HC Deb 08 November 1948 vol 457 cc1267-9
61. Mr. A. R. W. Low

asked the Secretary of State for Foreign Affairs what action has been taken by His Majesty's Government, either alone or through U.N.O., to secure the immediate release of Mr. Sylvester, who is now a prisoner in Jewish hands; what action he intends to take; and whether he will give an assurance that Mr. Sylvester and the other British subjects kidnapped with him will receive full compensation for any injury suffered out of the Palestine assets now held by His Majesty's Government.

Mr. Mayhew

Pending the conclusion of the hearing of Mr. Sylvester's appeal, which began on 3rd November, I have nothing to add to the reply given to the hon. Member for Devizes (Mr. Hollis) on 1st November.

Mr. Low

Does the hon. Gentleman recognise the validity of the legal proceedings to which he refers? Will he give me an answer to the second part of my Question?

Mr. Mayhew

We do not recognise the right of the Israeli Government to stage this trial, but in the man's own interests we feel that we must see that he gets the best possible defence. On the subject of compensation, it is true that theoretically we hold the assets of the Palestine Government pending the establishment of recognised successor authorities. In fact, however, there are no assets but, on the contrary, liabilities.

Mr. S. Silverman

Does my hon. Friend agree that British subjects resident in foreign countries owe the same local allegiance to the Governments in whose territories they are as aliens owe to this Government when they reside in this country? Will he say, further, whether he has any reason to believe that the trials so far held have not been fair and have not resulted in justice being done?

Mr. Mayhew

In reply to the first point, of course we do not recognise the Israeli Government. I will not comment on the second point since the trial is sub judice.

Mr. Pickthorn

Can we be told whether the British counsel who went out for Mr. Sylvester was refused right of audience at the original trial; and secondly, whether the British counsel, a different one I think, who is now in Jersualem has been granted right of audience in the so-called court of appeal? Surely we can be told those two things now?

Mr. Mayhew

Perhaps the hon. Gentleman will put a Question down.

Major Legge-Bourke

Is it not a fact that the allegations made against this man, if they were true, would only be true in that the incidents occurred on United Nations territory? What steps have his Majesty's Government taken with the United Nations to get them to look after the interests of this man?

Mr. Mayhew

I really cannot comment on this while the case is subject to appeal.

Mr. S. Silverman

Would my hon. Friend please reply to my first supplementary question concerning the duties of British subjects resident abroad? Secondly, will he say whether, of the three men who were accused and originally tried, two were acquitted and released?

Mr. Mayhew

The answer to the second point is "Yes, Sir." I have already given the answer to the first point, namely, that we do not recognise the Israeli Government.

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