Japanese Court Martial, 19th October, 1943

The following document is courtesy of Elizabeth Ride. It is the post-war translation of the Japanese court's summary of their proceedings on 19th October, 1943, when they sentenced several people to death. The text "T.N." appears, which I believe means "Translator's note".

SECRET

EXTRACTS FROM WEEKLY INTELLIGENCE REPORT NO.4 
FROM
STAFF OFFICER (INTELLIGENCE) HONGKONG

TRANSLATION OF CAPTURED JAPANESE DOCUMENTS, ITEM 29

Judgement

 The Court-Martial in the matter of the notification of the infringement of martial law concerning the above 25 persons, public prosecutor Army Legal Branch Major FORUKI, Kazuo participating, completed the examination and entered judgment as follows:-

Text

The said YOUNG SHO-DUCK, CHENG YAT, William John WHITE, Alexander Christy SHINTON, LEONG HUNG, Frederick Ivan George HALL, BRADLEY, Douglas William WATERTON, Hubert Stanley REES, Walter Richardson SCOTT, John Alexander FRAZER, CHEUNG YUNG SAM, LUK CHUNG KIT, LEE LAM, YAN CHEUK MING, LEE HUNG HOI, LAU TAK OI, CHAN PING FUN and LAU TAK KWONG were all condemned to death.

The said Luis Carlos Rosario SUZA, Frank ROBERT, William John ANDERSON, James Leslie ANDERSON, HO YAU and CHAN WAI CHI were all severally condemned to 15 years imprisonment.

Grounds

After the outbreak of the Great East Asia War December 1941 the Imperial Army occupied HONGKONG. The British organisation at SHIU KWAN (KUKONG) directed its main attention to operations against Hongkong.  Public servants of the former HONGKONG British Government, etc, directing the British organisation at WAICHOW, occupied themselves in anti-Japanese espionage operations and operations to win over powerful elements in the hinterland.

In June 1942, TS'O TSUN ON, the Superintendent of the Police Reserve Force of the former HONGKONG Government, in addition to consulting with LOIE FOOK WING (TN alias DAVID LOIE), the assistant Superintendent of the same Force (who committed suicide at the time of his arrest on 31st May 1943), was in touch with the British Organisation at SHIU KWAN, had to gather and communicate various intelligence regarding the military situation etc. of the Imperial Army in HONGKONG, the conditions being the guarantee of the life of the Reserve Police Chief at Waichow.  He gained approval for these proposed objects.  

Superintendent T'SO TSUN ON announced these objects to LOIE FOOK WING, and the latter, from about the end of 1942, set up the beginnings of the constitution of the HONGKONG Command Post, and anti-HONGKONG espionage group connected with England, comprising a large number of police officers.

It began to operate about March 1943.  Acting under orders from the British oganisation agents were sent to gather information concerning important military installations etc, and report om what they discovered. Their operations finally extended to the P.O.W. Camp at HONGKONG and to the Internment Camp for enemy aliens.  

Before the war, the accused YEUNG SAU TAK was employed as a draughtsman at the British Naval Dockyard, and after the fall of HONGKONG he continued to work in the same capacity for 2 Engineering sections of the Japanese Navy.  Out wardly he was pro-Japanese, but actually his thoughts were violently anti-Japanese.  About October 1942 he was approached by LOIE FOOK WING and requested to assist in forming a spy organisation.  He agreed to do this and became active in the work.  In March 1943 he undertook espionage work under the orders of LOIE FOOK WING.  From then until the end of April he on several occasions stole secret documents of a military nature from the Planning Room of the shipbuilding Section of 2 Engineering Sections, where he worked, copied them in secret ink and gave the copies to intermedians for transmission to the British organisation at WAICHOW.  Furthermore, acting on orders from LOIE FOOK WING, he set up a radio apparatus in his room in the dormitory of the said Engineering Section at 39 Lockhart Road, HONGKONG Bay with the object of establishing radio communication between HONGKONG and WAICHOW.

The accused CHEUNG YUET was a member of the former Reserve Police Force.  After the fall of HONGKONG, he worked as assistant manager of the FUNG LOI KOK () Wine Shop and the KYOYO Hotel in HONGKONG.  About the middle of March 1943 he was requested by LOIE FOOK WING to undertake espionage work for the British organization in China.  He agreed to do this, and thereafter on several occasions he investigated and made reports on the importation of food and other supplies, and on the distribution of these commodities, as well as on such topics as the nature of the personnel employed by the HONGKONG Harbour Department.
 
The accused  William John WHITE was employed as a chauffeur and mechanic by the Public Health Section of the Governor General’s Department after the capture of HONGKONG by the Japanese.  In 1943 he was contacted by LOIE FOOK WING, whom he already knew, and urged to co-operate in espionage on behalf of the British organisation in China.  He agreed to this and set up a wireless post in his own house at 97 Wanchai Road, HONGKONG.  From February to May 1943 he several times received orders for LOIE FOOK WING from the British organisation at WAICHOW and passed them on to him.  At the beginning of May of the same year he made a report to LOIE FOOK WING on the organisation of the Public Health Section of the Governor General’s Department.  He was also instructed by LOIE FOOK WING to get into secret contact with the STANLEY Enemy Aliens Internment Camp. Through the intermediation of an Englishman named "SHINTON" who was employed by the Public Health Department, he was able to make use of LEUNG HUNG, the head coolie of the truck which brought supplies to the camp.  He was thus able to maintain liaison between the camp and the British organisation at WAICHOW, getting in messages to the former HONGKONG Government Police superintendent EVANS and the Police Chief SCOTT.  From December 42, when requested by the accused SOUZA, who was employed in the liquidation of the Hongkong and Shanghai Bank to listen for the London broadcasts, he did secretly listen to the said broadcasts and report on them.

The accused LUIS CARLOS ROZARIO SOUZA was an employee of the Hongkong and Shanghai Bank and after the fall of HONGKONG he was employed in the liquidation of the Bank.  In November 1942 he was asked by an Englishman HYDE, also employed in the liquidation of the Bank, to assist in devising short wave reception methods, and he agreed to do this, knowing full well it was strictly forbidden by the Japanese Army.  He made a request to the accused William John WHITE, who was a friend of his, and from December 1942 to April 1943 he secretly listened to short wave broadcasts from London and other places, and reported them to HYDE.  

The accused Alexander Christy SHINTON worked in the Public Health Section of the Governor-General’s Department after the fall of HONGKONG.  He made contact with LEUNG HUNG, head coolie of the truck taking supplies to STANLEY Internment Camp, and through him between February 1942 and April 1943 he sent between ten and twenty secret messages to an acquaintance of his named BRADLEY in the Internment Camp.  About this time William John WHITE asked him if he would assist him to get messages into the Camp.  He agreed to do this, and, again through LEUNG HUNG, got secret messages through to the camp and handed to the accused EVANS and others.

The accused LEUNG HUNG was employed by the Governor General’s Department, and worked as head coolie of the truck taking supplies into the Internment Camp. About December 1942, he was approached by SHINTON and asked to convey articles into the Internment Camp. He agreed to do this, although he knew that permission from Japanese officials was necessary.  By June 43 he had taken several messages and sums of money addressed to BRADLEY through HALL, who was also in the Internment Camp. In April 43 he was asked by SHINTON to convey important documents through the same channels. He agreed to do this, and duly delivered the documents.

The accused Frederick Ivan George HALL was a butcher, and was interned after the Japanese took HONGKONG.  He was put in charge of provisions and thus had opportunities of of contacting the Chinese LEUNG HUNG, a coolie employed by the Governor-General's Department.  From January 1943 to the beginning of July of the same year on about ten to twenty occasions, he secretly introduced or sent out messages, knowing it to be an offence to send out or receive any article without the permission of the appropriate authority.  About April of that year, LEUNG HUNG at the instance of LOIE FOOK WING asked him to deliver to the addresses important secret papers from the British organization of WAICHOW, and this he duly did on every occasion knowing full well the nature of the papers he was handling.  In June of the same year, in the same camp, he was asked to deliver a secret document from Anderson about W.T. code from LOIE FOOK WING addressed to FRASER, Chief of Police of the former HONGKONG Government.

The accused BRADLEY was the Chief of the Public Health Department of the former HONGKONG Government, and was interned after the fall of HONGKONG.  Although he knew it was forbidden to introduce articles into the camp, or send them out without the permission of the appropriate official, he nevertheless made use of the accused LEUNG HUNG on about ten occasions to exchange messages with the accused SHINTON between March and June 1943.  In April of that year he was asked by the accused HALL to hand to the former police chief SCOTT a message concerning W.T. code from the British organization in WAICHOW, which LOIE FOOK WING was getting in through SHINTON.  Knowing quite well the import of what he was doing, he agreed to this and some days later delivered the message to SCOTT.

The accused Douglas William WATERTON was a wireless technician employed by the former HONGKONG Government, and was interned after the fall of HONGKONG.  While in the camp he heard that the accused Robert had a secret radio set, which he and the accused Rees forced him to hand over.  It was used on the instructions of FRASER, the representative of the English in the camp, from April 42 to June 43 to listen to broadcasts from London and other places, which were reported to FRASER.  In May 1942, the accused FRASER got a certain American (since returned to America by exchange), who was also in the camp, to get a W.T. receiving set brought in.  In April 43 a letter from the British organization in WAICHOW was introduced by HALL, concerning W.T. communication, and this was handed to FRASER.  Thereafter, wireless was established between the Internment Camp and the British organization.

The accused Robert Stanley REES was employed as a technician on the HONGKONG Undersea Cable before the war and was interned when HONGKONG fell.  As explained above, he and the accused WATERTON obtained a radio from ROBERT, listened to  broadcasts from London and other places, and reported to FRASER.   About April 43, acting on FRASER's orders they tried to establish communication with WAICHOW.  

The accused Walter Richardson SCOTT was chief of police, HONGKONG, before the war, and was interned when HONGKONG fell.  In April 43 when the former Assistant Superintendent of Reserve Police Force LOIE FOOK WING secretly sent him a document concerning the establishment of Radio communication between the Internment Camp and the British organization at WAICHOW,  he did his best to achieve this, in co-operation with FRASER.

The accused Walter John FRAZER was a major on the reserve list and was Assistant Public Prosecutor-General in the former HONGKONG government.  On the fall of HONGKONG he was placed in the Internment Camp, and acted as representative of the British Internees.  Up to about April 1942 he caused the accused WATERTON and REES to listen in secretly to broadcasts from London and other places on a radio set they had and to report to him on what they heard.  About May 1942 he caused a certain American (who has since returned to America on exchange) secretly to introduce a radio receiving set into the camp.  About April 1943, acting on information received from the above-mentioned LOIE FOOK WING, he conspired with SCOTT to have REES arrange a liaison between the camp and the British organization at WAICHOW.

The accused Frank ROBERT was in the Internment Camp also, and about the beginning of 1942 he discovered a radio receiving set in one of the huts in the camp.  Instead of reporting this to the officer in charge, he secretly kept it.  When WATERTON and REES demanded it, he clandestinely handed it to then, although he knew  that it was forbidden to use a radio receiver.

The accused William John ANDERSON was in the service of the former HONGKONG  Government, and was interned when HONGKONG fell to the Japanese Army.  In June 1943, he received one wireless receiving set each from the accused James Leslie ANDERSON and REES and used them to listen secretly to broadcasts from London and other places, and reported what he heard to the British Internees' representative, the former Civil Governor of HONGKONG, SIMPSON, and to others.

The accused James Leslie ANDERSON was a radio technician employed by the formeR HONGKONG Government and was interned from April 1942 onward.  In May 1942 he obtained a radio receiving set secretly from an American named WILSON, and secretly kept it.  About June 43, when requested by the accused William John ANDERSON to hand it over to him, he did so, knowing that it was to be used outshout permission for the purpose of listening in to broadcasts from London and other places.

The accused YAN CHEUK MING was employed as a clerk in the harbour department by the former HONGKONG Government and was a section leader in the Reserve Police Force.  After the fall of HONGKONG he worked as the manager of a building firm.  About April 42, he attended a meeting of former members of the Reserve Police Force  held by TSO TSUN ON and after TSO TSUN ON had gone into the interior for consultations with the British organization in the interior, he agreed.  He then collected funds to help carry on their activities, and in March 1943, he illegally went to the British organization in WAICHOW and reported on conditions in HONGKONG.  From April to June of the same year, on five or six occasions, he received documents from the British organisation in SHIU KWAN (KUKONG) via the British organization at WAICHOW for transmission Capt FORD and Lieut GREY in SHAMSHUIPO POW Camp, and to Colonel NEWNHAM in the KOWLOON Fort POW Camp.  He employed the POW Camp truck drivers LEE LAM and LEE HUNG HOI and others to deliver these messages and to bring out replies.  In this way, he strove to maintain liaison between the British organization and the POW Camps.

The accused CHEUNG YUNG SAM was a mechanic employed at KOWLOON shipbuilding yard.  He was approached about March 1943 by a near relative LUI KA YAN and requested to make a report on conditions in the shipbuilding yard.  Although he knew this involved espionage activities on behalf of the enemy, he agreed, and on several occasions investigated and reported on the personnel in the shipbuilding yard and on the ships which were undergoing repairs there. 

The accused LUK CHUNG KIT was out of work when the war broke out. About May 1942, he got to know LUI KA YAN, and when the latter went to WAICHOW to make contact with the British organization there at the end of March 1943, the accused accompanied him. LUI KA YAN later asked him to pass newspaper reports, etc. to the British organisation in WAICHOW and to receive funds for their work. He agreed to do this and secretly left the area in a fishing boat from SHATIN to carry out this mission.

The accused HO YAU worked on a fishing-boat near SHATIN and about April 43 was urged by LUI KA YAN to work with him.  Although he knew that this involved in engaging in activities on behalf of the enemy, he agreed, and between that time and June on ten to twenty different occasions carried some of the conspirators and their reports and funds.

The accused  LEE LAM was a driver for the KOWLOON Omnibus Company.  About the end of December 42 he was asked by LUI KA YAN with whom he was already acquainted, if he would introduce secret documents to the POWs at KOWLOON Fort and SHAMSHUIPO POW Camps, in return for a monthly remuneration.  At that time, he was the driver of a bus which his company furnished to the POW Camps, and he accepted the offer, well knowing that his activities were connected with enemy espionage operations.  Up to about April 43 he received from LUI KA YAN on dozens of occasions secret documents which he introduced clandestinely into the camps, and brought out secret reports from the POWs addressed to the British organization in China, handing them over to LUI KA YAN.  In April 43, when the company for which he worked made him a watchman, after mature consideration, he approached and made use of the accused LEE HUNG HOI and others who now drove the bus his company rented to the POW camps, and thus continued his operations.

 The accused LEE HUNG HOI drove a bus for the KOWLOON Omnibus Company.  When asked by LEE LAM to assist in conveying documents to the POWs in the camp, he agreed, although he knew these activities were connected with espionage on behalf of the enemy.  From the end of April 43 to June 43 he secretly introduced documents on numerous occasions to POWs in the Camps;  and he also received secret documents from the POWs and handed then to LEE LAM.

The accused LAU TAK OI lived together with LOIE FOOK WING from about April 1940.  When, in March 1943, the latter went over to the British organisation in China, the former helped to maintain communications with him, well knowing that he was engaged in espionage work directed against the Japanese forces.

The accused CHAN WAI CHI is the wife of YEUNG SAU TAK.  When the latter went with LOIE FOOK WING to the British organisation in China, she knew he was engaged in espionage work directed against the Japanese forces, but helped to maintain communications with him.  Sentenced to 15 years imprisonment.

The accused CHAN PING FUN was a member of the former Reserve Police Force.  From June he was employed as a construction engineer at KAI TAK airfield.  About the end of January 1943 he happened to run up against the late CHAN FEI, with whom he was already acquainted, and the latter asked him for information about the airfield.  He promptly gave him information in his possession, about various installation projects, although he knew this was espionage activity on behalf of the enemy.

The accused LAU TAK KWONG was a fireman in the HONGKONG Gendarmerie.  He is a brother of LAU TAK OI.  About the middle of April 42, he was visited by LOIE FOOK WING who was living with LAU TAK OI, and asked to help in espionage work against the Japanese on behalf of the British.  He promptly agreed. Up to June, 1943, he investigated and reported on fire brigade of the gendarmerie and on the progress made in restoring various kinds of industry in HONGKONG.  He also allowed his house to be used as a repository for various secret articles to be passed to LOIE FOOK WING.

Proofs

1. In the trial of each of the accused in open court, the depositions of the judicial departments in all cases tally.
2. Exhibits taken: 5 wireless receiving sets, one bottle of secret ink, one secret document from the British organization in WAICHOW addressed to LOIE FOOK WING.

According to Military Law, the acts of the accused YEUNG SAU TAK, CHENG YUET, William John WHITE, YAN CHEUK MING, CHEUNG YUNG SAM, LUK CHUNG KIT, HO YAU, LEE LAM, LEE HUNG HOI, LAU TAK OI, CHAN WAI CHI, CHAN PING FUNG, LAU TAK KWONG, constitute a crime under Clause 2 sub-section 2 of the Hong Kong Occupied Territory Governor-General's Department Code;  the acts of the accused LUIS CARLOS ROZARIO SOUSA, ALEXANDER CHRISTY SHINTON, LEUNG HUNG, FREDERICK IVAN GEORGE HALL, BRADLEY, DOUGLAS WILLIAM WATERTON, HUBERT STANLEY REES, WALTER RICHARDSON SCOTT, JOHN ALEXANDER FRASER, FRANK ROBERT, WILLIAM JOHN ANDERSON, JAMES LESLIE ANDERSON, constitute a crime under Clause 2 sub-section 3 of the above.  Of the punishment provided in Clause 6 of the above code, sentence of death was passed on the on the accused YEUNG SAU TAK, CHENG YUET, WILLIAM JOHN WHITE, YAN CHEUK MING, CHEUNG YUNG SAM, LUK CHUNG KIT, LEE LAM, LEE HUNG HOI, LAU TAK OI, CHAN PING FUN, LAU TAK KWONG, ALEXANDER CHRISTY SHINTON, LEUNG HUNG, FREDERICK IVAN GORGE HALL, BRADLEY, DOUGLAS WILLIAM WATERTON, HUBERT STANLEY REES, WALTER RICHARDSON SCOTT, JOHN ALEXANDER FRASER.

Sentence of 15 years imprisonment was passed on the accused HO YAU, CHAN WAI CHI, LUIS CARLOS ROSARIO SOUZA, FRANK ROBERT, WILLIAM ANDERSON, JAMES LESLIE ANDERSON.

19th October, 1943

Hong Kong Occupied Territory Governor-General's Dept., Court.

Chief Judge:  Lieut.-Col FUJIMOTO.
          Judge:  Legal 1st Lieut YAMAGUCHI, Kyoichi.
          Judge:  Army 1st Lieut TIMURO, Tetsu.

Notes from Elizabeth Ride:

I'm afraid I do not  know anything more about this document other than I found it in the National Archives in Kew.  The reference for its source is file number  CO/980/62 in the National Archives.  As you know, my father was the Chief Intelligence Officer on Admiral Harcourt's staff at that time.  (His second in command was Charles Boxer, which should be evidence enough that any suspicion against him is totally unreasonable).  As you see this is the 4th report, so the others can be reasonably presumed to be in the archives of the Land Forces HQ.

Extra notes from David:

The names of the accused are mentioned in several places, the Judgement, Text, Grounds, then finally at the end of the document under Proofs. The spellings of ome of the names vary.

I list the names as shown in the various sections below. When a different spelling first appears, I highlight it in bold. Finally I note the sentence they received.