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Showing posts with label Malayan Emergency. Show all posts
Showing posts with label Malayan Emergency. Show all posts

Sunday, September 29, 2013

Flawed perception remembering Heroes and Zeroes

Yuen, a Special Branch officer, spent most of his time being hunted down by the communists and was even shot in the chest. 

Remembering heroes and villains 

There is a flawed perception that the fight against the CPM was a battle only between the Chinese-dominated movement and the Malay-majority soldiers and police. Many innocent Chinese lives were also taken by the CPM.

THIS is not another comment about Chin Peng but a reflection on how two Special Branch officers, both of Chinese descent, fought against him. It is also a timely reminder to many of us who have not heard about them, or simply forgotten about these heroes in our midst.

It is also about the thousands of Chinese civilians who lost their lives because of the Communist Party of Malaya (CPM), a reality which many have forgotten or, worse, chosen to ignore.

There is a terribly flawed perception that the fight against the CPM was simply a bitter battle between the Chinese-dominated movement and the Malay-majority soldiers and police.

The two Malaysians who dedicated their lives to fighting the communists were the late Tan Sri Too Chee Chew, or better known as CC Too to his Special Branch colleagues; and Aloysius Chin, the former Senior Assistant Commissioner of Police and Deputy Director of Special Branch (Operations) at Bukit Aman.

Too was highly regarded as the master of psychological warfare and counter-insurgency and his deep knowledge of the CPM helped the authorities to fight the guerrillas. In fact, he was widely acknowledged as one of the world’s top experts on psy-war as head of Bukit Aman’s psychological warfare desk from 1956 to 1983.

In the words of his long-time friend, Lim Cheng Leng, who wrote his biography, “CC Too could read the communist mind like a communist.”

The web of intrigue of how friends can become foes is exemplified in Too’s relationship with Kuantan-born Eu Chooi Yip, the communist mastermind in Singapore. Eu was Too’s special friend and Raffles College mate, but the two ended up as foes in different arenas.

Aloysius Chin also dedicated his life to fight the CPM and I had the privilege of meeting Chin, who wrote the book The Communist Party of Malaya: The Inside Story, which reveals the various tactics used by the CPM during different periods in their attempts to overthrow the government.

Malaysians have never had much fondness for serious history books. Worse, their views of historic events are often shaped by the movies they have watched.

Unfortunately, movie producers, armed with what is called poetic licence, often dramatise events to make their movies much more interesting.

Who can fault them as they have to sell their movies?

But we really need to read up more about the events during the Emergency era, especially the assassinations of Special Branch personnel and the many ordinary policemen, who were mostly Chinese.

The CPM’s biggest hatred was directed at the Chinese policemen, who were regarded as “running dogs” as far as Chin Peng was concerned.

The reality was that these Chinese policemen were the biggest fear of the CPM as many had sacrificed their lives to infiltrate the movement, posing as communists in the jungle.

It would have been impossible for the Malay policemen to pose as CPM fighters, even if there were senior Malay CPM leaders, because of the predominantly Chinese make-up of the guerrillas. It was these dedicated Chinese officers who bravely gave up their lives for the nation.

Between 1974 and 1978 alone, at least 23 Chinese SB officers were shot and killed by the CPM, according to reports.

In one instance, a Chinese police clerk attached to the Special Branch in Kuala Lumpur was mistaken for an officer and was shot on his way home.

The CPM targets included a number of Chinese informers, who provided crucial information, as well as Chinese civilians.

One recorded case which showed how cruel the communists could be was the murder of the pregnant wife of a Special Branch Chinese officer at Jalan Imbi as the couple walked out of a restaurant.

This was the work of Chin Peng’s mobile hit squads. The assassination of the Perak CPO Tan Sri Koo Chong Kong on Nov 13, 1975, in Ipoh was carried out by two CPM killers from the 1st Mobile Squad who posed as students, wearing white school uniforms, near the Anderson School.

Other members of the same squad went to Singapore in 1976, shortly before Chinese New Year, in an attempt to kill the republic’s commissioner of police, Tan Sri Tan Teik Khim, but they were nabbed.

Another notable figure in our Malaysian history is Tan Sri Yuen Yuet Leng, a former Special Branch officer who spent most of his life being hunted down by the communists during and after the Emergency years, as one news report described him.

Yuen was shot in the chest in Grik back in 1951 in an encounter with the CPM and the communists even tried to kidnap his daughter while he was Perak police chief, so much so he had to send her to the United Kingdom in the 1970s for her safety.

Their top targets included former IGP Tan Sri Abdul Rahman Hashim who was killed in 1974 and the Chief of the Armed Forces Staff Tan Sri Ibrahim Ismail who faced three attempts to kill him.

The CPM targets also included many active grassroots MCA leaders. After all, at the Baling talks in 1955, the government side was represented by Tunku Abdul Rahman, David Marshall, the Chief Minister of Singapore, and Sir Tan Cheng Lock of the MCA. The CPM was represented by Chin Peng, Chen Tian, and Abdul Rashid Maidin.

The talks broke down after two days – the deadlock was simple with Chin Peng wanting legal recognition for the CPM while the Government demanded the dissolution of the CPM, or, in short, their surrender.

In a research paper, Dr Cheah Boon Kheng wrote that as of June 1957, “a total of 1,700 Chinese civilians were killed against 318 Malays, 226 Indians, 106 Europeans, 69 aborigines and 37 others.”

At the end of the Emergency, the final toll was as follows – 1,865 in the security forces killed and 2,560 wounded, 4,000 civilians killed and 800 missing, and 1,346 in the police force killed and 1,601 wounded.

The figures, quoted by Dr Cheah, a renowned CPM expert, were taken from Brian Stewart’s Smashing Terrorism in Malayan Emergency.

The fact is this – many innocent Chinese lives were taken by the CPM, and the killings continued even after the Emergency ended in 1960.

Anthony Short, in his book The Communist Insurrection in Malaya, 1948-1960, also wrote that the Chinese civilians suffered the highest casualties in the fight with the CPM.

At Chin Peng’s funeral wake in Bangkok, some of his old comrades put on a brave front to say they fought for revolution.

But they must have been let down by China, which they looked up to, because in the end, it was Beijing which first down-graded its ties with CPM and eventually stopped funding them entirely when it forged diplomatic relations with Kuala Lumpur.

And today, China is a communist nation in name only as its elites and people openly flout their wealth and compete for the trappings of a capitalistic society along with its ills, including corruption.

The CPM said they wanted to fight the Japanese and the British but in the end, faced with the resistance of the Malay majority, the people they killed the most were Chinese civilians and the policemen.

And let us not also forget the indigenous people of the peninsula, Sabah and Sarawak who served in the security forces and were renowned for their jungle tracking skills. They too suffered many casualties.

Among our forgotten heroes are some who were awarded the highest bravery awards. The point here is that all laid down their lives for the country as Malaysians.

These are the facts of history. There’s no need to be bleary-eyed because, in the end, we should let the realities and the facts sink in.

Comment contributed by  WONG CHUN WAI \

Related Posts:
Chin Peng, a hero or zero?

Sunday, September 22, 2013

Chin Peng’s Farewell: A Letter to Comrades and Compatriots

My dear comrades, my dear compatriots,

When you read this letter, I am no more in this world.It was my original intention to pass away quietly and let my relatives handle the funeral matters in private. However, the repercussions of erroneous media reports of me in critical condition during October 2011, had persuaded me that leaving behind such a letter is desirable.

Ever since I joined the Communist Party of Malaya and eventually became its secretary-general, I have given both my spiritual and physical self in the service of the cause that my party represented, that is, to fight for a fairer and better society based on socialist ideals. Now with my passing away, it is time that my body be returned to my family.

I draw immense comfort in the fact that my two children are willing to take care of me, a father who could not give them family love, warmth and protection ever since their birth. I could only return my love to them after I had relinquished my political and public duties, ironically only at a time when I have no more life left to give to them as a father.

It was regrettable that I had to be introduced to them well advanced in their adulthood as a stranger. I have no right to ask them to understand, nor to forgive. They have no choice but to face this harsh reality. Like families of many martyrs and comrades, they too have to endure hardship and suffering not out of their own doing, but out of a consequence of our decision to challenge the cruel forces in the society which we sought to change.

It is most unfortunate that I couldn’t, after all, pay my last respects to my parents buried in hometown of Sitiawan (in Perak), nor could I set foot on the beloved motherland that my comrades and I had fought so hard for against the aggressors and colonialists.

chinpeng01My comrades and I had dedicated our lives to a political cause that we believed in and had to pay whatever price there was as a result. Whatever consequences on ourselves, our family and the society, we would accept with serenity.

In the final analysis, I wish to be remembered simply as a good man who could tell the world that he had dared to spend his entire life in pursuit of his own ideals to create a better world for his people.

It is irrelevant whether I succeeded or failed, at least I did what I did. Hopefully the path I had walked on would be followed and improved upon by the young after me. It is my conviction that the flames of social justice and humanity will never die. – September 21, 2013.

* Chin Peng died at hospital in Bangkok on Malaysia Day, September 16, 2013 at the age of 89. This is his final letter to his comrades and compatriots published in his memorial booklet.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.


DM latest3MY COMMENT: My views on the status of the late Chin Peng are well known. I think his remains should be brought home and his wish to be interred with his parents should be granted. It is not being magnanimous but about honouring our treaty obligations. 

I therefore compliment the former Inspector-General of Police Tan Sri Rahim Noor for standing up for the rights of Chin Peng under the 1989 Hatyai Peace Agreement between the Malaysian Government and the Communist Party of Malaya (CPM). On the other hand, former Prime Minister Tun Dr. Mahathir under whose administration the peace deal was signed did not make any comment on the Chin Peng matter. I suppose it is convenient for him not speak on this issue since his son, Dato Mukhriz, has entered the race for UMNO Vice Presidency.
 
Now that Chin Peng is dead, his cremated remains should be brought home to be buried beside his parents. This is not about politics. It is the most honorable and decent thing to do. We must also learn to accept our history, and recognise that Chin Peng fought the Japanese and British imperialists, although we may not accept his ideology and methods. More importantly, when our government signed that peace treaty, we accepted him and his comrades as non-combatants and partners in peace.
 
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Yes, many lives were lost during the Emergency (1948-1960). Armed conflicts cost lives. The United States lost 55,000 soldiers and Vietnam many times more. But once the Americans and the Vietnamese signed the Paris Peace agreement,  they began the process of rebuilding their relations, and today both former combatants are working together to advance their common interests. Reconciliation is possible only if we can come to terms with our past and learn the lessons of our history.–Din Merican

Related posts:
Chin Peng's remains couldn't be interred in his Sitiawan hometown to be cremated in Bangkok instead 

Time to leave the CPM era behind; Chin Peng, CPM no longer Enemy No. 1


The death of Chin Peng has created a buzz about the relevance of the Red spectre in Malaysia, especially among Malaysian Gen Yers. 

IT has been an educational week for finance manager Rita Wong* as she tried to find the answers for her 10-year-old son’s questions.

“He’s always curious and this week it has been all about Chin Peng,” Wong relates. “‘Who is he, mum; why can’t he come home; why do we have to be scared of his ashes?’”

Wong, a 40-something working mother, says she has had to recall her history lessons in school but even then “most of the answers he is asking for are hard to give as I don’t really understand it myself.”

Chin Peng, the Malayan-born guerilla who led a fierce Communist insurgency against the British in the peninsula after World War Two, and later against the government after independence, died early last week after living in exile in Thailand for more than two decades. He had fought alongside the British during the Japanese military occupation, but had started a fight to establish an independent Communist state here in 1948.

Thousands were reportedly killed during the insurgency, tagged by the British administration as the Malayan Emergency, that lasted until 1960.

Hence, even in death, his name still evokes much bitterness in Malaysia, as seen during the week in the media and social media network.

“I can never forgive him because the Communists killed my grandfathers and uncles,” says a marketing manager in his 30s.

But for over 80% of the Malaysian population aged below 55 (some 25,610,000 Malaysians) who would have been in their diapers or not born when the Emergency ended, Chin Peng remains a distant grandfather story or, at the most, an answer to an examination question.

With his death, many are saying it’s time to also put the CPM ghost to rest, as can be seen in the comments in cyber space.

“Does Chin Peng’s death really matter?” writes secondary school student Tianqian Tong. “I thought he had died for years actually...”

Like many young people, Tong does not see Chin Peng and communism as a security threat any more.

“Chin Peng and the CPM are in the past, not in the present, neither will they be in the future. We are now free and independent,” notes Tong.

“Anyway, history is a lesson for the future – every single thing will be remembered. It will be good for us to learn that ‘In the practice of tolerance, one’s enemy is the best teacher’.”

A number of the comments in cyber space are also quite light-hearted and related to a topic that’s very popular among Gen Yers these days.

“His ashes could spread around the country and invade the body of every Malaysian. This could be worse than an alien invasion ...” says one in a long line of zombie jokes about the “Chin Peng ashes – to return or not to return” debate.

A budding entrepreneur who only wants to be known as Amin admits that he finds the issue a tad confusing. “We all now want to ‘make friends’ with communist China and break into their market,” he observes.

Chin Peng and the CPM have not been a valid bogeyman for a long time, local theatre director and lecturer Mark Teh says.

“Bogeymen are ghosts or phantoms. The reason we have them is to create an irrational fear in people,” he opines.

For many young people, the Emergency and communists are lumped together with the Japanese Occupation and fight for indepen­dence under the topic of “War in History”, Teh points out.

“Many do not know the difference. But it is not completely their fault that they are confused. It’s because the history books present it in a sketchy manner. It is presented in a linear way that does not add up sometimes and discussions are not encouraged.”

This may have led to a thirst for information on communism among some, but not to the point where they want to stage a revolution, he adds.

“They are intrigued by it because of the gaps in history but I don’t think they are interested in the ideology or to embrace communism.”

Teh, who used to teach Culture and Society in Malaysia, had organised an “Emergency Festival” with a loose collective of young artists in 2008 to mark the 60th anniversary of the insurgency.

It was an attempt to re-examine the documents, images and narratives of the Malaysian Emergency from the younger generation’s perspective, he explains.

“We saw many students participate because they wanted to create alternative spaces for themselves and answer the questions they have about this part of Malaysian history.”

Teh feels this is the underlying issue in the debate on Chin Peng and the CPM’s role in the struggle for independence.

“The argument is contemporary because it is really about people fighting for their own version of Malaysia now – and they are reclaiming a past, whether it includes the CPM, Chin Peng or a past that excludes their contribution or labels them only as terrorist,” he says.

Writer Zedeck Siew, in his 20s, agrees, saying that any interest in communism among the young is mainly due to the suppression of communism’s place in history.

“In the classroom, we had the impression of the communist as an evil, grimacing Chinese fellow creeping through the jungle, killing cops and citizens. People have realised that this is not a complete picture.

“Those who want to learn about the CPM and Chin Peng are merely trying to find out more about the country’s past,” he reasons.

Crucially, interest does not equal participation, he stresses. “Frankly, I just can’t see my peers leaving their iPad, artisanal cupcakes and comfortable suburban warrens to join a people’s Armed Struggle and subsist on rations.”

Women rights activist Smita E concurs, saying that young people now seem to be largely anti-ideological. “I base this statement on my observation that people don’t read enough and don’t have time to read big books and think big thoughts.”

What is true, however, is that young people are starved for local histories, she adds. “It’s about alternative histories, not communism per se.”

Postgraduate student Ahmad Z also feels ideology rarely survives these days. “The grand narrative is history, though I believe young people see communism as a symbolic representation of change.

“If there is a resurgence in interest, it is a romantic interest of communism in Malaysia but not in the sense that people are trying to revive it and to suddenly pick up arms,” he says.

Putting the academic input into the issue, Boon Kia Meng believes that for many young people, the communist armed struggle belongs in the annals of history now.

“As Chin Peng mentioned in his memoirs, he was a man of his time and circumstances, where the world, in the immediate aftermath of the Japanese occupation, was overtaken by nationalist and anti-colonial movements and liberation struggles,” explains the academic.

“The armed resistance of the CPM was conditioned by those wars and the realistic options before them, in the context of British detention of firstly the Malay anti-colonial Left (a thousand were detained before the Emergency) and the crackdown on labour unions and political groups. The Emergency in 1948 was the culmination of British desire to secure their economic and geopolitical interests in the region.

“The CPM, rightly or wrongly, decided on armed struggle in the face of such challenges.”

Today, conditions are very different, says Boon. “A measure of formal democratic institutions has prevailed, and capitalism is triumphant globally, including in so-called communist China. As such, the bogeyman of communist terror in Malaysia is no longer a plausible claim.”

In fact, he highlights, most left-wing political movements today are democratic grassroots movements or parties.

“Just look at the elected governments of Bolivia, Venezuela and Ecuador, or even the growing popularity of the Greek radical left, Syriza (a likely winner in the next Greek elections) and the Occupy Wall Street movement. They are all non-violent, popular struggles.”

Ironically, even Chin Peng had noted the change of the times. Writing in his 2003 memoir My Side of History, he said: “A revolution based on violence has no application in modern Malaysia or Singapore... The youths who have known only stable governments and live in an independent age of affluence will find the choices I made as a teenager deeply puzzling... I was young in a different age that demanded very different approaches.”

He also stated that one of his final wishes was to “exchange views with young Malaysians nowadays to understand how history is shaped, exchanging ideas about how things move the world.”

Open dialogue and ­reconciliation

For many young people, an open dialogue on Chin Peng and communism is something they hope will happen now.

Student Nik Zurin Nik Rashid says it might be difficult for them to feel the victims’ experience but it will not hamper them from empathising.

“To ask the current generation that live in ignorance of such an experience is like asking a Malaysian what it feels like to be at Auschwitz: they can’t answer, and neither should they,” says the 19-year-old who is currently an undergraduate in a university in Texas.

The fact is that in the modern context, any way you look at it, the CPM is no longer around, she says.

“The CPM is no longer the enemy for the simple fact that it does not, for all intents and purposes, exist as a cohesive force that mobilises the masses since it signed the armistice with our government in 1989. By that alone, they are no longer the “Number One Enemy” as much as the Russian Federation is no longer a de facto enemy to Nato or the US since the Soviet Union collapsed.”

Nevertheless, she does not believe the CPM deserves any form of pardon.

“If Hitler is still unforgiven for his crimes, then I don’t see why Chin Peng needs to be forgiven for his Red Terror campaigns during the Emergency.

“To many, Chin Peng and his Commies will not be forgiven, and that is understandable.”

Alternative musician A. Nair feels that an open dialogue will help reconcile our nation with its painful past.

“If we try to be politically correct all the time, we will not get any idea across. If the older generation gets upset about us not caring or being insensitive about what they went through, it is something we need to learn to understand.

“But they also need to understand that it is not relevant to us now. We are moving towards a developed society, so we need to be more open and less sensitive.”

Tuesday, May 8, 2012

Batang Kali massacre by the British: justice for the dead!

More than 60 years after British troops killed 24 villagers at Batang Kali, Selangor, the case against the soldiers is going to be heard in the British courts today. 

IN 1948, the Malayan Emergency was just heating up. The country may have been weary of four brutal years of Japanese occupation during World War II, but the brief post-War dominance of the Communist Party of Malaya (CPM) was clearly at odds with the desire of the British authorities to reclaim a territory whose raw materials would help rebuild Britain itself.

By 1948, this had erupted into an undeclared war that would be waged until 1960. British forces sought to subdue the Communists, who had gained a degree of popularity for their resistance towards the Japanese. It didn’t help that in China, Mao’s Communist Party was on the verge of defeating the Kuomintang nationalist party.

Uneasy lie the dead: This cemetery in Batang Kali, Selangor, is where about half of the massacred victims were buried.
 
It was against this backdrop that the 7th Platoon of G Company, of the second battalion of Scots Guards unit of the British Army, belied its centuries-long reputation for honour. On Dec 12, 1948, under the leadership of Sgt Charles Douglas, the Guards surrounded a rubber estate near Batang Kali, Selangor. Looking for Communist guerillas who habitually moved in and out of the local population, they shot and killed 24 ethnic Chinese villagers before razing the village.

The next day, The Straits Times carried a report stating “Scots Guards and Police were today reported to have shot dead 25 out of 26 bandits during a wide-scale operation in North Selangor.” It called the killings the “biggest success as yet achieved in one operation in Malaya since the Emergency began.”

It was a bold-faced lie. The troops may have been acting on false information or may have panicked but there is little doubt that many innocent people were killed. Worse still, the incident was hushed up, only surviving as whispers through time.

There were, however, some survivors. One man fainted and was presumed dead, while some women and children of the men killed lived to tell the tale. According to them the Scots Guards had separated the men to be interrogated before the situation turned into a rampage of indiscriminate shooting.

This lush green spot is where dark deeds took place 64 years ago today.
 
“At the time we didn’t hear much,” recalls Prof Emeritus Tan Sri Dr Khoo Kay Kim. “We just heard some rumours. I would not call it the norm, but no doubt there was tension. What happened at Batang Kali was part of the complexity of society which can lead to such tragic situations. It is almost unavoidable in times of conflict and when there is hatred between ethnic and territorial groups. I see it as a conflict of cultures.

“From what I understand, they were innocent men. But the Chinese may well have reacted in a peculiar way that would have seemed suspicious to the British, who were paranoid and ignorant of local ways. The British always had problems with the Chinese community.

“That is why Governor Sir Shenton Thomas tried to come up with a programme to Anglicise the Chinese, but they were not easily controlled. At that point (in 1948) the Chinese were under the influence of the leftists and the secret societies. They were themselves enemies and in some ways it mirrored the conflict in China between the Kuomintang and the Communist Party.”

Prof Datuk Dr Shamsul Amri Baharuddin laments the tragic loss of life. “At the time the British would have had their own people on the ground. But informers can make the biggest mistakes, sometimes even on purpose. It is possible that the informer didn’t like these people. In this case, it is likely that the British acted on wrong information.

This is apparently the tombstone of the first victim, Luo Wei-Nan.>
 
“It is difficult to be an informer/undercover agent because both sides will crucify you. In fact in the 1940s, the leader of the Communists, Loi Tak, was a triple agent, a Vietnamese who worked for the Japanese and the British while leading the CPM!

“The conditions of war generates different dynamics, which we can still see today in Afghanistan and Iraq where there are many vendetta killings and economic killings done under falsified circumstances.”

Leon Comber played a critical role in the formative years of the Malaysian police force’s Special Branch and spent many years countering the Communist insurgency. The author of Malaya’s Secret Police, 1945-1960: The Role Of The Special Branch In The Malayan Emergency has no light to shed on the Batang Kali incident but does concede that, at the time, there was much mistrust between the Chinese community and the British.

Comber had come over to Malaya as part of the re-occupying forces that took over as the Japanese surrendered. In 1946 he was appointed to the police force in Malaya. He served as OCPD (Officer in Charge of Police District) KL South; at that time KL was divided into north and south zones for policing.

The Emergency was a savage war in which an estimated 12,000 people died. Did Comber ever have to do anything he was ashamed of?

File photo from May last year when four claimants, (from right) Wooi Kum Thai, Loh Ah Choi, Lim Kok and Chong Nyok Keyu announced that they had been granted funds by the United Kingdom Legal Service Commission to take their case to British courts. Today, the four are in London for the beginning of their case.
 
“Personally I didn’t, nor did I order any men under my command to do so. But I certainly heard rumours about dubious interrogation techniques. Apparently the head of the Special Branch, Richard Craig, issued a pamphlet which referred to undesirable methods of obtaining information. I was taken aback when I heard that. But if my fellow colleagues knew anything, they kept it to themselves.”

Indeed, secrecy was very much the order of the day as the colonial government maintained strict control over the media to ensure that only their viewpoint got through to the people. Little was known at the time of the Malayan Emergency’s many flash points like the standoff in Bukit Kepong, Johor, on Feb 23, 1950, between police officers and Communist guerillas that ended with more than 20 fatalities on each side. Across the pond, on Dec 3, 1949, the British governor of Sarawak, Sir Duncan Stewart, was stabbed to death by teenage Malay nationalist Rosli Dhobi.

A few years after the Batang Kali massacre, the Briggs Plan was put in place to win the hearts and minds of the local population. Devised by General Sir Harold Briggs shortly after his appointment in 1950 as the Emergency’s director of operations, the plan comprised the forced resettlement of rural Chinese population into “New Villages” where education, health services and homes with water and electricity were provided. Even as the Emergency continued and news remained tightly controlled, the Batang Kali massacre reared its ugly head from time to time. Soon after the incident, in 1949, an investigation by the Attorney General, Sir Stafford Foster-Sutton, concluded that the villagers would have escaped with their lives if not for the soldiers opening fire – yet, no action was taken.

In fact, only the soldiers themselves were questioned as witnesses; no villager was asked for testimony. The cover-up echoed that of another British colonial massacre in Amritsar, India, in 1919 when Colonel Reginald Dyer ordered the shooting deaths of hundreds of unarmed Indian civilians.

Following the My Lai massacre in the late 1960s during the Vietnam War, when US troops unable to distinguish friend from foe slaughtered all the villagers in My Lai, the Batang Kali incident was revisited by British newspaper The People. Then British Secretary of State for Defence (from 1964 to 1970) Denis Healey set up a team to investigate the incident. But the case was soon dropped for “lack of evidence”, despite statements made from former members of the patrol that made it clear they had been ordered to lie about the killings during the 1949 investigation.

Still later, in 1992, In Cold Blood, a BBC documentary was aired about the killings, making it obvious that a travesty had occurred, not just with the killings but with the cover-up that followed. Journalists Ian Ward and Norma Miraflor also painstakingly put together Slaughter And Deception At Batang Kali (Media Masters, 2009), another work that endorses this viewpoint.

MCA Public Services and Complaints Department head Datuk Seri Michael Chong became involved with the case during the filming of In Cold Blood.

“It is not only me who is fighting this case,” he says. “Over the years many fought it. Even (Malaysia’s first Prime Minister) Tunku Abdul Rahman fought it before independence. But when I came to it in 1992 it had been forgotten. All the time there had been a ding-dong and finally after a change of government in the UK, the case was closed.

“In late 1992, a group of BBC journalists came down with a few ex-Scot Guards who were all in their 70s or 80s. They were not involved in the massacre but had been asked by their Commanding Officer to help with the post-massacre clean-up. They came and asked the villagers to remove the bodies. After so many years they felt bad.”

Chong was outraged by the injustice and decided to act. “Along with the lawyers Vincent Lim and Datuk Lim Choon Kin, I took an interest. We went to see the place and met the survivors. In 1993 we called a press conference and, with the victims’ descendants, we lodged a police report in Batang Kali.

“After that, we drafted a letter to Her Majesty the Queen to investigate this old case and seek for justice. We went to see the then High Commissioner, H.C. White, and were given assurances that the letter would be passed to her. Meanwhile, we also worked with the police. I was cautioned by the Malaysian police not to stir up this sentiment.

“To be very frank, some leaders also asked me why I wanted to bring up this old matter. They neither supported me or were against me at first. But later on they gave me their moral support.

“For me, this has never been about the publicity. I just want justice for the victims. I want the British Government to recognise and admit that such an incident happened. They were all shot in the back of the head from a close distance. This is cold-blooded murder. They were never Communists, but simple rubber-tappers. They were not even sympathisers.”

Eventually, through the perseverance of people like Chong, the British Government relented and agreed to hear the case.

Lawyer Quek Ngee Meng is part of a new generation of Malaysians who feel that there is no statute of limitations on justice.

“Back in 2004 my father, the late Quek Cheng Taik, used to visit the hot springs in Ulu Yam near Batang Kali to treat an illness. He used to go from Serdang to that area and eventually bought a house in Ulu Yam. He listened to the stories of villagers.

“It is still a talked-about topic there more than 60 years on. Those killed were from Ulu Yam. If you go there you won’t miss the cemetery. Every Qing Ming (a day to pay respect to one’s ancestors) they go back.

“They still feel it. It is still a stigma. The official account says they were suspected of being bandits. When we followed the case, we found a lot of cover-ups.”

But what can be accomplished after so many years?

“I think the first thing is an admission and an apology” says Quek. “The victim’s families also lost their bread-winners so we are also seeking compensation.

“Over here there are still about five witnesses to what happened. In Britain some soldiers are still alive. I think there are more than 10 on the British side. There are many who have passed away in Malaysia, most recently Tham Yong in 2010. But we documented their testimony.

“When pursuing this case, the famous human rights law firm Bindmans backed us and were willing to procure legal aid. Before they (the United Kingdom Legal Service Commission) granted us that aid, though, they checked that we needed the funds. They also checked if there was any merit in the case. Their estimate is a 50% to 60% chance,” says Quek.

Today and tomorrow, the team in London will be applying for a judicial review to quash the earlier decision by the British Government not to investigate the tragedy.

Quek says incidents like Batang Kali were not necessarily unique at the time. “There are many other cases of injustice during the Emergency. You must understand, this was at a time when the British thought all Chinese were Communists. The Chinese had to prove they were not Communists.

“But even in such circumstances you must follow the rule of law. If they are identified by informers they should have been detained and questioned. But they were not.”

Quek makes a final point about the upcoming trial. “We made a lot of progress with the (British) Labour Government, but since the Conservative-led coalition took power, they have not been so straightforward with us.

“They have made a lot of representations using technical points trying to claim that it was the Selangor Government who had jurisdiction and we should take action against the Sultan instead of them!

He adds that, “This is a landmark case with an individual suing the British Government, and I am looking forward to the trial.”

It remains to be seen if justice will indeed finally be served.

By MARTIN VENGADESAN and LIM CHIA YING
star2@thestar.com.my


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Friday, September 9, 2011

British Massacre - Batang Kali Victims win UK court scrutiny





Kin of Batang Kali massacre victims win UK court scrutiny  

  


KUALA LUMPUR: Family members of 24 unarmed Malaysian ethnic Chinese workers, allegedly shot dead by British troops in a massacre more than six decades ago, won a significant court battle in Britain that will give hope that the incident will be formally investigated, their lawyers said Thursday.

The British High court ruled on Aug 31 in favour of the family members for a review of a decision by the British government to refuse to investigate the massacre, in which the unarmed rubber plantation workers in Batang Kali, a remote town in Selangor state, were killed after being accused as terrorists trying to escape during the Malayan Emergency.



The court granted the judicial review as it deemed the case "raises arguable issues of importance", reported China's news agency Xinhua.

The lawyers said a full hearing would begin in early 2012.

"After decades of seeking redress for the Batang Kali massacre victims, we can now, finally, see the light of justice at the end of the tunnel," said lawyer Quek Ngee Meng, representing a victim's family.

"We do not expect the British government to reverse its stance, but it should immediately and unconditionally release all documents relating to the massacre and the aborted attempt to investigate in the past so the court that hears this case, and the public, have a complete picture," he told reporters at a press conference attended by six surviving kin of the victims, lawmakers and dozens of activists and representatives of ethnic Chinese groups. - Bernama


Malaysian Batang Kali massacre kin wins UK court scrutiny

KUALA LUMPUR, September 8 (Xinhua) -- Family members of the 24 unarmed Malaysian ethnic Chinese workers allegedly shot dead by the British troops in a massacre more than six decades ago won a significant court battle in britain that would give hope the massacre would be formally investigated, their lawyers said on Thursday.

The British High court ruled on August 31 in favour of the family members for a review to a decision by the British government refusing to investigate the massacre, where the  unarmed rubber plantation workers in Batang Kali, a remote town in Malaysia's Selangor state were killed after being accused as terrorists trying to escape during the Malayan Emergency.

The court granted the judicial review as it deemed the case " raises arguable issues of importance." The lawyers said a full hearing would begin in Spring 2012.

It will examine whether the British Secretaries of State for Defense and the Foreign and Commonwealth Office (Secretaries of State) acted lawfully when they refused to hold a public inquiry into both the killings and their coverup, and to make any form of reparation to the victims' families.



"After decades of seeking redress for the Batang Kali massacre 's victims we can now, finally, see the light of justice at the end of the tunnel," lawyer representing the victim's family, Quek Ngee Meng said.

"We do not expect the British government to reverse its stance, but it should immediately and unconditionally release all documents relating to the massacre and the aborted attempt to investigate in the past so the court that hears this case, and the public, have a complete picture," he told reporters at a press conference attended by six surviving kin of the victims, lawmakers and dozens of activists and representatives of ethnic Chinese groups.

The 24 ethnic Chinese were shot dead by the British Scots Guards in 1948, when the then-Malaya was under British colonial rule.

They were accused of being sympathizers of the communists and said to be trying to escape during the Malayan Emergency -- a guerilla war fought between the Commonwealth armed forces and the Malayan communist group.

The victims' lawyers said the British government refused to correct the records even as evidence suggested all 24 victims were innocent.

After numerous appeals to both the British and the Malaysian governments for a probe into the massacre were turned down, citing lack of evidence, family members of the victims took the case to the British court.

"For the first time after six decades, I feel a sense of closure," said Loh Ah Choy, whose uncle was killed before his eyes when he was nine.

"He was my only uncle and he deserves justice," the 70-year-old told Xinhua.

Relatives of Batang Kali massacre victims nearer to seeking justice

By MARTIN CARVALHO mart3@thestar.com.my

KUALA LUMPUR: After almost 18 years of tough challenges and extreme obstacles, relatives of the Batang Kali massacre are finally making headway in seeking justice over the killing of 24 villagers by British soldiers in 1948.

MCA Public Complaints Bureau chairman Datuk Michael Chong said the United Kingdom Legal Service Commission had granted the families financial aid to pursue their case. An appeal for aid was rejected in November.

“I am very happy. We nearly gave up as cold water was poured on us several times over the years,” he told The Star here yesterday.

“Finally, families of the victims are able to see some light to help them seek justice.”

Chong, who played a crucial role in initiating the call for a judicial review in 1993 over the Malayan Emergency massacre, said the aid came as great relief to the families.

The four claimants, Wooi Kum Thai, Loh Ah Choi, Lim Kok and Chong Hyok Keyu, faced RM480,000 in legal fees (not including RM525,000 in future cost) when their request for legal aid was turned down.

However, the commission’s Special Cost Control Review Panel allowed their appeal on April 15 and with this, the four can proceed with their case at the British courts.

Action Committee Condemning the Batang Kali Massacre coordinator Quek Ngee Meng said the panel granted the appeal as it was of the view that the claimants had a 50% to 60% chance of succeeding in their case, which is of wider public significance.

“They can now, with more certainty, resort to legal avenues to the fullest so that the truth behind the massacre can be uncovered and that the historical wrong corrected,” Quek said in a press statement issued here.

On Dec 12, 1948, in a military operation against the communist insurgents, a group of British soldiers allegedly shot dead the 24 villagers in a rubber estate near Batang Kali before setting their village on fire.

In March last year, families of the victims and several non-governmental organisations formed the action committee.

The committee submitted a petition to the British High Commission calling for an official apology, compensation for the victims’ families, and financial contribution towards the educational and cultural development of the Ulu Yam community.

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British Massacre - Batang Kali Survivors and kin seek inquiry and damages