Not allowed under the “Queen’s peace” rule?

The relatives of those who killed by the British Army in 1948 near Batang Kali, are claiming from the British Government to own up for the shooting of the 24 men.

BBC.com story:

1948 Malayan killings case reaches UK Supreme Court

14 minutes ago
From the section UK

Relatives of the dead men lost a case at the Court of Appeal last year

Relatives of the dead men lost a case at the Court of Appeal last year

Relatives of 24 men killed by British troops in Malaya in 1948 have begun making their case in the UK Supreme Court for a public inquiry.


Five judges are considering whether the UK has a duty under human rights laws to investigate the shooting of villagers at Batang Kali.


The families, who say the men were “massacred”, had their case rejected by the UK Court of Appeal last year.
British forces at the time of the killings said the men were insurgents.


Lawyers for the families argue that Britain has a responsibility to commission an independent inquiry under the European Convention on Human Rights – even though the convention was signed after the incident took place.
BBC legal affairs correspondent Clive Coleman said the case was “extraordinary and very troubling”.
He said the relatives of the 24 men had fought a “six-and-a-half-decade battle to get the case to the highest court in the land”.


Among those attending the Supreme Court proceedings was 78-year-old Madam Lim Ah Yin, who was 11 years old at the time of the killings.


She said: “I want to let them [the judges] know the struggle and hardship that my beloved mother suffered after the death of my dad during the massacre.”


The families’ solicitor, John Halford, said those killed were “British subjects living in a British Protected State”.
“They and their families have a right to meaningful British justice.”


Last year, the Court of Appeal heard that at least three of the soldiers who were on patrol and at least five villagers who were at Batang Kali were still alive.


They were told oral evidence from living witnesses, including soldiers and the appellants, would be available to an inquiry.
line


What is the case about?

Last year relatives said their “journey to seek redress and justice has not come to an end”

On 11 and 12 December 1948 – when Malaya was still a British colony – 24 villagers were killed by a platoon of Scots Guards during a raid at Batang Kali.


The men were Chinese migrant workers suspected by the British of helping rebels during the Malayan Emergency – a conflict between communist guerrillas and British and Commonwealth forces, which lasted 12 years.
An investigation at the time cleared the soldiers of wrongdoing, but in 1970 some of the soldiers said the villagers had been executed.


In the 1990s, authorities in Malaysia opened an investigation, but it was halted before a conclusion was reached.
There have been numerous calls for a public inquiry – all of which have been rejected by the UK.
line


‘Deeply regrettable’
Giving last year’s Court of Appeal’s ruling, Lord Justice Maurice Kay said it was alleged that 24 civilians were “executed without any justification, and that the authorities thereafter have either covered up what occurred or have been reluctant to take the necessary steps to enable the truth – whatever it may be – to be revealed”.


He added: “This has never been accepted by the British authorities, who have maintained that the deceased were shot while they were attempting to escape.”


Michael Fordham QC, representing relatives, said that what happened in 1948 remained a “hugely significant and unresolved instance of human rights abuse”.


He told the court that, despite the passage of time, it was still worthwhile for “historic wrongs” to be investigated.
The judges acknowledged that the original investigation into the killings had been “woefully inadequate”, and said it was “probable” the relatives’ case would succeed in the European Court of Human Rights in Strasbourg.


In 2012, a UK government spokesman called the 1948 incident “deeply regrettable” but said a public inquiry “would not be able to reach any credible conclusions given the length of time passed”.

*****************

It is thought that all responsible or had first hand knowledge of this bloody incident are no longer alive. Hence, no one is unable to come forth, to testify if there is any inquiry or tribunal.

This include if any of these men of G platoon, 2nd Scots Guard who rounded up Chinese villagemen in a plantation near Batang Kali Selangor on 12 December 1948, who believed they acted under the “Queen’s Peace” rule.

After all, the British and Commonwealth Forces were present in Malaya were in a state of war, despite it wasn’t declared as a ‘war’.

Malayan Communist Party, whose members are the Malayan People’s Liberation Army and predominantly of Chinese ethnicity, continued the struggle of an armed rebellion as terrorists despite Japanese Imperial Army surrender on 15 August 1945.

They were initially armed by British commandoes at the start of World War II as part of the resistance group in Malaya, during the Japanese occupation (8 December 1941 – 15 August 1945).

A quarter of million dollars bounty for Chin

A quarter of million dollars bounty for Chin “Butcher of Malaya” Peng, from a 1950s Straits Time headline

On 16 June 1948, these rebels killed three British planters in Sungai Siput, Perak and the British government administering Malaya summarily declared the whole peninsular under a state of emergency.

They terrorised the common people, paralysed infrastructure, destroyed amenities and this adversely affected economy. Rubber trees in plantations were hacked, factories, smokehouses and dredges were attacked and destroyed.

War is a tragedy. The man who started and led this armed rebellion to begin with and for over 42 years, has too died since.

The attempt to absolve this case in the name of human rights should also be extended to the other over 10,000 souls perished as the result of brutality caused by the armed rebellion of MCP. Mr Fordham QC should consider this larger lot as well.

Published in: on April 22, 2015 at 23:59  Comments (12)  

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  1. That woman taking the case up to the British court said the British soldiers were demanding information about the communist terrorists from the villagers during the time of the alleged shootings.

    Throughout the period of the communist insurgency in Malaya, there have been many cases of the “communist sympathisers” harbouring the terrorists, providing the enemy not only food and medicine, also information on movements of Government security forces.

    Stories abound and hard facts of the communist terrorist atrocities, cruel killings, burning of houses and buildings, physically slashing of rubber trees, and even torture, have been recorded in the archives.

    Hate and contempt for the communist terrorists and no sympathy for the sympathisers who deliberately helped them.

  2. Lawyers for the British government argued that responsibility for atoning wrongs (if any) done during the communist insurgency passed to the Malayan Government on independence.

    I support that argument. And say that asking for a public inquiry at this late day and age serves no useful purpose.

    Those who will not let go of events of 70 years ago, however bitter they may feel, are of the hardcore communist and DAP type. Yet Lim Kit Siang spoke for the bloody communist terrorist leader Chin Peng be allowed to enter this country – the bloke was not a citizen, applied but did not attend the interview for language proficiency etc.

    A bastard who was never remorseful, never apologized for his cruel and destructive deeds and never renounced his communist belief until death. Good that the Police refused entry even of his ashes after his death.

  3. Shud hv shot more Ah Peks…
    Troublesome.

    Penyu

  4. Why such a long lapse?

    Are they being exploited for today’s political ends?

  5. Lets call upon families of the 10,000 including families of the slain IGP and members of the police force lay a claim to any traceable descendants , families or relatives of Chin Peng and his MCP cadres.
    We may never know that many decendants and relatives of MCP members may have actually benefitted and become successful and wealthy from the peace and prosperity of this nation brought upon by the sacrifices of those slain and totured during the emergency.

    • Support that call.

  6. Maybe only in recent times the Mak Cik found 1-2 relatives resident in UK where she can tumpang board and lodging and tried her luck.

    My quick read of the above reports did not show she or any other of the so-called witnesses actually seeing the shooting of those people.

  7. Very clear, loud and clear, those Malayan communist terrorists, their supporters and sympathizers cannot be given any opportunity to gloat over any misadventures of the security forces, even if deemed having occurred.

    They, like bloody Hitler and the Nazi goons, must be treated with ignonimity (is there such a word? – trying to impress the fellow Rheumatist, hehe), records of their misdeeds chucked into the dungeons of utter shame, regret and condemnation until posterity.

    Were the Ah Soh and other “witnesses”, those killed and their families part of the communist terrorists’ supporters and sympathisers? Any doubts on those, I’d favour the security forces any time.

    That occasion was the British forces’ involvement. Most other occasions, and especially after the British left, those fighting and risking their lives against the damn communist terrorists were our young men.

  8. Please excuse this not-in-topic advert – those interested in Tun Dr Mahathir’s opinion that only less than half of the RM42 billion of 1MDB debts are accounted for, pls visit Chedet blogspot now.

  9. “The increased risk of prosecution constrains the ability of commanders to respond to fast-moving situations on the battlefield. This could lead to a generation of risk-averse military leaders, which undermines the world-class status of our armed forces.”

    “The military is neither above nor exempt from the law, but war demands different norms and laws than the rest of human activity.”

    Extract of from letter jointly signed by:

    – Field Marshal Lord Guthrie of Craigiebank, Chief of the Defense Staff 1997-2001;
    – Admiral of the Fleet Lord Boyce of Pimlico, Chief of the Defense Staff 2001-03;
    – Field Marshal Lord Walker of Aldringham, Chief of the Defense Staff 2003-06;
    – Marshal of the Royal Air Force Lord Stirrup of Marylebone, Chief of the Defense Staff 2006-10;
    – General Lord Richards of Herstmonceux, Chief of the Defense Staff 2010-13.

    “The British military is now thoroughly entangled in the net of human rights law – often to the benefit of our country’s adversaries.”

    – Policy Exchange, a leading European think tank.

    We may not agree entirely with the Brits. But lets not forget that they shed blood defending this country from the scourge of communism. While there is attempt to hold the soldiers responsible for the purported/claimed extra-judicial killings, who will account for the atrocities committed by the terrorist, Chin Peng and his stooges? Which court? which judges? By the way, who is our adversary? is it the Brits that we fought alongside or the communist who, with their Min Yuen blatantly kills and maimed thousands?

    • Well argued, Sir!

      These commies are brutal criminals. Nothing more!

      They don’t fight by any convention or principles. They are saddistic murderers who were attempting to grab power by bastardising the words and concept of ‘struggle’ and ‘independence’.

      Had they gotten power, they would still brutalise many common people. And for all the fabricated wrong reasons!

      Funny how those “murdered by the Scots” are conveniently Chinese men. None were Malay!

      What is even funnier is that the Brits never rounded up the Malays in any of the kampungs and shot them. Even a terrorist like Mat Indera was captured alive, tried and sent to the gallows.

      How did the Malays manage to secure an independence?

      They used the process of democracy and negotiated with the Brits on a table in Whitehall. Not a single drop of blood was shed!

  10. These people who will not move on but drag their resentment against perceived brutality by the security forces many decades ago to their graves, and even their subsequent generation dragging it to theirs, are a different breed.

    Their perception is based on one daughter seeing the father being dragged away and hearing shots fired later on. The body, together with others, were discovered in the rubber small holding also later on. There was no actual witness of the shooting.

    Yet those descendants and relatives of the Police personnel who died at the hands of communist terrorist Mat Indera and his gang during the shooting and burning down of the Bukit Kepong Muar Police Station in the same time frame had not made any endless calls for inquiry or apology.

    That endlessly demanding breed are aplenty in our society. They gravitate towards the DAP who have been making all sorts of unreasonable demands since party formation. Never grateful for the citizenship right the Malays have agreed for them, who had been stateless in this country for 150 years, demanding equality without even simultaneously acknowledging the Special Position of the Malays and the Bumiputeras of Sabah and Sarawak as enshrined in Article 153 of the Constitution.

    They need to be periodically told to be reasonable, accept the laws and the conditions prevailing in the country from time to time, respect and live fully by the Constitution of the country otherwise migrate to countries whose Constitution they can respect and whose conditions they like.


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