Notebook relating to the service of Major Charles Patrick Tracey, 1942-1944 - Part 5










of Singapore places the PsOW
from Singapore outside the
terms of the Hague Convention
This is obviously NOT so.
The position of any POW who
is captured on the field of
battle is clearly that of
unconditional surrender,
but as one would sugest
that he is NOT covered by
the Convention, how then
can the nature of Singapore
surrender (which was
correctly made at the written
request of Gen YAMASHITA
"in order avoid further
useless loss of life on both
sides & especially the lives
of civilians in the city"
put the garrison of Singapore
outside the terms of the
Convention?
Detailed sugestions.
The following are all
consequent on the general
one.
1/ Doctors & Red Cross personnel
are not POW & should NOT
be treated as prisoners (Geneva
Convention 1906 Article 9)
2/ Prisoners should be humanly
treated (annex to Hague Conv
1907 Article 4)
3/ Work should not be excessive
(Hague Conv 1907 Article 6
4/ Prisoners should be treated
as regards rations, quarters
& clothing on the same footing
as the tps of the Govt that
capture them. (annex K
Hague Conv 1907 Article 7)
Note 1. All the above articles
were broken in Thailand
Note 2 As regards rations it
is NOT enough to fix a
scale of rations the essential
is that the rations should
reach the prisoners. It is
sugested that the M.Ps undertake
the duty of seeing that
the scale of issue allowed
does in fact reach the PsOW.
Note 3 As regards quarters it
should be remembered that Offr
prisoners pay for their quarters.
5/ The offrs must not be
employed for labour (This
equally applies to being threatened
with labour (annex to
H.C. 1907 Art. 6)
There are not many occasions
when Offrs of this party were
made to labour but it was
known to all of us that many
hundreds of Offrs in other parties
were forced to work as labourers
on the Rd & Rly construction in
organised gangs.
This treatment of Off PsOW
is without precedent in the
whole history of modern war
besides being a direct break
of the Hague Convention.
It will NOT be forgotten or
forgiven for 100 years.
6/ Red Cross representatives
should be allowed to visit
POW Camps (Annex to H.C.
1907 Art 15). No reps were
allowed to visit us in Thailand.
7/ Proper arrangements should
be made to collect deceased
effects (Annex to HC 1907 Art [[?]])
This has NOT been done
many effects have as a result
been lost.
8/ Soldiers should be respected
& taken care of when sick.
(Geneva Conv 1906 Art 1.)
This was often broken in
Thailand when sick men
were forced to go to work.
9/ Games, entertainments,
reading, educational classes
& lectures should be encouraged
to keep up morale.
10/ Arrangements for letters to &
from home should be
[[unf?ed]].
Letters arriving are a year
old & we have NOT been
allowed to write a single
letter home but only a
few lines on a postcard
twice in 2 years.
PsOW in all beligerent
countries in Europe are
allowed to write as follows
Offrs 2 letters & 2 postcards
each month
ORs 1 letter & 1 postcard
each month.
Final order issued by Lieut. Gen
A E Percival. G.O.C Malaya.
It has become necessary to give
up the struggle but I want
the true reasons to be explained
to all ranks. The forward tps
continue to hold their ground
but the essentials of war run
run short. In a few days we
will have neither food, nor petrol -
many types of ammunition are
short and the water supply
upon which the vast civil
population and many of the
fighting forces are dependent,
threaten to fail. This situation
has been brought about partly
by being drawn driven off the
dumps & partly by air & arty
action. Without the necessities
of war we cannot fight on. I
thank all ranks for their effort.
Sign. A E Percival. L Gen
GOC Singapore
15.2.42.
A.I.F. Malaya.
[[From?]] Aust.
1st [[?]] 5891
2" 10198
3 .. 3360
______
19449
_______
Death before war 49
Repatriated(wounded 981
boarded)
2/3 MAC Evac before cap 377
nurses " " " 133
Burma 2nd Party 47
Official Escape Party. 78
Killed in action 378}
Died of wounds 111 } 2.797
Missing 2308}
POW 15.141.
19.449.
Deaths
A F Force 914 +13 missing *
D 205
A 137 + 8 missing
H 170
Changi 128 + 40 to 31/4/44
1554 = 21
note.. These figures incomplete as
many members & above forces
left in Thailand when the worst
cases could not be moved back.
1.4.44
Plus a further 19 reported on
[[?]] of remainder of party
at Changi from [[?]] on
28/4/44
Steel
Rly Trucks 16' x 6'½ 1Offr & 26ORs
(Less than 4129 ft floor space)
Kambunie ¢20 per gallon
[[the?]] one form. Having received the
cash I took it to my quarters and
hid it well down in my trunk and
locked same. When the move was
mooted we were informed that
the trunks would travel with
us by truck to the train and thence
to our destination, again with us
in the railway truck. This eventuated
I therefore considered the cash to
be safer carried that way rather
than ion a pack & haversack.
On arrival at BANPONG on 24/5/43
we were marched to a camp while
our trunks were stored some
distance away. Later on the 24 or 25th
I obtained permission to take a
party of offrs down to the dump to
obtain clothing & books as most of
us had the majority of our clothing
carried in this manner.
With all the duties imposed by
the Japanese that included making
all arrangements (Jap no registration
water drawing , pail search, accom,
cooking etc) for No 4 train as well
as my own I had had a very trying
time and when I did get access
to my trunk for a few minutes I
forgot to collect the cash. I saw
Capt Swartz and sugested that as he
would probably be able to get
to his trunk the money could be
obtained by him. he subsequently
told me he was not able to get
the cash and he is not at this
camp I am not able to swear
just when or where I got this
information though I am pretty
sure it was at the first staging
camp when train 4 caught us up.
On Col Kafpe's arrival at Shimo
Soukunai about the first week in
July 43 he asked me for the money
and I stated that it was still
in my trunk at BPong. He then
remarked "Dont you think that
was a silly place to put cash" and
I replied that during that part of
the journey I considered it quite safe
particularly as we had been told
that there would be no marching
from rail-head to our prison camps.
Evidence & Circumstances
I was not very happy when I knew
the composition of the court as there
has been a lot of friction between
the 2/30 & 2/26 Bn and I did not
feel that the court would be very
sympathetic despite Maj Johnstons
remark that they were assembled
and would do their best to help a
fellow officer. I have since heard
that the matter was discussed by
Maj Johnson & Anderson with
[[?]]
but [[?]] at the conclusion
the court told me that Maj Hoare
had been asked to sit but
refused on the grounds of being
a vital witness, obviously
knowing all the circumstances
before he was asked to become
a member of the court.
Evidence my turn
In my first oral statement
to the court I foolishly said that
I had not had an opportunity
to get to my trunk at BPong.
I consider this was due to
panic in the first instance as
I have never been concerned in
the loss of any cash during my
long record in both the Army &
the Commonwealth Bank.
During the night I was worried over
this statement a great deal and
next morning told the court I
had a further statement to make
to correct my previous one.
Before any other evidence was
taken I voluntarily retracted
this statement and told the truth.
The court considered this
statement in private and
then recalled me and said
that the original statement
would be recorded and
the further statement recorded
separately. These two statements
were duely typed and I signed
them both. Neither statement
made any mention that I had
made the correction voluntarily
and before any witnesses
had been called.
Col Kaffe Col Kaffe gave
evidence to the effect that I
had maintained that the sum
was only $600 until he
produced the receipt when I had
to admit to my two signatures.
I certainly received a shock at
this camp when the Col stated
the amount was $1200 but that
I consider a justifyable error
as it was nearly three months
since I had taken over the cash
and had not handled it during
that period.
The Col stated further that when
he had questioned me I had
stated that I deliberately left
the money at Ban Pong as i
considered it safe there.
I consider this construction as
[[?]] though a
wrong one. I may add that
the question was discussed
soon after Col Kaffe's arrival
at this camp after he had had
a rather gruelling experience.
A long march under trying
conditions and was suffering
from a relapse of malaria.
Maj Hoare 2/29 Bn
Maj Hore stated that while
at the kit dump he heard me
remark that I did not intend
to carry this cash round the
country -side, though he
admitted that he had no
knowledge of any funds held
by me. ---- obviously - as I
previously stated I had not
thought of it myself since the
day I took it over and locked it
away.
Padre Polain, Capts Ferguson, Roberts
Walker, Gileson.
All the above officers gave
evidence to the effect that we
were all in an area within
five yards of the dump and
none of them heard any
remark of that nature.
Comments by Col Kaffe'
The Col spoke at some length
after receiving the report and
stated that there were a number
of discrepancies in the evidence
that did not impress him
and reflected badly on me
to the extent that the money
would have to be repaid as
opportunity opened and that I
laid myself open to a charge
of perjury and he doubted if
I was fit to comd the 2/26 Bn.
(1) Col Kaffe' was obviously
NOT aware that I had voluntarily
retracted my first statement
with reference to visiting my
trunk.
(2) Witnesses stated we visited
the kit dump on 24/4/43 while
I had said it was 25/4/43.
I made this statement after reference
to my diary that does NOT
mention the trip though on the
25/4/43 one entry starts "after a
further reduction of our gear prepared
for an all night march_______"
As I had brought back a fair
bit of clothing from the dump I
considered that it was the same
day that we sorted out what we
could carry and what not to.
After the conclusion of the court
I discussed this angle with
Padre Polain & Capt Ferguson
who both stated that their
evidence was typed and then
read over to them with the date
24/4/43 included. Both stated
they signed without question
but could not remember with
any degree of certainty which
day it was - not thinking the
date of any great importance.
(3) Col Kaffe stated that while
evidence had NOT been taken
from Capt Swartz he had
denied all knowledge of this
cash. This matter obviously
will require further inquiry
when Capt Swartz can be
contacted.
-----------------------------------
I admit the court was perfectly
correct in its finding of
negligence though I consider
it was excusable under the
circumstances. I cannot help

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