Law Concerning the National Flag and Anthem
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This article is about a law of Japan.
"Law Concerning the National Flag and Anthem" is a word-to-word translation for an Act on Japan's national flag and anthem, which was promulgated and enforced on August 13, 1999.
Original name: 国旗及び国歌に関する法律 (abbrev.: 国旗国歌法)
Name in rōmaji: Kokki Oyobi Kokka ni Kansuru Hōritsu (abbrev.: Kokki Kokka Hō)
English name (non-official): Act on National Flag and National Anthem
Enforced: on August 13, 1999.
Composed of: 2 main articles, 3 supplementary provisions, 2 appended forms.
English translation (non-official): (see the section below.)
Contents |
[edit] Provisions
This Act provides:
- Nisshōki (日章旗 ?, Sun-circle flag) shall be the national flag;
- Kimigayo (君が代 ?) shall be the national anthem.
This Act does not provide:
- whether people shall pay respect toward the flag or the anthem;
- whether / when / where people shall display / observe the flag or play / sing the anthem.
This flag has various names: officially "Nisshōki"; commonly "Hinomaru" (日の丸 ?); in English, "Sun-circle flag" or "Rising-sun flag"
[edit] Background of the legislation
[edit] Stance of the Ministry of Education
Before this Act, there existed no definite legal basis to designate the flag or the anthem as Japan's national flag or anthem. However, the flag or the anthem was de facto regarded as such in some laws or regulations.
For school educations, the Gakushū Shidō Yōryō (学習指導要領 ?, the Courses of Study) by the Ministry of Education had such clauses.
Especially, as to annual ceremonies, revision of March, 1989 (enforced in 1990) of the Courses of Study for junior high and elementary schools demanded:
- teachers should fly the national flag and teach students / pupils to sing the national anthem,
which was strengthen from 'it's desirable to do so.'
It was becoming an obligatory task for teachers of public schools to display Hinomaru and sing Kimigayo (as models for the kids) at ceremonies.
[edit] Sudden movement
At the point of February, 1999, the then Prime Minister Keizō Obuchi replied to the Diet that the government thought there was no need for legislation of national flag and anthem. However, this standpoint was changed within a week, presumptively directly triggered by this incident:
- on February 28, sadly a principal of a Hiroshima Prefectural senior high school committed a suicide just before its graduation ceremony, apparently due to a dispute over a Prefectural Education Board's order concerning Hinomaru and Kimigayo.
Two days later on March 2, 1999, Chief Cabinet Secretary Hiromu Nonaka announced that the government would seek the legislation. And, on June 11, the Prime Minister submitted the bill.
The bill was passed by the House of Representatives on July 22 by a vote of 403 to 86, and on August 9 by the House of Councillors by a vote of 166 to 71.
[edit] English translation (non-official)
Source:
- 国旗及び国歌に関する法律(http://law.e-gov.go.jp/htmldata/H11/H11HO127.html)
- on a databese run by the Ministry of Internal Affairs and Communications, whose contents are based on the Official Gazettes.
Note:
- This is a non-official translation.
- The translator consulted the Standard Bilingual Dictionary (March 2008 edition), but not followed it strictly.
Translation of extracts from:
Act on National Flag and National Anthem
(Act No. 127 of August 13, 1999)
(National Flag)
Article 1. Nisshōki (日章旗 ?, Sun-circle flag) shall be the national flag.
(2) The regular format of Nisshōki shall be as prescribed in Appended Form 1.
(National Anthum)
Article 2. Kimigayo (君が代 ?) shall be the national anthem.
(2) The lyrics and the music of Kimigayo shall be as prescribed in Appended Form 2.
Supplementary Provisions
(Effective Date)
(1) This Act shall come into effect as from the day of promulgation.
(Repeal of Merchant Ship Ordinance)
(2) Merchant Ship Ordinance (Proclamation No. 57 by the Grand Council of State of January 27, 1870) shall be repealed.
(Exception to the regular format of Nisshōki)
(3) ((tr. omitted))
Appended Form 1 (Re: Art. 1)
The regular format of Nisshōki (日章旗 ?, Sun-circle flag)
((tr.: see the omitted image in the source.))
(i) Proportion of sizes and position of Nisshō (日章 ?, Sun-circle mark)
Height: Two-thirds of the width
Nisshō :
- Diameter: Three-fifths of the height
- Center: The center of the flag
(ii) Coloring
Background: White
Nisshō: Crimson
Appended Form 2 (Re: Art. 2)
The lyrics and the music of Kimigayo (君が代 ?)
(i) Lyrics ((original))
- 君が代は 千代に八千代に さざれ石の いわおとなりて こけのむすまで
(ii) Music
((tr.: see the omitted image in the source.))
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