Brunei, Sarawak and the Kota Batu Lands 1903-1917
In 1903, Sir Charles Brooke acquired an estate of 3,500 acres of Kota Batu “stretching from the old consulate site in Brunei town for a distance of perhaps five kilometres down the left bank of the Brunei river. The area was uninhabited except for one small hut.
Kota Batu is of national importance to the Brunei people because of the recently (1985) restored tombs of early Sultans. They are the symbol of the 16th century “Golden Age,” when Brunei was far more extensive than it is today. In the 1950s, archaeologists uncovered evidence which suggests that Kota Batu may have been the site of Brunei’s ancient capital. Kota Batu is now the site of the Brunei Museum.
Around 1867, the Kota Batu estate was conveyed by grants from Sultan Abdul Munin to Inche Muhammed, the British consular agent in Brunei. By 4 August 1882, the old lease had become so dilapidated that a new one was issued.
Inche Muhammed lived on the land until his death in 1890. He left 15 children and Inche Mohsin, his second son, took charge of the property. An advisor to Sultan Hashim, (1885-1906) he embarked on a business, failed, and died, leaving his estate confused.
Muhammed Amin, another son of the former consular, then took over but was deported to Singapore. The remaining heirs, fearing that he would misappropriate their property, deputed Inche Ali, yet another son of Inche Muhammed, to ask Consul Hewitt (1900-1904) to divide the land among them. Mr Hewitt recommended its sale and the division of the proceeds. The remaining heirs agreed.
In November 1903, Mr Hewitt arranged the transfer of the Kota Batu lands to the Rajah for $6,000 Straits dollars. (3 Straits dollars =1 USD). Sir Charles Brook stipulated that the purchase money was to be held in trust and paid to the children at the rate of five dollars per month. They were allowed to continue to use the land which contained their coconut plantations provided they kept them in good order. Finally, no sale or transfer of their plantations was permitted without the consent of the Rajah.
Sultan Hashim protested vigorously about the sale to the new British Counsel. (Mr MSH McArthur). Sir John Anderson the British High Commissioner for Brunei, stationed in Singapore, agreed the former counsel’s action in disposing of the estate was lawful despite the objections of the Sultan who called for an explanation.
When Mr MSH McArthur arrived in Brunei, (May 1904) Sultan Hashim protested bitterly about the sale of the Inche Muhammed estate. Sir John Anderson was inclined to suggest to the Sultan that if he was satisfied the sale was illegal, according to the law of Brunei, he could bring an action in the British Consular court to have the transaction set aside and reclaim possession of the land.
However, Sir John hesitated to give such advice until the British government was prepared that the judgement of the court is enforced if it should be given in favour of the Sultan. The Foreign Office did not want to interfere in the matter unless Mr Hewitts account of what was passed was entirely contradicted.
Mr McArthur reported that Brunei’s feelings were running very high in this matter, and his own enquiries had tended to corroborate Sultan Hashim’s opinion. The Brunei Monarch, he added, was very much aroused against the former counsel and the Rajah Brooke.
Investigation revealed the land was “Crown Land” and could not be sold without the advice of the Sultan, thereby negating the original sale. A glance at the map was another reason for the high feelings. The Rajah’s possession of Kota Batu estate added to the encroachment of Sarawak would” tighten the noose” around Brunei.
Sir William Treacher, whose advice had been sought by the Foreign Office, agreed with the Sultan. He advised that the Rajah should yield up the land or pay compensation to the Brunei monarch and undertake not to disturb the royal tombs and to allow free access to them for Brunei officials.
The Brunei government decided the sale of the land could not be cancelled because of the presumed difficulty of recovering the purchase price from the heirs of Inchee Muhammed and that Sir Charles Brooke would demand compensation for any improvements he has made to the estate. Mr CP Lucas, of the colonial office, suggested that Sultan Hashim should be offered a sum of money and an expression of regret because “it was very desirable not to let him think he had been cheated.”
Sir Charles consented to the Imperial government’s offer to the Sultan of 100 pounds for the alienation of the Kota Batu lands and to give the undertakings of the royal tombs. In March 1905, Sultan Hashim rejected the compensation offer and added, “We are much surprised that anyone should have sold the land belonging to us without informing us before that sale and that anyone should buy land without explanation to us before he bought”.
In May 1905, Mr R.E. Stubbs argued that Sultan Hashim had been “scandalously” treated by Rajah Brooke. He argued that the land had been transferred to him personally and not by the Sarawak government. The land was paid for out of the Sarawak Treasury and, therefore, the land should be returned to Sultan Hashim. In 1906, a British resident was appointed to run the administration of Brunei.
In 1912-1913, the British officials, ignorant of what happened in 1904-1905, sold 143 acres of land to various smallholders. The British Resident of Labuan and Brunei stated that Rajah Brooke had failed to register it as ordered by Mr McArthur in 1905 and that the Rajah had failed to occupy the land to his benefit. Therefore, he had no right to sell the small holdings.
The Rajah blistered back that the seizure of part of his estate as an “extraordinary piece of injustice” and “that he was for war with Brunei on that part”. He also argued that the Kota Batu estate was a gift from the Sultan to Inchee Muhammed back in 1888.
The battle for the land would continue in back and forth in legalize, which included the swap of land for 600 acres on Berembang. This proposal was accepted by Rajah C. Vyner Brooke in 1917, the previous Rajah having died.
In January 1955, the estate was owned by Towkay Cheok Chin Hong, son of the late Towkay Cheok Boon Cheok, the first Dato Temenggong of the Chinese in the capital of Brunei. Previously the estate had been purchased from Pengiran Duman, a member of an old Brunei family. The Dato Temenggong had planned to plant a rubber estate on the property, but because the land was sacred he was prevented from doing so. In 1970 the Brunei government purchased thirty-six acres for the purposes of national heritage as a site for the museum.
From:
AVM Horton Brunei, Sarawak and the Kota Batu Lands 1903-1917 in the Brunei Museum Journal 1985
Our book Early History of the Sarawak River Valley from Early Times to 1840 can be purchased on Amazon.Com
