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CHAPTER 8 MISCELLANEOUS PROVISIONS
(Immigration Inspector)
Article 61-3. An Immigration Center and a Regional Immigration
Bureau shall have Immigration Inspectors assigned.
2. The duties of an Immigration Inspector shall be as follows:
(1) To conduct examinations and hearings concerning landings
and deportations;
(2) To issue written detention orders or written deportation
orders;
(3) To carry out provisional releases of detainees under written
detention orders or written deportation orders;
(4) To conduct inquiries into facts concerning recognition of
refugees.
3. An Immigration Inspector of a Regional Immigration Bureau
may, if he finds it necessary, discharge his duties beyond the
area over which the Regional Immigration Bureau exercises its
jurisdiction.
(Immigration Control Officer)
Article 61-3-2. An Immigration Center and a Regional Immigration
Bureau shall have Immigration Control Officers assigned.
2. The duties of an Immigration Control Officer shall be as follows:
(1) To conduct investigations with regard to cases of violation
of the provisions of laws and ordinances relating to entry, landing,
or residence;
(2) To detain, escort, and send back those persons who are subject
to execution of written detention orders or deportation orders.
(3) To guard Immigration Centers, detention houses, or any other
facility.
3. The provisions of Paragraph 3 of the preceding article shall
apply mutatis mutandis to an Immigration Officer.
4. The Immigration Control Officer shall, in the application
of the National Public Service Law (Law No. 120 of 1947) be deemed
a member of the police force.
5. The ranks of the Immigration Control Officers shall be determined
by a Cabinet Order until such time as the position classification
may be decided in accordance with the Law concerning the Position
Classification Plan for the National Public Service (Law No.
180 of 1950).
(Carrying and use of Weapons)
Article 61-4. An Immigration Inspector and Immigration Control
Officer may carry weapons in discharging their duties.
2. An Immigration Inspector and Immigration Control Officer may
use their weapons with respect to the discharge of their duties
within the limitation adjudged reasonably necessary according
to the circumstances. However, they shall not injure a person
except in any one of the following cases:
(1) The case falls within Article 36 or Article 37 of the Penal
Code;
(2) A person subject to an execution of a written detention order
or deportation order attempts to resist the Immigration Inspector
or Immigration Control Officer discharging his duties with respect
to such a person or a third person resists the Immigration Inspector
or Immigration Control Officer in his attempt to let the said
person escape and the Immigration Inspector or Immigration Control
Officer has sufficient reason to believe that there is no alternative
means to prevent it.
(Uniform and Identification Card)
Article 61-5. An Immigration Inspector and Immigration Control
Officer shall, when they discharge their duties, unless otherwise
provided for by laws and ordinances, wear their respective uniforms
or carry with them a proper identification card indicating their
official status.
2. The identification card mentioned in the preceding paragraph
shall be produced upon request to the person against whom the
Immigration Inspector or Immigration Control Officer is to discharge
his duties.
3. The forms of the uniforms and identification cards mentioned
in Paragraph 1 shall be prescribed by the Ministry of Justice
Ordinance.
(Detention House)
Article 61-6. A Regional Immigration Bureau shall be furnished
with a detention house for detaining persons subject to enforcement
of written detention orders.
(Treatment of Detainee)
Article 61-7. The person detained in an Immigration Center or
detention house (hereinafter referred to as "detainee")
shall be given the maximum liberty consistent with the security
requirements of the Immigration Center or the detention house.
2. The detainee shall be provided with prescribed beddings and
supplied with prescribed food.
3. The supplies furnished to the detainee shall be adequate and
the accommodation of the Immigration Center or detention house
shall be kept sanitary.
4, A Director of the Immigration Center or Regional Immigration
Bureau may, when he considers it necessary for security or sanitation
purposes of the Immigration Center or detention house, examine
the person, personal effects, or clothing of the detainee, and
may keep in custody the detainee's personal effects or clothing.
5. A Director of the Immigration Center or Regional Immigration
Bureau may, when he considers it necessary for the security of
the Immigration Center or detention house inspect communications
the detainee dispatches and receives, and may prohibit or restrict
such dispatch and receipt.
6. Besides those provided for in the preceding paragraphs, necessary
matters concerning the treatment of detainees shall be prescribed
by the Ministry of Justice Ordinance.
(Cooperation of Other Administrative
Organs Concerned)
Article 61-8. A Director general of the internal bureau of the
Ministry of Justice as may be prescribed by the Cabinet Order,
or Director of an Immigration Center, or a Regional Immigration
Bureau may request the necessary cooperation of the National
Police Agency, the Metropolitan Police Department, Prefectural
Police Headquarters, the Maritime Safety Agency, Customs, Public
Employment Office and other administrative organs concerned with
regard to the performance of immigration control and recognition
of refugee status.
2. Any administrative organ concerned whose cooperation has been
requested pursuant to the provisions of the preceding paragraph
shall comply with the request to the extent that such an action
will not interfere with the performance of its primary functions.
(Basic Plan for Immigration Control)
Article 61-9. The Minister of Justice shall formulate a basic
plan for the control of entry and residence of an alien (hereinafter
referred to as Basic Plan for Immigration Control), in order
to exercise equitable control over immigration affairs.
2. The Basic Plan for Immigration Control shall provide for the
following matters.
(1) Matters relating to the situation of aliens entering into
and residing in Japan.
(2) Matters relating to guidelines for the control of entry and
residence of an alien.
(3) Matters necessary for implementation of the control of entry
and residence of an alien, other than those included in the preceding
two paragraphs.
3. Prior to the formulation of the Basic Plan for Immigration
Control, the Minister of Justice shall consult with heads of
the relevant administrative organs.
4. The Minister of Justice shall announce without delay the outline
of the Basic Plan for Immigration Control when it is formulated.
5. The provisions of the preceding two paragraphs shall also
be applied in the event of the modification of the Basic Plan
for Immigration Control.
Article 61-10. The Minister of Justice shall endeavor to exercise
equitable control over the entry into and departure from Japan
of an alien, based on the Basic Plan for Immigration Control.
(Furnishing of Information)
Article 62. Any person may, if he has knowledge of an alien whom
he believes comes under any one of the items of Article 24, inform
to that effect.
2. Any official of the Government or a local public entity shall,
if he has come to have the knowledge of such an alien under the
preceding Paragraph in the performance of his duties, inform
to that effect.
3. In case the alien referred to in Paragraph 1 is serving a
sentence and is to be released due to completion of the enforcement
of sentence, stay of execution of penalty or for any other reason
(excluding provisional release from the Prison), or in case such
alien is to be released from the Reformatory or Women's Guidance
Home after being subjected to the disposition referred to in
Article 24, Paragraph 1, Item (3) of the Juvenile Law or in Article
17 of the Anti-Prostitution Law (Law No. 118 of 1956), the Chief
of the Correction Institution (including the Chiefs of the Branch
Prison, Branch Reformatory and Branch Women's Guidance Home;
hereinafter the
same) shall inform to that effect promptly.
4. In case the alien referred to in Paragraph 1 is serving a
sentence or has been committed to a Reformatory under the disposition
referred to in Article 24, Paragraph 1, Item (3) of the Juvenile
Law or commit ted to a Women's Guidance Home under the disposition
referred to in Article 17 of the Anti-Prostitution Law and the
District Offenders Rehabilitation Commission has decided to grant
to him provisional release from the Prison, Reformatory or Women's
Guidance Home, it shall inform to that effect immediately.
5. The information provided for in the preceding four paragraphs
shall be furnished, orally or in writing, to a competent Immigration
Inspector or Immigration Control Officer.
(Relation to Criminal Procedure)
Article 63. In case the procedures provided for by laws and ordinances
relating to the criminal suit, enforcement or sentence, of treatment
of the inmates of the Reformatory or Women's Guidance Home are
carried out for any alien coming under any one of the items of
Article 24, procedures for deportation may be taken against such
an alien in accordance with the provisions of Chapter V (excluding
Section 2, Articles 52 and 53) applicable mutatis mutandis, even
when he is not detained. In this case "request the appearance
of the suspect" in Article 29, Paragraph 1, shall read "request
the appearance of the suspect or make a visit in person",
and "when a suspect has been delivered to him pursuant to
the provision of the preceding article" in Article 45, Paragraph
1, shall read "when, as a result of the investigation of
violations, he has good reason to suspect that the suspect comes
under any one of the items of Article 24".
2. In case a written deportation order has been issued pursuant
to the provision of the preceding paragraph, the execution of
such order shall be effected after the procedures under the provision
of laws and ordinances relating to the criminal suit, enforcement
of sentence or treatment of the inmates of the Reformatory or
Women's Guidance Home are completed. However, the execution of
such order may be effected with the approval of the Prosecutor-General
or the Superintendent Public Prosecutor even when the alien is
still serving his sentence.
3. If an Immigration Inspector, when carrying out the examination
under Article 45, finds reasonable grounds to believe that the
suspect has committed a crime, shall bring an accusation with
the Public Prosecutor against him.
(Delivery of the Suspect)
Article 64. If a Public Prosecutor has taken over the suspect
suspected of the offense under Article 70 but has decided not
to institute a public action, he shall release the suspect and
deliver him to an Immigration Control Officer upon presentation
of the written detention order or deportation order.
2. The Chief of the Correctional Institution shall, in the case
of Article 62, Paragraph 3, or Paragraph 4, if a written detention
order or deportation order has been issued to the alien concerned,
at the time of his release, deliver him to an Immigration Control
Officer concerned upon presentation of the written detention
order or deportation order.
(Exception to Code of Criminal
Procedure)
Article 65. A Judicial Police Officer may, in case he has arrested
or taken delivery of a suspect of one of the offenses under Article
70, or of a flagrant offender of such offense and only in case
a written detention order is issued and the person is not suspected
of any other criminal offense, deliver the suspect to an Immigration
Control Officer together with pertinent documents and evidence,
notwithstanding of the provision of Article 203 of the Code of
Criminal Procedure (Law No. 131 of 1948) (including the cases
where this shall apply with necessary modifications under the
provisions of Article 211 and Article 216 thereof).
2. In the case of the preceding paragraph, the procedure for
delivering a suspect shall be taken within forty-eight hours
from the time when the suspect was placed under physical restraint.
(Reward for Providing Information)
Article 66. If a person has furnished information under Article
62, Paragraph 1, and if such information has led to an issuance
of a written deportation order, the Minister of Justice may grant
such a person a reward in the amount not exceeding fifty thousand
yen as provided for by the Ministry of Justice Ordinance. However,
this shall not apply in the case where the information is based
on the fact which an official of the Government or a local public
entity has come to know in his performance of his duties.
(Fees)
Article 67. An alien shall pay as provided for by the separate
Cabinet Order a fee not exceeding ten thousand yen to the Government
for entry, issuance or endorsement by stamping of the following
permits:
(1) Permit of change of status of residence under Article 20;
(2) Permit for extension of period of stay under Article 21;
(3) Permit for permanent residence under Article 22;
(4) Permit for re-entry under Article 26 (to include permit of
extension of validity period).
Article 67-2. An alien who is issued a Certificate of Authorization
for Employment provided for in Article 19-2, Paragraph 1, shall
pay a fee in the amount provided for by the separate Cabinet
Order, which shall be determined referring to actual expenses.
Article 68. An alien who is issued a Refugee Travel Document
provided for in Article 61-2-6, Paragraph 1, or has extension
of validity period entered in the Refugee Travel Document provided
for in Paragraph 6 of the same article, shall pay a fee in the
amount as provided for in the separate Cabinet Order not to exceed
the amount as provided for in Article 20, Paragraph l, Item (2)
of the Passport Law (Law No. 267 of 1951).
(Entrustment to the Ministerial
Ordinance)
Article 69. The procedures for the enforcement of the provisions
of Chapter 2 through this chapter and other necessary matters
for the execution thereof shall be prescribed by the Ministry
of Justice Ordinance.
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