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Case No.
WO235/915
Accused
Sgt. Miyasue Suekichi
Court
Military Court for the Trial of War Criminals No. 7
Charge
Committing a War Crime
‘in that he at Hong Kong between 26th March, 1944 and the 31st July, 1945, when a member of the Interrogating Staff of the Gendarmerie, was in violation of the laws and usages of war, concerned in the ill treatment of civilians arrested by the Japanese Gendarmerie, resulting in the death of ARCHIE WONG and in physical suffering to others of the said civilians”
‘in that he at Hong Kong between 26th March, 1944 and the 31st July, 1945, when a member of the Interrogating Staff of the Gendarmerie, was in violation of the laws and usages of war, concerned in the ill treatment of civilians arrested by the Japanese Gendarmerie, resulting in the death of ARCHIE WONG and in physical suffering to others of the said civilians”
Background
The Accused was a Sergeant attached to an infantry regiment and was later transferred to the Western Gendarmerie.
In March 1944, May 1945 and June 1945, certain civilians, including Archie Wong, were arrested and interrogated in the Happy Valley Gendarmerie and Western Gendarmerie. There, they were ill-treated, and Archie Wong died as a result of that maltreatment.
In March 1944, May 1945 and June 1945, certain civilians, including Archie Wong, were arrested and interrogated in the Happy Valley Gendarmerie and Western Gendarmerie. There, they were ill-treated, and Archie Wong died as a result of that maltreatment.
Allegations
The Prosecution argued that the Accused was responsible for ill-treatment inflicted on certain named civilians, including Archie Wong. It was alleged that in March 1944, a civilian (Ladd) was arrested by the Accused. He was taken to the Happy Valley Gendarmerie where the Accused ill-treated him by beating, kicking, and water torture.
The Prosecution also alleged that during May and June 1945, a number of other civilians were arrested (Wong, Tsui, Yeung, Omar and Cureen) and taken to the Western Gendarmerie. There, they were beaten, and tortured by the Accused. Wong was highlighted as being interrogated and tortured to death. He was beaten and reduced to a situation in which he was unable to take food or look after himself. As a result, he later died in the cell.
The Prosecution also alleged that during May and June 1945, a number of other civilians were arrested (Wong, Tsui, Yeung, Omar and Cureen) and taken to the Western Gendarmerie. There, they were beaten, and tortured by the Accused. Wong was highlighted as being interrogated and tortured to death. He was beaten and reduced to a situation in which he was unable to take food or look after himself. As a result, he later died in the cell.
Defence
The Defence admitted that there was an interrogation, however, it denied any ill-treatment or torture.
The Accused argued that the Gendarmerie made investigations and those arrested were suspected of criminal activities. He interrogated the civilians under the order of his superior, Sakamoto. He admitted that he interrogated Ladd, Yeung Ka Sing and Tsui but denied any beating or ill-treatment.
The Accused also admitted arresting Omar, Curreen and Wong. But, apart from admitting that he lightly struck Omar, he denied interrogation or beating of Curreen or Wong. He admitted that Wong seemed to be weak, but denied he had ever struck him. He further argued that once he handed the civilian suspects to the Public Procurator’s Office, he had no control over them.
The Accused argued that the Gendarmerie made investigations and those arrested were suspected of criminal activities. He interrogated the civilians under the order of his superior, Sakamoto. He admitted that he interrogated Ladd, Yeung Ka Sing and Tsui but denied any beating or ill-treatment.
The Accused also admitted arresting Omar, Curreen and Wong. But, apart from admitting that he lightly struck Omar, he denied interrogation or beating of Curreen or Wong. He admitted that Wong seemed to be weak, but denied he had ever struck him. He further argued that once he handed the civilian suspects to the Public Procurator’s Office, he had no control over them.
Prosecutor
Major D.G. McGregor, Solicitor (Black Watch)
Defence Counsel
Mr. Fujita Tetsuo (Japanese Barrister)
Judges
President: Lt. Col. J.C. Stewart (Dept. of JAG, India, Solicitor)
Members: Major M.I. Ormsby (West Yorks Regiment); Capt B.N. Kaul (The Frontier Force Regt.)
Members: Major M.I. Ormsby (West Yorks Regiment); Capt B.N. Kaul (The Frontier Force Regt.)
Advisory Officer
Major W.M. Gray, The Cameronians (Scottish Rifles)
Prosecution Witnesses
Major K. Hussain (War Crimes Investigation Unit)
George Samuel Ladd (Accountant)
Yeung Kar-sing (Employee, Queen?s Dancing Hall)
Osman Mohamed Omar (Chief Clerk and Private Secretary to Mr. Li Yau-cheun)
Madame Law Shu-kwan (Mother of Archie Wong)
Abdool Curreem (J.S.A. Curreem) (Draftsman, Messer Deacons, Solicitors)
Mrs. O.M. Omar (Spouse of P.W. No. 4)
Defence Witnesses
Miyasue Suekichi (Sergeant, Western Gendarmerie)
Sakamoto Fukujiro (Second Lieutenant, C.O. Western Gendarmerie Station of the Hong Kong Island District Gendarmerie)
Capt. Ogura Kuraichi (Captain, C.O. Hong Kong Island District Gendarmerie)
Sgt-Major Ozeki Sigehisa (Sergeant-Major, Western Gendarmerie.)
Trial Dates
13-Aug-1946
14-Aug-1946
15-Aug-1946
16-Aug-1946
19-Aug-1946
Judgement Date
19-Aug-1946
Judgement Confirmation Date
08-Nov-1946
Judgement Promulgation Date
08-Nov-1946
Judgement
Held: The Accused was guilty.
Petition
The Accused petitioned. He repeated his defence and the denial of ill-treatment, and questioned the probity of the Prosecution’s witnesses. Specifically, he argued that:
1. The verdict was against the weight of the evidence;
2. The sentence was unduly severe in the light of the evidence.
The Judge Advocate [unidentified Colonel, DJAG, Allied Land Forces, SEA, 25 October 1946] advised that the petition be dismissed and the findings and sentence confirmed. “This is a straightforward case in which the accused was well-identified by the Prosecution witnesses, the victims of his ill-treatment. The evidence is well-corroborated as to ill-treatment, as was the decline in health of WONG. The witness OMAR testified to the condition of WONG before he died, when he was unable to take his food and to finding him dead in his cell one morning after his transfer to Central Police Station.”
1. The verdict was against the weight of the evidence;
2. The sentence was unduly severe in the light of the evidence.
The Judge Advocate [unidentified Colonel, DJAG, Allied Land Forces, SEA, 25 October 1946] advised that the petition be dismissed and the findings and sentence confirmed. “This is a straightforward case in which the accused was well-identified by the Prosecution witnesses, the victims of his ill-treatment. The evidence is well-corroborated as to ill-treatment, as was the decline in health of WONG. The witness OMAR testified to the condition of WONG before he died, when he was unable to take his food and to finding him dead in his cell one morning after his transfer to Central Police Station.”
Sentence Imposed
Death by hanging. Carried out on 12 November 1946 at Stanley Prison.
Keywords
Hong Kong; Kempeitai; Gendarme/Gendarmes/Gendarmerie; Civilians; Place of Detention; Interrogation; "concerned in"; Committed; Ordered; Superior Orders; Torture; Cruel Inhuman or Degrading Treatment; Unlawful Killing; Failure to provide adequate medical care; War Crimes; Violations of laws and customs of war