Japan Law Geek

Oops.

It seems that Singaporean photographer, Leslie Kee, has just been arrested by Japanese police for violating Japan’s law against obscenity (わいせつ); or more specifically, Article 175 of the Criminal Code.

The penal provision stipulates that Kee may now be facing imprisonment of up to 2 years or a fine of not more than 2.5 million yen. Given that this was a for-profit venture (he was selling his book for 6000 yen – bargain!), it’s more than likely that he will be given a fine. I would be surprised if he (and especially the two employees of the book publisher) were to serve any time in prison for this.

As unfortunate as this is, it does serve as a good opportunity to shine a spotlight on the ironically perverse manner in which Japan defines obscenity, and enforces against it. Forget that the Japanese Constitution (drafted by Americans, let us not forget), provides at Article 21 that:

Article 21. Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

It’s fairly explicit; pithy yet certain in its language. And yet, the Supreme Court seems unconcerned in upholding it in any meaningful way.

The most curious thing about this legal contradiction is the paradox that emerges from the juxtaposition also of this seemingly totalitarian penal code re: naughty rags with the abundance of soft-core porn in newspapers and magazines, and also the ease with which one can obtain borderline criminal material like the Rapeman comic. Perhaps the newly-minted Minister Tanigaki could take a look a reforming this archaic law… but we would be wise not to hold our breath.

For more reading, I suggest looking at the journal article, Obscenity, Pornography, and Law in Japan: Reconsidering Oshima’s In the Realm of the Senses, by James R. Alexander - it’s a nice (and relatively recent) introduction to the topic. Another, perhaps more relevant, article is Obscenity in Japan: Moral Guidance without Legal Guidance, by Amanda Dobbins.

It would seem that there will soon be a law firm that specialises in assisting foreigners in Japan.

The firm is reported as being the first to cater specifically to foreign clients, and will “deal with issues linked to applications for refugee or resident status.”

I’m not entirely sure I see the point – while there certainly would be an advantage to having a single depository of specialized legal knowledge re: immigration issues, there are plenty of practitioners in Japan who are experts in this area. It remains to see be seen how useful this organization will be…

What would be *very* nice is if the firm acted as a full-throated advocate for foreigners’ rights in Japan, and represented them in civil (i.e., child custody) and criminal matters (too numerous to mention)! But alas, if wishes were fishes, I could put Tsukiji out of business…

So it turns out that someone in Japan has a new ferrari. It also seems he feels the need for speed. Too bad it’s illegal. Japan Today reports:

A boastful Ferrari driver who put film on the Internet of his supercar doing three times the speed limit in Japan was facing possible jail Saturday, after disapproving YouTube viewers called police.

The 50-year-old doctor uploaded a six-minute video showing him driving his Ferrari 458 Italia through Fukuoka at 84 kilometers an hour over the limit, police said.

It turns out that, if convicted, he could be jailed for up to six months or fined a maximum 100,000 yen.

Personally, I think we should forget about the ferrari driver, but rather focus on the other driver of the white car who pwned Ferrari Man at 2m07s into the video and, as far as I can tell, Ferrari Man never quite catches up…

[Japanese source] Asahi news report

Yasu-chan’s fingertips slide softly over the cushions of the leather couch she is circling until finally she descends upon it as though she were a queen upon a throne about to hold court. Ojiichan, the jester in this (now dangerously overwrought) metaphor, stares at her sitting next to him with a whiff of premature satisfaction. With affected modesty, her eyes meet his only for a second, so slight an instant that Ojiichan should not have seen it, but he had.

“No need,” responds Ojiichan, waving aside her cultural impertinence, “I’ll have one of my employees transfer you the money this afternoon… once we have… “He coughs. Leaning forward, positioning her body and breasts just so, she asks “I apologise for bringing this up, but…” Her lips make the shape of a smile, but her eyes sing a different song.

As she goes to stand up, the door swings open, interrupting Her Majesty, and an Omawarisan (policeman) stands there, strong and upright, muscles stretching his too-tight uniform that bears little-to-no resemblance to any of Japan’s official uniforms.

“You’ve been a very bad girl, Yasu-chan! Come here and let me punish you!”, says Omawari-san.

Yasu-chan obeys.

(Cue bam-chika-wawa music)

To be clear, none of this happened. This is my first (woeful, and last) attempt at fictionalising how Yasuko Matsui, an erstwhile porn star, was caught and for allegedly committing fraud.

KOCHI — A 73-year-old former actress known for her appearance in pornographic films in the 1960s and 70s was arrested Feb. 16 on suspicion of fraud, Kochi Prefectural Police said.

Police accuse the woman, Yasuko Matsui, of swindling 2 million yen from a 56-year-old man in Tosashimizu, Kochi Prefecture, between September and October 2007.

Two million yen?!? My mother always told me never to steal… but if I was going to steal, make sure it was for enough money to make it worth getting caught.

Perhaps what is most interesting about the article is the reference to the M-Fund. Don’t know what that is? Stay tuned!

The police are confused. Baffled. Flabbergasted, in fact. All the Emperor’s keisatsu and all the Emperor’s kensatsu cannot seem to fathom how or why a shark (dead by all accounts) has apparated (Harry Potter style) in the middle of Yoyogi park. More curiously, it appears that the shark, filled with the spirit of yamato, committed harakiri.

A dead shark found in Tokyo’s Yoyogi Park has sparked an investigation into who brought it there, an officer at Yoyogi Police Station said Monday.

A park security guard called the police at 7 a.m. Sunday after finding the shark, which was covered by a blue tarp and measured about 1½ meters long, the police said.

The shark had been gutted and was found near a parking lot for bicycles near one of the entrances leading to JR Shibuya Station

Mind you, those of us who have been to Yoyogi Park on a weekend are well aware that a dead shark wrapped in a blue tarp is perhaps one of the least unusual of the park’s inhabitants.

One theory police are working with is that this was a salary shark with the scandal-ridden Olympus, and committed suicide out of shame – sadly, not an unusual occurrence.

Or perhaps a more rational explanation is that the terrain-traversing shark opted to commit harakiri rather than return to the now horribly radioactive Pacific Ocean, thus saving Japan, and indeed the rest of the world, from the possibility of an evil mutant shark overlord, such as Armaggon.

[UPDATE] Mainichi reports that the the riddle of Harakiri Shark in the Park has been solved! Suck on that, Sherlock! According to what can only be described as a woefully drafted article that would serve as a brilliant example of redundancy in writing, a 25 year old avid photographer apparently acquired Harakiri Shark from a sushi restaurant and used it as a model for his photos!