Showing posts sorted by date for query pexco. Sort by relevance Show all posts
Showing posts sorted by date for query pexco. Sort by relevance Show all posts

Wednesday, December 4, 2024

Mystery surrounds Ananda Krishnan's oil exploration blocks offshore Sarawak - Ananda's death raises questions about who has what interest in those blocks

 by Ganesh Sahathevan 



                   Ananda's oil and gas exploration blocks are in areas claimed by China


Sarawak Report and Ganesh Sahathevan have over the years  reported that Ananda Krishnan's PEXCO had been awarded a number of deepwater exploration blocks offshore Sarawak (see story below). Since then nothing has been said about those blocks. Ananda's death raises questions about what has become of those assets, and who might now take charge of them.


TO BE READ WITH 


Top BN Crony Secretly Secures Sarawak Oil Fields! EXCLUSIVE



“one of the largest acreages in Malaysia” – the region off Sarawak being explored by Ananda Krishnan’s Pexco

In a shocking departure from normal practice one of BN’s top business cronies, Ananda Krishnan, has secured direct control of a series of Sarawak’s off-shore oil fields.

It makes his private company Pexco “one of the largest acreage holders in Malaysia”, according to its own CEO.

The astonishing development has placed the multi-billionaire (known for his close relationship with the former PM Mahathir Mohamad) in an unprecedented position to sub-contract to major oil companies.

Till now such negotiations have been strictly controlled by Petronas and not farmed out to intermediaries to cream off the profits, says industry watcher, Ganesh Sahathevan.

Official notices to mariners confirm that Pexco are already exploring the vast area.

They started conducting seismic surveys on the 4th May and have indicated they will continue for 80 days.



Warning notice to mariners to steer clear of Ananda Krishnan’s exploration teams

If Ananda Krishnan can identify the huge areas of oil and gas believed to be located there, it is likely he will then negotiate a lucrative partnership with one of the world’s main oil production companies to extract it.

This places him in a position to hijack a large amount of the revenue that would normally have gone to the state owned Petronas!

Privatising Sarawak’s oil into BN hands



Sean Guest – Chief Executive Officer of Pexco let out the information through his entry on LinkedIn!

This is not the first example of the privatising of Sarawak’s oil resources into the personal control of businessmen, who are known to be extremely close to top BN leaders.

It follows our recent revelation that one of Sarawak Chief Minister Abdul Taib Mahmud’s own key cronies, Tiong Hiew King, was likewise granted on-shore drilling rights in Sarawak late last year.

And it is highly disturbing that both these cosy deals were negotiated in secret behind closed doors and were not announced by the Malaysian government.

Taib last month complained in his closing address to the Sarawak State Parliament that it was untrue to claim that he could have had a hand in the awarding of the on-shore concession to Tiong, because such decisions are made federally through Petronas.

However, he neglected the point that for on-shore drilling the Sarawak Chief Minister has a blocking ability to withhold the drilling licence!

“Then when Petronas awarded a contract to a company within the Rimbunan Hijau Group, which was allegedly friendly to me, to explore oil and gas of Bintulu, I was accused for being involved in the award of that contract. As everyone knows Petronas is not under my control or subject to my authority. Yet such frivolous accusations were made against me very much in defiant of what the truth was“[Taib complaining in Parliament over Sarawak Report’s revelations 29th May – he failed to admit he does have the control to withhold the drilling permit].

Questions will now be inevitably raised about the political deals surrounding this latest departure of giving Mahathir’s own crony a similar opportunity, but off-shore where Taib holds no remit.

Has BN’s leadership started laying hands directly on what remains of Malaysia’s dwindling oil reserves?

Mysterious ‘junior’ company that has acquired Malaysia’s “largest acreage” of oil

Sarawak Report was alerted to this astonishing acquisition by the private company Pexco not by any official announcements by the Malaysian Government or indeed by Pexco, but rather by a CV on Linkedin!

Sean Guest, who is Chief Executive Officer of Pexco boasts that the company “is one of the largest acreage holders in Malaysia” in his personal CV.


From the horse’s mouth – the information that was never publicised by Petronas, whose top advisor is still the former PM Mahathir Mohamad.

According to Sean Guest, Pexco has acquired a staggering 25,000km2 in concession fields in the seas off Sarawak, none of which has been officially or openly announced.

For further information confirming Krishan’s ownership Pexco NV, which is an off-shore company registered in the Netherlands Antilles, we can look at other LinkedIn entries of Pexco employees!




Australian petroleum engineer Graham Bunn states that in working for Pexco NV he was ultimately working for Usaha Tegas, which is the Jersey registered company controlled by Krishnan

The former Chairman of Pexco, Norman Singer, further confirms that Pexco is the “natural resources division of Usaha Tegas”, Krishnan’s vast company based in the off shore tax haven of Jersey.





Owned by Krishnan, according to the former Chairman

It is worth noting that official documents in third countries like America and Australia (where transparency is required in business dealings, unlike Malaysia) Pexco is referred to as an affiliate of Usaha Tegas, which implies that while the Ananda Krishnan company controls Pexco, it may not entirely own it.

Sarawak Report suggests that the people of Sarawak should be informed therefore as to whom exactly this concession for their off-shore reserves has gone.  Who are all the shareholders of Pexco?

Given the information so far, there is a rightful concern that BN political leaders appear to be busily stuffing what remains of the country’s dwindling oil reserves into the pockets of their known business cronies and their off-shore registered businesses!

Mahathir’s unhealthy control over Petronas



‘Junior’ oil company, according to Pexco’s Chief Finance Officer, William Deertz

The stealthy departure from the normal procedure of offering Petronas controlled oil contracts to major international producers is hard to justify in revenue terms for Malaysia.

Petronas’ traditional Production Sharing Contracts (PSCs) are strictly controlled, allowing major oil companies to make competitive bids in return for around 30% of the oil they drill out. The rest is revenue for Malaysia.

However, there is doubt as to whether Pexco has sufficient experience to manage oil production directly, without itself hiring in one of the major oil producers to carry out the main job.

The company’s own Chief Finance Officer, William Deertz, points to this in yet another Linked In entry, in which he describes Pexco as a ‘Junior’ oil company.  This means it habitually conducts preliminary oil explorations and then calls in bigger companies to act in joint ventures to actually produce the oil.



More information from Linked In!

If Pexco is merely a ‘Junior’ oil company why has Petronas handed it the keys to one of the largest oil exploration areas in Malaysia, off Sarawak’s coast?  Why is Petronas itself not dealing with the contract rather than allowing this Malaysian business crony of ex-PM Mahathir Mohamad to slip in between?



Retired to take care of the business?

The often relied upon argument is the benefit of giving contracts to home grown ‘Malaysians’.  But at Pexco the top people are still clearly foreign, apart from the owners.

This development draws further attention to the continuing influence of Mahathir over the management of Petronas, which is perhaps the greatest outstanding scandal attached to BN’s management of Malaysia.

It was already a scandal that the Petronas accounts, which are by far the country’s greatest source of revenue, should have been kept secret only for the eyes of the Prime Minister/Finance Minister.

But at least this fellow is elected, whether to be trusted or not. But, once Mahathir was no longer elected or in government he had no business to be involved in any way in these matters.

To the contrary, the ex PM has stayed as the ‘Consultant’ to Petronas ever since.  He commands a great big office in its vainglorious headquarters in KL, and by all accounts he still dominates the decisions of this crucial public company.

The excuse was that this should be an advisory position offered to the past PMs.  However, Badawi came and went and Mahathir is still sitting there, controlling the key financial asset of the nation – in secret.

If there is nothing to hide, be transparent



Ananda Krishnan’s friendship with Mahathir, struck up when they both took refuge in London, was the path to his subsequent riches – now he has been granted much of Sarawak’s oil wealth.

It has frequently been observed that BN run Malaysia as their own private business, as if the politicians held personal ownership of the state.

In which case it appears that Mahathir has merely given up the public face of politics, so that he can concentrate on the core business aspect that is worth hundreds of billions of ringgit.

If this is not the case, then it is time that both the shrunken old men of Malaysian politics, Taib and Mahathir, came clean and explained how it is their key business cronies have emerged as vast private concession holders over great chunks of Sarawak’s oil reserves?

Modern Malaysians should not have to resort to Linked In to discover how an unelected past Prime Minister is allocating their natural resources!

Update:  Subsequent to this article Sean Guest amended his Linked In

 

Saturday, March 30, 2024

Petronas and Ananda Krishnan's PEXCO have discovered oil and gas in territory claimed by China, but Anwar does not have a problem with China's demand for that territory -Sarawak's interest also at stake

 by Ganesh Sahathevan 


                                                              
         Anwar says he is open to negotiations with China about the Petronas blocks in territory claimed by   China


As previously reported Ananda Krishnan's PEXCO was awarded  a Petronas PSC block in the middle of territory claimed by China.


In November 2023 PETRONAS announced:

 PETRONAS Carigali Sdn. Bhd., a wholly owned subsidiary of PETRONAS, has made six oil and gas discoveries in five blocks off the coast of Sarawak, Malaysia.

The Gedombak well in Block SK306 and the Mirdanga well in Block SK411 (in the Balingian province), the Sinsing well in Block SK313, the Machinchang and Pangkin wells in Block SK301B, and the Kalung Emas well in Block SK315 (in the West Luconia province), stem from new and existing group of oil fields and exhibit low levels of contaminants.



As Sarawak Report revealed in 2013, Block 301B was awarded to Ananda Krishnan's PEXCO. quite likely at the expense of Sarawak. 

TOE BE READ WITH 







Top BN Crony Secretly Secures Sarawak Oil Fields! EXCLUSIVE



“one of the largest acreages in Malaysia” – the region off Sarawak being explored by Ananda Krishnan’s Pexco

In a shocking departure from normal practice one of BN’s top business cronies, Ananda Krishnan, has secured direct control of a series of Sarawak’s off-shore oil fields.

It makes his private company Pexco “one of the largest acreage holders in Malaysia”, according to its own CEO.

The astonishing development has placed the multi-billionaire (known for his close relationship with the former PM Mahathir Mohamad) in an unprecedented position to sub-contract to major oil companies.

Till now such negotiations have been strictly controlled by Petronas and not farmed out to intermediaries to cream off the profits, says industry watcher, Ganesh Sahathevan.

Official notices to mariners confirm that Pexco are already exploring the vast area.

They started conducting seismic surveys on the 4th May and have indicated they will continue for 80 days.



Warning notice to mariners to steer clear of Ananda Krishnan’s exploration teams

If Ananda Krishnan can identify the huge areas of oil and gas believed to be located there, it is likely he will then negotiate a lucrative partnership with one of the world’s main oil production companies to extract it.

This places him in a position to hijack a large amount of the revenue that would normally have gone to the state owned Petronas!

Privatising Sarawak’s oil into BN hands



Sean Guest – Chief Executive Officer of Pexco let out the information through his entry on LinkedIn!

This is not the first example of the privatising of Sarawak’s oil resources into the personal control of businessmen, who are known to be extremely close to top BN leaders.

It follows our recent revelation that one of Sarawak Chief Minister Abdul Taib Mahmud’s own key cronies, Tiong Hiew King, was likewise granted on-shore drilling rights in Sarawak late last year.

And it is highly disturbing that both these cosy deals were negotiated in secret behind closed doors and were not announced by the Malaysian government.

Taib last month complained in his closing address to the Sarawak State Parliament that it was untrue to claim that he could have had a hand in the awarding of the on-shore concession to Tiong, because such decisions are made federally through Petronas.

However, he neglected the point that for on-shore drilling the Sarawak Chief Minister has a blocking ability to withhold the drilling licence!

“Then when Petronas awarded a contract to a company within the Rimbunan Hijau Group, which was allegedly friendly to me, to explore oil and gas of Bintulu, I was accused for being involved in the award of that contract. As everyone knows Petronas is not under my control or subject to my authority. Yet such frivolous accusations were made against me very much in defiant of what the truth was“[Taib complaining in Parliament over Sarawak Report’s revelations 29th May – he failed to admit he does have the control to withhold the drilling permit].

Questions will now be inevitably raised about the political deals surrounding this latest departure of giving Mahathir’s own crony a similar opportunity, but off-shore where Taib holds no remit.

Has BN’s leadership started laying hands directly on what remains of Malaysia’s dwindling oil reserves?

Mysterious ‘junior’ company that has acquired Malaysia’s “largest acreage” of oil

Sarawak Report was alerted to this astonishing acquisition by the private company Pexco not by any official announcements by the Malaysian Government or indeed by Pexco, but rather by a CV on Linkedin!

Sean Guest, who is Chief Executive Officer of Pexco boasts that the company “is one of the largest acreage holders in Malaysia” in his personal CV.


From the horse’s mouth – the information that was never publicised by Petronas, whose top advisor is still the former PM Mahathir Mohamad.

According to Sean Guest, Pexco has acquired a staggering 25,000km2 in concession fields in the seas off Sarawak, none of which has been officially or openly announced.

For further information confirming Krishan’s ownership Pexco NV, which is an off-shore company registered in the Netherlands Antilles, we can look at other LinkedIn entries of Pexco employees!




Australian petroleum engineer Graham Bunn states that in working for Pexco NV he was ultimately working for Usaha Tegas, which is the Jersey registered company controlled by Krishnan

The former Chairman of Pexco, Norman Singer, further confirms that Pexco is the “natural resources division of Usaha Tegas”, Krishnan’s vast company based in the off shore tax haven of Jersey.





Owned by Krishnan, according to the former Chairman

It is worth noting that official documents in third countries like America and Australia (where transparency is required in business dealings, unlike Malaysia) Pexco is referred to as an affiliate of Usaha Tegas, which implies that while the Ananda Krishnan company controls Pexco, it may not entirely own it.

Sarawak Report suggests that the people of Sarawak should be informed therefore as to whom exactly this concession for their off-shore reserves has gone.  Who are all the shareholders of Pexco?

Given the information so far, there is a rightful concern that BN political leaders appear to be busily stuffing what remains of the country’s dwindling oil reserves into the pockets of their known business cronies and their off-shore registered businesses!

Mahathir’s unhealthy control over Petronas



‘Junior’ oil company, according to Pexco’s Chief Finance Officer, William Deertz

The stealthy departure from the normal procedure of offering Petronas controlled oil contracts to major international producers is hard to justify in revenue terms for Malaysia.

Petronas’ traditional Production Sharing Contracts (PSCs) are strictly controlled, allowing major oil companies to make competitive bids in return for around 30% of the oil they drill out. The rest is revenue for Malaysia.

However, there is doubt as to whether Pexco has sufficient experience to manage oil production directly, without itself hiring in one of the major oil producers to carry out the main job.

The company’s own Chief Finance Officer, William Deertz, points to this in yet another Linked In entry, in which he describes Pexco as a ‘Junior’ oil company.  This means it habitually conducts preliminary oil explorations and then calls in bigger companies to act in joint ventures to actually produce the oil.



More information from Linked In!

If Pexco is merely a ‘Junior’ oil company why has Petronas handed it the keys to one of the largest oil exploration areas in Malaysia, off Sarawak’s coast?  Why is Petronas itself not dealing with the contract rather than allowing this Malaysian business crony of ex-PM Mahathir Mohamad to slip in between?



Retired to take care of the business?

The often relied upon argument is the benefit of giving contracts to home grown ‘Malaysians’.  But at Pexco the top people are still clearly foreign, apart from the owners.

This development draws further attention to the continuing influence of Mahathir over the management of Petronas, which is perhaps the greatest outstanding scandal attached to BN’s management of Malaysia.

It was already a scandal that the Petronas accounts, which are by far the country’s greatest source of revenue, should have been kept secret only for the eyes of the Prime Minister/Finance Minister.

But at least this fellow is elected, whether to be trusted or not. But, once Mahathir was no longer elected or in government he had no business to be involved in any way in these matters.

To the contrary, the ex PM has stayed as the ‘Consultant’ to Petronas ever since.  He commands a great big office in its vainglorious headquarters in KL, and by all accounts he still dominates the decisions of this crucial public company.

The excuse was that this should be an advisory position offered to the past PMs.  However, Badawi came and went and Mahathir is still sitting there, controlling the key financial asset of the nation – in secret.

If there is nothing to hide, be transparent



Ananda Krishnan’s friendship with Mahathir, struck up when they both took refuge in London, was the path to his subsequent riches – now he has been granted much of Sarawak’s oil wealth.

It has frequently been observed that BN run Malaysia as their own private business, as if the politicians held personal ownership of the state.

In which case it appears that Mahathir has merely given up the public face of politics, so that he can concentrate on the core business aspect that is worth hundreds of billions of ringgit.

If this is not the case, then it is time that both the shrunken old men of Malaysian politics, Taib and Mahathir, came clean and explained how it is their key business cronies have emerged as vast private concession holders over great chunks of Sarawak’s oil reserves?

Modern Malaysians should not have to resort to Linked In to discover how an unelected past Prime Minister is allocating their natural resources!

Update:  Subsequent to this article Sean Guest amended his Linked In

 

Tuesday, June 8, 2021

So many intrusions by the PLA, but Malaysia still refuses to fly the flag on Luconia Shoals

 by Ganesh Sahathevan 


Two weeks ago Malaysia , or rather the Royal Malaysian Airforce (RMAF/TUDM) complained that 16 PLA planes flew over or near Luconia Shoals:




This week Malaysia complains that the PLA-N hasin truded into Malaysian waters near Luconia Shoals 



Meanwhile, Malaysia still refuses to re-assert authority over  the Shoals.


TO BE READ WITH 


Wednesday, July 15, 2020

Hishamuddin's claim that there have been no Chinese ships in Malaysian waters for 100 days shown to be false: China continues to assert control over Luconia Shoals

by Ganesh Sahathevan

Saturday, October 5, 2019





From a tweet by Gregory B. Poling Senior Fellow for Southeast Asia and Director, Asia Maritime Transparency Initiative
Malaysia's FM says there have been no Chinese ships in Malaysian waters for 100 days. But there have been. Every. Single. Day. CCG 5203 patrolled Luconia Shoals from Apr 2; replaced by 5204 on May 22; replaced by 5202 on July 7. Here it is today. malaymail.com/news/malaysia/

Image
3:56 AM · Jul 16, 2020Twitter Web App

Retweets and comments

SEE ALSO

Thursday, September 26, 2019


China is particularly interested in asserting
sovereignty over Luconia Shoals ,
Chinese Coast Guard in strategy to bully
Malaysia into submitting to at least de facto control

by Ganesh Sahathevan



“There don’t appear to be any other contested areas where CCG [China Coast Guard] presence is so persistent, and where China clearly wants regional counterparts to know they are present,” the report said.
“Beijing has evidently taken a special interest in Luconia, Second Thomas and Scarborough shoals. It seems to be wagering that if it can maintain a semi-permanent CCG presence for long enough, regional states will eventually accede to its de facto control of those areas.




The SCMP has reported:


Some Chinese coastguard vessels deployed in the South China Sea have deliberately made themselves visible to rival claimants of the 
 contested waters
   by turning on tracking signals – a move analysts described as an attempt to assert sovereignty.
A report released by the Washington-based Asia Maritime Transparency Initiative said it had identified 14 Chinese coastguard vessels broadcasting automatic identification system (AIS) signals while patrolling the Luconia Shoals, Second Thomas Shoal and the Scarborough Shoal over the past year.

.(AMTI said that)
  many Chinese coastguard vessels patrolling in other parts of the South China Sea broadcast the signals only when entering and leaving port.
But the vessels patrolling the three shoals appeared to have made efforts to be seen. One at Luconia had broadcast AIS signals on 258 of the past 365 days.
“There don’t appear to be any other contested areas where CCG [China Coast Guard] presence is so persistent, and where China clearly wants regional counterparts to know they are present,” the report said.
“Beijing has evidently taken a special interest in Luconia, Second Thomas and Scarborough shoals. It seems to be wagering that if it can maintain a semi-permanent CCG presence for long enough, regional states will eventually accede to its de facto control of those areas.

It appears that the incident involving the Malaysian flag reported on this blog in 2016 was a first step in what can now be seen to be a larger strategy to assert sovereignty over the South China Sea.
END 
SEE ALSO 

uesday, August 9, 2016


Pedra Branca/Batu Puteh decision suggests Malaysia has surrendered right to Luconia- removing own flag from Luconia Shoals in stark contrast with past practise

by Ganesh Sahathevan

These submissions by the  Government Of Singapore to the International Court Of Justice in the Pedra Branca/Batu Puteh matter were part of Singapore's ultimately successful defence against Malaysia's claim:

6.53 It should be noted that Malaysia has demonstrated her awareness of the significance of flying national emblems over territory for purposes of evidencing sovereignty. Malaysia demanded (and obtained) the lowering of the Singapore Ensign flown until 3 September 1968 over another lighthouse facility maintained by Singapore at Pulau Pisang, a territory over which Singapore does not exercise or claim sovereignty.

7.11 In the present case, neither Johor nor Malaysia ever protested against the regular flying of the British and Singapore emblems over Pedra Branca, even though this was done as a clear display of State authority and without seeking consent from Malaysia or Johor, and Malaysian officials were fully aware of this.

7.12 Moreover, Malaysia’s long silence regarding this clear and public manifestation of Singapore’s sovereignty over Pedra Branca since 1847 is in sharp contrast to Malaysia’s response to the flying of the Singapore marine ensign on the lighthouse administered by Singapore at Pulau Pisang, an island which belongs to Malaysia. In 1968, Malaysia objected to the flying of the Singapore flag over Pulau Pisang Lighthouse320. Following Malaysia’s objection, Singapore ceased flying her flag on the Lighthouse. In contrast, at no time had Malaysia ever protested against Singapore’s flying of her flag over Pedra Branca. 7.13 If Malaysia had any belief that she had a claim to sovereignty over Pedra Branca, one would have expected Malaysia to have exercised or attempted to exercise her sovereign authority over the island in the same way that she had done with respect to Pulau Pisang, if only to put on record that, notwithstanding Singapore’s presence on Pedra Branca, Malaysia had sovereign authority over the island. This omission on Malaysia’s part is especially significant as it occurred shortly after Singapore left the Federation of Malaysia in August 1965, when the governments of both countries treated each other with the utmost caution on bilateral issues.

7.14 Singapore contends that, given these facts, Malaysia had consciously (and correctly) decided that, in contrast with Pulau Pisang, any protest was not appropriate with respect to the flying of the Singapore flag on Pedra Branca. 

Given that these arguments led to the decision against Malaysia, one would expect that the Government Of Malaysia would exercise and strenuously defend its right to fly the flag on all its possessions, but this was obviously not the case with Luconia Shoals.  It is hard to see that by removing its own flag, Malaysia has not surrendered its right to the Shoals.
(Hans Berekoven, an Australian  marine archaeologistchose Malaysia's independence day, August 31 last year, to protest against the situation by raising the Malaysian flag on the tiny island.
It is the first time the video of the incident has been released.
"I took the curator of the museum that we're working with, and a couple of other Malaysian friends, and a journalist from the Borneo Post," he said.
They mounted a stainless steel flagpole into a cement footing and raised the Malaysian flag, as the China Coast Guard vessel watched from about 500m offshore.
"They must have got on the blower to Beijing and Beijing must have got on the blower to Kuala Lumpur, because suddenly there was a big kerfuffle in KL," Mr Berekoven said.
The next morning, a Malaysian aircraft flew low over Mr Berekoven's boat and the island.
"A Malaysian coast guard vessel was despatched. Went out there and unbolted the flag," he said.
"It's absolutely absurd. It's 88 miles, well within the 200 mile economic exclusion zone, and they've forced the Malaysians to take the flag down — their flag, asserting their authority, their sovereignty."

END 

Reference

ABC Australia reports that Malaysia surrendered special rights to Luconia Shoals to China : Rights to adjoining EEZ may be lost

Sunday, June 10, 2018

Time to retake Luconia Shoals,Ananda Krishnan's Pexco should lead the way



by Ganesh Sahathevan

Related image














Self explanatory ,given the change in government ,and the urgent need to dismantle Najib Razak's China-South China Sea deals.










Saturday, August 13, 2016


Najib's Luconia Shoals surrender puts Ananda and Pexco's Sarawak concessions in the middle of the proverbial......

by Ganesh Sahathevan

Malaysia's virtual surrender of Luconia Shoals will have implications for oil concessions in the surrounding area, now only nominally granted by Petronas. The largest of these (their words, not mine) is the acerage granted Ananda Krishnan's Pexco. At least one of Pexco's concessions, labelled Block 3 in a Marine Sarawak document, lies just 68.25 nautical miles south west of the North Shoals.




China may or may not be within its rights to declare anything, including the Pexco concessions,within its Luconina Shoals EEZ, but that is not the point when considering the actions of a country that has shown it is happy to ignore international laws, norms and customs.

Poor Ananda, all this even after contributing RM 2 billion to the 1 MDB resuce..........

END 


Reference 

Pedra Branca/Batu Puteh decision suggests Malaysia has surrendered right to Luconia-removing own flag from Luconia Shoals in stark contrast with past practise

by Ganesh Sahathevan

These submissions by the  Government Of Singapore to the International Court Of Justice in the Pedra Branca/Batu Puteh matter were part of Singapore's ultimately successful defence against Malaysia's claim:

6.53 It should be noted that Malaysia has demonstrated her awareness of the significance of flying national emblems over territory for purposes of evidencing sovereignty. Malaysia demanded (and obtained) the lowering of the Singapore Ensign flown until 3 September 1968 over another lighthouse facility maintained by Singapore at Pulau Pisang, a territory over which Singapore does not exercise or claim sovereignty.

7.11 In the present case, neither Johor nor Malaysia ever protested against the regular flying of the British and Singapore emblems over Pedra Branca, even though this was done as a clear display of State authority and without seeking consent from Malaysia or Johor, and Malaysian officials were fully aware of this. 

7.12 Moreover, Malaysia’s long silence regarding this clear and public manifestation of Singapore’s sovereignty over Pedra Branca since 1847 is in sharp contrast to Malaysia’s response to the flying of the Singapore marine ensign on the lighthouse administered by Singapore at Pulau Pisang, an island which belongs to Malaysia. In 1968, Malaysia objected to the flying of the Singapore flag over Pulau Pisang Lighthouse320. Following Malaysia’s objection, Singapore ceased flying her flag on the Lighthouse. In contrast, at no time had Malaysia ever protested against Singapore’s flying of her flag over Pedra Branca. 7.13 If Malaysia had any belief that she had a claim to sovereignty over Pedra Branca, one would have expected Malaysia to have exercised or attempted to exercise her sovereign authority over the island in the same way that she had done with respect to Pulau Pisang, if only to put on record that, notwithstanding Singapore’s presence on Pedra Branca, Malaysia had sovereign authority over the island. This omission on Malaysia’s part is especially significant as it occurred shortly after Singapore left the Federation of Malaysia in August 1965, when the governments of both countries treated each other with the utmost caution on bilateral issues. 

7.14 Singapore contends that, given these facts, Malaysia had consciously (and correctly) decided that, in contrast with Pulau Pisang, any protest was not appropriate with respect to the flying of the Singapore flag on Pedra Branca. 

Given that these arguments led to the decision against Malaysia, one would expect that the Government Of Malaysia would exercise and strenuously defend its right to fly the flag on all its possessions, but this was obviously not the case with Luconia Shoals.  It is hard to see that by removing its own flag, Malaysia has not surrendered its right to the Shoals.
(Hans Berekoven, an Australian  marine archaeologistchose Malaysia's independence day, August 31 last year, to protest against the situation by raising the Malaysian flag on the tiny island.
It is the first time the video of the incident has been released.
"I took the curator of the museum that we're working with, and a couple of other Malaysian friends, and a journalist from the Borneo Post," he said.
They mounted a stainless steel flagpole into a cement footing and raised the Malaysian flag, as the China Coast Guard vessel watched from about 500m offshore.
"They must have got on the blower to Beijing and Beijing must have got on the blower to Kuala Lumpur, because suddenly there was a big kerfuffle in KL," Mr Berekoven said.
The next morning, a Malaysian aircraft flew low over Mr Berekoven's boat and the island.
"A Malaysian coast guard vessel was despatched. Went out there and unbolted the flag," he said.
"It's absolutely absurd. It's 88 miles, well within the 200 mile economic exclusion zone, and they've forced the Malaysians to take the flag down — their flag, asserting their authority, their sovereignty."

END 

Reference

ABC Australia reports that Malaysia surrendered special rights to Luconia Shoals to China : Rights to adjoining EEZ may be lost