Mar 12, 2013

Sulu Claim On Sabah Without The Hardcopy ?

North Borneo @ Sabah
ceded or leased
to Sulu Sultan
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1878 Agreement
On 22 January 1878, an agreement was signed between the Sultanate of Sulu and British commercial syndicate (Alfred Dent and Baron von Overback), which stipulated that North Borneo was either ceded or leased (depending on translation used) to the British syndicate in return for payment of 5000 Malayan Dollar per year.[3][4] On 22 April 1903 His Majesty Sultan Jamalul Kiram signed a document known as "Confirmation of cession of certain islands", under what he either "grant and ceded" or "leased" additional islands in the neighbourhood of the mainland of North Borneo from Banggi Island to Sibuku Bay to British North Borneo Company. The sum 5,000 dollars a year payable every year increased to 5,300 dollars a year payable every year.

British version

“ ... hereby grant and cede of our own free and sovereign will to Gustavus Baron de Overbeck of Hong Kong and Alfred Dent Esquire of London...and assigns for ever and in perpetuity all the rights and powers belonging to us over all the territories and lands being tritutary to us on the mainland of the island of Borneo commencing from the Pandassan River on the north-west coast and extending along the whole east coast as far as the Sibuco River in the south and comprising amongst other the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco river with all the islands within three marine leagues of the coast.[5]

Sulu version

“ ...do hereby lease of our own freewill and satisfaction to...all the territories and lands being tributary to [us] together with their heirs, associates, successors and assigns forever and until the end of time, all rights and powers which we possess over all territories and lads tributary to us on the mainland of the Island of Borneo, commencing from the Pandassan River on the west coast to Maludu Bay, and extending along the whole east coast as far as Sibuco River on the south,..., and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco River, ..., [9 nautical miles] of the coast."

The key word in both the agreements was "padjak", which has been translated by American, Dutch and Spanish linguists to mean "lease" or "arrendamiento". The British nevertheless takes the word "padjak" to mean "grant and cede".[5] It can be argued however, that "padjak" means "mortgage" or "pawn" or even "wholesale", as per the contemporary meaning of "padjak" in Sulu.[7][8]

Every year, the Malaysian Embassy in the Philippines issues a check in the amount of 5,300 ringgit (US$1710 or about 77,000 Philippine pesos) to the legal counsel of the heirs of the Sultan of Sulu. Malaysia considers the amount an annual “cession” payment for the disputed state, while the sultan’s descendants consider it “rent.”[9][10]

The details @
wikipedia.org


1878 Agreement
Sulu Version 
was burned in the war with Spain
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Today in Philippine History, January 22, 1878, Baron de Overbeck was conferred the title Datu Bandahara by the Sultan of Sulu

On January 22, 1878, Baron de Overbeck was conferred the title Datu Bandahara and Rajah of Sandakan by Sultan Mahomed Jamal Al Alam, Sultan of Sulu.

The Sultan announced to "all nations of the earth whom these matters may concern, certain portions of the dominions owned by us comprising all the lands on the north and east coast of Borneo ... we do hereby nominate and appoint Baron de Overbeck supreme and independent ruler of the above named territories with the title of Datu Bandahara and Rajah of Sandakan".

The announcement was made at the palace of the sultan at Lipuk in the island of Sulu.





Alfred Dent

It was also in this occassion, through the instrumentation of Sir Alfred Dent, that the Sultan of Sulu was induced to transfer to a company formed by Baron de Overbeck and Sir Dent, his possession in North Borneo for a lease of 5,000 Mexican dollars annually and the Sultan to collect the rent in Sandakan.

The Spanish campaigns for Christendom had despoiled the Sultan's realm with steamships and heavy cannon. It is recorded that not a house was left whole anywhere on Jolo. As the Sultanate had thus been ruined, fields and homes alike, the royal revenues were sorely depleted. To recoup the Islamic bourse, therefore, the Sultan made the deal with the British.

In later years, the Sultan would claim that the original agreement of which duplicate copies were made, in Sulu language, was dated and for only 50 years.

The Sultan's copy of the agreement was burned in the war with Spain. The other copy was said to be locked up securely in the vault of the company in London.

Reference:

American Chamber of Commerce of the Philippines Journal, Pages 11-13, Volume 6, Number 7, July 1926
kahimyang.info


Question

The Sultan's copy of the agreement ( Sulu version which being said has used the word "Pajak" ) was burned in the war with Spain. The other copy was said to be locked up securely in the vault of the company in London.

Sulu version

“ ...do hereby lease of our own freewill and satisfaction to...all the territories and lands being tributary to [us] together with their heirs, associates, successors and assigns forever and until the end of time, all rights and powers which we possess over all territories and lads tributary to us on the mainland of the Island of Borneo, commencing from the Pandassan River on the west coast to Maludu Bay, and extending along the whole east coast as far as Sibuco River on the south,..., and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco River, ..., [9 nautical miles] of the coast."



Comments


0- If I have the correct understanding  and ...
1- If the above statement is true, so how the english translation of the Sulu version (as above) was made.
2- And meaning ... the Sulu claim on Sabah was done without the hardcopy of the Pajak agreement
    ( 1878 Agreement ).


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