Hiizu Hiraide v Yasuhide Niizato

• Jurisdiction: Japón
• Court: Supreme Court (Japan)
• Date: 13 July 1966

Japan, Supreme Court, Grand Bench.

(K. Yokota C.J., Irie, Okuno, Gokijo, M. Yokota, Kusaka, Osabe, Kido, Ishida, Kashiwabara, Tanaka, Matsuda, Iwata and Shimoura JJ.)

Hiizu Hiraide

and

Yasuhide Niizato

JURISDICTION

Jurisdiction In general Territorial jurisdiction Over territory in general Territorial limits of jurisdiction Part of State territory Sovereignty over Exercise by foreign State Whether territory foreign territory Whether bringing of narcotics from the territory amounts to importation The law of Japan

Summary: The facts:Before 1952 the Okinawa islands were part of the territory of Japan. Under the Treaty of Peace of 1952 Japan gave up her sovereign powers over the islands to the United States. The Japanese Narcotics Control Law prohibited the import of certain narcotics. The question was whether bringing of narcotics from Okinawa to Japan constituted import into Japan.

Held:The bringing of narcotics from Okinawa to Japan constituted import into Japan.

The following is the text of the judgment of the Court:

JUDGMENT

• 1. The Court quashes the original judgment and the first judgment.

• 2. The Court returns this case to the Yokohama District Court.

REASONS:

With regard to the reasons of jokoku appeal by the superintending procurator of Tokyo High Court Public Procurator's Office, Takehiro Matsumoto

Thinking...