Mr. E. P. Smith:
asked the Secretary of State for Foreign Affairs whether his attention has been drawn to the sentence of five years' rigorous imprisonment passed upon Captain David Vivian in Rangoon for smuggling arms into Burma; when, where and at what date Captain Vivian was arrested; by what type of court he was tried; and until when he held His Majesty's Commission.
Captain Vivian is a British officer of the old Indian Army, who was seconded for service with the Rangoon Police. Shortly before the assassination of members of the Burmese Cabinet on 19th July, 1947, he, according to his own admission, arranged the illegal issue of 200 Bren guns and a quantity of ammunition from an Army Ordnance Depot to U Saw, who was afterwards convicted and executed for the assassinations. The offence of which he was accused was clearly a civil matter of great political importance, and no question arose of his trial by a military court. He subsequently confessed to the offence with which he had been charged, and was convicted and sentenced by a regular Burmese civil court on 9th August, 1948, to five years' rigorous imprisonment.
I know nothing about this case, but surely the hon. Gentleman can tell us if Captain Vivian has already had access to the Consulate? It is the normal practice in cases of this kind in what is now a foreign country.