London High Court Blocks Inquiry Into the 1948 Killing of 24 Malaysians

By Karen Diep
Impunity Watch Reporter, Asia

Yesterday, London’s high court thwarted an inquiry into the killings of 24 unarmed Malayan rubber plantation workers in 1948.

Relatives of fallen victims. (Photo Courtesy of The Guardian)

With the support of over 568 Malaysian groups comprised of schools, temples, and professional groups, relatives of the fallen victims requested the court to launch an inquiry into the 1948 killings.  As a result, this past May, London’s High Court heard their case.

According to Reuters, at the time, officials reported the killing as an operation against anti-communist insurgents or supports attempting to escape.  However, in 1970, soldiers formerly involved admitted to a British newspaper that the killings were in fact pre-meditated.  The soldiers were allegedly ordered to cover the truth.

Sir John Thomas, the president of the Queen’s Bench division, and Justice Treacy rejected the government’s argument that treaties in effect at the time, transferred responsibility to Malaysia.  However, the London’s court rejected the claimants’ argument that the government had a legal duty to hold an inquiry; however,  laimants’ counsel, John Halford, anticipates appealing this decision.

“There is evidence that supports a deliberate execution of the 24 civilians at Batang Kali,” read Tuesday’s judgment.  “The first matter in relation to the purpose of inquiry is to consider whether it can establish the facts.  There are obviously enormous difficulties in conducting an inquiry into a matter that happened over 63 years ago.  Most of the contemporary documents are missing and most of those who were engaged are dead.  Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate.”

“Many of the shameful events at Batang Kali have been firmly established, as has the UK’s ongoing legal responsibility for them,” voiced Mr. Halford.  “If ministers can find the moral courage within themselves to address it, they can do so immediately.  If they fail to act decisively to end the ongoing injustices at the heart of this case, the survivors and families of the Batang Kali massacre will continue to pursue legal action and complete the work this court has begun.”

The Scots Guard beheaded claimant Lim Kok’s father.  “Though the court found the government did not need to hold an inquiry on technical grounds, the fact is that the Scots Guards shot innocent civilians, my father included,” shared Mr. Kok to the Guardian.

Chong Koon Yin’s father Chong Voon suffered the same fate.  “The truth has not been fully revealed.  Without a proper inquiry or a proper acceptance of fault, the government held legally responsible for the killing remains unaccountable.”

For further information, please see:

The Guardian – Relatives lose court case for inquiry in to 1948 Malaya ‘massacre’ – 04 Sept. 2012

The Independent – Judges block 1948 Malaya ‘massacre’ probe – 04 Sept. 2012

Reuters – Britain held responsible for 1948 mass killing in Malaya – 04 Sept. 2012

BBC – British ‘massacre’ in Malaya in 1948 to be reviewed – 08 Sept. 2011

Author: Impunity Watch Archive