Date of letter:1995-11-03
Address of author:Kunming City, Yunnan Province
Date of event:1937-09-28
Location of event:Kunming City, Yunnan Province
Name of author:Xiao Qingzhong
Name(s) of victim(s):Xiao Qingzhong and his family members
Type of atrocity:Air Bombings (AB)
Other details:On September 28, 1937, the Japanese soldiers bombed Kunming City, causing my family to break up: my grandmother, my mother Nie Jingxian and my younger sister Xiao Qingzhi were killed; Xiao Qingzhong was disabled; my father Xiao Zuyao and my younger sisters Xiao Qinghe, Xiao Qinglan were injured. Xiao Qingzhong’s photos of disability and proof materials are enclosed in the letter.
Mr. Tong Zeng:
I hereby mail you details of the miserable condition of my whole family when military aircrafts of the Japanese Army bombed Panjiawan in Kunming City on September 28, 1937 during the WWII; it is difficult to describe the painful process in elaborate detail. This is both national enmity and personal hatred of my family. We entrust you to think of ways to denounce the Japanese government for us. The blood-stained and tear-smeared scenes were too horrible to be seen by anyone. For countless years, we always wanted to lodge our complaint, but there’s no channel. Now we have found you, hope you can support our whole family, air grievance and take revenge. On behalf of my whole family, here I would like to thank you, and I look forward to receiving a reply to my whole family.
In case of any improper places in petition materials, please give us instructions.
The original certificates from the testifiers and the original disability photo have all been delivered to Japan.
Representative of the victim’s whole family: Xiao Qingzhong
November 6, 1995
Claim against Japan by Civilian Victim
Plaintiff: Xiao Qingzhong, male, civilian of the People’s Republic of China, now aged seventy, Han ethnic group, native of Kunming City, currently residing at the Thermos Flask Factory Living Quarters, Jinmasi, Kunming City, Yunnan Province, China. Postal code 650216
Correspondence address, Yunnan Province Statistics Bureau (Xiao Qingzhong c/a Xiao Qinghe), Postal code 650041
Xiao Qingzhong represents thirty five direct relatives.
When Xiao Qingzhong is unable to perform the duty as plaintiff, Xiao Qinglan, Xiao Qinghe (brother sister relation) or Xiao Yongxuan, Xiao Yongchun (father child relation) will become universal agent.
Defendant: Japanese government.
Cause of action: During the WWII, on September 28, 1937, in the first bombing attack by nine military aircrafts of the Japanese Army in Kunming City, in response to alarm, the plaintiff’s whole family ran to Miaopu in Daximen (Panjiawan), and received machine gun attack and bomb explosion, resulting in broken family, death and disability, the loss was extremely heavy, we demand the defendant to compensate for three deaths, one disability and three injured persons, the total loss amounted to USD 225,000.
Facts and causes: the plaintiff’s family included seven people, grandmother, father, mother, three younger sisters and myself, on September 28, 1937, we lived at Mupaifang Lane, Qianju Street, Kunming City, at around 8 to 9 o’clock in the morning, one military aircrafts of the Japanese Army entered the space of Kunming City to drop bombs wantonly, the machine guns mounted on the aircrafts sprayed bullets down to streets, instantly my whole family was broken up, and sustained heavy loss, which brought unbearable pain, with irrefutable evidence and witness by everyone present, the persecution details of the plaintiff’s family are respectively listed below:
I. Three deaths, the plaintiff’s grandmother Mrs. Xiao nee Shi, then aged 58, both legs were injured due to bombing, despite medical treatment in hospital, she still died. The plaintiff’s mother Nie Jingxian was then aged 32, machine gun bullets pierced her abdomen, the entry hole was smaller than the exit hole, intestines flowed out from the back, she died on the spot in a pool of blood, she was a diligent and kind mother and housewife. The plaintiff’s eldest younger sister Xiao Qingzhi, then aged only three, she was carried by her mother before the bombing, after the bomb exploded, she was jolted to one side, the explosion damaged her heart, she died of vomiting blood three days after being admitted into hospital. Every death deserves compensation of USD 50,000, totaling USD 150,000.
II. One injury and disability, the plaintiff Xiao Qingzhong, then aged twelve, both legs were destroyed by the explosion, with femur comminuted fracture, he bled incessantly, fortunately due to rescue in the hospital, the right leg was preserved, left leg was amputated at high position, his head was scratched by machine gun bullets, till today there is a small groove where no hair grows, despite his survival, he lost one leg, and became disabled (See Appendix 1 the plaintiff’s photo), which made the plaintiff unable to resume normal life and work, and lost otherwise higher remuneration for a normal worker with no disability, the accumulation of economic loss spanning fifty years means a small fortune, meanwhile he has difficulty in moving about, the aftereffect of amputation often brought pain, which increased medical treatment and nursing fee, the disability accompanied him for over several dozen years, and resulted in mental trauma, which is irreparable……Therefore, he deserves disability damage compensation of USD 30,000.
II. Three injured, the plaintiff’s father Xiao Zuyao, aged 37 in that year, suffered multiple wounds in hands and hip, reeling from this calamity, he naturally felt extremely distraught, apart from tending to his own wounds, he also needed to entrust others to take care of those injured and prepare funerals for the deaths, emotional and mental pains were unspeakable, economic difficulty was unclear. Second younger sister Xiao Qinghea was aged five, her feet was wounded by bomb shells, and could not walk normally, we needed to hire someone else to send her to hospital for treatment, which increased treatment and nursing expenses, therefore, it is demanded to give compensation to every injured person, eldest younger sister Xiao Qinglan, then aged six and half, her head was wounded by shell, each one deserves compensation of USD 15,000, three persons total USD 45,000.
The above compensation claims are summarized below:
The three deaths deserve USD 50,000 per person, totaling USD 150,000;
One injury and disability deserves compensation of USD 30,000;
Three injured persons deserve USD 15,000 each, totaling USD 45,000;
Total compensation amount is USD 225,000.
Based on the above, the plaintiff’s family were Chinese civilians, who received bombing from military aircrafts of the Japanese Army which waged the invasion war, resulting in heavy casualty of the plaintiff’s innocent family, including brutal death, disability and injury, indeed in violation of international public law and laws on war, the defendant should assume responsibility and compensation for the plaintiff’s whole family. This is civilian damage compensation, rather than war compensation between two governments, the Chinese government once indicated “Chinese civilian victims can demand compensation from Japan”. After the WWII, instances of the defeat nation which waged invasion war giving “war compensation” and “civilian damage compensation” to victory nations all exist. (Please refer to joint indictment).
Appendix 1 Photo of disability of the plaintiff
Appendix 2 Wang Huifeng and others’ certification documents
Appendix 3 Men Yuanfang’s certification document
Japanese government c/a His Excellency Ambassador Michihiko KUNIHIRO of the Japanese Embassy in China
Chinese civilian victim: Xiao Qingzhong
November 3, 1995 AD
Statement on Three Deaths and Four Injured Persons of
Xiao Qingzhong’s Whole Family
In the September-28-1937 bombing of Kunming by Japanese Aircrafts
During Japanese Imperialism Invasion into China
Xiao Qingzhong’s family was our family’s neighbor; back then we all lived at Mupaifang Lane, Qianju Street in Kunming City. On September 28, 1937, the Japanese invasion aircrafts bombed Kunming, my family and Xiao Qingzhong’s family heard the alarm and ran toward different directions to avoid bombing by Japanese aircrafts, when Xiao Qingzhong’s whole family ran to Miaopu in Kunming City (now Panjiawan in Kunming City), three persons were killed by the bombs dropped by Japanese aircrafts (Xiao Qingzhong’s grandmother Mrs. Xiao nee Shi, Xiao Qingzhong’s mother Nie Jingxian, Xiao Qingzhong’s youngest sister Xiao Qingzhi); four persons were injured (Xiao Qingzhong’s eldest younger sister Xiao Qinglan, second younger sister Xiao Qinghe and Xiao Qingzhon’s father Xiao Zuyao), and Xiao Qingzhong himself was wounded in both legs, after treatment at hospital his left leg was amputated at high position, the right leg was kept after medical treatment. The bombing by Japanese aircrafts on September 28, 1937 made Xiao Qingzhong’s family broken up, whereas Xiao Qingzhong himself sustained lifelong disability. The tragic encounter of Xiao’s family is irrefutable proof of extensive and heavy disaster brought to Chinese people by the Japanese Imperialism Invasion War.
Reference: Wang Huifen (retried cadre, currently residing at Zongshuying
Residential Quarters, Kunming City)
Wang Weijin (retired cadre, currently residing at Shuguang Residential
Quarters Kunming City)
November 5, 1995
To Whom It May Concern
This is to certify that on September 28, 1937 when Xiao Qingzhong’s whole family experienced the bombing by Japanese aircrafts at Miaopu (Panjiawan) in Kunming City, the plaintiff’s grandmother, mother, and youngest sister were killed, after the bombing he himself only kept one leg after hospital treatment, his left leg was amputated which made him a disabled person, his father, two younger sisters were all wounded by bomb shells, the family was broken up, the deaths and injured persons were cared by my family, the scenes then were indeed too horrible to see. I will omit the details here; the plaintiff’s words are all facts, the actual tragic condition was even worse, if not exactly the same. This certificate is hereby issued.
Reference: Men Yuanfang, female, now 69
Address: 128 Hepinghou Village Kunming (No. 4, 2F, Unit 1, Municipal Water Conservancy Bureau Dormitory)
Reference: Men Yuanfang (name seal)
November 4, 1995