Posted by Dr. ARUDOU, Debito on March 3rd, 2014
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Hi Blog. Just got this one from RS, where he writes about something that happened last night in Shibuya:
March 3, 2014:
Debito-san, Thanks for your work. This incident happened tonight and we’ve already put it up on Youtube. Please have a look.
Because I’ve read your articles, I knew that I did not have to comply, and did not. Thank you and keep up the good work.
Well done. Although the video is a bit incomplete (it’s not clear how this started or how it ended), it’s clear that the police certainly do not want to be filmed, and it’s a good guess that BECAUSE it was filmed that the police showed restraint, if this video is any guide:
Anyway, what RS is referring to is this section here on Debito.org which says that the Japanese police cannot ask you personal questions (let alone passports, as in above) without probable cause. Except if you’re a NJ, under the Foreign Registry Law. But the NJ can also ask for the cop’s ID before showing his, so ask for it first, has been the point.
However, with the abolition of the Foreign Registry Law in 2012, it remains unclear under what law in specific the Japanese police are empowered to ask NJ without probable cause. I have consulted informally with legal scholar Colin P.A. Jones (of Doshisha and The Japan Times), and he too has had trouble finding anything in specific codified in the laws that now empowers cops in this manner. Nevertheless the institutional practice is in place, encouraging racial profiling, as last night’s performance indicates. I’ll give Colin a nudge to see if he will cover this in a column, if he hasn’t already. ARUDOU, Debito
UPDATE MARCH 5: Debito.org has received word that there is at least one case of somebody in mufti flashing badges and asking select NJ (what appears to be visibly-NJ women, in Kichijouji, Tokyo) for their ID. In all cases, check the police badge (keisatsu techou o misete kudasai), as you are legally entitled to. What to look for: