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THE HISTORY OF NEGOTIATIONS Mens Rea, Exineous SINCE' START OF INSURRECTION Tv Determirat'on 01 Statutory Ott e:tee NU LAYS BARE PAST SECRETS (From Our Staff Reporter) The doctrine of mens rea is not TO PROVE FALSITY OF PRESENT a necessary ingredient for the determination of a statutory REBEL " PEACE " CAMPAIGN silence under Section 4 (1 ) (d) of the Suppression of Corruption (Froin Our Staff Reporter) Act. This ruling was enunciated A major policy speech concerning the Government's attitude recently by Chief Justice U Chan towards negotiations with the Communist rebels WRS Made by Tun Aung and Mr. Justice San AFPFL President U Nu yesterday morning at the annual con- Mating sitting as the First Bench ference of the All-Burma Peasants Organisation. — of the High Court when the He spoke to an audience which PEASANT LEADERS: ASPO leaders from 30 districts in Burma, most of w`som live along question was referred for • a filled the Premier's Press Confer- the very front-line of the Insnrrection, yesterday listened to a speech by U Ni telling than why the decision. ence Hall to overflowing, being Murdered By Government will not make peace with the rebels throigh negotiations. They are in Rangoon for their 'the case in respect of which annual meet-fame wbich is being held in the Premier's Conference Hall. the question arose was that of made up of the ABPO delegates Man Next Door U Nyo who has appealed against themselves, from 30 districts in his conviction for an alleged the country, all the AFPFL MPs (From Our Staff Reporter) offence of criminal misconduct of both Houses, and 125 other ob- in the dischar e of official duty. servers. Two neighbours who could RUSU RECK RAIGH1 FIGHT Helicopters For The question was however answer- All Cabinet Ministers in Ran- not live together in peace, got ed by the High Court without goon were present as well. involved in a brawl over a trifle BAF Here n BETWEEN reference to the facts and circum- Chairman of the gathering was ye tcrday, which ended in the PROGRESSIVES, DSO stanccs of U Nyo's case so as Thakin Tin, Deputy Premier and death of one of them and sent the (From Our Staff Reporter) not to prejudice . his appeal and President of the Al3P0. ceher to hospital with serious COMMUNIST ST FATS START UP also because it related to a In a short speech, he said that wounds. Among the cargo which arrived somewhat general issue. this conference was a particularly Thakin Tun Kyaing, 41, Joint POLITICAL MACllNE FOR SEP. 27 aboard the ELshaMaru from Tok- Examining the history of this important one, and that the ad- Secretary of the Burma Demo- yo yesterday were 32 crates con- (From Our U Correspondent) English Common Law doctrine of dress to be made by U Nu at the cratic Party (Theinbyu North) signed to the Burma Air Force. linens rea, the High Court observed opening session, was of vital signi- was the next door neighbour of This year's RUSU electloii4, scheduled for September 27, The crates contain all the corn- that it seems to have originated licence to the whole country. mohinga seller Ko Aye Pc in will see for the first time in seteral years, a straight tight be- ponent parts of three Kawasaki- under social conditions prevailing In succeeding sessions, the dele- Mahamyintmo strett, Bahan. tween the Progressives and the tic Students' Organisation. Bell helicopters manufactured by in ancient times when there Were gates would discuss in detail cer- The two were not on good The Communist Progressives the Nippon Kikai Boeki Kaisha no positive legislative enactments tain outstanding issues: how to terms because the mohinga seller have made the Universkty Union Ltd. of Tokyo, ordered by the or statutes ;or in other words when secure peace in the country, how to did a great deal of frying in his such a tough political arena that I: Rebels Get BAF six months ago. the modern doctrine of absolute achieve the goal of a Socialist kitchen, which annoyed Thakin neutral students who have in the and literal authority of statutes state, how to materialise the Tun Kyaing, who complained past tried to fight the elections VDF Guns The three machines, which are of the G2 Model, are specially was not quite firmly established. schemes for the welfare of the peo- that the smell made his child ill. purely as students, have gradually '(Frem Our Own Correspondent) Therefore, moral reprobation or plc, and how to build up a strong, Early yesterday morning, given up and faded out of the suited for military use. This model Mosrma, September 14-- has scats for three but it can also approbation based upon subject- clean peasants' organisation. Thakin Tun Kyaing was reading picture. pie are running away from ive ethical standards was then Thakin Tin stressed that there aloud the caption of a , cartoon Last year, the Progressi- accommodate a stretcher for the vela as ?sfou.rsut district to sick or wounded. Its approximate a condition of criminal liability was little time to fulfil all these inu in tha, •BitrONEI Sure when Ko the Students' United Front 9sp. but when mens ran bad to be that target dates Aye Pc next door took offence, S where there are Police or cost is K 2,00,000 (2 laichs). portant tasks and tin-ed every seat in the Union Any garrisons, following the appraised in the light of statu- must be fixed for their achieve- saying that he was being indirect- Executive Committee, This Year urt of village defence wet- Although manufactured in tory definition of any offence it ly insulted by the words. there Is every likelihood that the)t Oons by the rebels in several Japan, the essential parts come was found to be rather incon- He began to abuse Thakin Tun will repeat the same performance1 places. from the Bell Aircraft Corpora- gruous and was examined in Kyaing who sized a dab and Their hold on the University, The latel of these incidents tion of USA, where this machine many English cases. From U Nu': speech will be re- went out to settle the matter. Ko established now for two spud Occured in Pyan -hle village, about is also in use. the decisions in these cases, the produced bt full in tomorrow's Aye Pe appeared with a sharp ' years, is too strong to be easily sit Miles away froin Yinmsbin, on High Court remarked, it was issim of this paper. iron stake, and as Thakin Tim dislodged. Accompanying the consignment the night of September 9. About arc fourlapanese technicians who noticeable that whcnsnr the Kyaing attacked him, he plunged This is because the PrOg ressives ' offence charged is serious, despite AMINII•711-• 30 pvo rebels led by Bo Kan will assemble the machines at the the stake into his chest. are organized, not as a student specific statutory definition given Thakin Tun Kyaing fell dead Htun, attacked the village at mid- BAF hangar at Hmawbi, but the mast. He reminded the ABPO group, but as a fanatical political • night, and seize." 15 rifles and BAF already has personnel train- therefor, the mens rea was often leaders that they were the people on the spot, while Ko Aye Pe party, with students devoting invoked in determining toe guilt himself received severe cuts on 400 rounds of ammunition issued ed in Japan and Thailand to oper- who could change the Govern- their whole time to organisational to the local defence force. ate and service them. of the accused; whereas when ment's plans from paper schemes the head, neck and hand. and propaganda activities. A similar incident took place the offence was not serious literal into concrete realities. He has been admitted into the With the announcement of the These three machines are the interpretation was made of the RGH under po ice surveilance, last month when the PV05 seized AFPFL President U Nu then election date, theStudents' United seven guns and ammunition from first of six ordered by the 13AF statute defining the offence and took over to read a speech which and a case opened against him Front machine at once swung through Bo Let Ya Ltd. of Ran- mens rea was ruled out. How- under 302. the VDF of Kywe-ye village five ran into 29 type-written pages of into action. miles north of Monywa. goon. hey will be Burma's first ever, it was also found that when helicopters and it is reported that statutes began to take the place of U Nu's speech was a recital of Tasks Allocated their use will not be confined to the traitorous acts committed by A meeting of the SUF Council military tasks alone. (Continued page 8, col. 4) the insurgents, and the acts of per- KathaiNUF MP on September 20, laid down the APT Alined fidy which accompanied every at Boycotts Elecn. main line of strategyfor the corn- (From Our Stall Reporter) tempt of the Government to end ing fight, and allocated tasks the insurrection through negotia- (From A Special Correspondent) among the SUF student workers. The 31-Up which left for tions. The SUF's election tasks were Moulmein yesterday morning. Burma Police On Alert For Even before the insurrection be- NUF candidate for the House divided into Organisation, Pub- was hatted between Htongyi and gan, U Ni said, he tried through of Nationalities in Katha, U Tun licity and Fund Collecting. Kyauktan stations, when the APT Deputy Premier Bo Let Ya, to con- Khin, on September 17 told the It was decided • to step escorting it was mined. Phizo, Naga Rebel Leader vene a round table conference so Elections Officer that he had de- up the drive for A donations, The engine, which struck the that all outstanding problems cided to " boycott " ,the elections with special emphasis on Opposi- mine near M/S 31/58 went off (From Our Staff Reporter) might be settled peacefully, but in protest against the unfairness of tion MPs, who could tit expected the tracks, and the rebels im- f • the Communists spurned the offer. the Government. to contribute to the cause, and to mediately opened fire. The Following news of the Government of India's empowering As soon as the Communists In his letter U Tun 'Chin stated cyclostyle biographies of the three engagement lasted about an hour. their Special DSP of Naga Hills District of Assam, to arrest went underground, sonic of their that he had asked the Government SUF candidates. A. Z. Pia°, the Naga "hostile" who has been leading a leaders were released from jail and many times to stop postponing the Hand-picked sqUids student faction of Indian Nagas into a "Free Nagaland" rebellion, sent as emissaries to Thakm Than election, to withdraw its pocket workers were formed for organisa- defend the students' cause over Burma's Detective Department and the North Chindwin Pollee Tun. One of them, Bo Yan Aung, armies and to release all those who tion in the various hostels. the 3F, system. have been alerted to look out for the pseudo Naga chieftain. was demoted. Others double- bad been illegally detained in con- Each of these squads will get a A particularly scathing attack crossed the Government. nection with the election, but none special ' briefing and pep-talk was made on the DSOs because Known also as Zap Phizo, he captured near Kohima, acting as of these wrongs had been righted before it goes into action. of the meetings which have been learnt his English in an American a guide to INA Forces but he But the Government did not Mission School In Jorhat, Assam, give up. Before and after the lit up till now. Special attention will be paid taking place recently in various was eventually released on the He claimed that first, theeleo- to the women's squads, for the quarters of the city, at which and came to Burma some years grounds that he had been forced Burif and a substantial section of tion has been postponed three before the last war. His record in the 3rd Burif Went underground, SUF is afraid of the solidly anti- parents of University students into the service by the Japanese. times — from May 22 to June 19, Communist vote in at least two have declared their support for Burma however was not a pal- The information he gave About negotiations went on. In Decem- atable one. ber 1948, Bo Ze Ya, Bo Ye Htut, then to September 19 and then to women's hostels, and the ten- the DSOs' 3F modification plan the Japanese forces' dispositions Bo Them Dan and Bo Thet September 25. In addition, pol- dency to vote against the Reds and have condemned unrest in Posing as an evangelist, he was very useful to the British. ling-booths had been frequently the University. made friends with the Karens of After the war, he was back in Were invited to return to among neutral women, students. Rangoon and the Government's changed and shifted. Meanwhile, the Front's pro- Tho Progressives say that the Yenangyaung and swindled thom Rangoon but fouild himself terms offered. The rebel Worse still, he asserted, 36 peo- paganda campaign is already DSOs show their true colours at as wen as an American Driller ostracised by the Karcits. lie rs promised to send a reply ple who had filed their names as going well, though it will be great- such meetings when Icaders of the as t of some its. 30,000 between however collected sufficient funds CZ his election workers and polling- ly stepped up in the next few days. organisation havn stated that the years 1935 and 1938. to remove himself and his family by March 15, 1949. The reply booth agents, were in detention Acting as a banking agent, he came on March 24, 1949: Thakin Main-line of attack against the students beeoms 31's b..,:ause they back to India. under Section 5. DSOs now isto discredit theirbid arc lazy and c.arcleas. Yet in the gave out loans from The order of the Indian Gov- Nu would be arrested and arraign- There was no security for either the Driller's money to the Kareas, ed before a People's Court. to get the 3F system modified. University, the DSOs try to sing ernment is not only for his arrest the candidate or his helpers, and Progressive. pamphlets have a different tune to gain support. and collected back for his own under Sections 121 and 122 of the Taking advantage dialer nego- there was ao possibility of there been screaming that the DSOs Yesterday -new Progressive use. When he finally disappeared Indian Penal Code but also for tiations with the Government, the being a free and fair election. secretly support the 3F system Posters hailed the victory of the from the Oilfields, the /Citrons bin wife and two daughters, and rebels seized towns including Accordingly he ha I • decided beet t?tos ere the stn,ve of " neutrals " in the. Moulmein had to pay the sum i all over again his 3) chief accomplices. VPriarl 47V. IAA IV I .1—, ....e.„.., ,...— -,,, Ittuit CY WI . ,. ' • e " 1

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snips sarong soulotruw. ; ‘iriucu. Vrt s.am truw, NO.11,11•. 'FAH) s.1.% USA vs BAOW. Shirley Bloomer, BritishitiVight... CAlk during cross-exitn?natioa a-p-art— from ti4 statutory , deani• Sept.) I. 1,1J ; man Cup tearn ymr, is top, seed. ,Ernest • Carstens-Johansen., 261. Lion given for a part,cular crime (12th Sept.) SO p laNn's Speech : od among the Wornetf.' Road's .,year-aid Alfhird (Mats of "the such a bing exists as mens rea,. "Books . . - wife, Jennifer, i seeded 4o.‘5. -- .Stockholm, in a pro-trial hearing and whenever . this issue arises . (Coatismed frost page 1) Many of the top stars Are com- relating to damage suits filed in so far as statutory offences Myingyaii„ Pakokku, Mart, peting in the Pacific South-West Fe leral Court Jam, are concerned4 its appli- PEOPLI 1aarada and Tharrawaddy. tourney at Lot Angeles ; and Carsten-Johansen was beini ques- cation has been entirely abrogat- '.1 The following defected to, or won't show here until next Week: tioned concerning various records ed or otherwise' Modified. Since ;were overporwcred by them: After Hoid, the seeded. men in use On it.ht when; toun- the Penal Code imports words I. The whole of 1st Burif under are: 2. Sven Davidson, Sweden: sel for the Swedish-AmericanLine, such as voluntarily,'dishonestly, Bo Sein Tin defected. • 3. Ntaie Fraser, Australia. 4: operators of the Stockholm, inter- intentionally fraudulently or such 2. About 300 officers and men Ashley Cooper, Australia, S. Art posed that this particular one was like expressions which describe of the 3rd Burif under So Ye Tut Larsenn, San Leandro, Calif. the men,a1 attitude of the offend- defected. 6. Ulf Schmidt, Sweden. 7. 'Asked for'details of the night er, it . would be altogether an (- .3. Some officers and men of the Eddie Moylan, Trenton, NJ. order pad's purpose, the Third extraneous task to superimpose 21si U MP under Bo Aung Myint 8. Luis Ayala, Chile. 9. Michael Mate indicated it was given to for purposes of such ofre -Yes defected. Davies, England. 10. • Pierre the officer on watch by the Cap- ' the doctrine of men: rea. Penal 4. Some members of the 6th Darmon, France. — Associated ta "before he goes down for the I enactments are to be construed as Burif under Bo Ye Maung Press. nig t". The Third Mate then was they stand, the High Court said, defected. asked: in determining the guilt or other- 5. The whole Sitwundan Corps "Yon had no written night wise of an accused person... in Thayet district under Bo Aung order; from the Captain, although The Penal Code, the 'High Than defected. French Soldiers he had left the bridge?" - Court added, is not only appli- 6. The whole of the 9th UMP Carstens-Johansen replied: cable to the offences _ defined under Bo Khin Mg 1\in was over- Mutilated In Algiers "No, he had not left the bridge therein but also to offences under powered. . for good." the Special and Local Laws. It 7. The whole of Sitwundan ALGIERS, • September 22—The There was further testimony , contains rovistons for exemp- Corps in Magwe under Bo Pe 22-month-old Algerian natiocal- relating to fog conditions on the tion from criminal liability Aung was overpowered. Bo Pe lit rebel ion erupted into violence Massachusetts,. coastal area in and among the exemptions are to Aung was executed by the Com- in the past 24 hours, according which the collision occurred short- I be found the absence of criminal munists. to reports reaching French head- ly after 11 p.m. on July 25. inte t, which in fact is the 8. Sitwundan Corps in Monywa quarters on Saturday. The Third Mate was asked E iglish Common Law doctrine under Bo Kyaw Kyaw was over- The worst incident was the about the Stockholm's rules for of mens rea. Defences, such as powered. Bo Kyaw. Kyaw was ambush and death by mutilation logging fogs. He replied that if be ! a'nenc.: of a particular intent or executed by the Communists. of 21 French soldiers near could see three or four milc* he ' mens rea or criminal intent, Than: Following these setbacks, the Palestro on Friday. would not consider that the ship mistake of fact and mistake of law Government decided not to French headquarters mention- was in a fog. are not only made available for Gradu negotiate any more. ed their own losses in only a "Even if the visibility is less the penal oriznc:s defined in the But then Thakin Than Tun Penal Code but also for any few of these encounters—two than three miles ahead of 'ou, State Coh changed his tactics. From being wounded east of Palestro, two you do not call it fog?" he was offences under the Special or Local the harsh revolutionary ("only wounded near Tizi-Ouzou, five asked. Laws, the High Court said. Union cruel measures can lead one to wounded near the Tunisian fron- "Then I call it fog patche s" Summing up, the High Court the throne. The Paris Commune tier, one killed at Blida and replied.—Associated Press. I held that so far as statutory faded because the leaders turned •'some losses" in other actions. offences are concerned, words of soft') he launched a new offensive The French reported killing 20 statutes should be given effect to in the name of peace. re els in aclash near Tebessa, two Us Professors' Ip , as they stand without_ bringing Application On , January 20, 1956, he in the erroneous, mens rea an Accountant v. rebels ncar Palestro, "an import- log salary will b. 'wrote to U Nu expressing a wish ant number" in A clash near To Tokyo Deli ed doctrine for p..rpose of cl:termin- to discusi peace on the following -Hassonvilli, rs and inflicting 1 ing the guilt of the offender, and Only those with conditions: TOKYO, September 20 —Fw4!) ancy need apply "severe losses" in a fight near American Exchange Prçfesors that if the definition does not (1) Burma to stay away from Djebel-Foua,—AP. include the requirement of a quainted with th the Anglo-American bloc: whose trip heie was dclaye4 by particular mental condition, it of Paddy & Rice (2)Democratic rights be given Communist-ied " Yankee , go mt,t,t be taken that the omission Application to the people; 58th Sino-American 'Meet home" demonstritiOiis arc 'now had been de:iberate. (3) previous exp (3) BCP and other political expxted sometime next salary, addnrsse( guaranteed. Concluding, the High 'Court, parties be permitted to function • GENEVA, September 22-!..United: their personal safety made the following observation, copies of mai fic, lawfully. States Ambassador Alexis "We guaranteed their ph$sic,,I. . regarding the offence of miscon-• than the 30th Si Information Minister U Tun Johnson and Chinese Communist safety. Any civilized country does duct as defined in Section 4 (1)(d) ' No replies I Win broadcast in reply that these Ambassador WangPing Nan held that," said , Dr; ; Susumu Kobe, of the Suppression of Corruption conditions had been fully met. their 58th meeting in Geneva assistant to the President of 'Act. There are - three Classes Waseda ,,University, the school Soon afterwards, as the amnes-; today on problems outstanding where an act or omiss ;on of a ty was about to expire, an between their two countries. which C'ntracied for . the US public servant can be said to emissary from the .BCP head- Their talk lasted almost two* Government's exchange pro- come Within the mischief of this quarters arrived in Rangoon and, hours. The next meting has been gramme. s:cti on, viz. through Bo Let Ya, contacted scheduled for October 6. No He said he had talked by trans (a) If he commits fraud to the the Government. --- statement was issued after today's Pacific telephone to the Univer- det iment of public interest; Bo Let Ya made out that the meeting.—AFP. sity of Michigan, the prolessors' (b) If he commits in respect of SPRIT LI rebels were ready to surrender, home caaipus, and it will an- nounce the Tokyo arrival time of public prop:rty entrusted to him but later told 130 Khin Mating an act of misappropriation; and Hand Gale (Home Minister) that he the'. _professors. The two, Profs. (c) If he commits in respeo - had acted on his win. It later RUSU Elections: Charles I.: Gordy and Edward of public property entrusted to Plaii transpired that the about-face had L. Sage, cut short their trip in him, an act of misconduct, i.e., been caused by the above-ground (Continued from page 1) Honolulu 10 days ago to cnable mismanagement,. wrongful act or Communists impressing r upon Nit.'aseda and American, authori- omission or for doing some- Thakin Than Tun's emi.sary• that the defeat of the DSOs, for the ties to gauge the degree of feeling against their coming. thing which ought not to be done the AFPFL was about to fall, " neutrals " are not openly Pro 'or not doing something which THINI gressivo-controlled. Yet, they had Mea.nwnilc, support for the and that the rebels had only to ought to be done in the given -doh support the opposition for them the expert advice of two RUSU American professors appeared in circumstances. Phone: S. 426. leaders, Ko Aung Than and Ko Witecia's 25,000-member studeat to win the election. -With regard to (a) and (b), the U Nu therefore warned: "In Kyaw Win, who travelled down body. 'ostler to bring their rebellion to a to Moulmein to 1 assist than. . Demonstrators have been High Court observed, the mental Public successful conclusion, the Com- The Progressives:'whd ire very sen.ding cables to Michigan urging' c'ement is already involved and sure of the hard core of their own recall of (Jody and ?age and there would be no necessity to , Notice is he, munists are ; setting . a' gigantic introduce mew rea. In (c) how- concerned that trap. Let those who 1 attic the organisation, made use of their return of nine Japanese proles.= neitotia Ling for evil method of force to gain control of the RUSU Executive sori at Ann Arbor under the ever the' legislature appeared to exchange programme have', intentionally omitted the the property 'politica! power beware!" to sabotage, the DSOs' organi- which they from (1). Hajee sational plans for -the; election. Claimed, would curb Wasecia's mental element for the corn- , He added, "We are like the 1:tion of the offence and satisfied Vany Moname bial sparrow which has Since the past Piesident' is the freedom: • They panned to HAkice Eoi atam velkit with stones. We arc Returning Officer, he has the ,say 'demonstrate at -Tokyo airport itself by merely explaining tI ,objectively what acts or OEMS- ;fled Motiwal.3 ( determined Dever in declaring the, dato;of the next ,and . to' bar the proiessors' to be t fool.d *ions" constituted "misconduct". vnuow a itajee again, never to jump into their election. • • * 4;- trance to the Wascda campui, coo Vally Mona trap. The AFPFL programme • The Progressive:AUSU Pre- With pickets. "Therefore in determining the guilt is not one of annihilation. We sident announced this date only 'We found they were confined) or otherwise-in this case, the High j0C Abdu 'have to counter-attack because eight. 'days -beforehand, just to a pretty small group, I Com- Court was of the view that an rib... Bat ticijC4 A IX 'the insurgents are on the attack.— bar:ey staying within. ,the donsti- munists in number, plus 15 feilow jective standard should be applied Abdll/ Uatrer if which requires a week's notice. travelLn, b t pretty well organiz- 'as laid down in Section 15 of (7) Zubaida .134 With rem. terli gm.),. ed. with lotof funds and help irom ,the Trust Act that - a pe -son Gan, (8) ZakaL the anointed a trustee must deal with dui Gany (9i Iki c—c) cl fl 09igv