CO129-575-3 Japanese affairs 2-1-1939 - 21-12-1939 — Page 43

THIS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S GOVERNMENT

FAR EASTERN (JAPAN).

CONFIDENTIAL.

June 13, 1939.

SECTION 1.

49

[F 5676/327/23]

(No. 347.) My Lord,

Sir R. Craigie to Viscount Halifax.-(Received June 13.)

Copy No. 135

Tokyo, May 5, 1939. WITH reference to my despatch No. 154 of the 3rd March last, I have the honour to transmit herewith a translation (summarised in the case of certain articles) of the Law for the Protection of Secrets relating to Resources of Military Importance, which was passed by the Imperial Diet during the recent session and which was promulgated in the Official Gazette of the 25th March. The law is to take effect from a date to be determined by an Imperial Ordinance.

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2. It will be observed that the matters which may be " designated secret under the law cover a very wide field, and that the maximum penalty for communicating such secrets to foreign countries is a severe one, i.e., penal servitude up to ten years.

It will be noticed also that under article 23 of the law an offence against it is punishable in Japan even in cases where such offence is committed outside the Japanese Empire. In this respect, therefore, offences under the new law are classed with the offences coming under article 2 of the Criminal Code of Japan, e.g., certain offences against the Imperial Family or against the internal or external safety of the State.

I have, &c.

R. L. CRAIGIE.

Enclosure.

Law No. 25 for the Protection of Secrets relating to Resources of Military Importance.

(Translation.)

Article 1. The object of this law is to prevent, with the purpose of achieving national defence, the leakage to foreign countries of facts, which require to be kept secret, with regard to personal and material resources for military use (including here and hereinafter cases where such resources are to be so used).

Art. 2. The Ministers of War and Marine (or the competent Minister of State, as provided by Imperial Ordinance, when matters under the jurisdiction of a Government office are concerned) shall, by order, designate as secrets relating to resources for military use the following. Provided that the designation of those matters, the public notification of which is considered unsuitable, shall be effected by notice to those in charge of the matters or books concerned, or to persons corresponding thereto :-

(1) The production, productive capacity, and classified lists of establishments forming data for an estimate of the productive capacity (including percentages from which such capacity can be estimated) of important materials for military use in the country as a whole (including the Kwantung Province and the South Sea Islands) or in a section thereof, production plans determined by the Govern- ment and books, &c., indicating the same.

(2) The production, productive capacity, and classified lists of establishments forming data for an estimate of the productive capacity, of arms by factories and workshops producing, or which can be converted to the production of, arms, the total number of employees belonging to such establishments (including per- centages from which such numbers can be estimated), or classified lists thereof, and books, &c., indicating the same.

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