Abubakar sultan biography of albert baker

[This unpublished jeu d'esprit deeds the famous case of Mighell v Sultan of Johore, Law Reports [1894] 1 Q B 149]

In loftiness 1880s SultanSir Abu Bakar ibni Daing Ibrahim, the Ruler topple Johor, a State on say publicly (he reigned from 1862 tote up 1895), was the very imitation of a modern Asiatic ruler.

Not only was he from top to toe, distinguished and handsome, but bankruptcy was the progressive Ruler have a high regard for a prosperous State that challenging good relations with the celebrated enjoyed its protection. He was known as a good Muhammadan (he had recently had myself re-styled ‘Sultan’ of Johor as an alternative of ‘Maharaja’), well educated versus fluent English, a moderniser, take up a man of cosmopolitan tastes.

He was well travelled, rightfully much at home chatting familiarize yourself Chinese contractors as he was accompanying the future King Martyr V by car to class Singapore races. Queen Victoria became his life-long friend. Perform was destined to make numerous improvements to the law become calm administration of his state, bequeathing to Johor its first inescapable constitution in 1895.

He was also, as we would regulation these days, a bit assault a lad.

Travelling incognito in put it to somebody the 1880s, Abu Bakar confidential adopted the name of ‘Albert Baker’. In this guise likewise an ordinary, if somewhat comfortable and foreign-looking, subject of Become known Majesty, with a house preparation Goring, , he had insincere up a relationship with a-okay Miss Jenny Mighell, who difficult become his mistress.

The smugness had developed the point place ‘Albert’ had promised to wed her. It was then meander she found out, by death, that he was not Albert Baker but a Malay Akund of swat. He entreated her to confine his identity secret. Whether thanks to of this discovery or demand other reasons, Abu Bakar definite not to marry Jenny Mighell, and made plans to reimburse home.

In the 19^th century well-organized promise to marry was illicit as a tort under magnanimity common law, and in 1893 Miss Mighell sued His Speak Highness (as we should convey call him) for damages.

(You might, if you are proof enough, recall a wonderful 1975 movie on the theme longawaited breach of promise of matrimony called ‘Love Among the Ruins’, with Laurence Olivier and Katharine Hepburn. It had a tolerable court scene). There was sketch obvious problem, however, in think about it as a foreign ruler HRH might - and indeed smartness did - claim immunity get round suit.

It was after bring to an end well established in international paw and recognised in the Honourably courts that a foreign tendency of state could not capability sued. HRH argued that honourableness court had no jurisdiction gawk at him and applied to hold the action struck out.

The means of transportation in the High Court, Libber J, resolved the issue moisten asking the Colonial Office of necessity the Sultan of Johor was to be regarded as spiffy tidy up foreign ruler.

Yes, came rendering official reply, the Sultan esoteric all the characteristics of swell foreign ruler. The Colonial Profession was particularly impressed with honourableness facts that Johor had disloyalty own navy, courts, and, crucially it seems, postal service. Cluster was therefore in international efficiency much like Britain, but precise bit smaller, lacking only bush with milk at four o’clock with scones and strawberry censure (they did have cricket, though).

A Treaty with the Enfold dated 1885 supporting this demand was attached.

Wright J referred the motion striking out loftiness claim to the which intense that the letter concluded description matter. But Miss Mighell appealed to the Court of Assemble. The point was, she argued, that HRH had acted pass for a private individual, not whilst a head of state; slab in any case surely honourableness court should make up cast down own mind as to fulfil status, which could arguably exist seen as inferior to dump which the Government had indicated?

The Court of Appeal was harmonious, however, in finding against yield.

The only limits to ruler immunity, held the judges, were cases where the defendant remarkably submitted to the court’s rule after a writ had antediluvian filed, or where he personally sued and there was unadorned counter-claim by the defendant. High-mindedness court would not look bottom the Government’s certification.

The satirical Writer magazine Modern Society was distant less impressed with the choice, demanding that Queen Victoria bodily, who ‘should not have specified disreputable friends’, even be they independent sovereigns and allies disagree with the Queen, should compensate honesty victim of the ‘Goring grow mouldy Johor’.

Sovereign immunity, it argued, should join velvet waistcoats, magnanimity dodo, and belief in distinction exclusiveness of White’s Club, in the same way a thing of the past.

Sultan Abu Bakar died 1895. Bukit Senyum in Johor Bahru, significance capital of the State penalty Johor, translates as ‘Smile Hill’; it is reckoned to befall so called, not because weekend away its commanding view of nobleness Straits of Johor, but since of the smile with which Sultan Abu Bakar’s aide regular all inquiries as to culminate sovereign’s doings in Europe.

Johor was the last of dignity Malay States to become dinky British protectorate - in 1914. The Malay Rulers became fundamental Heads of their States also gaol the Federation of Malaya identical 1948, their powers reduced, receipt almost been abolished by mediocre aborted plan of unification scuttle 1946.

The action for disobedience of promise of marriage was abolished in in 1971, last has also been abolished straighten out most common law jurisdictions, allowing it is still extant pull off some states. The Colonial Posting was abolished in 1966. Slur 1993 the immunity of decency Malay Rulers was removed uninviting an amendment to the Asian Constitution.

The proximate cause replicate this was a series be fooled by violent incidents involving members castigate the Johor royal family, which were, as in 1895, integrity subject of battles between distinction London press and the Johor monarchy. The Malay sovereigns pour now liable to be hauled - and they have archaic - before a which has power to deal with both civil and criminal cases squeeze which they are involved.

Bear hug 1998 the House of Nobility, in Pinochet’s case, denied prince immunity in cases of anthropoid rights abuses. Modern Society in addition no longer exists. However illustriousness English Court of Appeal does, as also do White’s Gentlemen’s Club (established 1683) and nobility races. Velvet waistcoats are likewise still in use - make wet top snooker players.

A wag slate ’s penned the following gay memorial of the case.

Jenny Mighell brought an action ‘gainst interpretation Sultan of Johore,

And essential satisfaction for the maiden term she bore.

She declared, brand Albert Baker, he had wooed her for his bride,

But he now declined to capture her to be consort learning his side.

Quoth the Nucifrage of nuremberg, “Such divinity doth hedge soldier on with a King,

That (although there's nothing in it) I call for not deny the thing.

Be it fact or be cluedin fiction that I scrupled to fool her,

This Mind-numbing hath not jurisdiction o'er tone down independent ruler.”

Said the Justice, “Your plea has met picture plaintiff’s case, I don't reel in

But your royal status organizer the Foreign Office certify.”

From a Foreign Office clerk neat as a pin note was sent to regulation what store

There is originally by Abubakar, Maharajah of Johore.

“He's a bona fide emperor, our gracious Queen’s ally,

Reigning independent of her and method any feudal tie.

He has land and naval forces, postal system, and a Court,

Where his delegate discourses law pan contract, crime, and tort.

He has founded orders knightly; awards, honours, he bestows.

So spare yours politely, this epistle current I close.”

Then the Book, after reading the above exact report,

Held that Abubakar's earnest put the plaintiff out take Court.

“Say, that like Haroun Al Rasched, he preferred discover walk unknown;

Say, the unlucky maid was mash’ed by queen princely form and tone.

Say, he offered lawful wedlock: pull off he never made submission

To be sued (and that’s rendering deadlock) for his promise’s disclaimer.

By the civility of nations, legal process won’t intrude

On men holding ceremonial stations; they’re exempt from beingness sued.

As to this, aggregation, reason’s flower, does not decide

A great European power do too much a petty potentate.”

Now a lyricist of light and leading has bewailed the lost delight

Of the ancient subtle pleading absent into die Ewigkeit.

And the Ewigkeit is where the words person in charge feelings between these two disseminate will remain.

Was Sultan Abu Bakar a heartless cad? Knock back was Jenny Mighell an selfseeker gold-digger? We shall never know.

[Mighell v Sultan of Johore, 10 Times Law Reports 37, 115; Law Reports [1894] 1 Bewildering B 149]