Friday, April 28, 2006

Guns come out blazing: Malaysian National News Agency :: BERNAMA

HEREWITH IS THE FULL TEXT OF TUN DR MAHATHIR MOHAMAD’S RESPONSE TO THE STATEMENT BY AMBASSADOR-AT-LARGE TAN SRI FUZI ABDUL RAZAK

YABhg Tun Dr Mahathir Mohamad’s response to the statement by Ambassador-at-large Tan Sri Fuzi Abdul Razak



1. Tan Sri Fuzi’s rambling explanation about the Bridge over the Tebrau Straits on April 25, 2006, serves only to convince that the Government’s priority and intention is to sell sand to Singapore. If it is not allowed to do so then Malaysia will not get its bridge. The reasoning why the bridge cannot be built comes later and it was not convincing at all.

2. The Tan Sri, as a seasoned diplomat must know that treaties or agreements solemnly entered into by two countries, as are agreements between two parties can only be modified, changed or added to if both sides agree. If there is a dispute regarding the provision or interpretation of the agreement, then there should be arbitration or reference to courts. This is a part of International Law.

3. The provisions of the Wayleave Agreements are precise and clear. There is no specific provision for consulting and obtaining the necessary approval of Singapore for the relocation of the PUB water pipelines.

4. In case the Tan Sri has not read the Wayleave Agreement, I quote below the relevant paragraph; > > “That the Licensee (i.e. Singapore) shall take full responsibility financially or otherwise for any alteration to the pipeline that may become necessary by reason of any alteration or improvements made or to be made on the Johore Causeway and on receiving not less than six months previous notice in writing from the licensors (i.e. Malaysia) shall thereupon carry out the alteration in accordance with such notice and shall have no claim for any compensation.”

5. The provision is specific for the causeway. Singapore can claim it does not apply to pipes laid on land, (although the normal practice is to regard Wayleave Agreements to apply all the way) but it cannot claim that the Agreement does not apply to the Causeway. There can therefore be no reason for not complying with the Wayleave Agreement with regard to the causeway.

6. In fact there had been many alterations to the causeway and pipelines in the past without any objection by Singapore or Malaysia.

7. Because Singapore was unwilling to make a decision on building its side of the bridge to replace its side of the causeway, I informed Singapore that Malaysia intended to build a bridge on its side to land on a part of the causeway also on its side. The Singapore side of the causeway will not be touched. The connection will continue to be between the retained portion of the Johore Causeway and the Singapore half of the causeway.

8. The Singapore PM, Goh Chok Tong in his letter to me clearly stated that “ …… if you wish to proceed immediately to replace just your side of the Causeway with a bridge, I shall accept it, though I think this is not ideal.”

9. There was no condition attached to this acceptance, no mention of sand or airspace.

10. Although the exchange was in the form of letters, it was clear and recorded in writing that I proposed to build a bridge on the Malaysian side and the Singapore PM accepted it. Thus a unilateral decision became bilateral when Singapore acceded and accepted. Any change must similarly be agreed to by both sides.

11. For Singapore to add conditions more than two years later for the supply or 50 million cubic meters of sand for 20 years and to allow the Singapore Air Force to fly in Malaysian Air Space would constitute unilateral change. Malaysia can reject the new condition and insist on Singapore honouring the agreement between the two Prime Ministers.

12. It is the Malaysian Government, which tacitly agreed to the Singapore unilateral condition when it decided that it would not build the bridge because it is not in a position to supply sand or open its airspace because of opposition by Malaysians.

13. The proper thing to do if the Government wants to build the bridge would be to seek arbitration or refer to a court if Malaysia is uncertain as to the right of Singapore to impose new conditions unilaterally. Actually there is no need to doubt Malaysian rights in its own territorial waters. But the Government of Malaysia did not do its best to reject the condition. It gave in supposedly because the Malaysian legal authorities believe Singapore is in the right. It would be interesting to read the grounds for the A.G. to conclude that Singapore has what amounts to extra territorial rights and Malaysia has no sovereign right within its own territorial waters.

14. Talks about the possibility of Singapore refusing to allow the bridge to connect with the Singapore half of the causeway is sheer nonsense. The Malaysian bridge will land on the Malaysian portion of the causeway. The only way Singapore can prevent traffic from the bridge from passing through from the Malaysian portion of the Causeway into the Singapore half is to put a barrier across the causeway border. This would certainly constitute an unfriendly act. It would be Singapore cutting its nose to spite its face. The damage to Singapore businesses would be at least as bad as that which Malaysia may suffer. But in reality Singapore needs Malaysia more than Malaysian needs Singapore. We have our ports and airports to replace Singapore ports, airports and other services.

15. All in all it is clear that the Malaysian Government is more interested in selling sand to Singapore than to build the bridge. This keenness to sell sand is strange for Malaysia does not need the proceeds from sale of sand. Despite my alleged profligate ways when I was PM Malaysia is not so bankrupt that it has to depend on selling sand.

16. That any Malaysian leader should not shudder in horror at the idea of scraping ONE BILLION SQ. METERS from Malaysian sea-beds continuously over a period of 20 years, thereby destroying all the fish breeding grounds of Malaysian seas, depriving Malaysian fishermen of their livelihood, destroying Malaysia’s marine ecology defies the imagination. That there should be any Malaysian leader willing to entertain this idea, to destroy Malaysian seas to satisfy Singapore speaks badly of his love for his country.





Dr Mahathir bin Mohamad


Round 2 is off the blocks. TDM looks good in this. Wonder what happens next.

This kind of stuff as usual almost always happens when there is a change of leadership, and the new fella starts dismantling or reversing decisions made by the previous guy.

I say we build the bridge BUT we issue an open international tender, and we see if it really costs more than RM1 billion!!!!!!

2 comments:

madnoh said...

Haiyo, this issue just won't die quietly. It's a tough call for the administration now: if they put their foot down and say "No means no. We're scrapping the bridge project and that is that. Issue closed.", there will be more backlash from the old man and other quarters.

If they say "After reconsideration and seeking counsel with many parties, we have decided to reverse our decision and continue building the bridge", they would look spineless and equivocal.

Anyway, methinks its a good lesson to be learned for those currently in power: Don't issue dumb and contradicting statements (i.e. making up excuses as you go along and putting blame on other parties) when dealing with big policy changes.

It really feels like the Govt woke up one day and said "Hmm, think I'll scrap the project. If anyone asks why, I'll think of something to say. A few people will be pissed but as like before, everything will die down soon enough."

Since there's a limit on how much a normal, tax-paying citizen can say, it's actually good to have the old man pointing out the Govt's failures and ineptitude.

Like Rafidah last year, we have a few Yang Berhormats pissing in their pants now.

But anyway, I opposed the crooked a.k.a scenic bridge project from day one. I maintain that it serves no practical purpose.

sic6sense said...

this is getting interesting with TDM calling the current admin gutless.

when's the next UMNO election eh?