Lord Hodson (delivering the majority judgement):

In these associated appeals the main question is whether the accused were entitled to be treated as protected prisoners of war by virtue of the Geneva Conventions Act, 1962 to which the Geneva Convention of 1949 are Scheduled.

The accused are so-called Malaysian Chinese either born or settled in Malaysia but in no case was it shown whether or not they were of Malaysian nationality. Most carried blue identity cards issued pursuant to the National Registration Regulations which by reg. 5(2)(a) provide for the issue of "blue bordered cards with blue printing to citizens of the Federation of Malaya". One carried a red card appropriate to a non-citizen.

They were captured during the Indonesian Confrontation campaign. All but two were dropped in Malaysia by parachute as members of an armed force of paratroopers under the command of Indonesian Air Force officers. The main party was dropped in Johore wearing camouflage uniform. Each man carried a firearm, ammunition, two hand grenades, food rations and other military equipment. Of the main party 34 out of 48 were Indonesian soldiers and 14 Malaysian Chinese which included 12 of the accused. One was dropped from a different plane similarly equipped. The remaining two accused landed later by sea and were captured and tried. One of these likewise claimed the protection of the Geneva Convention.

All the accused were convicted of offences under the Internal Security Act, 1960 of the Federation of Malaya and sentenced to death. Section 57 deals with offences relating to firearms, ammunition and explosives and so far as material reads as follows:

57. (1) Any person who without lawful excuse, the onus of proving which shall be on such person, in any security area carries or has in his possession or under his control -

(a) any fire-arm without lawful authority therefor; or

(b)any ammunition or explosive without lawful authority therefor.

shall be guilty of an offence against this Part and shall be punished with death.

...

(3) A person shall be deemed to have lawful excuse for the purposes of this section only if he proves -

(a) that he acquired such fire-arm, ammunition or explosive in a lawful manner and for a lawful purpose; and

(b)that he has not at any time while carrying or having in his possession or under his control such fire-arms, ammunition or explosive, acted in a manner prejudicial to public security or the maintenance of public order.

...

58.(1) Any person who in any security area consorts with or is found in the company of another person who is carrying or has in his possession or under his control any fire-arm, ammunition or explosive in contravention of the provisions of s. 57, in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, with such other person in a manner prejudicial to public security or the maintenance of public order shall be guilty of an offence against this Part and shall be punished with death, or with imprisonment for life.

Proclamation of Security Areas is dealt with in s. 47(1) which so far as material reads as follows:

If in the opinion of the Yang di-Pertuan Agong public security in any area in the Federation is seriously disturbed or threatened by reason of any action taken or threatened by any substantial body of persons, whether inside or outside the Federation, to cause or to cause a substantial number of citizens to fear organised violence against persons or property, he may, if he considers it to be necessary for the purpose of suppressing such organised violence, proclaim such area as a security area for the purposes of this Part.

(3) A proclamation made under sub-section (1) shall be punished in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof and shall have effects soon as such notice has been given, without publication in the G