No. 436.
Mr. Bingham to Mr. Evarts.
United
States Legation,
Tokei, April 13, 1880.
(Received May 11.)
No. 1101.]
Sir: This government, on the 5th instant, issued an
imperial decree for the regulation of political meetings and associations
which has excited some unfavorable comments in the foreign and native public
journals of the empire.
I have the honor to inclose for your information copies in duplicate of a
translation of this decree as published in the Japan Mail of the 10th
instant. It is therein provided that no political meetings shall be held for
the discussion of political subjects, nor shall any political association be
organized until permission shall have been first obtained from the
police.
It is also provided that persons belonging to the army or navy, or persons of
the first and second reserves, or public officers, or professors or students
in the government service, or in the public or private schools, or students
in the schools of art and agriculture, shall not be permitted to attend or
become members of political societies or to attend political meetings or
lectures.
Political societies are prohibited from advertising the subjects of lectures
or debates and from issuing or sending out agents or circulars to influence
the public to attend their meetings, and from communicating with each other.
All such political meetings maybe dispersed by order of the police.
Penalties are prescribed for all violations of the regulations. It is said
that these restrictions are needful for the good order and peace of the
empire.
I have, &c.,
[Inclosure in No. 1101.—Extract from the Japan Daily Mail, April 10,
1880
.]
the new regulations respecting political meetings
or societies.
(Came into force on the 6th of April, 1880.)
- 1.
- If any one shall desire to give a lecture on political subjects,
or assemble a meeting to debate such subjects, the promoter,
president or manager, shall, three days at least before the lecture
is to be given or meeting held, send in an application to the
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nearest police station for
permission. Every such application shall state the subjects of the
lecture or debate, and the names and addresses of the lecturers or
speakers.
- 2.
- Every person desirous of forming a political society shall, before
doing so, make application for permission at the nearest police
station. Every such application shall give the name of the proposed
society, the rules for its government, the place of meeting of the
society, and the names of the members. Any alterations in the rules
of the society or in the members, after the establishment of the
society has been authorized, shall be reported to the police
authorities, who shall at all times have power to make such
inquiries as they may deem expedient, respecting the affairs of the
society.
- 3.
- After the establishment of a society has been once authorized,
three days’ previous notice of the first meeting must be given at
the nearest police station. After the first meeting has been held,
it shall not be necessary to give notice of the subsequent regular
meetings, but any alterations must be notified as provided in
article No. 1 of these regulations.
- 4.
- Whenever the police authorities consider that granting the
applications referred to in the three preceding articles would be
prejudicial to the interests of the public, they may decline to do
so.
- 5.
- Police officers in uniform shall have power to visit all lectures
or meetings, and demand the production of the license to hold
same.
- 6.
- If the license shall not be produced when demanded, or if any
subject not specified in the report shall be lectured upon or
discussed, or if the lecture or debate is considered prejudicial to
the public interest, or liable to incite the hearers to commit
offenses against the laws, or if persons are in attendance who ought
not to have been admitted, and who refuse to leave when requested to
do so, then and in every such case it shall be lawful for the police
officers to close the meeting.
- 7.
- The following persons are forbidden to attend or take part in
political lectures or meetings, or to become members of political
societies: men belonging to the army or navy, the first and second
reserves, police officers, professors, and students in government,
public or private schools, and students in the schools of art and
agriculture.
- 8.
- Every political society is prohibited from advertising the subject
of its lectures or debates, or sending out agents or circulars to
induce the public to attend its meetings. The combination of one
society with another, and all communication between societies, is
strictly forbidden.
- 9.
- Open-air lectures or debates upon political subjects are hereby
prohibited.
- 10.
- If any lecture shall be given or meeting held without the
permission mentioned in Article 1 being first obtained, the promoter
of the lecture or meeting shall be liable to fine not exceeding 20
and not less than 2 yen, or to imprisonment not exceeding three
months and not less than eleven days. The person who lent or rented
the place of meeting, the president, manager, lecturers, and
speakers shall severally be liable to a fine not exceeding 20 and
not less than 2 yen, and every breach of Article 3 shall be punished
in like manner.
- 11.
- For every breach of the provisions of Article 2 the president of a
society shall be liable to a fine not exceeding 20 and not less than
2 yen. If false regulations or fraudulent lists of members of a
society are forwarded to the police authorities, or incorrect
answers returned to questions asked, the president of the society
shall be liable, in addition to the monetary penalty hereinbefore
mentioned, to imprisonment not exceeding three months and not less
than eleven days.
- 12.
- If a police officer is refused admission to any lecture or
meeting, contrary to Article 5, the promoter of the lecture or
meeting, the president, and the manager shall each be liable to a
fine not more than 50 and not less than 5 yen, or to be imprisoned
not more than one year and not less than one month. Every person who
refuses to answer questions, or returns false answers, respecting
any lecture or debate, shall be liable to a similar punishment to
that hereinbefore mentioned. In the event of any person being guilty
of a similar offense a second time, he shall be liable to a fine not
exceeding 100 and not less than 10 yen, or to be imprisoned not more
than two years and not less than two months.
- 13.
- When the persons assembled at any meeting are ordered to disperse,
every one refusing to do so shall be liable to a fine not exceeding
20 and not less than 2 yen, or to be imprisoned for not more than
six months and not less than eleven days.
- 14.
- For every breach of Article No. 7, the conductors and president of
a meeting, or the president and officers of a society, will be
severally liable to a fine not exceeding 20 and not less than 2 yen,
or to be imprisoned for not more than three months and not less than
eleven days. If the offense committed shall be considered
aggravated, the society maybe suppressed altogether, and should any
persons persist in holding a meeting after being prohibited from
doing so, they shall each be liable to a fine not exceeding 20 and
not less than 2 yen.
- 15.
- For every breach of Article No. 8, the promoter of a meeting, the
manager and president, and the president and officers of a society,
shall each be liable to a fine not exceeding 50 and not less than 5
yen, or to be imprisoned not more than one year or less than one
month. In addition, the society will be suppressed, and all persons
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found implicated in a
breach of the said article will be liable to a similar punishment to
that hereinbefore provided. Any person who shall compel another to
join a society, or who has been previously convicted of a breach of
Article No. 8, shall be liable to a fine not exceeding 100 and not
less than 10 yen, and to be imprisoned for not more than two years
and not less than two months. The president and director shall also
be prohibited from forming or joining any other society for a term
of not more than five years or less than one year.
- 16.
- The foregoing regulations do not extend to meetings held in
accordance with established custom.