological University, said: "I hope the bilateral relations will not worsen. The question arises whether the people of the two nations will be blinded by pure nationalism or they will consider things from a rational level."
He does not think the dispute would cost Malaysians their jobs in the Republic, but it all depends on the city-state's response if the dispute escalates.
THE STAR/ASIA NEWS NETWORK
Singapore Transport Ministry responds to statement by Malaysia counterpart on Seletar Airport flight procedures
Documents made public were in response to media queries, it says
By Karamjit Kaur, Senior Aviation Correspondent, The Straits Times, 11 Dec 2018
The Ministry of Transport said yesterday that the documents it made public last Tuesday with regard to flight procedures for Seletar Airport - the Instrument Landing System procedures - were in response to media queries as to whether the Civil Aviation Authority of Singapore (CAAS) had consulted its Malaysian counterpart in December last year.
The queries arose from Malaysia's inaccurate claim earlier that day that the matter had come to its attention only two months ago, in October.
The ministry's clarification came after Malaysia's Transport Ministry said yesterday afternoon that the disclosure by the Singapore Transport Ministry was "only partial and selective with the primary aim of influencing public opinion".
In its statement, the Malaysian Ministry of Transport said that while it appreciates the Singapore Ministry of Transport's efforts at promoting transparency, the Singapore ministry should also release the letters from the Civil Aviation Authority of Malaysia (CAAM) to its Singapore counterpart. These letters were dated Oct 9, Nov 15 and Nov 28.
"Failing to do so, we are prepared to release the letters for full disclosure of such information for the public's comprehension of our stand on the same," the Malaysian ministry said.
In response, Singapore's Transport Ministry said: "Singapore's view is that it would be useful for negotiations to be kept confidential to facilitate frank and constructive exchanges. This is why we have not released any other correspondence between Singapore and Malaysia on this matter. The Malaysia Minister for Transport, Anthony Loke, had expressed a similar view on Dec 4, 2018."
The ministry added: "Nonetheless, we have no objection if Malaysia feels the need to release correspondence on this matter."
However, for transparency, the Malaysian Ministry of Transport should ensure that all correspondence and records of discussions between Singapore and Malaysia are published, including the record of discussion of the latest meeting between the two countries on Nov 29 and 30.
The first signs of Singapore-Malaysia tensions over Seletar Airport came to light on Nov 23, when Malaysian carrier Firefly made the surprising announcement that it would suspend all flights to Singapore from Dec 1, the day it was supposed to move its operations from Changi Airport to Seletar Airport.
Two days later, CAAS explained that this was because the Malaysia Airlines subsidiary had not received approval from its regulator, CAAM, to make the move.
Firefly had first agreed in 2014 that it would transfer all operations to a new passenger terminal to be built at Seletar to handle turboprop flights, which it operates.
According to CAAM, there are regulatory issues that need to be resolved between the civil aviation authorities of both countries over the proposed move, as well as outstanding airspace issues. This has to do with Malaysia wanting to take back air traffic services for airspace over southern Johor, which were delegated to Singapore in 1974.
Documents made public were in response to media queries, it says
By Karamjit Kaur, Senior Aviation Correspondent, The Straits Times, 11 Dec 2018
The Ministry of Transport said yesterday that the documents it made public last Tuesday with regard to flight procedures for Seletar Airport - the Instrument Landing System procedures - were in response to media queries as to whether the Civil Aviation Authority of Singapore (CAAS) had consulted its Malaysian counterpart in December last year.
The queries arose from Malaysia's inaccurate claim earlier that day that the matter had come to its attention only two months ago, in October.
The ministry's clarification came after Malaysia's Transport Ministry said yesterday afternoon that the disclosure by the Singapore Transport Ministry was "only partial and selective with the primary aim of influencing public opinion".
In its statement, the Malaysian Ministry of Transport said that while it appreciates the Singapore Ministry of Transport's efforts at promoting transparency, the Singapore ministry should also release the letters from the Civil Aviation Authority of Malaysia (CAAM) to its Singapore counterpart. These letters were dated Oct 9, Nov 15 and Nov 28.
"Failing to do so, we are prepared to release the letters for full disclosure of such information for the public's comprehension of our stand on the same," the Malaysian ministry said.
In response, Singapore's Transport Ministry said: "Singapore's view is that it would be useful for negotiations to be kept confidential to facilitate frank and constructive exchanges. This is why we have not released any other correspondence between Singapore and Malaysia on this matter. The Malaysia Minister for Transport, Anthony Loke, had expressed a similar view on Dec 4, 2018."
The ministry added: "Nonetheless, we have no objection if Malaysia feels the need to release correspondence on this matter."
However, for transparency, the Malaysian Ministry of Transport should ensure that all correspondence and records of discussions between Singapore and Malaysia are published, including the record of discussion of the latest meeting between the two countries on Nov 29 and 30.
The first signs of Singapore-Malaysia tensions over Seletar Airport came to light on Nov 23, when Malaysian carrier Firefly made the surprising announcement that it would suspend all flights to Singapore from Dec 1, the day it was supposed to move its operations from Changi Airport to Seletar Airport.
Two days later, CAAS explained that this was because the Malaysia Airlines subsidiary had not received approval from its regulator, CAAM, to make the move.
Firefly had first agreed in 2014 that it would transfer all operations to a new passenger terminal to be built at Seletar to handle turboprop flights, which it operates.
According to CAAM, there are regulatory issues that need to be resolved between the civil aviation authorities of both countries over the proposed move, as well as outstanding airspace issues. This has to do with Malaysia wanting to take back air traffic services for airspace over southern Johor, which were delegated to Singapore in 1974.
Heng Swee Keat calls on KL to cease intrusions by govt vessels
Singapore, KL leaders seek talks to resolve maritime dispute
Leaders on both sides stress need for peaceful resolution amid tensions; observers welcome it
By Adrian Lim, Political Correspondent, The Straits Times, 10 Dec 2018
As the stand-off between Singapore and Malaysia over maritime boundaries enters its second week, leaders on both sides have made calls for talks to resolve the simmering dispute.
Both countries, though, have their own views on how to do so and the way forward.
Weighing in for the first time, Finance Minister Heng Swee Keat said on Sunday (Dec 9) that the intrusions by Malaysian government vessels into Singapore territorial waters are a "violation of Singapore's sovereignty and international law" and a "serious matter of national interest".
He urged Malaysia to cease the intrusions to avoid escalating tensions, making clear Singapore would defend its sovereignty and territory.
He added in a Facebook post: "Malaysia is our closest neighbour. We have close people-to-people ties. Singapore seeks close cooperation with Malaysia.
"I hope that Singapore and Malaysia discuss issues constructively and peacefully, in compliance with international law. This will benefit peoples of both countries."
He also called on Singaporeans to "remain calm and united at a time like this".
Singapore Environment and Water Resources Minister Masagos Zulkifli also called the intrusions "provocative and unacceptable", adding that Singapore needed to stay firm to defend its sovereignty.
"Above all, we must maintain good relations and resolve this issue in a peaceful and diplomatic manner," he said in a Facebook post.
Their remarks came a day after Trade and Industry Minister Chan Chun Sing said Singapore welcomed talks to resolve the matter.
"The Singapore Government is hopeful that through the engagement of both countries, the governments of Malaysia and Singapore can reach a swift and amicable resolution to this dispute," he said.
"If such talks do not eventually produce an amicable resolution, the Singapore Government would be prepared for this matter to be settled by recourse to an appropriate international third-party dispute settlement procedure."
Mr Chan added: "Importantly, let us calm down the ground situation first. Revert to the pre-Oct 25th status quo ante. Have the Malaysian ships leave the area peacefully, immediately."
Malaysian Prime Minister Mahathir Mohamad had last Saturday signalled Kuala Lumpur's plan to pursue negotiations to resolve the matter.
Tun Mahathir did not address the Malaysian Foreign Ministry's proposal last Friday for both sides to "cease and desist" from sending assets into the area, which Singapore had said it did not agree with.
On Oct 25, Malaysia published a notice in the Federal Government Gazette to extend the Johor Baru port limits.
The new lines encroach into Singapore territorial waters off Tuas. And they go beyond Malaysia's territorial claims, which it published in a 1979 map that Singapore has not agreed to.
The Republic has lodged diplomatic protests over the new port limits, but Malaysia has maintained they are within its territorial waters.
Between Nov 24 and Dec 5, there were 14 intrusions by Malaysian government vessels into the area, which Singapore regards as its territorial waters.
Singapore's Transport Ministry made the issue known to the public last Tuesday, saying that the Republic had protested against the unauthorised movements of, and assertions of sovereignty by, these vessels, which are inconsistent with international law.
Last Thursday, Singapore extended its own port limits, and reiterated its call for Malaysian ships to leave Singapore territorial waters, a point that Mr Chan also made last Saturday.
Singapore, KL leaders seek talks to resolve maritime dispute
Leaders on both sides stress need for peaceful resolution amid tensions; observers welcome it
By Adrian Lim, Political Correspondent, The Straits Times, 10 Dec 2018
As the stand-off between Singapore and Malaysia over maritime boundaries enters its second week, leaders on both sides have made calls for talks to resolve the simmering dispute.
Both countries, though, have their own views on how to do so and the way forward.
Weighing in for the first time, Finance Minister Heng Swee Keat said on Sunday (Dec 9) that the intrusions by Malaysian government vessels into Singapore territorial waters are a "violation of Singapore's sovereignty and international law" and a "serious matter of national interest".
He urged Malaysia to cease the intrusions to avoid escalating tensions, making clear Singapore would defend its sovereignty and territory.
He added in a Facebook post: "Malaysia is our closest neighbour. We have close people-to-people ties. Singapore seeks close cooperation with Malaysia.
"I hope that Singapore and Malaysia discuss issues constructively and peacefully, in compliance with international law. This will benefit peoples of both countries."
He also called on Singaporeans to "remain calm and united at a time like this".
Singapore Environment and Water Resources Minister Masagos Zulkifli also called the intrusions "provocative and unacceptable", adding that Singapore needed to stay firm to defend its sovereignty.
"Above all, we must maintain good relations and resolve this issue in a peaceful and diplomatic manner," he said in a Facebook post.
Their remarks came a day after Trade and Industry Minister Chan Chun Sing said Singapore welcomed talks to resolve the matter.
"The Singapore Government is hopeful that through the engagement of both countries, the governments of Malaysia and Singapore can reach a swift and amicable resolution to this dispute," he said.
"If such talks do not eventually produce an amicable resolution, the Singapore Government would be prepared for this matter to be settled by recourse to an appropriate international third-party dispute settlement procedure."
Mr Chan added: "Importantly, let us calm down the ground situation first. Revert to the pre-Oct 25th status quo ante. Have the Malaysian ships leave the area peacefully, immediately."
Malaysian Prime Minister Mahathir Mohamad had last Saturday signalled Kuala Lumpur's plan to pursue negotiations to resolve the matter.
Tun Mahathir did not address the Malaysian Foreign Ministry's proposal last Friday for both sides to "cease and desist" from sending assets into the area, which Singapore had said it did not agree with.
On Oct 25, Malaysia published a notice in the Federal Government Gazette to extend the Johor Baru port limits.
The new lines encroach into Singapore territorial waters off Tuas. And they go beyond Malaysia's territorial claims, which it published in a 1979 map that Singapore has not agreed to.
The Republic has lodged diplomatic protests over the new port limits, but Malaysia has maintained they are within its territorial waters.
Between Nov 24 and Dec 5, there were 14 intrusions by Malaysian government vessels into the area, which Singapore regards as its territorial waters.
Singapore's Transport Ministry made the issue known to the public last Tuesday, saying that the Republic had protested against the unauthorised movements of, and assertions of sovereignty by, these vessels, which are inconsistent with international law.
Last Thursday, Singapore extended its own port limits, and reiterated its call for Malaysian ships to leave Singapore territorial waters, a point that Mr Chan also made last Saturday.
Malaysian Foreign Minister Saifuddin Abdullah said last Friday that Malaysia had sent the draft agenda for a meeting aimed at the resolution of maritime boundary issues between the two countries, and said his government hoped the meeting could be held some time in the middle of this month.
Observers welcomed these latest developments seeking a settlement, but noted that the dispute might take some time to resolve.
"It is good that both countries are talking about the need to talk," said Associate Professor Bilveer Singh of the National University of Singapore's political science department.
Prof Singh said there is a pattern to how disputes between Singapore and Malaysia are resolved. "At the end of the day, after all the (heat), we will sit down and talk," he added.
He expects the negotiations to be protracted, and possibly even be referred to an international tribunal.
Former Nominated MP Zulkifli Baharudin said that course of action is usually the "last resort".
"We don't want to have a situation where you win, I lose, or I lose and you win. At the end of the day, it is still best dealt with bilaterally," Mr Zulkifli added.
Malaysia and Singapore have held negotiations on boundary and other issues in the past.
Both countries agreed on a large part of their maritime boundary along the Johor Strait in a 1995 bilateral agreement.
They have also mutually agreed to refer disputes to third-party settlement procedures, such as that over Pedra Branca.
In 2008, the International Court of Justice awarded the island to Singapore, and nearby Middle Rocks to Malaysia.
A three-year dispute over reclamation in the Johor Strait was also headed for international arbitration, but a settlement agreement was reached and inked in 2005 between Singapore and Malaysia.
Malaysia had claimed that Singapore's reclamation caused serious and irreversible damage to the environment, but international experts found that the works caused no major impact.
Observers who spoke to The Straits Times said tensions need to be defused.
Prof Singh said: "The danger of an accidental clash is very high. The ships are too close to each other. Meanwhile, both countries have also politicised this domestically, and this makes it difficult for each to take a step back."
Added Mr Zulkifli: "Matters on the ground can escalate and take away the flexibility that political leaders have."
Observers welcomed these latest developments seeking a settlement, but noted that the dispute might take some time to resolve.
"It is good that both countries are talking about the need to talk," said Associate Professor Bilveer Singh of the National University of Singapore's political science department.
Prof Singh said there is a pattern to how disputes between Singapore and Malaysia are resolved. "At the end of the day, after all the (heat), we will sit down and talk," he added.
He expects the negotiations to be protracted, and possibly even be referred to an international tribunal.
Former Nominated MP Zulkifli Baharudin said that course of action is usually the "last resort".
"We don't want to have a situation where you win, I lose, or I lose and you win. At the end of the day, it is still best dealt with bilaterally," Mr Zulkifli added.
Malaysia and Singapore have held negotiations on boundary and other issues in the past.
Both countries agreed on a large part of their maritime boundary along the Johor Strait in a 1995 bilateral agreement.
They have also mutually agreed to refer disputes to third-party settlement procedures, such as that over Pedra Branca.
In 2008, the International Court of Justice awarded the island to Singapore, and nearby Middle Rocks to Malaysia.
A three-year dispute over reclamation in the Johor Strait was also headed for international arbitration, but a settlement agreement was reached and inked in 2005 between Singapore and Malaysia.
Malaysia had claimed that Singapore's reclamation caused serious and irreversible damage to the environment, but international experts found that the works caused no major impact.
Observers who spoke to The Straits Times said tensions need to be defused.
Prof Singh said: "The danger of an accidental clash is very high. The ships are too close to each other. Meanwhile, both countries have also politicised this domestically, and this makes it difficult for each to take a step back."
Added Mr Zulkifli: "Matters on the ground can escalate and take away the flexibility that political leaders have."
Retired diplomat Bilahari Kausikan rebuts criticisms of Singapore by Mahathir's party strategist Rais Hussin
The Straits Times, 10 Dec 2018
Criticisms of Singapore's stance on the maritime border dispute from a senior member of Malaysian Prime Minister Mahathir Mohamad's political party are "very typical", reflecting how Malaysia expects a "subordination of our interests to their interests", retired diplomat Bilahari Kausikan said.
In a Facebook post yesterday, he shared an article in which Parti Pribumi Bersatu Malaysia (PPBM) Supreme Council member Rais Hussin said Singapore will gain nothing by hardening its stance against Malaysia in the ongoing maritime and airspace boundaries dispute.
According to Dr Rais, Malaysia has all along taken a live-and-let-live approach with Singapore, and a "naked display of nationalism", as shown by the Republic in the dispute, would be mirrored in Malaysia.
Dr Rais also heads PPBM's policy and strategy bureau.
Mr Bilahari added his commentary on the post: "They have not given up - and never will - trying to tame or domesticate Singapore because unless they do so, the intrinsic shortcomings of a system based on the dominance of a particular race will be highlighted, particularly since we do better with a different system."
He added: "But if we accept a subordinate position, can we prosper? Is existence by the leave and favour of some other country acceptable? That is what this character's demands amount to."
This is why a small country should never behave the way bigger neighbours demand, he said.
In a piece written in English and carried on the Malay Mail and Malaysiakini websites yesterday, Dr Rais had said: "All put, there is nothing that Singapore can gain by hardening its stance against Malaysia" over issues such as maritime boundaries.
"It helps not to turn a spat into a spar which, repeated often enough, can be a bone spur that presses against the spinal cord of both countries."
He added: "Then what? Fight and tear at each other's faces? Singapore and Malaysia both know that wars are meant to make an orphan of all children of their respective populations."
Singapore said that Malaysian vessels had entered and remained in the Republic's territorial waters off Tuas, which Kuala Lumpur laid claim to on Oct 25 as an extension of the Johor Baru port limits.
Meanwhile, Malaysia said it planned to reclaim airspace delegated to Singapore and also protested against new flight procedures which would be implemented next month at Seletar Airport, saying that these would stunt development of the Pasir Gudang industrial district in Johor.
Dr Rais wrote: "Malaysia has taken a live-and-let-live approach with Singapore, granted that Malaysia knows that Singapore is smart enough not to spoil for a fight. Thus, Malaysia has hardly ever protested about Singapore's incursions... (into) its airspace."
Dr Rais ended by writing: "There is nothing to gain by issuing threats to interdict Malaysian ships in Malaysian or Singaporean waters. What Singapore will get is pain by a thousand cuts.
"But then if Singapore feels that its 2019 election is the perfect time to flex its muscles, Singapore should know that such naked display of nationalism is bound to make Malaysians willing to do the same. An eye for an eye does make the world go blind."
The Straits Times, 10 Dec 2018
Criticisms of Singapore's stance on the maritime border dispute from a senior member of Malaysian Prime Minister Mahathir Mohamad's political party are "very typical", reflecting how Malaysia expects a "subordination of our interests to their interests", retired diplomat Bilahari Kausikan said.
In a Facebook post yesterday, he shared an article in which Parti Pribumi Bersatu Malaysia (PPBM) Supreme Council member Rais Hussin said Singapore will gain nothing by hardening its stance against Malaysia in the ongoing maritime and airspace boundaries dispute.
According to Dr Rais, Malaysia has all along taken a live-and-let-live approach with Singapore, and a "naked display of nationalism", as shown by the Republic in the dispute, would be mirrored in Malaysia.
Dr Rais also heads PPBM's policy and strategy bureau.
Mr Bilahari added his commentary on the post: "They have not given up - and never will - trying to tame or domesticate Singapore because unless they do so, the intrinsic shortcomings of a system based on the dominance of a particular race will be highlighted, particularly since we do better with a different system."
He added: "But if we accept a subordinate position, can we prosper? Is existence by the leave and favour of some other country acceptable? That is what this character's demands amount to."
This is why a small country should never behave the way bigger neighbours demand, he said.
In a piece written in English and carried on the Malay Mail and Malaysiakini websites yesterday, Dr Rais had said: "All put, there is nothing that Singapore can gain by hardening its stance against Malaysia" over issues such as maritime boundaries.
"It helps not to turn a spat into a spar which, repeated often enough, can be a bone spur that presses against the spinal cord of both countries."
He added: "Then what? Fight and tear at each other's faces? Singapore and Malaysia both know that wars are meant to make an orphan of all children of their respective populations."
Singapore said that Malaysian vessels had entered and remained in the Republic's territorial waters off Tuas, which Kuala Lumpur laid claim to on Oct 25 as an extension of the Johor Baru port limits.
Meanwhile, Malaysia said it planned to reclaim airspace delegated to Singapore and also protested against new flight procedures which would be implemented next month at Seletar Airport, saying that these would stunt development of the Pasir Gudang industrial district in Johor.
Dr Rais wrote: "Malaysia has taken a live-and-let-live approach with Singapore, granted that Malaysia knows that Singapore is smart enough not to spoil for a fight. Thus, Malaysia has hardly ever protested about Singapore's incursions... (into) its airspace."
Dr Rais ended by writing: "There is nothing to gain by issuing threats to interdict Malaysian ships in Malaysian or Singaporean waters. What Singapore will get is pain by a thousand cuts.
"But then if Singapore feels that its 2019 election is the perfect time to flex its muscles, Singapore should know that such naked display of nationalism is bound to make Malaysians willing to do the same. An eye for an eye does make the world go blind."
RSAF conducts mobilisation exercise for five fighter squadrons
By Adrian Lim, Political Correspondent, The Straits Times, 10 Dec 2018
Fighter squadron servicemen, including pilots and ground crew, reported to their airbases yesterday as part of a regular mobilisation exercise held to validate the units' operational readiness.
The Open Mobilisation exercise, launched at noon, saw active and operationally ready national servicemen (NSmen) from five of the Republic of Singapore Air Force's (RSAF) fighter squadrons reporting to Changi Air Base, Paya Lebar Air Base and Tengah Air Base within hours of the activation.
More than 90 per cent of the servicemen reported to their air bases within a few hours, Defence Minister Ng Eng Hen said in a Facebook posting yesterday, calling it a "successful Open Mobilisation exercise".
"Such exercises are important to maintain the SAF's (Singapore Armed Forces) operational readiness," Dr Ng said.
The SAF conducts between 20 and 30 mobilisation and equipping exercises every year, which involve units from the Singapore Army and the Republic of Singapore Navy as well.
The Ministry of Defence (MINDEF) said the RSAF conducts mobilisation exercises regularly to "validate the operational readiness of units on manning duties, as well as to ensure that the SAF's activation processes are kept warm and relevant".
The RSAF servicemen activated yesterday were part of the Air Combat Command's Fighter Group.
The personnel included air crew and ground crew who operate and ensure the readiness of fighter aircraft to safeguard Singapore's skies and sovereignty, MINDEF said.
During yesterday's mobilisation exercise, Chief of Defence Force, Lieutenant-General Melvyn Ong, visited Paya Lebar Air Base, where servicemen from the 142 and 149 Squadrons reported to.
Major (NS) Freddie Lim-Ng, 38, was among the operationally ready national servicemen who were mobilised yesterday.
The F-15SG pilot from the 142 Squadron said: "The purpose of this mobilisation exercise is to ensure that the processes for recalling NSmen as well as active crew are well oiled, and that we can come back at a moment's notice to serve the country, especially in times of need."
Mr Lim-Ng said that by getting together with the active air crew yesterday, he also got up to speed on the tasks that would be required for his next in-camp training.
Major Dhinaa Kumaar, 40, an F-15SG Weapons Systems Officer (Fighter) with the 142 Squadron, said that the "timeliness of the response" of the servicemen in the mobilisation exercise reflects their commitment to the defence of the nation.
MINDEF said: "As a small country with no strategic depth, it is critical that Singapore possess an effective and ready air force as the first line of deterrence and defence."
By Adrian Lim, Political Correspondent, The Straits Times, 10 Dec 2018
Fighter squadron servicemen, including pilots and ground crew, reported to their airbases yesterday as part of a regular mobilisation exercise held to validate the units' operational readiness.
The Open Mobilisation exercise, launched at noon, saw active and operationally ready national servicemen (NSmen) from five of the Republic of Singapore Air Force's (RSAF) fighter squadrons reporting to Changi Air Base, Paya Lebar Air Base and Tengah Air Base within hours of the activation.
More than 90 per cent of the servicemen reported to their air bases within a few hours, Defence Minister Ng Eng Hen said in a Facebook posting yesterday, calling it a "successful Open Mobilisation exercise".
"Such exercises are important to maintain the SAF's (Singapore Armed Forces) operational readiness," Dr Ng said.
The SAF conducts between 20 and 30 mobilisation and equipping exercises every year, which involve units from the Singapore Army and the Republic of Singapore Navy as well.
The Ministry of Defence (MINDEF) said the RSAF conducts mobilisation exercises regularly to "validate the operational readiness of units on manning duties, as well as to ensure that the SAF's activation processes are kept warm and relevant".
The RSAF servicemen activated yesterday were part of the Air Combat Command's Fighter Group.
The personnel included air crew and ground crew who operate and ensure the readiness of fighter aircraft to safeguard Singapore's skies and sovereignty, MINDEF said.
During yesterday's mobilisation exercise, Chief of Defence Force, Lieutenant-General Melvyn Ong, visited Paya Lebar Air Base, where servicemen from the 142 and 149 Squadrons reported to.
Major (NS) Freddie Lim-Ng, 38, was among the operationally ready national servicemen who were mobilised yesterday.
The F-15SG pilot from the 142 Squadron said: "The purpose of this mobilisation exercise is to ensure that the processes for recalling NSmen as well as active crew are well oiled, and that we can come back at a moment's notice to serve the country, especially in times of need."
Mr Lim-Ng said that by getting together with the active air crew yesterday, he also got up to speed on the tasks that would be required for his next in-camp training.
Major Dhinaa Kumaar, 40, an F-15SG Weapons Systems Officer (Fighter) with the 142 Squadron, said that the "timeliness of the response" of the servicemen in the mobilisation exercise reflects their commitment to the defence of the nation.
MINDEF said: "As a small country with no strategic depth, it is critical that Singapore possess an effective and ready air force as the first line of deterrence and defence."
Malaysia making mockery of close-knit ASEAN
The recent incursion by Malaysian vessels into Singapore waters is a timely reminder of how unpredictable and fragile relationships between neighbours really are, despite a seemingly close kinship.
To outsiders, it is also a slap in the face of ASEAN, which has projected an image of unity and close cooperation between the countries.
Given the just-concluded ASEAN summit's success and the recent official visit by Malaysian Prime Minister Mahathir Mohamad to Singapore, the present state of affairs is mystifying.
The instances of the big country blatantly bullying its smaller neighbours in ASEAN somehow make a mockery of the close-knit association and its purported goals and objectives.
The incident reminds us of the prescient and prophetic statement of Singapore's founding prime minister Lee Kuan Yew: "We have friendly neighbours? Grow up!"
The latest incident serves as a reality check for many Singaporeans on how geopolitical reality should never be taken for granted.
It is a fact that as a small red dot, we will always be the favourite bogeyman for others when they are overwhelmed by domestic issues.
However, when push comes to shove, Singapore will just have to be the poisonous shrimp that will be hard to swallow.
Seah Yam Meng
ST Forum, 11 Dec 2018
Related
Singapore and Malaysia dispute over airspace and territorial waters
Malaysia and Singapore are like twins, says PM Mahathir Mohamad in Official Visit to Singapore from 12 to 13 November 2018
The recent incursion by Malaysian vessels into Singapore waters is a timely reminder of how unpredictable and fragile relationships between neighbours really are, despite a seemingly close kinship.
To outsiders, it is also a slap in the face of ASEAN, which has projected an image of unity and close cooperation between the countries.
Given the just-concluded ASEAN summit's success and the recent official visit by Malaysian Prime Minister Mahathir Mohamad to Singapore, the present state of affairs is mystifying.
The instances of the big country blatantly bullying its smaller neighbours in ASEAN somehow make a mockery of the close-knit association and its purported goals and objectives.
The incident reminds us of the prescient and prophetic statement of Singapore's founding prime minister Lee Kuan Yew: "We have friendly neighbours? Grow up!"
The latest incident serves as a reality check for many Singaporeans on how geopolitical reality should never be taken for granted.
It is a fact that as a small red dot, we will always be the favourite bogeyman for others when they are overwhelmed by domestic issues.
However, when push comes to shove, Singapore will just have to be the poisonous shrimp that will be hard to swallow.
Seah Yam Meng
ST Forum, 11 Dec 2018
Related
Singapore and Malaysia dispute over airspace and territorial waters
Malaysia and Singapore are like twins, says PM Mahathir Mohamad in Official Visit to Singapore from 12 to 13 November 2018
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