JUNE 30 — Introduction In 1786, Francis Light leased the island of Pulau Pinang (Penang) from Sultan Abdullah Mukarram Shah of Kedah through a treaty, renaming it Prince of Wales Island, the first British outpost ever to be established on the Malay Peninsula. Was the treaty valid? History...
Tuesday, 30 Jun 2020 03:41 PM MYTIn 1786, Francis Light leased the island of Pulau Pinang from Sultan Abdullah Mukarram Shah of Kedah through a treaty, renaming it Prince of Wales Island, the first BritishMalaysia has its origin from a number of ancient Malay kingdoms namely Srivijaya, Majapahit, Kedah, Malacca, Brunei, Johor and Aceh. Kedah is the oldest surviving sultanate established in the year 630AD still existing today.
Nevertheless, there was also a divergent argument that the sending of bunga mas was just a sign of friendship, goodwill and cordial relations between the two sovereign kingdoms and in no way compromising the sovereignty of Kedah. In fact, the gift bestowed upon the Kingdom of Siam to Kedah was even more than what Kedah sent to Siam.
This was made possible in return of military protection provided by the EIC to Kedah. The fact that the British entered into a treaty with the Sultan of Kedah and not with the King of Siam to acquire Penang clearly shows that the British acknowledged Kedah as a sovereign state possessing sovereignty over Penang.
This historical episode explains why Penang ceased to be part Kedah and was regarded as ‘Straits Settlement’ alongside with Malacca and Singapore.Many empires have set up vassal states out of kingdoms that they wish to bring under their auspices without having to conquer or govern them. In other words vassalage refers to forfeiting foreign-policy independence in exchange for full internal autonomy and perhaps a formal tribute.
The cession of Singapore by the Johor Sultanate to the British in 1819 was valid as Johor was recognised as a sovereign State up to 1914. The same applies to the cession of Sabah by the Sulu Sultanate to the British as the Sultan of Sulu was a sovereign ruler of Sabah back in 1878. Nevertheless, Article 26 of the Vienna Convention on the Law of Treaties, which is a restatement of customary international law applicable to all States mentions that “Treaties are to be upheld in good faith.”
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