WO235/1015
Dublin Core
Title
WO235/1015
Description
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 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”.
Legal Case Item Type Metadata
Case No.
WO235/1015
Accused
Major Gen. Shoji Toshishige
Court
Military Court for the Trial of War Criminals No. 5
Charge
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 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”.
Background
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.
Allegations
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.
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.
Defence
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.
The Defence contended that there was no proof that the 230th Infantry Unit had anything to do with these crimes.
It was accepted.
Prosecutor
Major G.B. Puddicombe, (K.C. Advocate, The Victoria Rifles of Canada)
Defence Counsel
Mr Takano Junjiro (Japanese Barrister)
Judges
President: Lt. Col R.C. Laming, Barrister (Dept of the JAG, India)
Members: Major J.T. Loranger; Capt. K.R. Busfield (RAC)
Members: Major J.T. Loranger; Capt. K.R. Busfield (RAC)
Advisory Officer
Capt. J.N. Whitehorn (Inteeligence Corps)
Prosecution Witnesses
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)
Court Witnesses
Sasaki Yoichi(Interpreter to No. 5 War Crimes Court)
Trial Dates
1947-03-10
1947-03-11
1947-03-12
1947-03-13
1947-03-14
1947-03-17
Judgement Date
1947-03-17
Judgement
Not guilty – the Court accepted that there was no case to answer
Petition
N/A
Sentence Imposed
N/A
Keywords
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
Remarks
Refer to the cases of Lt. Gen. Ito Takeo (Case No. WO/235/1107) and Major General Tanaka Ryosaburo (Case No. WO/235/1130).
Files
Collection
Citation
“WO235/1015,” Hong Kong's War Crimes Trials Collection, accessed April 25, 2024, https://hkwctc.lib.hku.hk/items/show/62.
Geolocation
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