British connection with Malaysia (then Malaya) was begun by individual and trading ventures from 1576 to 1684. As an illustration, mention could be made of Sir Francis Drake’s visit to Malaya in 1578.
In 1600 the English East India Company was formed and received a Royal Charter for fifteen years from the English Crown. Its principal objective was to trade. Thus, from the date of its first presence in these shores until 1684, the Company’s connection with Malaya was entirely non-political. However, as of 1684 onwards until 1762 political considerations had become part of the overall objective.
On July 15, 1786 Francis Light landed in Penang with a garrison of marines. On August 11, the eve of the Prince of Wales’ birthday, he hoisted the British flag and renamed the place as “Prince of Wales Island”. The question which students of public international law should attempt to grapple is this : was this act by Light in consonance with the norms of international law? Was it justified?
Cross-reference should now be made to the purported cession (the first unsigned Treaty of 1786) and subsequent treaties of 1791 and 1800 .
The 1791 Treaty spoke of “peace and friendship”between the two parties and that it would continue “as long as the Sun and Moon gives light”, giving the impression that the Sultan of Kedah was an independent sovereign, when he was then de facto a tributary of the King of Siam. Under the terms of the Treaty of Bangkok 1826, the Siamese King acknowledge the treaty of “cession” giving Penang to the British. The question which does not have an easy answer, especially for students of public international law, is whether Penang was a “Settled” or “Ceded” colony. A correct answer to this question is important, because the answer determines the nature of the lex loci, the law of Penang. Did the English settlers bring with them the law of England on the ground that the island was “acquired by occupation” (settled)? Or was the law of Kedah to be applied to the island on the ground that the island was “ceded” by the Sultan to the English East India Company?
In 1600 the English East India Company was formed and received a Royal Charter for fifteen years from the English Crown. Its principal objective was to trade. Thus, from the date of its first presence in these shores until 1684, the Company’s connection with Malaya was entirely non-political. However, as of 1684 onwards until 1762 political considerations had become part of the overall objective.
On July 15, 1786 Francis Light landed in Penang with a garrison of marines. On August 11, the eve of the Prince of Wales’ birthday, he hoisted the British flag and renamed the place as “Prince of Wales Island”. The question which students of public international law should attempt to grapple is this : was this act by Light in consonance with the norms of international law? Was it justified?
Cross-reference should now be made to the purported cession (the first unsigned Treaty of 1786) and subsequent treaties of 1791 and 1800 .
The 1791 Treaty spoke of “peace and friendship”between the two parties and that it would continue “as long as the Sun and Moon gives light”, giving the impression that the Sultan of Kedah was an independent sovereign, when he was then de facto a tributary of the King of Siam. Under the terms of the Treaty of Bangkok 1826, the Siamese King acknowledge the treaty of “cession” giving Penang to the British. The question which does not have an easy answer, especially for students of public international law, is whether Penang was a “Settled” or “Ceded” colony. A correct answer to this question is important, because the answer determines the nature of the lex loci, the law of Penang. Did the English settlers bring with them the law of England on the ground that the island was “acquired by occupation” (settled)? Or was the law of Kedah to be applied to the island on the ground that the island was “ceded” by the Sultan to the English East India Company?
No comments:
Post a Comment