Law for Partial Amendments to the Police Law
法令番号: 法律第233号
公布年月日: 昭和26年6月12日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Police Law.
Signed:HIROHITO, Seal of the Emperor
This twelfth day of the sixth month of the twenty-sixth year of Showa (June 12, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.233
Law for Partial Amendments to the Police Law
The Police Law (Law No.196 of 1947) shall be partially amended as follows:
"Chiefs of Police of To, Do and Prefectures" shall be amended as "Troop Commanders" .
Next to Article 15 shall be added the following one Article:
Article 15-(2).　The ranks of police personnel of the National Rural Police shall be Director-General, Assistant Director-General, Chief Superintendent, Senior Superintendent, Superintendent, Inspector, Assistant Inspector, Sergeant and Policeman (junsa).
Police personnel shall take charge of police affairs subject to the direction and supervision of their superiors.
Persons who have not finished the course of basic police training shall not be placed on duty as police personnel of the National Rural Police.
Necessary matters concerning the oath, training and education, formality and uniform of police personnel shall be determined by the National Public Safety Commission.
The following one paragraph shall be added to Article 19:
The police personnel who are in the Regional Police Schools and the Police College may be kept outside of the authorized strength under Article 4 paragraph 1 within the limit of 5,000.
Article 20 paragraph 1 shall be amended as follows:
There shall be established under the jurisdiction of the Governor of To or Prefecture one Public Safety Commission of To or Prefecture. In Hokkaido, there may be established under the jurisdiction of the Governor of Do not more than fourteen (14) Public Safety Commissions of Do in the administrative sub-division as may be determined by the National Public Safety Commission, hearing the opinion of the Governor of Do.
Next to Article 20 shall be added the following one Article:
Article 20-(2).　The Governor of To, Do or Prefecture may, when it is deemed that there is an unavoidable reason in connection with cases important for the maintenance of peace and order, request the Public Safety Commission of that To, Do or Prefecture to have the National Rural Police deal with the cases concerned within the jurisdictional area of the police of city, town or village in the area of To, Do or Prefecture concerned.
When the request provided for in the preceding paragraph has been made, the Public Safety Commission of To, Do or Prefecture shall have the National Rural Police of To, Do or Prefecture concerned deal with the cases concerned. In this instance, the National Rural Police may exercise its authority outside of its jurisdiction irrespective of the provisions of Article 27.
In the case of the preceding paragraph, when the police of city, town or village receives the notification of the handling of the cases from the National Rural Police, the police of city, town or village concerned shall be under the operational control of the Public Safety Commission of To, Do or Prefecture concerned in regard to the disposal of such cases.
The Public Safety Commission of To, Do or Prefecture may recommend the Governor of To, Do or Prefecture to take measures provided for in paragraph 1.
The Governor of To, Do or Prefecture must, when he has made the request provided for in paragraph 1, report it to the Assembly of To, Do or Prefecture immediately after the disposal of the case has been completed.
In Article 21 paragraph 2, "who have not been in the police service or have not the career of public servants in the Government or public offices" shall be amended as "who have not been in the police service or in the service of the public procurator's office, or in the former career of military or naval service, or who have not the career of public servants in the Government or public offices during ten (10) years preceding their appointment."
To the non-itemized part of Article 24 paragraph 1, the following proviso shall be added:
However, in the case of item 2, a member of the Commission, even though he loses the right to be elected due to the change of his residence, shall not be dismissed for that reason if his residence is still in the area of the same To, Do or Prefecture.
Article 30 shall be amended as follows:
Article 30.　There shall be appointed Troop Commanders in the National Rural Police of To, Do and Prefectures.
The Troop Commanders shall be appointed, and dismissed for cause, by the Directors of the Headquarters of Police Regions with the consent of the Director-General of the Headquarters of the National Rural Police, in accordance with the provisions of the National Public Service Law.
The Troop Commanders shall deal with the affairs of the Headquarters of the National Rural Police of To, Do and Prefectures.
In Article 35 paragraph 1, "police personnel who are Superintendents, Inspectors, Assistant Inspectors, Sergeants and Policemen, and other necessary personnel, in addition to the Chief of Police" shall be amended as "police personnel and other necessary personnel, in addition to the Troop Commander" , and paragraphs 2 and 3 of the same Article shall be deleted.
In Article 36 paragraph 1, "preceding Article paragraph 1" shall be amended as "preceding Article" , and the proviso to the same paragraph and paragraph 2 of the same Article shall be deleted.
In Article 40 paragraph 1, "(hereinafter called cities, towns and villages)" shall be deleted, and the following one paragraph shall be added to the same Article:
Towns or villages which have been given public notice in accordance with the provisions of the preceding paragraph may not maintain the police or may re-establish it after they have decided not to maintan it, in accordance with the plebiscite, irrespective of the provisions of paragraph 1.
Next to Article 40 shall be added the following two Articles:
Article 40-(2).　Any town or village other than any town or village which has been given public notice in accordance with the provision of the preceding Article paragraph 2, which is bordering to the city and has close connection with the city concerned with respect to the maintenance of public order, may, through plebiscite, maintain the police in conjunction with the city concerned organizing association under the provision of the Local Autonomy Law.
The town or village which is empowered to maintain the police in conjunction under the provision of the preceding paragraph shall be notified by Cabinet Order.
With respect to the plebiscite under paragraph 1, the provision of Article 40-(3)(excluding paragraphs 8 and 12) shall apply mutatis mutandis.
The town or village which has determined to maintain the police in conjunction may determine to cease to maintain the police through plebiscite. In this case, the provision of Article 40-(3) shall apply mutatis mutandis.
Article 40-(3).　The plebiscite provided for in paragraph 3 of the preceding Article shall be carried out, when the town or village assemblies have resolved that whether the police should not be maintained or whether it should be re-established should be referred to the plebiscite, or when the representatives of the inhabitants of the towns or villages who have the right to elect the members of town or village assemblies demand it to the election administration commissions of the towns or villages concerned with a joint signature of one-third (1/3) or more of the inhabitants.
When the resolution under the provisions of the preceding paragraph has been made, the chairmen of the town or village assemblies shall so notify to the election administration commissions of the towns or villages within three (3) days from the date of the resolution.
The election administration commissions shall take the vote of the persons of the towns or villages who have the right to elect, within sixty (60) days from the date on which they have received the notification of the resolution provided for in the preceding paragraph or on which they have received the demand for the plebiscite provided for in paragraph 1.
When the result of the vote mentioned in the preceding paragraph has become known, the election administration commissions shall notify it immediately to the chairmen of the town or village assemblies concerned or the representatives concerned and the headman of town or village concerned, and also make it public.
When the agreement of the majority of the effective vote under tho provisions of paragrapn 3 has been obtained, the town or village concerned shall be regarded as having decided not to maintain the police or to re-establish it.
When the decision under with the provisions of the preceding paragraph has been made, the headman of town or village concerned must report it to the Prime Minister through the National Public Safety Commission.
When the report mentioned in the preceding paragraph has been received, the Prime Minister must give it public notice in the Official Gazette.
In regard to the towns or villages which have submitted the report under the provisions of paragraph 6 by October 31, the transfer of the responsibility for the maintenance of the police shall be effected on April 1 of the following year.
The resolution of the town or village assemblies or the demand of the representatives under the provisions of paragraph 1 shall not be made during two (2) years from the date on which the vote has been carried out in accordance with the provisions of paragraph 3.
Unless otherwise provided for by Cabinet Order, the provisions of Articles 74-(2) to 74-(4) of the Local Autonomy Law (Law No.67 of 1947) shall apply mutatis mutandis to the signature of demandants under the provisions of paragraph 1;the provisions concerning the election of ordinary local public bodies in the Public Offices Election Law (Law No.100 of 1950), to the vote under the provisions of paragraph 3;and the provisions of Article 255-(2) of the Local Autonomy Law, to the signature of the demandants under the provisions of paragraph 1 and to litigations relating to the vote under the provisions of paragraph 3.
The vote provided for in paragraph 3 may, as provided for by Cabinet Order, be carried out at the same time with the election of ordinary local public bodies, or with the vote for dissolution under the provisions of Article 76 paragraph 3 of the Local Autonomy Law, or with the vote for dismissal under the provisions of Article 80 paragraph 3 and Article 81 paragraph 2 of the same Law.
When any of the towns and villages which organize a city, town and village association for the joint administration of the police affairs has decided not to maintain the police by the vote under the provisions of paragraph 3, that town or village shall cease to maintain the police irrespective of the provisions of Article 286 or 288 of the Local Autonomy Law. The matters necessary for the measures in this case shall be provided for by Cabinet Order.
In Article 43, "the mayors of cities and headmen of towns and villages" shall be amended as "the mayors of cities, and headmen of towns and villages, with regard to cities, and towns and villages which maintain the police (hereinafter called cities, towns and villages)."
In Article 46 paragraph 2, "Article 35 paragraphs 2 and 3" shall be amended as "Article 15-(2) paragraphs 1 and 2" , and paragraph 3 of the same Article shall be amended as follows:
The fixed number of police personnel of cities, towns and villages shall be determined by each city, town or village by by-law in accordance with local requirements.
In Article 50 paragraph 2, "Article 36 paragraph 2" shall be amended as "Article 15-(2) paragraph 4."
Next to Article 54 shall be added the following one Article:
Article 54-(2).　The National Rural Police and the police of cities, towns and villages, and the police of cities, towns and villages among themselves shall mutually exchange criminal information.
At the end of Article 55 shall be added the following part:
The police personnel of cities, towns and villages also may, at the request for assistance of the Public Safety Commission of To, Do or Prefecture or the Public Safety Commission of other city, town or village, exercise their authority in the area under the jurisdiction of the Public Safety Commission which has made the request for assistance, under the operational control of the Public Safety Commission concerned. In this case, when the Public Safety Commission of city, town or village intends to request the police of other city, town or village for assistance, it must communicate necessary matters to the National Rural Police in advance.
Next to Article 55 shall be added the following one Article:
Article 55-(2.)　In cases where police personnel of the National Rural Police have extended their assistance at the request of the police of city, town or village, the expenditures for the assistance shall be borne by the National Treasury.
In cases where police personnel of city, town or village have extended their assistance outside its areas to the National Rural Police or to the police of city, town or village, at the request of the National Rural Police, the expenditures directly needed for the assistance shall be borne by the National Treasury.
In the case of the preceding paragraph, when police personnel of city, town or village have been injured or incurred disease in course of duty, or have retired from service or died while in service on account of such injury, they shall be regarded as having preformed their duty as police personnel of the National Rural Police, and shall be compensated in accordance with the provisions of the laws applicable to the compensation to the national public service personnel for accidents in course of duty. However, when the benefit relating to the compensation for accidents in course of duty given by the city, town or village concerned exceeds the amount under the provisions of the laws applicable to the compensation to the national public service personnel for accidents in course of duty, the victims or their bereaved families shall not be prevented from receiving the payment of the balance from the city, town or village concerned.
In Article 58, "With regard to specific individual cases of criminal operations which have been conducted within the area under their jurisdiction (including here and hereinafter in this Article an area within five hundred meters outside of the boundaries of their jurisdiction) or originated in, or extended into, the area under their jurisdiction" shall be amended as "with regard to crimes, or crimes connected which have been conducted within the area under their jurisdiction (including here and hereinafter in this Article an area within five hundred meters outside of the boundaries of their jurisdiction) or originated in, or extended into, the area under their jurisdiction, or the crimes connected with the foregoing crimes" , and the following one paragraph shall be added to the same Article:
In the case of the preceding paragraph, the National Rural Police and the police of cities, towns and villages must, as a matter of principle, notify in advance to the police having jurisdiction over the area to which they extend their authority in accordance with the provisions of the same paragraph and maintain close liaison with the police concerned with regard to the exercise of their authority.
The following two paragraphs shall be added to Article 64:
In the case of the latter part of the preceding Article or in the case of the preceding paragraph, when police personnel of city, town or village have performed duty outside the area of each city, town or village, the expenditures directly needed for the carrying out of their duty shall be borne by the National Treasury.
The provisions of Article 55-(2) paragraph 3 shall apply mutatis mutandis when, in the case of the preceding paragraph, police personnel of city, town or village have been injured or incurs disease in course of duty, or have retired from service or died while in service on account of such injury or disease.
Next to Article 67 shall be added the following two Articles:
Article 67-(2).　In cases where the area which is under the jurisdiction of the National Rural Police becomes the area under the jurisdiction of the police of city, town or village, the State property (meaning the property listed in each item of Article 2 paragraph 1 of the State Property Law (Law No.73 of 1948);hereinafter the same in this Article), and the goods which are being used solely for the police within the area concerned as of that date and which are unnecessary for the Notional Rural Police but necessary for the city, town or village concerned to maintain the police, shall be transferred without compensation by the State to the city, town or village concerned. However, land ownership shall not be transferred, and the police of the city, town or village concerned may use it without compensation.
In cases where cities, towns and villages have ceased to maintain the police, the property and goods owned by the city, town or village concerned which are being used solely for the police as of that date and which are unnecessary for the city, town or village concerned but necessary for the National Rural Police shall be transferred without compensation to the State by the city, town or village concerned. However, land ownership shall not be transferred, and the National Rural Police may use it without compensation.
The building of the State or the local public body which is used wtihin the area concerned by the National Rural Police or the police of city, town or village concerned in common with other agency as of the date on which the responsibility of the National Rural Police or the police of city, town or village has been transferred may be used without compensation by the police of city, town or village concerned or the National Rural Police according to the instances of the preceding two paragraphs.
When there is a liability pertaining to the property to be acquired by cities, towns and villages, or by the State in accordance with the provisions of paragraph 1 or 2, its disposal shall be decided by mutual consultation.
When there is a dispute over the application of the provisions of the preceding paragraphs, it shall be decided by the Prime Minister on the application of the Director-General of the Headquarters of the National Rural Police, or the mayors of cities, headmen of towns and villages.
Article 67-(3).　In cases where the town or village which maintains the police has ceased to maintain the police, the number of police personnel of that town or village as of the date on which it has ceased to maintain the police may be kept as the police personnel of the National Rural Police outside of the authorized strength under Article 4 paragraph 1.
In the principal provisions, next to Article 68 shall be added the following one Article:
Article 69.　The extent of the expenditures to be borne by the National Treasury under the provisions of Article 55-(2) paragraph 2 and Article 64 paragraph 3 shall be as follows:
(1)　Travelling expenses (amount calculated in accordance with the instances of payment of travelling expenses for the police personnel of the National Rural Police);
(2)　Charge for hiring transportation facilities;
(3)　Expenses for fuel of transportation facilities;
(4)　Rent for the buildings, utensils and articles borrowed (if travelling expenses have been paid, the amount excluding rent for the facilities and bedding required for billeting);
(5)　Costs of various supplies consumed for the performance of duty;
(6)　Expenses for repair of the damaged part of transportation facilities, buildings, utensils and articles caused directly attributable to the dispatching of police personnel.
In Article 7 paragraph 2 item 4 of the Supplementary Provisions, "mentioned in the proviso, sentence 3 of Article 46 paragraph 3" shall be deleted, and in paragraph 6 of the same Article, "Article 19 paragraph 1" shall be amended as "Article 19."
Article 9 of the Supplementary Provisions shall be amended as follows:
Article 9.　Deleted.
Supplementary Provisions:
1　This Law shall come into force as from the day of its promulgation.
2　Until the measures for establishing the Public Safety Commissions in accordance with the provisions of the latter part of Article 20 paragraph 1 of the Police Law have been completed, the Public Safety Commission of Hokkaido which actually exists at the time of enforcement of this Law shall continue to exist and function as the Public Safety Commissions of Do provided for in the same paragraph.
3　In cases where the report provided for in Article 40-(3) paragraph 6 of the Police Law has been submitted by September 30, 1951, the transfer of the responsibility for the maintenance of the police shall be effected on October 1 of the same year, irrespective of the provisions of paragraph 8 of the same Article.
4　In cases where a person who is a member of the personnel of the police of city, town or village has consecutively become a member of the personnel of the National Rural Police who is a public official provided for in Article 19 of the Pension Law (Law No.48 of 1923), on account of the decision of the city, town or village having decided not to maintain the police, and if he does not receive separation benefits under the provisions of the by-law of city, town or village, concerning the separation annuities he shall be regarded as having been in service as a public official provided for in the same Article during the term of his consecutive service as a member of the personnel of the police of city, town or village, for purposes of application of the provisions of the same Law. In this case, the provisions of Article 7 paragraph 2 of the Supplementary Provisions of the Police Law shall apply mutatis mutandis to the extent of the personnel of the police of city, town or village concerned, and the provisions of paragraph 3 of the same Article to the classification in the case of being regarded as a public official provided for in Article 19 of the Pension Law.
5　The Economic Investigation Agency Law (Law No.206 of 1948) shall be partially amended as follows:
In Article 30, "Chiefs of Police of To, Do and Prefectures" shall be amended as "Troop Commanders of the National Rural Police of To, Do and Prefectures."
6　The Second-hand Business Law (Law No.108 of 1949) shall be partially amended as follows:
In Article 20, "Chiefs of Police" shall be amended as "Troop Commanders of the National Rural Police of To, Do and Prefectures, and Chiefs of Police of cities, towns and villages."
7　The Pawnbroker Business Law (Law No.158 of 1950) shall be partially amended as follows:
In Article 21, "Chiefs of Police" shall be amended as "Troop Commanders of the National Rural Police of To, Do and Prefectures, and Chiefs of Police of cities, towns and villages."
8　The Law for the Fixed Number of Personnel in the Administrative Organs (Law No.126 of 1949) shall be partially amended as follows:
The following two paragraphs shall be added to Article 2:
5　The police personnel of the National Rural Police who are in the Regional Police Schools and the Police College may be kept outside of the fixed number of the personnel provided for in paragraph 1, within the limit of 5,000.
6　In cases where the town or village which maintains the police has ceased to maintain the police, the police personnel of the town or village concerned may be kept as personnel of the National Rural Police within the limit of budgetary appropriations, irrespective of the provisions of paragraph 1, and the authorized strength of the personnel in this case shall be decided by Cabinet Order.
Prime Minister　YOSHIDA Shigeru
Minister of Finance　IKEDA Hayato