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THURSDAY, OCTOBER 7, 1948.
PALESTINE STILL A CHANCE OF
MEDIATOR
Dr Ralph Johnson Bunche, acting United Nations Mediator in Pales tine, since the death of Count. Folke Bernadotte, is continuing to carry out the Count's policy not to re- quest personal protection in strife-torn Palestine. The American Negro professor is calmly keeping the lid on the Holy Land truce spite of warnings from Jewish terrorists that he is
in
the next man marked for death-AP Picture.
SETTLING
THE BERLIN DISPUTE Russia May
Western Powers
Offer
To
Make Russians
LIFT BLOCKADE REQUEST
Paris, Oct. 6.-The United State; and Britain today offered the Soviet Union a reasonable way to end the Berlin crisis, but vowed before the whole world and Mr Vyshinsky, never to surrender to Russian coercion in Berlin.
Mr Vyshinsky heard the United States offer to attend the big four council of Foreign Ministers mecting on German problems the "moment" the Berlin blockade is lifted. He also heard the pledge to stay in Berlin.
time
America's delegate, Dr Philip Jessup consumed the entire morning meeting with an 80-minute indictment of the Soviet Union. Britain's polished old diplomat, Sir Alexander Cadogan, opened the afternoon meeting with more of a general and less detailed statement which gave "full endorsement" of the American statement.
France's Alexandre Parodi, join-} ed them Inter today in the same complaint against Russin and in the same offer to the Russiana of way out of the Berlin crisis.
Д
The West's position was in effect | a willingness to drop its charges against Russia and begin immediate big four negotiations on any of the German problem the "moment" the blockade is lifted.
Bul
if the Soviels persist in the blockade, the West will pursue ils programine to have the majority of world to brand Russia as the aggres- sor and a threat of peace.
but
DENUNCIATION
Sir Alexander denounced enimly,
firmness with
Russia's forcible... "unilateral....iflegul.
nction
and the use threat of force and duress oxainst her allies in Berlin
BACK TO WORK | arbitrary
Rome, Oct. 6. Rome's 14,000 municipal workers whose 10-days old strike had threatened the city's milk and meat supplies resumed duty today. This followed an agreement under which the Municipality gran- ted an advance of 12,000 lire against the month's extra pay which the workers normally received nt
of
But he also, at the last minute, added two pages to his prepared address, deploring the Russian de- cision to refuse to participate in the Berlin discussion even though their delegates are attending the meetings.
SIR ALEXANDER CADOGAN
and
if one
"Is that the way by which the Soviet delegation seek peaco understanding?
"How can we progress toward a of the difficulties solution porty refuses to join the discussion? the I fear that too often on A condition of the settlement was are already made up to refuse ne-short history of the Security Council *Thul negotiations for sulary increases | quiescence in anything that this that we have seen parties to the
should continue.-Reuter.
Council may recommend?
Christmas.
EDITORIAL
Sir Alexander said: "Have they no arguments or is it that their minds
Security Council's Dilemma
RUSSIA
on
A
in going to have to do wid the nothing Security Council, discussions the Berlin dispute. Tist La understandablo In view of the Soviet argument that Inclusion of this.controversial subject on the Connell's agenda is illegal under the Valtaand Potsdam scree-
Any
willingness ments.
Lo recognise the debate by participa- tion in it would be tantamount to their the truslans repudiating own original viewpoint. Never- theless there are signs that the Soviet boycott does not mean walk-out. Mir Vyshinsky. it would appear, is going to attend the debate AS on observer.a “distinction with an Important difference. For Russia to walk out of the United Nationa would constitute a wellnigh irrevocable move--and Soviet diplomady only allows for that as a last resort. Moreover, it must be confessed. Me Vyshinsky, possesses a joker which may yet beat the Western -powers' ace of · trumps: . Ihat is, Security Council, whether the Assuming it dreldes on the evidence to find Russia zutity of compromising the peace of the world by its polley, and actions, tr Berlin, will to any further than
farmal
The reprimand.
tako refusal of the Russfans to any part in the debate can make bul small difference to Its course, for the Soviet defence has already been relterated before the General Assembly. And even the avidence of the complaining Western powers will largely be repetition in the light of Mr Bevin's recent address to the simultaneous Assembly and the publication of the three-power notes disclosur
detall the Kremlin talks and the breakdown
A
uf
search
CX-
-001
The sudden decision came after a day devoted to formal presents- tion of the West's indictment of Russin during which Mr Vyshinsky, the Soviet delegato, attended the sessions apparently for the moment, (Continued on Page 5)
Play Ball
Berlin, Oct. 6,---Well- informed Western sources sald today there was a "fair chance" Russia would accept the Western proposal to end the blockade of Berlin in exchange for an immediate meeting of the Council of Foreign Ministers on Germany. However, sources were sceptical that there would be any advant- ages for the West.
"Why shouldn't 、Russia accept? The Soviets still would be in a position to clamp a blockade on. again any time it suited their purpose," said one source.
A high American Army official said he did not anticipato a farmal an- nouncement if the blockade were lifted.
"Traffic probably would simply start moving. Or someone in the railway administration might call to osk why we and the British have not started moving at check points along the Soylet zonal frontier." United Press.
"Grave Defeat" For
Malaya
Insurgents
MALCOLM MACDONALD'S CLAIM
Singapore, Oct. 6.-A few hours after Sir Henry Gurney had been installed as High Commissioner to the Federation of Malaya in Kuala Lumpur today, Mr Malcolm MacDonald, the Commissioner-General for South East Asia, stated that the Communist insurgents had recently "suffered a grave defeat."
In a broadcast over Malaya Radio, Mr MacDonald said that since June, 187 terrorists had been killed and 158 captured. "Of "this" "total, 332 were Chinese-and only six Malays.
"Most of those Chinese," he said, "were not born in Malaya but were immigrants with no loyalty to country."
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Cowie Awarded Decision On
A Point Of Law
Breach Of Natural Justice
Giving his written decision on a point of law in the Cowie Case, which was fully argued on September 14, Mr Justice Gould (Acting Puisne Judge) in the Supreme Court this morning held that it was open to William Henry Cowic, ex-Sub-Inspector of the Hongkong Police, to rely upon a denial of hearing amounting to a breach of natural justice as defined by the decided cases.
The action was brought by Cowle against the Attorney- General for alleged breach of contract for wrongful dis- missal. On September 2, Mr Justice Gould decided that Cowie was estopped from saying that he was not guilty of misconduct.
Following that decision, Mr Brook A. Bernacchi, `In- structed by Mr H. Y. Chan, appearing fór Cowie, asked to be heard on arguments in connection with the case as to whether it would be open to Cowle to raise in the action the question of breaches of natural justice occurring in the proceedings before the Board of Inquiry. (Cowie's subsequent dismissal from the Police following proceedings before the Board).
schise.
In his judgment this morning, the cases of cross estoppel. The latter Acting Pulsne Judgo held that the is not relied upon in this case and, affirmative answers which Cowie as I have said, there is no allegation may rely upon were not limited of fraud in its ordinary those involving an element of mala Counsel for the plaintiff, however fides but that if anything he alleged rolles upon the very wide meaning emounted to the
plea that he had
had given to: the term for this purpose been denied which had been held in dent by Spencer Bower, At, page 154
bearing to the
the stater:
one
"The fraud necessary to destroy A ka prima facio, caso at estoppel by res judicata includen every variety of mala Ildes, and mala praxis. whereby of the, parties, misleads and deceives the judicial tribunal, and almm ADY form of Judicial misconduct practised 'by the tribunal itself, with or without the engwurrence, and connivance of a party,"
cases to amount to a breach of natural justice, he was entitled to rely upon it în these proceedings. Nothing less would suffice and no other answer ·way. open to Cowie save any quesilon "of jurisdiction not already adtermined against him:
Mr A. Lonsdale (Acting Solleitor
for the
and at page 159:
+
General) 8RWAR gratioITICW., “The fraud:may have been practised
General
Giving judgment,
„Þe,"hol“ upon, Big,, tribunal, using the faith mud in its largest sanso, 10 his Lordship
da to ineluia judicial misconduct, such -am that of 'n "juder. In sun causa, or
of one de.
'qui" statuit pisquid. parte Inaudita altern"."
said:
In this case I have already elded" In 'favour of the defendant question whether, assuming the
the
procedings by the Ponularly con-
Counsel for the plaintiff claims that this view of judicial misconduct
01
15% wido enbugh to include, in to have been ducted in accordance with the irregularities ho seeks to set up gulations, the defendant's plea that mala fides of any sort in the tribunal. this case. No one will dispute that. the finding of the Board was res
facle Judicalo was prima
any form valid. corruption, blas, or That
decision left open the question pecuniary interest will efford. an whether the irregularities alleged by airmative answer, and in fact the
authorities
above the plaintiff - in "hla” statement:
quoted for tho claim and the further particulars passages by the learned author in delivered,
established, would respect of the passages quoted above afford him an affirmative answer to go no further than this. Doe d that plea. This further point was Davy V. Haddon (1783). 3 Doug!
(K.B.) 310 was a set down for argument in what
caso a criminal
ol now consider to be an unfortunate charge of the
corruption against one of form:
the Judges: Price v. Dewhurst "Whether the question of any (1837), 8 Sim, 270, a one of "gross Cammell v. breach of natural justice in the pro-judicial misconduct"; Mr MacDonald said the uprising and a Malayan woman and wounding ecedings before the Board of En Sewell (1858) 3 H. & N. 617 in which the word "traud" is used in its or- was "engineered by alien thugs and international' Communists who are One of the terrorists was killedquiry can be raised in this action.!
The question being in this form, dinary stase, Importing mala) Ades. his own Sten gun by the I think the only maiter I can use- the agents of foreign interests and with
COMMON PHRASE powers." The peace of Malaya was special constable's son who attacked being disturbed by between 3,000 him barchanded. A second terrorist fully decide having regard to the
In dealing with matters which do pleadings and the argument as it Wag also killed
another and
answers and 5,000 terrorists, he added.
developed is whether the plaint is not constitute affirmative The Commissioner-General sald wounded-Reuter,
entitled
to rely as an affirmative Spencer Bower points out that the answer upon any matter not in- phrase "breach of natual justice" the terrorists seemed powerless to mount a major offensive and In had been unable to four months establish a unified command.
SLOW PROCESS Gangster bands
operating were
a Chinese.
Waycross,
Ut
Q
coming to this table hibiting little desire to adjust con- fileting
views and making im- statements of their own moderate case und-worse still-attacking ond Imputing base motives to the other side. Too often wo have found cet- tuin delegates refusing their direct
for peaceful notion under
operation proposes
Chapter VII
solution.' of
United the Nations
14 Charter
be will
NO DURESS NEGOTIATIONS thwarted by the Russian veto. If
refers the subject back to the He expressed "great regret" ut Four Powers it will be, in effect, Russia's "non-co-operation". But he supporting the Soviet contention
that Britain promised the Council
SUPERFORTRESS volving some form of dishonesty or has frequently been used in cases that it is a
maller which
troud Matters involving the latter where a foreign court has not pro- can was prepared to place itself "in the only legally be dealt with
have frequently been described as perly summoned b'party before it, by hands of the Council" and carry
EXPLODES
breaches of natural justice and ad- or where there has been "Judicial the those powers. It refers
out in good faith any resolution it
or in an affirma- misconduct in a foreign, provide mittedly dispute
back to the
adopts." General
tribunal, which Oct. 5-Ativa Georgla, Like Dr
plea of res English arbitral, Assembly it will be talked out of
Jessup, Sir Alexander.
answer to
bo described as existence by the Soviets and their stated emphatically "there can be without central direction or plan, B-20 superfortress bomber carrying judienta but they are not alleged in may, no doubt,
contrary to natural equity, in the exploded this action. equipment no negotiations" with Russians un he said, but the process of cleaning confidential satellites. There remains, it has
of spirit
statuit Seneca's "Qui been pointed out,
der conditions of duress which the them up would be slow. Another
TWO MAIN CLASSES "like A thunder clap" over the edge
oliquid, -Parte Inaudita altera, In order to ascertain what further Acquum licet statuerit, haud sequus decision, but one which carries such
Ho with it the possiblllites of
ridiculed 03 inconsistent One criticism of the authorities of Waycross today, killing eight
members of the crew.
affirmative answers may be relied ful" The learned: author concedes to blome Russia's attempt
the had been that they had not dis dangerous repercussions that li is
Four of those aboard jumped out upon after matters involving mals that both of these classes of cases blockade on "technicalities" or cre- nrmed
organisations extremely doubtful whether the
all guerilla
but in ides are eliminated, it is convenient will negative the estoppel and landed safely in a farm field. been liberated. Council will feel justified in dit it to "defence" against currency after Malaya had
The fuselage, trailed by a wing to reter to Spencer Bower on Res the first case on the ground ono no reform.
This fime, he promised, taking such a drastic step. Under
tribunal cx- the
concerned had the Charter the Counell can apply Sir Alexander said: "These allega- would be allowed to hide weapons and other bits and pleces, fell into Judicata at page 153 where he
the soft mud ringing a swamp.
(Continued on Page 5) presses the view that all matters wide coanomie sanctions and the tions are unfounded Indeed for future use.
Prime Ministera of the Four bodies were found in the affording an affirmative answer to The severance of diplomalle relations. events have shown that each new
such a plea, prima facie good, fall Any such action must load
restriction *ns part of w de-Malayan States anally attended the fall and four others half-buried in
into ono or other of two main clustes. Russia's self ex-communication liberate coercive *plan ....._.. un] installation ceremony in order of the mud.
werd The survivors said they
The first class comprises cases where from the family of nations. The action taken by the Soviet Govern- precedence, after they had protested unhappy choice which appears to ment amounted nothing less than last night against the proposed or ordered not to discuss the plane or there is an allegation of fraud in its
widest sense, and the second Ile before the Becurity Council is the exercise of illegal pressure upon der af arrival and the arrangements its cargo Reuter. whether to MAKO moderats His Majesty's Government in fur- had
een amended. recommendations which can only
therance of its political and econg- The Sultan of Johore adhered to
· leave the slluation unchanged, or
mie objectives."
decision not to be original to make the Berlin issue a test of the Council's alrength us an executive · body representing International right and justice.
10
To decree that the Russians must Ilit the 'Berlin" blockade, Immediately restore four-power control of the
German
capital, and must respect the legal status of the Magistrat will not to
burden sumolent. The
which rests on the Council is to decide how such decrees,
If they are
made, are to be enforced." The Suviels may be prepared
细 respect majority opinion and conform to the Council's Instrus-
tions, but this seems unlikely, in view of tho Kremila's · Inslatenco thai Nomia is behaving within her rights, in Berlin. Perhaps the best that can be hoped for is that the Rasalarıa will, at tho Kon-
last minute,' 'revent a mora Bon- ellatory frame of mind enabling the problem, to be settled once and for all by the disputants 'without fpriber Faction being Macessary on the part of :: the United Natoj,
of the subsequent Berlin ferences. Of, greater Boportance will be tho đècialons resched - by the Security Connall after the. case of the Western powers has
'Tally been
The presented. Council munt, faced with a
of necessity, be
dilemma, är 45°
blockade creates.
.
his
to
He accused the Russians of ca represented. tering the recent ilirect negotiations The new Commissioner told the without good faith. He said: Docu- gathering that, as a newcomer ments show conclusively the inten-Malayo, he would do his utmost to tion of the Soviet Government in know and understand them. entering on the discussions was not
to reach any settlement of the mat- at issue, but is secure those samo political and economic advantages in first Berlin which it had in the planned to secure by the imposition ef tha blockade.""
COUNCIL ADJOURNS
the Berlin crials.
PATROL AMBUSHED.
Ten Gurkhas were killed and nine wounded when Communist insur-
ambushed a patrul gents Lintang, In Peruk, last night in Southern Johore, two Britlah soldiers
near
Jews & Arabs May Settle
Palestine Issue
:
are
Paris, Oct. 6-The Israeli Foreign Minister, Mr Moshe' Shertok, told a press conference today that there was a very strong possiblity of the Palestine issue being settled by direct negotiations between the Arabs and Jows.
Meanwhile, the Arab bloc in the He said that it was a question
of the Devon Regiment were wound- of time" until they moet to settle United Nations charged that Ber- ed in guerilla fighting yesterday.
that
FIRE CON
HK SHIP
Fire broke out this morning in the No. 1 cargo hold of the 88 Hing Sing, 72 hours after the ship, had been detained by the Chinese Maritime Customs at Taishan, just outside Hong- {kong waters.
The fire is confined to die hold where a considerable quantity of contraband has been located, mostly medicines.
Because it is believed that carbide
steam.
cruiser
The ambush occurred 20 miles differences. He said that Imach nadotte's recommendations for nix also stored in the hold, the fir The Security Council recessed its
The Bing Hing salted from Hong- "trint" of Russia late today probably north of Ipoh in the unsettled Sungei was unable to accept the Bernadotte separate Jewish state meant "a new can only be fought by pumping in
The Jews carller announced their until next week to give the Soviet Siput. area where three European report "even as a basis for discus- Munich for Palestine."
to give Negev to the Arabs alone opposition to the proposals to give kong at 8 o'clock Sunday night and Chinese chance to accept the Wes-plantors were murdered in a wave of alon" and thought that the proposal Union
WAS intercepted by | terrorlam«last June.
off tern Powers' proposal for ending The terrorists' first burst of fire was enough to make it unaccept- Negev to the Arabs, saying that
maritime Customs would make Israel a "Miniature"
Talshan. killed the Chinese driver of the able.
state.
The proposals The chairman, Dr Juan Bramug-Gurkhas lorry, which overturned, Mr. Shertok said that there could
The Arabs said:
On board Customs officers rounded West of Count Bernadotte, while they up 800 women, all suspected of. Un of Argentina, proposed after the and the Gurkhas were attacked will be no question of trading hearing, today the American, British gun fire and hand grenades as they delilee. He said that the proposal abandon the former scheme for being runners for a smuggling gang.
have Palestine, should cases against Russia crawled out from underneath the to Internationalise Jerusalem would dividing
They refused to be removed to and French
that pointed a way to abandoning every
cruiser and some the nearby terrorists attacked the at most the Walled City
Assaulted the Customs officers mediary waiting period,
fre They renewed their promise the
However, when the He did not elaborate, adding only village of Kerling, on the main put under International control.
alt: 300 that the next meeting on Berlin Kuala Lumpur-Ipoh road tonight, He said that Israel would "prob- under a Sovereign Arab state, at discovered this morning, would be called by the President shooting dead Malayan police ably ask for admission to the United rights would be respectedUnited willingly, left, the ship and are now
the trade had saate hats are
on the Customs cruiser." Press, at an appropriate time.
Tofficer, Mulayan special constable, Nations during the current session.
that the Connell go into an inter-other
intringo Israel's sovereignould be kind and measure of partition."