Malaysia Massacre Fight Goes On (BBC Report)

Wong Kum Sui died last week before the review was announced

Wong Kum Sui died last week before the review was announced

Source: http://news.bbc.co.uk/2/hi/uk_news/8025383.stm

By Robin Brant
BBC Malaysia correspondent

The UK government is to review evidence about a massacre of unarmed Malaysian villagers by British troops in 1948.

At the time, Britain was war weary. But in thick, humid jungle at the end of a peninsula near the equator in South-East Asia, British soldiers still faced fierce fighting.

What was then called Malaya was a crucial source of tin and rubber for Britain’s crumbling empire.

It was on the rubber estates where an uprising was under way.

Some of the ethnic Chinese were angry at increasing unemployment.

They also resented the way they were being treated by the government of a country where they had led a resistance against the Japanese occupying forces.

An insurgency was born.

They were allied to communists in China who were on the brink of victory in a civil war.

They focused their attacks on tin mines and rubber plantations; the engine of the Malayan economy.

Even though we said we were not communists and we had no weapons – they killed one of the young men in cold blood in front of my eyes
Tham Yong Campaigner Continue reading

Batang Kali Massacre: Call for Speedy Resolution

 

Datuk Michael Chong and Quek Ngee Meng showing the Batang Kali Massacre bannerSource: the Sun (Malaysia), 

KUALA LUMPUR (April 29, 2009): Survivors and descendants of 24 tappers killed by the British Army in Batang Kali in 1948 are urging the British government for a speedy resolution to the massacre issue.

 

Lawyer Quek Ngee Meng, representating the Action Committee Condemning the Batang Kali Massacre, told a press conference today that the British Secretary of State had informed them on April 24 that it was reconsidering its earlier decision not to hold an inquiry and requested for a few months to decide.

“This request was not accepted by the oldest survivor Tham Yong and the committee. Justice delayed is justice denied,” he said.

Lawyer Firoz Hussein, who was also present, said that the committee was only seeking justice for the 24 killed.

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新闻稿: 2009年4月29日

英外交部与驻马最高专员曾在1月21日分别致函谭蓉代表律师与工委会,针对要求设立公共调查委员会、道歉及赔偿的请愿,做出拒绝的决定,即英外交部以前两次调查显示没有足够的证据采取刑事提控为由,在缺乏新证据的情况下,英政府不会重新翻案。

 在4月1日,谭蓉代表律师向英外交部与国防部发出的司法行动预告书,控状重点如下:

 1.  英政府决定不进行听证会,调查和补偿的理由是非法及不理智的

 2009年1月21日的官方信件中透露了两个不进行调查的主要原因是,

 第一、“前两次的调查显示没有足够的起诉证据”

第二、“这次也没有呈上任何新的证据”

 我们不认为以上论点在法律上能构成足够理由,同时我们也认为以上论点是非法及不理智的。

 首先,进行公众听证会的目的,不仅仅是为了搜集证据及作出控诉的决定。这从英国2005年听证会法令及过去法庭的判例中可略见一二。在一场听证会中,与普通审讯及案件调查不同的是,除了当事人本身之外,其他受案件影响的社群和受害者的亲属,都能够积极地参与听证会。因此官方在作出是否进行听证会之前,绝对有必要咨询此案受害人的家属。此案的家属们从来没有从律政处和警方获得任何有关调查的报告和结果。 Continue reading

Press Statement In Relation to The UK Government Reconsidering The Action Committee’s Reque

Press Statement In Relation to The UK Government Reconsidering The Action Committee’s Requests (29 April 2009)

1. While the Action Committee Condemning the Batang Kali Massacre welcomes the sensible move made by the UK Secretary of State for Foreign and Secretary of State for Defence to withdraw their 21/1/09 refusal and reconsider the surviving families’ requests for setting up a public inquiry, it is cautious about the relevant authorities may intentionally drag all efforts during the restoration of truth to the detriment of the families.

2. Tham Yong, one of the surviving families, has on 1/4/09 through her lawyers, Bindmans LLP, issued letter before claim to the Secretaries of State stating categorically that the refusal on public inquiry and reparation requests are unlawful for the following reasons:-

a. the explanation for not undertaking an inquiry or further investigation is unlawful and irrational;

b. failure to have due regards to the race relations implications of the decisions;

c. the reasons for the decisions are inadequate; and

d. in the circumstances of the present case, an adequate inquiry and reparation are demanded by the common law to give to customary international law. Continue reading