Share This

Showing posts with label Spain. Show all posts
Showing posts with label Spain. Show all posts

Tuesday 12 October 2021

Singapore and Japan passports tied for most powerful in the world, Vaccination rates for Asean

 

Holders of Singapore and Japan passports can travel without a prior visa to 192 destinations.PHOTO: ST FILE


SINGAPORE - Singapore and Japan have the most powerful passports in the world, according to the latest update of a global index.

Holders of passports from the two countries can travel without a prior visa to 192 destinations, it noted last week.

This is a change from April, when Japan outstripped Singapore in having the world's most powerful passport, with Japanese passport holders able to travel to 193 destinations without a prior visa, while Singaporean passport holders had such access to 192 destinations.

In the latest update, South Korea and Germany are tied for second place, with such access to 190 countries. The two countries had been tied for third place in April, with access to 191 destinations.

Finland, Italy, Luxembourg and Spain are in third place, with access to 189 nations; while Austria and Denmark are in fourth, with access to 188 countries.

The index, administered by Henley & Partners and updated throughout the year, ranks passport power according to how many destinations their holders can travel to without a prior visa.

The global citizenship and residence advisory firm noted that the gap in travel freedom is at its widest since the index was started in 2006, with Singaporean and Japanese passport holders able to visit 166 more destinations than Afghan citizens, who can travel to only 26 nations worldwide without acquiring a visa in advance.

Britain and the United States have been facing eroding passport strength since they held the top spot in 2014. Both remain tied in seventh place, but have a score of 185, down from 187 in the first quarter of the year.

Egypt is ranked 97th, with its citizens having access to 51 countries without a prior visa, while Kenya is 77th, with access to 72 destinations visa-free.

Meanwhile, Singapore will be allowing vaccinated travellers to travel to nine more countries and return without quarantine, the authorities announced last Saturday (Oct 9).

From Oct 19, vaccinated travellers from Singapore will be able to fly to Canada, Denmark, France, Italy, the Netherlands, Spain, Britain and the US.

The scheme will be extended to South Korea from Nov 15, it was announced last Friday.

These are in addition to Brunei and Germany, which Singapore had already approved for quarantine-free travel for those fully vaccinated.

In total, there will be 11 countries that Singapore approves for quarantine-free travel.

 
Based on data from the International Air Transport Association, the index showed that countries in the global north with high-ranking passports have enforced some of the most stringent inbound Covid-19 travel restrictions.

On the other hand, many countries with lower-ranking passports have relaxed their borders without seeing this openness reciprocated, it noted.

Henley & Partners chairman Christian Kaelin said: "It is pivotal that advanced nations consider revising their somewhat exclusive approach to the rest of the world, and reform and adapt to overcome the competition and not miss the opportunity to embrace the potential."

 
Source link

Mothership.SG.
S'pore & Japan have most powerful passports for visa-free travel to 192 countries

 

Vaccination rates for Asean (%)

Source: Centre for Strategic & International Studies, Aminvestment Bank
 

Malaysia is ranked the 3rd highest among Asean countries. 

 This paves the way for more economic activities to resume although it may not be a full recovery, matching that of pre-covid times.

Analysts are positive on this as the high vaccination rate is a leading indicator that economic activities should recover faster in Malaysia as compared to most countries in Asean.

 

Monday 7 December 2020

GT investigates: Seeking for virus origin


https://youtu.be/X0dzqLuQPrU 

 Frequent outbreaks triggered by imported frozen products; reports suggesting traces of coronavirus found elsewhere earlier than Wuhan… so is COVID-19 outbreak in Wuhan also result of imported cold-chain products? Check GT special investigative report… 

 


International cooperation urged


Although those virologists have pictured a clear route map to trace the origin of the virus, the real path to finding the origin is laden with difficulties.

The anonymous expert said that in terms of tracing the virus origin, the momentum for international scientists to cooperate has retrogressed compared with the pre-COVID-19 period.

“Scientists are reluctant to become involved in politics, they are eyeing international cooperation. Yet researchers from all over the world are acting with caution, avoiding troubles, and refusing casual communication. I don’t think it’s an ideal atmosphere for cooperation.”

This has drawn attention from international bodies. WHO Director-General Tedros Adhanom Ghebreyesus urged countries on November 30 not to politicize the hunt for the origins of the new coronavirus, saying that would only create barriers to learning the truth.

When talking to Tedros in September, director of China's National Health Commission Ma Xiaowei vowed to enhance cooperation with the WHO on virus prevention, origin tracing and vaccine development. China is pushing forward the work on the virus origin tracing, and is willing to strengthen cooperation and communication with the WHO, Ma said.

Chinese Foreign Ministry spokesperson Zhao Lijian said on November 24 that while tracing the origin domestically, China has been earnestly implementing WHA resolutions.

"We are the first to invite WHO experts in for origin-tracing cooperation." Zhao said, adding that "We hope all relevant countries will adopt a positive attitude and cooperate with WHO like China does, making contributions to global origin-tracing and anti-epidemic cooperation."

“International communication on the virus origin should be frequent and open for all. But some countries weighed in and complicated the issue,” said Yang, who noted that the world has achieved great progress in fighting COVID-19 in the past year, including treatment of the disease and vaccine R&D.

Tracing the virus origin should not be a battle against each other; instead, an information, data sharing mechanism is helpful to bring the virus under control, Yang said.

Source link

Thursday 2 May 2019

Penang State to study Airbnb woes before legalising operations; Using Airbnb to settle mortgages?

Airbnb, Why the New Logo?

HOW other cities worldwide tackle their Airbnb problems are being studied to see if the home-sharing business could be legalised or regulated in Penang.

The office of the Penang State Exco for Tourism Development, Arts, Culture and Heritage (Petach) is studying their policies to tackle the issue of residential home owners who rent out their units as if they were running a hotel or serviced apartment.

Its exco member Yeoh Soon Hin (pic) said the global home-sharing business was quite established in Penang now that when people buy a house or condominium unit, someone might approach them and offer to guide them to sign up with Airbnb and make money from their new property.

He told the assembly that Penang Global Tourism had met with Airbnb’s management team to discuss how to regulate the business.

“Airbnb told us that they are ready to cooperate and register Airbnb units in Penang with the local authority, but we have no laws or policies for this yet,” he said.

Yeoh said in San Francisco, Airbnb operators are limited to renting their homes to a maximum of 90 days a year.

“In Catalonia, Spain, Airbnb operators can be fined up to 30,000 Euros (RM140,000) and the unit owners fined up to 90,000 Euros (RM420,000) if there are complaints.

“In Singapore, the Urban Redevelopment Authority is proposing to limit Airbnb units to only allow up to six people each time to rent them and for only up to 90 days a year.

“For strata units, Singapore plans to allow it only if at least 80% of all unit owners in the building give consent.

“Japan enacted a law to allow home-sharing of units for only up to 180 days a year,” he said when replying a question from Daniel Gooi Zi Sen (PH-Pengkalan Kota).

Gooi said he was concerned because despite strong enforcement from Penang Island City Council since 2017 to stop residential property owners from using their units commercially, the Airbnb portal lists thousands of units in Penang.

“We cannot deny property owners from benefitting from their assets, but we also cannot let them continue to operate without paying their dues such as commercial assessment rates or the hotel fee,” he said.

Yeoh said Petach was studying how Airbnb operators are regulated while waiting for the federal government to draft laws on home-sharing.

“We raised the issue and were told that the Housing and Local Government Ministry and the Tourism, Arts and Culture Ministry are studying possible laws on this.”

Yeoh said the business was unfair to neighbours, the hotel industry and local authorities.

“They are paying assessments and utility rates for residential units but are using those units commercially while legal hotels that comply with all laws such as safety and traffic provisions pay much more.

“The peace and privacy of their neighbours are being intruded upon,” Yeoh said.

He said his team in Petach was also considering the possibility of recommending that Airbnb operators be charged double or triple the current residential assessment rates that they are paying now after they are legalised.

By arnold loh and r. sekaran at the penang state assembly



MUCH has been said about Airbnb in the news of late. The Malaysian Association of Hotels (MAH) Penang branch has claimed that the emergence of Airbnb and illegal accommodation are among the main causes for Penang hotel occupancy rate to decline.

Another news report indicated that Airbnb operators are required to register with Kuala Lumpur City Hall. At this point in time, it is vital to see the concept of Airbnb. The platform was started to connect people who were looking to rent their homes to those who wanted hotel-free stay accommodation for short periods. The reason for the registration must be for the purpose of regulation by the authorities.

The claim by MAH that the emergence of Airbnb has caused hotel occupancy rates to drop must also be examined.

In terms of cleanliness and hospitality, although hotels do fit the bill, not all hotels are in that category. All hotels must be refurbished and kept clean at all times. It may be a bit too much to ask for luxury bedding or first class service, but cleanliness and pleasant service is not too difficult.

Airbnb hosts are conscious about their guests and the reviews that are given on the website. They go the extra mile, and it is not always accurate to say that Airbnb is cheaper and therefore people choose them over hotels. It is the space, the home away from home concept, and being looked after, the occasional bottle of wine left for guests, the fruit basket, the bottles of fruit juice and mineral water in the fridge — all of these go a long way in wooing guests.

In terms of protection for the hosts and the guests, Airbnb has enough protection in place. It is up to the renter to choose who they want to rent out to. Those who want to rent and those who are renting out their properties have their profiles. Reviews as to the safety of the place and its convenience — all can be seen from the website. It is a very transparent website and no one can complain that they were not aware that there was a danger or that they did not get their money’s worth. There are times that unfortunate Airbnb hosts unwittingly allow roguish guests and their premises are wrecked. The Airbnb hosts too, have a risk to take.

From the reports, it is unclear of the need for Airbnb to be registered or regulated. Hotel operators are required to register as it is a business. Airbnb is a service platform and not a business. For hosts, it is an additional income — especially for the elder population whose children have left, or even for those with university fees to pay, this additional income will be a good supplement. Unlike hotels and motels, Airbnb operators are there on a temporary basis. Sometimes, the owner may get a long-term tenant, and may not want to continue with the Airbnb concept.

Maybe we can take a leaf from countries where Airbnb has been regulated. In Los Angeles, United States, a regulation was passed for short-term rentals (vacation) with an initial cap on rentals for up to 120 days with flexibility to increase that number of days.

In New York, it is illegal to rent out an entire residence for less than 30 days. Short-term rentals are permitted if the homeowner is also staying there throughout the rental period and there are no more than two renters. This would be ideal for an elderly couple who would enjoy the company of young tourists who would in turn enjoy being in a home environment.

In Japan, anyone wanting to list their property on Airbnb will need to register with the local government, who will conduct fire and safety checks on the premises. The new regulations also limit rentals to 180 days per year.

Singapore has prohibited public housing rentals that are under six months, or three months in the case of private housing without the approval of the Urban Redevelopment Authority. In London and Paris, new laws have limited short-term rentals up to 90 days per year, and Liverpool City Council has pushed for national regulations to ensure that landlords register short-term rental properties.

Regulation is of critical importance in shaping the welfare of economies and society. Any form of regulation must work effectively and serve the public interest. Government agencies, in this case, the local councils are responsible for implementing regulatory policies and must be aimed towards protecting the consumer. When imposing such regulations on individuals, such as Airbnb hosts, there must be a goal that will help the government to achieve its purpose. The objective of a government or regulatory body is to ensure better and cheaper services and goods, and to provide a fair competition to any particular industry without encouraging a monopoly. Airbnb may be regulated and the town and city councils may want to draw up guidelines following from the examples cited above.

 By GRACE XAVIER
Grace Xavier is research fellow at the Faculty of Law, Universiti Malaya and she can be reached at gracem@um.edu.my


Using Airbnb to settle mortgages

Survey: Hosting helps to repay loans, provide extra income



https://www.thestar.com.my/business/business-news/2019/07/03/md-the-cost-and-security-issue-of-airbnb/?jwsource=cl

PETALING JAYA: More Malaysians are relying on Airbnb to settle their mortgages given the property overhang that is engulfing the sector.

According to an Airbnb survey of more than 2,000 Malaysian hosts and guests, half of the Airbnb hosts said it had helped them pay for their homes while 40% said Airbnb provided a supplementary income for them to make ends meet.Malaysia is Airbnb’s fastest growing country in South-East Asia for the second consecutive year.

It saw more than 3.25 million guests in Malaysia over the past 12 months ended July 1, which translated to a 73% increase from the previous period.There are more than 53,000 Airbnb listings in the country.

Axis REIT Managers Bhd investment head and former Malaysian Institute of Estate Agents president Siva Shanker said many of the Airbnb hosts were investors and speculators who purchased the properties during the upturn, with the intention of selling them at a higher price.

“However, when the property market started to make a turn for the worse, many of these speculators found it difficult to sell or rent out their units but at the same time they needed income to service their loans,” he told StarBiz.

Siva said many of the buyers and investors had bought the units on the advice of some people with questionable skills and credentials.

“Many of the people, who claimed to be experts, gave false assurances that the properties could be sold at a premium of up to 40% within a couple of years, or that they would be able to get high rental yields.

“This is essentially a get rich quick scheme and many people believed in them. But then the market crashed and many of the buyers are saddled with a property that they can’t sell or rent out.”

Siva said many of the so-called “advisers” had rebranded themselves as Airbnb consultants when the property market slumped.

Airbnb is an online booking platform that allows people to rent out their properties or spare rooms to guests.

PPC International managing director Datuk Siders Sittampalam said the concept of Airbnb needs to be regulated.

“It’s never been regulated in the past, especially in terms of taxes. How do you determine things such as cost and security?”

Siva concurred that proper regulation need to be put in place to for Airbnb operators.

“You don’t know who’s going into your apartment. Every other day, your occupants are changing.

“They could be illegal immigrants, running criminal activities, being a nuisance and disturbing the neighbours.

“How is the unit considered ‘gated and guarded’ when the owner is the one that opens the door to these strangers?”

With no proper regulation in place, Siva said the value of the apartment will deteriorate.

“The owner is running it like a hotel, except he doesn’t have the upkeep skills of a hotelier. Within a year, the apartment will look run down. By then, new properties will be up in the market and new owners will be looking to rent them out.

“The owner of the run down apartment is going to have difficulties finding tenants, but he still needs to fulfil his monthly mortgage. Eventually, it becomes a vicious cycle. To stop this, we need to educate the public and get rid of the self-proclaimed property gurus.”

Another concern is the Airbnb having a huge impact on the local hotel industry.

According to Impiana Hotels Bhd executive director Azrin Kamaluddin, hotels that havemore than four stars will face limited to no impact from the rising popularity of Airbnb.

“The hotels offer distinct product differentiation as they provide experience and service to guests.

“What Airbnb does is offer accommodation as a commodity.

“I believe that owners of four and five star serviced residences that do not lease back their units to operators as well as hotels that are three stars and below would be disrupted by Airbnb.

“It is imperative for hotels that have three stars and below to reinvent themselves to stand out from the competition posed by Airbnb,” he said.

On the potential launch of Airbnb Luxe, Azrin said it would not have an impact on four to five-star hotels, given the relatively small volume and higher price tag of US$1,000 per night.

Siders concurred that Airbnb would only have an adverse impact on budget hotels.

“The four-star and five-star hotels offer different types of services and amenities.”
 
 Source link 


Read more:

13 Places Cracking Down on Airbnb - Condé Nast Traveler



Friday 30 November 2018

Spain welcomed President Xi visit, signed 10 deals worth US$17.6 bln, pledged stronger BRI ties against protectionism, unilateralism

https://youtu.be/T2J-S-NCRv0
https://youtu.be/aJvvvJBzp8U

China, Spain sign 10 deals worth US$17.6 bln 


Chinese President Xi Jinping (L) meets with Spanish Prime Minister Pedro Sanchez in Madrid, Spain, Nov. 28, 2018. (Xinhua/Xie Huanchi)

Chinese and Spanish enterprises have signed ten deals worth 17.6 billion U.S. dollars during President Xi Jinping's visit to Spain from November 27 to 29.

These deals cover the areas of finance, telecommunication, environment, machine, vehicle and medicine, hitting a new record of China-Spain trade and economic cooperation, said the spokesperson of China's Ministry of Commerce (MOFCOM).

China and Spain also inked intergovernmental cooperation documents such as a Memorandum of Understanding in the Third Party Market, Avoidance of Double Taxation and the Prevention of Fiscal Evasion and Inspection and Quarantine of Imported Pork Products and so on.

During the visit, China-Spain Business Advisory Council was formally established and the first meeting was successfully held, becoming another platform for deepening bilateral economic and trade relations.

Xi's visit coincides with the 45th anniversary of the establishment of diplomatic ties between the two countries, and the two sides have enjoyed excellent trade relations through all these years.

China is Spain's sixth largest trading partner in the world and the largest trading partner outside the EU. From January to September 2018, the bilateral trade volume hit 25.35 billion U.S. dollars, according to the MOFCOM.

China, Spain pledge stronger BRI ties against protectionism, unilateralism


China and Spain are cooperating in the Belt and Road initiative (BRI), yielding positive outcomes, and will continue to leverage the platform to oppose protectionism and unilateralism, Chinese experts said.

The comments came after a joint statement between the two countries during Chinese President Xi Jinping's three-day visit to Spain.

Zhao Junjie, a research fellow at the Chinese Academy of Social Sciences' Institute of European Studies, told the Global Times on Thursday that Spain has seen opportunities in cooperating with China on BRI.

"Although Spain faces pressure from conservatives who oppose free trade, the two countries' cooperation on BRI will not be interrupted," Zhao said, citing the freight train between China's small commodity hub of Yiwu and Madrid as a typical BRI achievement and an important bridge across Eurasia.

"Trains were not fully loaded when the line was first launched in 2014, but fully-loaded trains now depart every day from China," the research fellow said, while stressing that  Spain has a privileged position on the route.

Boosted by the route, Yiwu's imports from Spain surged 8.82 percent year-on-year to 60 million yuan ($8.6 million) in the first 10 months.

China is Spain's largest trading partner outside the EU, while Spain is the sixth-largest trading partner within the bloc for China. Bilateral trade reached $22.37 billion in the first eight months, up 10.6 percent year-on-year, according to the Chinese Ministry of Foreign Affairs.

Ding Chun, director of the Center for European Studies at Fudan University in Shanghai, told the Global Times that among EU members, Spain has shown stronger support for the BRI.

Both sides believe the Belt and Road initiative, as a platform of connectivity, will strengthen economic, trade and investment cooperation in third-party markets.

The two countries also stand ready to build synergy between BRI and related EU strategies, thus offering more mutually beneficial business and investment opportunities to Chinese and Spanish enterprises.

"On Spain's side, such cooperation in the third-party markets such as Africa will alleviate its refugee problem. It would also spark less geopolitical concerns than China-led projects in Europe," Ding said.  

China and Spain can cooperate on clean energy, including wind and tide energy, Zhao said, noting that cultural exchanges should also be strengthened through education, tourism and sports.

"Cooperation with Spain's small and medium enterprises should be given greater consideration," Zhao noted.  

"There are historical and geographic bases for China and Spain to conduct cooperation on the BRI," Xi said during a meeting with Spanish Prime Minister Pedro Sanchez on Wednesday, the Xinhua News Agency reported. 

Sources: Global Times

Sunday 10 March 2013

Stop paying quit rent to Sultan of Sulu, it’s time to close the chapter

Safeguarding our territory: Malaysian troops moving into Tanduo village during an operation to flush out the armed intruders. — (Handout photo by Defence Ministry)
 
A major shift in Malaysia's position on the Philippine claim to Sabah is needed. 
 
THE Philippines Government officially announced their claim to North Borneo (now Sabah) on June 22, 1962. Despite numerous attempts to settle the issue, it still festers on, exemplified by the latest tragic events unfolding on the east coast of Sabah.

The Philippine claim is based on two documents dated Jan 22, 1878. By the first document, Sultan Muhammad Jamaluladzam granted (pajak) all his territorial possessions in Borneo (tanah besar Pulau Berunai) to Gustavus Baron de Overbeck and Alfred Dent Esquire as representatives of a British Company for a yearly payment/ quit rent (hasil pajakan) of five thousand dollars (Spanish dollars).

By the second document, the said Sultan appointed Overbeck as “Dato' Bendahara and Rajah of Sandakan” with the fullest powers of a “supreme ruler” (penghulu pemerintah atas kerajaan yang tersebut itu).

Descendants of Sultan Muhammad Jamaluladzam (the number cannot be ascertained, but is large), represented by the Kiram Corporation and the Philippine Government, have always claimed that this 1878 grant was a lease (pajakan) and not a cession as claimed by Malaysia. The continuous annual payment of the quit rent or cession monies of five thousand dollars (now RM5,300) to these descendants is cited as further proof of this contention. Based on these grounds, they claim, Sabah belongs to the Philippines/ the Sultan of Sulu's descendants.

Before discussing how Malaysia has been responding to this assertion and how it should alter its position drastically, a little bit of historical narrative is in order.

Without going too far back in time, it is suffice to say historical documents confirm that both the Sultanate of Brunei and the Sultanate of Sulu exercised political control over parts of present-day Sabah (there was no State or Negeri Sabah at that time) in the late 19th century. Brunei had defacto jurisdiction on the west coast from Kimanis to Pandasan, while Sulu ruled the east coast from Marudu to the Sibuku River. The interior was largely independent under local indigenous suku chiefs.

Both Sultanates, however, claimed dejure jurisdiction from the Pandasan on the west coast to the Sibuku River on the east. Both Sultanates were also in a state of decline. Brunei was suffering from internal decay while large parts of its territories were being swallowed up by the new state of Sarawak under the Brookes.

In the Philippine region, the Spanish authorities in Manila had been trying to subjugate the independent and powerful kingdom of Sulu for three centuries without success. In 1871, the Spaniards launched another exerted campaign to conquer the stubborn kingdom.

It was in this kind of environment that a number of European and American speculators became interested in obtaining territorial concessions from the two weak Sultanates for speculative purposes. Among them were Lee Moses and Joseph Torrey of America; and Baron von Overbeck and Alfred Dent who had formed a company called the Overbeck-Dent Association on March 27, 1877 in London for the purpose of obtaining land concessions in Sabah and selling them for a profit.

Overbeck and Dent acquired Brunei's jurisdiction over its Sabah possessions in five documents dated Dec 29, 1877 from the Sultan of Brunei and his ministers. After this, Overbeck sailed to Jolo where he also obtained the rights of the Sultan of Sulu in Sabah through two agreements concluded on Jan 22, 1878.

Why was Sultan Muhammad Jamaluladzan prepared to lease/ grant/ pajak his territories in Sabah to Overbeck and Dent? Sulu was on the brink of capitulating to the Spaniards and as such Sultan Muhammad was hopeful of obtaining some assistance from the Overbeck-Dent Association and possibly even from Britain. Placed in such dire straits, he was therefore not adverse to giving Overbeck and Dent territorial concessions in Sabah with some hope of salvation.

In the event, no such aid came either from the Overbeck-Dent Association or the British Government. Six months after the Overbeck-Dent grants were concluded, Sulu was conquered by the Spanish authorities on July 2 1878. With the fall of Sulu, the said Sultanate ceased to be an independent entity as it was incorporated as part of the Spanish colonial administration of the Philippines.

In 1898, Spain lost the Philippines to the United States by the Peace of Paris (Dec 10, 1898), which ended the Spanish-American War. The US ruled the Philippines till 1946 when independence was granted.

The sultanate ended when Sultan Jamalul Kiram II signed the Carpenter Agreement on March 22, 1915, in which he ceded all political power to the United States.

Carpenter, Governor of the Department of Mindanao and Sulu, Philippine Islands,  from 1913-1920, with the Sultan of Sulu, Jamalul Kiram II.

Meanwhile, in 1936, the US colonial administration of the Philippines abolished the Sulu Sultanate upon the death of Sultan Jamalul Kiram II (1894-1936) in the same year in an attempt to create a unitary State of the Philippines. Jamalul Kiram III is a self- appointed “Sultan” with a dubious legal status.

Now, coming back to the question of Malaysia's ongoing treatment of the claim, and why and how it should completely alter this position. Since the official announcement of the claim by the Philippine Government on June 22, 1962, Malaysia has been pursuing an ambivalent policy. On the one hand, it has persistently rejected the Philippines claim, but on the other it has compromised Malaysia's sovereignty by agreeing to settle the “dispute” by peaceful means (such as the Manila Agreement, Aug 3, 1963) and a number of other mutual agreements between the two countries.

Most damaging of all is Malaysia's willingness to honour the clause in the 1878 Sulu grant pertaining to the payment of the annual quit rent or cession monies as Malaysia says, of RM5,300, to the descendants of the former Sulu Sultanate. To this day, Malaysia is still paying this quit rent, lending credence to the claimants' argument that the 1878 grant was a lease and not a cession and therefore it still belongs to them.

If Malaysia continues to follow this policy, there will be no end to this problem except to buy out the rights of the descendents of the Sultan of Sulu. But this course is fraught with danger as it will lead to further legal complications with the Philippines and even endless litigation with the descendants.

My proposal is that Malaysia should go by the laws of “effectivities”, as in the case of the International Court of Justice's (ICJ) judgement pertaining to the issue of sovereignty over the Sipadan and Ligitan islands, and the law of acts of a'titre de souverain as in the case of Pulau Batu Puteh. No title, however strong, is valid once the original owner fails to exercise acts consistent with the position of a'titre de souverain. The opposite is true, that is, the holder of the lease may not have original title but he ultimately gains permanent possession of the lease by virtue of continuous state “effectivities”.

In this case, the Sultan of Sulu and its successors including the Philippine government have failed to conduct any acts of a'titre de souverain since 1882, and so they have legally lost their title.

On the other hand, the successors of the Overbeck-Dent Association, that is the British North Borneo Company (1882-1946); the British Colonial Administration (1946-1963); and Malaysia, (from 1963) have been exercising continuous acts of a'titre de souverain for a period of 131 years.

Since we have all this evidence on our side, Malaysia should now take a new stand by totally rejecting the validity of the 1878 grants on the grounds of “effectivitie” and a'titre de souverain. It should also immediately stop paying the so-called annual quit rent or cession monies. This payment has always brought huge embarrassment to Malaysia and has in fact compromised its sovereignty.

We should also never agree to go to the International Court of Justice not because our case is weak (it is very strong), but because we don't want to trade the fate of sovereign territories and people through the judgment of any court, even the ICJ.

There's one more point that should be pondered upon. No country or state or nation which has obtained independence has ever paid ownership monies to its former masters. The 13 Colonies of America did not do so, India did not do so, the Federation of Malaya did not do so.

Sabah became an independent state on Aug 31, 1963 and decided to form the Federation of Malaysia with three other partners on Sept 16, 1963. It is strange indeed, if not preposterous, that a sovereign state is paying ownership or cession monies to certain people based on a colonial, pre-independence treaty that is 131 years old!

Comment by EMERITUS PROF DR D.S RANJIT SINGH

Emeritus Prof D. S. Ranjit Singh is Visiting Professor at the College of Law, Government and International Studies, Universiti Utara Malaysia (ranjit@uum.edu.my). 

Related posts:
The Sultan of Sulu reclaims eastern Sabah, MNLF among invaders
The former Sulu Sultanate, a foreign problem in history that became Sabah's  

Rightways