WO235/1015

Major Gen. Shoji Toshishige

Military Court for the Trial of War Criminals No. 5

Committing a War Crime
“in that he at Hong Kong between the 17th and 26th December 1941, when Commanding Officer of the 230th Infantry Regiment of the 38th Division of the Imperial Japanese Army, was, in violation of the laws and usages of wars, concerned in the ill-treatment and killing of British, Canadian, Chinese and Indian troops and Red Cross personnel after they had been taken prisoners of war”.

In the period 17-26 December 1941, the Accused was in command of the 230th Infantry Unit. This was one of the units that attacked and captured Hong Kong. About 200 Prisoners of War (‘POWs’) were captured, comprising British, Canadian, Chinese and Indian troops.

The Prosecution alleged that the 230th Infantry Unit, under the command of the Accused, committed many abuses. Captured POWs were ill-treated. There was not sufficient space for the captives to lie down in the tiny hut that they were forced into. Those who tried to escape were attacked and killed. Others were forced to march to North Point and those who were not fit were left in the hut (they have not been seen since). One of the party collapsed during the march and was killed by the Japanese escort.

A party of St. John’s Ambulance bearers, wearing Red Cross brassards, came out of their shelter and surrendered. Every one of its members was killed by the Japanese. A party of the RMAC came out of the ADS to surrender – they were beaten, tied together and their Red Cross brassards torn off.

POWs were forced to walk on bare feet.

The Defence responded with a submission of no case to answer, without calling any witnesses.

The Defence contended that there was no proof that the 230th Infantry Unit had anything to do with these crimes.

It was accepted.

Major G.B. Puddicombe, (K.C. Advocate, The Victoria Rifles of Canada)

Mr Takano Junjiro (Japanese Barrister)

President: Lt. Col R.C. Laming, Barrister (Dept of the JAG, India)
Members: Major J.T. Loranger; Capt. K.R. Busfield (RAC)

Capt. J.N. Whitehorn (Inteeligence Corps)

Maj G.B. Puddicombe(Prosecutor)

Capt E.C. Watson(Captain)

Sergeant Roy Ito(Canadian Intelligence Corps)

Alphonse Rigold(Interpreter with the War Crimes Investigation Unit, HK)

Capt. Uchiyama Yukio(Commander of the Western District Gendarmerie)

Edward Charles Fincher(Unknown)

James Risley Winyard(Lance-Corporal)

Francis R. Zimmern(Stockbroker)

George James White(Hong Kong Volunteer Defence Corps)

Cheung Shui Ling(School-teacher)

Lt.Col. J.A. Bailie(Canadian Army)

Ian Philip Tamworth(Hong Kong Volunteer Defence Corps)

Sasaki Yoichi(Interpreter to No. 5 War Crimes Court)

10-Mar-1947

11-Mar-1947

12-Mar-1947

13-Mar-1947

14-Mar-1947

17-Mar-1947

17-Mar-1947

Not guilty – the Court accepted that there was no case to answer

N/A

N/A

Battle for Hong Kong; 38th Infantry Unit; Imperial Japanese Army; Hong Kong; Prisoners of War; Sick or wounded; Medical or related personnel; Medical formations and establishments; Red Cross; St Johns Ambulance; Surrender; "concerned in"; War Crimes; Violations of laws and customs of war; Prisoners of War; Unlawful Killing; Cruel Inhuman or Degrading Treatment; Military Command Responsibility

Refer to the cases of Lt. Gen. Ito Takeo (Case No. WO/235/1107) and Major General Tanaka Ryosaburo (Case No. WO/235/1130).