Relaxing the Barber and Beautician Laws

As Adamu noted about a year ago, Japan recently deregulated the laws regarding haircuts, opening up the route for discount barbershops. As I noted in comments, Japan treats 理容師 (riyoushi, barbers) and 美容師 (biyoushi, beauticians) with different legal and health and safety regimes. In summary:
* A barber is generally much cheaper because their scope of work is limited—they can give you haircuts, shaves, perms and dyes, but that’s about it. You can work in this industry as long as you’re operating in accordance with the law, with minimal licensing requirements. The Japanese text of the law is here.
* A beautician is authorised to do a lot more, from nails to massages to hair extensions to whatever else (but they cannot shave your face), but this is more expensive because the required training prior to licensing is more expensive, and the scope of expertise is much broader. Notably, a beautician is prohibited from shaving a man’s beard, which is the exclusive work of a barber. The Japanese text of the law is here.

Both are restricted from working at anywhere other than a licensed and designated place of business. The Barber law reads:

第6条の2 理容師は、理容所以外において、その業をしてはならない。但し、政令で定めるところにより、特別の事情がある場合には、理容所以外の場所においてその業を行うことができる。
Article 6-2: A barber must not conduct work outside a barbershop; provided that, in the terms of a ministry order, in special circumstances, they may do work at a place outside a barbershop.

Then, the Beautician Law reads:

第7条 美容師は、美容所以外の場所において、美容の業をしてはならない。ただし、政令で定める特別の事情がある場合には、この限りでない。
Article 7: A beautician must not conduct work outside a salon; provided that, in special circumstances set by ministry order shall not be so restricted.

Yet in the wake of the earthquake that has devastated the Tohoku region of Japan, the government has relaxed laws on haircutting to allow barbers and stylists in areas affected by the earthquake, allowing them to clip and style at evacuation shelters or any other makeshift location, for a period of two years starting this month.

This might seem like trivia — but as Adamu discussed in his previous post noted above, this does something to chip away “guild-based restrictions” that could result in permanent deregulation and thus lower pricing.

“Expensive Fools,” then and now

Many billions of dollars have been spent by Japan’s top companies in the last decade to develop the next generation of robots — famous for such technical marvels as expressing human emotions on a silicon face, bipedal walking, roller-skating, playing musical instruments, and cooking meals. Japanese companies such as Hitachi, Toyota, and Toshiba are broadcasting ads and posting billboards across the globe that show-off their latest robotic achievements. These products aren’t for sale. You cannot buy they for industrial or commercial use. But their existence suggests a fantastic future where robots will be serving us in all sorts of tasks, both menial and complex.

Too bad this is so utterly removed from reality. For all of Japan’s collective effort in developing its robotics industry, TEPCO has had to turn to iRobot, — a Massachusetts-based company — for the Packbot, a simple yet practical robot equipped with simple claws and cameras, to enter the Fukushima plants. The robot first entered the plants on Sunday (a month after the disaster, after it became clear that no Japanese robots were up for the task) taking measurements and photographs of areas where it was unsafe for humans to venture. (Interestingly, but not surprisingly, Japan has refused robots provided by the Chinese military.)

On that note, iRobot is also the company that brought us the Roomba, a robot that vacuums the floor and which is probably the most popular robot among Japanese consumers — showing that Japan Inc.’s investment in robot technology cannot save it, even in its home market. For all the fanfare in recent years, in truth, Japan’s robots are so advanced that they have skipped a generation of usefulness. The robotics on display by Japan Inc. may be useful in ten years, but they are nothing more than gimmicks today.

Coincidentally, just hours after I read the above article on TEPCO having to go to iRobot for robots to use in Fukushima, I was browsing through Michael E. Porter’s tome, The Competitive Advantage of Nations (which is just as heavy a book as it sounds). Published in 1990, one case study in the book addresses Japan’s robot industry, and I found this section prophetic:

The first robots used in Japan were imported from the United States in 1967. The Japanese robotics industry had its beginning in 1968, when Kawasaki Heavy Industries signed a licensing agreement with Unimation. Kawasaki was both a major potential user of robots as well as a producer of related products and services. It produced a broad range of machinery and parts, including engines, motorcycles, aircraft, machinery, complete plants, and ships. In 1969, Kawasaki began to sell Unimate robots, the first robots produced in Japan. Kobe Steel was also an early licensee of American robot designs.

The early Japanese robots produced results that were somewhat less than expected. They were often referred to as “expensive fools” and many were relegated to the corners of factories to collect dust. However, Japanese firms began to improve upon the robots they imported. Kawasaki redesigned some of the parts of the Unimation machines and upgraded its quality. In the late 1960s, the mean time between failures (MTBF) of an imported robot was less than 300 hours. By 1974, Kawasaki had achieved an MTBF of 800 hours. By 1975, this figure was 1,000 hours.

It’s a total cliche about Japanese business from the late 20th century: “Japan doesn’t invent things well, but they are great at improving things.” It’s a cliche so tired that it’s rarely rolled out much anymore. Yet as I read this, I realized that the observation from 1990 is still true, and is being echoed in real life events more than twenty years later.

Japan must get back to doing what it does best — improving, not inventing. If Japan’s researchers were tasked with improving the Roomba or the Packbot, I bet they’d do an amazing job. But left to their own devices, with the task of making something new, Japanese researchers, for whatever reason — dedicate themselves to creating a robot that can cook okonomiyaki and play the violin — and for what? Another generation of “expensive fools” destined to collect dust, due to the minor value the products provide in industrial and consumer markets.

Adamu in Tokyo after the earthquake

There have been many many reports about what it’s like on the ground after the earthquake, but I thought I would offer my perspective.

The day of the earthquake, I was working in downtown Tokyo on the 29th floor of a two-year-old office building. At around 2:40pm it started rumbling, then swaying sharply back and forth. The bucho yelled for everyone to take cover, so we put on our emergency helmets and hid under the desk. The swaying continued for what felt like forever. Thinking this might be the end, I tried frantically to get my wife on the phone but it did not work. I got a hold of Mrs. Adamu via the office phones and she was fine.

Not knowing what else to do, some of us kept working on reports that needed to get published that day, even amid the aftershocks. Around 6, we started making plans to go home.

The head translator and I made our way to Ueno, where he wanted to get a hotel room. My plan was to continue all the way home. The streets were packed with people trying to get home, but it felt more like the crowd after a baseball game than a disaster. At a bicycle shop, some people were purchasing bikes to get home faster. I decided that would be a waste of money. The hotel rooms were all packed so I had the head translator stay with me.

At Ueno we decided to stop by Shoryu, a Chinese restaurant known for its big gyoza. This might not have been the safest move, since a fierce aftershock could have trapped us in the basement floor where it was located.

After that, the walk home was just a slog. The throngs of pedestrians thinned to just crowds and then just a small group as we approached Katsushika-ku.  The lines at the payphones died down around Asakusa where I updated Mrs. Adamu on our condition. On the way back, one family was offering passersby to use their toilet if necessary.

We eventually got home, turned on the TV and the first thing we saw was Kesennuma-shi on fire. Made me sick to my stomach. Wanted to shower but the gas had been turned off. We later realized it was an automatic shutdown for safety during the earthquake. The apartment was only lightly damaged. My computer monitor had been pushed forward off the front of the desk and was hanging by its cables. The laundry detergent had spilled behind the machine. For some reason all the sliding windows were open.

Couldn’t sleep because of aftershocks. The next morning Mrs. Adamu got late morning trains back home.

Since then life has been a little surreal. I have not missed a day of work, but I was among the very few in the office on Monday since the rolling power cuts left many train lines out of commission. The news is a constant, numbing stream of tragedy and emergency warnings. I have not really had the heart to do much blogging about it.

All in all, I am thankful that Tokyo was spared and cannot complain much about the situation given the devastation up north. Still, it’s tense and everyone is pretty nervous. Some friends and coworkers have sent their families elsewhere. Food is gone from the supermarket shelves. My mom has been receiving many many calls from friends and relatives asking about me, and she is freaking out about the nuclear situation.

You can follow my regular updates on Twitter at www.twitter.com/adamukun

 

Where can an international lawyer go adventuring?

As some readers may know, Curzon is a lawyer — qualified in the US, but working first in Japan and now in Dubai. A common question that I’ve heard through my years of practice is, “How do you practice law if you’re a US lawyer in [Tokyo/Dubai]? Are you advising on US law?”

The answer to that is: no, not really. The role of many US and English lawyers working overseas is that of “international counsel.” (Why that role is generally limited to US and English lawyers is a story for a different day.) International counsel will often know or learn local law, but the biggest role for these lawyers is to “manage the deal.” Consequently, it’s not surprising that one of the core skills that international law firm say they are looking for today in lawyers is “project management skills.”

Of course, international lawyers practicing in various countries around the globe must comply with local law — and countries regulate foreign lawyers and their practice of law in a variety of different ways, which I break into four categories:
Continue reading Where can an international lawyer go adventuring?

The endangerered species known as local government assemblymen

The number of local government councilmen in Japan dropped a staggering 39% from 2003 through 2011, according to a recent survey by the Asahi Shinbun. The average compensation for assemblymen also dropped by 8% over the same period.

The drop was most pronounced in the municipalities that merged during the “Great Heisei Merger” of municipalities from about 1999, but it wasn’t limited to just those municipalities and also included prefectures. Municipalities subject to merger over the last ten years or so saw a drop of 58% in the total number of assemblymen — losing more than half the total numbers in just 8 years. The largest single drop was Niigata City, which ten years ago was 13 municipalities, where the merger resulted in a total of 314 local assemblymen to just 56, a drop of 82%. Even in the largest cities of the greater Tokyo area, and large cities mandated by cabinet order (seirei shiteishi), these regions saw a drop of 14% in the number of assemblymen, even though most of these regions were growing.

Having observed politics in the US and in Japan very closely for the past decade, what this shows to me is a surprisingly positive side of reform in Japan. The US would never be able to achieve this type of reduction of publicly elected officials, not even during the “Reagan Revolution.” In Japan it took place through a relatively silent, technocrat revision of government. It was a relatively top-down reform, implemented by incentivizing (or bribing) local municipalities to cooperate with money benefits and guarantees on various financial obligations, and while there are criticisms on both sides about the scope of the reforms, to me, this is a promising sign for Japan’s ability to change in the future.

Zen Training at Engakuji

Engakuji

**BUMP–Registration will close in the next couple of days**

Engakuji (円覚寺), one of the major temples in Kamakura and training site of D.T. Suzuki, is holding its Spring Student Zazen Training Session from March 4-6. Application is open to anyone (including non-students).

I attending the Fall training session last year with almost no prior experience and found the weekend intense but very rewarding.

More details on the website (Japanese) here.

If any readers in Japan are interested in attending, please fill out this application form and send it to the temple via fax or mail. The sessions tend to be popular so I suggest applying as soon as possible. Neither prior experience with meditation nor advanced Japanese skills are necessary but having one of these is helpful.

I’m happy to answer any questions/concerns in the comments section.

No flag burning please, we’re Japanese

Russia calls for probe into provocative actions of Japanese extremists

Russian Foreign Minister Sergei Lavrov called on the Japanese authorities on Tuesday to prosecute Japanese radicals for desecrating a Russian flag during protests over a territorial dispute between the two countries.

Japanese ultra-right campaigners dragged the Russian flag along the ground outside the Russian Embassy in Tokyo on Monday amid the heating up of a diplomatic row between Russia and Japan over four islands off Russia’s Far Eastern coast, called the Northern Territories in Japan and the Kuril Islands in Russia.

“Not only did we protest, but we also asked the Japanese authorities to launch a criminal case over the desecration of the Russian flag,” Lavrov said. “We were told that in Japanese law there is an article that forbids the mockery of foreign state symbols.”

Correct, FM Lavrov! Article 92 of Japan’s Criminal Code is referred to as 外国国章損壊罪 (gaikoku kokusho sonkaizai), or “Foreign National Symbol Damage Crime”). Clause 1 reads: “A person who damages, destroys or sullies a country’s flag or other national symbol, with the intention of insulting that foreign country, shall be punished with up to two years imprisonment and a fine of up to JPY200,000.”

Importantly, this crime is a 親告罪 (shinkokuzai), and requires the formal request of the victim for the prosecutor to proceed. Clause 2 reads: “The crime in the previous clause shall require the request of the foreign government to be prosecuted.” So Russia’s statement is required for the prosecutors to act.

How many such cases have there been? Not surpringsly, very few.

* In July 1956, the Qing Imperial flag was destroyed at an Osaka demonstration. The Osaka Prosecutors ruled that as the flag was private property, the act was not subject to prosecution.
* In May 1958 in Nagasaki, a man desecrated a PRC flag and was fined JPY500 by the police. Both the ROC (the government of which Japan recognized as the government of China at that time) and the PRC (which Japan did not recognize) made formal complaints, and resulted in some commercial contracts between the two countries being terminated.
* After an October 1993 soccer game in Qatar when the opposing Iraqi team tied with a final goal that disqualified Japan from the final rounds (known as the “Doha Tragedy“), Japanese supporters tore down the Iraqi flag at the Iraqi Embassy in Tokyo. The Iraqi embassy response was that the reaction was a “natural expression of patriotism” and they asked that the flag be returned by mail.

Japan is unique in that it only prosecutes desecration of foreign national symbols. There has never been a law prohibiting or punishing the desecration of the Japanese national flag. One reason is that, when the Criminal Code was drafted in Meiji Japan, the Emperor was soveign, and crimes against the emperor were the crimes against the state. These provisions of the law were cancelled after World War II.