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Case No.
WO235/921
Accused
Sgt. Kawamoto Kaname
Court
Military Court for the Trial of War Criminals No. 7
Charge
First Charge: Committing a War Crime
“in that he at Hong Kong on or about the 27th April 1942, when a member of the Kempeitai, in violation of the laws and usages of war, was concerned in the maltreatment of Sgt. Lloyd, a British Prisoner of War in custody at SHAMSHUIPO POLICE STATION resulting in the death of the said Sgt Lloyd.”
Second Charge: Committing a War Crime
“in that he at Hong Kong between 7th December 1944 and the 5th February 1945, when a member of the Kempeitai at Eastern Gendarmerie Headquarters, in violation of the laws and usages of war, did ill-treat Denis Victor and Tseng Yu Hao, civilians in custody at the said headquarters”.
“in that he at Hong Kong on or about the 27th April 1942, when a member of the Kempeitai, in violation of the laws and usages of war, was concerned in the maltreatment of Sgt. Lloyd, a British Prisoner of War in custody at SHAMSHUIPO POLICE STATION resulting in the death of the said Sgt Lloyd.”
Second Charge: Committing a War Crime
“in that he at Hong Kong between 7th December 1944 and the 5th February 1945, when a member of the Kempeitai at Eastern Gendarmerie Headquarters, in violation of the laws and usages of war, did ill-treat Denis Victor and Tseng Yu Hao, civilians in custody at the said headquarters”.
Background
The Accused was attached to the Eastern District Gendarmerie as a Gendarmerie Sergeant.
The case concerned the torture to death of Sgt. Lloyd, a member of the HKVDC, suspected of having assisted some Prisoners of War (‘POWs’) to escape. There is mention of Noma [Colonel Noma] having been present at the torture, which was said to have been committed by the Accused. Sgt. Lloyd died during the torture. A Japanese doctor certified the cause of death as being heart failure.
The case concerned the torture to death of Sgt. Lloyd, a member of the HKVDC, suspected of having assisted some Prisoners of War (‘POWs’) to escape. There is mention of Noma [Colonel Noma] having been present at the torture, which was said to have been committed by the Accused. Sgt. Lloyd died during the torture. A Japanese doctor certified the cause of death as being heart failure.
Allegations
On the First Charge
It was argued that in April 1942, a Sgt Lloyd of the HKVDC was arrested on suspicion of involvement in the escape of some Indian POWs. He was interrogated by the Accused in the Shamshuipo Station. In order to obtain a forced confession, the Accused inflicted on him, inter alia, beatings and “water torture” (here by pouring water continuously into the victim’s mouth for about half an hour) which caused his death on the spot. This was witnessed by several persons who testified as to the events. The death of Lloyd was later certified. The Prosecution argued that such death was wholly attributable to the Accused.
On the Second Charge
It was argued that the Accused tortured two named civilians, Denis Victor and Tseng Yu Hao at the end of 1944 and at the beginning of 1945 with a view to extracting confessions. Methods used included beatings, setting Alsatian dogs on the victims, water torture and threatening of beheading.
It was argued that in April 1942, a Sgt Lloyd of the HKVDC was arrested on suspicion of involvement in the escape of some Indian POWs. He was interrogated by the Accused in the Shamshuipo Station. In order to obtain a forced confession, the Accused inflicted on him, inter alia, beatings and “water torture” (here by pouring water continuously into the victim’s mouth for about half an hour) which caused his death on the spot. This was witnessed by several persons who testified as to the events. The death of Lloyd was later certified. The Prosecution argued that such death was wholly attributable to the Accused.
On the Second Charge
It was argued that the Accused tortured two named civilians, Denis Victor and Tseng Yu Hao at the end of 1944 and at the beginning of 1945 with a view to extracting confessions. Methods used included beatings, setting Alsatian dogs on the victims, water torture and threatening of beheading.
Defence
The Defence did not substantially dispute the evidence as presented by the Prosecution but only asked the court to decide which side to accept.
The Accused, when in the box, denied any ill-treatment and any knowledge of ill-treatment being inflicted on the identified victims. The Prosecution witnesses were just making assertions without proof. Lloyd, at the end of a proper interrogation, stood up and just dropped down. The Accused called a medical officer to treat him. He was only informed of Lloyd’s death several days later.
The Accused, when in the box, denied any ill-treatment and any knowledge of ill-treatment being inflicted on the identified victims. The Prosecution witnesses were just making assertions without proof. Lloyd, at the end of a proper interrogation, stood up and just dropped down. The Accused called a medical officer to treat him. He was only informed of Lloyd’s death several days later.
Prosecutor
Major D.G. McGregor, Solicitor (Black Watch)
Defence Counsel
Lt. J.R. Haggan, R.E.
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
Unknown (Probably not provided, given the Defence Counsel was British)
Prosecution Witnesses
Denis Victor (Owner, a dancing hall)
Dr. Tseng Yu-hao (Merchant, Import and Export business)
A.J.W. Evans (Manager, British Cigarette Company)
Noma Isany (Member, Government Office Staff)
Pang Kin-cheong (Clerk, Government?s Foreign Affairs Office)
Mrs A.I. Horton (Interpreter, Government?s Foreign Affairs Office)
Chiang Ping-Shoo (Policeman, Shamshuipo Police Station)
Kwok Teh-shang (Policeman, Shamshuipo Police Station)
Chiang Chu-Keh (Policeman, Shamshuipo Police Station)
Sjt/Major Oba Takao (Sergeant/Major, Police Affairs, Eastern District Gendarmerie.)
Defence Witnesses
Kawamoto Kaname (Accused)
Trial Dates
09-Jul-1946
10-Jul-1946
Judgement Date
10-Jul-1946
Judgement Confirmation Date
18-Nov-1946
Judgement Promulgation Date
18-Nov-1946
Judgement
Held – that the Accused was guilty
Petition
The Accused did not petition. The Judge Advocate [unidentified Colonel, Offg. DJAG, Allied Land Forces, SEA, 8 November 1946] pointed out that there was a delay in the confirmation process because the authorities were awaiting a petition, but it never came although the Defence was informed of this right.
According to the Judge Advocate, “In my opinion there is ample evidence of the death of Sgt.Lloyd, his identity has been adequately established and there is no doubt whatever that Kawamoto was the prime and only mover in the whole transaction.” As for the other allegations of torture, “Kawamoto was in every case the chief torturer.”
“In my opinion, the evidence fully supports the conviction on both charges, the proceedings are in order and I advise confirmation. I can see no circumstances which I should point out to you as mitigating the sentence”. The Judge Advocate recommended confirmation of the death sentence.
According to the Judge Advocate, “In my opinion there is ample evidence of the death of Sgt.Lloyd, his identity has been adequately established and there is no doubt whatever that Kawamoto was the prime and only mover in the whole transaction.” As for the other allegations of torture, “Kawamoto was in every case the chief torturer.”
“In my opinion, the evidence fully supports the conviction on both charges, the proceedings are in order and I advise confirmation. I can see no circumstances which I should point out to you as mitigating the sentence”. The Judge Advocate recommended confirmation of the death sentence.
Sentence Imposed
Death by hanging. Carried out 22 November 1946 at Stanley Prison.
Keywords
Hong Kong; Kempeitai; Gendarme/Gendarmes/Gendarmerie; Civilians; Prisoner of War; Attempted escape; "concerned in"; Committed; Torture; Cruel Inhuman or Degrading Treatment; Unlawful Killing; War Crimes; Violations of laws and customs of war; Mitigating circumstances