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BIRTH
BOTELHO-To -Eleanor, wife of Mr. Pedro de V. Botelho, a
son, Pedro II. Both doing
well.
SOUTH EAST ASIA AND COMMUNISM There is growing aware ness that something concrete must be done to save
coun-
But it must be realised that Western Europe is one of the of great industrial centres the world. It is in economic difficulties because in present circumstances it can obtain so much of its food and raw materials only in dollar area. immediate By contrast the trouble in South East Asia is political not economic. Economic, 1png range proach to the problems South East Asia will become possible only when the worst period of its civil wars comes to an end.
THE CHINA MÁIL, MONDAY, JULY 4, 1949.
PART IV: ROAD TO CALVARY
THE MINDSZENTY STORY
"Can
Christ?
The Legal Aspects Of Mindszenty's Trials
BY THE VERY REV.
DR. NICHOLAS BOER
KA
the Pope be silent with three questions. First, woro involve the intention of "over- orator the purpose of
peaco
of
Good Morning!
Britain's Note to China is re- ported of the "same tenor as the United States Note."
Yes..and both a bit "off quey"
at the moment.
Truman calls his plan a fair deal. Others say that it might be one of those "fairy deals."
Shanchal
Bombed people in think the only good Peanut is one property shelled and roasted.
The KMT's closed down in Ma-
laya
And not to popular round, the
Prayn...
There
lapsing into "Thero shall be guilty of the the legal aspects of the trial on the country from the hypothesis that it is possible chaos. It is hard to say how it felony of Disloyalty and punish- to assume that the Cardinal's | could be illegal to prepare for able penal servitude from 10 to 15 perfectly normal such an emergency. At any rate, years any person who shall ally
the mere preparation for such an himself
with or contact any emergency does not in any way
government, or foreign
was a kind of poetic bringing
hostile act justice in an Incident concerning throwing" the republic.
against the Hungarian state; and local pickpocket the other day. Ho further any person who shall followed a slightly tipsy gent on 1 foreign to a crowded tram with the idea endeavour to incite power
to war or enforcing action of pinching his wallet. He was about to remove it when the tram against the Hungarian stato."
Frem a legal point of view the stopped and his quarry alighted. under this The "dip" jumped off in pursuit, Cardinal's conviction thore
was absurd.
and was promptly collared by section was
The facts relied upon by the tramway inspector for not pay- prosecution were exclusively con- ing his fare.
Budapest and a letter to President corned with the Cardinal's fottera to the United States ministers irt
peace treaty Truman. All of these letters were September
up
But
written bofero the came into force on
wore
they
war
of
and
and
Stony
it's
rather
You must admit
funny Where little Belgium got that
maney, And hands us out a whopping
Joan
While Britons
they own.
mortgage ali
But could it be, correct me if
I'm wrong,
From the cement she sent off
to Hong Kong?
•
Marshal Yen is giving on "aus- terity dinner" for the KMT. Slx dishes and
Aus- aimple soup. terity diners like charity givers should begin at home.
•
•
Sam The Salesman
So long, Chiang, old buddy... Guess we gotta go,
exhaustion was phenomenon.
My legal criticisms will deal when a minority Government the charges proved according to law? Secondly, wors the fund-
No Evidence wants to deprive parents of the amental principles of justice right to educate their children observed in the trial? The third
It could only be said that there in order to separate them from and last question is the more the republic, if
was an intoniton to "overthrow
the monarchist general one of the right to form "Can the Pope be silent when a political opposition, a right which group could be shown also to State, stopping beyond the Hmitat shall show has been fally pre- the contemplated war. But
have taken steps to bring about of its authority, abrogates to itself served in the Hungarian Con-
was no evidence whatever that Cardinal Mindszenty and his the power to abolish dioceses, to stitution remove blahops, to disrupt Church I shall begin by apeaking of the organisation and repress it be
tried to bring about another actual charges on which Cardinal
European tries of South East Asia from neath the lowest demands of the Mindszenty was tried. There were denied it, and the probabilities are war. He positively Communism. The current service of soulat Can the Pope be
aflent when a priest is imprisoned seven charges. The first may be all against it. The
he prosecutor
Lar put "Sedition"; the ate the briefly called idea is that South East Asia
because he refuses to violate
of tried," he said, "to make cert
certain should be regarded as
ahollest and most inviolable secret, second and third were charges of his argument like this: They
" (Huetlenseg). The United States oficials and agents 1947; that is to say, threatened area, rather as the secret of Holy Confession?
four charges were in belleve that there existed a strong writte "Ie two
all this perhaps an un-
during Western Europe
a poried when, wus
Atate years ago, and should be pro-authorised interference with the repeal was found guilty on allegitimist movement in Hungary, legally speaking, a
political power of the State? Who Cardinal
that our poopla hated the Govern-betwe
ver between Hungary and the U.S.A. was still aubaisting. Hungary was tected by a version of Mar-
this honestly? seven charges and was sentenced ment of the Peoples' Democracy could maintain
have already to life imprisonment
and that therefore a warlike step an "coupled country? throughout shall Plan specially adapted Your exclamations
answered these and similar ques- The first charge, that of Sed!-
would easily be successful, hoping the
U.S.A. boing, perlud, the to the region.
tions.
tion, was under section (1) of by such arguments that the Unitod legs
legally speaking, one of the ve- VII of No.
1941, "My beloved sons and daughters, Act
which says: States would start
Therefore, in a war in the
eupying powers. the Lord God reward you for your "It is a felony to commit an act near future against our country." law, there could be no question
in designed to overthrow the demo
It is easy to
USA to war or to suggest imaginary inciting the loyalty and grant you strength
motives. in a the struggles of the present and cratic state order or democratic
court of law hostile"
the Hun- action against the future. May He make you republic ret by Act 1916
1 of motives cannot be imputed unices
State, Ungarian initiate, load vigilant against the attacks of or to
afford or ford they are substantiated by facts. Moreover, quite apart frem it is the prosecutor these
these legal considerations, your enemies; may He enlighten substantial support to a movement The facts which with His glory the minds of these or organisation to that end." The appears to have relied on for perfectly clear from the letters whose eyen are still closed to actual charge under this acction this purpose were, first, the letter
otter upon which the prosecution relied truth; may He grant to the hearts on which the Cardinal was con- of authority given by Cardinal that the Cardinal's reference to
intervention" distant from Him the grace victed was that he acted as leader Mindszenty to Otto Habsburg on- "American of a sincere return to the faith and
organisation designed to abling him of an
him to represent Hungarian American aid" meant puroly and to the brotherly feelings whose overthrow the, democratic state Catholics in America; secondly, simply the use of the influence denial threatens the
order and the democratic republic. the Cardinal's request to the with
the with the Hungarian Government ap-
It will be noticed at once that the Americans to send the Holy Crown which the head of the United mankind. of
And
now let our plentiful seditious object of the Cardinal's to the Vatican, and, thirdly, the States Mission could, if he chose, paternal Apostolic Blessing des- Go-c
GO-called
organisation was alleged Cardinal's
letter to Minister have exercised by reason of being cend cend upon the whole city and the to be the "overthrow of the de- Chapin suggesting that America the representative of one power
various and there should buy mocratic stato order
Russian-three principal Allied Trudy: Roma focuta, cause public. This word "overthrow" is owned assets in Hungary. forming the Alliet Control Com fistita....
mission in Hungary at that time. If the civil wars can be end-
The supreine ecclesiastic and a strong word and implies nome-
The third charge was another thing very active,
the the ed there is certainly much moral authority of the See of St least of it. something
charge of "Disloyalty," this timo GO of Act II of the chief shepherd and nature that can be done economical-gardian of Catholic Christianity, within or of
from
under section intervention
1030, which says: ly for all countries of South
hos expressed unmistakably, in from without. 1 shall return to
There shall be guilty of the East Asia. They would be crystal-clear words, what Car-
car this point presently, but first of indeed very nalve. Nobody could
Just suitable candidates for de-dinal Mindazanty's real crime was, all let me mention another seriously suppora
by hard labour up to 2 years that the old along, of Disloyalty and punish- Just as the
n person, who having vélopment under President
Pope could not be word in the charge, namely, "or- would declare war on Hungary. silent, the Cardinal could not w
It is a matter
at that be(8) of What many people did (otherwise than by espion. possessed or aware of a Kanisation". Truman's Scheme. But the
refrain from speaking. His crime
whether the word "organisa-time
timo suppose was that the U.S.A, plan for them would not be a
that he carried out the
enn properly apply to a small might declare war upon or be age, or by virtue of his offeint pocket edition of Marshall eternal duty of the Church of
group of people
ple of very loose come involved in war with Russia. position) publishes this secret or Plan. Each country has dif- Christ.
Cardinal if this had occurred, the inevitable communicates it or the first
chapter of the construction Auch
Mindszenty
to be result fer
har Hungary
Leatherwise available to a person not would have ferent needs and problems.
enty Cano" is closed. The leader of. But let us assume Ter been that she would have found entitled to it, provided that the
opinion of the world has
act endangers the interest of the Russia's front
State." given its verdict on the Communist the sake of argument that Mind herself behind
The ondszenty's alleged Monarchist Group line. Far from declaring war on This folony is punishable by Hungarian State.
was an organisation within the Hungary, the US.A
would, in
penal servitude for life if it was the Cardinal's view, have even-
of for the purpose tribunat will be history itself.
tually
Hungary & communicating
a committed occupied
a secret to an Crucial Question
liberator. Whether this view was wo Hungarians will be ashamed The crucial legal question in right or wrong, popular or un- foreign organisation
authority of a foreign state or a and if it
"They hao little that get's the that organisation that this shameful attack upon whether
it in
consistent with
Mrs. human con- designed to overthrow the de- pop piece of evidence produced threat to
With resulted in a sorious harm or guld of it a" remarked the freedom of the
the Stewart of the Braes when aho overy piece
the Interests of Sience took place upon our soil. mocratic
by the prosecution on this chargo, state. Probably both these condi- eventually gave away a red flan- 1aps the world will ro- republic. But perhaps
The fact that Act 1 of 1948 tor
tions member that the hero and martyr who defended to the last
sentenced to nineties, In the view of the prosecution-eclares that Hungary is a ro.) were considered proved, for nel petticoat dating to the gay particle
the Cardinal Was Chinese be welded into one mind and of his heart our organisation which has the aim/ public does not, as the court ap- Imprisonment for life.
fully endorsed by the court any amanity and liberty and
pears to have maintained, mean faith
Let us sce what was really! rostering the
Cardinal in: monarchy is that it is automatically illegal to proved against
"The UNESCO study of sex at was also born on Hungarian soil,
form a movement to alter that respect of this very serious high altitudes is to be replaced Heroes and martyrs may fall in automatically illegal, whether it
by study of problems of a more the battles for Truth, but their pursues its aim by illegal means state of affairs. The law of Hun- charge.
or not. their
It was proved that in February world-wide nature," Itsolf permits previous strength
Кагу
agreed to supply Mr. Such ast very existence,
Even if this view were right, it victorious even in their tragic fall,
Chapin with
the reports on by or amended
proper const 1948 he prove more convincing than any can be seen at once that it by Act of Parliament to be
not be Hungarian political and economic would human words that Truth lives, passes the requirement of section tional means.
situation and the democratie par- hich against the Jaw of Hungary and works and can inspire them1 (1) of Act No. VII under which
the Cardinal was charged, for (though it might be foolhardy) tics, based on information from even on the road to Calvary.
the charge is that the organisation to form a monarchist party, and the clergy. It was also proved was designed to overthrow the to put forward monarchist candi- that such reports were conveyed to Mr. Chapin. democratic state order. It doe dates at parliamentary elections. It is a long jump from that to
In Cochin-China, the great need is land reform. Hong Kang and Java are heavily over-populated; their need is to develop light industries of the type which require much labour and not very much capital. In Malaya, the task is primarily social. How can the Malays and
nation? The problem of Siam is to readjust its economic system so that the Chinese no longer monopolise the econo- mic life. In doing this it must avoid reducing econo- mic efficiency and also anta- gonising its Chinese minority.
Western
could countries give very great assistance in
de the general economic velopment. The Governments of South East Asia should be especially encouraged to de- velop their social services.
was
second It
of Д
10 вду
l'etat
215
was alleged
will pass sentence. I believe that meaning of the Act.
the r until very end of our history
THE LEGAL ASPECTS OF THE TRIAL
By Sir David, Maxwell Fyfo, KC, MP
of
state order and
WAS
the
It done
are no more
All these things consistent with inciting to war than
with Cardinal Mindszenty's own explanation. Thoy therefore carry the case no further.
The prosecutor's suggestion is
any
the
makes
In fact
not follow in law that an organisa- Moreover, the very next section bringing in a verdet of “guilty.” tion which wishes to restore the of the Act under which the Car- monarchy is
is designed, to overthrow dinsi was charged provides as (To be continued on tomorrow) { An analysis of the trial of Car-the democratic state order or the follows:-
is It dinal Mindszenty by the Peoples' republic
"It in 6 tolong seditiously to every country which has
an
historical fact
These will offer employment | Court in Hungary from the point that from monarchy incite to a change of the State
If the intellectuals see an opportunity of life of crea tive activity in Government service they will be less like ly to join the opposition.
Most of the financial aid from the West to South East Asia would need to be by the Government. The total sum involved in any governmental plans for assistance to South East Asia would not be large if it was spent on specific projects, and £60,000,000 a year for the whole area would go a long way..
Wan
WAS
for
a
to order or Republic."
As a
that
For. the reasons I have given. nee how the Cardinal
on this first charge.
Objective Analysis
in State Service to the mid- of view of a legal critic is not
This section shows quite clearly dle class and intellectuals concerned with the much-discussed public there have boon people who withed a return of the old question of whether the Cardinal
there is nothing wrong under of their societies..
without it ever crossing Hungarian law in inciting people Communist movements in subjected before the trial to ways
or mental pressures or finger to overthrow..
their mind that they would lift a to change the state order or the
the existing the East are usually led not whether he was given
republic, if the incitement is not by peasants or workers, but whether he was hypnotised. To regime. To wish for a return of seditious, thine is to say, 14 t who heard the broadcast the monarchy (however unpopular does not propose the use of un- by frustrated intellectuals, cordings of the trial it must
have such
such a wish may be A quita
ulta constitutional methods. This lands been apparent that the Cardinal consistent in law with having no further strength to what I said was fooling physically and men- intention of restoring the mon before, namely that the charge until the roof intending to "overthrow" the tally exhausted. Indeed, at one archy unless and
mble hasS quito inde
independently state order or the republic means paint. In the trial he told the rublle Judge no. I shall, however, analyse come to an end. This is the
intending to do something actively, explanation that Cardinal Kind-illegal to bring about the down- szenty gave in bla defence. from the outside. Money in- lawyer it is impossible for me to the aiste order or the
that
court must necessarily republic. vested does not therefore accept any explanation given. The cannot need to be spent on keeping giving of the explanation, however, could in law be properly convicted life going but can be used underlings the
ho necessity of the gvidence that genuinely for development, prosecution bringing
The condition needed for the
organisation was designed the success of an economic actually to overthrow the republic. I have naturally wanted to make my legal analysli as objective as This they failed to do. plan is political stability but There was evidence that the possible, and I have based it upon European the broadcast resordings of the when the plan starts to func.
possibility of another tlon some, at least of the war was contemplated, by the trial and upon the "Yellow Book." (as in- am not able to say what other There would be no question dangers of Communism will Cardinal and his group
WAY! and of diverting capital from be lessened. The initial step deed at that time it was contemneridence there was which has other parts of the world is to end the civil wars, and plated by millions of other peo-heen published in those wa
ple and
It was only a reasonable which is therefore unknown to 1ac, where it is urgently needed. that is of such importance deducilon from the study of but I must assume that if there history that it auch had been any more cogent ovidence Governmental investment in that Western countries should European South East Asia would be a neglect nothing, they can do a war had happened there might the Hungarian authorities would sound proposition because to this end. The economic in-have been an end of the present have taken care to publish it to The second charge was a charge basically the region has a tercat of Britain in peace and Hungarian Republic, a vacuum the world
which had to be filled with the sound economic position. It prosperity in South East Asia least possible delay by some form of "Dialcyalty" under section 48 does not need to buy its food is clear.
of government which could savo of Act III of 1930, which waynı
}
που
Soon they'll be "de facto" And you'll be de trop!
Sure, we hate to do it We'd a liked you'd won, But we can't let friendship Buck our business, son!
How can we deal with them Knowin' that they're Red? Say, bo.. Don't you listen Everything that's said
Reds who swipe our markets They're the ones to smear. (We go round the prospects Fillin' 'em with fear...)
But with Reds like these guys We will string along... Half a billion buyers,
Boy, just cain't be Wrong!
Keep on plichin' Peanut, Cookin' up new schemes, We'll be in there with you, Yes, sir...In your dreamsi
•
•
*
•
Ah! Citizens will have a say Or know the reason why Onco Mr. Jones has gone away And we've our Bovan Nye Those badly run utilities (Whose shares were greatly
prized
By specialiats in public squeezo) Will then be "nationalised".
PHILIPS Crema
Perfection in Sound & Projection
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