Japanese 'cult' law pays full respect to human rights

I refer to the recent speech made by Secretary for Security Regina Ip Lau Suk-yee and reported in 'Religious freedom 'alive and well' ' (South China Morning Post, July 14) in order to clarify several points about the relevant legislation in Japan.

In her speech, Mrs Ip referred to Japan's 'Law to Control Organisations that have Committed Indiscriminate Mass Murders,' which is currently applied solely to the Aum Shinri Kyo. It should be noted that this law only targets organisations or groups that have committed indiscriminate mass murders. Within the legislation there is no reference to 'cults', and thus this law is not technically an 'anti-cult law', even though the Secretary for Security referred to this law in the part of her speech subtitled 'Legislation to Outlaw Cultic Organisations'. In view of the sensitive nature of this type of legislation, the law has been very carefully constructed to pay the highest respect to human rights as enshrined in the Japanese constitution.

It should be noted that firstly, the law will only be applied to groups or organisations that have committed indiscriminate mass murders in the past 10 years. Groups that have not committed such activities in the past are beyond the scope of this law, even if there is concern that they may commit such crimes in the future.

Secondly, the Public Security Examination Commission (PSEC) is responsible for deciding whether or not a specific organisation should come under the law's regulations. It should be noted that the PSEC is an independent administrative committee, and the Japanese Government itself does not have the final say in any decisions enacted under this law.

Thirdly, in terms of the legal effect, although it is true that organisations designated by the PSEC come under the regulations of the law, it should be noted that the law cannot outlaw or dissolve these organisations. Under the Japanese system, organisations designated by the PSEC will still be allowed to exist and are legitimately free to conduct most of their normal activities.

Finally, the law clearly stipulates its usage should be minimised in order not to unnecessarily and arbitrarily harm human rights as protected by the Japanese constitution. Indeed, the law criminalises the abuse of power by authorities, and as such officers who abuse the power of this law are liable to prosecution.