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"Many unreliable rumours such as "Tokyo may be locked down" can be seen flying around on SNS. But what would actually happen in the case of a lockdown? I asked the person in charge." https://twitter.com/nhk_news/status/1245319764991492098
Q) Is 'lockdown' defined by law?
A) In the Special Measures Law, the word 'lockdown' is not written anywhere. Lockdown is an abstract concept with no clear definition. Even if there was something like a lockdown, the government has to declare a state of emergency first.
A) In the Special Measures Law, the word 'lockdown' is not written anywhere. Lockdown is an abstract concept with no clear definition. Even if there was something like a lockdown, the government has to declare a state of emergency first.
Q) If a state of emergency is declared, will a ban on going outside be enforced?
A) In the Special Measures Law, forcibly banning people on going outside is not possible. Article 45 states that you can 'request' self-restraint. But it's only a request.
A) In the Special Measures Law, forcibly banning people on going outside is not possible. Article 45 states that you can 'request' self-restraint. But it's only a request.
Q) In countries such as France, Italy and the U.K there are strict restrictions on going outside and violators are fined. What are the penalties for going out in Japan?
A) There are no penalties for not complying.
A) There are no penalties for not complying.
Q) What is the difference between requesting self-control before & after declaring a state of emergency?
A) There is no difference, both are just requests. However, after declaring a state of emergency it will be a request by law so people's attitudes may change to comply.
A) There is no difference, both are just requests. However, after declaring a state of emergency it will be a request by law so people's attitudes may change to comply.
Q) Can an event be forcibly cancelled?
Despite a request from the Governor of Saitama, the “K-1” event was still held at the Saitama Super Arena on March 22nd.
A) *continued below*
Despite a request from the Governor of Saitama, the “K-1” event was still held at the Saitama Super Arena on March 22nd.
A) *continued below*
A) The governor can first "request" not to hold an event, and if there is no response to the request, the governor can "instruct" an event not to go ahead. Although there are no penalties for not following instructions, they are considered to be quite effective.
Q) What would happen with schools?
A) Schools would either be requested or instructed to close. Prefectural high schools are under the jurisdiction of the prefecture and be closed at the discretion of the governor. Private schools, elementary schools...(continued)
A) Schools would either be requested or instructed to close. Prefectural high schools are under the jurisdiction of the prefecture and be closed at the discretion of the governor. Private schools, elementary schools...(continued)
and junior high schools are built so that the governor can request closure and instruct them to close if there is no response. However, there are no penalties for not complying.
Q) Would you be able to close stores?
A) Article 2 Paragraph 2 states that usage restrictions or suspension can be requested on "facilities used by many people". These include theaters, exhibition halls, department stores, supermarkets, hotels, inns, gymnasiums,...(continued)
A) Article 2 Paragraph 2 states that usage restrictions or suspension can be requested on "facilities used by many people". These include theaters, exhibition halls, department stores, supermarkets, hotels, inns, gymnasiums,...(continued)
bowling alleys, museums, art galleries, libraries, cabarets, nightclubs, dance halls, barber shops, pawn shops, driving schools, study schools, etc. Supermarkets that sell daily necessities such as food, medicine, hygiene products, and fuel would be allowed to continue operating.
Q) Could private businesses be forcibly closed?
A) There is no direct rule. Stopping private economic activity is not stated anywhere in the law. On the basis of Article 45's request for self control. I think some companies would take a break because they can't go out to work.
A) There is no direct rule. Stopping private economic activity is not stated anywhere in the law. On the basis of Article 45's request for self control. I think some companies would take a break because they can't go out to work.
Q) What is the compensation for loss if a company suspends activities or cancels an event?
A) There is no direct provision in the Special Measures Law. This is because it is not possible to forcibly close stores or order the cancellation of an event in the first place.
A) There is no direct provision in the Special Measures Law. This is because it is not possible to forcibly close stores or order the cancellation of an event in the first place.
Q) Would it be possible to stop public transportation such as railways and buses going to/from Tokyo?
A) It is not written in the law about stopping transportation to lockdown a city. Articles 20 & 24 state that the Prime Minister and prefectural governors can work... (continued)
A) It is not written in the law about stopping transportation to lockdown a city. Articles 20 & 24 state that the Prime Minister and prefectural governors can work... (continued)
together with "designated public institutions" such as railway companies to come up with adjustments. This is the opposite of stopping public transport. In fact in the case of an infection spreading public institutions must continue work, as a minimum public transport must work.
Q) Could roads be blocked?
A) There is nothing stipulated in the Special Measures Law about roadblcosk. As a general rule, the prefectural governor may be able to regulate the prefectural roads it manages, but they do not have the authority to block it... (continued)
A) There is nothing stipulated in the Special Measures Law about roadblcosk. As a general rule, the prefectural governor may be able to regulate the prefectural roads it manages, but they do not have the authority to block it... (continued)
Although, under Article 33 of the Infectious Diseases Law, if an infected area is not sufficiently disinfected, an area could be closed off for 72 hours to prevent people from gathering there. However, this is for disinfection and not to stop people's movements over a wide area.
Q) Could the government buy & distribute masks?
A) Yes. Under Article 55, they can request the selling of necessary materials such as masks, and if companies don't comply, the governor will be able to forcibly make them do so.
A) Yes. Under Article 55, they can request the selling of necessary materials such as masks, and if companies don't comply, the governor will be able to forcibly make them do so.
Q) What about supplies?
A) The governor can order the storage of necessary supplies, such as medicines and food. Hiding or discarding supplies without following the order will result in imprisonment for up to 6 months or a fine of up to ¥300,000... (continued)
A) The governor can order the storage of necessary supplies, such as medicines and food. Hiding or discarding supplies without following the order will result in imprisonment for up to 6 months or a fine of up to ¥300,000... (continued)
If you refuse an on-site inspection of a storage location, you will also be fined 300,000 yen or less . Only these two things have penalties.
Q) Is there anything else the government can forcibly do in the case of a state of emergency?
A) If necessary, the governor of a prefecture will be able to use land and buildings without the consent of an owner in order to create temporary medical facilities.
A) If necessary, the governor of a prefecture will be able to use land and buildings without the consent of an owner in order to create temporary medical facilities.
Q) If a state of emergency is declared, which prefecture will this be declared to?
A) If the PM declares a state of emergency, he will state the area and for how long at that time. It is possible that a state of emergency could apply to several prefectures at the same time.
A) If the PM declares a state of emergency, he will state the area and for how long at that time. It is possible that a state of emergency could apply to several prefectures at the same time.
