I hereby give My sanction to the Imperial Ordinance concerning the petition for cancellation of the Designation of the Applicable under the Memorandum, in accordance with the provisions of Imperial Ordinance No. 1 of 1947, under the Imperial Ordinance No. 542 of 1945 relating to the Orders to be issued in consequence of the Acceptance of the Potsdam Declaration, and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This first day of the third month of the twenty-second year of Showa (March 1, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister for Home Affairs UEHARA Etsujiro
Imperial Ordinance No. 65
Article 1. Any person who has been designated as falling under the Memorandum in accordance with the provisions of Imperial Ordinance No. 109 of 1946 or of Imperial Ordinance No. 1 of 1947, and as a consequence thereof removed or barred from appointment or election to a position in the public service may, in the event he deems that an error has been made in his case, file an appeal for a rescission of designation to the Prime Minister.
The Prime Minister, upon acceptance of the appeal prescribed in the preceding paragraph, may, on the basis of the findings and recommendations of the Public Office Qualifications Appeal Board, rescind the designation.
Article 2. Any person who intends to appeal in pursuance of the provisions of paragraph 1 of the preceding Article shall submit a letter of appeal to the Prime Minister, stating clearly reasons for justification of his case and together with relevant documents for evidence.
In case the appellant has been designated as falling under the Memorandum by the Prefectural Governor, the letter of appeal prescribed in the preceding paragraph shall be submitted through the Prefectural Governor. In this case, upon acceptance of documents pertaining to the appeal, the Prefectural Governor concerned shall forward them immediately, together with statement of his opinion and the questionnaire of the appellant, to the Prime Minister.
The Prime Minister, upon acceptance of documents pertaining to the appeal, shall forward them immediately, together with a statement of his opinion (concerning the case prescribed in the preceding paragraph, the statement of the Prefectural Governor) and the questionnaire of the appellant, to the Public Office Qualifications Appeal Board.
Article 3. The appeal prescribed in Article 1, paragraph 1 above shall be filed within three months from the day of designation as falling under the Memorandum.
Validity of designation as falling under the Memorandum shall not be affected by filing of the appeal prescribed in Article 1, paragraph 1 above.
Article 4. The rescission of designation as falling under the Memorandum shall be effected by notification of the Prime Minister to the appellant.
In case the designation be rescinded, the designation shall lose its validity from the day of its rescission. In this case, the provisions of Article 5, paragraph 1 of the Imperial Ordinance No. 1 of 1947 (including corresponding provisions of Imperial Ordinance No. 109 of 1946 replaced by the former Imperial Ordinance) shall be deemed as not having been applied.
Article 5. The Prime Minister, when he has taken measures for the rescission or for other necessary matters, on the basis of consequence of examination by the Public Office Qualifications Appeal Board, shall publish the facts immediately.
Article 6. Any person who has submitted the statement of reasons or documents prescribed in Article 2 above containing false entry or entry lacking full and complete disclosure shall be liable to the penal servitude of not more than three years or to a fine of not more than ¥15,000. Any person who has been requested to present materials or an explanation of facts and fails in doing so or who submits materials containing false information or lacking full and complete disclosure of facts on important matters shall be likewise liable to the same punishment.
Supplementary Provisions:
The present Ordinance shall come into force as from the day of its promulgation.
The period prescribed in the Article 3, paragraph 1 above shall, with persons who have been designated as falling under the Memorandum prior to the issuance of this Imperial Ordinance, be three months from the date of its promulgation.