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 25^th

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