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Claim against the Japanese Government from Civilian Victims during the WWII of Ouchi Town, Gong’an County, Hubei Province, the People’s Republic of China

Plaintiff: Xu Shidong, male, 57, Han nationality, currently senior teacher at Wugang Third High School, Wuhan, Hubei, the People’s Republic of China
On behalf of 52 relatives
Current address of correspondence: Wugang Third High School, Wuhan, Hubei, China
Postal code: 430080
Defendant: Japanese Government

Demand: During WWII, on February 24, 1942, Japanese aircrafts bombed civilian areas in Ouchi indiscriminately. The Plaintiff’s father was killed by bombing. The rice shop owned jointly by my father and his friends was totally destroyed by the incendiary bombs from the Japanese aircrafts. The inn operated by the Plaintiff’s mother and his older brother was also razed to the ground by the Japanese army. The physical and property loss was horrendously heavy. The Plaintiff demands the Japanese government to compensate one hundred and fifty-six thousand two hundred and twenty US dollars.

Facts and reasons: Before 1942 (i.e. before sustaining damage) there were seven members of the Plaintiff’s family: parents, two older brothers, a sister-in-law, one older sister, and myself. We lived in Ouchi Town (back then Ouchi was subordinate to Shihou County), Hubei Province, China. This town was on the bank of the Yangtze River, a prosperous commercial city in southern Hunan area, with a population of over 10,000 people. The Plaintiff’s father and friends operated a relatively large rice shop named “Guanshantai Rice Shop” in Xidi Street of the town (one of the major streets in the town at that time). The Plaintiff’s mother and his older brother ran an inn called “Xuhongtai” (with both accommodation and restaurant services) in the middle section of Xidi Street. The whole family lived a relatively wealthy life. The Plaintiff’s family suffered damages because of Japanese invasion of China:

1. The Plaintiff’s father Xu Ji’an was killed when Japanese bombed the civilian zone in Ouchi Town on February 24, 1942. He was only 44 when he died, at the prime of his life. In reference to Shanghai railway accident in which China compensated the Japanese, each male death was worth US$50,000.00

2. The “Guanshantai Rice Shop” jointly run by the Plaintiff’s father and his friends was destroyed by incendiary bombs dropped by the Japanese aircrafts in the same day (the Ouchi Town has complete records of the bombing and the destruction), leaving behind only a pile of rubbles. The house had a brick exterior and a tile roof. It was a spacious bungalow with three large rooms partitioned by wood and seven columns. There were kitchen, toilet, and pigsty at the rear of the house……furniture items and shelvings in the house……worth over 3500 silver dollars. There were over 70000 kg of rice stock stored indoors and working capital, worth over 2000 silver dollars. Total loss amounted to over 5500 silver dollars. Based on 100 silver dollars equivalent to 50 grams of gold, and the current market price of gold being 138 yuan per gram, we adopt 125 yuan per gram, 50 gram of gold is worth 6250 yuan, current price 1 US dollar is worth 8.2 yuan (RMB), 100 silver dollars can be converted into 50 grams of gold, namely US$ 762.2. We demand compensation of US$ 41,921.

3. The “Xuhongtai Inn” run by the Plaintiff’s mother and his older brother was destroyed by the Japanese invasion army, and razed to the ground. When the Plaintiff’s family returned from Hunan to Ouchi after three years’ exile when Japan surrendered, the original inn was only left with a pile of rubbles. The original inn was a three-house complex, 2-storys high, made of wood and tiles, with rooms, beds and furniture, and restaurant facilities, with over ten sets of table and lamps, and pots, pans and bowls……total worth was about 4500 silver dollars, for which we demand US$34,299 as compensation.

4. When the Japanese army occupied Ouchi, i.e. February 1943, the Plaintiff’s whole family including orphan and widow, old and young, totaling six persons, fled to western Hunan (Changde, Anxiang……Taoyuan Mountains), far away from our hometown, suffered all kinds of hardships, and the economic loss was huge. The Plaintiff’s family was previously relatively wealthy, with many years of savings, along with jewelry and valuable, the total should be more than 10,000 silver dollars. All these were completely exhausted in the three years of exile life. After the Japanese surrendered, the Plaintiff’s family returned to Ouchi. The whole family was in dire poverty, and had to live frugally all year round. I demand compensation of US$30,000. Total compensation amounted to US$156,220. (The loss took place 50 years ago. The interest should also be counted into compensation, subject to court ruling.)

Based on the above facts (including historical records from county annals, and town annals, plus witness testimonials) and international law, the Plaintiff demands the defendant to offer compensation to Chinese civilian victims. It has been reported that during Japan’s Prime Minister Murayama’s recent visit to China, he agreed to give civilian compensation before leaving Shanghai. This is a prudent decision for the incumbent Japanese government to break away from the position of the past Japanese militarism, turning hostilities into peace and harmony, and fostering amicable friendship between China and Japan to embrace the 21st century. The Chinese people is eagerly looking forward to seeing the Japanese government honour its pledge for civilian compensation in China.

Regards

Japanese Government Court
c/o Japanese Embassy in China

Civilian Victim of the People’s Republic of China
Xu Shidong
1995.5.15

Note: Please find attached five testimony documents.

Witness Statement

I’m 75 this year. On February 24, 1942, when Japanese aircrafts indiscriminately bombed Ouchi, I was 22. I still remember vividly the scene my father was killed by Japanese aircrafts, and my father’s rice shop being burned to ashes by the incendiary bombs dropped by Japanese aircrafts, plus the terrible scene of the inn jointly run by my mother, my older brother and myself being razed to the ground by the Japanese bombing, as if they happened only yesterday. The testimonials written by my younger brother Shidong in the claim letter are all facts which I’m very familiar with. They were stories I have told him countless times over the past 50 plus years. We can never forget this national shame and family calamity. We want to seek justice for my father and all compatriot victims. We demand compensation from the Japanese government.

Right thumb print of Xu Shixiu (Hand print)
1995.5.28 Personally
Currently living at Meijingyao, Anxiang, Hunan
Postal code: 415613

Witness Statement

On February 24, 1942, the Japanese invaders’ aircrafts bombed Ouchi downtown area. “Guanshantai Rice Shop” was destroyed. On the second day one could still see the flame on the rubbles destroyed by the incendiary bombs, the previously spacious and tall rice shop was burned to a pile of ashes. All these and the horrible scene of Mr. Xu Ji’an being killed were witnessed by me.

Zhou Yaoer (Hand print) (82 this year)
June 20, 1995
Address: 53 Minzhu Street, Ouchi Town, Gong’an County, Hubei Province
Postal code: 434305

Witness Statement

In the spring of 1942, Japanese invaders dispatched aircrafts to bomb Ouchi downtown area (around February 20 in that year). The next day after the bombing, I personally witnessed “Xuhongtai Inn” being destroyed, with rubbles everywhere, and the horrible scene of Mr. Xu Ji’an being killed. This statement is hereby made.

Liu Xiangui (Hand print)
August 5, 1995
Address: 73 Minzhu Street, Ouchi Town, Gong’an County, Hubei Province
Postal code: 434305

Witness Statement

At the end of 1945 AD, I visited Ouchi, and witnessed many houses on Xidi Street in Ouchi were destroyed by Japanese aircrafts, rubbles were everywhere. The location where previously the two-story building “Xuhongtai Inn” stood was also a pile of rubbles.

Lu Jiming (hand print)
August 6, 1995
Address: 87 Minzhu Street, Ouchi Town, Gong’an County, Hubei Province
Postal code: 434305

Witness Statement

At the end of 1945 AD, I visited Ouchi and witnessed many houses on Xidi Street in Ouchi were destroyed, the place where previously the two-story building “Xuhongtai Inn” stood was also a pile of rubbles.

Zhao Xiangyun (Hand print) (76 years old)
June 20, 1995
No. 125 Minzhu Street, Ouchi Town, Gong’an County, Hubei Province
Postal code: 434305