I hereby promulgate the Law for Review of Decisions of Prize Courts.
Signed:HIROHITO, Seal of the Emperor
This first day of the fourth month of the twenty-seventh year of Showa (April 1, 1952)
Prime Minister YOSHIDA Shigeru
Law for Review of Decisions of Prize Courts
Contents
Chapter I General Provisions(Articles 1･2)
Chapter II Prize Courts'Decisions Review Commission(Articles 3-10)
Chapter III Review(Articles 11-17)
Chapter IV Penal Provision(Article 18)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to review in conformity with international law, upon the request of the Allied Powers, any decision of the Prize Court or High Prize Court (hereinafter referred to as the "Prize Courts" ) based upon the former Prize Inquiry Ordinance (Imperial Ordinance No.149 of 1894) in cases involving ownership of nationals of that Allied Power so that Japan may discharge the obligations as prescribed in Article 17 paragraph (a) of the Treaty of Peace with Japan.
(Definition)
Article 2. The term "Allied Powers" as used in this Law shall mean the Allied Powers as provided for in Article 25 of the Treaty of Peace with Japan.
2 The term "nationals of the Allied Powers" as used in this Law shall mean any of the following items:
(1) Persons who have the nationality of any of the Allied Powers;
(2) Corporations or other associations which have been established under laws and regulations of any of the Allied Powers;
(3) Other than those mentioned in the preceding item, corporations or other associations, which have been established for profit and whose stocks or holdings have wholly been held by the aforesaid persons, corporations or other associations mentioned in each of the preceding items or in this item (except those held by the officers of the said corporations or other associations on the account of those persons, corporations or other associations as mentioned in each of the preceding items or in this item), or corporations or other associations for non-profit purpose which are under the control of those persons, corporations or other associations as referred to in each of the preceding items or in this item.
CHAPTER II Prize Courts'Decisions Review Commission
(Establishment of Commission)
Article 3. The Prize Courts'Decisions Review Commission (hereinafter referred to as the "Commission" ) shall be established within the Ministry of Transportation as an external organ.
2 The Commission shall be an organ to review, upon the request of the Allied Powers, any prize decision given by the Prize Courts in eases involving ownership of nationals of the Allied Power concerned (hereinafter referred to simply ply as the "decision" ).
(Organization)
Article 4. The Commission shall be composed of Chairman and six (6) Commissioners.
2 The Chairman and the Commissioners shall be appointed by the Prime Minister from among Government officials of the administrative organs concerned and persons who have a broad knowledge of international law.
3 The Chairman and the Commissioners shall serve part-time.
(Term of Office of Commissioner)
Article 5. The term of office of the Chairman or the Commissioner appointed from among the persons who have a broad knowledge of international law (hereinafter referred to as the "Commissioner of Knowledge" ) shall be two (2) years;provided that the term of office of the Commissioner of Knowledge appointed to fill a vacancy shall be the remainder of his predecessor's.
2 The Commissioner of Knowledge may be reappointed.
(Dismissal of Commissioner)
Article 6. The Prime Minister may, in case he has deemed that the Commissioner of Knowledge is unable to discharge his duties owing to breakdown of mind or body, in case he has deemed that the Commissioner of Knowledge has acted contrary to his official obligations or in other cases where he has deemed that the Commissioner of Knowledge is unfit for the position of Commissioner, dismiss such commissioner through decision by the Commission.
(Chairman)
Article 7. The Chairman shall preside over the business of the Commission and represent the Commission.
2 The Commission shall decide in advance a person, from among the Commissioners, who shall act for the Chairman in case he is prevented from discharging his duties.
(Independent Exercise of Official Powers)
Article 8. The Chairman and the Commissioners shall be independent in exercising their respective official powers.
(Method of Decision)
Article 9. The Commission shall not hold a meeting and make a decision unless it is attended by the Chairman and three (3) or more Commissioners.
2 The proceedings of the Commission meeting shall be decided by the majority of the attendants. In case of a tie, the Chairman shall have the casting vote.
(Executive Office)
Article 10. In order to arrange the business of the Commission, an executive office shall be established in the Commission.
2 The executive office shall have the Executive Director and other necessary personnel.
CHAPTER III Review
(Commencement of Review)
Article 11. In case the Japanese Government has accepted a request for reviewing a decision from the Allied Powers, the Commission shall without delay commence reviewing the said decision.
(Hearing of Opinions, etc.)
Article 12. The Commission may, when it is deemed necessary for the review of the decision, take the actions mentioned in each of the following each items:
(1) To request relevant witnesses to appear in person and ask them for their opinions or reports;
(2) To request expert witnesses to appear in person and let them give expert evidence;
(3) To request the owners or possessors of the documents and other data concerned with the case involved in the decision to present such documents and data.
(Review of Decision)
Article 13. The Commission shall, in conformity with international law, inquire into the case for reviewing the decision;in case it is deemed that the decision is against international law, the Commission shall make a re-decision of cancellation of such decision, and in case it is deemed that the decision is not against international law, the Commission shall make a re-decision of recongnition of such decision.
(Written Re-decision)
Article 14. The re-decision under the preceding Article shall be made by a written re-decision.
2 In the written re-decision shall be stated the reason for the re-decision.
3 The Chairman and the Commissioners present at the said meeting shall sign and seal the written re-decision.
4 To the written re-decision may be attached the opinion of a minority.
Article 15. The Commission shall, in case it has made the re-decision under Article 13, make notification, without delay, of the written redecision under the preceding Article.
(Restoration of Ownership)
Article 16. In case the Commission has made a re-decision of cancellation of a decision, the ownership of the objects involved in the re-decision out of those which became properties of the State by virtue of the decision concerned in accordance with the provisions of Article 28 of the former Prize Inquiry Ordinance shall be restored to the persons who had owned the objects concerned at the time when the said decision was given, going back to the said time.
(Reading of Provisions of Allied Powers Property Compensation Law)
Article 17. In respect of the application of the Allied Powers Property Compensation Law (Law No.264 of 1951) to the compensation for the damages caused by the war to the objects ownership of which has been restored in accordance with the provision of the preceding Article, "within eighteen months from the time of coming into force of the Peace Treaty between such State and Japan" as mentioned in Article 15 paragraph 1 of the same Law shall read "with respect to the compensation for the damages caused by the war to the objects ownership of which has been restored in accordance with the provision of Article 16 of the Law for Review of Decisions of Prize Courts, within eighteen (18) months from the day on which the written re-decision under Article 15 of the same Law was notified" .
CHAPTER IV Penal Provision
Article 18. The person who comes under any of the following items shall be liable to a fine not exceeding five thousand (5,000) yen:
(1) Those who, at the time of the request by the Commission under the provision of Article 12 item (1), have appeared but have not expressed any opinion or have not made any report, or have made false reports;
(2) Those who, at the time of the request by the Commission under the provision of Article 12 item (2), have appeared but have not given any expert evidence or have given false expert evidences;
(3) Those who, at the time of the request by the Commission under the provision of Article 12 item (3), have not presented any data under the same item.
Supplementary Provisions
(Date of Enforcement)
1 This Law shall come into force as from the day of the first coming into force of the Treaty of Peace with Japan.
(Period of Duration)
2 This Law (excluding the provision of Article 17) shall lose its effect on the day on which three years have elapsed after the day of its enforcement;however, in case the decisions have been reviewed upon the request of the Allied Powers but there has not been made any notification of written re-decisions thereof under Article 15 by the same day, it shall be effective until the day on which such notification of the written re-decisions will be made.
(Amendments to other Laws)
3 The Ministry of Transportation Establishment Law (Law No.157 of 1949) shall be partially amended as follows:
In the Contents, "Section 1. Mariners'Labor Relations Commission (Article 57)" shall be amended as "Section 1. Mariners'Labor Relations Commission and Prize Courts'Decisions Review Commission (Articles 57･57-(2))" .
The following one item shall be added next to Article 3 item (11):
(12) Review of Decisions of Prize Courts.
In Article 56,"
Mariners' Labor Relations Commission |
" shall be amended as
"Mariners' Labor Relations Commission |
Prize Courts'Decisions Review Commission" |
.
In Chapter III, "Section 1. Mariners'Labor Relations Commission" shall be amended as "Section 1. Mariners'Labor Relations Commission and Prize Courts'Decisions Review Commission" .
The following one Article shall be added next to Article 57:
(Prize Courts'Decisions Review Commission)
Article 57-(2). The organization, functions and powers of the Prize Courts'Decisions Review Commission shall be as provided for by the Law for Review of Decisions of Prize Courts (Law No.70 of 1952).
4 The National Government Organization Law (Law No.120 of 1948) shall be partially amended as follows:
In the column of Commissions of the part of the Ministry of Transportation in Annexed Table No.1,"
Mariners'Labor Relations Comnnission |
"shall be amended as
"Mariners'Labor Relations Commission |
Prize Courts'Decisions Review Commission" |
.
Prime Minister YOSHIDA Shigeru
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Transportation MURAKAMI Giiehi