What is lockdown actually? April 2, 15:03

"On day ○, Tokyo seems to be locked down."
Now, such uncertain words are flying around on SNS.
The reason for this is that there are such questions and concerns.
"What exactly is lockdown (= blockade of a city)?"
"How much can a country or local government limit?"
"The government has denied that" it has not yet reached the state of making an emergency. "
This time, we asked the person in charge thoroughly to answer these questions.
(Kazuma Ando)

Spread fake

"Lockdown" suddenly became a trend word on March 23. It is when Tokyo Governor Yuriko Koike mentioned the possibility.

The word first appeared in a proposal from a government expert meeting on March 19. Here, lockdowns are defined as `` hard measures to lock down cities for several weeks, forcibly prohibit going out, and close stores other than daily necessities, '' taking overseas cases into account. . Then, in the event of an outbreak, it states, "There are few possible policy options other than taking lockdown-like measures."

Indeed, lockdowns are already taking place in major overseas cities.

March 30. Several emails and SNS messages arrived at me.
"From April 1st or 3rd, it is said that Tokyo will be locked down. Government officials have received secret confirmation information. They will be unable to enter or leave Tokyo."
"It is likely to be activated on the night of Thursday, April 2"
"Tokyo is dangerous. The population density is so high that if the distribution stops, the materials and ingredients will be gone quickly."

Dates vary, and sources of information are uncertain. There are complaints that incite anxiety.
The reporter, however, had a strangely authentic description, so as a reporter, I ran for “backing-up” just in case, but I couldn't get a solid basis.

The government immediately denied "hoaxes" and "fake news."

Hit the person in charge! Can you "lock down"?

Is it possible to lock down in Japan in the first place?
Japan is a rule-of-law state. Even if you block a city, you must still have the underlying laws.

Therefore, we decided to explore what can be done based on the "Special Measures for New Coronavirus Measures Law" (hereinafter the Special Measures Law), which was enforced on March 14. I heard from the Ministry of Health, Labor and Welfare and the Cabinet Secretariat.

Q: Is lockdown defined by law?
A: The word "lockdown" is not mentioned anywhere in the Special Measures Law. Lockdown is an abstract concept with no clear definition. If you do something like a lockdown, it's a prerequisite that the government first issue an "emergency declaration."

Is going out forced? What are the penalties?

Q: If a declaration of emergency emerges, can I go out?
A: Under the Special Measures Law, going out cannot be enforced. Article 45 states that you can request self-control. It is a request only.

[Article 45] "The prefectural governor shall not (abbreviation) do not go out of the person's home or equivalent place except where necessary for the maintenance of his / her life, and cooperate in the prevention of other infections. I can request it. ''

Q: France, Italy, the United Kingdom, and other countries have strict legal restrictions on going out, and violators are fined. What are the penalties for going out in Japan?
A: There is no penalty for not complying.

Q: On March 28 and 29, when we were asked to refrain from going out in Tokyo, there were few people on Saturday and Sunday because of the snow. What is the difference between self-control at that time and self-control after declaring an emergency?
A: Both are requests and there is no difference. Requests for self-restraint last weekend are being managed by the Tokyo Metropolitan Government, not by law. However, after the declaration, it will be a request based on the law, and the public's consciousness may change, saying "It is bad if you do not observe it." When the government declares, it is like a foil.

What is the force of self-restraint?

Q: Then, can the event be forcibly stopped?
The “K-1” event was held at the Saitama Super Arena on March 22. At that time, despite the request of the Governor of Saitama, it was eventually opened.
A: Events will be dealt with in Article 45, paragraph 2. The governor can first "request" not to hold it, and can "instruct" if it does not respond. Although there are no penalties for instructions, instructions in the context of public authority are considered to be effectively enforceable. If you give further instructions, the governor will "publish" the company name on the homepage.

[Article 45, paragraph 2] The prefectural governor (omitted) manages schools, social welfare facilities, performance halls, and other facilities used by a large number of persons specified by a Cabinet Order, or holds entertainment using such facilities. May request that the use of such facilities be restricted or suspended, or that the holding of events be restricted or suspended or take any other measures specified by a Cabinet Order.
[Article 45, Paragraph 3] If the request under the preceding paragraph is not met without justifiable grounds, the prefectural governor may give instructions (omitted).
[Article 45, paragraph 4] When a prefectural governor makes a request or instruction, he / she shall publicly announce it without delay.

What happens to school?

Q: What about school closures?
A: This will also be based on Article 45, paragraph 2, and you will be able to request or direct school closure. Prefectural high schools are under the jurisdiction of the prefecture and can be closed at the discretion of the governor. Private schools and municipal elementary and junior high schools are built so that the governor can request school closure and give instructions if they do not respond. There are no penalties.

The store? Companies?

Q: Can you have the store closed?
A: Article 45, paragraph 2, states that "facility used by many people" can request use restrictions or suspension. "Facilities used by many people" are specified by a Cabinet Order, and the main ones are as follows.
Theaters, cinemas, theaters, exhibition halls, department stores, supermarkets, hotels, inns, gymnasiums, bowling alleys, museums, art galleries, libraries, cabarets, nightclubs, dance halls, barber shops, pawn shops, driving schools, study schools, etc.
However, only supermarkets that sell daily necessities such as food, medicine, hygiene products, and fuel can continue to operate.

Q: Can private companies be forcibly closed?
A: There is no direct rule. Stopping private economic activity is not stated anywhere in the law. If it would be the basis, request for self-control of going out of Article 45. I think some companies take a break because they can't go to work as long as they can't go outside. On the other hand, telework is perfectly fine.

What is the compensation?

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. In the first place, it is not possible to forcibly close stores or order cancellation of events.
(There is a provision to compensate the bereaved if the doctor who treats dies)

→ In particular, small- and medium-sized businesses have requested compensation, saying, "If there is no compensation, we cannot take a break. It is a matter of life and death." The government is cautious about direct compensation, stating that it is "difficult to make up for losses with taxes." However, as an additional economic measure, we are considering establishing a new subsidy system for small and medium-sized businesses and small businesses that are facing a crisis of continuation or survival of their business due to a significant decrease in sales. You. The focus will be on what measures can be taken in the upcoming economic measures.

What about transportation?

Q: Is it possible to stop public transportation such as railways and buses going to and from Tokyo?
A: Stopping public transport to block a city is not stipulated by law.
Articles 20 and 24 state that the Prime Minister and prefectural governors can make comprehensive coordination with "designated public institutions" such as railway companies. This is the opposite of stopping them, and at least the public transport must work, as public institutions must work when the infection spreads. We do not anticipate stopping railways.

Q: Can the road be blocked?
A: There is no provision for road blocking under the Special Measures Law. As a general rule, the prefectural governor may be able to regulate the prefectural roads it manages, but it does not have the authority to block it under the Special Measures Law.
On the other hand, Article 33 of the Infectious Diseases Law states that if the infected area is not sufficiently disinfected, it will be closed locally within 72 hours or cut off transportation means to prevent people from gathering there. it can. However, it is for disinfection and is not a clause that can be used to stop human movements over a wide area.

Are masks distributed? Drugs and foods?

Q: Can the government buy and distribute masks?
A: Yes. Under Article 55, you can request the sale of necessary supplies such as masks, and if you do not respond, the governor will be able to forcibly expropriate.
In addition to the Special Measures Law, the government has already purchased masks and distributed them to Hokkaido and medical institutions based on the Law Concerning the Emergency Measures for the Stabilization of National Life.

Q: What about supplies?
A: The governor can order the storage of necessary supplies such as medicines and food (Article 55, paragraph 3). 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 (Article 76). If you refuse an on-site inspection of the storage location, you will also be fined 300,000 yen or less (Article 77). Only these two have penalties.

Forced use of land and buildings

Q: Is there anything else that can be enforced when an emergency declaration is made?
A: The prefectural governor can use land and buildings without the consent of the owner if necessary to create a temporary medical facility (Article 49, paragraph 2). This is called "immediate enforcement" and is enforceable.

where? How long?

Q: When issuing an emergency declaration, which prefecture do you issue?
A: When the Prime Minister issues a declaration, he will specify the period and area. You can specify more than one state at a time.

→ The person in charge did not specify a specific place, but from multiple interviews, it is certain that Tokyo is the top candidate. There is a view that Saitama Prefecture, Kanagawa Prefecture, Chiba Prefecture and other surrounding areas are also included. Changes in the number of infected people and the extent to which infections that cannot be tracked are expanding seem to be factors for judgment.

→ Regarding the period of self-restraint requests, the government has temporarily raised the number of days to “about 21 days”. It is calculated as 21 days for a total of 7 days from infection to reporting on the 14th health observation period. Initially, it was considered to be included in the basic response policy, but it was not stated that "it is not necessary to indicate the period before issuing an emergency declaration."

"I can't refuse ..." effect

Looking at the above, even if a declaration of emergency was issued, it was found that self-restraint was based on “request” and was not enforced, so it was almost the same as the previous request for self-restraint. Also, the Special Measures Law alone cannot stop transportation and restrict corporate activities. School closures, self-restraint events, and restrictions on facility use are basically “requests” and “instructions,” and no penalties can be imposed if you go out into town. In other words, it has become clear that the current Special Measures Law cannot “lock down” like overseas. If implemented thoroughly, it will be necessary to develop separate laws with penalties, as in other countries.

However, given the Japanese national character, there is a view that many people cooperate without legal enforcement. If the state issues a state of emergency, it will have a psychological effect, reduce the need to go out, and many businesses will switch to telework and more stores will be closed temporarily.

If further instructions are given, it will be difficult for companies and schools to ignore them, as their names will be made public. There is a certain force.

Even without legal enforcement, isn't it actually a "Japanese lockdown"?

To dispel anxiety

As of March 31, the Government of Japan has emphasized that both Secretary of State Kan and Mr. Nishimura, the minister in charge of economic revitalization, are not in need of an emergency declaration, judging that they are holding up. Of course, "lockdown" is also denied. However, it is said that it is still on the verge of being on the verge, and in the future we will make a careful judgment while watching the situation.

Many people feel anxious when they hear "lockdown". Some people take the hoax and fake news out of their minds and spread. Because there is little information. What can and cannot be done by law? Also, why? I think the government has a responsibility to explain politely.

Self-restraint is based on the understanding and cooperation of the residents. Therefore, active information disclosure, including the decision-making process, is required.

* Click here for the "Special Measures against New Coronavirus Measures"

Kazuma Ando, ​​Political Section Reporter
Entered the station in 2004. Also works at Yamaguchi and Sendai stations. Ministry of Health, Labor and Welfare club cap since last August. Continue coverage of the new coronavirus.