Law for Partial Amendments to the Marine Transportation Law, etc.
法令番号: 法律第153号
公布年月日: 昭和25年5月4日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Marine Transportation Law, etc.
Signed:HIROHITO, Seal of the Emperor
This fourth day of the fifth month of the twenty-fifth year of Showa (May 4, 1950)
Prime Minister YOSHIDA Shigeru
Law No.153
Law for Partial Amendments to the Marine Transportation Law, etc.
Article 1. The Marine Transportation Law (Law No.187 of 1949) shall be partially amended as follows:
The following two Articles shall be added next to Article 42:
(Overseas Liner Service Enterprise)
Article 42-(2). The provisions of Articles 3 to 20 inclusive, Articles 22, 26 and 27 shall not apply to any liner service enterprise which operates on a definite route sailingfrom a port in Japan (Japan meaning Honshu, Hokkaido, Shikoku, Kyushu and their insular appendices which will be specified in an Ordinance;hereinafter the same) to a port in areas outside Japan.
2 Any person who carries out the liner service enterprise as referred to in the preceding paragraph shall report of the commencement or discontinuance of his business on each route to the Minister of Transportation, within thirty days from the day thereof, according to the procedures set forth in a Ministerial Ordinance.
(Exemption of Foreign Nationals from Application of Law)
Article 42-(3). The provisions of this Law, except those of Articles 28 to 31 inclusive, shall not apply to the case where any person who has no Japanese nationality or who is neither a juridical person nor other organization, respectively established under the Japanese laws and ordinances, carries out the marine transportation business.
The following the Articles shall be added next to Article 44:
(Permmission for Taking Over of, and Other Actions on, Vessel)
Article 44-(2). In case any person who has the Japanese nationality, or any juridical person or other organization which has been established under the Japanese laws and ordinances intends to take over or take on lease a vessel owned by any person who has no Japanese nationality or who is neither a juridical person nor other organization, respectively established under the Japanese laws and ordinances, the same shall obtain a permission from the Minister of Transportation.
2 The Minister of Transportation shall permit any application for the permission referred to in the preceding paragraph, unless the supply of shipping bottoms will come to remarkably exceed the demand therefor, and also the development of the shipping industry will come to be remarkably hampered, as a result of granting the permission.
(Permission for Transfer of, and Other Actions on, Vessel)
Article 44-(3). In case any person who has the Japanese nationality or any juridical person or other organization which has been established under the Japanese laws and ordinances intends to transfer or lease a vessel which the same owns to any person who has no Japanese nationality or who is neither a juridical person nor other organization respectively established under the Japanese laws and ordinances, the same shall obtain a permission from the Minister of Transportation.
2 The Minister of Transportation shall permit any application for the permission, referred to in the preceding paragraph, unless the supply of shipping bottoms will become remarkably short of the demand therefor, and also the development of the shipping industry will come to be remarkably hampered, as a result of granting the permission.
3 Any person who has obtained the permission in accordance with the provision of paragraph 1 shall not be required to obtain the permision from the Minister of Transportation as provided for in Article 2 of the Ordinance concerning Restriction on Navigation, etc.(Ministry of Transportation Ordinance No.40 of 1445).
The following one Article shall be added next to Article 47:
Article 47-(2). Any person who has performed without permission an action for which the permission is required under the provisions of Article 44-(2) paragraph 1 or Article 44-(3) paragraph 1, shall be liable to a fine not exceeding one hundred thousand yen.
In Article 49, "Article 23 or 24 (including the case application mutatis mutandis of the respective provisions under Article 33)" shall be amended as "Articles 23 and 24 (including the case of application mutatis mutandis of these Articles under Article 33), or Article 42-(2) paragraph 2."
Article 2. The Provisional Ship Administration Law (Law No.93 of 1937) shall be partially amended as follows:
Article 4 shall be amended as follows:
Article 4. Deleted.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation.
2. In the provision of Article 44-(2) paragraph 1, the portion regarding permission for lease of vessel shall be null and void after the lapse of one year from the day of enforcement of this Law;provided that in so far as the application of the penal provisions to the acts which have been committed before that day is concerned, the said portion shall still remain effective.
Ministry of Transportation OYA Shinzo
Prime Minister YOSHIDA Shigeru