1946-03-29 — Page 5

H.K. WAR

agreed and secupted, sup-[ purled by all civilised side of

THE CHINA 'MAIL, FRIDAY, MARCH 29, 1946.

TRIAL OPENS

Kround,

and

Manchurian Situation

Eases Slightly

The

Yamada Sent To Siberia?

BRITISH MILITARY ADMINISTRATION (HONG KONG)

CA. Medical Branch

NOTICE

(Continued from Papo 1)

Declaration On Atrocitics o'clock in the carly afternoon of hills for protection from the Jap

At 7-During th: II World that Sunday in Argüst. this world including Jepan, that war the violations of the laws that material time gut. Kishian.de stery. The next day this the occupational top of an of war committed by Germany was not on the sad but had entire vilinge was razed to the enemy-must carry out towards in the territories occupied by left it for the purpose of ob-

20. During the material times

Chungking, March 28., the inhabitants of the country, het led to format announce taining provialon. for his men. of these events the villagers were

Reprisals Taken which they occupy, certain oner-ments proclaiming the determin

forcibly compelled to contributo Vico-Minister for Foreign Affairs, Liu Chich, to-day ous duties which must be faith-ation of her opponents to exact

12.-On Lantau Island in pigs, oickens, eggs, cakes

announced that China has replied to Ruisia, agreeing Silver' Mine Bay fully and meticulously observed; punishment for these and other the

dis-

many, other food stuffs, money

to the Soviet proposal for complete withdrawal from and household goods to the Kishi the unobservance which is a war crimes. On Jan. 13, 1942, triet there were

Manchuria not later than the end of April. ^^ Bome-Unit. gross breach and violation of the

close proximity to Governments of Belgium, what

21. Throughout all this Lime He said that an agreement in the laws and usages of war. In Czechoslovakia, Greece. Luxem where the Japanese garrison the members of the Kishi Com- principle was reached with the ternational Law which has been bourg, Holland, Norway, Poland was stationed at Cheung Hau pany who are accused before you Russians for Government troops described as the rules of con- and Yugoslavia, as well as the Beash three small forming vil-to-day were guilty of the most to use the Sino-Soviet Chang- duct governing the nations In French National

Committee lages of about roughly 300 soula brutal treatment of the villagers, chun failway and that details

These were Tak Naau Hùng. Tal everyone of whom went in comTM their dealings with one another, adopted the Declaratiin aran To Tong and Luk Ti Tong, and it plete fear of his life at the hands are being worked out now.

Notice is hereby given that saya that it is of paramount im-

their resolv to

'place

Liu atated that the Sino-Rub- against these three small de of these men who have been iden-

It is the intention of the Medi- portance for the occupant to see among the principal war alms fenceless communities theat the tied by the villagers themselves Binn situation in Manchuria had

Tokyo, Mar. 28. cal Branch to, exhume all bodies that the lives of the inhabitants the punishment, through the Kishi Company in their anger de and against whom the diving vie cased but "No one can say now

The "Mainichi Shimbun" to- buried in the Hong Kong No. 1 are respected, that their domes channel of organlaed justice, of cided to take reprisals for the time of their actions have fald that it is on a very sound day said it had reports indicat (Emergency) Cemetery at the the peace and honour are not those guilty of or responsible attack made on their carbon by charges which form the basis of basis!"

ing that Gen. Oroza Yamada, Hong Kong University Playing disturbed, that their religious for these crimen, whether they the guerilla band.

this trial,

He said negotiatiors are in former Commander-in-Chief of Field, Pokfulam, on the expira-. convictions are not interfered have ordered them, perpetrated 13. In the absence of Lt. Kishi,

Reign Of Terror

progress for the transfer of gar- | the_Kwantung arny, and histion of three months from the with and generally that duress, them, or participated in them." Lt. Matsumoto Chozaburo LAC-

22. The evidence in this case rison duties in different towns staff officers above colonel rank, date of this notice. unlawful and criminal.attacks "At the Macow Confer-cused No, 2) took upon himself well show that the punishment in from the Russians to the Chi-have been moved to Siberia.

responsibility for the actions of flated on the villagers extended on their persons and feloncous

All the remains exhumed will The paper added that "the be removed to New Kowloon He replied: "No state- every man woman and child in

during which time terror reigned the surrounding districts were ar upon the island and in which ther the Soviet authorities had gaged in the work of dissolving Urn Cemetery) for reburial. rested amidst brutality, burning, those who were tied up in front advised the Chinese authorities factories, power plants and mill- looting and shooting in the couYES

of the bathing shed on Cheung as to the date of the Intended tary catablishments but later of which an amah in the employ Han Beach were denied the ordin evacuation from various points they were sent to Siberia." It Asked whether the Chinese did not amplify the meaning of of Young Slu Sang by the name

land troops in "dissolving." of Yam Yau was killed while sheary facilities dur food, drink and

ed to human beings.

*Meanwhile, Dairen, Llu said that China had

Kyqdo newB watched over the grand-daughter relief, which are normally grant are seeking to

23. Lt. Kishi throughout this of the said Young Siu Sang. the little girl herself being wounded

ing

Певе.

actions as regards their proper- Ministers of Foreign Affairs of his Unit and as far as poss over a period of roughly one week ment" when he was asked whe-officers and men had been en- Cemetery No, 8 (Diamond Hi

Arc

ty

as punishable just durante bellow as in times of

peace.

'Outrage Against Humanity Again this dictum of accepted International conduct is further confirmed by the Hague 1907

International Convention to

ence

Great

of Oct. 19-30, 1943, the

United Britain, the States, and Russia, adopted a Declaration on Atrocities an- nouncing their infertion to ask for the surrender, at the time of the Armistice, to the coun- trics concerned of German off. cers and men, and members of the Nazi party guilty el atroci

cd

+

aded in

that

J. P. FEHILY, Colonel, R.A.M.C.,

D.D.M.S. (O.A.) Hong Kong. March 23, 1946.

GENERAL ADMINISTRATION BRANCH

NOTICE.

which inter alia Great Britain, ties in occupied territories, with the forebead and on the chest time carried out his task as 0.0.never abandoned her stand that agency said that three repre- |

the repatriation of Japanese panese residents there have un the United States of America the view to their being tried by a rile bullet which was remov.troops and was assisted by his Chinese forces had the right to sentatives of the committee for

2nd /e and his senior N.COs who land there.

He replied "no" when naked residents in Manchuria had re- der gone indescribable hardship and Japan were high contract according to the laws of these To Shiu Hong Kong Doctor or will be named by several wit-

A sick woman ing parties,

nesses, thus peluting to the fact if China had received any as- turned to Tokyo and reported since the surrender and have lost This Convention countries."

This determina the wife of villager Fan Fook was lays upon an occupying force in

matter. of the present ment, removed from Manchuris, people there.

looting and other causes," Kyodo enemy territory the obligation tion to try war criminals was dragged out of bed wherson she had the actions which form the aurances that industrial equip the "miserable plight of the most of their belongings quot

"The greater part of the Ja-Leaid.-Associated Press. to ensure that "family honour in view of the atroclties com- died of fright and a woɑnan grass charge were in actual fact that would be paid for.

ions of the members He answered "no statement" and rights. Individual life and mitted in the East extended to cutter by the name of Shung Luk concerted actions

in South-east Sham was killed by two bullets in of the Kishi Unit charged in this when asked if China had pro- private property, as well as, re include the trial ligions convictions and worship Asia, China and Japan of Japa- her chest as she carried two large indictment with the result

having noted jointly and severally tested against the removal of BRITISH MILITARY ADMINISTRATION (HONG KONG) nese who might be suspected of bales of grase unon her head.

Eldors Behoaded

such equipment. He said, the must be respected."

in the perpetration of those mur- Failure to ensure observance perpetration of war crimes, and

14. Not content with this murders and cruel treatment of the Government is unaware of how it is this determination on the

all many Soviet troops have actual- of these principles is a greBS violation of the lawa and usages part of the United Nations to derous brutality all the villagers villagers they must one and of war, is a war crime of the stamp out brutality and barbar- who had been arrested were var except the natural consequences ly moved out of Manchuriu into ism which is the sanction be-ming shed open outside the swim of their actions by which nine of Soviet territory, as he had no the inhabitants of Lantau Island information or notification-on highest magnitude and an ent-

cruel and untimely this subject. rage against humanity itself. hind our authority, which is the where numbers of them were tied met a sad,

authority itself behind this to stakes with rope and wire so death. It will be borne in mind

He said the Rursinns have In what manner the fifteen ac-

Court which alta that their toes barely touched the by

by the Court and will be adduced cused before you to-day per-honourable formed in these respects or fall- here to-day in this Colony a ground while others especially the in evidence that these events oc- thus far only notified the for-

14h 19-26

to curred on dates between August eign office of their withdrawal recently recovered from the Jn.women -nd children

kasel down on the grass

Was well from Mukden and Fushan. -- 1945, when it' ed to perform the duties

surrounded this spot. Two of the

known

to

to Associated Press. Kishi himself and clearly laid upon them the story panese aggressor,

Not Vindictive

village olders, an old man age

members 'of his Company that to be related to you by the evid-

will help you

9.---And now a word about the co by the name of Tsang Sau, and Japan had signified her uncond!-witness said that the guerillan did to decide.

Prosecution: it is not the pri- the other

name of tho

not belong to the village. a man by

tional surrender. However, before returning to

Questioned further by the mary function of the Prosecu- Lam Fook were set upon by mem- the tale of this appalling atro-

Court, witness said that t was 24. The Law..in this case re- city let us consider here the tion to obtain a conviction. It bors of the Company under direc. in not the primary purpose of ten of Lt. Khi who had return-

quires little elucidation other than Impossible that any of the gueril- Juture of a war crime.

thuy were the Prosecution to me to ed by this time and

that which has already been given las did belong to the village. War Crime Defined

this Court in Hong Kong, in a the assambled villagers.

given a cruel beating in full view

in that the offence charged and The technical definition is spiteful and vindictive spirit,

15. That night the two elders the Inhuman acte committed were "such an act of enemy soldiers determined that come what may, Tsang and Lain Fook were be all barbaric war crimes in that and enemy civilians as may be by hook or by crook, a terrible

aded by Lt. Kishi assisted by they were complete and total vio- visited by punishment or exp- revenge will be wreaked upon

two of his Company and buried in lations of the laws and usages of bidden tho muting out to peaceful ture of the offenders" and is in these unfortunate Japanese who the sand in graves rudely dug by war which at all times have for practise any violation

That inhabitants of an scctinted coun- of the stand to-day before you accused members of his Company.

That same evening a number of the laws and usages of war which of this dastardly crime. violation demands

in satisfuc- is not the British way of jus- villagers were beaten and tortur-try the cruelty and brutality tion that the perpetrators and tice. It is not the course which ed and they have made atatements which have been shown in

chce

BO

ка

to this effect.

one

were

Barbaric Acts

.

Tsang Lin, also recalled for cross-examination, said that he was not present when the fighting or the sounds of firing from

took place, though he had beard

this

thosc ultimately responsible the Prosecution wil pursue. We

for the crimes in are not ultra-modern showmentavo fishermen and one villager. responsibility for these crimes for

should pay full.

man

men

Lihe

saw any of the guerlling himself direction of the village. He nover and was certain that they came from the mountains.

Also recalled for cross-examina- tion was Chow For-po, who said in reply to a question from Lieut. Graft that about 20 guerillas took part in the Bghting. There was no fighting in his own

own village and the guerillas did not pass through it when they retreated.

in English

containing

duals as may be punished by the change. There are, as has been} Pon-Pai, wall another missing have always insisted that all he had put to them he prepared a

en in relation to his fellow man CESSN of

cortain ovents that

INCREASE IN PRICE OF MILITARY RATIONS.

Hitherto the charge for the Military ration has been well bolow cost price. The Administration however, has been notified that, with effect from 1 April, the price of the Field Service ration issued on repayment will be $4.00 per, head per day.

This will entail an increase in the charge for meals served in. the Hongkong and Peninsula Hotels. To new rates which include the cost of food purchased locally to supplement the ration, will be as follows:

For residents who are not entitled to free ratlons

$5.00 a day for 3 meals.

'B' Ticket.

Casual Medle.

Breakfast

Lunch

Dioner

$2,00

.$2.50.

$2,50

The cost of casual-meals includes an element for cooking, pre- paration and service of meals.

Revised prices for 'D' ticket holders will be posted in Cafe- terias shortly.

C. B. H. DELAMAIN;"",

Colone DCOAO (MIN)

POST OFFICE NOTICES

uresent outrage.

The Japantse cannot. disclaim 16. The next day August 20,

whatever putting on the latest stupendous the brather of Lam Fool, who had every human being of

This is no sham jpet been beheaded, were forced, creed, race or colour, is conscious 5. Oppenheimer on Interna-spectacle.

in his own heart that to kill. a serious trial In by the Japanese to row tional Law says of a War Crime trial. but

fellow man in cold blood and with the Japanese

Prepared Document inst "in contradistinction to hostile which fifteen men land before from the island

Lout far trial is a crime again wounded personnel. These three the God he believes in, and against

Next witness called was Yeung acts of soldiers by which the you on a capital charge. latter do not lose their privilege

The methods adopted by Bri- men have never been seen alive humanity. In addition the laws Tsun-dart, Secretary of the Yau- of being treated as lawful mem- tish justice are wrapped up in since that day and it is presumed and rules of human conduct volun- mati Ferry Company, who testi- 27th March, “1946.

war antiquity and at times appear that they wore murdered by the tally submitted to foy all nations fied that from statements of the bers uf armed forces,

Japanese soldiers of this

Lam and which govern the conduct of village elders and from questions crimes are sath hostile or other to some (even in our own ranks)

pany. The missing acts of soldière of ether indivi- to be outmoded and worthy of Fook's brother, was called Lam

whether Communist or suspected our own midst man was the father of Wan Kam

in Silver Mino Bu- from enemy on gapture of the on- said, some in

19, 1946, onwards. This ders. They include acts con-who are Impatient with these Ho. The other fisherman was not Communist will be treated as man

not as in this

atrocity dogs.

It is indisponsable in all document was later signed by the trary to International Baw per-staid methods of British justice known.

Starved. And Beaten

wat cases of suspected petrated in violation of the Law and who would say, making use

crimes village elders,

His connection with Lantau, the criminal's of

own State, of some colourful language.

that the suspect must be given a 17. Towards noon on August fair and just trial and must not witness said, was that he such as killing, or plunder for 'put them all up against the wall 20 all the women

and children atisfying private lust and gain, and now them down" but the were allowed to go leaving some bo punished oven in the most there a small house and farm and previous he know quite s. number of the minute way without no well as criminal acto con- Prosecution would point out that twenty odd villagers who vere

ture trial. This is the Law and it is villagers since 1936 or 87. trary to laws of war permitted by order and on behalf of the enemy State, To that extent the nation of war crimes is bas- ed on the view that States and their organs are subject to cri- minal responsibility under In- ternational Low."

"Strutting Peacock" 6-At the end of World War

I, the Allies, desired to bring to justice persons accused of hav ing committed acts in violation

torture |

r

The

all

had

MAIL NOTICE

OUTWARD MAILS' Friday, 29th Match... Kwong Bi By Air

(Reg.) (0x2.).

Cheong Loe Hing Léo Fatahen

Witness aald that a villager had Macao & Tanthan told him of having hidden with Airmail for London, Calcutta)

when guerillas at Kongmoon some 10 others in a roars in the Hangout, Singapore & Sydney Sam Lee Store of this store. he subsequently Canton tacked the village. The proprietor Swabue heard, was beheaded.

Baturday, 30th March,,

it is to prevent this very mad-beaten and subjected to ness that we are assembled here while tled to the staker. Amongst and has been accepted by

Nor can this universally to-day; that it is to prevent this those tortured were Wong Yoo, return to the Law of the Jungle Tank Tuk Ming, Ho Vil Lou accepted law of conduct, he set ho aside unilaterally by one nation, that these men are solemnly ar- Lam, Ho Tar and To Pui raigned before you; to ensure were all tied up on voles until by one unit or by an individual

toca barely touched, the at least not with impunity. for future generations that the their

Identifies Lotter Rule of Law returns from the ground, in which position they

were left for hours on end. Dur- The first witness called in the behended was Lam Fook, who bo- Macao & Talushan darkness into which it had fat ing all this time the villagers are afternoon was Ke Ting-fung. of fore the war was the caretaker of Airmail for Canton & Shanghal len, to guvern for all time to most definito in asserting that the Great China Match Co who a small mission settlement about conduct both of individuals and there was no endeavour on the identified a document handed to an hour or so train Silver Mine Canton of the family of Nations.

part of the Japanese to supply them with dood, and that through him by the prosecuting offeur as Bay. Both Lam and Teong

Guerilla Attack

were

guarding

Another may who he beard was

ugh a letter that bad been given him the proprietor

to

BOWAL

of the Sam Loo

Swatow

Kwong Fook Cheung

•Hanyang

C.N.A.C. Plane'

By Train Sunday, Bist March. Kwong Bal Nicholas J. Binnett"

Tamvannab

Taking

Sal On

G.M.A.C, Plano »

senday, 2nd April.

Glanariney. Wingmng C.N.A.C.; Plane

at the period of their detention by Young Tsun dart to hand to Store, had been arrested and | Magno & Tylnahan The task which we have been they were cruelly beaten by the the elders of the Silver Mine Bay taken to Cheung Chat some time Haiphong of the laws and usages of war. given is simply to place before guards who watched over them district for their signature. The before August 19 when a post of Brale At the Treaty of Versailles Ger- you with impartiality and with-far no apparent reason at all or elders had signed this in the pre-five Japanese was wiped out on Swatow

sence of Inspector Cunningham the Island by guerillas. They were Canton many recognised the right of Cut prejudice the facts of the simply because they attempted

the Јарадено the Alied and the Associated case, unvarnished and without fad a more comfortable position and some Chinese detectives after held in custody by.

Monday, 1st April. Powers to bring this persons ac-

Fald Victory trimmings, concanling nothing in

their agony.

Lt. Kishi having now taken the contents had been explained to and were not released until the

them and they had affirmed these morning of the battle. He did not Manila P.1. cused before military tribunals but even admitting evidence

from Matsumoto a small de-, to be

know

of truc.

Any meeting between Lam Straits, Ceylon, India, Bant)

& South Africa, Aden, Egypt) Strathmore for trial. However, as history which might tell against the over

we know this tachment went out on a punitive Replying to a qucation from the and the Japanese on August 19

& Europe via Liverpool well knows these provisions for Prosecution for

expedition to search another vil-

witness sald ho had no before the fighting began, we bringing to justice of per honourable Court being well able tape and in his absence the vi- buriedge of the facts mentioned Wiincas said he would be very Durban, Rangoon,

Airmal for London, Calcutta,

Singapore) By Alt ple accused of war crimes prov-to separate the wheat from the Ingers who wore Wed up were in the letter..

much surprised to bear that Wong

& Sydney. ed abortive and even the Su-chaff, will arrive at a fair, true cruelly beaten by the men who The next witness heard was Yeo, Tanng Sau. Lee Yoon, Tam Almall for Canton & Holhow preme.War Criminal, that proud and just verdict.

them, loud cries of Tsang Lai-fook, who had given Lin and Lam Fook were guerilias, strpeting. peacock who could 10-We may now return to pain could be heard.coming from evidence at the morning's pro

Previous/Experience-te hare evented the Arst holo- the story which the evidenes for the menacled men. On Kishi's re-ceedings and was co-called for

Questioned by the Court, withanghal another execution engt,pr Wilhelm, escaped the Prosecution will place be in which sati Major Uenida Ill-rose-rammation

H In reply to questions from the ness agrood that the letter he had Shanghal The rribution which was his fore the Court and we shall en roshi (Accused No. 6) brutally defending officer Lent. Croft, prepared way amplified as a result Airmail for Chungking due and which if it had been deavour to tell you it as it will beat and battered So Po Wa and witness said that there were about of his questioning of the village fairly carried ou might have be told by the villagers who Laung Tang Cheong with the butt 10 guerillas who took part in the elders. He had previous experi prevent or helped to provent have come, from the Island of of his ride. Not content with fighting At the commencement ence of this type of work, having thompers and the carnage of Lantau for that purpose. that he then arbitrarily chopped of the fighting he had ran away been articled to solicitor some Bangkok the **** years, through which 11 On or about the 12th of their heads...

with the village elders: When he years ago. The villagers had | Shan balty- returned, he had been told that asked him to prepare the report, Almal for London, we hay Just passed.

day of the 7th moon in the 84th, |--|- · Another Bokaading. - What fintion will'in future' gọ| year of the Chinese Ropublic ar 10. On August 22 or there. the Japanese had been there and but he had not been conducting an Bangkok & Balgon

official court of inquiry when de rashly to war, who will lend according to the Gregorian Ca- abouts a detachment of the United kiled some villager

prepared it "Not Patriots". himaolf casily to land a people lendar, on or about August 19, raided the village, of Ngau Ku into battle who knows that he 1945, the Kishi Company in the Lang, where they shot Lam

Trah

Witness acreed that some of which the wilagere gaye him, but will pay for any misdemennours: Silver Mine Bay district of Lan- dead, ransacked and footed several the guerillar bad come from the this was highly fumbled up and Australia via Sydney on the part of his troops with tau was attacked by a email body houses and as to others, Village but rald that, the majority he had to wink them to marstel UBA, Canada, Central (á) his own life? A fair, trus and of Red guerilias,

had come from the mountains. Their face together and come South America vial: Seas The guerilla agor

name of Lam Kuen The guerillas were not recognised back "with a "donument. This he just trial of those responsible attack was unsucasful and was houby Hau Beach who was by the villagore Chinese parequently amplified in travels. Almall for the perpetration of war easily repulsed by the Japanese beheaded. During this triotakand the villary" had never

Agente Alrysil for Canton & Chungk crimes wil provo one of the garrison. This unsuccessful at sabores de villager fupelled them, with code As the enveldalon of witness's Bow, Amoy & Mila Imost effective ways of outlaw tack by the guerillas who suffer by the name of Law Can Kiu was a Replying to question from the gross-examination, this Court and Sh ing War itselt.

ed casualties took place at one whot in the thigh; as she fled to the prosecuting officer, Capt. Reilly, Journed to this morning at 10 am.

to

by ubh

He received aweneral story Shanghal

Wednesday, 3rd April.

H.M.8. Apollo By Atr relay, 48`Aprilk

Alexander Whitė“ --

H.M.9: Bonaventure

Frank B. Kellogg [C1N{A¡C, Plaza

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