I hereby promulgate the Law for Partial Amendments to the Marine Accidents Inquiry Law.
Signed:HIROHITO, Seal of the Emperor
This second day of the fourth month of the twenty-sixth year of Showa (April 2, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Marine Accidents Inquiry Law
The Marine Accidents Inquiry Law (Law No.135 of 1947) shall be partially amended as follows:
The following two paragraphs shall be added to Article 9-(2):
The Director of the High Marine Accidents Inquiry Agency shall be appointed by the Minister of Transportation from among the persons who have experience as a judge of the Marine Accidents Inquiry Agency.
The Chief Judge of the Local Marine Accidents Inquiry Agency shall be appointed by the Director of the High Marine Accidents Inquiry Agency from among judges of the Marine Accidents Inquiry Agency.
In Article 10 paragraph 3, "The Minister of Transportation" shall be amended as "The Director of the High Marine Accidents Inquiry Agency" .
In Article 11, "The judges of the Marine Accidents Inquiry Agency" shall be amended as "The judges (the Director of the High Marine Accidents Inquiry Agency and the judges of the Marine Accidents Inquiry Agency;hereinafter the same)" .
Article 12 shall be amended as follows:
In Article 13 paragraph 2, "the judges of the Marine Accidents Inquiry Agency" shall be amended as "the judges" .
The following one Article shall be added next to Article 13:
Article 13-(2). Each Marine Accidents Inquiry Agency shall have a bailiff or bailiffs and the bailiff shall be appointed by the Chief Judge of each Marine Accidents Inquiry Agency from among personnel of the Marine Accidents Inquiry Agency.
The bailiff shall maintain order in the court in accordance with the order of the judge.
Article 15 shall be amended as follows:
Article 15. The Local Marine Accidents Inquiry Agency shall conduct a trial in the first instance and the High Marine Accidents Inquiry Agency shall conduct a trial in the second instance.
Article 16 shall be amended as follows:
The Local Marine Accidents Inquiry Agency shall conduct trial by a collegiate body composed of three judges. However, with respect to simple cases, the Local Marine Accidents Inquiry Agency shall cause one judge to conduct trial at the request of the Commissioner as provided for by order.
The High Marine Accidents Inquiry Agency shall conduct trial by a collegiate body composed of five judges.
With respect to the cases as provided for in Article 14 paragraph 2, each Marine Accidents Inquiry Agency shall, in accordance with orders, conduct trial by a collegiate body composed of judges as provided for in the principal clause of paragraph 1 or paragraph 2 and two commissioned judges designated by the Chief Judge of each Marine Accidents Inquiry Agency.
In cases as provided for in the principal clause of paragraph 1, paragraph 2 and the preceding paragraph, one of the judges shall be the Chief Judge.
In Article 25, "the Court" shall be amended as "the Marine Accidents Inquiry Agency" .
In Article 29, "the Merchant Marine Safety Division of the Maritime Safety Agency" shall be amended as "the Marine Inspection Division of the Maritime Safety Agency" .
In Article 40 paragraph 3, "In addition to the provisions mentioned in the preceding paragraph, the Local Marine Accidents Inquiry Agency may examine evidence by the following methods:" shall be amended as "The Local Marine Accidents Inquiry Agency shall not examine evidence by any method other than the following prior to the day of the first trial:" and the following one paragraph shall be added next to the same paragraph and paragraph 2 of the same Article shall be deleted:
A Local Marine Accidents Inquiry Agency shall not make arrest, seizure, search, disposition by force with respect to a personal body, articles and location or cause others to do so, nor decide on a fine.
The following three Articles shall be added next to Article 40:
Article 40-(2). In case the Local Marine Accidents Inquiry Agency causes the witness to testify, the appraiser to appraise, the interpreter to interpret or the translator to translate in examining evidence under paragraph 1 of the preceding Article, these persons shall be caused to take an oath according to the procedures provided for by order. However, those persons provided for by order may not be caused to take an oath.
Article 40-(3). Facts shall be found on the basis of evidence examined at the day of trial.
Article 40-(4). The probative value of evidence shall be left to the free discretion of judges.
The following one paragraph shall be added to Article 46:
In case a person who is authorized to make an application for second instance under the provision of paragraph 1 or 2 failed to do so within the term provided for in the preceding paragraph owing to the cause for which he is not responsible, he may make the said application within seven days from the day when the said cause ceased to exist.
The following one paragraph shall be added next to Article 53 paragraph 2:
The term under the preceding paragraph shall be called the peremptory term.
In Article 54, "a Commissioner of the Marine Inspection Division, Maritime Safety Agency shall represent the High Marine Accidents Inquiry Agency" shall be amended as the Director of the High Marine Accidents Inquiry Agency shall be the defendant".
The following one paragraph shall be added to Article 64:
An appraiser, interpreter or translator may demand fees for his appraisal, interpretation or translation respectively as provided for by Cabinet Order.
In Article 65, "a Marine Court" shall be amended as "a Marine Accidents Inquiry Agency" .
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.