Nguyễn Ái Quốc, Frank Loseby & màn thoát hiểm nghẹt thở ở Hồng Kông | Chuyện với Thanh | Tập 9

Key Concepts

• Nguyễn Ái Quốc (Ho Chi Minh): Vietnamese revolutionary leader.
• Quốc dân Đảng (Kuomintang): Chinese Nationalist Party.
• Hồng Kông (Hong Kong): British colony at the time.
• Mascova (Moscow): Capital of the Soviet Union.
• Quảng Châu (Guangzhou): City in China.
• Đảng Cộng sản Việt Nam (Communist Party of Vietnam): Political party founded by Nguyễn Ái Quốc.
• Tống Văn Sơ (Tong Van So): Alias used by Nguyễn Ái Quốc.
• Quốc tế Cộng sản (Comintern): International organization of communist parties.
• Dẫn độ (Extradition): Formal process of handing over a person accused or convicted of a crime to the jurisdiction of another state.
• Trục xuất (Deportation): The removal of someone from a country.
• Tòa án Tối cao Hồng Kông (Hong Kong Supreme Court): Highest court in Hong Kong.
• Hội đồng Cơ mật (Privy Council): A committee of advisors to the British monarch.
• Luật sư Frank Leb (Lawyer Frank Leb): Legal representative for Nguyễn Ái Quốc.
• Tống Khánh Linh (Soong Ching-ling): Wife of Sun Yat-sen.
• Po Courier: French politician and friend of Nguyễn Ái Quốc.
• Manuinski, Khang Sinh, Valeria Vasilieva: Individuals involved in questioning Nguyễn Ái Quốc in Moscow.
• Stalin: Leader of the Soviet Union.

Nguyễn Ái Quốc's Ordeal in Hong Kong and Subsequent Escape

This summary details the critical period of Nguyễn Ái Quốc's life in Hong Kong, his arrest, legal battles, and eventual escape, highlighting his strategic use of legal systems and international connections.

1. Arrest and Initial Peril

• Background: Following pursuit by the Kuomintang, Nguyễn Ái Quốc had previously fled to Europe and then Moscow in June 1927. He arrived in Guangzhou on May 20, 1930, and founded the Communist Party of Vietnam.
• Second Death Sentence: In 1930, Nguyễn Ái Quốc was sentenced to death in absentia for the second time.
• Arrest in Hong Kong: On June 6, 1931, Nguyễn Ái Quốc was arrested in Hong Kong under suspicion of propagating against the British government. He was taken to Victoria Prison.
• Isolation and Threat of Deportation: His connections to Vietnam were severed, and he faced the immediate threat of extradition to France and the Nguyễn dynasty. His future became highly uncertain.
• Alias and Suspicion: Under the alias "Tong Van So," a Chinese reporter, he was arrested without a warrant due to police suspicion of involvement with the Comintern.
• British Policy: Despite not committing any crime in Hong Kong, British policy prohibited the use of its territory for subversive activities. The local authorities were convinced he was Nguyễn Ái Quốc and sought to deport him to Indochina at France's request.

2. Legal Challenges and Defense Strategy

• Extradition Dilemma: A lack of an extradition treaty between France and Britain for political crimes complicated the situation. The only recourse was a deportation order.
• Court Hearing: Lacking a passport and insisting he was Chinese, not Vietnamese, a court hearing was scheduled for May 10, 1931.
• Nguyễn Ái Quốc's Testimony: He testified in English, claiming to be from Dongxing, Guangdong, near the Indochinese border. He admitted to visiting France but denied going to Russia or having Comintern ties. He also denied knowing L Phong, though he admitted signing a postcard found in L Phong's possession. He requested deportation to Britain, not Indochina.
• Procedural Irregularities: The interrogation was legally questionable as it occurred over a month after his arrest and was conducted by a British official from the Hong Kong Chinese Affairs Department, not a court official.
• Legal Intervention: Lawyer Frank Leb unexpectedly provided legal assistance. The exact mechanism of his involvement remains debated, with theories including a Vietnamese assistant, a mutual friend, or being hired by the International Red Aid and the Anti-Imperialist League (Comintern tools).
• Leb's Argument: Leb opposed the standard deportation, citing the danger to Nguyễn Ái Quốc from French authorities in Indochina, who were closely monitoring the case and had requested notification of his deportation. Leb advocated for a self-arranged departure.

3. British Colonial Administration's Deliberations

• Governor's Hesitation: The Governor of Hong Kong was hesitant but agreed to Leb's proposal. He cabled London on May 24, suggesting freedom for Nguyễn Ái Quốc and a 7-day departure window, arguing deportation to Indochina would be akin to extradition and contrary to British principles.
• Colonial Office's Stance: British officials, however, held a different view. The Foreign Office believed he should be returned to Indochina, labeling him a "bad agitator" arrested with "Vong" in Shanghai. They regretted not having enough evidence to imprison him in Hong Kong. They expressed concern that releasing him would allow him to continue his activities and supported French colonial authorities in suppressing revolutionary movements.
• Governor's Order: Under pressure from the Foreign Office, the Governor ultimately ordered Nguyễn Ái Quốc's deportation to Indochina.

4. Legal Battle and Appeal

• Legal Challenge: To counter the deportation order, lawyer Lai Tống filed a writ of habeas corpus with the Hong Kong Supreme Court on May 31, 1931, demanding a public trial for Tong Van So. This was a counter-suit against the authorities.
• Supreme Court Hearing: The Hong Kong Supreme Court held a hearing lasting several weeks, starting on June 14. Leb argued that the authorities had violated the law by asking politically irrelevant questions during the initial interrogation.
• Initial Ruling: Justice Joseph Campion initially seemed poised to quash the deportation order. However, Hong Kong officials quickly drafted a new order under a different section of the 1917 deportation ordinance. The court accepted this new order, stating that while deportation might have consequences similar to extradition, it was not illegal under British law.
• Appeal to the Privy Council: Facing the imminent threat of deportation to Indochina, Leb appealed to the Privy Council in London, alleging abuse of power by the authorities.
• Transfer to Hospital: The Privy Council accepted the appeal, granting Nguyễn Ái Quốc a reprieve. He was transferred to Bowen Road Hospital due to ill health, appearing emaciated and exhausted despite no clear symptoms.
• Privy Council Review: The appeal was finally heard in late 1931. Nguyễn Ái Quốc was represented by DN Prit of Light and Futon, while Stafford Crips, a Labour Party MP, represented the Hong Kong government. Crips, influenced by pro-revolutionary friends in the Colonial Office, proposed a compromise.

5. Resolution and Departure

• Privy Council's Verdict: The Privy Council's conclusion stipulated:
  1. The requirement for escort by sea in the deportation order was dropped.
  2. The destination after deportation could not be French colonial territory or protectorates, nor could he travel on a French vessel.
  3. The Hong Kong government would make maximum efforts to ensure his deportation to a place of his choosing.
  4. The Hong Kong government would contribute £250 towards the plaintiff's legal costs.
• Release and Departure: On December 28, 1932, Nguyễn Ái Quốc was released from the hospital and ordered to leave Hong Kong within 21 days.
• Lawyer's Reflection: Lawyer Frank Leb later wrote to Hồ Chí Minh in 1960, stating, "You told me that I saved your life. That may be true. If so, it was the best thing I ever did, and it was always a wise thing."
• Family's Recollections: Leb's daughter, Patricia, recalled her father speaking highly of Hồ Chí Minh, whom he respected like a father. Mrs. Loose B remembered the difficult days of imprisonment but expressed confidence in the future of the revolution and wished him luck.

6. Escape to China and Moscow

• Strategic Deception: To evade French pursuit, Leb spread the rumor of Nguyễn Ái Quốc's death from tuberculosis. The Comintern's "Daily Worker" in London reported his death in its January 11, 1932 issue.
• Escape by Sea: On the night of May 25, 1933, plainclothes police escorted Nguyễn Ái Quốc by motorboat to a Chinese ship anchored offshore, bound for Haiphong.
• French Pursuit: French police were actively searching for him in southern China.
• Seeking Assistance: Chinese Communist Party members were in hiding. Fortunately, a French parliamentary delegation against war, led by his friend Po Courier, was visiting Shanghai.
• Soong Ching-ling's Role: Nguyễn Ái Quốc sought help from Soong Ching-ling, Sun Yat-sen's widow. He risked driving to her villa in the French concession to leave a letter in her mailbox. He narrowly escaped a French police cordon on his way back due to his conspicuous vehicle.
• Meeting Courier and Comintern Support: Soong Ching-ling facilitated a meeting between Nguyễn Ái Quốc and Po Courier, who was delighted to find his friend alive. Courier helped Nguyễn Ái Quốc connect with Chinese Communist Party members.
• Passage to Vladivostok: They arranged for him to board a Soviet ship bound for Vladivostok under the guise of a wealthy Chinese businessman.

7. Scrutiny in Moscow

• Suspicion of Espionage: Recent revelations from Moscow indicate that Nguyễn Ái Quốc was suspected of espionage for escaping Hong Kong. He was reportedly interrogated by a tribunal including Manuinski, Khang Sinh, and Valeria Vasilieva, though the specific charges are unclear.
• Stalin's Doubts: His differing views from the Sixth Comintern Congress on national revolution and his friendship with the then-under-investigation Borodin were sufficient to raise Stalin's suspicions. The British release in December 1932 also fueled speculation of a deal for freedom.
• Vasilieva's Defense: It is suggested that Manuinski and particularly Vasilieva, who represented the Comintern's apparatus in dealings with Vietnamese students and was a strong advocate for Nguyễn Ái Quốc, protected him. She attributed his troubles to inexperience.
• Comintern Directive: In a letter to the Indochinese Communist Party leadership in South China, she wrote that Nguyễn Ái Quốc needed to study diligently for two years, after which plans would be made for his utilization.

8. Conclusion and Lessons Learned

• Strategic Escape: Nguyễn Ái Quốc's escape from Hong Kong was a remarkable feat, achieved through a combination of legal acumen, resilience, and international support.
• Valuable Experience: The Hong Kong experience, though perilous, provided him with invaluable lessons for future revolutionary activities and highlighted the need for further learning to advance the revolution.
• Legal Preparedness: The narrative emphasizes the importance of understanding and utilizing legal frameworks, particularly in international contexts, to avoid being disadvantaged or exploited. Vietnam's relative weakness in global competition is attributed to a lack of legal knowledge.
• Continued Secrecy: Following his escape, Nguyễn Ái Quốc entered another period of prolonged secrecy, a necessary "pause" to prepare for future actions.

This detailed account underscores Nguyễn Ái Quốc's strategic brilliance, his ability to navigate complex legal and political landscapes, and the critical role of international solidarity in his survival and continued revolutionary work.