Legislation
 

Law Concerning Surveillance of Communications for Investigative Purposes
　　　 (Law No. 137, August 12, 1999) ［Hanzaisosa no tameno Tsushinboju ni kansuru Horitsu］

　　　 This act was one of three acts adopted on August 12, 1999 as measures taken against organized crimes. Two of the acts are as follows : the ”Law Concerning Punishments for Organized Crime, Including Money-laundering” ”Act Concerning Partial Amendment of the Criminal Procedural Law.” This act, the ”Act Concerning Survelliance of Communications for Investigative Purposes” , is based on the premise that organized crime often does serious harm to society. Therefore, it is considered necessary to monitor communications between suspects using telephone and other electronic devices in order to investigate cases of serious organized crime, especially murder and illegal transactions related to drugs and guns. The purpose of this act is to provide the conditions, proceedings, and the other essential matters related to surveillance of communications as a measure in criminal procedural law in order to investigate cases without violating the privacy of others when they are communicating (Article 1).
　　　 The words ‘communications’ and ‘monitoring’ are deｆｉ ned in Article 2. According to this article, the term ‘communications’ is deｆｉ ned as telephones and other electronic communication devices with wires (note the exception to wireless communications). The term ‘monitoring’ is deｆｉ ned as simultaneously receiving communication between others without their permission in order toｆｉ nd out its content.
　　　 This act provides the actual proceedings related to monitoring : (1) classiｆｉ edfor monitoring, (2) carrying out of monitoring ; and, (3) making and keeping of the records on monitoring.
　　　 Some commentators state that monitoring communications often restricts the privacy of communication between persons which are guaranteed in the Constitution. This act includes the following measures directed at guaranteeing privacy : (1) the duty of the people concerned to respect the privacy of communications (Article 28) ; (2) penalties for offenses when the violation of privacy of communication occurs (Article 30), under this Act, this crime should be punished with a prison sentence of up to 3 years or aｆｉ ne up to 1 million yen ; (3) attempts should also be punished, proceedure for challenges(Article 26) ; and, (4) duty of the government to report to parliament regarding surveillance activities (Article 29).

(K. ADACHI)　　

The Act to Access Information
　　　 (Law no. 42, May 14, 1999) ［Gyoseikikan no hoyusuru Jyoho no Kokai ni kansuru Horitsu］

　　　 The purpose of this act is to provide public access to internal documents at government ministries and agencies. This act will come into force no later than two years after its proclamation.
　　　 The abstract of this act is as follows :

(1) Any person has the right to request that the head of government organizations disclose public administrative documents.
(2) A request for documents should be submitted directly or mailed to the heads of government organizations.
(3) The heads of government organizations should reply within thirty days and indicate their intent regarding disclosure of the document. If the reply is afｆｉ rmative, the applicant can see the document. However, the heads of government organizations can refuse to disclose documents related to certain individuals, defense and diplomatic data, etc.
(4) If the disclosure is refused, the applicant can appeal to a committee for information access.
(5) If the committee also refuses the disclosure or the head of government organization refuses to follow the committee’s advice, the applicant canｆｉ le a lawsuit at district courts in Sapporo, Sendai, Tokyo, Nagoya, Osaka, Hiroshima, Takamatsu and Fukuoka.

(K. EBIHARA)　　

The Act for the partially Revision of The Worker Dispatching Law (Law No. 84, July. 7. 1999)
　　　 ［Roudousya haken Hou no Ichibu o Kaisei suru Horitsu］

　　　 The worker dispatching system was established in Japan and 12 years have passed since The Worker Dispatching Law has been in force. This revision of this act reflects the social background in which employers want to relax regulations ; such as the declining unemployment rate and those related to the ILO treaty no. 181 which was adopted in the general assembly in June 1997. The main points of this revision are as follows :

(1) Under the existing law, there are limits to the work for which worker-dispatching business may be conducted, and the 26 occupations in which worker-dispatching business may be conducted are designated by Cabinet Order. However, under this revision, the occupation in which the worker-dispatching business may be conducted are limited to all occupations except for port transport services, construction work, and other work that is designated by Cabinet Order. Therefore, the worker dispatching business can be expanded to include most white-collar positions ; and,
(2) The regulations concerning the dispatch period remain the same for the current 26 occupations. Firms which are receiving worker-dispatching services and dispatched workers can renew their initial contracts of up to a year twice for a maximum period of three years. However, for new contracts, the period is restricted to a maximum of one year. Aｆｉ rm that is receiving worker-dispatching services which are performed by dispatched workers and that wishes to retain the dispatched workers beyond a year is obligated to take them on as regular employees. Firms which do not comply with the law in such cases will be penalized and this will involve the publication of their names.

(N. EBIHARA)　　

An Act Concerning Partial Amendment of the Code of Criminal Procedure
　　　 (Law No. 138, August 18, 1999) ［Keijisosho-ho no Ichibu o Kaiseisuru-Horitsu］

　　　 This act allows wire tappings as a basis which is used for compulsory measures (Art. 222. 2), and provides services in order to protect witnesses or otherwise, or their relatives and to provide a sense of security. As regards the protection of witnesses or otherwise, prior to this act, witnesses or otherwise, or their relatives were often threatened and intimidated. Such circumstances prevented the enforcement of criminal procedure by preventing court appearances and statements by witnesses, etc. Therefore, this act provides mainly as follows :

(1) If it is feared that such circumstances will prevent the enforcement of court procedures, a presiding judge can put restrictions on the examination of a witness regarding home, address, place of work, etc. (Art. 295. 2)
(2) When a public prosecutor or a lawyer discloses evidence, each of them can request to give the other party consideration in the case where such circumstances will prevent the enforcement of court procedures. (Art. 299. 2)

(H. ESUMI)　　

The Special Measures Act Concerning Dioxin
　　　 (Law No. 105, July 16, 1999) ［Daiokishin rui Taisaku Tokubetsu-Sochi-Ho］

　　　 This act outlines the means and standards to prevent and remove dioxin pollution.
　　　 The main points of this Act are as follows :

(1) This Act provides the basic standards and necessary regulations to deal with dioxin.
(2) This Act provides the deｆｉ nition of dioxin.
(3) Each prefectural governor must investigate dioxin pollution circumstances.
(4) The Prime Minister shall develop programs to reduce dioxin.
(5) The purpose of this Act is to protect our health.

(S. IDE)　　

The Ministry of Personnel Affairs Regulation Concerning the Prevention of Sexual Harassment
　　　 (No. 10-10, November 13, 1998) ［Jinji-in kisoku 10-10, 1998, sexual harassment no boushi tou］

　　　 The Ministry of the personnel affairs laid down an ordinance which was concerned with the prevention of sexual harassment. The important points of this ordinance are as follows :

(1) This ordinance prescribes necessary matters concerned with the suitable measures for the prevention and elimination of sexual harassment. It also prescribes guidelines for properly dealing with the problems attributed to sexual harassment if it occurs. (Art. 1)
(2) The head of each Ministry is obliged to take the above measures promptly and in a suitable fashion. He must then take into consideration that a public servant who suffers sexual harassment must not be ill treated in his or her ofｆｉ ce because he or she makes a complaint. The Minister must also work together with the complainant in the investigation of the facts. (Art. 4)
(3) Public servants must not engage in sexual harassment and their superiors must take prompt and appropriate measures when problems occur. (Art. 5)
(4) The head of each Ministry must endeavor to hold sexual harassment prevention trainings. (Art. 7)
(5) The head of each Ministry must appoint a public servant who will consult with the victims of sexual harassment and prepare materials they require. (Art. 8)

(H. ISHIBASHI)　　

A Law Concerning Measures for Preserving the Peace and Security of Japan in the Event a Situation Occurs in the Areas Surrounding Japan
　　　 (Law No. 60 ; May 28, 1999) ［Shuhenjitai ni-saisite Wagakuni no Heiwa oyobi Anzenn wo Kakuho suru-tameno Sochi ni-kannsuru Houritu / Shuhenjitai Hou］

　　　 This Law provides for measures which Japan shall take for coping with situations in the areas surrounding Japan, procedures for taking the measures and other necessary matters. This Law went into effect on August 25, 1999.
　　　 The outline of this law is as follows :

(1) The phrase” situations in the areas surrounding Japan means situations in the areas surrounding Japan that have an important influence on Japan’s peace and security in the event that those situations might lead to direct armed attacks against Japan if they are left unattended.
(2) In the case of situations in areas surrounding Japan, the Government of Japan shall take measures to appropriately and promptly cope with and make efforts to maintain Japan’s peace and security. The phrase” the measures to cope with ［Taiou-Sochi］ means support in logistics, operations for search and rescue in logistics and other measures necessary to cope with situations in areas surrounding Japan. Enforcement of the measures to cope with shall not fall under the threat or use of force.
(3) In the case of situations in areas surrounding Japan, when the Prime Minister considers it necessary to enforce support in logistics, operations for search and rescue in logistics and others by the Self-Defense Forces of Japan, the Prime Minister must call for the decisions of cabinet council to enforce the measures concerned and regarding the draft of the ground plan concerning measures.
(4) Concerning support in logistics or operations for search and rescue in logistics provided under the ground plan and enforced by units of the Self-Defense Forces of Japan and others, the Prime Minister must be recognized by the Diet to enforce those coping measures before the measures are enforced. In the case of necessity and urgency, however, the Prime Minister may enforce support in logistics or operations for search and rescue in logistics in question without recognition by the Diet. (In this case, the Prime Minister must be recognized promptly by the Diet and the enforcement of those measures must be dealt with.)
(5) The directors of administrative agencies concerned, in accordance with laws and ordinances, may call for the directors of local public entities to cooperate in an effort to exercise the competence which the latter have and request the persons other than authorities of Japan to cooperate if necessary.
(6) In the following cases, members of the Self-Defense Forces of Japan may use weapons within reasonable limits determined to be necessary to correspond to an unavoidable situation where it is imperative to defend life or limb of those members who are engaged in their duties :
(i) Where members of the Self-Defense Forces Unit of Japan or others who are ordered to provide the services of the Self-Defense Forces of Japan as logistical support in logistics, perform their duties.
(ii) Where members of the Self-Defense Forces Unit of Japan or others who are ordered to enforce operations for search and rescue in logistics, perform the duty to rescue a sufferer.

(S. KAWAGUCHI)　　

The Act for Partially Revising the Cabinet Law
　　　 (Law No. 88, July 16, 1999) ［Naikaku-hou no Ichibu o Kaiseisuru Horitsu］

　　　 During an argument regarding administrative reforms, it was said that” we need to prepare for administrative structures which can shape integrative policy and make decisions quickly while overseeing the entire national administration (The Final Report of Administrative Reform Council, Dec. 3, 1994). The Cabinet Law was later revised in order to strengthen the powers of the Cabinet.
　　　 The main points of this revision are as follows :

1. This act provides that the Cabinet exercises its power according to the principle of the sovereign power resting with the people.
2. It provides that the Cabinet, in the exercise of executive power, is collectively responsible to the National Diet, which is formed by representatives of the people.
3. It provides that the Cabinet consists of the Prime Minister, who is appointed as designated by the National Diet, and the Ministers of State, who are appointed by the Prime Minister.
4. It directs that the number of the Ministers of State be 14 persons or less and that this number be increased to 17 persons only in special circumstances.
5. It provides that the Prime Minister can make suggestions about fundamental policies and other matters related to the cabinet council.
6. It regulates the authority of the Cabinet Secretary, and creates a position of a Cabinet ofｆｉ cial of publicity and a Cabinet ofｆｉ cial of information.

(M. NODA)　　

Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protecting Children
　　　 (Law No. 52, May 26, 1999) ［Jido-Kaisyun Jido-Poruno ni kakaru Koi tou no Syobatsu oyobi Jido no Hogo tou ni kansuru Horitsu］

1. In view of seriousness of child sexual exploitation and the fact that child sexual abuse violate the rights of children, the purpose of this law is to protect rights of children by punishing acts related to child prostitution and child pornography, and by protecting the child whose mind or body is could be harmed by these acts (Article 1)
2. This law consists of three parts : punishment for acts related to child prostitution ; control of child pornography ; and, punishment for child trafｆｉ c related to child prostitution and child pornography.

3. Regarding the relationship to the Child Welfare Law, according to court precedents, sexual intercourse with a child is punished under the Child Welfare Law (Article 34 I No. 6). Therefore the question of which law is applied to sexual intercourse with a child is problematic.

(K. TOYOTA)