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Malaysian families lose UK fight over 1948 'massacre' Malaysian families lose UK fight over 1948 'massacre'
(about 1 hour later)
A group of Malaysians seeking an inquiry into the 1948 killing of 24 ethnic Chinese villagers by British troops have lost their fight in London's High Court.A group of Malaysians seeking an inquiry into the 1948 killing of 24 ethnic Chinese villagers by British troops have lost their fight in London's High Court.
The High Court agreed earlier this year to review the case surrounding the alleged massacre at Batang Kali.The High Court agreed earlier this year to review the case surrounding the alleged massacre at Batang Kali.
A High Court judge has now upheld the government's decision not to hold a public inquiry. It has now upheld the government's decision not to hold a public inquiry.
A solicitor representing the families said they planned to appeal.
At the time Malaya was part of the British Empire.At the time Malaya was part of the British Empire.
The killings occurred during the so-called Malayan Emergency, a communist-inspired revolt against the British authorities which lasted until the late 1950s.The killings occurred during the so-called Malayan Emergency, a communist-inspired revolt against the British authorities which lasted until the late 1950s.
The British authorities at the time claimed the men were insurgents killed as they tried to escape. The British authorities at the time said the men had been held for questioning about the insurgency and were killed as they tried to escape.
The High Court concluded that decisions taken by Foreign Secretary William Hague and Defence Secretary Philip Hammond not to set up an inquiry were "not unreasonable".
In his ruling Sir John Thomas, president of the Queen's Bench Division of the High Court, sitting with Mr Justice Treacy, said: "In our judgment, the decisions of the secretaries of state were ones that took into account the relevant considerations and were not unreasonable.
"There are no grounds for disturbing their conclusion. In our judgment, they had regard to the relevant factors and weighed them carefully and reached a conclusion which it was plainly open to them to reach."
John Halford, a solicitor representing the relatives of the dead, said: "We are appealing. As long as the injustice remains, the families will be pursuing legal action."John Halford, a solicitor representing the relatives of the dead, said: "We are appealing. As long as the injustice remains, the families will be pursuing legal action."
'Do the right thing'
He called on the government to "do the right thing" and "end the ongoing injustices at the heart of this case".He called on the government to "do the right thing" and "end the ongoing injustices at the heart of this case".
Foreign Secretary William Hague and Defence Secretary Philip Hammond had opposed the families' application, arguing the decision not to hold any form of inquiry was reached lawfully. Uncle shot dead
At a hearing in May, judges heard that British troops were conducting operations against communist insurgents during the "Malayan Emergency" when the plantation workers were killed.At a hearing in May, judges heard that British troops were conducting operations against communist insurgents during the "Malayan Emergency" when the plantation workers were killed.
Relatives described the killings as a "a blot on British colonisation and decolonisation".Relatives described the killings as a "a blot on British colonisation and decolonisation".
The call to look again at events in Malaya under the British Empire came as veterans of the Mau Mau rebellion in Kenya sought to obtain "justice" for alleged mis-treatment by the British colonial authorities in the 1950s. Three of the surviving family members of those who were killed - including two who were present as children when the killings began - attended a press conference in London in May.
Loh Ah Choi, 71, heard his uncle, who was the first to be killed, being shot three times.
"I would like the British government to apologise," said Mr Loh, who was seven at the time.
Missing documents
On 11 and 12 December 1948 a patrol of the Second Battalion of the Scots Guards arrived in Batang Kali, in the Malayan state of Selangor, to tackle communist insurgents.
The court heard there was no dispute that 24 people were killed by the Scots Guards, but the question was how and under what circumstances.
The court was told police and the Attorney General of the Federation of Malaya - a British colony - investigated the killings at the time and concluded that those who were killed were suspected insurgents shot while trying to escape.
But most of the documents relating to that investigation have long since disappeared.
In 1970 the director of public prosecutions asked the Metropolitan Police to investigate Batang Kali after revelations in The People suggesting the 24 had been deliberately executed and a massacre covered up.
The Met's investigation was terminated by the director of public prosecutions who decided there was insufficient evidence to bring a prosecution.
In 1992 a BBC documentary, In Cold Blood, sparked another blaze of publicity but the Crown Prosecution Service again considered there should not be a prosecution.
But the Royal Malaysia Police carried out a fresh investigation between 1993 and 1997 which was then terminated by the Malaysian Attorney General.
Malaysia gained its independence in 1957.