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Case No.
WO235/1078
Accused
Sgt. Kuwano Nobuyuki
Court
Military Court for the Trial of War Criminals No. 7
Charge
First Charge: Committing a War Crime
“in that he, at Hong Kong in or about the month of September 1943, was, in Violation of the Laws and Usages of war, concerned in the illtreatment of Li Chi Kwan, a civilian resident of Hong Kong aforesaid.”
Second Charge: Committing a War Crime
“in that he, at Kowloon in the Colony of Hong Kong between the 24th May 1945 and 1st June 1945, was, in violation of the Laws and Usages of War, concerned in the illtreatment of Chan Chor Bun and Wong Chor Key civilian residents of Hong Kong aforesaid.”
“in that he, at Hong Kong in or about the month of September 1943, was, in Violation of the Laws and Usages of war, concerned in the illtreatment of Li Chi Kwan, a civilian resident of Hong Kong aforesaid.”
Second Charge: Committing a War Crime
“in that he, at Kowloon in the Colony of Hong Kong between the 24th May 1945 and 1st June 1945, was, in violation of the Laws and Usages of War, concerned in the illtreatment of Chan Chor Bun and Wong Chor Key civilian residents of Hong Kong aforesaid.”
Background
This case concerns ill-treatment of three local Chinese in detention, allegedly at the hands of the Accused.
Allegations
In relation to the first charge, Li Chu Kwan alleged that he was arrested for being a spy and was beaten by the Accused with an axe handle, a belt, kicked, thrown to the ground and had his hands hammered.
As to the second charge, Chan Chor Bun stated that he was arrested by the Accused for the same reason and was beaten by the Accused and thrown onto the ground 10 times. He was also beaten with a rope and suspended until he became unconscious. He was also given “water torture” and kicked by the Accused.
Wong Chor Key also alleged he was arrested for the same reason. As he refused to confess, he was knocked about by 4 detectives in the presence of the Accused and subjected to "water torture". His chest was burnt with a cigarette and lighted paper was put in his trousers. He was beaten with a rope. He was suspended and hit with a chain. On another day, he was subjected to electric torture by the Accused.
As to the second charge, Chan Chor Bun stated that he was arrested by the Accused for the same reason and was beaten by the Accused and thrown onto the ground 10 times. He was also beaten with a rope and suspended until he became unconscious. He was also given “water torture” and kicked by the Accused.
Wong Chor Key also alleged he was arrested for the same reason. As he refused to confess, he was knocked about by 4 detectives in the presence of the Accused and subjected to "water torture". His chest was burnt with a cigarette and lighted paper was put in his trousers. He was beaten with a rope. He was suspended and hit with a chain. On another day, he was subjected to electric torture by the Accused.
Defence
The Defence generally disputed the facts of the Prosecution’s case. The Accused admitted interrogating Li Chu Kwan and the arrest of Wong Chor Key, but denied ill-treating them except for slapping the latter once. He also denied any knowledge of Chan Chor Bun.
The reliability of the statements provided by the alleged victims was also challenged.
The reliability of the statements provided by the alleged victims was also challenged.
Prosecutor
Major J.T.N. Cross (Royal Artillery, DAJAG War Crimes Legal Section, G.H.Q. FARKLF)
Defence Counsel
Mr. Hirakawa Chiaki (Japanese Lawyer)
Judges
President: Lt.-Col. N.G. Wait (Intelligence Corps)
Members: Major Clayworth (Royal Artillery), Capt. R.B.R. Gorely (King’s Royal Rifle Corps)
Members: Major Clayworth (Royal Artillery), Capt. R.B.R. Gorely (King’s Royal Rifle Corps)
Advisory Officer
2/Lt. G.L. Falkoff (2nd Buffs)
Prosecution Witnesses
Li Cho Kwan(Victim)
Lam Wah(Unemployed)
Chan Chor Bun(Victim)
Wong Chor Key(Victim)
Defence Witnesses
Kuwano Nobuyuki(Accused)
Kamada Yasushi(Former Sergeant/Major of the Gendarmerie)
Omura Kiyoshi(Warrant Officer)
Trial Dates
20-Aug-1947
21-Aug-1947
22-Aug-1947
26-Aug-1947
27-Aug-1947
01-Sep-1947
Judgement Date
01-Sep-1947
Judgement
First Charge: Not guilty;
Second Charge: Guilty with the exception of the words “Chan Chor Bun and” and the “s” in the word “residents.”
Second Charge: Guilty with the exception of the words “Chan Chor Bun and” and the “s” in the word “residents.”
Petition
There is no record of a Petition.
The Judge Advocate [unidentified Brigadier, DJAG, Far East Land Forces, 22 October 1947] advised as follows.
“It is not entirely clear why the Court acquitted the accused on the 1st charge and found him not guilty of illtreating Chan Chor Bun; presumably they considered the witnesses unreliable on these points. The evidence in respect of the illtreatment of Wong Chor Key is ample to support the conviction and I advise that the finding on the 2nd charge and the sentence be confirmed. It is not necessary to confirm the finding of acquittal on the 1st charge.”
The Judge Advocate [unidentified Brigadier, DJAG, Far East Land Forces, 22 October 1947] advised as follows.
“It is not entirely clear why the Court acquitted the accused on the 1st charge and found him not guilty of illtreating Chan Chor Bun; presumably they considered the witnesses unreliable on these points. The evidence in respect of the illtreatment of Wong Chor Key is ample to support the conviction and I advise that the finding on the 2nd charge and the sentence be confirmed. It is not necessary to confirm the finding of acquittal on the 1st charge.”
Sentence Imposed
Imprisonment of 18 months
Keywords
Hong Kong; Kempeitai; Gendarme/Gendarmes/Gendarmerie; Civilians; Place of Detention; Espionage; "concerned in"; Committed; Interrogation; Torture; Cruel Inhuman or Degrading Treatment; Beating; War Crimes; Violations of laws and customs of war