Law for Partial Amendments to the Ship's Law
法令番号: 法律第237号
公布年月日: 昭和24年12月1日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Ship's Law.
Signed:HIROHITO, Seal of the Emperor
This first day of the twelfth month of the twenty-fourth year of Showa (December 1, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.237
Law for Partial Amendments to the Ship's Law
A part of the Ship's Law (Law No.46 of 1899) shall be amended as follows:
The following Article shall be added next to Article 5:
Article 5-(2).　The owner of a Japanese ship shall submit the certificate of nationality of the ship to the marine authorities having jurisdiction over its port of registry (or the nearest marine authorities when necessary through unavoidable circumstances of the ship's operation) by the date to be fixed by the competent Minister, to have the certificate inspected and its validity verified by the said marine authorities.
Before the date as referred to in the provision of the previous paragraph there shall be a lapse, of four years for a steel ship of 100 gross tons or more, of two years for a steel ship of less than 100 gross tons, and of one year for a wooden ship, after the date of the delivery of the certificate of nationality or of the previous inspection thereof.
In case the owner is, for such unavoidable reasons as in the case where a ship is in a foreign country and so forth, unable to submit the certificate of nationality by the date to be fixed by the competent Minister in accordance with the provision of paragraph 1, the marine authorities having jurisdiction over its port of registry will, when the owner has, stating the reason, applied to them by the said date, be authorized to extend the date for submitting the certificate. This shall also apply to the case where the owner is unable to submit the certificate by the new date which was fixed by way of extension.
In case the owner of a Japanese ship fails to submit the certificate of nationality by the date to be fixed by the competent Minister in accordance with the provision of paragraph 1 or by the date which has been fixed by way of extension in accordance with the preceding paragraph, the said certificate shall lose its validity. In this case, the marine authorities having jurisdiction over its port of registry shall ex officio cancel the registration of the said ship on the ship's register.
The following Article shall be added next to Article 6:
Article 6-(2).　In case of a change in the ownership of a ship registered in accordance with the provisions of Article 5 paragraph 1, the new owner shall not operate the said ship unless he has applied for rewriting of the certificate of nationality of the ship;provided that this shall not apply until he comes to know the fact and also for two weeks after the date when he has come to know the fact.
In Article 20, "the preceding sixteen Articles" shall be amended as "Article 4 to the preceding Article inclusive" .
Article 22 shall be amended as follows:
Article 22.　In case any ship other than a Japanese ship has displayed a Japanese flag with the object of misrepresenting her nationality or sailed with a certificate of nationality or a provisional certificate of nationality of a Japanese ship, the master thereof shall be liable to penal servitude not exceeding two years or to a fine not exceeding one hundred thousand yen, and if, in this case, the ship is owned or possessed by the master the ship may be liable to forfeiture.
The provision of the preceding paragraph shall not apply in case the ship has displayed the Japanese flag with the object of avoiding capture.
The provisions of the preceding two paragraphs shall apply in case a Japanese ship has displayed a flag other than a Japanese flag with the object of misrepresenting her nationality.
The following one Article shall be added next to Article 22:
Article 22-(2).　In case a master of any ship has operated the ship, keeping aboard a certificate of nationality or a provisional certificate of nationality of any other ship with the object of presenting it to the competent government or public official on the occasion of the spot inspection, he shall be Iiable to penal servitude not exceeding two years or to a fine not exceeding one hundred thousand yen, and if, in this case, the ship is owned or possessed by the master, the ship may be liable to forfeiture.
Article 23 shall be amended as follows:
Article 23.　In case of a violation of the provisions of Article 3 Article 6 or Article 6-2, the master shall be liable to penal servitude not exceeding two years or to a fine not exceeding one hundred thousand yen, and if, in this case, the ship is owned or possessed by the master, it shall be liable to forfeiture.
Article 25 shall be amended as follows:
Article 25.　Deleted.
In Articles 26 and 27, "five thousand yen" shall be amended as "fifty thousand yen" .
In Article 27-(2), "one thousand yen." shall be amended as "thirty thousand yen" .
Supplementary Provisions:
1.　This Law shall come into force as from the day of its promulgation.
2.　The provisions of Article 5-(2) paragraph 2, shall not apply to the date of the first inspection and verification after the enforcement of this Law, to be effected in accordance with the provision of Article 5-(2) paragraph 1.
Minister of Transportation　OYA Shinzo
Prime Minister　YOSHIDA Shigeru