Singapore Government Press Release

Media Division, Ministry of Information and The Arts

36th Storey, PSA Building, 460 Alexandra Road, Singapore 119963.

Tel: 3757794/5

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Introduction

1 Members are aware that the Malaysian Government has announced that their Customs, Immigration and Quarantine (CIQ) facilities will remain at the Tanjong Pagar Railway Station, even though Singapore had told them on many occasions that they could not remain there after Singapore relocates its CIQ to the Woodlands Train Checkpoint (WTCP) tomorrow. Members would have read the press statement issued by MHA yesterday evening.

2 At our last sitting on 29 June 1998, I informed this House that Singapore’s CIQ at Tanjong Pagar will be relocated to the new facilities at WTCP on 1 August 1998. I said that we had first informed Malaysia of our intention to move to Woodlands in 1989 and had repeated this on many subsequent occasions. We told them that once Singapore’s CIQ moved to Woodlands, the administrative arrangements for them to exercise CIQ functions at Tanjong Pagar would cease.

3 At that sitting, I had also stressed that the re-location of Singapore CIQ to Woodlands and the cessation of Malaysia’s CIQ at Tanjong Pagar did not affect the status of Malayan Railway Land, which is subject to the Points of Agreement (POA). Indeed, this issue of relocation of our CIQ is completely separate from the POA and the status of the Malayan Railway Land or the Tanjong Pagar Railway Station. The Ministry of Law press statement of 8 July 1998 repeated this position.

4 The Malaysian Government’s insistence to continue conducting immigration clearance at Tanjong Pagar has serious consequences. They will be doing so without legal authority. If they endorse passports of rail passengers travelling from Singapore to Malaysia, it would be unauthorised and contrary to the proper sequence of immigration clearance. Under Singapore law, this would create irregularities in the passport.

5 I will therefore explain the full background of the CIQ issue, so that members will know that the Government has expended considerable effort and made many proposals to Malaysia to resolve this issue, in a way which would not disrupt the smooth operation of train services from 1 August 1998. Unfortunately these efforts have not been successful.

1989: We informed the Malaysians of our intention to move our CIQ to Woodlands

6 Our decision to re-locate the CIQ to WTC was not a sudden or surprise move. It goes way back to 1989, when we decided to move our CIQ to Woodlands to check the smuggling of drugs, to prevent entry of illegal immigrants and to deploy our manpower more efficiently. In November 1989, as Minister of Home Affairs, I briefed then Malaysian Deputy Minister of Home Affairs, Megat Junid, of our plan to move the CIQ and the rationale for our decision. Slightly more than two years later, I wrote to him again on 1 February 1992 to inform him that "The development masterplan for the new Woodlands Checkpoint, which includes clearance facilities for train passengers and cargoes, is now ready." He replied on 3 March 1992 and said,

 "I have passed the information to the Hon’ble Prime Minister who is also the Minister of Home Affairs Malaysia".

7 Later, the two Prime Ministers touched on this matter in their correspondence. In a letter of 4 April 1992, PM Mahathir wrote to PM Goh:

 "We understand why you would want to have Customs and Immigration checks at Woodlands. In fact, we feel that it would be more convenient for both countries to have the same checkpoint in Woodlands".

8 On 9 April 1992, PM Goh replied,

 "This can be done. I have asked Jayakumar to include facilities for Malaysia’s customs and immigration at Woodlands".

9 Following this agreement between the two Prime Ministers, MHA briefed Malaysian officials in June 1992 on the details of Singapore's plan to relocate its CIQ to WTCP. We informed them what facilities could be made available to them if they wished to co-locate their CIQ at Woodlands.

September 1993: Malaysia agreed to co-location

10 On 20 September 1993, the Malaysian Government officially informed Singapore that they had decided to co-locate their CIQ with Singapore’s at WTCP. Dato' Halim Ali, then Deputy Secretary-General I of the Malaysian Ministry of Foreign Affairs, wrote to MHA. He said:

11 Singapore therefore proceeded to plan the construction of the WTCP on the basis that Malaysia's CIQ would co-locate with Singapore's CIQ at WTCP.

June 1997: Malaysia unexpectedly changed its mind

12 On 11 June 1997, almost four years later, the Malaysian Government wrote to MHA stating that it had changed its mind and had decided to retain its CIQ at Tanjong Pagar. The letter was signed by Dato Ghazzali Sheikh, Deputy Secretary-General I, Ministry of Foreign Affairs, Malaysia. It gave no reasons, although considerable work had been done by Singapore in planning and construction of the WTCP on the basis of co-location. After Malaysia had rejected co-location, Singapore reconfigured the WTCP building to serve only Singapore’s needs.

July 1997: Singapore informed Malaysia that their CIQ cannot remain in Tanjong Pagar once Singapore’s CIQ moves to Woodlands

13 On 2 July 1997, MHA replied to the Malaysian Government that since Malaysia had rejected Singapore's offer to co-locate its CIQ at Woodlands, once Singapore's CIQ moved to Woodlands their CIQ could not remain at Tanjong Pagar because:

14 Members will note that Malaysia had been given notice more than one year ago that once we moved our CIQ, their CIQ could not stay in Tanjong Pagar. Since Malaysia had rejected Woodlands and we had told them they could not stay in Tanjong Pagar, this meant they had to relocate their CIQ to their own territory.

February 1998: Malaysia informed that we will move on 1 August 1998

15 On 23 February 1998, Singapore officials informed Keretapi Tanah Melayu Berhad (KTMB) at a meeting that Singapore agencies would operate at WTCP from 1 August 1998. KTMB was requested to also be ready to operate from there from 1 August 1998. On 25 March 1998, KTMB confirmed that "as far as KTMB was concerned, it was working towards 1 August 1998 to be operationally ready".

16 On 24 April 1998, MHA officially wrote to Dato Ghazzali Sheikh to inform the Malaysian Government that Singapore would commence its CIQ operations in Woodlands from 1 August 1998. In this letter, MHA stated, "In accordance with the letter of 2 July 1997, Malaysia is requested to cease its Immigration and Customs clearance of rail passengers and rail cargo at the Tanjong Pagar Railway Station by 1 August 1998. Malaysia should relocate its rail CIQ operations within its own territory".

17 On 14 May 1998, Malaysian officials met with their Singapore counterparts to discuss the matter. At this meeting, Dato Ghazzali Sheikh asked Deputy-Secretary of the Ministry of Home Affairs, Mr Tan Boon Huat, whether the option of co-location at WTCP was still open. Mr Tan reiterated that since Malaysia had rejected co-location in their letter of 2 July 1997, the offer had lapsed. Furthermore, the WTCP had since been built without provision for Malaysian CIQ facilities. Mr Tan also explained that Malaysia would have to move its CIQ facilities out of Tanjong Pagar Railway Station by 1 August 1998.

10 July 1998: Malaysia claimed for the first time a legal right for their CIQ to remain in Tanjong Pagar

18 On 10 July 1998, at Malaysia's request, officials from both sides met in Singapore. At this meeting, the Malaysians claimed for the first time that Malaysia had a legal right to retain their customs at Tanjong Pagar. Singapore’s representative from the Attorney-General’s Chambers disagreed with this legal claim. For Malaysian Immigration, the Malaysians conceded that there was no enabling legislation to allow them to operate in Singapore.

19 Singapore officials stressed that Malaysia's CIQ could not remain at Tanjong Pagar because there was no legal basis for it to do so. Moreover, this would pose operational difficulties and result in an illogical sequence of passenger clearance not in accordance with international practice. The improper sequence of clearance would cause problems in crime investigation and prosecution and raise difficult legal issues of proof. Singapore informed them that they had to move their CIQ to Johor Bahru.

20 The Malaysian officials did not dispute that the sequence of immigration clearance would be illogical if its immigration operations remained at Tanjong Pagar when Singapore moved to Woodlands. However, they proposed that Malaysia grant conditional immigration clearance in advance at Tanjong Pagar which would not be valid until followed by a final clearance by Singapore Immigration at Woodlands. Singapore informed them that this suggestion for advanced clearance was not practical, as it would not address the basic issues.

17 July 1998: Interim arrangements worked out for customs

21 Both sides met again on 17 July 1998. Since Malaysia claimed a legal right for their Customs to remain at Tanjong Pagar, but Singapore did not agree, we requested Malaysia to forward detailed legal arguments in writing within three months for further study by Singapore’s Attorney-General. Officials from the two Attorney-General Chambers would then meet to clarify the legal position and the basis on which Malaysia claimed that it has a legal right for its Customs to continue operating in Singapore. As an interim arrangement, Singapore would allow Malaysian customs officers to operate at Tanjong Pagar Railway Station, and would station Singapore officials at Tanjong Pagar Railway Station to lend their authority to Malaysian customs officers.

22 On immigration, Malaysia now also argued that despite the absence of any specific legislation, Malaysian Immigration had a legal basis to operate at Tanjong Pagar Railway Station, on the basis of acquiescence and state practice, which was backed by international law.

23 Singapore disagreed. For Malaysia to locate its immigration control post in Singapore is not in compliance with Malaysia’s own law. Under Malaysian law, Johor Bahru railway station is gazetted as the immigration control post for persons travelling from Singapore to Malaysia by train, and not Tanjong Pagar Railway Station. They could not gazette Tanjong Pagar Railway Station as it is Singapore territory. This is confirmed by the endorsement or chop on passports of passengers boarding the train at Tanjong Pagar, which clearly states that the Malaysian Immigration Control Point is in Johor Bahru.

24 Nevertheless, Singapore agreed that Malaysia could make its case on immigration arrangements in the written arguments that it had agreed to present within three months.

Malaysia wanted co-location

25 After claiming the right under the law to have its CIQ remain at Tanjong Pagar Railway Station, Malaysia said at the 10 and 17 July 1998 meetings that it would now like to co-locate its CIQ with Singapore’s in WTCP. Singapore did not agree. We explained that when Malaysia rejected co-location on 11 June 1997, Singapore decided on physical arrangements that made no provision for Malaysia’s CIQ. Furthermore, Singapore decided that it was best that the respective CIQ arrangements be regularised in accordance with international practice by each country having its own CIQ in its own territory as is the case for road, air and sea transport.

Interim arrangement for clearance by Malaysian Immigration at Woodlands

26 We informed Malaysia at the meeting of 17 July 1998 that if it needed more time to relocate its immigration operations to Johor Bahru, Singapore would, as an interim arrangement, allow Malaysian Immigration to board outgoing trains at WTCP and clear passengers onboard the train after they had been cleared for exit from Singapore. Our officials also handed over an Aide Memoire explaining this to the Malaysian delegation at the meeting. The Malaysians rejected the option of clearance on the train. However, Datuk Abdul Kadir Mohamad, Secretary-General of the Malaysian Ministry of Foreign Affairs, requested for some desks on the WTCP platform for Malaysian immigration clearance. Our officials did not accede to his request.

19 July 1998: Singapore agreed to provision of desks on the platform

27 Immediately after the meeting on 17 July 1998, Datuk Kadir told my Permanent Secretary BG Tan Chin Tiong in a telephone conversation that it was not practical for Malaysian Immigration officials to conduct checks onboard trains, as it would mean reducing KTMB's current train schedules by half. Based on our calculations and experience, this was not true. However, I wanted to resolve this issue. Therefore, I authorised BG Tan to tell Datuk Kadir that Singapore had agreed to his request for desks at the WTCP passenger platform for Malaysian Immigration clearance, as an interim arrangement. BG Tan conveyed this by telephone to Datuk Kadir on 19 July 1998. Datuk Kadir replied that it was good that Singapore had offered to allow Malaysia a few desks for its immigration clearance at Woodlands as this would make Malaysian Immigration more orderly.

24 July 1998: Press statement on interim arrangements

28 It was clear therefore that we had settled on interim arrangements for both customs and immigration. Singapore had gone to considerable length to do so. On 24 July 1998, Singapore's Acting High Commissioner in Kuala Lumpur handed over an Aide Memoire and press statement to the Malaysian Ministry of Foreign Affairs, placing on record these interim arrangements which had been discussed and settled.

24 July 1998: Malaysia made a turnaround and denied agreement on interim arrangements

29 On the same day, the Malaysian Ministry of Foreign Affairs issued a press statement, claiming factual inaccuracies in the MHA press statement, and denying that Malaysia had agreed on the interim arrangements described by Singapore. It denied asking for desks on the WTCP passenger platform for Malaysian Immigration. It claimed that Malaysia had requested for space inside the WTCP building. Moreover, the Undersecretary (Southeast Asia and South Pacific) at the Malaysian Ministry of Foreign Affairs, Arshad Hussain, was quoted in Bernama as saying:

 "All we are asking for is co-location inside the Woodlands Train checkpoint as [in] the original plan".

30 On 25 July 1998, MHA issued a press statement expressing puzzlement and surprise that Malaysia disputed the MHA press statement of 24 July 1998. In the statement, MHA said that Singapore had worked on the basis that both Malaysia and Singapore wanted smooth train operations when Singapore moved its CIQ to WTCP on 1 August 1998. That was why Singapore had responded positively to Datuk Kadir’s request for a few desks on the passenger platform at WTCP for Malaysian immigration clearance. Singapore therefore did not understand why Malaysia now claimed that there was no agreement on interim arrangements for Malaysia’s CIQ in Singapore.

25 July 1998: My meeting in Manila with Foreign Minister Abdullah Badawi where we agreed that both sides should meet again

31 I subsequently met Malaysian FM Abdullah Badawi during the 31^st ASEAN Ministerial Meeting in Manila on 25 July 1998. We had worked closely before whenever we had bilateral problems. He requested a meeting to see if we could resolve the impasse. FM Abdullah Badawi's main concern was that the interim arrangements offered to Malaysian Immigration should be "functional and presentable". He agreed that Malaysian Immigration could not remain at Tanjong Pagar after 31 July 1998, because the sequence of immigration clearance would be illogical and contrary to international practice. He also agreed that there would be no co-location of Malaysian Immigration with Singapore Immigration inside the building at WTCP. On this basis, we agreed to instruct our immigration officials to meet again as soon as possible to work out interim arrangements for Malaysian Immigration at WTCP that would be functional and presentable. Following my meeting with FM Abdullah Badawi, I issued a press statement summarising these agreed points.

27 July 1998: Meeting of officials scheduled between both sides

32 Singapore immediately followed up by inviting Malaysian Immigration officials to a meeting in Singapore on 28 July 1998. The Malaysian officials agreed to the meeting.

27 July 1998: PM Mahathir reported to say Malaysia will not move their CIQ to Tanjong Pagar

33 However, the evening before the scheduled meeting, PM Mahathir who was then in Namibia, was quoted in Bernama, saying that Malaysia would not shift its CIQ facilities in Singapore from Tanjong Pagar to Woodlands. He was reported to have said to accompanying Malaysian journalists, "That's our stand and we will stick to it".

28 July 1998; Talks break down

34 The Malaysian delegation which attended the meeting on 28 July 1998 did not do so with an open mind to resolve this issue conclusively. The talks broke down because the Malaysian officials insisted that Malaysian Immigration should be located within the WTCP building, notwithstanding the understandings between Minister Abdullah Badawi and myself in Manila. The officials said that otherwise, Malaysian Immigration would remain at Tanjong Pagar. The Singapore officials repeatedly assured them that functional and very presentable interim arrangements would be set up for Malaysian Immigration at the WTCP platform. But the Malaysian delegation refused to consider them.

35 In fact, Singapore even proposed air-conditioning the immigration booths on the platform to make them more comfortable. The facilities would be more presentable and functional than those on the Tanjong Pagar platform. The WTCP platform is 10 m wide, wider than Tanjong Pagar which is only 8 m, but which currently accommodates both Malaysian and Singapore Immigration clearance facilities without difficulty. The Malaysian delegation insisted that this was unsatisfactory, but gave no reasons for this even though they are already operating on the platform in Tanjong Pagar.

36 The Singapore delegation reminded the Malaysians that if the Malaysian Immigration remained at Tanjong Pagar after Singapore Immigration moves to WTCP on 1 August 1998, the sequence of immigration clearance for rail passengers departing Singapore would be illogical and contrary to international practice. Malaysian Immigration would cease to have any authority to clear immigration at Tanjong Pagar once Singapore Immigration is no longer at Tanjong Pagar to lend them their authority. The Malaysian delegation, however, refused to consider our position. Instead they abruptly ended the meeting and left.

Conclusion

37 Let me sum up by expressing my regret that the extended discussions with Malaysia to work out interim arrangements for the Malaysian CIQ have broken down. As members can see, Singapore has gone to considerable lengths and made a series of proposals and compromises to resolve the issue. However, Malaysia has changed its position again and again:

38 Members will note that we have tried to be consistent, reasonable and helpful at every stage of our dealings with the Malaysians on this issue and have made the following concessions:

39 Yesterday our High Commissioner in Malaysia presented an Aide Memoire to the Malaysian Foreign Ministry in Kuala Lumpur. This Aide Memoire stated, inter alia, the following :

 "Rail passengers will face the following difficulties if Malaysian Immigration insists on executing their duties at Tanjong Pagar Railway Station after 31 July 1998 without any legal authority:

40 Malaysian Immigration's insistence to clear entry into Malaysia at Tanjong Pagar railway station after 31 July 1998 before Singapore has cleared them for exit from Singapore will cause inconvenience to rail passengers. The interim arrangements that Singapore had offered for Malaysian Immigration in Singapore's Aide Memoire of 24 July 1998 after discussions between both Ministers for Foreign Affairs in Manila would have avoided this. Unfortunately, Malaysian officials have rejected these interim arrangements and abruptly ended the 28 July 1998 meeting.

41 Malaysia has not informed Singapore exactly how it intends to proceed after 31 July 1998, after rejecting Singapore's proposal of air-conditioned counters on the WTCP and insisting that their Immigration will conduct clearance at Tanjong Pagar. Singapore regrets that it has to issue a travel advisory to inform rail passengers of the inconvenience and difficulties that they will face if Malaysian Immigration officials persist in granting passengers entry into Malaysia at Tanjong Pagar before Singapore clears them for exit at Woodlands.