WO235/1106

Sgt. Maj. Kuwaki Kiyomori (D1)

Sgt. Nakajima Tokuzo (D2)

Military Court for the Trial of War Criminals No. 5

First charge (both): Committing a War Crime
In that they “at Shataukok between the 1st of August 1943 and the 31st of December 1944, the first named accused as Officer Commanding and the second named accused as a member of the Shataukok Gendarmerie, were, in Violation of the laws and usages or war, concerned in the illtreatment of civilian residents of Shataukok aforesaid such illteratment resulting in the deaths among others of Woo Yung, Choy Fok, Mo Ma Tai, Tang Fook, Yip Tin Cheung, Yip Sang, Yip Tin Sung, Lee Wah, Lee Yee Kwei, Lee Koon Kam, Mo Yeung and Mo Yee Choy.”

Second charge (Nakajima Tokuzo only): Committing a War Crime
In that he “at Shataukok, in the months of June and July 1943, was, in violation of the laws and usages of war, concerned in the illtreatment of civilian residents of Nam Chung Village.”

Both Kuwaki (D1) and Nakajima (D2) were members of a Kempei section stationed at Shataukok during the material period. D1 was alleged to be the Officer in Charge of Shataukok Gendarmerie. The Shautaukok Gendarmerie carried out mass arrests in the nearby villages, due to suspicions that the villagers were taking part in “Communistic activities”. The detainees were kept in the Shataukok Headquarters and subjected to ill-treatment, in some instances leading to death.

It was alleged that many prisoners suffered torture and ill-treatment at the hands of both Accused, which included savage beatings with sticks and iron rods, burning with cigarettes and lighted paper, beating with a hammer, starvation, water and aeroplane tortures and various other forms of ill-treatment.

D2 was alleged to have committed torture that caused the death of 7 prisoners. On one occasion, torture was committed by passing an electric shock through a prisoner, which caused his death.

Both Accused claimed that Shataukok was the centre of considerable anti-Japanese and "communistic activities" and because of this, a company of Japanese soldiers was despatched to try and restore order. Both claimed that the witnesses mixed up the Kempei soldiers under their control with this company of soldiers. They alleged that the latter were the ones who actually committed the tortures.
D1 claimed that he was never involved in any interrogations because he was hospitalized in that period due to inflammation of the appendix.

D2 claimed that he was in charge of administration and clerical work only and did not actually have time to interrogate any prisoner.

Major J.T.N. Cross (Royal Army, DAJAG, FARELF)

Mr. Hirakawa Chiaki (Member of the Bar Association, Osaka)

President: Lt. Col R.C. Laming, Barrister (Dept of the JAG, India)
Members: Major R.S. Butterfield (Indian Grenadiers); Capt. J. Benyon (Royal Engineer)

Lt. D.C.J. Banfield (The Buffs)

Lo Koon Ping (Rice Bureau)

Capt. F.V. Collison (Captain)

Yip Yun (Shop Keeper)

Cheung Choy (Unknown)

Lo Pun (Villager, Prisoner)

Lee Fook (Villager, Prisoner)

Yip Kut Wai (Villager, Prisoner)

Yip Kut Pong (Unknown)

Yip Kut Wang (Villager, Prisoner)

Cheung Tai (Wife of Yip Sang)

Cheung Lam Fook (Villager, Prisoner)

George Tong (Acting Monitor)

Tsang Mo Cheung (Villager, Prisoner)

Tsang Chung Cheong (Villager, Prisoner)

Tsang Hing (Shop worker)

Cheung Choy (Villager, Prisoner)

Mo Yau (Villager, Prisoner)

Yau Koon Tai (Villager, Prisoner)

Tsang Bing Fook (Villager, Prisoner)

Tsang Kwai (Villager, Prisoner)

Soon Koon Tse (Villager, Prisoner)

Chung On (Villager, Prisoner)

Loo Kwai (Villager, Prisoner)

Chung Kok Man (Villager, Prisoner)

Tong Lui (Villager, Prisoner)

Major Hirao Yoshio (Japanese Major)

Yip Mao Heung (Villager, Prisoner)

Wan Sze (Villager, Prisoner)

Tsang Tsap Wan (Head of village)

Lee Loi (Villager, Prisoner)

Cheung Poo Mun (Doctor)

Tsang Tun (Unknown)

Sgt. Maj. Kuwaki Kiyomori (Accused)

Sgt. Nakajima Tokuzo (Accused)

Shiozawa Kunio (Kempei Major)

Omura Kioshi (Kempei Warrant Officer)

Osa Tanpei (Warrant Officer)

Sgt. Maj. Hokazuno Yukuo (Sgt. Maj.)

Mr. Tse (Senior Clerk Interpreter)

Mr. Kwok (Interpreter)

Major Sharpe (D.A.D.H., H.Q. Land Forces)

Sgt. Hisao Kawai (Kampei Sergeant)

01-Nov-1947

03-Nov-1947

04-Nov-1947

05-Nov-1947

06-Nov-1947

07-Nov-1947

08-Nov-1947

10-Nov-1947

11-Nov-1947

12-Nov-1947

13-Nov-1947

14-Nov-1947

26-Nov-1947

27-Nov-1947

28-Nov-1947

29-Nov-1947

01-Dec-1947

02-Dec-1947

03-Dec-1947

04-Dec-1947

10-Dec-1947

11-Dec-1947

17-Dec-1947

17-Dec-1947

D1:
First Charge: Guilty “except that the court finds that this accused was the officer Commanding the Shataukok Gendarmerie between 4th August 1943 and 15th June 1944 and not between 1st August 1943 and 31st December 1944 and except for the words “such ill treatment resulting in the deaths among others of Woo Yung, Choy Fok, Mo Ma Tai, Tang Fook, Yip Tin Cheung, Yip Sang, Yip Tin Sung, Lee Wah, Lee Yee Kwei, Lee Koon Kam, Mo Yeung and Mo Yee Choy”.

D2:
First Charge: Guilty “except that the Court finds that this accused was a member of the Shataukok Gendarmerie between August 1943 and 20th December 1944 and not between 1st August 1943 and 31th December 1944, and except for the words “among others” and the words “Choy Fuk”, “Mo Ma Tai”, “Tang Fook”, “Lee Yee Kwei”, “Lee Koon Kam”.

Second Charge: Guilty.

D2 submitted a Petition against his sentence of death, alleging that security operations were necessary in Shataukok to control anti-Japanese and “Communistic activities”, and that the torture was committed by others, not him.

The Judge Advocate [unidentified Colonel, DJAG, Far East Land Forces, 9 February 1948] concluded "There is ample evidence to justify the findings and the sentences and I advise that they be confirmed". In particular, he noted that there was ample proof that the deaths of the seven victims were the result of the tortures and beatings carried out by D2 himself.

D1: Imprisonment of 4 years;
D2: Death by hanging. Carried out at Stanley Prison, Hong Kong, on 9th March 1948.

Hong Kong; Kempeitai; Gendarme/Gendarmes/Gendarmerie; Civilians; Guerilla Activity; Anti-Japanese Activity; Communist Activities;
Place of Detention; "concerned in"; Commission; Interrogation; Torture; Cruel Inhuman or Degrading Treatment; Unlawful Killing; Starvation; Failure to provide adequate food and/or care; Command Responsibility; Military Command Responsibility; Alibi; Mistaken Identity; War Crimes; Violations of laws and customs of war; Necessity

Same lawyer represented both Accused.