CAMPAIGNERS have pledged to continue their fight for an inquiry into the killing of 24 rubber plantation workers by Scots Guards in Malaya more than 60 years ago.

They made their vow yesterday after two judges at the High Court in London upheld a UK Government decision not to hold a public hearing into the alleged massacre in the former colony.

The judges said it would be "very difficult" to establish now whether the actions of the soldiers had been "deliberate".

Lawyers for the victims' families said they would appeal and claimed evidence proved those shot were not insurgents.

The incident took place at Batang Kali, in the Malaysian state of Selangor, in December 1948 – during the Malayan Emergency, which saw British troops put down a communist-inspired insurgency.

The UK Government said at the time the unarmed villagers had been suspected insurgents killed while trying to escape.

The court yesterday said claims by the victims' relatives that Scots Guards had conducted a "massacre" were "as serious as it is possible to make".

But Sir John Thomas – the president of the Queen's Bench Division of the High Court, who sat with Mr Justice Treacy – said it would be "very difficult at this point in time" to establish whether the shootings were "deliberate executions".

They claimed the cost of an inquiry would be "materially greater" than £1 million and said it was "very questionable" whether "much can be learned".

Among the relatives outside the court yesterday were Chang Koon Ying and Lim Ah Yin, who both lost their fathers in the shootings. They held up a large poster which read: "We want the truth and apology now."

Solicitor John Halford said last night: "The survivors and families of the Batang Kali massacre will continue to pursue legal action."

Soldiers were conducting operations against communist insurgents during the Malayan Emergency when the plantation workers were killed, judges heard.

Relatives said there was enough evidence to justify an official investigation and had asked judges to overturn a Government decision not to hold an inquiry. Foreign Secretary William Hague and Defence Secretary Philip Hammond opposed the relatives' application, arguing the decision not to hold an inquiry was lawful.

Judges ruled in the Government's favour following a hearing in London in May.

Sir John, in a written ruling, said: "The first matter in relation to the purpose of inquiry is to consider whether it can establish the facts.

"There are obviously enormous difficulties in conducting an inquiry into a matter that happened over 63 years ago. Most of the contemporary documents are missing and most of those who were engaged are dead."

He added: "All in all, it would appear to be very difficult at this point in time to establish definitively whether the men were shot trying to escape or whether these were deliberate executions.

"Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate."

Sir John said decisions taken by Mr Hague and Mr Hammond not to set up an inquiry were "not unreasonable".

A claim the killings were premeditated was subject to a police investigation in the 1960s, but this was dropped because of a lack of sufficient evidence.

The Government rejected a call in 2009 for a public inquiry, and a spokesman said yesterday: "The High Court has upheld the Government's decision not to hold a public inquiry into the killing of 24 Batang Kali civilians over 60 years ago.

"This was clearly a deeply regrettable incident and we extend our sympathy to the families and survivors for the loss of life and suffering.

"We have always said a public inquiry would not be able to reach any credible conclusions given the length of time passed.

"We did not feel the interests of justice would have been served by spending significant sums on further inquiries."