Law for Partial Amendments to the Maritime Safety Agency Law
法令番号: 法律第198号
公布年月日: 昭和25年5月23日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Maritime Safety Agency Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-third day of the fifth month of the twenty-fifth year of Showa (May 23, 1950)
Prime Minister　YOSHIDA Shigeru
Law No.198
Law for Partial Amendments to the Maritime Safety Agency Law
The Maritime Safety Agency Law (Law No.28 of 1948) shall be partially amended as follows:
In Article 2 paragraph 1, "the enforcement of Laws and orders pertaining to safety of vessels" shall be amended as "the enforcement of laws and orders at sea, the inspection partaining to safety of vessels" , and "request for trial of the Marine Accident Inquiry Agency and execution of the decision of the Marine Accident Inquiry Agency" shall be added next to "navigational aids," .
Article 5 and Article 6 shall be amended as follows:
Article 5.　There shall be established in the Maritime Safety Agency the following six Divisions:
Administration Division
Ship Division
Coast Guard Division
Marine Inspection Division
Hydrographic Division
Navigation Aids Division
Article 6.　The Administration Division shall perform the following functions:
(1)　Confidential matters;
(2)　Custody of the Director's and Agency's official seals;
(3)　Receipt, despatch, compilation and custody of official documents;
(4)　Classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty, other personnel affairs, and their refinement and discipline;
(5)　Health and medical treatment of personnel and other welfare matters;
(6)　Reviewing of draft of laws and orders and coordination of other matters;
(7)　Establishment, abolishment and subdivision of Divisions and Sections;
(8)　Administrative investigation;
(9)　Investigation and arrangement of statistics;
(10)　Budget estimates for expenditures and revenues, settlement of accounts, accounts and audits thereof;
(11)　Control of State property and articles;
(12)　Liaison businesses;
(13)　Dissemination of informations;
(14)　In addition to the matters enumerated in the preceding items such functions of the Maritime Safety Agency as are not under the jurisdiction of other Divisions and organs.
The following one Article shall be added next to Article 6:
Article 6-(2).　The Ship Division shall perform the following functions:
(1)　Planning and coordination of technical matters as to Maritime Safety Agency vessels;
(2)　Building and maintenance of Maritime Safety Agency vessels.
Article 7 shall be amended as follows:
Article 7.　The Coast Guard Division shall perform the following functions:
(1)　Enforcement of laws and orders at sea;
(2)　Rescue of human life, cargo and vessel in marine accidents and assistance in case of natural calamities and other events where aid and rescure are required;
(3)　Removal of menace to navigation of vessels;
(4)　Supervision over those, other than Maritime Safety Agency, who are engaged in the service of rescuing human life, cargo and vessel at sea, and who are engaged in removal of menace to navigation of vessels;
(5)　Supervision necessary at sea for keeping safety over those engaged in maritime transportation business for passengers and cargoes;
(6)　Rules for sailing and signals for navigation of vessels;
(7)　Patrol of coastal waters;
(8)　Prevention and suppression of riots and disturbances at sea;
(9)　Search for and arrest of law-violators at sea;
(10)　Planning and operation of Maritime Safety Agency vessels to be used for accomplishment of the function prescribed in each of the preceding items;
(11)　Construction, preservation and operation of communication facilities to be used by the Maritime Safety Agency;
(12)　Cooperation, mutual assistance and liaison between Maritime Safety Agency and the National Rural Police and Police of Autonomous Entity (hereinafter referred to as "the police authorities" ), customs, quarantine stations or other administrative authorities concerned.
In Article 7-(2), "The Merchant Marine Safety Division" shall be amended as"The Marine Inspection Division;item (5) of the same Article shall be deleted;item (6) shall be made item (5) and the numbering of the succeeding items shall be moved up by one.
The following one item shall be added next to Article 8:
(5)　Planning and operation of Maritime Safety Agency vessels to be used for accomplishment of the function prescribed in each of the preceding items.
The following one item shall be added to Article 9:
(4)　Planning and operation of Maritime Safety Agency vessels to be used for accomplishment of the function prescribed in each of the preceding items.
In Article 11 paragraph 1, "an Assistant Director" shall be amended as "an Assistant Director and an Assistant Director for Coast Guard" and in paragraph 2 of the same Article, "Agency affairs" shall be amended as "Agency affairs (excluding those under the jurisdiction of the Administration Division)" , and next to the same Article shall be added the following one paragraph:
The Assistant Director for Coast Guard shall assist the Director and preside over the affairs of the Ship Division and Coast Guard Division.
Article 12 shall be amended as follows:
Article 12.　The Regional Maritime Safety Headquarters shall be established within each Maritime Safety jurisdictional area dividing the whole country into nine such areas and shall take charge of a part of the functions of the Maritime Safety Agency.
The bounds and names of the Maritime Safety jurisdictional areas and the location and name of the Regional Maritime Safety Headquarters shall be as enumerated in the Annexed Table.
The following one Article shall be added next to Article 12:
Article 12-(2).　There shall be established at the Regional Maritime Safety Headquarters the following six Divisions;provided that the number of such Division may, as occasion arises, be reduced in accordance with the provisions determined by the Minister of Transportation:
Administration Division
Ship Division
Coast Guard Division
Marine Inspection Division
Hydrographic Division
Navigation Aids Division
In addition to those prescribed in the preceding paragraph the matters concerning the internal organization of the Regional Maritime Safety Headquarters shall be fixed by Ministry of Transportation Ordinance.
Article 13 shall be amended as follows:
Article 13.　The Minister of Transportation may establish the Maritime Safety Base or other offices at necessary places for the purpose of charging them with a part of the functions of the Regional Maritime Safety Headquarters. The name, location, jurisdictional area, scope of functions and the internal organization of such Maritime Safety offices shall be fixed by Ministry of Transportation Ordinance.
Article 16 shall be amended as follows:
Article 16.　The Maritime Safety Official may, when he deems it necessary for the performance of his duties as referred to in Article 7 item (1) or for the arrest of a criminal, or in time of emergency, call upon the persons or vessels nearby for cooperation.
Article 20 shall be amended as follows:
Article 20.　With regard to the use of arms by the Maritime Safety Official, the provisions of Article 7 of the Law concerning the Execution of Duties of Police Officials (Law No.136 of 1948) shall apply mutatis mutandis.
In Article 22 paragraph 2, "item (7)" shall be made "item (6)" .
In Article 26 paragraph 3, "The Central and Local Maritime Safety Advisory Committees" shall be amended as "The Maritime Safety Council" , and paragraph 2 of the same Article shall be deleted.
Article 32 shall be amended as follows:
Article 32.　No vessel other than those of the Maritime Safety Agency shall hold or hoist any marking or Maritime Safety Agency flag prescribed in Article 4 paragraph 3, or any such marking or flag as mistakable for that of Maritime Safety Agency.
The following one paragraph shall be added next to Article 33:
The provision of the classification of personnel in the preceding paragraph shall lose its validity on the day when the classification of personnel is fixed in accordance with the Law concerning the Position Classification Plan for the National Public Servants.
In Article 35 paragraph 2, "the Patrol and Rescue Division" shall be amended as "the Ship Division" .
The following two Articles shall be added next to Article 35:
Article 35-(2).　The Maritime Safety Agency shall have the Fairway Safety Office.
The Fairway Safety Office shall be an organ for removal and disposition of mines and other obstacles to navigation.
The name, location and internal organization of the Fairway Safety Office shall be fixed by Maritime Safety Agency Order.
Article 35-(3).　The number of personnel to be stationed for performing the functions prescribed in Article 35 paragraph 1 and personnel to be stationed at the Fairway Safety Office shall not be included in the total number of personnel stipulated in Article 3 paragraph 2.
The following Annexed Table shall be added next to Article 43:
(Annexed Table)
Maritime Safety Jurisdictional
Area Name of Area
Location of Regional Maritime Safety Headquarters
Name of Regional Maritime Safety Headquarters
Area of Hokkaido and its coastal waters
1st Maritime Safety Jurisdictional Area
Otaru City
1st Regional Maritime Safety Headquarters
Area of Miyagi, Fukushima, Iwate, Aomori, Akita and Yamagata Prefectures and their coastal waters
2nd Maritime Safety Jurisdictional Area
Shiogama City
2nd Regional Maritime Safety Headquarters
Area of Tokyo-To, Chiba, Ibaragi, Tochigi, Saitama, Gumma, Kanagawa, Yamanashi and Shizuoka Prefectures and their coastal waters
3rd Maritime Safety Jurisdictional Area
Yokohama City
3rd Regional Maritime Safety Headquarters
Area of Aichi, Gifu and Mie Prefectures and their coastal waters
4th Maritime Safety Jurisdictional Area
Nagoya City
4th Regional Maritime Safety Headquarters
Area of Osaka-Fu, Shiga, Nara, Wakayama, Hyogo (excluding Toyooka City, Kinosaki-gun, Mikata-gun and Izushi-gun), Tokushima and Kochi Prefectures and their coastal waters
5th Maritime Safety Jurisdictional Area
Kobe City
5th Regional Maritime Safety Headquarters
Area of Hiroshima, Okayama, Yamaguchi (excluding Yamaguchi City, Shimonoseki City Onoda City, Hagi City, Ube City, Miya-gun, Abugun, Asa-gun, Otsu-gun and Toyoura-gun), Kagawa and Ehime Prefectures and their coastal waters
6th Maritime Safety Jurisdictional Area
Hiroshima City
6th Regional Maritime Safety Headquarters
Area of Fukuoka, Yamaguchi (only Yamaguchi City, Shimonoseki City, Onoda City, Hagi City, Ube City, Miya-gun, Abu-gun, Asa-gun, Otsugun and Toyoura-gun), Oita, Saga, Nagasaki, Kumamoto, Kagoshima, and Miyazaki Prefectures and their coastal waters
7th Maritime Safety Jurisdictional Area
Moji City
7th Regional Maritime Safety Headquaters
Area of Kyoto-Fu, Fukui, Hyogo (only Toyooka City, Kinosaki-gun, Mikata-gun and Izushigun), Shimane and Tottori Prefectures and their coastal waters 8th Maritime Safety Jurisdictional Area Maisuru City
8th Regional Maritime Safety Headquarters
Area of Niigata, Nagano Toyama and Ishikawa Prefectures and their coastal waters
9th Maritime Safety Jurisdictional Area
Niigata City
9th Regional Maritime Safety Headquarters
Supplementary Provisions:
1.　This Law shall come into force as from June 1, 1950.
2.　The Marine Pilot Law (Law No.121 of 1949) shall be partially amended as follows:
In Article 26, "Maritime Safety Headquarters, Maritime Safety Local Headquarters, Maritime Safety Station or Port-Captain's Office (hereinafter referred to as" Maritime Safety Office ") shall be amended as" Maritime Safety Base or other offices of Regional Maritime Safety Headquarters (hereinafter referred to as "Office of Regional Maritime Safety Headquarters" )".
In Article 27 and Article 28, "Maritime Safet Offices" shall be amended as "offices of Regional Maritime Safety Headquarters" .
3.　The Navigational Aids Law (Law No.99 of 1949) shall be partially amended as follows:
In Article 7, "Local office of the Board" shall be amended as "Regional Maritime Safety Headquarters or its offices" .
4.　The Port Regulations Law (Law No.174 of 1948) shall be partially amended as follows:
In Article 25, "the, Chief of a nearby Maritime Safety Headquarters, Maritime Safety Local Headquarters or Maritime Safety Station" shall be amended as "the Chief of a nearby Maritime Safety Base or other office of the Regional Maritime Safety Headquarters" .
In Article 37-(2), "the Chief of the Maritime Safety Headquarters" shall be amended as "the Chief of the Maritime Safety Base" .
5.　The Marine Accident Inquiry Law (Law No.135 of 1947) shall be partially amended as follows:
In Article 28, "the Office of the Maritime Safety Agency as provided for in Article 12 of the Maritime Safety Agency Law (hereinafter referred to as the offices of the Maritime Safety Agency)" shall be amended as "the Regional Maritime Safety Headquarters or its office" .
In Article 30, "the Office of the Maritime Safety Agency" and in Article 58, "those offices of the Maritime Safety Agency" shall be amended as "the Regional Maritime Safety Headquarters or its offices" .
In Article 54 and Article 58, "the Merchant Marine Safety Division of the Maritime Safety Agency" shall be amended as "the Marine Inspection Division of the Maritime Safety Agency" .
Minister of Transportation　OYA Shinzo
Prime Minister　YOSHIDA Shigeru