This article first appeared in The Edge Financial Daily on December 6, 2018

KUALA LUMPUR: The altered port limits for Johor Baru Port have “not in any way” encroached into any part of Singapore, said Transport Minister Anthony Loke yesterday.

Loke was responding to a statement by his Singaporean counterpart Khaw Boon Wan on Tuesday on Malaysia’s altered port limits for the Johor Baru Port. Loke said Singapore’s reclaimed lands in the area do not extend the island-nation’s base points or baselines.

“Singapore has in recent years carried out extensive land reclamation in the area in question. In accordance with international law, the territorial sea of Singapore remains unchanged, even when reclamation had been carried out almost to the outer limits of Singapore’s territorial sea,” Loke said.

Hence, the altered port limits of the Johor Baru Port are still in Malaysia’s territorial sea, and are well within Malaysia’s right to draw any port limit in its territorial sea, in accordance with its own laws, he said.

On Tuesday, Singapore’s transport ministry noted “with grave concern” that Malaysia had recently purported to extend the Johor Baru Port’s limits in a manner which encroached into Singapore Territorial Waters (STW) off Tuas.

According to the ministry, vessels from the Malaysian Maritime Enforcement Agency and Marine Department of Malaysia have also repeatedly intruded into STW off Tuas. It said its authorities will not hesitate to take firm action against intrusions and unauthorised activities in Singaporean waters.

The statement also noted that Malaysia’s purported extension of the port limits and the repeated intrusions by Malaysian government vessels into STW were a serious violation of Singapore’s sovereignty and international law.

Loke said Singapore’s encroachment claim is “inaccurate”. He also said Malaysia has taken prudent actions to accurately promulgate the alteration via the Federal Government Gazette and to issue the necessary Port Circular and Notice to Mariners.

Malaysia also retains the right to deploy its enforcement and relevant competent agencies in its territorial sea, in line with international laws, he said.

“As such, the Malaysian Maritime Enforcement Agency and the Marine Department of Malaysia have not intruded into any of part of Singapore,” he added.

“Thus, Malaysia urges Singapore to immediately withdraw its Port Marine Circular issued on Nov 30, 2018, and prevent its enforcement agencies from further intruding into Malaysia’s territorial sea and harassing vessels and persons lawfully permitted by Malaysian laws and authorities, as well as international law, to be present in Malaysia’s territorial sea.