I hereby promulgate the Law for Partial Amendments to the Maritime Safety Agency and Marine Accidents Inquiry Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Maritime Safety Agency Law and Marine Accidents Inquiry Law
Article 1. A part of the Maritime Safety Board Law (Law No.28 of 1948) shall be partially amended as follows:
Article 5 shall be amended as follows:
Aritcle 5. There shall be established in the Maritime Safety Agency the Director's Secretariat and the following four Divisions:
Patrol and Rescue Division
Merchant Marine Safety Division
In Article 6 item (7) "other Bureaus" shall be amended as "other Divisions," the same item shall be item 8, and the following item shall be added as item (7):
7. Matters concerning the supervision over base facilities and vessels to be used by the Maritime Safety Agency and the supervision and operation of the communications facilities.
Article 7 shall be amended as follows:
Article 7. The Patrol and Rescue Division shall take charge of the following functions:
(1) The salvage of human life, cargo and vessel from shipwreck and the necessary assistance in case of natural calamities, accidents and other events where relief is required;
(2) The removal of menace to navigation;
(3) The supervision over those other than maritime safety authorities, engaged in the service to rescue human life and properties at sea and to clear the navigation of vessels from obstacles;
(4) The supervision necessary at sea for keeping safety for those engaged in maritime transportation business for passengers or cargoes;
(5) The patrol of coastal waters;
(6) The prevention and suppression of criminal cases such as smuggling and illegal entry;
(7) The search for and arrest of criminals at sea;
(8) The prevention and suppression of riots and disturbances at sea;
(9) The operation cf base facilities and vessels to be used by the Maritime Safety Agency;matters of providing water transportation for the customs, quarantine and other administrative authorities in the performance of their duties;
(10) The cooperation, mutual assistance and liaison service between maritime safety authorities and the National Rural Police and Police of Cities, Towns and Villages inclusive (hereinafter referred to as "the police authorities" ), customs, quarantine stations or other administrative authorities concerned.
The following Article shall be added next to Article 7:
Article 7-(2). The Merchant Marine Safety Division shall perform the following functions:
(1) The inspection of vessels, marine engines, rigging and equipment of vessels;
(2) The designation of the load water-line;
(3) The qualifications and minimum number of ship's officers and crew;
(4) The supervision over pilot and pilots business;
(5) The rules of sailing and signals for navigation of vessels;
(6) The investigation of marine accidents;
(7) The application for trial to, and the execution of decisions of the Marine Accidents Inquiry Agency;
(8) Other matters as concerning the safety of navigation which do not fall under the jurisdiction of other Division.
In Article 8, "The Hydrographic Bureau" shall be amended as "The Hydrographic Division" .
In Article 9, "The Light House Bureau" shall be amended as "The Lighthouse Division" and in item (2), same Article, "and report thereon" shall be added next to "the meteorological observation."
Article 11 shall be amended as follows:
Article 11. The Maritime Safety Agency shall have an Assistant Director.
The Assistant Director shall assist the Director and shall preside over Board affairs of the Agency.
The following Article shall be added next to Article 11:
Article 11-(2). A Maritime Safety Academy shall be established in the Maritime Safety Board.
The Maritime Safety Academy shall train the personnel of the Maritime Safety Agency The name, location and internal organization shall be fixed by Maritime Safety Agency Ordinance.
Article 14 shall be amended as follows:
Article 14. The Maritime Safety Agency shall have Maritime Safety officials.
The ranks of Maritime Safety officials shall be provided by Cabinet Ordinance before the classification of functions has been decided in accordance with the National Public Service Law and the Law concerning position classification system.
Maritime Sefety officials shall, under the order of superior, perform the functions stipulated in Article 2 paragraph 1 except such functions under the jurisdiction of the Commissioners for the Inquiry of Marine Accidents.
Article 21 paragraph 1 shall be amended as follows:
The Director of the Maritime Safety Agency shall appoint the Port Captain from among Maritime Safety officials.
In Article 22 paragraph 1, "The Minister of Transportation" shall be amended as "The Director of the Maritime Safety Agency," and in paragraph 2 of the same Article, "Article 7 item (6)" shall be amended as "Article 7-(2) item (7)."
"Chapter II Maritime Safety Committee" before Article 26 shall be amended as "Chapter II Maritime Safety Advisory Committee."
In Article 26, "the Maritime Safety Committee" shall be amended as "the Maritime Safety Advisory Committee" and "the Central Maritime Safety Committee and Local Maritime Safety Committees" shall be amended as "the Central Maritime Safety Advisory Committee and Local Maritime Safety Advisory Committees."
In Article 33, "Maritime Sarety Committee" shall be amended as "Maritime Safety Advisory Committee."
In Article 35 paragraph 2 "the Safety Bureau, Maritime Safety Board" shall be amended as "the Patrol and Rescue Division, Maritime Safety Agency."
Article 2. The Marine Accidents Inquiry Law (Law No.135 of 1947) shall be partially amended as follows:
"The Marine Court of Inquiry" shall be amended as "Marine Accidents Inquiry Agency," and "Local Marine Court of Inquiry" as "Marine Accidents Inquiry Agency," "Higher Marine Court of Inquiry" as "Higher Marine Accidents Inquiry Agency," "Judges of Marine Court of Inquiry" as "Judges of Marine Accidents Inquiry Agency," "Marine Court Secretaries" as "Secretaries of the Marine Accidents Inquiry Agency," "Chief Judge of a Marine Court" shall be amended as "Chief Judge of the Marine Accidents Inquiry Agency," "Chief Judge of the Higher Marine Court" as "President of the Higher Marine Accidents Inquiry Agency," "the Marine Court Clerk" shall be amended as "the Clerk of the Marine Accidents Inquiry Agency," and "Safety Bureau, Maritime Safety Agency" as "Merchant Marine Safety Division, Maritime Safety Agency."
The following one Article shall be added next Article 9:
Article 9-(2). Each Local Marine Accidents Inquiry Agency shall have a Chief Judge, and the Higher Marine Accidents Inquiry Agency shall have a President.
Article 10 paragraph 1 shall be amended as follows:
The Marine Accidents Inquiry Agency shall have Judges and Secretaries of the Marine Accidents Inquiry Agency.
In Article 10 paragraph 3 shall be paragraph 4, and the following one paragraph shall be added to the same Article as paragraph 3:
Judges of the Marine Accidents Inquiry Agency shall be appointed by the Minister of Transportation.
In Article 28, "the Maritime Safety officials" shall be added before "Marine Authorities" and "Police officials" shall be amended as "National Rural Police officials and police officials of autonomous entities."
Supplementary Provisions:
1. This Law shall come into force as from June 1, 1949.
2. Marine Courts of Inquiry and the personnel thereof under the former provision shall become the organs and personnel corresponding to those provided for in the revised provisions of the Marine Accidents Inquiry Law stipulated in Article 2 of this Law, and shall be retained as they ate in their respective status.
3. Procedures taken by the High Marine Court of Inquiry in connection with cases shall be regarded as the procedures taken by the Higher Marine Accidents Inquiry Agency, and the procedures concerning cases taken by Local Marine Courts of Inquiry shall be treated as those taken by Local Marine Accidents Inquiry Agency which exercise jurisdiction over the location of the competent Local Marine Court of Inquiry.