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Case No.
WO235/1073
Accused
Lt. Obata Chikuro (D1)
W/O. Takayama Masao (D2)
W/O. Yabuki Rikie (D3)
W/O. Oda Tanpei (D4)
S/M. Saruwatari Norishige (D5)
Sgt. Kebo Yoshiji (D6)
Sgt. Sasaki Yoshize (D7)
Senior Ptd. Watanabe Tamotsu (D8)
Court
Military Court for the Trial of War Criminals No. 5
Charge
Committing a War Crime
“In that they at the New Territories, Hong Kong, between the end of February 1945, and the 15th August, 1945, the Accused Lieut. OBATA CHIKURO as Commanding Officer and the other Accused as members of the SHEUNG SHUI DISTRICT KEMPEITAI, were, in violation of the laws and usages of war, concerned in the illtreatment of Chinese residents in the New Territories causing the death of some and physical sufferings to other.”
“In that they at the New Territories, Hong Kong, between the end of February 1945, and the 15th August, 1945, the Accused Lieut. OBATA CHIKURO as Commanding Officer and the other Accused as members of the SHEUNG SHUI DISTRICT KEMPEITAI, were, in violation of the laws and usages of war, concerned in the illtreatment of Chinese residents in the New Territories causing the death of some and physical sufferings to other.”
Background
All the Accused were members of the Kempeitai, working in the New Territories during the material period.
D1 was the officer in charge of the District. The other Accused either served at the Headquarters or at the Sub-Station.
D1 was the officer in charge of the District. The other Accused either served at the Headquarters or at the Sub-Station.
Allegations
D1 was alleged to have tortured and beaten a detainee to death. On discovery, the corpse of this victim was found to have fractured ribs, and a broken left eye, and was covered with bruises.
D2 allegedly arrested PW26 (Fan Kwok Leung) and beat him with a rifle and poles, and also kicked his body until he lost consciousness. The victim testified that after he gained consciousness, he saw a person’s head being cut off with D2’s sword which D2 lent to another Japanese.
D3 allegedly arrested PW7 and tortured him twice. PW7 also claimed he saw three others being tortured by D3. A few other witnesses also stated that D3 tortured them.
D4 was in charge of Shataukok sub-station where and when the tortures happened. He was also said to have visited the interrogation rooms during the questioning time.
D5 allegedly ill-treated PWs 12, 14, 17, 18, 19, 20, 23, 24 and 25 when Sgt. Kebo Yoshiji (D6) was present.
D7 allegedly arrested, beat and hung up PW21, and was present when PW22 was tortured.
D8 allegedly arrested and tortured PW15.
D2 allegedly arrested PW26 (Fan Kwok Leung) and beat him with a rifle and poles, and also kicked his body until he lost consciousness. The victim testified that after he gained consciousness, he saw a person’s head being cut off with D2’s sword which D2 lent to another Japanese.
D3 allegedly arrested PW7 and tortured him twice. PW7 also claimed he saw three others being tortured by D3. A few other witnesses also stated that D3 tortured them.
D4 was in charge of Shataukok sub-station where and when the tortures happened. He was also said to have visited the interrogation rooms during the questioning time.
D5 allegedly ill-treated PWs 12, 14, 17, 18, 19, 20, 23, 24 and 25 when Sgt. Kebo Yoshiji (D6) was present.
D7 allegedly arrested, beat and hung up PW21, and was present when PW22 was tortured.
D8 allegedly arrested and tortured PW15.
Defence
D1 admitted he was in charge of the various detachments and Kempeitai sub-stations during the material time. But, he stated that Cheung How died of gastro-enteritis. He denied that he had knowledge of any ill-treatment as alleged.
D2 stated that he was only ordered by Col. Karagawa to round up some suspects in the village. As for the beheading, he claimed that he only knew of it when he arrived at the spot after hearing during a meal. At the scene, he saw a Chinese with his head off, and Yamada (Accused in case 1057, on a separate charge) holding a pistol in his hand. He added that Yamada was wearing civilian clothes, but both he and Yamada were carrying a sword.
D3 denied any ill-treatment.
D4 admitted interrogating suspects but denied ill-treating them.
D5 admitted he was attached to the Shataukok sub-station and stated that 5 suspects were arrested, but denied ill-treating any of them.
D6 admitted he was present at the interrogation but denied any ill-treatment.
D7 claimed that he was in hospital during the material period and, therefore, had not carried out any ill-treatment.
D8 admitted taking prisoners for interrogation but denied ill-treating them.
D2 stated that he was only ordered by Col. Karagawa to round up some suspects in the village. As for the beheading, he claimed that he only knew of it when he arrived at the spot after hearing during a meal. At the scene, he saw a Chinese with his head off, and Yamada (Accused in case 1057, on a separate charge) holding a pistol in his hand. He added that Yamada was wearing civilian clothes, but both he and Yamada were carrying a sword.
D3 denied any ill-treatment.
D4 admitted interrogating suspects but denied ill-treating them.
D5 admitted he was attached to the Shataukok sub-station and stated that 5 suspects were arrested, but denied ill-treating any of them.
D6 admitted he was present at the interrogation but denied any ill-treatment.
D7 claimed that he was in hospital during the material period and, therefore, had not carried out any ill-treatment.
D8 admitted taking prisoners for interrogation but denied ill-treating them.
Prosecutor
Major M.I. Ormsby (West Yorks)
Defence Counsel
Mr. Hirose Washiro (Barrister of the Supreme Court, Tokyo)
Judges
President: Lt. Col R.C. Laming (Barrister, General List, Indian Army)
Members: Major R.S. Butterfield (Indian Grenadiers); Captain Benyon (R.E.)
Members: Major R.S. Butterfield (Indian Grenadiers); Captain Benyon (R.E.)
Advisory Officer
Lieut D.C.J. Banfield (The Buffs)
Prosecution Witnesses
F.V. Collison(Captain)
Choy Fat(Businessman)
Cheung Lok(Farmer)
Cheung Kok Tai(Farmer)
Lee Tak Ru(Hawker)
Lum Siu Mun(Hawker)
Mun Ying Sau(Farmer)
Mun Ping Tai(Policeman)
Cheung Wing Lok(Farmer)
Chung Wah Bing(Farmer)
Mun Sam Fook(Farmer)
Chung On(Farmer)
Cheung Kok Mun(Farmer)
Tong Lui(Farmer)
Kwan King(Photographer)
Hou Kan Mui(Fitter)
Tang Shun(Farmer)
Chung Kin Tai(Farmer)
Lee Yat Sung(Pharmacist)
Lee Fuk(Farmer)
Cham Sam chow(Stone Layer)
Chang Tin Sung(Farmer)
Lo Kwai(Farmer)
Tong Chau(Farmer)
Chan Fook Cheung(Businessman)
Pan Kwok Leung(Farmer)
Arthur Tsang(Businessman for fertilizer)
Wong Yuk Lum(Fisherman)
Chan Ying Choy(Unknown)
Lee San Yau(Farmer)
Kwok Lip Chai(Unknown)
Major Bretherton(Major)
Yip Keung Ki(Medical Practitioner)
R.J. Rew(Corporal)
Defence Witnesses
Obata Chikuro (Accused)(Lieutenant)
Sasaki Yoshisho(Soldier)
Watanabe Tanotsu(Superior Private)
Yabuki Rikie (Accused)(Warrant Officer)
Oda Tanpei (Accused)(Warrant Officer)
Saruwatari Merishige(Sergeant Major)
Kebo Yishiji(Sergeant)
Takayama Masao (Accused)(Warrant Officer)
Yoshioka Kiao(Sergeant)
Martin Geoffrey Leigh Thomas(Lieutenant)
Court Witnesses
J.R. Milne(Lieutenant)
M.I. Ormsby(Major)
Surgeon Commander Gurd(Commander)
Trial Dates
05-Aug-1947
06-Aug-1947
07-Aug-1947
08-Aug-1947
09-Aug-1947
11-Aug-1947
12-Aug-1947
13-Aug-1947
14-Aug-1947
15-Aug-1947
16-Aug-1947
18-Aug-1947
19-Aug-1947
20-Aug-1947
21-Aug-1947
22-Aug-1947
25-Aug-1947
26-Aug-1947
27-Aug-1947
28-Aug-1947
29-Aug-1947
01-Sep-1947
02-Sep-1947
03-Sep-1947
04-Sep-1947
08-Sep-1947
09-Sep-1947
16-Sep-1947
17-Sep-1947
Judgement Date
17-Sep-1947
Judgement
D1, D2, D3, D4, D5, D6, D8: Guilty
D7: Not Guilty
D7: Not Guilty
Petition
D1 submitted a Petition. He explained that at the time, anti-Japanese activities were rampant and he had a difficult task. Nevertheless, he did his best to control his subordinates.
D2 submitted a Petition repeating the arguments at trial, adding that even if he is convicted he should not be sentenced to death by hanging.
In reviewing the case, the Judge Advocate [unidentified Brigadier, DJAG, Far East Land Forces] recommended confirmation of findings and sentences:
“There was ample evidence before the Court to support the convictions. As regards No. 2 Accused who was sentenced to be hanged, although he did not actually carry out the killing, three witnesses stated he was at the spot at the time and two witnesses stated that although he was speaking in Japanese which they did not understand he seemed to be directing the operation both before and after the killing. Further-more it seems that the Court came to the conclusion that he handed his sword to Yamada the actual killer. Yamada was in civilian clothes for the purpose of secrecy and would not be carrying a sword. DW9 (page 485) stated that he had know No. 2 Accused to carry a sword as a member of the Secret Armed Force without anyone knowing it. He would sometimes paint it black and use it as a walking stick. Evidently the Court did not believe the story”.
D2 submitted a Petition repeating the arguments at trial, adding that even if he is convicted he should not be sentenced to death by hanging.
In reviewing the case, the Judge Advocate [unidentified Brigadier, DJAG, Far East Land Forces] recommended confirmation of findings and sentences:
“There was ample evidence before the Court to support the convictions. As regards No. 2 Accused who was sentenced to be hanged, although he did not actually carry out the killing, three witnesses stated he was at the spot at the time and two witnesses stated that although he was speaking in Japanese which they did not understand he seemed to be directing the operation both before and after the killing. Further-more it seems that the Court came to the conclusion that he handed his sword to Yamada the actual killer. Yamada was in civilian clothes for the purpose of secrecy and would not be carrying a sword. DW9 (page 485) stated that he had know No. 2 Accused to carry a sword as a member of the Secret Armed Force without anyone knowing it. He would sometimes paint it black and use it as a walking stick. Evidently the Court did not believe the story”.
Sentence Imposed
D1: Imprisonment of 12 years;
D2: Death by hanging;
D3: Imprisonment of 11 years;
D4: Imprisonment of 5 years;
D5: Imprisonment of 5 years;
D6: Imprisonment of 3 years;
D8: Imprisonment of 1 years.
D2: Death by hanging;
D3: Imprisonment of 11 years;
D4: Imprisonment of 5 years;
D5: Imprisonment of 5 years;
D6: Imprisonment of 3 years;
D8: Imprisonment of 1 years.
Keywords
Hong Kong; Kempeitai; Gendarme/Gendarmes/Gendarmerie; Place of Detention; Unlawful killing; Torture; Cruel Inhuman or Degrading Treatment; Ordered; Interrogation; Sickness or Disease; War Crimes; Violations of laws and customs of war; Death from natural causes
Remarks
1 lawyer representing 8 Co-Accused.