Preface
Marine Accidents Inquiry Law (Law No.135, 1947), the source of law of marine accidents investigation in Japan was enforced on February 29, 1948. This year (1999) is the fiftieth anniversary.
The number of cases of marine accidents inquiry exceeded to 40,000 during the past 50 years (half century) in Japan. We selected four judgements of marine accidents inquiry among the above figures with the most importance and summary show in English version.
We would like to touch upon the main characteristice of marine accidents investigation system in Japan. It provides a shout cut to better understanding about contents of judgement of Japanese marine accidents inquiry.
The main characteristics of the marine accidents investigation system in Japan are as follows:
1 Marine Accidents Inquiry Agency is an independent administrative organization , which carry out marine accidents inquiry. It follows a certain procedure, including no adjudication without offer for commencement of inquiry, no double jeopardy and open to public for oral proceedings.
2 The purpose of inquiry is to make clear the causes of such marine accidents to contribute to the prevention of such accidents from occuring, as well as to inflict disciplinary action on the licensed marine technicians or pilots (Examinees)and may give a recommendation to other personal (Designated Person Concerned in the Marine Accident).
3 The inquiry consists of system in two level. Local Marine Accidents Inquiry Agency conducts the first instance and High Marine Accidents Inquiry Agency conducts the second instance. Examinees inflicted disciplinary punishment by the second instance are admitted to file a suit to Tokyo High Court and furthermore can appeal to Supreme Court.
4 Inquiry consists of three (3) or one (1) Judges (the first instance), or five (5) Judges (the second instance), Commissioner and Clerk are present, Examinee or Designated Person Concerned in the Marine Accidents are principally present and Counsellor who are appointed by examinee or designated person concerned in the marine accidents is present at the inquiry. Concerning a serious accident, two exparts of specific matters particpate in an inquiry as Commissioned Judge, who is equal to a Judge.
Moreover Judges or Commissioners should be expert either navigation, marine engineering or naval architecture.
We hope an adequate understanding of four major marine accidents happened during the past half century in Japan would be acquired from this.
Marine Accidents Inquiry Association
