The Maritime Safety Agency Law (Law No.28 of 1948) shall be partially amended as follows:
In Article 1, "insuring maritime safety and preventing detecting and suppressing violations of Laws of the Japanese Government in harbors, bays, sound, and coastal waters adjacent to Japan" shall be amended as "protecting human life and property, preventing, detecting and suppressing violations of laws of the Japanese Government at sea" .
In Article 3 paragraph 1, "personnel" shall be amended as "personnel (excluding the personnel of the Maritime Security Force)" , and "the National Public Service Law" as "the National Public Service Law (Law No.120 of 1947)" and paragraph 2 of the same Article shall be deleted.
In Article 4 paragraph 1, "vessels" shall be amended as "vessels and aircraft" , and "prevention of smuggling" as "performance of hydrographical survey and oceanographical observation, ensurance of peace at sea" , and paragraph 2 of the same Article shall be deleted;paragraph 3 shall be made paragraph 2 and next to the same paragraph shall be added the following one paragraph:
The aircraft of the Maritime Safety Agency shall be numbered and marked with signs clearly distinguishable from other aircraft.
In Article 5, "six Divisions" shall be amended as "seven Divisions" , and"
"shall be amended as:
"Administration Division Finance |
and Supply Division |
"
In Article 6, item (10) and item (11) shall be deleted, item (12) shall be made item (10), item (13) shall be made item (11), item (14) shall be made item (13) and the following one item shall be added as item (12):
(12) Application for trial to the Maritime Accident Inquiry Agency, investigation of marine accident concerned therewith, and execution of decisions of the Maritime Accident Inquiry Agency;
In Article 6-(2) item (1) and item (2), "vessels" shall be amended as "vessels and aircraft" , the same Article shall be made Article 6-(3), and next to Article 6 shall be added the following one Article:
Article 6-(2). The Finance and Supply Division shall perform the following functions:
(1) Budget estimates for receipts and expenses, settlement of accounts, accounts and audit thereof;
(2) Control of State property and articles.
In Article 7 item (10), "vessels" shall be amended as "vessels and aircraft" .
In Article 7-(2), item (5) shall be amended as follows:
(5) Matters concerning the statistics of marine accidents;
In Article 7-(2), item (6) shall be deleted and item (7) shall be made item (6).
In Article 8 item (5), "vessels" shall be amended as "vessels and aircraft" .
In Article 9 item (4), "vessels" shall be amended as "vessels and aircraft" .
In Article 11, paragraph 2 and paragraph 3 shall be amended as follows:
The Assistant Director shall assist the Director in coordinating Agency affairs.
The Assistant Director for Operation shall assit the Director in coordinating the affairs relating planning and operation of vessels, aircraft and communication facilities to be used by the Maritime Safety Agency.
The following one Article shall be added next to Article 11-(2):
Article 11-(3). The Maritime Safety Agency shall have the Marine Casualties Commissioners'Offices.
The Marine Casualties Commissioners'Office shall be an organ to supervise the functions performed by Commissioners for the Inquiry of Marine Accidents.
The name, location and internal organization of the Marine Casualties Commissioners'Offices shall be provided for by Ministry of Transportation Ordinance.
In Article 12 paragraph 2, "the Annexed Table" shall be amended as "Annexed Table No.1" .
In Article 12-(2), "six Divisions" shall be amended as "seven Divisions" , and"
"shall be amended as:
"Administration Division Finance |
and Supply Division |
"
In Article 14 paragraph 1, "The Maritime Safety Agency" shall be amended as "The Maritime Safety Agency (excluding the Maritime Security Force)" .
In Article 14 paragraph 2 "until the classification of functions has been decided in accordance with the National Public Service Law and the Law concerning position classification system" shall be deleted.
The following one paragraph shall be added to Article 17:
The regulations for the uniform of maritime safety officials shall be provided for by Ministry of Transportation Ordinance.
In Article 19, "Maritime Safety official" shall be amended as "Maritime Safety official or Maritime Safety sub-official" .
In Article 20, "Maritime Safety Official" shall be amended as "Maritime Safety official or Maritime Safety sub-official" .
Article 22 shall be amended as follows:
Article 22. The Maritime Safety Agency shall have Commissioners for the Inquiry of Maritime Accidents.
The Commissioners for the Inquiry of Marine Accidents shall, under the direction and supervision of the Director of the Maritime Safety Agency, perform the functions specified in Article 6 item (12).
In Article 23, "the personnel of the Maritime Safety Agency" shall be amended as "the personnel of the Maritime Safety Agency (excluding the personnel of the Maritime Security Force)" .
The title of Chapter II shall be amended as "Chapter III Maritime Safety Council and Marine Pilot Council" , and Chapter II shall be made Chapter III, the numbering of the succeeding Chapters shall be moved down by one, and next to Chapter I shall be added the following one Chapter:
CHAPTER II Maritime Security Force
Article 25-(2). The Maritime Safety Agency shall have the Maritime Security Force.
The Maritime Security Force shall be an organ to take necessary actions at sea in case of urgent necessity for the protection of human life and property or ensuring peace at sea.
Article 25-(3). The Maritime Security Force shall consist of the Central Headquarters and Local Headquarters.
The internal organization of the Central Headquarters shall be provided for by Ministry of Transportation Ordinance.
The name, location and internal organization of the Local Headquarters shall be provided for by Ministry of Transportation Ordinance.
Article 25-(4). The Maritime Security Force shall have maritime security officials and other employees.
Article 25-(5). The fixed number of personnel of the Maritime Security Force (hereinafter referred to as "the personnel" in this Chapter) shall be six thousand and thirty-eight (6,038).
Article 25-(6). The service of the personnel shall be the special service specified in Article 2 of the National Public Service Law.
Article 25-(7). The appointment, dismissal, ranking, temporary retirement, reinstatement and designation of duties of the personnel shall be effected by the Director of the Maritime Safety Agency.
Article 25-(8). No person falling under any one of the following items shall be appointed a member of the personnel:
(1) A person who has been adjudicated incompetent or quasi-incompetent;
(2) A person who has been sentenced to a penalty heavier than imprisonment without hard labor by the criminal court, and of whom the execution of the sentence has not been completed or who has not yet ceased to be amenable to the execution of the sentence;
(3) A person who has dismissed by disciplinary decision and for whom a period of two years has not expired since the date of dismissal;
(4) A person who formed or belonged to, a political party or other organization which advocated the overthrow by force of the Constitution of Japan or the Government existing thereunder.
Article 25-(9). Appointment of the personnel shall be by means of examination. However, this provision shall not preclude such appointment as made on the basis of evaluation of demonstrated abilities other than examination.
Necessary matters concerning methods and procedurss of the examination and evaluation mentioned in the preceding paragraph and others concerned with appointment of the personnel shall be prescribed by Ministry of Transportation Ordinance.
Article 25-(10). The ranks of maritime security officials shall be in accordance with Annexed Table No.2.
The order of ranks of maritime security officials shall be as enumerated in Annexed Table No.2.
The grades of members of the personnel other than maritime security officials shall be provided for by law separately.
Article 25-(11). Ranking of maritime security officials newly appointed shall be made by means of examination;provided that this provision shall not preclude such ranking as made on the basis of evaluation of demonstrated abilities other than examination.
Promotion of maritime security officials shall be made by examination among maritime security officials of ranks of lower levels than that of the rank under consideration;provided that this provision shall not preclude such promotion as made by means of evaluation based on the merit of performance of duties.
Necessary matters concerning methods and procedures of the examination and evaluation mentioned in the preceding two paragraphs and others concerned with ranking of maritime security officials shall be prescribed by Ministry of Transportation Ordinance.
The provisions of the preceding three paragraphs shall apply mutatis mutandis to the ranking of members of the personnel other than maritime security officials.
Article 25-(12). No member of the personnel shall, against his will, be demoted or dismissed except in cases where he falls under one of the following items:
(1) When his performance on duty is not satisfactory;
(2) When, due to mental or physical debility, he has difficulty or is incompetent to perform duties;
(3) When he lacks the qualification for fitness required for his duties in cases other than those prescribed in the preceding two items;
(4) When he becomes a supernumerary or his position or rank or grade is abolished due to an amendment or abrogation of the organization or the fixed number of personnel, or as a result of a reduction in budget.
The provisions of the preceding paragraph shall not apply to a member of the personnel who has been newly appointed and whose tenure of office is under six (6) months reckoning from the date of appointment (hereinafter referred to as "the new member" ).
Article 25-(13). No member of the personnel shall, against his will, be temporarily retired unless he falls under one of the following items:
(1) When he requires a prolonged period of rest due to mental or physical debility;
(2) When he is prosecuted with respect to a criminal case.
The period of temporary retirement as specified in item (1) of the preceding paragraph shall be as provided for by the Director of the Maritime Safety Agency within the limit not exceeding three (3) years, according to the state of debility for which a rest is required.
The period of temporary retirement in any case as specified in paragraph 1 item (2) shall be the period of time such case is pending in court.
The provision of paragraph 1 shall not apply to the new member.
A person who has temporarily retired does not, while still retaining the status of a member of the personnel, his rank or grade, attend his official duties.
No compensation of any kind shall be paid to such person as has temporarily retired unless otherwise provided for by law or order separately.
The Director of the Maritime Safety Agency shall, when the cause of temporary retirement ceases of exist for the person temporarily retired, immediately reinstate such person.
The number of persons temporarily retired shall not be included in the fixed number as specified in Article 25-(5).
Article 25-(14). The personnel shall, when they come under each item of Article 25-(8), automatically forfeit their position, except in cases provided for by Ministry of Transportation.
Article 25-(15). A maritime security official shall, when he has attained to such years of age as prescribed by Cabinet Order for each rank respectively, automatically lost his position.
Article 25-(16). The Director of the Maritime Safety Agency may, when any member of the personnel comes under one of the following items, reprimand such member, reduce his pay, demote him, suspend his duties or dismiss him as disciplinary punishment:
(1) When he has acted contrary to the duties of his position or has neglected his duties;
(2) When he has committed such misconduct as to render himself unfit to be a member of the personnel;
(3) When otherwise he has acted contrary to this Law.
The reduction in pay shall be a reduction of less than one-third of his basic pay for a period not exceeding one (1) year.
The demotion shall be a ranking of the member connected with such disposition to a rank or grade lower than his rank or grade by one class or two.
The period of suspension from duty shall be under one (1) year. A person whose duty is suspended does not, while retaining the status of a member of the personnel, his rank or grade, attend to his official duties unless otherwise specially ordered. No compensation of any kind shall be paid to such person except in cases otherwise provided for by law or order.
Article 25-(17). No person shall, for the purpose of unlawfully realizing or unlawfully impeding realization of the appointment, ranking, temporary retirement, reinstatement, dismissal, disciplinary punishment or other acts concerning personnel affairs, pay or receive, solicit, or promise to pay or receive money or other benefit, or use threat, coercion or other similar method, or take advantage of his public position or offer, solicit or promise to offer such advantage to others, or be in any way concerned with such acts.
Article 25-(18). The personnel shall comply with laws and orders and faithfully perform their official duties.
The personnel shall, in the performance of their duties, faithfully observe the orders of their superiors pertaining to the performance of their official duties;provided that they may express opinions on such orders.
No member of the personnel shall act in such a way as to discredit the Maritime Security Force.
Article 25-(19). A maritime security official shall, in the performance of his official duties, wear uniform.
The provision of Article 17 paragraph 3 shall apply mutatis mutandis to the uniform regulations for maritime security officials.
Article 25-(20). No member of the personnel shall divulge any secret which may have come to his knowledge in the performance of his duties. This shall also apply after he has separated from his position.
A member of the personnel shall, in case he is to make a statement concerning any secret with respect to his duties as a witness, an expert witness or the like prescribed by law or order, obtain the permission of the Director of the Maritime Safety Agency. This shall also apply after he has separated from his position.
The permission referred to in the preceding paragraph may not be refused, unless otherwise provided for by law or order separately.
Article 25-(21). A maritime security official shall take residence at such places as designated by the Director of the Maritime Safety Agency in accordance with what may be provided for by Ministry of Transportation Ordinance.
Article 25-(22). The personnel shall, except in cases as otherwise provided for by law or order separately, give their full working time and occupational attention to the performance of their duties.
Article 25-(23). The personnel may not hold a position in any other State agencies or local public organization than the Maritime Security Force, unless otherwise provided for by law or order.
The personnel, even if they perform other duties of the Maritime Security Force than their regular duties or hold positions of State agencies other than the Maritime Security Force or positions of local public organizations, may not receive any pay for such additional positions.
Article 25-(24). No member of the personnel shall hold a position of an officer or adviser or any other position corresponding to these in a company or other organization aiming at pecuniary gain, nor shall be carry on his own profit-making enterprise.
The personnel are prohibited for a period of two years after leaving the service from assuming such a position in a company or other organization aiming at pecuniary gain as involving a close connection with the duties in which they have been engaged within five years prior to separation from the service. However, this shall not apply to the case where they have obtained the permission of the Director of the Maritime Safety Agency made in accordance with the standard as may be prescribed by Ministry of Transportation Ordinance.
Article 25-(25). If a member of the personnel is, in consideration of a honorarium, to hold a position or post other than positions in State agencies or local public organizations as specified in Article 25-(23) paragraph 1 or positions mentioned in paragraph 1 of the preceding Article, or to engage in enterprise other than profit-making enterprise, he shall obtain the permission of the Director of the Maritime Safety Agency made in accordance with such standard as may be prescribed by Ministry of Transportation Ordinance.
Article 25-(26). The personnel shall not be permitted to form or join associations or other organizations aiming at negotiation as regards conditions of work or similar matters with persons representing the interests of the State as their employer.
The personnel shall not strike or engage in delaying acts, or other acts analogous to dispute which impair the normal operation of the activities.
No person shall attempt, conspire to affect, instigate or incite such illegal actions of the preceding paragraph.
Article 25-(27). The personnel shall not solicit, or receive, or be in any manner concerned in soliciting or receiving subscription or other benefit for any political party or political purpose or engage in any political activity as prescribed by Cabinet Order other than to exercise their right to vote.
No member of the personnel may be a candidate for elective public office.
No member of the personnel may be an officer, political adviser, or member with similar role of any political party or political organization.
Article 25-(28). A member of the personnel may, when he is, against his will, dismissed, temporarily retired or demoted, or subjected to disciplinary punishment, appeal to the Director of the Maritime Safety Agency for review of the case.
The Director of the Maritime Safety Agency shall, upon receipt of the appeal for review as specified in the preceding paragraph, submit the same to the Equity Board.
The Director of the Maritime Safety Agency shall, when decision has been made by the Equity Board for the action submitted in accordance with the preceding paragraph, take necessary action in accordance with such decision.
The Equity Board shall be established in the Maritime Safety Agency.
Procedures of the appeal for review, and the organization and operation of the Equity Board shall be provided for by Ministry of Transportation Ordinance.
Article 25-(29). The provisions of Article 16, Article 17 paragraph 1 and paragraph 2, and Article 18 shall apply mutatis mutandis to the maritime security official who holds a rank of Junior Maritime Security Sub-Officer, 3rdclass or upward;provided that this shall apply only to the case where the Maritime Security Force operates at sea in case of urgent necessity for the protection of human life and property and ensurance of peace at sea.
The provisions of Article 19 and Article 20 shall apply mutatis mutandis to maritime security officials.
Article 25-(30). Of the maritime security officials, those who engage in duties for maintenance of order within the Force shall perform the functions of judicial police officials as provided in the Code of Criminal Procedure (Law No.131 of 1948) in regard to the following offences:
(1) Offences committed by the personnel or offences against the personnel while engaging in duties, or offences committed by person other than the personnel concerning the duties of the personnel;
(2) Offences committed within the vessel, office building, housing or other facilities of the Maritime Security Force;
(3) Offences against the articles of the Maritime Security Force.
A maritime security official may, as a judicial police official under the provisions of the Code of Criminal Procedure, arrest, besides a flagrant offender, a suspect in accordance with the provision of Article 210 of the same Code. However, this shall apply only to the case where the Maritime Security Force operates at sea in case of urgent necessity for protecting human life and property or ensuring peace at sea.
A maritime security official shall, in case he has arrested a flagrant offender or a suspect in accordance with the provisions of the preceding paragraph, deliver such flagrant offender or suspect without delay (in the case of a suspect, without delay after obtaining a warrant of arrest in accordance with the provisions of Article 210 paragraph 1 of the Code of Criminal Procedure) to maritime safety officials or maritime safety sub-officials. However, in case there are any unavoidable circumstance which may render the delivery impossible, the functions of judicial police officials may continue to be exercised to the extent necessary to dispose of the case concerned of the said flagrant offender or the suspect.
Of the maritime security officials who perform the functions of judicial police officials in accordance with the provisions of the preceding three paragraphs, those holding the rank of Junior Maritime Security Sub-Officer, 3rdclass or upward shall be deemed judicial police officers, and others shall be judicial policemen.
Article 25-(31). The provisions of the Trade Union Law (Law No.174 of 1949), the Labor Relations Adjustment Law (Law No.25 of 1946), the Labor Standard Law (Law No.49 of 1947) and the Mariners'Law (Law No.100 of 1948, excluding the provisions of Article 1, Article 2, Article 5, Article 7 to Article 18 inclusive, Article 20, Article 25 to Article 27 inclusive, Article 122 to Article 125 inclusive, Article 126 (exclusive of item (6) and item (7)), Article 127, Article 128 (exclusive of item (3)) and Article 134 and the provision of Article 120 concerning these provisions) shall not apply to the vessels used by the Maritime Security Force and the personnel.
Article 25-(32). The:provisions of the Ship Safety Law (Law No.11 of 1933) shall not apply to the vessels used by the Maritime Security Force.
Article 25-(33). The provisions of the Law for Ship's Officer (Law No.149 of 1951) shall not apply to the vessels used by the Maritime Security Force and to the personnel on board these vessels who engage in the work of ship's officers.
Article 25-(34). Of the provisions of the Radio Law (Law No.131 of 1950), those concerning the license and inspection of radio stations and radio operators shall not apply to the movable radio stations used by the Maritime Security Force and the personnel engaged in operation of such radio facilities of the said radio stations.
The Director of the Maritime Safety Agency shall, for the frequency intended to be used by the movable radio station of the Maritime Security Force, obtain the permission of the Radio Regulatory Commission.
Article 25-(35). A person falling under one of the following items shall be sentenced to penal servitude not exceeding one year or fine not exceeding thirty thousand yen (\30,000):
(1) A person who divulges any secret in violation of the provisions of Article 25-(20);
(2) A person who concurrently holds a position in a company or other organization or who carries on his own profit-making enterprise in violation of the provisions of Article 25-(24) paragraph 1 or paragraph 2.
Article 25-(36). A person falling under one of the following items shall be sentenced to penal servitude not exceeding three years or fine not exceeding one hundred thousand yen (\100,000):
(1) A person who, in violation of the provisions of Article 25-(17), commits such illegal acts concerning personnel affairs as specified in the same Article;
(2) A person who forms associations or other organizations in violation of the provisions of Article 25-(26) paragraph 1;
(3) A person who conspires to effect, instigates or incites such illegal actions as specified in Article 25-(26) paragraph 2 or who attempts these acts;
(4) A person who, in violation of the provisions of Article 25-(27) paragraph 1, commits such act as specified in the same paragraph.
Article 25-(37). A person who attempts to accomplish or who orders, wilfully permits, instigates, or is an accessory to the accomplishment of any of the acts specified in Article 25-(35) item (1), or item (2) of the preceding Article, shall be subject to the penalty prescribed in each of these Articles.
The following one Article shall be added next to Article 26:
Article 26-(2). The establishment, organization and functions of the Marine Pilot Council shall be in accordance with the provisions of the Marine Pilot Law (Law No.121 of 1949).
In Article 32, "Article 4 paragraph 3" shall be amended as "Article 4 paragraph 2" and the following one paragraph shall be added to the same Article:
No aircraft other than those of the Maritime Safety Agency shall be marked with the sign as prescribed in Article 4 paragraph 3 or any other sign mistakable therefor.
In Article 33 paragraph 1, "personnel of the Maritime Safety Agency" shall be amended as "personnel of the Maritime Safety Agency (excluding the personnel of the Maritime Security Force)" .
Article 35 and Article 35-(3) shall be deleted, Article 35-(2) shall be made Article 35 and Article 36 shall be amended as follows:
Article 38 shall be amended as follows:
Annexed Table shall be amended as Annexed Table No.1 and the following shall be added next to the same Table:
Annexed Table No.2
Maritime Security Superintendent
Assistant Maritime Security Superintendent
Maritime Security Officer, 1st-class
Maritime Security Officer, 2nd-class
Maritime Security Officer, 3rd-class
Maritime Security Sub-Officer, 1st-class
Maritime Security Sub-Officer, 2nd-class
Maritime Security Sub-Officer, 3rd-class
Junior Maritime Security Sub-Officer, 1st-class
Junior Maritime Security Sub-Officer, 2nd-class
Junior Maritime Security Sub-Officer, 3rd-class