Organic Law of the Defense Commission of "Manchoukuo"

Imperial Ordinance No. 82

April 20, 1939

Article 1. Defense commissions shall be under the supervision of the defense commander and shall, on the basis of the spirit of joint defense of Manchoukuo and Japan, examine and consider important matters relating to necessary liaison work and investigation in connection with the operation of the Defense Law/during time of peace and war.

Article 2. Should the Prime Minister deem it necessary he may order the defense commission designated by him to examine and consider important matters required for the control and adjustment of administrative matters having to do with the maintenance of peace and order and with military affairs, in addition to those provided in the preceding article.

Article 3. Defense commissions may make proposals to the organs concerned in regard to the matters mentioned in the preceding two articles.

Article 4. Defense commissions shall be established at seats of provincial governments and at the Hsinking Special Municipality, but they may also be established at places where defense commanders' headquarters are located, in case it is recognized as specially necessary.

Article 5. Defense commissions shall be composed of a chief commissioner and a number of commissioners.

Article 6. The chief commissioner shall be the chief of staff of a defense army corps or a defense commander.

The commissioners shall be appointed by the defense commander from among civil and military officers and from among other persons who are considered to be qualified.

Article 7. The chief commissioner shall manage the affairs of a com

mission.

In the absence of the chief commissioner, a commissioner designated by the defense commander shall act in the chief commissioner's place.

Article 8. Defense commissions shall have a councillor who shall be appointed from among educated and experienced persons by the defense commander. The councillor shall participate in deliberations on specially important matters.

Article 9. In case of necessity, the chief commissioner may ask persons.

1/A law confined almost exclusively to military defense measures to be enforced upon the general population. The law was issued on March 10, 1938.

not members of a commission to attend a conference to express their opinions.

Article 10. Defense commissions shall have a secretary-general and a certain number of secretaries; the secretary-general and the secretaries shall be appointed from among the civil and military officers and from among other persons who are considered to be qualified.

The secretary-general shall have charge of miscellaneous affairs under the orders of the chief commissioner.

The secretaries shall adjust miscellaneous affairs under the orders of their superiors.

Article 11. Detailed matters relating to the defense commissions shall be determined by the defense commander.

Article 12. The provisions of this Ordinance shall apply mutatis mutandis to the army of an allied power in the territory of this Empire in case of necessity from the standpoint of joint defense.

In the case of the preceding paragraph, the defense commander or the chief of staff of a defense army corps of an allied power in the territory of this Empire shall have the same authority as the defense commander or the chief of staff of a defense army corps mentioned in this Ordinance.

Supplementary

The present Ordinance shell become effective on the day of its promulgation.

Source: "Manchoukuo" Government Gazette. No. 1504, April 20, 1939.

Law Establishing Supervision Of Military Supplies

in "Manchoukuo"

Imperial Ordinance No. 83

April 20, 1939

Article 1. Military supplies superivsory commissioners shall be appointed with the functions of supervising production of military supplies, of inspecting military supplies, and of conducting various investigations in connection with the management of military supply factories.

The general matters to be handled by the military supplies supervisory commissioners shall be as follows:

1. Direction and supervision in connection with the operation of
enterprises relating to manufacture and repair of military
articles.

2.

3.

4.

5.

Examination of military supplies at time of receipt.

Supervision over the preservation of military secrets in con-
nection with military supplies and factories.

Direction in regard to factory equipment for the manufacture
and repair of military supplies and in regard to research.

Technical investigation and research of original costs in regard to the manufacture and repair of military supplies.

6. Technical investigation and supervision in regard to the operation of factories.

7.

8.

Investigation of original costs relating to manufacture and repair of military supplies and investigation and research in regard to financing of original costs.

Investigation and supervision in regard to financing the operation of factories.

The scope of military supply factories mentioned in the preceding paragraph shall be determined after joint consultations between the Minister of Public Peace and the Minister of Industry.

Article 2. The military supplies supervisory commissioners shall be under the control of the Minister of Public Peace; and in regard to the necessary matters concerning industries, they shall be under the direction of the Minister of Industry.

Article 3. The military supplies supervisory commissioners shall be appointed by the Prime Minister from among the officers of the related government offices, or from among the officers of the related government offices of

Manchukuo's ally, who are utilizing military supply factories, or from among educated and experienced persons.

Article 4. The military supplies supervisory commissioners shall be divided into general affairs supervisory commissioners, ordinary supervisory commissioners, and technical supervisory commissioners. The general affairs supervisory commissioners shall handle ordinary control matters relating to supervision of military supplies.

The ordinary supervisory commissioners shall, under the orders of the general affairs supervisory commissioners, have charge of ordinary matters: relating to supervision of military supplies.

The technical supervisory commissioners shall, under the orders of the general affairs supervisory commissioners, have charge of various technical matters.

Article 5. In regard to supervision of military supplies, a military supplies supervisory councilor shall be appointed to answer the inquiries of the general affairs supervisory commissioners.

The provisions of Articles 2 and 3 shall apply mutatis mutandis to the military supplies supervisory councilor.

Supplementary

The present Ordinance shall become effective on the day of its promulgation.

Source: "Manchoukuo" Government Gazette, No. 1504, April 20, 1939...

III. THE LEGAL SYSTEM

Introductory Note

At the time of the Japanese invasion, Manchurian law was based upon a series of codes promulgated by the Kuomingtang-controlled government at Nanking. Provisionally, these codes were adopted by Ordinance No. 3 of March 9, 1932 (infra).

A law guaranteeing civil rights was promulgated on March 9, 1932 (infra) at a time when Japan still hoped to gain recognition of the new regime by England, United States, and other Western countries. On March 1, 1934, the preamble to this law was revised in accordance with the change introduced by the organic law of March 1, 1934, in the title of the head of the state.

In 1935, the Japanese government stated in a declaration dealing with the relinquishment of its extraterritorial rights that as a preparatory step the government of "Manchoukuo" was "setting up a judicial system". The adoption of a new judicial system was therefore part of a more comprehensive plan which had as one of its objects the creation of special rights and privileges for Japanese citizens and business interests. In 1936, a new court system was established by the Court Organization Law (infra) and by the end of the following year, civil2/, criminal, and commercial codes and codes of civil and criminal procedure had been adopted.3/

The Conciliation Act of December 1, 1937 (infra) was designed to facilitate the settlement of arbitrable disputes out of court and at less expense to the litigants. It is a practice which appeals strongly to the Chinese, with their centuries-old distrust of imperial law, courts, and the legal profession and their inherent preference for the moral techniques of rational conciliation and compromise.

The series of laws governing civilians in the border area and applying military law to civilians and their property (infra) are the result of "Manchoukuo's" position as a buffer state.

1/ See the following section on the status of Japanese citizens in "Manchoukuo".

2/ Except for chapters relating to succession and inheritance.

3/ None of these codes has been translated in its entirety and they are hence unavailable at present except in Chinese and Japanese (the texts of all "Manchoukuo" laws, ordinances, and order are given in both Chinese and Japanese in the official government gazette).