Attachment Two

List of Shipping Casualties, 1852-1952 and other related Ordinances

Introduction
This List was prepared at the Department of Southeast Asian Studies, University of Malaya
in 1992 from various sources. It cannot claim to be exhaustive. In this lengthy period of 100
years the Republic of Singapore cited a single case that was heard by the Court of
Investigation of the Straits Settlements, Port of Singapore, that was held in early 1920 to
shore up its stand that Singapore and her predecessors-in-title had exercised sovereign
authority over Pedra Branca by investigating shipwrecks within the island's territorial waters.
However, there is enough facts established that jurisdiction to hear shipping incidents in the
Straits Settlements Marine Court of Investigation and later that of the Crown Colony of
Singapore did not depend on Singapores territoriality.
In the List below you will be able to see the established facts of shipping incidents
investigated and heard in the Marine Court of the Settlement and later the Crown Colony of
Singapore. However, in the Republic of Singapore Pleadings you will not see these facts. It
does give a new ring to the famous remark made by the Republic of Singapore during the
ICJ Proceedings Now you see; Now you do not. There is only one 1920 incident which the
Court was transfixed and Judgment made for a one hundred year period.
Period 1852 to 1866, East India Company.
1. The Straits Times dated 15th January 1856
On the 9th of January 1856, T. Church, Resident Councillor, Settlement of Singapore
received statements regarding the loss of a Chinese Junk near Pulau Aur, which is in
Johor Territories.
The newspaper account does not mention whether the case was subjected to an
investigation by the Straits authorities. However, the Resident Councillor, Settlement of
Singapore was officially involved.
2. The Straits Times dated 14th August 1858
Collision in the China Sea - Total loss of the 'Ville de Monte Video', The French Barque'
Ville De Monte Video' collided with a British ship 'Day Dream', about 15 miles to the
southeast of Pulau Aur in Johore Territories on 2nd August 1858.
The newspaper account does not mention whether the case was subjected to an
investigation by the Straits authorities.
3. Indian Act No. 1 of 1859 dated 25th January 1859
This Act provided for the establishment of Marine Courts in the Straits Settlements. The
Act provided for Courts of Inquiry to be convened involving the causes of wrecks that
have occurred "within the neighbourhood of the Settlement; the judgement of each Court
has been duly published in the Straits Settlements Government Gazette (Source:

Straits Settlements Annual Departmental Reports, 1862-1863, Section V, Marine,

Pg.20.)
4. Governor Orfeur Cavenagh to Secretary to the Government of India, 29 th April 1861,
informed that a Straits Court assembled under the provisions of Indian Act No. 1 of 1859
was convened to investigate the cause of the wreck of the British Ship Fiery Cross.
(Source: Straits Settlements Factory Records, Series R 38, folio 43)
5. The Straits Times dated 6th February 1864
The Straits Times quoting from the Straits Settlements Government Gazette dated
5th February 1864 of the verdict of the Marine Court of Inquiry held in the Settlement of
Singapore. The case was the loss of the British ship Lammermiur on an unmarked rock
in the fair channel between Pulo Loat and the Discovery Rocks in the Maclesfield
Channel. The area based on the co-ordinates provided is well within Dutch Territories.
6. The Straits Times dated 14th January 1865
The Straits Times published a written statement issued by H. Bum, Marine Magistrate,
Settlement of Singapore dated 12th January 1865 regarding the total loss of ThreeMastered Schooner Canton near Pedra Branca and the drowning of five hundred and
more Coolie passengers. The surviving passengers drifted to the coast of Rhio which
was Dutch Territories. The Schooner had sailed Swatow with Singapore as its
destination.
This is the first case heard by the Straits Settlements Marine Court of Enquiry in
Singapore involving the sinking of a vessel within the Territorial Waters of Pedra Branca.
The Period 1867 to 1945.
This period covered the Colony of the Straits Settlements from the time the Straits
Settlements were transferred to the Colonial Office in 1867 until the eve of its dissolution in
1946 when the Colony of Singapore was established.
7. "Ordinance No. 26 of 1870, An Ordinance to amend the Law relating to Marine
Courts of Inquiry", Straits Settlements Government Gazette, 9th December 1870
Clause One defines the cases in which Courts of Inquiry could be instituted:
"1. In any of the following cases, that is to say,
a. Whenever the Governor has reason to believe that any Master, Mate, or Engineer of a
British Ship is from incompetency or misconduct unfit to discharge his duties;
b. Whenever any such Ship is lost, abandoned, or materially damaged in or near the
coasts of the Colony;
c. Whenever any such Ship causes loss or material damage to any other ship in or near
such coasts;
d. Whenever by reason of any casualty happening to or on board of any such Ship in or
near such coasts loss of life ensues;
e. Whenever any such loss, abandonment, damage, or casualty happens elsewhere,
and any competent witnesses thereof arrive, or are found in the Colony;
It shall be lawful for the Governor to appoint a Court of Inquiry for the purpose of
examining into such charges and matters".

The definition of the phrase "in or near the coasts of the Colony" WAS NOT confined to
the immediate coasts of the Colony, say within a three mile distance. The following cases
heard before Courts of Inquiry, Singapore, as listed below during the period of the
Colony of the Straits Settlements (1867-1946) are open records and any undergraduate
from Institutions of Higher Learning in Malaysia and Singapore can have access to these
facts. These cases are part of the Historical Legal Records of the Colony of the Straits
Settlements and its successor Governments of the Colony of Singapore; State of
Singapore and Republic of Singapore. These hearings were published in Annual Reports
of the Department of Marine,. 'Colony of the Straits Settlements and the Colony of the
Straits Settlements Government Gazettes and sold to members of the public.
A Marine Court of Enquiry is a Civil Court of Summary Jurisdiction. Ordinance XXVI of
1870, under which these Enquiries are held, was passed for holding enquiries and
investigations into charges of incompetency and misconduct of Masters and Mates of
Ships as to shipwrecks and other casualties affecting ships, and is of the nature
therefore, of an ordinary Wrecks Commissioners Court of Enquiry in England, where the
meanest stoker may be represented by counsel. (Source: STRAITS LAW JOURNAL,
June 1888)
8. The Straits Times dated 2nd May 1874
The Straits Times published the entire proceedings of the Vice Admiralty Court of the
Straits Settlements before His Honor Sir Thomas Sidreaves KT. C.J. dated 22nd April
1874. This was a claim for damages by collision instituted on behalf of the Owner of the
Siamese barque Advance against the North German steam ship Egeria whereof James
Entwistle was Master. The facts of the case are that on the night of the 18 th August 1873
at about 5 minutes before midnight, in about Latitude l degree 58 minutes North,
Longitude 102 degree 45 minutes East about 25 miles South of Pulo Aur, the abovenamed barque Advance and the above-named steam ship Egeria came into collision,
the Egeria's stem striking the jib-boom of the Advance and causing considerable
damage, for which the claim is brought. (Note: There appears to a typo error in the
Longitude 102 degree 45 minutes East as this will place the incident on the Straits of
Malacca side of the Malay Peninsula and not near Pulau Aur which is Longitude 104
degree.
9. Straits Settlements Government Gazette, 18th February 1880, Government
Notification - No. 54.
The Finding of the Marine Court of Enquiry into the stranding of the British Steamer
Brisbane, is published for general information. The Marine Court of Enquiry was
convened at the request of His Excellency the Administrator of the Straits Settlements.
The ship was stranded on an unknown reef in the Arafura Sea on the 11th of January
1880 at Lat. 8 degree 22 minutes 30 seconds, Long. 128 degrees 24 minutes E.
10. Investigating and Reporting on Maritime Hazards
"Survey of the Ajax Shoal", Lieutenant Henry Belam to Acting Colonial Secretary, Colony
of the Straits Settlements, dated 7th March 1885, in Paper laid before the Legislative
Council by Command of His Excellency the Chief Office Administering the Government,
dated Tuesday 24th March 1885. The Ajax Shoal is located in the Straits of Singapore
and the survey of this maritime hazard was done by the Admiralty Surveyor and his
findings was presented to the Legislative Council of the Colony of the Straits
Settlements.

11. Straits Settlements Government Gazette, 11th May 1888, Government Notification No. 291.
Narrative and Finding of a Marine Court of Enquiry into the grounding of the British
steamer Nam Kiang. The ship grounded on North Point of Red Island in the Straits of
Singapore, 3 miles South of Raffles Lighthouse on Coney Island. Coney Island was
formally taken possession by James Crawfurd in 1825 and marked the Southern most
limits of the Settlement of Singapore under the Cession Treaty of 2 nd August 1824. Red
Island is in Dutch Territories as part of Rhio Residency.
12. Straits Settlements Government Gazette, 28th January 1910, No. 128.
Marine Court of Enquiry into the Circumstances relating to the Stranding of the British
Barque King George off Java's Third Point on the 24 th November 1909. The incident
occurred near the Sunda Straits and the case was heard in the Marine Court of Enquiry
of the Colony of the Straits Settlements held in Singapore.
13. Straits Settlements Government Gazette, 1st June 1906, No. 539.
Marine Court of Inquiry into the Stranding of the S.S. Beechley on the Reef off the South
end of Libau Island, Wetta Passage, on the 14 th April 1906. The incident occurred on the
reef off the south end of Libau Island, Wetta Passage in Dutch Territories.
14. Straits Settlements Government Gazette, 4th January 1918, No. 2
Court of Investigation into the circumstances attending the loss of the S.S. Hong Wan in
the Straits of Malacca. The Merchant Shipping Ordinance, 1910. The Court investigated
the loss of the S.S. Hong Wan, nearer to Muar, State and Territory of Johor.
15. Straits Settlements Government Gazette, 1918, No. 14,
Court of Investigation into the circumstances attending the stranding of the British S.S
Anamba near Sabang on the 26th September, 1918, Straits Settlements, Port of
Singapore. Report of Court. The Merchant Shipping Ordinance, 1910. The vessel
stranded North West of Pulau Way (Pulo Weh), Sabang, North Sumatra under Dutch
Territories.
16. Straits Settlements Government Gazette, 9th April 1920, No. 43
Court of Investigation to examine into the circumstances attending the stranding of the
S.S. Kajang on a voyage from Sandakan to Kudat on January 23rd 1920. Straits
Settlements. Port of Singapore. Report of Court. The Merchant Shipping Ordinance,
1910. The incident occurred on a reef on the south-east side of Pulau Taganak in the
Sulu Seas.
17. Straits Settlements Government Gazette, 10th September 1920
Court of Investigation to examine into the circumstances attending the collision between
the British S.S. Chak Sang and the Dutch S.S. Ban Fo Soo about 1 1/2 to 1 3/4 miles
north of the Horsburgh Lighthouse on the night of the 9th July, 1920. Report of Court.
The Merchant Shipping Ordinance, 1910, No. 96
18. Straits Settlements Government Gazette, No. 577, 1st April 1927.

Court of Investigation to examine into the circumstances attending the grounding of the
S.S. Royalstar near Batu Beranti in Singapore Strait on the 13 th January 1927. The
incident occurred close to north-east of Batu Beranti Lighthouse in the Singapore Strait,
in Dutch Territories. From the records it would appear that the vessel entered the
Singapore Strait from the China Sea through the South Channel.
19. Straits Settlements Government Gazette, No. 578, 1st April 1927
Court of Investigation to examine into the circumstances attending the grounding of S.S.
Ban Hong Liong on a reef on the East Coast of Banka Island on the 14 th January 1927.
The incident occurred in the South China Sea, Dutch Territories.
20. Straits Settlements Government Gazette, No. 771, 29th April 1927.
Court of Investigation to examine into the circumstances attending the grounding of the
m.v. Asiatic Prince on Cabilao Island, in the Philippines, on the 15 th December 1926.
The incident occurred in Philippine Territories.
21. Straits Settlements Government Gazette, No. 1302, 15th July 1927.
Court of Investigation to examine into the circumstances attending the grounding of the
s.s. Conus on Royal Captain Shoal, Palawan Passage, China Sea, on the 16th May
1927. The incident occurred on Latitude 9 degree 02 minutes N and Longitude 116
degrees 38 minutes E. in the China Sea.
22. Annual Report, Marine Department, Colony of the Straits Settlements, 1930.
Marine Courts of Investigation, Singapore "to enquire into the circumstances attending
the stranding of Government S.Y. Sea Belle 11, Official No. 156086 of Singapore, off the
Perhentian Islands, Malaya East Coast, on the 17th June 1930. The incident involved the
grounding of the Government Yacht with the Governor of the Colony of the Straits
Settlements on board on an unchartered coral reef 42 miles off the coast of Trengganu
and some 340 miles away from the Settlement of Singapore. The yacht was refloated
with the assistance of the Singapore Harbour Board salvage tug Varuna which was
summoned to the scene by telegraph.
The Period 1946-1957, Colony of Singapore
The only source readily available are the Annual Reports of the Marine Department,
Colony of Singapore and State of Singapore, where cases are mentioned with
minimal details. The Colony of Singapore Government Gazette did not mention these
cases, unlike that of the predecessor government of the Colony of the Straits
Settlements. Other possible sources that could be researched includes the Straits
Times and other contemporary newspapers of the period.
23. Annual Report of the Marine Department, Colony of Singapore, 1948, Pp. 8-9.
"Marine Court of Investigation under Section 302 of the Merchant Shipping Ordinance",
One case was heard involving "M.A. No. 6" and "Tanjong Balai". There is no reference in
the Annual Report on the location of the incident.
24. Annual Report, Marine Department, Colony of Singapore, 1952, Pp. 33-37.

Court of Investigation held in October 1951, Report of Court. The case involved an
investigation into the circumstances attending the explosions and fire that took place on
board m.v. Drornus on the 20th August 1951 at Wharf 6, Pulau Bukom, Colony of
Singapore.
25. Annual Report, Marine Department, Colony of Singapore, 1952, Pp. 37-39.
Court of Investigation held in 1952, Report of Court. The grounding of m.v. Torina on 19th
December 1951 on Pulau Manis Island, near Singapore, in the Straits of Sugi (Republic
of Indonesia's Territories). The tug boat Croaker was sent from Singapore Harbour and
with her assistance the vessel was refloated and towed to Singapore.