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Case No.
WO235/1057
Accused
S/M Kamada Yasushi
Court
Military Court for the Trial of War Criminals No. 5
Charge
Committing a War Crime
“in that he, at Hong Kong between 1st June 1945 and 31st August 1945, was, in violation of the laws and usages of war concerned in the illtreatment of Li Wai Lam, Chang Kwan Woo, Ng Wo Shun, Ng Shing and othe Chinese, which illtreatment resulted in the death of Ng Shing and five other Chinese, names unknown and bodily suffering to the other aforesaid Chinese.”
“in that he, at Hong Kong between 1st June 1945 and 31st August 1945, was, in violation of the laws and usages of war concerned in the illtreatment of Li Wai Lam, Chang Kwan Woo, Ng Wo Shun, Ng Shing and othe Chinese, which illtreatment resulted in the death of Ng Shing and five other Chinese, names unknown and bodily suffering to the other aforesaid Chinese.”
Background
The Accused was senior NCO of Shaukiwan Kempeitai Detachment, Hong Kong. He was accused of maltreatment and torture, resulting in a number of deaths.
Allegations
The Prosecution alleged that five Chinese were arrested by the Accused and detained in the Shaukiwan Detention Station. The Accused allegedly tortured them, including by beating, burning of the private parts by pouring petrol or such like over the victim, placing a pencil between the fingers, throwing lighted cigarette ends inside the clothing of the prisoners, water torture and suspension to a beam.
Although there was no eye-witness testimony of ill-treatment leading to the deaths, the Prosecution submitted evidence inferring such a conclusion. A prisoner was seen being taken out from the cell by the Accused and returned to the cell – he died the next morning. Another returned in a dying condition but was removed from the cell again so witnesses could not tell whether he was dead.
Although there was no eye-witness testimony of ill-treatment leading to the deaths, the Prosecution submitted evidence inferring such a conclusion. A prisoner was seen being taken out from the cell by the Accused and returned to the cell – he died the next morning. Another returned in a dying condition but was removed from the cell again so witnesses could not tell whether he was dead.
Defence
The Accused admitted that he was in charge of the Criminal Section at Shaukiwan and admitted arresting Prosecution witnesses PW2, PW3, PW4 and interrogating them. But he denied all accusations of ill-treating them.
As to the alleged deaths, he denied that there were any deaths.
He also stressed that, among the five persons arrested, two were released.
As to the alleged deaths, he denied that there were any deaths.
He also stressed that, among the five persons arrested, two were released.
Prosecutor
Major M.I. Ormsby (West Yorks)
Defence Counsel
Mr. Hirakawa Chiaki (Japanese Lawyer)
Judges
President: Lt.Col. R.C. Laming (MBE, G.I.A. Barrister-at-Law)
Members: Major R.S. Butterfield (Ind. Grenadiers), Captain I.E. Gamble (Buffs att. R.A.)
Members: Major R.S. Butterfield (Ind. Grenadiers), Captain I.E. Gamble (Buffs att. R.A.)
Advisory Officer
Lt. D.C.J. Banfield (The Buffs)
Prosecution Witnesses
Major Ormsby(Major)
Chang Kwan Woo(Photographer)
Ng Wo Shun(Kitchen Worker)
Li Wai Lam(Mechanic)
Defence Witnesses
Kamada Yasushi(Sergeant Major)
Korozawa Hireo(Warrant Officer)
Matsunobu Shigeru(Sergeant Major)
George Tong(Interpreter)
Court Witnesses
Moodie(Unknown)
Stanley George Smith(Chief Inspector)
Trial Dates
11-Jul-1947
12-Jul-1947
14-Jul-1947
15-Jul-1947
16-Jul-1947
17-Jul-1947
22-Jul-1947
30-Jul-1947
Judgement Date
30-Jul-1947
Judgement
Guilty except that “the Court finds you guilty of being concerned in the illtreatment of Li Wai Lam, Chang Kwan Woo, Ng Wo Shun, and three other Chinese, names unknown, which illtreatment resulted in the death of two Chinese, names unknown and bodily suffering to the other aforesaid Chinese.”
Petition
The Accused submitted a Petition on 11 August 1947.
The Judge Advocate [unidentified Brigadier, DJAG, Far East Land Forces, 24 September 1947] described it as “merely repeating the arguments” in the trial, including allegations about the unreliability of evidence and witnesses’ statements and the lack of evidence in proving guilt.
An issue arose as to Prosecution witness 4 and an alleged conversation that the Accused claimed to have had with him during an adjournment of the Court. There was an allegation that he gave false testimony. The Judge Advocate pointed out that the witness was cross-examined on this and denied such a statement. In his Petition, the Accused also sought more time to bring forward more evidence in his defence, as he was apparently only given twelve days to prepare for trial. The Judge Advocate observed that at the start of trial, the Accused had confirmed that he was ready to proceed and made no such request for further witnesses during the proceedings.
The Judge Advocate observed that the Court brought in a special finding that the Accused was concerned in the ill-treatment of three named Chinese - Li Wai Lam, Chang Kwan Woo and Ng Wo Shun, and three other unidentified Chinese who were ill-treated to the extent that two of them died.
The Judge Advocate [unidentified Brigadier, DJAG, Far East Land Forces, 24 September 1947] described it as “merely repeating the arguments” in the trial, including allegations about the unreliability of evidence and witnesses’ statements and the lack of evidence in proving guilt.
An issue arose as to Prosecution witness 4 and an alleged conversation that the Accused claimed to have had with him during an adjournment of the Court. There was an allegation that he gave false testimony. The Judge Advocate pointed out that the witness was cross-examined on this and denied such a statement. In his Petition, the Accused also sought more time to bring forward more evidence in his defence, as he was apparently only given twelve days to prepare for trial. The Judge Advocate observed that at the start of trial, the Accused had confirmed that he was ready to proceed and made no such request for further witnesses during the proceedings.
The Judge Advocate observed that the Court brought in a special finding that the Accused was concerned in the ill-treatment of three named Chinese - Li Wai Lam, Chang Kwan Woo and Ng Wo Shun, and three other unidentified Chinese who were ill-treated to the extent that two of them died.
Sentence Imposed
Sentenced to death by hanging, executed on 14 October 1947.
Keywords
Hong Kong; Kempeitai; Gendarme/Gendarmes/Gendarmerie; Civilians; Place of Detention; "concerned in"; Committed; Unlawful Killing; Torture; Cruel Inhuman or Degrading Treatment; Beating; War Crimes; Violations of laws and customs of war
Remarks
The Court visited the Central Police Station and the former Stanley Kempeitai Station. It examined various cells and rooms, and conducted tests to ascertain if the witnesses could indeed have heard what they said they heard. Witnesses were recalled to point out the various rooms that they referred to in earlier testimony.