Historians and politicians have been discussing this delicate issue since the last decade - will Penang and Seberang Prai return to Kedah.
Sounds a sensitive political issue, since Penang is now under the Pakatan Rakyat's rule, with DAP Chief Minister Lim Guan Eng strengthening his grip on the vastly-developed island. He remained silence over the matter, and so are his colleagues.
And today, Bernama produced another piece. Interesting read.
![]()
"After more than 200 years, the Malays in Penang and Kedah still hold a collective memory and consciousness of the allegedly dubious nature by which the island and Seberang Perai 'changed hands'."
Universiti Teknologi Petronas historian Prof Datuk Dr Ahmad Murad Merican claimed there is a narrative that casts much doubt on the'agreement' between Francis Light and the then Sultan of Kedah, Sultan Abdullah.
"Most Pulau Pinang Malays and those in Kedah cannot forget what they described as the 'robbing' of Pulau Pinang and deception (on the agreement) by (Francis) Light. There was much doubt and anomaly.
"The Kedah Sultan was sovereign. Was Francis Light equally one?" queried the historian, who is also deputy president of the Penang Malay Historical and Heritage Society (Pewarisan) in an interview with Bernama recently.
Murad was asked to comment on a statement by Malaysian Historical Society (PSMCK), Kedah chairman Datuk Dr Wan Shamsuddin Mohd Yusof regarding Penang and Seberang Perai's lease agreements in 1791 and 1800.
Both agreements, he said, ought to be reviewed and Penang and Seberang Perai (formerly Province Wellesley) should be returned to the Kedah Sultan.
Wan Shamsuddin's suggestion which Murad urged all parties to consider, was based not solely on sentiments but also on several documents and evidences.
"The island and Seberang Perai belong to the Sultanate and the Sultan of Kedah, historically, socially and economically. The laws of Kedah were applied to the island before they were 'robbed' of by Common Law in 1807," he said.
Furthermore, the British he said, never fulfilled one of the conditions set in the treaty which was to protect Kedah from Siamese's aggression, a point also stressed by PSMCK scholar Dr Ibrahim Bakar.
Ibrahim in an earlier interview with Bernama said the agreement for Penang and Seberang Perai was deemed null and void due to the British's failure in protecting Kedah as stipulated by the agreement.
Murad also said the treaties were nullified in 1957 when the country gained independence from British and Penang as well as Seberang Perai should be reverted to Kedah automatically.
In fact, in 1955 according to him, the then Sultan of Kedah, Sultan Badlishah in a letter to the British had asked for the return of Seberang Perai, which he viewed as part of Kedah.
"The voices of subsequent Sultans of Kedah since Sultan Abdullah Mukaram Shah and Sultan Zainal Azilin Jiwa Muazzam Shah whom Light has met, has emphasised that memory and consciousness of the Sultanate," he said.
According to him, Kedah's claim on Penang or any claim to a territory either within nation states or between nation states was not something unusual or constitutionally and politically impossible.
"Examples abound. One of which is Hong Kong back with China. We have seen Dindings and Pangkor given back to Perak. And across the world, changes in borders within and of nation states are happening," he said.
However, will Kedah push for such a claim on Penang?
Also read To return or not to return Penang to Kedah
Sounds a sensitive political issue, since Penang is now under the Pakatan Rakyat's rule, with DAP Chief Minister Lim Guan Eng strengthening his grip on the vastly-developed island. He remained silence over the matter, and so are his colleagues.
And today, Bernama produced another piece. Interesting read.
"After more than 200 years, the Malays in Penang and Kedah still hold a collective memory and consciousness of the allegedly dubious nature by which the island and Seberang Perai 'changed hands'."
Universiti Teknologi Petronas historian Prof Datuk Dr Ahmad Murad Merican claimed there is a narrative that casts much doubt on the'agreement' between Francis Light and the then Sultan of Kedah, Sultan Abdullah.
"Most Pulau Pinang Malays and those in Kedah cannot forget what they described as the 'robbing' of Pulau Pinang and deception (on the agreement) by (Francis) Light. There was much doubt and anomaly.
"The Kedah Sultan was sovereign. Was Francis Light equally one?" queried the historian, who is also deputy president of the Penang Malay Historical and Heritage Society (Pewarisan) in an interview with Bernama recently.
Murad was asked to comment on a statement by Malaysian Historical Society (PSMCK), Kedah chairman Datuk Dr Wan Shamsuddin Mohd Yusof regarding Penang and Seberang Perai's lease agreements in 1791 and 1800.
Both agreements, he said, ought to be reviewed and Penang and Seberang Perai (formerly Province Wellesley) should be returned to the Kedah Sultan.
Wan Shamsuddin's suggestion which Murad urged all parties to consider, was based not solely on sentiments but also on several documents and evidences.
"The island and Seberang Perai belong to the Sultanate and the Sultan of Kedah, historically, socially and economically. The laws of Kedah were applied to the island before they were 'robbed' of by Common Law in 1807," he said.
Furthermore, the British he said, never fulfilled one of the conditions set in the treaty which was to protect Kedah from Siamese's aggression, a point also stressed by PSMCK scholar Dr Ibrahim Bakar.
Ibrahim in an earlier interview with Bernama said the agreement for Penang and Seberang Perai was deemed null and void due to the British's failure in protecting Kedah as stipulated by the agreement.
Murad also said the treaties were nullified in 1957 when the country gained independence from British and Penang as well as Seberang Perai should be reverted to Kedah automatically.
In fact, in 1955 according to him, the then Sultan of Kedah, Sultan Badlishah in a letter to the British had asked for the return of Seberang Perai, which he viewed as part of Kedah.
"The voices of subsequent Sultans of Kedah since Sultan Abdullah Mukaram Shah and Sultan Zainal Azilin Jiwa Muazzam Shah whom Light has met, has emphasised that memory and consciousness of the Sultanate," he said.
According to him, Kedah's claim on Penang or any claim to a territory either within nation states or between nation states was not something unusual or constitutionally and politically impossible.
"Examples abound. One of which is Hong Kong back with China. We have seen Dindings and Pangkor given back to Perak. And across the world, changes in borders within and of nation states are happening," he said.
However, will Kedah push for such a claim on Penang?
Also read To return or not to return Penang to Kedah
Malaysia has its origin in several pre-colonial kingdoms including those of Srivijaya, Majapahit, Kedah, Melaka, Brunei, Johor and Aceh. Kedah’s is the oldest surviving Malay sultanate, having been established in 630 and being known then as Kadaram.
After the fall of Srivijaya in the 13th century AD, Kedah was made a vassal of stronger regional empires like Majapahit, Melaka and Siam. Kedah was later placed under British protection with the Anglo-Siamese Treaty of 1909.
During the reign of Sultan Abdullah Mukarram Shah, Kedah started to despatch the bunga mas to Siam as tribute and acknowledgement of the overlordship of Siam. Nevertheless, there was an argument that the bunga mas was simply a sign of friendship and goodwill which in no way compromised Kedah’s sovereignty.
Unwilling to mirror the fate of the Pattani Sultanate, ravaged and dismantled by Siam in 1785, Kedah sought the assistance of a new, more powerful, European protector – the British. Francis Light was scouring the Malay Peninsula, seeking a suitable site for a trade station. In 1785, Light failed to persuade the East India Company (EIC) to acquire Jung Ceylon (Phuket). He then focused on Penang, strategically located at the northern entrance to the Straits of Malacca.
Concealing from the EIC the fact that Kedah was a vassal of Siam’s, Light approached Sultan Abdullah Mukarram Shah in 1786 and entered into a treaty on behalf of the EIC; the agreement allowed Light to settle in Penang, renamed Prince of Wales Island. In return, the EIC undertook to afford Kedah military protection.
This treaty, however, was never honoured as the EIC refused to protect Kedah from subsequent attacks by the Siamese.
Angered, the Sultan attempted to retake Penang in 1790 but before the Kedahans were able to do so, Light launched a surprise attack on Prai and this forced the Sultan to retreat. Helplessly, he unwillingly leased out Penang and subsequently Prai, too – renamed Province Wellesley in 1800 – for a nominal annual payment of 16,000 Spanish dollars. The Penang government to this day pays an honorarium of RM18,800 to the Sultan of Kedah.
Many empires have made vassal states of kingdoms they wished to bring under their control without having to conquer or govern them.
Vassals do not have the status of colonies or annexed states, as vassal states enjoy a certain autonomy in internal affairs.
The 1933 Montevideo Convention on the Rights and Duties of States is based on customary international law and stipulates only sovereign states have the capacity to enter into treaties with another sovereign, and this does not include vassal states.
As the Sultan of Kedah at that point was not a sovereign and was merely a vassal, he had no right to lease Penang to the British. How could the Sultan give away something that did not belong to him?
Conversely, one may argue the Sultan of Kedah was indeed a sovereign and therefore had the capacity to lease Penang to the British.
Nevertheless, Article 26 of the 1969 Vienna Convention on the Law of Treaties, a restatement of customary international law (as this treaty was not in force at the time) mentions: “Treaties are to be upheld in good faith.”
Francis Light never honoured the 1786 treaty between himself and the Sultan of Kedah.
On failing to repossess Penang, the Sultan of Kedah was forced to enter into another treaty in 1791 presiding over the formal taking over of Penang by the British. Obviously, the British exercised undue influence to compel the helpless Sultan, under duress, to give in. Under such circumstances, was the cession valid?
Kedah today is neither vassal of Siam nor British protectorate but is an independent state in the nation of Malaysia. The current Sultan of Kedah, Sultan Abdul Halim Mu’adzam Shah, is also Yang di-Pertuan Agong, the sovereign ruler of the land.
Since independence in 1957, Penang has undergone rapid development, making it one of the most developed states in Malaysia. This is the time to rectify the act of the deceitful Francis Light more than two centuries ago. The return of Penang to Kedah in no way affects Malaysia’s sovereignty.To return or not to return, this is a question to be determined by Kedahans and Penangites.
- See more at: http://www.theantdaily.com/Main/To-return-or-not-to-return-Penang-to-Kedah#sthash.gLjSMoV4.dpufMalaysia has its origin in several pre-colonial kingdoms including those of Srivijaya, Majapahit, Kedah, Melaka, Brunei, Johor and Aceh. Kedah’s is the oldest surviving Malay sultanate, having been established in 630 and being known then as Kadaram.
After the fall of Srivijaya in the 13th century AD, Kedah was made a vassal of stronger regional empires like Majapahit, Melaka and Siam. Kedah was later placed under British protection with the Anglo-Siamese Treaty of 1909.
During the reign of Sultan Abdullah Mukarram Shah, Kedah started to despatch the bunga mas to Siam as tribute and acknowledgement of the overlordship of Siam. Nevertheless, there was an argument that the bunga mas was simply a sign of friendship and goodwill which in no way compromised Kedah’s sovereignty.
Unwilling to mirror the fate of the Pattani Sultanate, ravaged and dismantled by Siam in 1785, Kedah sought the assistance of a new, more powerful, European protector – the British. Francis Light was scouring the Malay Peninsula, seeking a suitable site for a trade station. In 1785, Light failed to persuade the East India Company (EIC) to acquire Jung Ceylon (Phuket). He then focused on Penang, strategically located at the northern entrance to the Straits of Malacca.
Concealing from the EIC the fact that Kedah was a vassal of Siam’s, Light approached Sultan Abdullah Mukarram Shah in 1786 and entered into a treaty on behalf of the EIC; the agreement allowed Light to settle in Penang, renamed Prince of Wales Island. In return, the EIC undertook to afford Kedah military protection.
This treaty, however, was never honoured as the EIC refused to protect Kedah from subsequent attacks by the Siamese.
Angered, the Sultan attempted to retake Penang in 1790 but before the Kedahans were able to do so, Light launched a surprise attack on Prai and this forced the Sultan to retreat. Helplessly, he unwillingly leased out Penang and subsequently Prai, too – renamed Province Wellesley in 1800 – for a nominal annual payment of 16,000 Spanish dollars. The Penang government to this day pays an honorarium of RM18,800 to the Sultan of Kedah.
Many empires have made vassal states of kingdoms they wished to bring under their control without having to conquer or govern them.
Vassals do not have the status of colonies or annexed states, as vassal states enjoy a certain autonomy in internal affairs.
The 1933 Montevideo Convention on the Rights and Duties of States is based on customary international law and stipulates only sovereign states have the capacity to enter into treaties with another sovereign, and this does not include vassal states.
As the Sultan of Kedah at that point was not a sovereign and was merely a vassal, he had no right to lease Penang to the British. How could the Sultan give away something that did not belong to him?
Conversely, one may argue the Sultan of Kedah was indeed a sovereign and therefore had the capacity to lease Penang to the British.
Nevertheless, Article 26 of the 1969 Vienna Convention on the Law of Treaties, a restatement of customary international law (as this treaty was not in force at the time) mentions: “Treaties are to be upheld in good faith.”
Francis Light never honoured the 1786 treaty between himself and the Sultan of Kedah.
On failing to repossess Penang, the Sultan of Kedah was forced to enter into another treaty in 1791 presiding over the formal taking over of Penang by the British. Obviously, the British exercised undue influence to compel the helpless Sultan, under duress, to give in. Under such circumstances, was the cession valid?
Kedah today is neither vassal of Siam nor British protectorate but is an independent state in the nation of Malaysia. The current Sultan of Kedah, Sultan Abdul Halim Mu’adzam Shah, is also Yang di-Pertuan Agong, the sovereign ruler of the land.
Since independence in 1957, Penang has undergone rapid development, making it one of the most developed states in Malaysia. This is the time to rectify the act of the deceitful Francis Light more than two centuries ago. The return of Penang to Kedah in no way affects Malaysia’s sovereignty.To return or not to return, this is a question to be determined by Kedahans and Penangites.
- See more at: http://www.theantdaily.com/Main/To-return-or-not-to-return-Penang-to-Kedah#sthash.gLjSMoV4.dpufWill the two territories be returned to Kedah is no longer the question, said Datuk Dr Wan Shamsuddin Mohd Yusof, chairman of the Kedah branch of the Malaysian Historical Society. The question is “when“, he stressed.
Read More : http://www.nst.com.my/news/2015/10/kedah-eyeing-return-penang
Read More : http://www.nst.com.my/news/2015/10/kedah-eyeing-return-penang