1947-09-08 — Page 2

2

TO-DAY

ONLY

KINGS

• AIR-CONDITIONED.

THIS ISENT!

Love

THE

AT 2.30, 5.15.

7.20 & 9.30 p.m.

LETICIA ELAN Pants

JAMES MASON

* CAROL REED'S Practice

ODD MAN OUT ADBEAT NEWTON

KATHLEEN RYAN a mesrasten” Drums are post on GARDŁ REZO- JA

ADDED ATTRACTION:

AT 2.30 p.m; and 9.30 p.m. ONLY "ROYAL TOUR "

ZÓ MINUTES WITH THE ROYAL FAMILY IN THEIR SOUTH AFRICAN TOUR.

N.D.

The Management regrots that owing to the length of "ODD MAN OUT?" they are unable to include the "Royal Tour" in with the 5.15 p.m. and 7.20 p.m. performances.

COMMENCING TO-MORROW: MINISTRY OF. FEAR

"

with RAY MILLAND -- A PARAMOUNT PICTURE.

ADVANCE BOOKING OFFICE

ST. FRANCIS HOTEL, QUEEN'S ROAD, CENTRAL. BOOKING HOURS: 11.00 a.m. to 5.30 p.m. Daily

LAST.4 SHOWS TO-DAY AT 2.30, 5.15. 7.30 & 9.30 P.M.

Clap hands

ney?

IS IN TOWN with another winne

JOHNNY COME LATELY

GRACE

MARJORIE

GEORGE MAIN-

MALORE

MAITR

EDWARD

LORD MCDANIEL MCNAMARA

THE HONGKONG TELEGRAPH, MONDAY, SEPTEMBER 8, 1947.

International Legal Theories Evolved At Nuremberg

HE final

we

verdlet

arranged

cannot

·

•

by the Hon. Mr

JUSTICE BIRKETT

..

I

law affects Pe "eign States but it also affects individuals, and the in- dividual cannot claim immunity for It acts he himself has committed. was elaborated in some detail in the judgment, Aggressive waris a crime; those who take part in its waging or its initiation are per- Lonally responsible.

There is nothing new about that; it has been the practice. A very case was in the United States Supreme Court, ex parte Quirin. reviewed where the Chief Justice

the whole of the

making

American Jaw absolutely plain that they

have always, in their milllery courts, adopts.

the view of Individual res

The third point was the defence that the individual was ooting der

superior orders "I was ordered to- do this, and I had no opportunity but. to obey. The court said that may be a,mifigation but is never a dolence.

the three These were

main In theories evolved at Nuremberg. what was called the Group Criminal- ity-the politlent leaders the Tri- bunal limited ita judgment, because

it was repugnant to convict as mein-

Invoice

criminal

POCKET CARTOON

by OSBERT LANCASTER

suppose for you I'm figure of romance?"

FACTS

An electrical attachment for type- the words s

upon thing defendants are really entitled Nuremberg will no doubt to ask. That is the only thing they

aak in Britain. They be passed in the distant can future; it will be the verdict of k to have particular judges on the Bench; all they are entitled to ask history. What we can do at is that they should be tried in accor the present time is, in quietude, dance with justice. to discuss some of the impor... I will not develop the theme that tant matters upon which, the this was a fair trial. I certainly WAY. The indictment, which was a verdict of history may finally long indictment, was translated into rest.

German and served upon each one I say "in quietude," for at of the defendants 30 days before the Nuremberg

had movie rial. They had 30 days to ponder the Indictment. The Tribunal

A

of member

the cameras, and brilliant lighting,

German coun- fur the 'best and 250 press representatives sel to defend them. The defendants Nuremberg International War Crimes Tribunal from one country alone; and in selected their own counsel and

bera of a criminal group 2,000,000 writers that counts all those circumstances it was said: "I would like Mr So-and-so

from Hamburg: I would like

Mr velt's list of war criminals, and wom they had never seen, or of; they are, typed has been patented. a little difficult to realise that from

So-and-so from

and have the honour to be war criminal whom they had only seen a repre- it was a trial at all comparable wherever he could be

ar to he was Number One." Nobody thought of sentative or two, with the kind of trial with assigned, and paid and housed and destroying the diary.

criminal legislation and Tribunal, be- When the legal theory evolved at sunctions against them. which we are familiar in Great looked after by the

Cause the defendants had nothing. Nuremberg that aggressive war is a Brilaln.

With regard to their documents, crime is discussed, the Inct should There was a great body of opinion

A coin mechanism has been de- a rule that no always be kept in mind that there which said it was a mistake to have the Tribunal made it

never was any doubt on the evidence N conclusion, the Charter was, bi the trial at all. Nobody appears to document should be used in

course, the law which governed vised to control the radio in quest doubt the power and the right of whole of those 12 mouths' proceed that all the acts of Germany, from

to set up a ings which was not first translated the invasion of Austria 'onwards, the Tribunal. Whatever the private rooms in hotels.

have victorious belligerents

None what theories of the judges may were aggressive war.

been, they were compelled to follow because that would be easily Into the German language and of

The earth is nearest the sun in demonstrated. For example, in the which copies were not supplied to wer

But the submission the Charter, thic defendants. So nothing was

in Beasty of Versailles, the famous

All will remember our feelings Trenty of

Britain when Mr Chamberlain flew was, and I think it is right, that the January and farthest away in July. Charter did not contain an arbitrary Article 227 was inserted providing done in the trial without their full

to Munich, when the threat of war selection of law, but it was merely to knowledge.

Arizona's Painted that the Kaiser should be brought

lay over the world. Austrin had trial Although I was never Into effect, the provision was there,

yellow, red, magenta gone; Czechoslovakia was now going. Inw that had been scheduled then and it was put into the Treaty ex-

The documents that I have referred because & was existing international stretch of vividly banded earth of

law. A

the along to set the whole plan out with

Bat, as it stands, it applies only sands beneath an azure sky, extends pressly on the ground that Inter-

vin-..

time-table. national morality should be

Austria first; then, after to the enemy. One could not, for for 300 miles an interval, Czechoslovakia; then,

bring before that court, dicated,

after an interval, Poland. It is all example,

there in 1937. So never say, the Soviet Union because written

The US, Office of Education says what they did in Finland, or be doubt that it was aggressive.

cause of what they did in Poland. "about one-third of the fires extin- You could not bring the United guished by municipol fire depart States of America, or indeed Briments could be put out with hand

די

Right Of Victors

Dut

wwe

would be easy to prove from the Jurisprudence of almost every coun- try that the right of the victorious belligerent to set up a court, to try' the defeated enemy, could not be challenged. But people said: doubt its wisdom," and those who took that view suggested that the crimes charged against the defen-. dants were so notorious, had been so openly and publicly committed,

trial wa that to hold

a farce.

As day

Was

long-dra succeeded day during that

ing

in

12 months, that feel- power and intensity, Krew and Its protagonists said: "The pro- per way to deal with these men is by executive action." which, in plain terms, means that they should have been shot out of hand,

and

in the

"Any resemblance to our tale enemies, my lad,

is purely coincidenfaltt merely Steward.""

means

*Shop

Czechoslovakia

Test Of History,

of

01

Among now electrical applications for the farm is a device that cleaUS' a dozen eggs at one time.

Colorado River.

IN 1930 Czechoslovakia, according tain, to judgment for dropping the extinguishers."

to the plan, was to be taken. Mr atomic bomb on Japan. It does not Chamberlain flew to Germany to try apply.

If it continues to apply only to to make a settlement, and the Pact the enemy, then I think the verdict

of Munich was entered into.

1st

exnot date of the pact of Munich of history may be against Nurem

needed is

that, really and that berg. What was Scptember 20, 1936, date

not

•

Fish are not inclined

a

Desert,

and mauve

Little

:

to bito

tuminous lures. They are likely to

be repelled by their strange appear ince.

is really rather Important. after this start-if I may say it with

tides are the most important by-

the Mr Chamberlain came back--I am great respect and modesty, this very

obtained fine start the United Nations should

in

meat- criticising Mr Chamberlain,

code that is applied product

enemy but to all packing industry. not merely the decisive piece of paper, brought

And it that is done, then I believe and said: "We have plucked free that Nuremberg will stand the test

merely recording history and build upon it

to the

It

It may vin- where they are to be found and we paper "e are never going to war

answer

Under-inflated tyres gives more

the road,

BY THE WAY

by Beachcomber

VERY day I find it more a hole in a sheet of zinc by band- and more difficult to be leader Ziggy Zozopol and his Cruzy Yachting Girls, (Tomorrow: Forty Are tempting ways of cooking tree- by some bark.)

vouchsafes

crimes might have been, would, in from the trin? Is that the waging England, the position of the Unitovi/Jack Hopkins, with a light laugh. A that a bardic poem about the Push

Those four documents deal

the position of great length with States, the position of France, the position of all the other countries. was planned from the beginning, from 1937,

Rangoon

quite

More-

dom out of the netile, danger."

in of history, and may indeed be the to the crowde The defendants said: "We would and

spoke

the window, cornerstone in that House of Fence traction than fully inflated ones be- like to call witnesses. "Very well, Downing Street from

Hitler had to which every loyal and true citizen cause more surface is exposed to Where witnesses.

are believing The opposing view was: "It is a call your wisc and prudent and

they? Give us their names, tell us said and there was the piece of aspires. necessary thing to hold this trial.

at any bring them here." And dicate International law and may, will

A very few days later-Hitler sent possibly, if it la

ly done wisely and great cost and inanite trouble wit- properly, ultimately be the corner nesses were brought from all over a message to Keltel, the defendant Europe in order that they might Keitel who mt. there in the dock, stone in the house of

peace My ou

own view is that it was wise speak and testify for the defence, and said: "I want to know what right and expedient, and indeed In the cases where a man could not forces I will require for the com- essential, that that trial should be be brought, they were permitted to piele subjugation of Bohem and a list of interrogatories, or Moravia, the part of Czechoslovakia

was into which we have not entered, held. History would have passed å send

and on October 11, 1938, about 12 lieve in Burmese names. very adverse verdict upon any coun- questions, to which

Chamberlain came they not sent out try that had taken people and shot made.

days aller Mr the them without trial. After all,

So the whole trist proceeded upon principle of the law of England is that, footing, that they should have home, Keitel sent the answer, stat-playful news agency?

Mr U Nyun, millionaire Burmese The Aberbananer dispute Industrialist, ts in Manchester to WANS THE HEARSE has made High that a man is presumed to be Inno- the fullest opportunity of making ing the forces needed, and on Oc

buy prams." Obviously one of the a speedy retort to the cent until he is found guilty; and their defence and, indeed, they did, tober 21 there is the German direc

be shot

The first International theory of

of tive.

trade U Nyuns,

Jolly trouncil of Archdruids, pointing out the view that men could without trial, whatever their alleged

supreme importance which evolved

telephone. Ing of the Pea glance at the

would be my opinion, savour far too much of Initiation and preparation of aggres

directory reveals such names as Mi worthy of the Elteddfod. the Nazi doctrine itself to have any sive-war- is declared to be a crime

Tin Hat. U Paw Suka. Thik Soop, aver, says Evans, there is a passage reasonable I will not go into great technical

u Mut, Tut Tul. wide commendation to

In the late Gruffyd of Tysillo which- detail about IL These people.

Strike news

seems to refer to pea-pushing with lawyers society

THE snodger-operatives who struck Tin diest against a new mana- for generations, and every and every organ that deals with law

HE will continue to

to write about it. The

upon which the Tribunal found-ger's Oxford accent were joined to- and sorters, who came out in sympathy. nations, including Germany pant in aggressive war is an inter- ed its judgment, was signed by 63 day by whelve-makers and broffie- national crime.

I advise

everyone to read the four Japan, and they were all agreed in A Cabinet Minister warned them in

at the Pos of that time the Allied Powers could documents,

one of November 1937 outlawing war, on the ground that a speech that if we could not export nothing. When the trial was and the other three of May, August it was no solution of international sudicient whelves we could not hope lowered his mighty nase

the gong-varnishers that Lhocgyr, which stirred the wrath of Taliesin." held, I think it sober language to and November 1039, when Hitler Meulties.

League of Nations and inter-import sufficient futtles. This so earth, and jabbed called his chiefs together that there never, was such

have been they came out in sympathy with the committees

We are snodger-operatives, the history of the world them at length what he was going national

now Marginal note record In

Miss Rowena of Inhumanity and cruelly and bar- to do. They were "Top Secret, but branding aggressive war as a crime

Gawkhampton's arrangement HEARING & financier praise him- barity. Never. cari

certainly say there' they all are now public. They for years and years, and after 1028 taking you over to that, speaking for myself, and hav

to listened ing

every word of the were so secret that Hitler said fa every leader in Germany knew that

one document: "I cannot even dis- If Germany attacked a defenceless Gizantmil's "Filth Over Tierra del self and his trade, I remembered evidence and heard it delivered.

this in the Cabinet. I have neighbout without warning, that was Fuego," an attempt to integrate that excellent saying of Montesquieu: "Moreover, the feeling which evoked in the occupied countries is called you here." A Lieutenant- aggressive war. And how can it be music in terms of smells, with the "Financiers support the State as a to say that Ribbentrop had outlawed something of which we in Britain Colon Hoaback took careful notes. saki to be unjust? Is anybody going aid of a commentary spoken through rope supports a hanged man."

that the Pact of Paris conception.

war? Of course he did; did. There are plenty of German documents which bear this

The view the Tribunal fook was

Nazi Atrocities

debated by the internings will The aggression

Pact Of Paris

A credible information reached the waging, the preparation, the taking Kellogg-Briand Pact of 1928,

years, GAIN, during the war

governments of barbarities

Allird

and atrocities, particularly in the occupied countries, about which at

do

•

A WILLIAM CAGNEY production

Directed by W. K. HOWARD-

say

Chalk up another win for your Academy Award win- ner, in this great Louis Bromfield story of a rov. log guy and thres very different some!

TO-MORROW

HUGH WILLIAMS

JOAN GREENWOOD

AB

have really no adequate A GIRL IN A MILLION

籠都

MAJESTIC They

SHOWING TO-DAY ́-----

Answered

At 2.30, 5.20, 7.20 & 9.20 p.m.

the

Call

Have

You

AN ISLAND OF FUN IN A SEA OF LAUGHS

Rainbow Island

DOROT

IN TECHNICOLOR,

Send your donation to

the

HONGKONG

WAR

MEMORIAL

FUND

Hon. Treasurors

Lowe, Bingham & Matthews Morcantile Bank Bldg.

was

Where

which

was

cuss

Documents

to tell

The

WAR

did not knOW

Goering

In the occupied countries, they knew of women and children WHY they were ever preserved

bean a mystery to me. One of hounded into a church

heads, then burnt over their

and the interesting features of this trial is horrors of that kind, there was such why the Germans persisted in saving that 63 nations in 1928 had said that

call and a a wave of feeling, such a cal

all their documents. They went to aggressive war was illegal, and If,

do it. They lengths to

hey in view of that, the illegality wre the Tribunal said cry for retribution, that it was essen- Incredible

"I tlal, unless worse should befall, that hid them in salt mines, where they committed, then

no have the invading I

doubt crime. a it should be

be guided Into proper were discovered by chamels. It was by this trial that armies; hey hid them in every con--that the verdiet of history will be wiee and that

Influence harmonising

ceivable place where they thought that the Tribunal was brought about; otherwise. there they could never be detected; but

law was really not пот International would, in my judgment, have been one thing they could not bring them right to say so. If they had not, worth the paper it was written on. throughout selves to do was to burn them. perfect blood-bath

I must not exaggerate this, but I It was time that the nations of this Europe.

think Jodi, had a Finally, it was important for inter-

events. of nailonal law that the trist should be held to vindicate the law, and to Frank, the Governor-General make it known how and hereafter Poland, kept a diary in which thint for crime in the International recorded important events in the un aggressive thing, not as a defen- sphere. there shall ultimately be frankest possible detail. One sen sive thing, is outside the pale of tence in his diary addressed to his international, relations, Peoplo, em-. punishment....

Thic main point on which true colleagues which was quoted against bark upon it at their peril."

The second legal theory evolved criticism, will fasten will be this him was: "Gentiemen, you realise was it a fair trial? That is the only that we are all on President Roose at Nuremberg was that international

Q

"

NANCY Made to Order.

SLUGGO- WILL YOU GIVE ME

A PUSH?

NAW--- I'M TOO LAZY TODAY

of daily

cond

length.

world, instead of always indulging in plous hopes and plous resolutions. of sald: "Since 1920, 63 nations of

he this world have agreed that war, as

NOPE

OH, PLEASE

BAW-W WAH-H

BAW-W

OH, AWRIGHT

"ERNIC" '

BUSHMILLI

the nose as an ancient druidle sport. The passage runs:

Onaeth melgant back Gwyddno Howel dda,

Gla merddyn meredida, Meirip Lhocour hen vnus Taliesin.

Then Howel, the dda-man,

CROSSWORD PUZZLE

16

120

'Across

נו

1. A model ram tanag.)- 10) B. ife really enchanting. (3) cold, (8) 11. 12. Bird

15tor. (2

14. Heturn to 50 akace with on

By Ernie Bushmiller

ugly look. (4)

A noble sort of roan. 15)

to the

17.ftap a this and show greediness.

(4)

10 Assurten different shape. (8)'' Justumary to start with a. (B) Found in all partnerships. (3)". Water carrlora. (0)

22

23

lins the makings of a great dane.

13-01

Down

Cement i am changing into this.

10)

An opening in the wall. (9) Lotter. (35

A trying practica) dumcuity. (7) Sort of help who might cart à dia. 141

What a mean differenc0, (8) The tracing of things to their source. (f....

s*10 www' knowledge.

To the forces.

Obviously this sort of thing goes.

round and round (81

13)

14

1

126 Beard of erhasan, (d)

10. Give dual praiso, 14)

13. Interior tinplate, 161

20: Blipped, but didn't quite quide.

When You Feel Tired

and Restless

Ask For

ELLIOTTS TONIC

On Salo at All Dispensarion

+

•