JUDGMENT

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 th