Category: Law

The Weekend Frog: “Wow, he isn’t a retard after all!”

Readdressing an age-old question: how does a visibly non-Japanese person deal with living in Japan?

Everyone in my office is bilingual to some extent, but the lingua franca is Japanese. When the three foreign employees use English in the office, people almost seem surprised at how good we are at it. Or, in the words of my boss, they seem to be thinking: “Wow, he isn’t a retard after all!”

But every day I have to go outside, into the Real Japan, where speaking English to a foreigner is a much more natural feeling. Hell, it’s practically a legal presumption now. I can tell you from personal experience that bureaucrats definitely treat you better when you speak to them in English. Even in our office, our Japanese clients are put at ease when they can practice their English on a foreign lawyer, but have the option to switch back into Japanese if the conversation starts getting difficult.

I occasionally poke around on mixi when I’m bored, and sometimes I enjoy slipping into the discussions in a group called 英語★できる人＆勉強してる人 (“ENGLISH – People who know it and people who study it”). A high school-aged girl in Yokohama made a post a few weeks back along these lines:

I’m working part-time at a convenience store now, and I get quite a few foreign customers. I don’t know much English, but I’m wondering what I should say to them in English. Any ideas?

There were a bunch of replies, with varying degrees of appropriateness. I decided to slip in the Debito answer to this question at the bottom of the thread:

These are all good ideas. One thing you should watch out for, though, is that many foreign people in Japan want to speak Japanese. So if you see someone and immediately think “Oh, I’m going to speak English to them!” they might not appreciate it. Of course everyone has a different attitude, but there are such people out there.

Now I disagree with that suggestion. I remember poking through a book that advised people learning Japanese to “say you don’t speak English.” That’s an effective response, but it always struck me as extreme. Do I really have to lie to speak in Japanese with people on the street?

The Debito answer isn’t the right answer. The better example comes from Anthony Bianchi, the Brooklyn-born city councilman in Aichi Prefecture who we started talking about a few days ago. He likes who he is. As a result, people like who he is. He doesn’t need to file lawsuits to get his way: he can get himself elected.

In the Campbell hero archetype, this is called being the Master of Two Worlds. This is what you get when you blow up the Death Star, ride your horse into the sunset or accept surrender papers on a battleship in Tokyo Bay.

Now, I started writing this post as a bitchfest after a trip to Wendy’s came out like this:

ME: Bacon burger set.
EMPLOYEE [apparently a trainee]: Uh…. fo-a hee-uh o-a to go-o?
ME: [getting impatient] For here.
EMPLOYEE: [motions vaguely toward the set options part of the menu]
ME: Fries. Pepsi.
EMPLOYEE: S, M, L?
ME: (sigh) I want the small size, please.

The employee proceeded to ring up a small fries and small drink, but no burger. I didn’t want to make the situation any more difficult for him, so I paid my 200 yen, ate and left.

But in the end, there’s a comfort zone in Japan. It’s not enough to be Japanese or American… you have to be able to be both at once. And that’s something I’ll have to work on a bit. Maybe that kid just wanted to speak English; maybe he isn’t a retard after all.

Japanese Justice

An anonymous German studying at a Masters course somewhere in Japan wrote this long and disturbing account of his false arrest for selling drugs.

The whole process culminated when after about hour and a half of searching my apartment a “Translator” came to talk to me. He was speaking a strange language (which turned out to be Farsi) and after it became obvious that I do not understand him, he left. At this point there was a bit of confusion but the person that seemed to be in charge said “He understands some Japanese so arrest him in Japanese” and they did so. At that time they showed me the “Arrest Warrant” and said they were arresting me for “selling JPY10,000 of Marijuana and JPY5,000 of Cocaine to Nakada Masakazu on October 15th of 2001.” They did not inform me of any of my rights or of the normal procedure. Since I am a bit familiar with American Judicial system through study and movies, I asked whether I am entitled to make one phone-call. At least I could do, I thought, is instruct my girlfriend to contact my embassy and potentially look for a lawyer. However, I was denied. After taking several essentials (they told me that I will be gone for only couple of days) with me I was taken away. To summarize, I was not told of any rights I might have (right to remain silent, right to a lawyer, etc.) at the point of arrest.

Two things strike me in particular when reading this story.

First, I’m somewhat amused that a German seemd to be basing his legal expectations on reruns of “Law and Order,” when Japan’s legal code is in fact based on Germanic civil law and not Anglo-American law at all.

Second, based on other accounts of the Japanese justice system I have read, he does not seem to have been treated particularly different because he was a foreigner. Of course, this is hardly a time to be all lovey-dovey about internationalization in Japan, since it only reinforces how ridiculously bad Japan’s criminal investigatory procedures are, and how little respect is given to anyone accused of a crime, regardless of evidence or alibi.

Luckily, this particular victim was released without charges, and his university was understanding enough to allow him an extension on his thesis. The bad news: he never even got to see the evidence against him, an official notice of dismissal, or even an official record of his arrest.

[Update] Joe suggests in a comment that the original author of the story may not be German after all. Having just ran the German introduction through Google translator, it does seem possible.

my friend on English has 23 days in the Japanese Knast the following report over his meeting with the Japanese law machine wrote down. Only now, several years later, he permitted me to publish it here (names all changed). My friend was arrested by the Japanese police, when the police looked for its Iranian house neighbour in Tokyo for an accomplice, that had been indicated as Drogendealer. The informant had described the accomplice as a “foreigner with glatze” – applied also to my friend. That and the house neighbourhood should also the none indications remain, which could supply police and public prosecutor’s office during the 23 days, which mean it friend held. The Iranian had pulled at all only for a long time after the informant had observed him and the accomplice, into the apartment in the house of my friend. At the latest this chronological discrepancy would have means friend back on free foot to bring to have. Not so in Japan. Nobody felt responsible. It was more important to all involved ones to protect the face and to pull the once angeleierte Tretmuehle through up to the bitter end, than help an obviously innocent one to its right. It becomes completely clear also that the responsible persons a wrong confession of my friend would have come very much zupass – even at the price that the true accomplice would then sell further unimpaired drugs.

At least I can safely guess what “Drogendealer” means.

Uncontent with barking up trees, Chinese plaintiffs switch to pissing in wind

Since Japanese courts will not award them compensation, Chinese plaintiffs are now suing the Japanese government in Chinese courts to claim damages for Japanese actions during World War II.

None of the more than 20 cases since the early 1990s had ended in success, Tong Zeng, a campaigner for the cause and chairman of the non-government Chinese Association for Claiming Compensation from Japan, was quoted on Monday as saying.

“The likelihood of us winning the cases in the Japanese courts, influenced by right-wing forces who show no remorse at all, is very small” the Beijing Times quoted Tong as saying.

The Japanese government insists that the issue of war reparations was settled by the 1951 San Francisco Peace Treaty, that formally ended the war, and by later bilateral treaties. It says all wartime compensation issues concerning China were settled by a 1972 joint statement establishing diplomatic ties.

But Chinese courts also had jurisdiction over the claims and could hand down more fair verdicts — by trial in absentia if necessary, Tong was quoted as saying, adding the number of the lawsuits might jump due to the lower cost.

Now, I’m sure a Chinese court can get around Paragraph 5 of the Joint Communique of 1972:

The Government of the People’s Republic of China declares that in the interest of the friendship between the Chinese and the Japanese peoples, it renounces its demand for war reparation from Japan.

‘Cuz, after all, it isn’t the government asking for reparations. But that’s besides the point.

Unfortunately for these plaintiffs, they’re obviously wasting their time, because you can’t effectively sue the Japanese government in China. This badly formatted but still useful summary details how foreign judgments are enforced in Japan. You have to go to Japanese court, and they have to make the following analysis before giving an injunction to enforce the foreign judgment.

Article 118 of the Code of Civil Procedure

A foreign judgment which has become final and conclusive shall have effect only if it satisfies the following conditions:

i. the foreign court has jurisdiction according to laws or treaties;

ii. where the defendant has lost the case, he was notified of the litigation by service of documents (except service by publication) or he had entered appearance before the foreign court;

iii. neither the judgment nor the procedure of the foreign court is contrary to the ordre public of Japan; and

iv. there exists reciprocity.

Japanese courts refuse to enforce foreign judgments on “public policy” grounds all the time. For instance, if a Japanese defendant is ordered to pay punitive damages by a U.S. court, no Japanese court will enforce that part of the verdict, because punitive damages are against “public policy” under Japanese law.

Given that these “right-wing” Japanese courts have already dismissed many claims for reparations, who’s to think that they’ll change their mind just because the case was tried in a different forum?

I’ll grant you that these new lawsuits in China will be a PR field day for the Chinese government. A verdict might come down; Chinese police might try to seize Japanese assets in China, or something crazy like that, and will probably make governments the world over scratch their heads about whether they really want to do business in the Middle Kingdom.

But that’s all they’ll be good for. Aside from having their issue publicized, the plaintiffs are not going to benefit. Meanwhile, watch as Sino-Japanese relations become even more screwed up. I’m glad to be living in Japan, where most people don’t subscribe to this lunacy (they have much more interesting lunacies here).

News to Me: Brooklyn native elected to Inuyama, Aichi Pref. City Council in 2003

It seems I am a bit late to the ball, but as a follow up to my bit on the expanding role of foreigners in Japan in my “Japan apologists” post, I’d like to introduce you to the first American elected official in Japan, Anthony Bianchi, who was voted into the city council of Inuyama City, Aichi Prefecture in April 2003. The best way for you to learn about him is to listen to this 2003 NPR interview (Requires Windows Media Player). The native Brooklynite came to Japan as an English teacher in 1989, married a Japanese woman and became a naturalized Japanese citizen in 2002 after 3 years of paperwork. It’s great to hear him explain in his thick Brooklyn accent how he managed to get more votes (3,000) than any native-born Japanese candidate in the election.

He explains that the keys to his huge success were: a) His years of teaching produced a large contingent of people of voting age who knew him from being his student; and b) Dissenting voters appreciated his promises to bring a more open style of politics to the city. In Inuyama, a suburb of Nagoya with a population of 73,000, he was able to ride his close relations with the citizens and a populist platform (given all the more relevance by his status as an experienced outsider) to victory in a low-turnout election.

Bianchi speaks in an earnest, convincing manner and uses American-style aggressive political tactics to push populist causes. His first initiative was easy: he demanded that the mayor carry out a plan to broadcast city council proceedings on the Internet, something that many other cities had done already but that Inuyama had been dragging its feet on. But it made for great press when he demanded the change in his first question after being elected. Thankfully, he did it, so now the world can watch him spout off about fascinating topics like government procurement and public comment systems here (requires Internet Explorer).

Bianchi’s story is a fascinating example of how a Western foreigner can successfully assimilate in Japan. He campaigned on a platform of “Protect traditions together and make the future bright for the sake of Inuyama,” and his homepage exclaims, “Progress over precedent, common sense over ordinances!” He also looks to be very involved in the Japanese vision of “internationalization” meaning lots of cultural exchanges and eikaiwa classes.

Bianchi’s political style stands in stark juxtaposition with that of a better-known Western-born activist in Japan, Debito Arudo (Pictured below). Debito, also a naturalized Japanese citizen who was born and raised in the US (California), is much more confrontational, divisive, and preoccupied with identity politics. Continue reading News to Me: Brooklyn native elected to Inuyama, Aichi Pref. City Council in 2003

Abortion for guys

There’s an awesome article on FindLaw about abortion… and specifically, about the discrimination against men in the current abortion system. I recommend reading the whole thing, but if you’re lazy, here are the highlights.

…[A] woman has the ability forcibly to place her unwitting partner or ex-partner in a position he never wanted to occupy—that of a father—with all of the financial and emotional baggage that the status carries.

Some fathers’ rights advocates feel so strongly about this reproductive inequity that they maintain that if either a man or a woman wants to terminate a pregnancy, against the wishes of the other partner, he or she should be able to do so. According to the New York Times magazine, Michael Newdow, for example, railed against “the imbalance in reproductive rights—women can choose to end a pregnancy but men can’t….” Newdow then cut himself off, in order, he said, not to “alienate” the interviewer.

Newdow, of course, being the plaintiff in the Pledge of Allegiance suit. Continues the article:

There is a less extreme version of this argument: Men and women may be differently situated with respect to pregnancy, so that women but not men have the right to terminate an unwanted pregnancy. But with rights come responsibilities, and a woman who gives birth without the biological father’s blessing should not be able to collect child support from him. By failing to terminate her pregnancy in accord with the father’s wishes, in other words, she should assume the risk of parenting the child alone.

Some have referred to this approach as the right of men to a “financial abortion.” A man who does not want his child brought into the world should let his sexual partner know of his feelings, they contend, and if she nonetheless goes on to keep the child that she conceives with him, then he should have the right to “choose” not to affiliate with that child and not to provide support. He should be entitled to opt out of the role of parent in the only way he can, just a woman is able to opt out absolutely by having an abortion.

Like I said, read the whole thing: this is a good policy question to churn your mental cogs, partly because it’s so counter-intuitive to the conventional wisdom.

Niimi files final appeal

I mentioned the other day that Niimi Tomomitsu, one of the leaders of the Aum Shinrikyo cult, had recieved a death sentence. Naturally, he has filed an appeal.

The lawyers claim hanging is too harsh a punishment for Niimi, 42, reckoning that as Aum founder Shoko Asahara’s most loyal disciple, he had no option but to follow the guru’s orders.

The Tokyo High Court on Wednesday upheld the district court-meted death penalty against Niimi, with the judge saying there were no mitigating circumstances.

He was found guilty of conspiring with Asahara and other cultists who carried out the March 20, 1995, sarin attack on the Tokyo subway system that killed 12 people left more than 5,000 injured.

He was also convicted for his roles in the June 27, 1994, sarin attack in a residential area in Matsumoto, Nagano Prefecture.

Should his final appeal fail, I think it is safe to assume that he will, as in all things, follow the lead of the Esteemed Master Asahara Shoko-masturbate in public and hope for the best.

Japanese government takes a bite out of wonky translations

One little-publicized project being undertaken by the Japanese government right now is to write official English translations of the most important Japanese statutes. This is being done by a special Conference for Examination of the Implementation and Foreign Translation of Laws (法令外国語訳・実施推進検討会議), which has met several times over the past few years (see the Cabinet Secretariat website).

As part of this project, the government is creating an official Japanese-English legal glossary, and trying to end the practice of using awkward English translations for Japanese legal terms. Some of the changes, as reported by the Asahi Shimbun:

  • 法律, which has previously been translated as “Law,” will now be translated as “Act” or “Code.” This is a really, really good change. The translation “Company Law” for 会社法 has always made me chuckle: my American legal ears expect it to be called “Corporations Code.”
  • 株式会社, glossed in most dictionaries as “joint-stock company,” will now be translated as “business corporation.” This is an awesome change. I don’t think native English speakers have talked about “joint-stock companies” since the days of Queen Victoria.
  • 法人, previously called “legal entity,” will now be called “juridicial person.” I really wish they would just call it a “corporation.” ALC seems to back me up on this one.
  • Here’s a real stinker: 時効, the Japanese equivalent of what Americans refer to as a “statute of limitations,” is going to be called a “prescription.” WTF? This word has so many meanings in English, and it’s hardly ever used in this sense.

Asahara – still crazy

For all you Aum watchers, make sure to take in this article on the English Mainichi. It’s actually been posted for a week or so, but I just ran across it. The former cult leader, who is responsible for a number of atrocities, was sentenced to death a little while back, but seems to be working very hard to delay the (cough, cough) execution of that sentence for as long as possible by faking insanity.

“He took off his trousers and diapers, exposed his genitalia and masturbated. He repeated the same action frequently. Whenever he acts like that, he drops his trousers, his diaper and diaper cover to his knees, finishes the act, then raises his trousers up to his waist again,” Friday quotes the Nishiyama Report as saying.

The weekly goes on to note that Asahara does not restrain his self-ministrations to times when he’s alone in his cell at the Tokyo Detention Center.

“In April 2005, just before the accused’s lawyer entered a visiting room, the accused exposed his penis and began masturbating, continuing until he had finished while the lawyer stood before him the entire time. He has repeated this act of masturbation in the visiting room, as well as in his solitary confinement cell since being placed under observation in May. He also performed the act in front of his daughters when they came to visit him in August of the same year,” the Nishiyama Report says.

On the other hand, Asahara is well documented as having been bat-shit crazy at the very least since 1983, so who am I to accuse him of just putting on a show?

Government of Japan Places Full Names, Addresses of Newly Naturalized Citizens on Internet

As fellow Japan watchers, haven’t you ever wondered what kind of people decide to naturalize as Japanese citizens? Well, according to the Ministry of Justice, it’s vastly Chinese and Koreans followed by “Other.”

But let’s say you wanted a little more detail. In fact, let’s say you were so curious about what kind of people are deciding to become Japanese that you wanted to visit each of them personally and congratulate them? Sounds impossible, right?

Wrong! As I was digging through some government regulations today, I noticed that the government of Japan publishes the full names, addresses, and birthdates of every single naturalized citizen on the Internet via the online version of its Government Gazette (“kanpo” in Japanese), the official public registry for new laws, regulations etc. You can even see who celebrated a very lucky St. Patrick’s Day with their official acceptance into Japanese society. Or you can check out the online archives going back 1 year at the Prime Minister’s Office website. And I am sure if you took a trip down to the Diet Library the nice librarians would be happy to allow you to peruse the Kanpo archives.

With the Japanese people in an uproar over leaks of personal information, often to unscrupulous scam artists, it should come as nothing less than a slap in the face that the government is publishing their fellow citizens’ home addresses. I’m just a curious nerd, but what’s to stop some right wing group from harassing new citizens for tainting Japan’s supposedly sacred and pure bloodline? (Of course, they’d have to go looking for it at a relatively obscure and boring government website, but gosh darnit, it’s just like that Clint Eastwood movie where all the celebrities get put on a hit list!)
Continue reading Government of Japan Places Full Names, Addresses of Newly Naturalized Citizens on Internet

Update on used electronics restrictions – some good news

Update to an earlier post where I discussed Japan’s new restrictions on sales of second hand electronics. I’ll start by summarizing what I know about the issue so far, and then add the good news at the end.

To summarize, Japan is (from April 1) requiring that most used electronics older than 5 years of age must be certified as electrically safe for usage before resale, which puts a serious cramp in the business of small scale used goods stores. While few people really care about being able to get their hands on a decade old refrigerator or rice cooker, fans of vintage electronic musical instruments were particularly outraged, and organized a strong campaign against the new regulations.

This issue became widely discussed on the English internet when retro gaming fans became scared that sales of used consoles would become illegal. I pointed out that foreign export sales of all items will remain unrestricted, which is at least a boon to retro electronics fans outside of Japan, but it could still potentially cause problems for Japanese gamers.

Since the regulations are about electrical safety, in the case of units that operate off of an external power supply, it seems that only the power supply itself will be tested, and there will also be a grace period of 2 additional years before regulations regarding AC adapters and power cords come into effect. Now, it would be possibly to replace the old power supply with a newer one of the correct voltage/amperage, but that’s a rather serious step for an ordinary gaming store, and would probably cause serious price increase. Also, there are unfortunately a few models of consoles that integrated the power supply, which means that they will be affected right on April 1, without the AC adapter related grace period.

HOWEVER, thanks to an anonymous comment, I noticed that there is some very good news on this front. In fact, I’ll just repost the text of the comment below, since it covers it pretty well.

Yesterday March 14, 2006 the Japanese ministry in charge of the PSE law and its interpretation announced that “Vintage Electric Equipment” including guitar amps, audio, electric musical instruments, and electric powered photographic equipment etc. will be exempted from full PSE testing requirements, and will be allowed to sell after a simplified registration procedure is followed by the merchant.

For those who can read Japanese, see news item at Yahoo Japan:
http://dailynews.yahoo.co.jp/fc/domestic/pse_law/
http://headlines.yahoo.co.jp/hl?a=20060314-00000053-mai-bus_all

Also notice that major second-hand audio retailer HiFi Do had already registered with the ministry as a re-manufacturer of used audio equipment and has set itself up to do fully compliant testing and certification, and also will equip each piece of used equipment they sell (after testing and modifying the equipment to comply with the law) with a properly registered PSE sticker.

See http://www.hifido.co.jp/merumaga/osu_sale/060310/

So this means the good Ryuichi Sakamoto (who campaigned against the law prohibiting sale of vintage synthesizers etc.) and his friends were successful.

Check out that last link for a neat series of photos of the solder-smiths at Hifido testing, repairing, and certifying equipment under the new PSE regulations (the source of the above image.)

According to the Mainichi Shinbum, the Japanese Synthesizer Programmers Association delivered a petition with 75,000 signatures to the PSE office, prompting their decision to reclassify musical equipment. This is obviously great news for fans of vintage music and photographic equipment, it also offers hope to retro gamers. While gaming machines (software and peripherals are of course safe, since they aren’t serious electrical conduits) are still classified as restricted items, this decision clearly opens the door for their inclusion on the list of vintage, exempt, items. While their may not be a Japanese Vintage Gaming Association, I wouldn’t be surprised to see some higher-ups from companies like Nintendo or Sega step forward and ask the government not to cordon off their legacy with red tape.