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CHINA MAIL
'Gloucester Arcade
No. 36043
COMMENT OF
THE DAY
Formosa: The Legal Tangle
PART from the
A fortunately
retion
un-
abrupt re-
by Peklog
of
the New Zealand proporn! for China war censefire,
It was a pity the UN
solution should have come entangled with lexus
re-
be-
the
and politieni Isaues
of the status and future of Formoan. The raising of the Issue, however, invitea) comment.
The Peking government hold
that the treaty by whleni China reded FormoeH 10 Japan in 1895 was annull, ed by the Chinese sleelavn tion of war on Jupra, and that thereupon Formosa again cam4 legally under! Chinese sovereignty. That is doctrine stranger in
international IK W.
£-514-3
Established 1845
TUESDAY, FEBRUARY 8, 1955.
Price 20 Cents
RELAX IN
NDAKS
THE FANERS COMPORT IN ACTION TROUDERE
Whiteaways
ORG HONG 1 KOWLOON
7TH FLEET BEGINS EVACUATION Joins Tachen
Operation At
Tachen
To
Last A Week
AMPHIBIOUS FORCE
IN ACTION
WITH THE SEVENTH FLEET, FEB. 8.
EVACUATION FULL-SCALE
OF
THE BESIEGED NATIONALIST CHINESE The ISLAND OF TACHEN GOT UNDERWAY
Cairo relaration of 1944 AT DAWN TODAY.
is proof that 11 WILN Gol then acvented, Fur i
had been there would have
bron n swension to a
of
The first of approximately 14,000 civilians who will leave their island home
"restoring Farmon began boarding small landing craft which ferried them out to larger vessels for the
of Chian."
the Republie Apart from this, there
seems to be generat agreevoyage to Formosa.
ment that 1212 to the moment "[ coming into force of t
treaty pence
Most of the evacuees carried with them Ja bundles of household goods and treasured
family possessions.
Formosa.
though by venimos consent
of all the victorious allies was placed under the ad ministration ol Chinny Kai-shek responsible to the
2011 whole body of the powers, juridically under Japanese auvereignty.
nevertheless wies!
What then in The legal position since in the pence "renounced realy Japan
all right, title and claim to Formosa and the Pesen- dores? Who then succeed.
the title
arid sovereignty ін the real puzzle,
+
ONE
NE of the most eminent of international lawyers, Dr
holdsi Schwarzenberger,
that "other parties to the peace treaty had become | co-sovereigna of Formosa," but there are obvious obj Jections to this conclusion. The peace treaty merely Title removerl Japan's without making any altera-
in earlier Lions
arrunge ments for its administra tion. It is reasonable to conclude, therefore, that it left untouched the position by which it is the former allied powers and not the trealy Japanese pence
behalf powers the Nationalista administer Formosa,
on
whose
Dr Schwarzenberger cites the parallel of the cession of in 1919. German colonies but this
appears
to tell
against him. The Versailles Treaty specifically trans-
ferred sovereignty over German colonies to the
In Washington, a White House spokesman said President Eisenhower had received no reports of any "trouble" in the evacuation operations.
ACTIVITY
AT RED AIR BASE
ده
With the 7th Fleet, Feb. 8.
Amurrican forces jumped
the alert today Seventh Fiet radar s413 revealed heightened Com
the activity SILUETRÁNĚ Reds' Ningpo air base only
Trade" ff (113) Gua Tachen Islands, from th
The powerful force of carriers
Fl
US
ul
We T waiting watchfully within striking distaner
the island ready to launch its jet planes shonid
Communist jeta ZOAL doion front Ningpa in a
break up the attempt to Nationalist evacuation,
The Communists so far kare aroitied any clashes with US forces,
Fleet ractar operators, however, reported a "hus- tle and bustle" Com- munist bases neur Ningpo on the China mainland.
There was no oficial
comment
the Con
Hist air activity OULY
the mainland and no i dication the Reda were air attacks planning any
DM
the evacuation opera- Hon.-Untied Press.
principal allied and Planes Driven
powers."
The
associated Japanese treaty did nothing annulled of the kind. It Japanese title to FormioN.L without naming a successor. Juridicully it seems to have left a vacuum; to have left the island under no sover- eignty at all.
or HA
B
BOVCI-
Off, Claims
Peking
Tokyo, Feb. 8.
The Chinese Communist
srid force, dozen
The high Navy Burce that the amphibious onsisting of about wo ships with a empacity for 20,000 to 23,000 evacuces, moved intu position for the following mino
operations.
evacuation sweeping
orders
of
He said the ruine- sweeping had been in progress since the evacuation were issuta on Saturday.
The source said that ali the estimated
pernotts 32,000 on the Tachens 10,000 Army regulars, 4.000 guernias, 18,000 civilians should be loaded within seven days.
7th that the He estimated
21 have would Fleet
daily
ร่า average of about 130 ships the evacuation operation,
The main force is Task Force Admiral S.C. 77
Reur under Ring which is in position to the cape with any opposition Red Chinese might offer.
77
The source
said Task Force aircraft carriers, has live one-third of all the big carriers now operation.
in
NOT TO PICK FIGHT
aeroplanes Their
are in- structed "Bol to pick a figh but not to allow themselves to of lactico! Zet into a position dieadvantage."
The Nuvy has received no
of report
Red Chinese anti- directed Bre being aircraft
source against its planes, the wald.
Princess Margaret In
Trinidad Sunshine
In glaring Caribbean sunshine, Princess Margaret, wearing pale beige taffeta dress, walks from the Strato cruiser Canopus with the Governor, Major-General Sir Hubert Rance (right) on her arrival at Piarco Airport, Trinidad, to begin her month-long tour of the West Indies. Also in the picture are Capt. P. Clough Fair, Canadian pilot of the Canopus (background, left) and a member of the Princess' Capt. Oliver Dawney,
entourage. Reuterphoto.
Commonwealth Talks
ANOTHER SECRET
SESSION
London, Feb. 1. The Commonwealth Prime Ministers decided today to conference Mere extend their
for a further top secret session tomorrow 1711 the Formosa crisis, usually well-informed
sources said.
The statesmen had been du? to wind up their Formosa falks tonight and hold
last Le plenary session of their week- long talks tomorrow morning. Now the plan is to start the carlier Than morning session
Memel mod diamuss Fo.moea 121
the afternoon.
Operation
The aircraft carrier, USS Midway, which has joined the US Seventh Fleet at Tachen.
Friday Is Pinay's Deadline
M.
Paris, Feb. 7. Antoine
Pinay,
Diplomalle quarters suld Uris France's Conservative "busi-
Colonial Rule Defended
London, Feb. 7. The House of Commons was probably because the Prime Ministers are waiting the out-nessman" Premier in 1952, tonight passed unopposed a come of consultations with the sald tonight he was con- bill to make another £80 United States, which had been ident held up by the absence of Mr John Foster Dulles bn holiday.
that barring "un million available for develop- expected difficulties" hement and welfare schemes would be able to present in the British colonies over Secretary of new government to the Na- the next five years, bring- tional Assembly on Friday, ing the total to £120 million. He was speaking after lulks The bill now goes to the
top government oflelais House of Lords,
During the committee stage-
The American Stie returned today and re- ceived in turn Sir Leslie Munro, New Zealand's Ambassador, and Sir Roger Makins, the British with envoy. It was New Zentand which and M. Pierre Mendes-France. Inillated the Security Council the one wolf' Radical whose when it was debated clause by Labour opposition government clause--the move to bring about a ceasefire eight-month-old
sought to reduce the number of in the fighting for the Naft on Saturday.
to three and tionalist-held islands.
M. Pinay said he had thought years from dive he could
new thus make more money available present his
But Ita omend- The Commonwealth statesmen government on Thursday, but for each year. are unanimous in the view that President Rene Caty was giving ment was negatived without a the coastal islands
on official reception to parlia- vote.
In a discussion on social ser- tegral part of China conference mentarians that night. sources said.--Router.
M. Pinzy who has not yet had vices in the colonies, Mr Charles
with
the chief party Boyle, Labour, said he hoped leaders, made no comment on a Princess Margaret would see in long meeling he had today with Jamaica some of the things he
had seen there, M. Rene Massigli, former
In one part he saw thou- French Ambassador in London annds of tin dwellings with very who is now permanent head of little in the way of water supply
Omec Foreign
are an In-
Dulles Doesn't Think Peking
Will Go To War With US
Washington, Feb. 7.
The Secretary of State, Mr John Foster Dulles, told the Senate Foreign Relations committee, today that he doubted whether the Chinese Communists "really intend to wage war against the United States" about
Formosa.
In a prepared statement read to the committee behind closed doors, Mr Dulles called for early ratification of a mutual defence treaty with the Nationalist Chinese regime on Formosa.
Failure to ratify the treaty, Mr Dulles said, would result in "grave conse- quences” because such an act would be accepted as wavering by the United States in the face of Chinese Communist threats.
doubt that the
Communists really intend
the whith barred Chinesc Naticecilots fran launching cu attack on the China mainland, which would drag the
afi out) into an United States war.
APAL
talka
the French Heuter.
DUKE OF KENT GOES SKIING
Vienna, Feb. 7. The Duke of Kend arrived at Kitzbuchl, a fashionable winter sports entre in the Tyrol last night for a skiing holiday.
The 19-year-old Duke took modest boarding a room in
where his
and
house"
room
und sanitary arrangements,
where thousands of Jamaicans were compelled to live.
Mr Mont Follick, another said Britain Labour member, had nothing to be ashamed of in her colonies.
Speaking from experience in extensive visits he said Britain might have exploited her torti- taries but she always put some
thing back to replace what she took out-Reuter.
breakfast will cost him only 14 BLIZZARDS IN
NORTH ENGLAND
shillings a day. Reuter,
Prison For Killing Sweetheart
Versailles, Feb. 7. A "Umid and highly meral" young Frenchman today was Mr Dulles said today that in sentenced to seven years in pr
the Pescadores treaty self and Chinese Formosa
to "re not a subject for barter is United part of some For Eastern deal against the wage wi States unless the United States with the Chinese Communists,"
bil The Secretary said that under abandons this treaty with
which the circumstances would im- the that abandonment
Chinese Communists themselves "Mr Dulles said. Inter ply,
the had deliberately created, failure doubt that
are to conclude the Formosa treaty Communists
the have
"gravest
7th
the
said He also that
if anti-aircraft is aimed from coastal island, even miles north
of the Tachens, the guns would be silenced.
that said The source Red
Chinese did, not, in opinion, have the capacity "challenge" the 7th Fleet in evacuation mission. United Press,
re-
In
Ke said it was his
I do not pretation of orders to the Fleet that any attacking planes Chinese would be pursued by US pilots probing our resolution. They no would
long as they think they doubt hope that we want peace consequences."
It would at once endanger the that we will can get them, "
to dently
their entire non-Communist position in the face of
the
Pacific and treat
Western threats," Mr Dulles added.
Southeast Asla, he said. It *It is true that we want peace would stimulate the
aggressive and that we do want it andently.activities of international Com- We do not want it at the price munism everywhere and would his of our security or of our honour. grievously hurt the interests of
"Indeed, experience shows that free peoples everywhere. those who try in that way to eluding that of the United States. buy peace in fact only increase
danger of the ultimate They encourage the aggressors to make evermounting demands, so that in the end there is no
to fighting." alternative
was The committee session
SOVIET DEBATE
Moscow, Feb, 7.
to
its
wat.
"UNTHINKABLE"
-in-
London, Feb. 7. Icy blizzards swept
across Northern England and Scotland today ending the past fortnight's "Little spring" and covering parts of the county, with deep snow.
Snowploughs were out clear- Hain fell in the South, 10-
Londom
Router.
the
an exchange of notes between son for the slaying of his blonde ing the main roads. himself and the Chinese Minis British sweetheart because she ter for Foreign Affairs, follow- demanded too much affection.- cluding ing the treaty signing. it was United Press. agreed, that "offensive military operations by either party from the territories held by the Re- public of China would be under- taken only as a matter of joint agreement.
"He said this was obviously a reasonable and carnest under- standing
unilateral
*because
offensivo action by one party might throw heavy burden on the other.
au-agreement congressional
Mr Dulles said such a course
Mr Dulles said it had also was unthinkable.. In the face of
and been agreed that military ele Communist probing deeds
United ments which were the product blustering words, the
should remain States
calm, of joint effort and contribution in would not be removed from the IN fact, however, its
government, claimed today Mr Vyacheslay Motolov, held in private but Mr Dulles's but it should remain firm
treaty area to a degree which eignty is simply in
Its warplanes drove Ameri- Soviet Foreign Minister, is ex-statement was made available to its purpose.
He said it was possible that would substantially diminish its Str Win- auspense,
and defensibily umitas by mutual ston Churchill phrases can aircraft away from the pected to speak tomorrow in the the Prees.
FIRM ASSURANCE -- ratification of the treaty the Soviet "parlia- In it he declared that approval the recent "undetermined." But that area immediately north of opening of the foreign affairs
for the now the Tachen Islands on Mon- debate in
President to of the treaty would provide firm thority today passed a ment", which concept raises
Formosa
the and dimculty. If sovereignty is dav.
China and to the world that
Pesoedores would together The claim was coupled with budget increasing delenco ex-reassurance to the Republic of defend how is it "undetermined"
penditure-Reuter,
"create
a situation in which bo redetermined? If an official warning that "if the
tho present warlike mood of continue to carry
the Chinese Communista may there is no present holder US aircraft
provocations they out military
Bubsido." of the title, who has the must bear nil serious con-
Noting that the United right and by what author-sequences arising therefrom."
States sold hot1.
had mutual security A high US source ity to confer it, to nominate
in-
treaties with other nations a serious and appoint Japan's legal did not believe
cident would arise out of air Buccessor?,
Tachen during the
to
Here then is the legal tangle. Islands evacuation, "unless the bo Communists get cocky and sink
In due courao it may
thrown back on the United a major US navy vessel."
Nations to straighten
out He said minor clashes, dire
the complicated issues in- warnings" from Peking, and
volved. But also
borne
In mind aro
of worda
to be even isolated serial buities might
occur.
if the Communials try to the block the US-protected Na- Mr Herbert Honalist evacuation, but "ure are Morrison when, as Foreign getting used to this sort of Secretary, he said that it thing, and it doesn't start warn was clearly desirable that any more. the wishes of the inhabit ants of Formosa should be taken into account." Mr
Sinking of a US ship with the loss; of hundreds of lives might produce a more violent reaction, by the US people, however, just Attlee's more recent ng US air attacks against the gestion of a plebiscite is Chinese mainland might force not without its sense of Peking to fight the higher:
officer said United. Press. appropriateness.
Young Buddhist Novice Reassures His Mother
London, Feb. 7.
of the The mother young British soldier in
who Malaya
yesterday of a took the 00108
novics today Buddhist received a cable from him..
"Nothing saying? worry about."; /
to
The cable from Sapper Erie Holland, who is 20, added: "Please withdraw objections. Causing dis
At her home on Barroso in-Furness, his mother,
Mrs Doris Holland, also received letters from Buddhists, throughout her England, assuring that Buddhism is not a religion ele need mistrust. 'MTB' Holland today dented reports that sho had protested to the army about her son's, renuncia“ tion of Christianity. But said she proposes to sorite to an army schoolteacher in Kuala Lumpur, named Mr Ken Mudford, whose address, hoz; been sent to: "her-Router
the
and
This meant, he said, that if the United States granted sup- plies and equipment for the forces on Formosa er had alded in the training, support equipment of armed forces, the resultant strength would not be removed from Formosa to other areas without United States con- frent because the United States the Western Pacific, Mr Dulles might be required, continuously said that under these circum to replace what had been in- stances the omission of a treaty tended for the defence of For- China mosa. with the Republic of began to take the significance.
In addition to protection for "It was suggested that resson for this omission was Formosa and the Pescadores the that
the
United States desired treaty would cover "such other 10. keep open the possibility of territories as may be determined
and by mutual agreement" trading, Tolwan (Formosa) and Communist the Pescadores to
Mr Dulles come to the Senate, pr China as part of a
general
eral Committen efter he had lement la
that area"
ares" he said. cited the Far Eastern situation ignoble mazgestions were this morning, in separate con-" moralo and ferences with President Elson- damaging the pratige of the Republic of Chioshower at the White House, and they reflected on the the British Ambassador, intercity, anda balibur v of the Toger Making, and the New | United: Blater,"
A Zealand Ambassador, Sir Lalle Some critics had contended Khox Munro my the that. White Shaw, nasikang i des, the Department kisitar.
State
aret
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