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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

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