(Partial Amendments to the Immigration Control Order)
Article 1. The Immigration Control Order (Cabinet Order No.319 of 1951) shall be partially amended as follows:
Article 2 item (2) shall be amended as follows:
(2) The term "alien" shall be defined to mean any person not possessed of Japanese nationality.
Next to Article 22 in Chapter IV Section 1 shall be added the following one Article:
(Acquisition of Status of Residence)
Article 22-(2) Any person who has renounced Japanese nationality or any alien who is residing in Japan, without following the procedures for landing provided for in Chapter III, by birth or for any other cause, may, irrespective of the provisin of Article 19 paragraph 1, continue to reside in Japan without acquiring the status of residence, only for a period of sixty days on and after the date of his or her renouncement of Japanese nationality, of his or her birth, or of the occurrence of the said other cause, respectively.
2 An alien provided for in the preceding paragraph, who desires to remain in Japan over the period mentioned in the same paragraph, shall apply to the Director for the acquisition of status of residence, in accordance with the procedures as prescribed by Ministry of Foreign Affairs Ordinance, not later than thirty days from the date of his or her renouncement of Japanese nationality, of his or her birth, or of the occurrence of the said other cause.
3 The provisions of Article 20 paragraph 3 to paragraph 7 inclusive shall apply mutatis mutandis to the procedures for the application to acquire the status of residence under the preceding paragraph (except for the application to acquire the status of residence as a person coming under Article 4 paragraph 1 item (14)). In this connection, "to have his status of residence changed to that" in Article 20 paragraph 3, "the change of the status of residence" in paragraph 5 of the same Article, "have the status of residence and period of stay indicated in his passport rewritten" in paragraph 6 of the same Article, and "any change of status of residence and period of stay" in paragraph 7 of the same Article shall read "to acquire his status of residence" , "the acquisition of status of residence" , "have the status of residence and period of stay indicated in his passport" , and "any new indication of status of residence and period of stay" , respectively.
4 The provisions of the preceding Article shall apply mutatis mutandis to the procedures for the application to acquire the status of residence as a person coming under Article 4 paragraph 1 item (14) in the course of the application to acquire the status of residence under paragraph 2. In this connection, "to change his status of residence" in paragraph 1 of the preceding Article, "to change his status of residence to that" in the same paragraph and "have the status of residence and period of stay entered in his passport struck out and have his passport endorsed by means of stamping for admission for permanent residence" in paragraph 3 of the same Article shall read "to acquire his status of residence" , "to acquire his status of residence" , and "have his passport endorsed by means of stamping for admission for permanent residence" , respectively.
In Article 23 paragraph 1, "the registration certificate under the Ordinance for Registration of Aliens (Imperial Ordinance No.207 of 1947)" shall be amended as "the alien registration certificate under the Alien Registration Law (Law No.125 of 1952)" .
In Article 24 paragraph 1 item (4) f., "the Ordinance for Registration of Aliens" shall be amended as "law and ordinances relating to the registration of aliens" .
Next to Article 24 paragraph 1 item (6) shall be added the following one item:
(7) Any alien who remains in Japan over the period under Article 22-(2) paragraph 1, without having the status of residence and period of stay indicated under the provision of Article 20 paragraph 6 which is applicable with necessary modifications under Article 22-(2) paragraph 3, or without receiving the endorsement by means of stamping for admission for permanent residence under the provision of Article 22 paragraph 3 which is applicable with necessary modifications under Article 22-(2) paragraph 4.
Next to Article 70 item (7) shall be added the following one item:
(8) Any alien who remains in Japan over the period under Article 22-(2) paragraph 1, without having the status of residence and period of stay indicated under the provision of Article 20 paragraph 6 which is applicable with necessary modifications under Article 22-(2) paragraph 3, or without receiving the endorsement by means of stamping for admission for permanent residence under the provision of Article 22 paragraph 3 which is applicable with necessary modification under Article 22-(2) paragraph 4.
The proviso to paragraph 1 of the Supplementary Provisions shall be deleted.
Paragraph 3 to paragraph 18 inclusive of the Supplementary Provisions shall be deleted;paragraph 19 of the same shall be made paragraph 3 of the same and the numbering of the following paragraphs shall be moved up by sixteen accordingly.
(Transitional Provisions following the Partial Amendments to the Immigration Control Order)
Article 2. The period of time for which any alien who is found to be actually residing in Japan on the effective date of this Law and who comes under one of the following items may be permitted to continue to remain in Japanwithout acquiring the status of residence, for a period not exceeding six months from the effective date of this Law, irrespective of the provision of Article 22-(2) paragraph 1 of the Immigration Control Order:
(1) Any person who entered Japan with the permission of the Supreme Commander for the Allied Powers;
(2) Any person who has been residing in Japan as an alien continuously since before September 2, 1945;
(3) Any person who renounces Japanese nationality on the date of the first coming into force of the Treaty of Peace with Japan by virtue of the provisions of the same Treaty and who entered Japan on or after September 3, 1945 and has resided continuously in Japan since the date of entry and is in possession of the alien registration certificate under the Alien Registration Law (Law No.125 of 1952).
2 The period of time, for which an alien under the preceding paragraph who desires to remain in Japan over the period provided for in the same paragraph may apply to the Director for the acquisition of status of residence, shall not exceed three months from the effective date of this Law, irrespective of the provision of Article 22-(2) paragraph 2 of the Immigration Control Order.
3 Any document showing the granting of permission for entry by the Supreme Commander for the Allied Power, which is possessed by an alien who has actually been granted the permission for entry by the Supreme Commander for the Allied Powers on the effective date of this Law, but who is not to have landed in Japan, shall be regarded, with respect to the application of the Immigration Control Order, as the visa by the Japanese consular officer, etc. under Article 6 paragraph 1 of the same Order, only for a period of six months from the date of issuance of the permission.
4 The stamp of endorsement for permission for reentry affixed to the passport possessed by an alien who has been actually granted the permission for reentry by the Supreme Commander for the Allied Powers on the effective date of this Law shall be regarded, with respect to the application of the Immigration Control Order, as the permit for reentry provided for in Article 26 paragraph 2 of the Immigration Control Order for the effective period indicated by the stamp of endorsement.
5 With respect to an alien who seeks to depart from Japan with permission for reentry by the Supreme Commander for the Allied Powers under the preceding paragraph or an alien who has actually departed from Japan with such permission, his or her status of residence and period of stay shall be determined when the stamp of endorsemet is given at the time of reentry for approval for landing, regardless of the provision of the proviso to Article 9 paragraph 3 of the Immigration Control Order.
6 Any person who loses Japanese nationality on the date of the first coming into force of the Treaty of Peace with Japan under the provisions of the same Treaty and who has resided in Japan until the effective date of this Law continuously since before September 2, 1945 (including the children of such person who were born during the period from September 3, 1945 to the effective date of this Law) may continue to reside in Japan without acquiring the status of residence, pending the determination of his or her status of residence and period of stay as prescribed by laws, regardless of the provision of Article 22-(2) paragraph 1 of the Immigration Control Order.
(Partial Amendments to the Immigration Agency Establishment Order)
Article 3. The Immigration Agency Establishment Order (Cabinet Order No.320 of 1951) shall be partially amended as follows:
Article 3 paragraph 1 shall be amended as follows:
The Immigration Agency shall have for its duties the control of entries and departures under the Immigration Control Order (Cabinet Order No.319 of 1951) and the registration of aliens under the Alien Registration Law (Law No.125 of 1952).
In Article 4 item (15), item (16) and item (18), "under the Immigration Control Order (including the cases where it is applicable under Article 16 paragraph 2 of the Ordinance for Registration of Aliens with necessary modification)" shall be amended as "under the Immigration Control Order" ;item (17) of the same Article shall be deleted, item (18) of the same Article shall be made item (17) of the same Article and the numbering of the following items shall be moved up by one accordingly.
In Article 7 item (4), "the Ordinance for Registration of Aliens and the Order for Temporary Measures" shall be deleted;and in item (7) of the same Article, "the Ordinance for Registration of Aliens" shall be amended as "the Alien Registration Law" .
Article 8 item (8) g shall be deleted.
In the table under Article 16 paragraph 2,
"Sendai Station |
Sendai City |
Hokkaido, |
Miyagi Pref., |
Fukushima Pref., |
Iwate Pref., |
Aomori Pref., |
Yamagata Pref., |
Akita Pref. |
" shall be amended as "
Sapporo Station |
Sapporo City |
Hokkaido |
|
Sendai Station |
Sendai City |
Miyagi Pref., |
Fukushima Pref., |
Iwate Pref., |
Aomori Pref., |
Yamagata Pref., |
Akita Pref |
."
(Orders which Remain in Force in Future)
Article 4. The Orders mentioned in Article 1 and in the preceding Article shall respectively remain in force as laws after the coming into force of this Law.
(Abolition of Orders)
Article 5. The following Orders shall be abolished:
(1) The Ordinance for Registration of Koreans, Chinese, Formosans and Those Persons Having Permanent Domicile in Kagoshima or Okinawa Prefecture South of 30°North Latitude (including Kuchinoshima)(Ministries of Welfare, Home, and Justice Ordinance No.1 of 1946);
(2) The Cabinet Order for Temporary Measures concerning the Restriction on Sailing of Those Persons Having Permanent Domicile in Nanseishoto South of 29°North Latitude Cabinet Order No.227 of 1950).