I hereby promulgate the Sea Casualties Inquiry Law. Signed:HIROHITO, Seal of the Emperor This nineteenth day of the eleventh month of the twenty-second year of Showa (November 19, 1947) Prime Minister KATAYAMA Tetsu Law No.135 THE SEA CASUALTIES INQUIRY LAW CONTENTS: Chapt.1. General Provisions Chapt.2. Organization and Jurisdiction of Marine Courts Chapt.3. Counsellor Chapt.4. Proceedings Prior to Trial Chapt.5. Trial by Local Marine Court Chapt.6. Trial by the High Marine Court Chapt.7. Suit against Decision made by the Marine Court Chapt.8. Execution of Decision Chapt.9. Miscellaneous Provisions Supplementary Provisions THE SEA CASUALTIES INQUIRY LAW Chapter 1 General Provisions

Article 1. The present Law shall have for its aim to make clear the causes of sea casualties, by inquiries and thereby to contribute to the prevention of such casualties from occurring.

Article 2. Any of the following incidents shall constitute the sea casualty under the term of the present Law: 1. If any vessel has been damaged, or if any facilities other than a vessel have been damaged in connection with her operation; 2. If any person has been killed or injured in connection with the structure, equipment, or operation of a vessel; 3. If the safety of a vessel or navigation thereof has been disturbed.

Article 3. In trial by a Marine Court, the causes of sea casualties shall be investigated with respect to each of the following items: 1. Whether the case has been caused by any person intentionally or by negligence; 2. Whether the case is ascribable to the number of crew, their qualifications, skill, labor conditions, or the term of service; 3. Whether the case is ascribable to the structure of the hull or of engines, the quality of materials, or to workmanship, equipments and accessories of a vessel or to the efficiency thereof; 4. Whether the case is ascribable to such aids to navigation as charts, nautical marks, ship communication, meteorological reports, o salvaging facilities; 5. Whether the case is ascribable to the condition of the harbor or waterway.

Article 4. The Marine Court shall investigate the causes of sea casualties and make the conclusion clear in the form of a decision. If a sea casualty has been caused by a wilful act or negligence of the holder of a certificate of competency or of a pilot certificate in the performance of his duties, the Marine Court shall discipline him with the decision of the Court. The Marine Court may, when deemed necessary, make a decision to the effect that a recommendation shall be made to those persons who are not mentioned in the preceding paragraph but are related to the cause of a sea casualty.

Article 5. The disciplinary punishment shall be divided into the following three kinds, the application of which will depend upon the extent of the faults: 1. Cancellation of the certificate; 2. Suspension of the certificate; 3. Reprimand; The term of suspension of the certificate shall extend from one month to three years.

Article 6. In cases where a sea casualty falls under Art.4, Par.2, judging from the nature and condition or the career of the person deemed responsible therefor and other extenuating circumstances, the Marine Court has deemed it unnecessary to punish him, the Court may especially exempt him from the punishment.

Article 7. A Marine Court shall not try a case to which the final decision has already been given in pursuance of the present Law.

Chapter II Organization and Jurisdiction of Marine Courts

Article 8. The Marine Courts shall be under the jurisdiction of the Minister of Transportation.

Article 9. There are two classes of Marine Courts, namely a Local Marine Court and High Marine Court. The names, location and jurisdiction of Local Marine Courts and the locations of the High Marine Court shall be prescribed by Cabinet Order.

Article 10. Each Marine Court shall have judges and Secretaries, the number of whom shall be fixed by Cabinet Order. Marine Court Secretaries shall conduct business of Marine Courts by order of his superiors Matters relating to the qualifications for the appointment and promotion of Marine Court Judges shall be prescribed by Cabinet Order.

Article 11. Marine Court Judges will pursue their duties independently.

Article 12. The Minister of Transportation shall appoint the Chief Judge of a Marine Court from among Marine Court Judges of their respective Courts.

Article 13. Each Marine Court shall have a Marine Court Clerk. A Marine Court Clerk shall be appointed by the Chief Judge of the High Marine Court from among Marine Court Secretaries. A Marine Court Clerk shall, by order of Marine Court Judges, transact business concerning the compilation of documents of the cases and the custody or sending of the same.

Article 14. Each Marine Court shall have Commissioned Judges appointed by the Chief Judge of the Court from among men of learning and experience, and the number of whom shall be prescribed by Cabinet Order. The Commissioned Judges shall participate in the trail of cases, the investigation of whose causes are deemed especially difficult. The duties and right of a Commissioned Judge in relation to the proceedings for participating in trial shall be the same as those of Judges other than the Chief Judges.

Article 15. A Local Marine Court shall be the Court of first instance, and the High Marine Court the court of second instance.

Article 16. In a Local Marine Court, trial shall be made by three Judges. However, with respect to a simple case, a Local Court shall cause one Judge to make trial at the request of a Commissioner under the provisions of Order. In the High Marine Court, trial shall be made by five Judges. Each Marine Court shall, with respect to the case as provided for in Art.14, Par.2, cause Judges mentioned in the principal clause of Par.1 of this Article or Par.2 of the same and two Commissioned Judges designated by the Chief Judge of each Marine Court to make trial according to the provisions of Order. In the case contemplated in the principal clause of Par.1 of this Article and Par.2 of the same, one of the Judges shall be the Chief Judge.

Article 17. Each Marine Court shall have Marine Court Commissioners, the number of whom shall be prescribed by Cabinet Order. The Commissioners shall conduct the business relating to the application for trial and the execution of a decision. In the performance of his duties, a Commissioner of the High Marine Court shall receive orders from the Minister of Transportation, and a Commissioner of a Local Marine Court from the Minister of Transportation and Commissioners of the High Marine Court. Matters relating to the qualifications for appointment and promotion of Marine Court Commissioners shall be prescribed by Cabinet Order.

Article 18. The Chief Judge of a Marine Court shall appoint those who will assist Commissioners it executing their duties from among Marine Court Secretaries. The persons mentioned in the preceding paragraph shall, in the performance of their duties, receive orders from Marine Court Commissioners.

Article 19. The jurisdiction over a case subjected to trial shall fall under the Local Marine Court to which the jurisdiction of the locality where a sea casualty occurred belongs. However, in case the locality where a sea casualty has occurred is not clear, the jurisdiction shall fall under the Local Marine Court whose jurisdiction covers the port of registry of the vessel involved in the sea casualty. In case the jurisdiction over one case has extended to two Local Marine Courts or more, the case will be tried in the Local Marine Court which has first received the application for the commencement of trial. The jurisdiction over a sea casualty which occurs outside the Japanese territory shall be established by Cabinet Order.

Article 20. When a Local Marine Court deems that a case does not full under the jurisdiction, the Court shall transfer the case to the competent Local Marine Court with its decision. The Local Marine Court which has been transferred a case with the decision mentioned in the preceding paragraph shall not further transfer the case to another Local Marine Court. In the case contemplated in Par.1 of this Article, the case shall be deemed as having belonged from the first to the Local Marine Court which has been transferred the case.

Article 21. Commissioners or Examinees may apply to the High Marine Court for the transfer of the case to the jurisdiction of another Marine Court according to the provisions of Order. If, in cases where the application mentioned in the preceding paragraph has been maed the High Marine Court deems it favorable for trial, the court may transfer the case to the jurisdiction of another Marine Court with its decision.

Asrticle 22. Matters relating to the disposition of the business of Marine Courts shall be prescribed by Order.

Chapter III Counsellor

Article 23. An Examinee may select a Counsellor in accordance with the provisions of Order.

Article 24. A Counsellor may independently perform the acts provided for by Order, in addition to those provided for in this Law.

Article 25. The Counsellor shall be selected from among those who have been registered as Marine Counsellors at the High Marine Court. However, this shall not be applicable to cases where the permission of a Marine Court has been obtained. Matters concerning qualifications for Marine Counsellor and registry thereof shall be prescribed by Order.

Article 26. A Marine Counsellor shall discharge his duties faithfully. A Marine Counsellor shall keep the secret which has come to his knowledge in the performance of his duties.

Article 27. A Marine Counsellor shall be subject to the supervision of the Chief Judge of the High Marine Court.

Chapter IV Proceedings Prior to Trial

Article 28. When the Marine Authorities, police officials, mayors of cities, or headmen of towns or villages have recognized a fact falling under any of the items of Art.2, shall, without delay, report thereon to the Commissioner of the High Marine Court having competence over the location of their offices.

Article 29. If a consal has recognized a fact falling under any of the items of Art.2 abroad, he shall, without delay, collect evidences and make a report thereon to a Commissioner of the High Marine Court.

Article 30. If a Commissioner of a Local Marine Court has recognized a fact to be tried under than Law, he shall, without delay, investigate the fact and collect evidences.

Article 31. With regard to investigating a fact or collceting evidences, a Commissioner shall keep the secret or take care not to injure the good names of the parties concerned.

Article 32. A Commissioner may, when deemed necessary for the performance of his duties, make any of the following dispositions: 1. To summon or inquire the persons concerned in a sea casualty; 2. Investigating a vessel or other places; 3. Causing the persons concerned in a sea casualty to make a report or submit books, documents or other articles; 4. Causing public offices to submit reports or date; 5. To summon appraisers, interpreters or trans, lators, or make such persons appraise, interpertor translate. When a Commissioner makes the disposition mentioned in Item 2 of the preceding paragraph, he shall carry with him an identification card testifying to his status.

Article 33. When a Commissioner has recognized a case to be subjected to trial, he shall make an application to the Local Marine Court to commence trial. However, the Commissioner shall not make an application to commence trial, with regard to a sea casualty, in case five years have elapsed since the occurrence of the casualty. The application mentioned in the preceding paragraph shall be make in writing by showing the fact of a sea casualty.

Article 34. When a Commissioner has recognized that a sea casualty has occurred on account of the wilful act or negligence of the holder of a certificate of competency or of a pilot certificate, the Commissioner shall specify, in the document mentioned in Par.2 of the preceding Article, such holder as an Examinee. In the case contemplated in the preceding paragraph, a Commissioner shall, according to the provisions of Order, give an Examinee the information to the effect that an application has been made for the commencement of trial.

Chapter V Trial by a Local Marine Court

Article 35. A Local Marine Court shall commence trial when a Commissioner has made an application for the commencement thereof.

Article 36. Confrontation and decision shall be made in a court open to the public.

Article 37. The Chief Judge shall lead trial and maintain order during sitting. The Chief Judge may order a person who disturbs trial to leave the court or take other measures necessary for maintaining order in a court.

Adrticle 38. The Local Marine Court may summon an Examinee on the day of trial and inquire Kim.

Article 39. In case an Examinee is present in a Court, decision shall be made based on pleadings. However, in case he is absent on the day of trial without justifiable reasons, decision may be made not based thereupon.

Article 40. A Local Marine Court may examine evidence at the instance of an examinee or in virtue of its office. In regard to evidence, the provisions of Laws and Ordinance concerning a criminal action of the popular court shall be applied. However, a Local Marine Court shall not arrest, make seizure, search, dispose of by force or cause any other person to dispose of by force in respect of a personal body, Articles and location nor decide on a fine. In addition to the provisions mentioned in the preceding paragraph, the Local Marine Court may examine evidence by the following methods: 1. To inspect vessels and other locations; 2. To order the presentation of books, documents and similar things; 3. To request a public office for reports or data.

Article 41. In the following cases, a Local Marine Court shall make a decision that the application for commencement of trial should be dismissed: 1. If there exists no right to make trial; 2. If the application for the commencement of trial is unlawful; 3. If the trial shall not be held, in accordance with the provisions of Art.7 or Art.19, Par.2.

Article 42. A decision shall be made together with reasons.

Article 43. In the decision on a case, the fact of a sea casualty and the causes shall be revealed and the reason why such fact of sea casualty and the causes have been presumed on the basis of evidence shall be indicated. However, if the fact of a sea casualty is not presumed, it is sufficient only to reveal to that effect.

Article 44. The announcement of a decision shall be made by a judge of the court.

Article 45. Necessary matters concerning the legal procedure of a Local Marine Court not provided for in this Law shall be provided for by Order.

Chapter VI Trial by the High Marine Court

Article 46. A Commissioner or an Examinee may make an application for second instance to the High Marine Court against the decision of a Local Marine Court in accordance with the provisions of Ordinance. A Counsellor may also make an independent application as mentioned in the preceding paragraph on behalf of an Examinee. However, he shall not do so against the will expressed by an Examinee. An application mentioned in Par.1 shall be made within seven days following the day of decision inclusive.

Article 47. A Commissioner or an Examinee may cancel his application for second instance until the decision of second instance is made.

Article 48. If an application for second instance is contrary to the provisions the High Marine Court shall dismiss such application with the decision of the Court.

Article 49. If a Local Marine Court has unlawfully dismissed an application for commencement of trial, the High Marine Court shall transfer a case to a Local Marine Court with the decision of its own.

Article 50. In case a Local Marine Court has failed to dismiss the application for commencement of trial although the court falls under each item of Art.41, the High Marine Court shall dismiss the said application with the decision of its own.

Article 51. The High Marine Court shall further deliver a decision except in the cases of the preceding three Articles.

Article 52. In regard to the trial of the High Marine Court, the provisions of Chapter V shall be applied with the necessary modifications except in the cases prescribed in this Chapter.

Chapter VII Suit against Decision made by the Marine Court.

Article 53. A suit against the decision made by the Hiegh Marine Court shall be placed under the exclusive jurisdiction of the Tokyo High Court of justice. A suit as mentioned in the preceding paragraph shall be filed within thirty days counting from the day on which a decision is made. A suit shall not be filed against the decision of a Local Marine Court.

Article 54. In a suit mentioned in Par.1 of the preceding Article, a Commissioner of the High Marine Court shall represent the High Marine Court.

Article 55. An appeal mentioned in Par.1 of Article 53 shall not prevent a decision from being executed. However, a court of justice may, whenever deemed necessary, order to suspend the execution of a decision or cancel such order with its decision upon request or in virtue of its office.

Article 56. A court of Justice shall, when the appeal is deemed reasonable, cancel a decision. In the case contemplated in the preceding paragraph, the High Marine Court shall hold retrial. The judgment upon which the cancellation of a decision in trial of a court of Justice is based shall restrain the High Marine Court in regard to the case.

Chapter VIII Execution of Decision

Article 57. A decision Shall be executed after the decision becomes final.

Article 58. A decision shall be executed by the Commissioner of the Marine Court who has made the decision.

Article 59. If a decision has been made that a certificate of competency shall be cancelled, a Commissioner shall confiscate the certificate of competency and forward the same to the competent authorities.

Article 60. If a decision has been made that a certificate of competency shall be suspended, a Commissioner shall confiscate the certificate of competency and return the same to the holder thereof after the expiration of term of suspension.

Article 61. If a person whose certificate of competency has been pronounced to be cancelled or suspended fails to submit such certificate to a Commissioner in spite of the Commissioner's Order, the Commissioner shall declare the nullity of the certificate, and make a notification to that effect in the Official Gazette.

Article 62. If the decision to the effect that a recommendation shall be made has been made, the Chief Judge shall, without delay, make a note of recommendation and transfer it to a Commissioner. The Commissioner shall send the recommendation mentioned in the preceding paragraph with a copy of decision to a person who is to receive such recommendation. A Commissioner shall make a public notice of the contents of a decision that recommendation be made in accordance with the provisions of Order.

Article 63. A person who has received recommendation shall respect such recommendation, strive to answer the purpose thereof and take necessary measures.

Chapter IX Miscellaneous Provisions

Article 64. A person who, in accordance with the provisions of this Law, has appeared in court on a witness, an appraiser, an interpreter or a translator shall be paid travelling expenses, daily allowances and hotel charges in accordance with the provisions of Order.

Article 65. A person who comes within the purview of any of the following items shall be subject to a fine not exceeding\3,000 in accordance with the Provisions of the Law of the Procedure in None-Contentions Matters: 1. A person who, when summoned twice as an Examinee by a Marine Court, has failed to appear in court without justifiable reason; 2. A person who, when summoned by a Marine Court as a witness, an appraiser, an interpreter or a translator, has not appeared in court nor fulfilled his responsibility without justifiable reason; 3. A person who has refused, interrupted or evaded the inspection of a Marine Court; 4. A person who, when ordered by a Marine Court to present books, documents and similar things, has refused such order or presented the books and documents which are false in contents.

Article 66. A person who has not obeyed the order issued by the Chief Judge as provided for in Art.37, Par.2, shall be subject to a fine not exceeding \1,000 in accordance with the Provisions of the Law of the Procedure in None-Contentions Matters.

Supplementary Provisions: The date of enforcement of this Law shall be fixed by Cabinet Order, provided that the date shall not be later than March 1 of 1948. This Law shall not apply to a sea casualty which took place prior to the enforcement thereof. The Mariners Disciplinary Punishment Lave shall be repealed. The following amendments shall be made to a part of the Pilot Law:

Articles 19 and 21 shall be deleted.

In regard to the inquiries based on the fact which took place prior to the enforcement of this Law, the provisions of the former Law and of Articles 19 and 21 of the Pilot Law which existed before revision shall remain in force. In this case, "Kaiin Shimpan-sho (Marine Court)" mentioned in the former Law and these provisions shall read "Kainan Shimpan-sho (Marine Court.)" The procedure taken in regard to cases in the "Koto Kaiin Shimpan-sho (High Marine Court)" shall he deemed identical with that taken in regard to cases in the "Koto Kainan Shimpan-sho (High Marine Court)" and the procedure taken in a "Chiho Kaiin Shimpan-sho (Local Marine Court)" that taken in regard to cases in a "Chiho Kainan Shimpan-sho (Local Marine Court)" which has competence over the location of the "Chiho Kaiin Shimpan-sho (Local Marine Court)." Minister of Transportation TOMABECHI Gizo Prime Minister KATAYAMA Tetsu