a
Battle Of Hong
THE CHINA MAIL, ThursdAY, MAY 22, 1947 -
Kong Trial
Verdict In Tanaka Case To Be Given This Morning
¿
FINAL SPEECHES
BY COUNSEL
The verdict of the Court in the trial of Major- General Tanaka Ryosaburo, one of three Jap- anese divisional commanders who led the as- sault on Hong Kong, is to be given this morn- ing when No. 5 War Crimes Court re-asseni-
bies.
Tanaka is charged with responsibility, while com- nder of the 229 Regiment of the 38th Divi- sion of the Imperial Japanese Army, with in- humane acts perpetrated by his troops. These include the alleged killing and ill-treatment of prisoners of war takon at Sai Wan, the Sale- sion Mission, Repulse Bay. "Overbays" and Bittle Hong Kong, and the killing and ill-treat ment of medical personnel, civilians, doctors and orderlies at the Salesian Mission in late December, 1991. during the assault on the Island.
The avance Dr. BanAll, the evidence adduced by the that he hand beard isom a Ja Prosecution and contended that patiese paster officer, when cap evidence with regard to some fured, that "all captives must¦ of the spreific incidents brought die formed a major point in out in the prosecution's case Busth the chimp achtreguess by was occasionally of a conflicting the Delence and the Preen-f mature,
ZBW TALK
Trevar lenny, the BBC obrerver and commentator on current affairs, in to give, a falk over ZMW on Saturday ening. His talk will be in connection with the Britinh Flood Relief Fund and he will ale Hong Kong first-hand, expert information on the rets of the recent floods and conditions of Home.
Mr. Glewny, who
П
lecture tuner fo truts in the Far East, leaves the Colony on Sunday.
their hands tied behind their buck, could be considered more
relinbic brenuse Borsvolti I peareil-to be the more observant of the two men, having noticed the distinguishing marks worn and by the Japanese soldiers Tanaka's coming out. gate of "Eucliff."
Mr. Baur appeared abo an-
R&W sorde prisoners whose
and
Coming Events
May 22-Y's Mena' Club, Glouces. ter Hotel, 12.45 p.m. Speaker: Major C.F. Miles on "Egypt." May 24H.K. & Yumati Ferrion,
nnual meeting, noon. May 24-20 Whitsun Race meet-
Ing.
May 28-H.K. Realty & Trust Co
annual meeting, nocn.
Tramways Ltxl. May 20-H.K.
annual meeting, Jardine's of fleck, noon.
noon.
noon.
GRACIE GIVEN
EIGHT YEARS
Sentence of eight years' imprisonment with hard labour was passed by Mr. Justice E. H. Wil- liams (Puisne Judge) at the Supreme Court yesterday on James Kenneth Gracie, who was found guilty of doing an act likely to assist the enemy with intent to assist the enemy, by the jury, which did not retire.
Palmistry:
It Pays To Advertise?
After the verdict, Mr. A. Lonsdale, Crown Prosecutor, anked the Court to take into excel. consideration accused's lent war record in the Firat?
Claiming to be a well-known World War. Accused bad, palmist from Shanghai, Wat served in the Army and was Ngau (allus Wat Nang-shan) was severely gassed. He was made aned 3250 by Mr. Sainsbury at a King's Corporal on the field, Central yesterday for fortune- a unique honour in that there telling at the St. Francis Hotel are only eleven such Corporalaj on May 20. His Interpreter, Ling
Bing-man (a young girl) in the British Army wife and child in Shanghai was
Accused's story about his Aned $100 for alding and abetting. Inspector C.T. Byron, of the returned to S.C.A., said Wat had been living the St. Francis Hotel" since Shanghai and his family from, at
and, the world May 7
a result of an another part of where he
in was living in com- advertisement
the Chimese fortable circumstances.
Press, he was summoned to the on May 5 und warned Before passing sentence, Mr.SC.A.
found guilty Despite this Wat continued his Justice Williams said that uc personally by Mr. Todd. cused had been
he would take practise at the hotel. Two Indy and although
the S.C.A. werd into consideration accused's ex-inspectors of cellent war record, he consider sent to Wat's rorm in the hotel el the offence to be one of on Tuesday to have their fortune told, Wat charged them $15 encit enormous magnitude.
rending their palms. In- He would take into considera-for
He had
"The witness Bario!! stated cluzion but that the accused in that he heard from Honda that kulity can be drawn from them. the order is that all captives!
Sai Wan
Gracie was charged under the must die". The troops referred | "There is no suggestion any- May 31-China Provident annual ! to by this witness were not where that other than Tanaka's and extraordinary meetings.ing as a commentator in a Ger Defence Regulations with work- from Timaka's regiment. It is troops did capture Sai Wan. Jacobean Rcom, H.K. Hotel,
man Radlo Sintion in Shanghai deeply regretted that the matter] There is, indced, no other T- cannot be further clarifed ow- tional conclusion, given that May 31-China Emporium annual during the war, broadcasting,
anti-Allied propaganda. ing to the fact that the where the massacre did; in fact, take meeting. 3 p.m. abouts of Honda are at present place, to be drawn but that June H.K. & Whampoa Decks unknown.
elements of his Second Batta extraordinary meeting, noon. "Assuming that the Sai Wan lion did perpetrate it. In other June 27-Indo-China S.N, Co. and Salesian Mission incidents words, „as Tanaka's troops took: -Ltd., annual general meeting werd carried out by any of Sai Wan. It is conclusivo:that Tannko's troops, these cases they were responsible for 'what could only have occurred while happened at the time of the nccused was out of touch immediately after, the capture that the Japanese whom he any with his troops. It is known "When it comes to the Sulo- that the accueil had no con- sian Mission there are a num- there wore a while patch on, if I must be remember correctly, the left fact with his second huttalion ber of factors which from the time he landed on Dec. weighed. It will be recalled that breast on which was imprinted 1g until they met at a rendez- Tanaka'a tronpa took yem Butal. This is startling evi- Tal or the characters Tanaka Vous at 1700 hours on the 19th. Borracks and Sai Wan Hill and
true. and to dence, the more so as, with one "It is true that the accused that these are above
the past of the Salesian Misafon. exception, no other witness has hands were tied behind their "Further, the road from Lye admitted to having seen such a backs. These prisoners of war, mun to the Island Ron is well mark. of the
"Not Too Remarkable However, had had their hands south of the Mission, which len
led only beenuse they had at- between the Juncture and the "The Court switressed certain of the exact number of tempted to escape. It is obvious site of the Tanakn landings. nearly all, if not all, the Pro- that this was only a tempor- Now, the Japanese who took seeution's witnesses respecting prisoners who were, kneeling
care from the identification marks. With one down. He had stated "half aary measure used in the heal the Mission
of battle."
South, hot from the water exception, no one of them has Mir. Sakai submitted with dozen or more" and "some 12 or
front. This is apparent from remembered seeing such a mark. detene counsel, regard to the “Eucliff". Incident) fourteen" and recollected three
two isolated facts,
Now, tha in not too remarkable. Saka Yusuke, autimifted; that whereas two witnesses, 4, more men arriving and also be-
"First, the Rajput officer, who It should be borne in mind what of the Tanska! M Haud and Mme. Beatrice ing tied antude to kneel. This Istai ad pas l north of! Ohl, teslified to having
diately before went to Tytam, for instance, his friends MAR- Reservoir where ese soldiers on the grangy slope to 17 Evidence on the shooting
hulance returned, having been
self told that as soon as he had Maut Barfly testified he had of "Eneliff." w other wit mentioned seven men. The ques
fired out. Next, Dr. Banfil! Be He "deeply re- nesses enfled by the Prosecution was, what happened to the
the Japanese forming up in the pretter flær matter cannot betion to testify to incidents other men and why they were
TCRr. i.e. south of the mission. In both these instances
expected to observe minor de- Further clavifiol owing to the uvering the particular period not treated in the same way? fact that the whereabouts off when the shooting allegedly
circumstances point. to
talls of Japanese dress for Honda the junior officer in took piner coull not recollect.
Japanese having come from the future reference. None of the questin
parent un- when questioned, having heard?
shuth, probably from Lyemun European witnesses could be ex- pected to have been anything any shots fired in the courae known
or Sai Wan 40. of the day.
Both these witnesses. Saku contended, had rooms at the hotel overlooking the sea. Were it possible that they had not heard the shots fred, he submitted, these two witnesses the evidence of Dr. Banfill ang would, in all probability, have heard of the shooting from gestive of such orders being in
Barfill had festi olber hotel residents as an in- effect. Dr. fied he was
would na Juniorident of the type told officer called Honda,
forally beenne a topic of conver- moureed Fonda, that the urdersation,
was to kill all captives.
ME .Dat
Three Points
In his closing address for the
seen would bring the total number of }. Prosecution. Major Puddicomb left in the ambulance Imme- the circumstances were. Banfi tion the fact that accused had specter Byron and two Chinese Man Parlar or Flus West side! seven prisoners shot by Japan; prisoners to anything from nine‡ submitted that to find accused that is, to the south. The am-i gacred before his eyes, he him./ been in prison for one year in delectives arrested Wat and hlu
of Ta Ta
ave at
"The Order" The Cannchan prosecuting officer.
Pid Major 4.8. dicombe, R., sadenitud that though them was no evidence
of arcused inving ordered that POWs be executed, there was
aus pr
Mr
guilty the Court would have to satisfy itself on three points:
the atrocitica that
charged accused's troops Jur- againts tually occurred; that the troops committing the atrocities were "Improbable"
under, the command of accused:
that Tanaka, Referring to the Salwan Fort and
offleer. ww incident of the alleged bayonet-manding ting of Volunteers who had sur-ponsible for the conduct of rendered, Mr. Sakai contended) his troops. that the scars shown by wit- nesses Chun Yam-kwang and Martin Tao Hin-chi were not scars resulting from a bayonet thrust.
perion,
J'CH-
"Ubiquitous"
there
the
Shanghai.
Mr. Justice Wiiuma then served their purpose, they would sentence Gracie to eight years' kill him, too, could hardly he imprisonment with hard la-
bour.
Another War
but perturbed at the moment of Crimes Trial
capture.
"Even had things been normal;
it is doubtful if, in the majority
The trial commenced
before
of cares, their powers of obser- No. 5 War Crimes Court yester. vation would have been develop- day at Colcnet Sazawa Hideo,
Camp groups in Fermosa between July, 1943, and August, 1945, and
Interpreter.
A sign board found hanging in.
side Wat's room showed the palms of many famous persons, includ- ing the late President Franklin Roosevelt, Mr. Winston Churchill, · Joseph Stalln, Soviet Foreign
and Commissar Molotov,
Ewu former Axis leaders Adolf Hilter and Mussolint.
Wat told the Court that he had travelled widely in Europe as a palmist and was intended to re. turn to Shanghai in a few days.
Two Years' Sentence
"It is, then." Major Puddi-
"Coming to the 'massacre at combe said, "first necessary to Eucliff on Dec 23, 1941; the discuss the evidence concerning evidence is almost entirely the actual commission of the direct. The shooting of the men alleged atrocities. In the ease on the slope in froat of 'Eucliff ed to a sufficiently high point Commandant of Prisoner of Wor The lines of the scars were of the mutsnacres at Sai Wan took place only some 10 or 15 to have remembered such a de-
and the Salesian not in a straight horizontal line
Mission the minutes after Tanaka himself
a subordinate officer and N.C.O. Court has actually
heard, In had made a speech to them. He tail after five years.
Before any napersions arc as they would have been if re-
Sazowa, Lieutenant Htolcl reived in n bayout thrust from
survivors tell of themself says he was the last to
cast I would suggest a simple Shiro, and Corporal Maisumuro n Japanese soldier trained to murderous slayings.
enve Encliff and no one teat to the Court, The present Yoshio, are jointly charged with use his bayonet in the Japanese |
after him. We have:
Two years' hard labour was the "In addition, Dr. Banfill has mained
that prosecutor appeared before you having been together concerned sentence acted Army manner.
evidenco 'direct
out to Fung Furthermore, described to you the bayonet hen. Time And Date
Branch Camp, Shiro- Chung, Chan Wah, Chan Kam- Au adavit From Nakamura
both were slightly wounded and, ting of wounded British officers Fanaka's troops were in the for 52 sittings in a recent case, at No. 4
allas Lal Wong, Tokno, who admitted to having ence that
Band had stated in his evid-suming that they had been by his captors. Mr. Bands vicinity when the shooting oc- He wore, at one time and an-kawa, in the ill-treatment of pri- cheong
and Tsang Chol by Mr. W.A. Blair- iven interpreter at the parade place about 15 minutes after right, it was improbable
the shunting took bayonetted and not killed out- told you, himmelf, of what he curred. There is no evidence of ather various uniforms Includ-soners of war and civilians, re-
physical suffering to Kerr at Kowloon yesterday when any other troops, save the ing buah shirts, service dress|sulting in of civilian guests of the Re, the parade of hotel guests out-Į they would not have received a ing at 'Eucliff, and Madame ubiquitous Anti-Tank Unit, ber and battle dress: On one only many of them.
anw with his own eyes happen-i
the first accused pleaded guilty Jintel outside side "Eucliff had returned to second and third thrust if the Oil corroborates palsg Boy
of these did he wear a shoulder
of Commandont
P.O.W. to the charge of store.breaking "Euclifu
it with her ing anywhere near. Dec. 23, 1941, the hotel, whereas Mrs. Oh intention had been to kill.
"The Anti-Tank Unit, accord- patch. On which type of dress Camps in Formosa, Sarawa
is and larceny of nine boxes of shortly after the hotel had been stated the period was about an
eye-witness testimony,
rea- guncotton primers and one jack, Commenting further on the warrensiered to the Japanese, hour after the return.
"In the face of the evidence to Tanaka's, computation of was the patch and what did it additionally charged with
ponsibility for ill-treatment of, and the remaining three to aiding was submitted
Court
evidener of Chan Yam-kwong, given by Colonel Ride, George the time, could hardly have look like? to the
POWs at the branch camps at and abetting him. 'Eucliff' when it reassembled yesterday len, who was one of the sevenness, if he had been bayoneticd, -Flanagan there can be no doubt and Mrs. Ohi saw the execution and remarkably enough Mr. in Formosa, and in transit
The affidavit of CSM. Ham- Mr. Sakai suggested that wit- Lemay. Mr. Boesveldt and Mr. reached the gates of
The Exception
Kinkaseki, Taichu and Heito, the until some half hour after Baud
"But, there was one exception, Headquarters Camps at Daichoku dangerous goods
On the charge of posspasion of morning.
men, shot, mentioned the inci- would not have naturally (na he that bodies were found after take place."
in an airrald Nakamura claimed in hin dent as having taken place on claimed) rolled down the slope the fighting at the
re-shelter at Ngau Tau Kak, all de- Bocsveldt 'Ridge,'
corroboralea alidavit that he had not spoken er. 22, 1941, rather than on
La sulting in the deaths of a number fendants were sentenced to six to any of the assembled guests Dec. 23 to which date the other human
as it was not so steep that a Overbays." on the Repulse Bay rational explanation is that Kwok He anys, 'All I know is of the prisoners-of-war and in months' hard labour, and three
body would naturally Road, and that these hodies for Major-General (then Co- ing that the shooting did take that he would have fallen down} which life had departed from captured the. 'Ridge' and mur. of label on their breast and saners-of-war, and civilian inter-instrument At for an other than while interpreting two witnesses testified. Assum-f rull down it. It was unlikely tore evidence on the manner in troops under Tanaka's command i that they had some,white kind physical suffering to many prl months on the possession of an
Jonch Tanaka. He stated also place,
in his atllavit that no motor Hamlen's date was more likely could easily roll dow,
to be correct, in which case the shooting would have unbeknown to Tanaka.
occurred
car arrived during the parade. Defence Casc The elesing address by Tanaka's defence counsel, Mr.
Mr. Sakal submitted that the Sakni Yuanke. read to the evidence of Boenveld, who did Court by the adviary officer to not recollect seeing-as Buud had the defence. a. D. C. Ban- testified he saw a number of ficki) was a detailed analysis of prisoners kneeling down with
THE HONG KONG JOCKEY CLUB
thal
Osler
"It is submitted that the most
As
nees,
Counsel,
are
BRIBERY CHARGE
J
unlawful
purpose count. All the sentences he would submit that in a position from which
hel them. hands tied,
dered the prisoners. To begin something written on it,' shooting, with, the situation was directly "Given that the atrocities Tre Prosecuting Officer is to be concurrent. bayonetting of hebcoring.
Chan Wah, Chan Kam-cheong Mr. Sakai contended also
beside Tanaka's route. The alleged have been proved and Major RC. Lal. Accused "In addition to this eye-wit-water catchment along which ho that troops under the command being defended by Japanese De- and Tsang Chol were also recom- that a bayonet wound in
theness evidence is the evidence went is only a little way above. of the accused committed them, fence
Mr. Tanaka mended for banishment at the.ex. make wrist would not be sufficient to offered by affidavit. Again, in a party moving along the catch- to what extent is he concerned? Yukata, with Capt. J.N. White piration of their sentence.
a person fall and that number of cases this was given ment would be continually Chan's explanation that
"It is patent that if it were horn as Advisory Officer. the blood squirted on my shirt, sacres; for instance.
"all by actual aurvivors of the mas menuced by a position there proved, for instance, that the
An so the Japanese took for grant Thomas and Cpl. Leath at the being cleared, then for are to be executed, he would
"If Tanaka did not see to its accused himself ordered POWS
exhibition of the recent have
paintings of Mr. Luis Chan ed that I was-killed" could not! Sniesian Mission, Pryce respect-
sponsible
opens commander bo was difficulty in escaping conviction.| stand. The incident was said ing the bayonetting of
today at St. John's Sxt. to have occurred at night when Cuzner and himself on the road manner. It has been suggested evidence.
acting in a most reprehensible Or
Health, Inspector 'Kwong Hon- Cathedral Hall. There are 131 course, there is no such | it was dark and there was no below Lyemun,, CSM. Hamlen that Dol's Butal might have
mning was released on $10,000 uxhibits, of which about 30 are light to see by.
that ball by Mr. Sainsbury at Central in oils, the remainder being at "Eucliff."''
"But there is evidence itneked this point, Doi was such
two charges of watercolours. orders were in effect, yesterday on that any such thing happened, neichong and continuing along of Dr. Banfill. He was told by
"Despite the accused's denis engaged in pushing past Wong- Principally, this is the evidence demanding bribes with mennees
and on another two counts of The forthcoming wedding of is submitted that it has been son. Irrespective of who did it. it the south side of Mount Nichola junior officer called Honda, accepting que
F.M. Fattydad, managing director At the request of DSI V. Reliance Trading Co., Ltd., Ulving and pronounced Fonde, that the Morrison, Kwong was formally az 18 Dorset Crescent, Kowloon proved beyond the poradven- "It is evident, and Tanska "The accused did in fuct make ture of a doubt that, all up and agrees, that there was no reason.This order was apparently con M.A. da Silva will defend Kwong. the same address, is announced.
order was to kill all captives. remanded for phe week. Mr. Tang, to Miss Tad Mel-ying, of a practice of guiding and in down the line of the Tanaka for Doi to go down the Ropulse firmed by a more senior officer. structing his subordinates, 80 rendered personnel, and in the vague, lost troops
Butai, prisoners of war, aur Bay Road. So, unless some of Now, given that Banf that prisoners of war, the
|captured by Tanaka's men, the wounded and members of medi- gard to the Salesian
ed only medical personnel, wore ubiquitous Anti-Tank Unit step-evidence is clear that such an
ped out of character to commit order existed. butchered by Japanese troops.
the assault, it must be concedel
"At this point it is not so "Beyond Doubt"
that Tanaka's troops captured clear from whom the
order this point.
emanated. So, you are asked to consider the evidence of Baud, "The murder of POWs at the Beesveldt und Gomeraåll. Each
NOTICE TO MEMBERS WHITSUN RACE MEETING Saturday, 24th ở Monday 26th Máy, 1947
The First Bell will be rung at 2.0 p.m. and the first zuca will be ena at 2.10 p.m. each dagi
i.....
Through numbera (15 Races-÷$12), may be obtained at the ofRee of the Trennaderm, int Floor, Exchange Buliding, alan tickets for the pecial Cab Beep(12.001 on the last rare of „kle second day, 24th May.
MEMBERS' BADG
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Badgrendeling ngo-member to the Members Enclo And Clyb Jooms at $20 each day including the » e okiainable through the Vicretary ap the written or personal introduction of a Member, such Mamber ia bo respon sible for mit. 'illa, etc.
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Referakmenia wB), do oblatnible 1, the "Restaurant in the Tablia Ku-
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Fames for Kesvanta will do formed.su Delikte Dax helders ONLY -application/10, the Becretary, 1pty#loch;. Kichange. Unibilág),
Any permni fhand initorial wir, dervanta" passis; to their pucsom vili, farfelt the “anime 'and' will be removed from the antisani..
[BGBROWN,.
re-
Tanaka's Position Speaking of - Tanaka's sponsibility in respect of the charges made against him. Mr.
Sakal said, in pari:-
cal organisations would treated in accordance with Ip- ternational Law.
"Furthermore, on the ocen- slon of the attack on the Island of Hong Kong, he gave address CB to his Junior Commanders in
war.
Mission
་ ་་ ་
Other Murders
or the
T
wan
in
"Now it is essential to dis- cus what Japanese troops were concerned. It is the Prosecu: Lyon Light can, again, only of these witnessds swears that which he stressed the differ tion' contention that beyond cnces in opinion between the any doubt whatsoever, men of rationally bc attributed to when they were lined up outside European and the Asiatic on the Tanaka, Batai committed Tanaka's man. There is every of "Eucliffe' it was intimated to the treatment of prisoners of the atrocities at Sai Wan, the ovidence that his troops passed them by a Japanese that they Salesian Mission, bayinotted there on the 19th when his should be shot. Surely no sub- "He again instructed these the wounded H.K.S. Artillery platoon went off to assault Hill ornate would dare to make officers on the treatment of men and performed the exocu- 143 and again when the second such a suggestion · either prisoners of war in accordance tion at Eucliff that beyond battalion went to capture Brick presence of his superior or if with International Law and re- any reasonable doubt men un-Hill. In the latter case, they the said superior's advent was quested them to pass on these der the accused's command mur must have passed the point in Imminent unicas the statement instructions to all his subordered the victims at the Ridge,' order to get to their objective, was sanctioned by his superior," dinates. Even during, oporations Overbays, on the Repulse Bay "As to what happened ent ho used to issue concrete in Road and at the Lyon Light; Shownon Hill," there. Is) again structions regarding treatment!
HEALTH FIGURES "Nevertheless, with one, or little to be said. Certainly a of POWs whenever he consider-possibly two exceptions, the body was brought out of the
During the period Moy: 11th- ed if necessary;
evidence that. Tanaka's troops well. A medical officer is 17th there were 105 cases, The fact that the accused were concerned is circumstan- however, of the opinion that the with 87 deaths, of tuberculosis Kave instructions concerning tial. Circumstantial evidence bones were those of an Oriental reported in the Colony this mattor before this, opera- has acquired, in the lay mind, fie opinion, he tella "udiis Other Infectious" cases in- tion took placa shows that hu a totally unjustified stigma. Ac- founded on nothing more than cludo 10 cases (3 deaths) of carried out his obligations as a tually as has been attested the size dicated by the cerebrospinal meningitia; 13 commanding officer. He cannot many, many times; the evidence skeletah Now, there are anfall cars 19 deatha) of malaria; 2 therefore, front a criminal point of the circumtsances in more re- Europeans. This Court had had od: (1 death) of smallpox;
caden, 1 dumped' and' 1' Import- of view, be held responsible for llable than that of eye-witness before it on phe or two occasions cases (1-death) of dynentory; any neglect of duty on the part on *** of his mend keeNAS As the old, saw has it wit a certain Linuten it-Colonel of a 3 casco (2 deaths) of earl
No Proof. nesses may lie, facts cannot, the Winnipeg Grenadiers Who istoric fever,NECKLA
certainly, nag Ind€3* (170) VAM There is nothing to prove But to find a man guilty of s
Deaths registered: front; all that the accused over allowed crime, the circumstances must "One other ticin!" là remerke daukka totalled 225.3. Dirtba or ordered or Induced his sub- show not only that they are able about Lal Kweky #vlden "totalRI 848) 402 at which were. ordinates to act-in any manner consistent with the commission regarding the Choumporiban on the faland. whihte inlight - Kifringe Interna. of the offence by the accused episode. It is the othellon Sixta caught wand-oxA tional Law,
bat, ibah mai pthhe rational con hennar láska ALERTES
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