November、 2010、My Opinion of this week

My opinion of this week(699):

Japan and China from now

Kan Cabinet  is investigating the possible leak of a video showing a 
collision between Japanese coast guard vessels and a Chinese fishing boat off
disputed islands that spiked tensions between China and Japan, Japan's
foreign minister said Friday. The video appeared on YouTube on Friday, and 
was widely picked up by Japanese television networks. It gave a great shock
for Kan cabinet. All opposition parties started criticizing Kan cabinet for
the lack of risk management because of the fact that such kind of very
important secret was disclosed so easily. It provided another reason for
opposition parties to prolong the discussion of extra ordinal budget at the
diet to make a counter measure for economic recession now underway.

Political confusion still continues as a result of this and it is really
such a poor political situation at the moment.

But as a matter of fact, it is China rather than Japan which  suffered
more troubles by leak of the video. China government expressed an interest
and concern for leak of the video. But they will face more difficulties 
to explain several illegal actions taken by the Chinese fishing boat 
concerned in video recording. How can they justify those conducts by Chinese
shipping boat in the video? 

They may say that the video include a number of made-up footages created by
Japanese side. In other way, they may say that any of such conduct of 
hostilities are legitimate because those are done at inside of Chinese
territories. That is all what they can do if they wish to continue to 
assert Senkaku islands belong to China rather than to Japan. 

The assertion is not their wish but must in order for them to avoid series
of anti-Japan demonstrations occurred at several local cities in China 
recently. Unless Chinese government showed that gesture, anti-Japan 
demonstration will expand in larger scale which will become beyond their
control. Then their one party communist monopoly administration will
face to a very difficult situation. That may lead to the breakup of the
communist state itself. 

Further more, even though they could avoid such situation, China will loose
a lot of their confidence in international community. 

I never try to say that Japan is in the position to please that kind of
situation although that would happen in China. All I want to say is that
we Japanese should look the total situation in that manner from that really
long range view point. 

It is very obvious that Kan cabinet has made a lot of mistakes to handle
Senkaku issues so far. The first and the biggest mistake is that they
let the captain of the Chinese vessel go home without any internal legal
actions. The second mistakes is that they did not disclose video footage
they got from Japanese coast guard ship. How can they keep it secret while
they disclose it to some limited number of lawmakers at the diet? It does
not make sense at all, although we admit some necessity to keep secrets
in any diplomatic decision. 

But the video footage is the fact by itself. All people who now know the
existence of such fact have right to share any of such facts as sovereign
right holders of the nation. What is the reason for Kan cabinet to refuse
to disclose such very important facts to people of Japan while they 
disclose it lawmakers? I don't see any rational reason for Kan cabinet to
do it.

LDP(Liberal Democratic Party) asserted to disclose the video footage from
the very beginning. I supported them in this respect. I also agree with 
their assertion to demand resignation of cabinet members who are concerned
with the accident of leakage of such important footages  connected with 
national security. 

But I never accept their approach to stop diet session to discuss 
a supplementary budget at the diet because Kan cabinet still refuse to
disclose video footage. Supplementary budget has nothing to do with the 
diplomatic matter as such.

When it comes to the present diplomatic relation with China, LDP is greatly
responsible for what is happening right now. They were the ruling party in
power which created all bases for the present diplomatic environment with
China. They should be responsible to share many of issues concerned with
Senkaku Islands and many other diplomatic matters with DPJ, Democratic Party
of Japan. It is fine for them to argue on many other political issues, but
they should have a stance to share responsibility with DPJ on  many of 
diplomatic issues such as  Futenma , China and so on. 

2010/11/6
Tadashi HAYASE

My opinion of this week(670):

"Information sharing" and the importance of crisis management

The police is still investigating a suspects who leaked Senkaku video
in question but have not arrested him yet. It seems that the prosecutor office
is not quite sure whether or not they can prosecute  a suspect under the name
of breach of  confidentiality as a public servant. It is because that video 
footage leaked by the suspect has already been distributed broadly to many 
part of departments in Japan Coast Guard. That video footage has also provided
to other sections concerned including Naha Prosecutor Office and others. The
video footage has been shared among various departments and sections concerned
not only in Japan Coast Guard but several other administrative offices.

That facts were reported as a kind of surprise by mass media. NHK TV news on
Friday night for example, reported and  explained that Japan Coast Guard 
distributed the video footage to various parts of departments concerned to 
through PC net information sharing system. The news caster said such 
informationsharing system in Japan Coast Guard is something like a very 
abnormal sort of setup as a public office. No, it is not. It is quite a normal
and a standard set up as information management system not only for any 
private and public sectors as a PC network system. 

Such information sharing system are to be controlled very carefully, of course
in any organization. But information sharing is the key word for any 
information net work system to work as a speedy and legitimate system. Speedy
and legitimate actions become possible by sharing a number of important
information and facts about any accidents and problems occurred inside of 
organization. Top management can make any appropriate action under such 
net work system by sharing a number of information related with various parts
of departments concerned.

So many people and so many departments of other than Japan Coast Guard knew 
the video footage already. What is more, almost fifty members of lawmakers
at the diet observed together the same kind of video footage a week ago. Then,
why is this video footage still top secret of the country?  No, it is not.
It does not make sense to keep insisting. Those background are why the local
prosecutor office is still investigating whether or not they should prosecute
a suspect under such criminal charge.

Several politicians of opposing parties including Liberal Democratic Party
insist the suspect is to be released free for he is not guilty under this
circumstance. I don't agree with that view. The suspect is responsible for
violation of order by the top man not to disclose the video footage to
public without any permission. So he may be punished in one way or the
other according to the rule as a public servant. I have no doubt about it.

On the other hand, I certainly agree with the movement of opposition parties
to present censor resolution against Sumio Mabuchi, Minister of Land, 
Infrastructure and Transportation Ministry to accuse his responsibility. 
But I just wonder why opposition parties do not go further by presenting
censor resolution against  Kan Cabinet itself. I believe that Kan Cabinet 
is surely deserved to censor resolution for the whole mistakes they have 
conducted relating with disputes and troubles  with China since those Senkaku
Island issues happened in the past two months.

2010/11/13
Tadashi HAYASE

My opinion of this week(701):

Protest against a presiding judge

”YOKOHAMA -- A man charged with brutally murdering two men was sentenced to
death in a ruling at the Yokohama District Court on Nov. 16, marking the 
first time for the ultimate penalty to be handed down in a lay judge trial.

The 32-year-old defendant, Hiroyuki Ikeda, was sentenced to death for
murdering a 28-year-old mah-jongg parlor manager and another 36-year-old
man in Chiba Prefecture in 2009. In handing down the ruling, Presiding 
Judge Yoshifumi Asayama said the death penalty could not be avoided.・・

After the ruling, however, the judge made the rare move of recommending 
that the defense file an appeal due to the seriousness of the decision.”
The Mainichi Daily News, November 16th.

When I watched this news by TV, I was quite surprised with the comment made
by Presiding Judge Yoshifumi Asayama. It is fine for him to explain to
the defendant that he could appeal to upper court if he could not accept
the judgment at the district court. It is the duty for the judge to 
explain it. But there is no duty or any obligation at all for the judge to 
recommend the defense file an appeal to upper court. 

Many mass media reported this by saying it is a kind of unusual action but
I daresay it is rather a kind of abnormal action that should not be said by
the judge in any court decision. I think that such recommendation is either
against the basic principle of the present court judgment system or against
the foundation of the new lay judge system introduced last year. 

Why did the judge make such recommendation? Provided that he did it 
because he was afraid the case that the court decision made some mistake
in judging the case for the decision making was made by committee members of
judges including judges selected from armature citizens. Never happen! That
may not be the reason why the Presiding Judge said that recommendation.

Many mass media reported to say that the Presiding Judge said it in order
to reduce some serious spiritual burden for citizen judges who joined to
decide the death sentence. That's may be so. But I can never agree with
it even if that is the reason for the judge to recommend to appeal the
case to upper court. Why is it necessary for the Presiding Judge to
worry about spiritual burden of citizen judges? Because they are armature
judges different from a few other professional judges including presiding
judge? 

No, that is not true. I can easily imagine some very heavy spiritual burden
that citizen judge will get when they join to agree with a  death sentence.
But they asked to endure and to share such burden in any sort of court 
decision as far as they are selected as judges. That is the rule of the 
new court system decided by the nation. If I were there to decide the
judgment on this cruel murder case, I would cast one vote for the death
sentence without any hesitation with serious moral burden without fail.

Ｉ will also make a severe protest to the presiding judge for his such
unreasonable recommendation to defendant to appeal upper court for any
reasons.

2010/11/20
Tadashi HAYASE

My opinion of this week(701):

Two alternatives left for Priminister Naoto Kan

Censorship resolution against Yoshito Sengoku, Secretary General of Kan Cabinet
and against Sumio Mabuchi, Misniter of transportation land, infrastructure 
passed at Upper House on Thursday. I think it reasonable for the Upper House
to pass the resolution against Yoshito Sengoku, for he is reponsible for
several  seirous mistakes he made on Sekaku Island issues. He is also 
responsible for his series of serious imappropriate comments made at the diet
in addition to the above. 

But I don't agree with the censoreship resolution against Sumio Mabuchi. 
Judging from the facts and process that have been diclosed since the 
happening of video footage disclosure on Senkaku islands for internet site、
I don't believe Sumio Mabuchi is not quite responsible for video disclosure.
He is rather a victim of designation domino tactics  prepared by opposition 
fronts.
     
All opposition parties tried to increse a number of resignators as much as
possible while diet session is going on. Their final target is to overthrow
Kan Cabinet after piling up a numer of domino resignators. That's fine. But
I don't understand why opposition fronts do not try to let Naoto Kan retire
from his position rather than paying a lot attetion on resignation of his 
subordinates. Why do all opposition parties avoid to present censorship 
resolution against Prime Minister Kan? Prime Minister Naoto Kan is the man 
on the top who elected many of those cabinet members rejected from the 
cabinet. He is the top man who is resiponsible for appointing those important
positions. 
 
Needless to say the answer is obvious, of course. It is very possible that
the Lower House will be dissolved once the censorship resolution is applied
for the Prime Minister. Most of those opposition parties, probably except Your
Party, do not want that Lower House will be dissolved at this moment. Liberal
Democratic Party is not ready yet for the election. Komei Party is generally
trying to avoid election that may hopefully happen after the election of 
regular local elections in April next year. 

Liberal Democratic Party is now in the position to get into election sooner or
later for the supporting rate for their party is coming up better than 
Democratic Party of Japan. But their tactics is to wait for more time while
supporting rate for Kan Cabinet and DPJ continues to go down furhter at this
moment.

LDP intend to attack the lame duck as much as they can untill they can surely
win  general election. They take all sorts of delyaing tactics at the diet
although they know it will cause some criticism from people. But they know 
such tactics is necessary for them to come back to the diet as rulling party. 

Contrary to those tough mind LDP lawmakers, Prime Minister Naoto Kan is too
weak to win power game of politics. His all mistakes began such weak stance
he showed at last Upper House election in July. He mentioned he would consider
to introduce some parts of LDP's manifest on consummer tax increas. That's was
the major reason why DPJ lost in the election. Another serious mistake was that
he and his cabinet did not take any responsibity for the loss of the election. 

I don't think Kan Cabinet have any possibility at all that they can come back 
to gain support from people. 

There are only two alternatives left for Prime minister Kan. One is to dissolve
the diet immediately. Kan Cabinet acts as an election administration office. A
 new cabinet will born after serious confusions at the election and 
reorganizational movement in politics. No body can have any difinite idea on 
what will happen in political world after general election. I believe Prime 
Minister Kan would  not select this alternative. I think he should not select
this course of action.

The second alternative which I believe better for Kan cabinet, for DPJ and
for all parties and people of Japan, is that Kan cabinet should make general
resignation immediately and select a new Prime Minister from candidates of
DPJ. The most important function of new cabinet is to prepare budget for
next fisical year. After the budget plan is prepared, a new prime minister
will dissolve the Upper House. He may continue to stay in the power for another
two years or so if he can maintain some level of supporting rate.

Major oppostion party LDP should also have chance to present their budget 
plans to reflect all phases of their policies and manifests. They can appeal
and compete their policies by presenting their budget plan if they could win
the power in the coming election.

It's up to a new prime minister to decide when he will make general election.
May be in a year or two depend on the level of supporting rate.

It takes time any way for this country to learn democracy in this way.

2010/11/27
Tadashi HAYASE

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