Law concerning Solatium for the Awa Maru Case
法令番号: 法律第223号
公布年月日: 昭和25年7月31日
法令の形式: 法律
I hereby promulgate the Law concerning Solatium for the Awa Maru Case.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the seventh month of the twenty-fifth year of Showa (July 31, 1950)
Prime Minister YOSHIDA Shigeru
Law No.223
Law concerning Solatium for the Awa Maru Case
(Purpose of this Law)
Article 1. The purpose of this Law is to provide for the payment of a solatium to the bereaved families of those who were on board the passenger and cargo boat Awa Maru on April 1, 1945 and who died on account of the sinking of the said vessel on the same day (hereinafter to be referred to as "deceased" ) and to the Nippon Yusen Kabushiki Kaisha, owner of the Awa Maru.
(Payment of Solatium to the Bereaved Family of the Deceased)
Article 2. A solatium shall be paid to the bereaved family of the deceased.
(Scope and Order of Bereaved Family to Receive the Payment of Solatium)
Article 3. The bereaved family of the deceased means the persons whose family relationship to the deceased as of April 1, 1945 was as mentioned in each of the following items, and their order to receive the payment of the solatium shall be in accordance with the order of the respective item. However, in the case where a person of the prior order has died after April 1, 1945, the other persons in. the same order or those in the subsequent order shall be the persons to receive the solatium:
(1) Spouses (including those who had not registered their marriage but whose relationship was virtually the same as marriage);
(2) Children;
(3) Parents;
(4) Grandchildren;
(5) Grandparents;
(6) Brothers and sisters.
(Amount of Solatium)
Article 4. The amount of the solatium shall be 70,000 yen for each of the deceased. However, in the case where one member of the bereaved family or two or more members thereof who are in the same order shall receive the payment of the solatium for two or more of the deceased, or where any of the members of the bereaved family who are in the same order to receive the payment of the solatium shall receive a solatium also for the deceased other than those deceased in regard to whom such members stand in the same order, the amount of the solatium for all of the deceased shall be, if the deceased are two,120,000 yen and, if they are three or more, it shall be 150,000 yen and these amounts divided by the number of the deceased shall be the amount of the solatium for each of the deceased.
(Payment of Solatium for Two or More Members of the Bereaved Family who are in the Same Order)
Article 5. In the case where there are two or more members of the bereaved family who are in the same order to receive the payment of the solatium for one of the deceased, the solatium for such deceased shall be divided equally and paid to these members of the bereaved family.
(Request for the Payment of Solatium)
Article 6. Those who desire to receive the payment of a solatium in accordance with the provisions of Article 2 to the preceding Article inclusive must request the Minister for Foreign Affairs for the payment of a solatium in accordance with the provisions of Ministry of Foreign Affairs Ordinance not later than January 31, 1951, accompanying papers to prove that they are the persons to whom the solatium as provided for in this Law is payable and a written statement of whether there is a person of the same order and if so, the name of such person.
2 The Minister for Foreign Affairs shall, in the case where he has received the request mentioned in the preceding paragraph and found by the accompaniments mentioned in the same paragraph that there is a person in the same order as the person who has made the request, notify without delay the person in the same order that the request for the payment of the solatium has been made.
3 In the case where there are two or more persons in the same order, the solatium may be paid in full to the person who has made the request mentioned in paragraph 1.
4 No solatium shall be paid to those who have not requested for the payment of a solatium within the period mentioned in paragraph 1.
(Payment of Solatium to Nippon Yusen Kabushiki Kaisha)
Article 7. A solatium of 17,843,000 yen shall be paid to the Nippon Yusen Kabushiki Kaisha.
Supplementary Provision:
This Law shall come into force as from August 1, 1950.
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru