Japan v Morimoto

• Jurisdiction: Japón
• Date: 22 April 1971
• Court: Supreme Court (Japan)

Japan, Supreme Court.

State of Japan

and

Morimoto

Jurisdiction In general Personal Over nationals in respect of crimes committed abroad Japanese nationals fishing in territorial waters of island under control of Soviet Union Whether committing an offence under Japanese fisheries laws The law of Japan

Jurisdiction In general Territorial jurisdiction Fisheries Jurisdiction to regulate fishing in the high seas and foreign territorial waters The law of Japan

Summary: The facts:The Soviet Union exercised sovereignty over Kunashiri Island and its territorial waters. Morimoto was charged with the violation of Japanese Fisheries Law in respect of fishing in Kunashiri territorial waters. The question arose whether Japan had jurisdiction to regulate fishing in Kunashiri territorial waters.

Held:The jurisdiction to regulate the fishing activities of Japanese nationals extended to foreign territorial waters adjacent to and integrated with the territorial waters of Japan or the high seas.

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

Text of Judgment:

This jokoku appeal was entered pursuant to the Judgment of the Sapporo High Court of 6 November 1969 concerning the violation of the Hokkaido Rules for Ocean Fisheries Adjustment, and we find as follows:

The original judgment and judgment of the first trial court[1] shall be dismissed and this case shall be remanded to the Kushiro District Court.

Opinion of the Court:

Concerning the Statement of Reasons for Appeal presented by the Public Procurator, the facts found in the judgment of the first trial court and supported by the original judgment, can be summarized as follows.

The defendant was on board the Sanko Maru No. 12 (6.94 gross tons), registered in the name of his father Kinjiro Morimoto, as the captain and chief fisherman. He caused Kenji Nomiya and two other persons to go on board the boat, and together they caught approximately 170 salmon using a gill-net of 30 tan length. The date was 5 October 1967 between 6 a.m. and 9.30 p.m. in waters about three miles west of Nottettozaki on Kunashiri Island. They were exercising no fisheries right or common piscary right. The judgment cannot, however, find that the waters where the defendant laid out or hauled in the gill-net were more than three miles in distance from the coast line of Kunashiri Island.

The original judgment supports the judgment of the first trial court finding that the defendant is not guilty for the reasons stated in the original judgment...