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UNCLAS SECTION 01 OF 09 TOKYO 002969 
 
SIPDIS 
 
DEPT FOR E, P, EB, EAP/J, EAP/P, EAP/PD, PA; 
WHITE HOUSE/NSC/NEC; JUSTICE FOR STU CHEMTOB IN ANTI-TRUST DIVISION; 
TREASURY/OASIA/IMI/JAPAN; DEPT PASS USTR/PUBLIC AFFAIRS OFFICE; 
SECDEF FOR JCS-J-5/JAPAN, 
DASD/ISA/EAPR/JAPAN; DEPT PASS ELECTRONICALLY TO USDA 
FAS/ITP FOR SCHROETER; PACOM HONOLULU FOR PUBLIC DIPLOMACY ADVISOR; 
CINCPAC FLT/PA/ COMNAVFORJAPAN/PA. 
 
E.O. 12958: N/A 
TAGS: OIIP KMDR KPAO PGOV PINR ECON ELAB JA
 
SUBJECT: JAPANESE MORNING PRESS HIGHLIGHTS 10/24/08 
 
Index: 
 
Defense and security affairs: 
1) Chief Cabinet Secretary Kawamura cautious about Japan dispatching 
SDF to join ISAF in Afghanistan  (Nikkei) 
2) Defense Ministry announces that 20 ships from seven countries 
received fuel during Feb-Sept from MSDF in Indian Ocean  (Tokyo 
Shimbun) 
3) Democratic Party of Japan (DPJ) clashes with ruling camp in the 
Upper House on MSDF refueling bill, stopping deliberations three 
times  (Asahi) 
4) DPJ Secretary General Hatoyama, now playing hardball in the Upper 
House, warns ruling parties that bill for refueling mission in the 
Indian Ocean could slip  (Mainichi) 
5) "Secret agreement" in 1953 between U.S, Japan on not prosecuting 
off-duty crimes of servicemen found in declassified documents; Chief 
Cabinet Secretary Kawamura denies existence of secret agreement 
between U.S., Japan not to prosecute crimes committed by G.I.s off 
duty  (Asahi) 
 
6) Foreign Minister Nakasone slammed in Diet for poor responses to 
Upper House Foreign Affairs Committee  (Mainichi) 
 
7) Prime Minister Aso travels to Beijing for ASEM, hoping to shore 
up diplomatic credentials  (Sankei) 
 
Political agenda: 
8) Prime Minister Aso says that Diet dissolution is not that far off 
 (Mainichi) 
9) LDP is split in two over early or late Diet dissolution  (Nikkei) 
 
10) Financial crisis influencing Diet schedule, with growing mood 
now among lawmakers to avoid a Nov. 30 election  (Asahi) 
11) LDP creates project team to look into political donations from 
companies with pyramid schemes  (Asahi) 
12) Prime Minister Aso again defends his posh nightlife: Everybody 
goes to hotel bars  (Asahi) 
 
13) DPJ President Ozawa's health situation again comes up when he 
skips meeting with Indian Premier Singh  (Asahi) 
 
Articles: 
 
1) Chief Cabinet Secretary Kawamura expresses caution about dispatch 
of SDF to assist Afghanistan 
 
NIKKEI (Page 2) (Excerpts) 
Eve., October 23, 2008 
 
Substantive debate began on the morning of Oct. 23 in the Upper 
House Foreign and Defense Affairs Committee on the bill extending 
Maritime Self-Defense Force (MSDF) refueling activities in the 
Indian Ocean. However, Chief Cabinet Secretary Tateo Kawamura 
expressed a cautious view about the Self-Defense Forces (SDF) 
joining the International Security Assistance Force (ISAF), which is 
deployed to the mainland of Afghanistan. He said: "Under the severe 
conditions there now, we need to be cautious in discussing this, for 
example, on ensuring he safety of personnel. At this point, we 
cannot say whether we can send anyone or not." 
 
Democratic Party of Japan (DPJ) lawmaker Naoshi Otsuka asked: "Do 
ISAF and similar activities come under the use of force?" Foreign 
 
TOKYO 00002969  002 OF 009 
 
 
Minister Hirofumi Nakasone replied that under international law, 
there was no use of force, but he expressed his perception that 
there needed to cautious consideration given apart from 
constitutional interpretation. Otsuka was not convinced by this 
explanation, and the deliberations were halted from time to time. 
Chairman Shunmi Kitazawa, when time allotted for DPJ questioning had 
ended, cut off the remaining questions. 
 
2) Defense Ministry reveals MSDF-refueled ships 
 
TOKYO SHIMBUN (Page 2) (Full) 
October 24, 2008 
 
The Defense Ministry yesterday announced the names of 20 vessels 
from seven countries that received fuel from the Maritime 
Self-Defense Force in the Indian Ocean between February and 
September this year under the new Antiterrorism Special Measures 
Law. 
 
Among the 20 MSDF-refueled vessels, there are the three U.S. 
destroyers Carney, Shoup, and Gridley. From Britain, there are the 
destroyers Edinburgh and Manchester and the frigate Lancaster. In 
addition, there are six ships from France, three each from Canada 
and Pakistan, and one each from Germany and New Zealand. 
 
3) DPJ stand off in upper chamber over refueling bill 
 
ASAHI (Page 4) (Abridged) 
October 24, 2008 
 
The House of Councillors Committee on Foreign Affairs and Defense 
entered into substantial deliberations yesterday on a bill amending 
the Refueling Assistance Special Measures Law to extend the Maritime 
Self-Defense Force's refueling activities in the Indian Ocean for 
another year. However, the leading opposition Democratic Party of 
Japan (Minshuto) repeatedly interrupted the committee's 
deliberations, claiming that Foreign Minister Nakasone's reply was 
inadequate. The DPJ is now becoming irritated since there is still 
no knowing when the House of Representatives will be dissolved for a 
general election, and the ruling and opposition parties will likely 
square off in the House of Councillors. 
 
Asked about U.S. military operations and multinational forces' 
antiterror mop-up operations in Afghanistan, Nakasone stated that 
these operations are policing activities and do not fall under the 
use of armed force under international law. Concerning this reply, 
the DPJ's Tadashi Inuzuka pursued: "If it's not the use of armed 
force, it's possible to send the Self-Defense Forces there, isn't 
it?" Nakasone replied, "We need considerably prudent studies, 
including its relevance to constitutional interpretation." Inuzuka, 
however, was not satisfied with this reply.  The committee's 
deliberations stopped time and time again. 
 
In the committee's deliberations yesterday, the DPJ's Shinkun Haku 
asked when the U.S. government notified the Japanese government of 
delisting North Korea as a state sponsor of terrorism. Nakasone 
reiterated, "I'd like to abstain from commenting partly because we 
have something to do with the U.S. government." Consequently, the 
committee discontinued its deliberations from time to time. 
 
4) DPJ's Hatoyama warns that enactment of refueling extension bill 
might be delayed 
 
TOKYO 00002969  003 OF 009 
 
 
 
MAINICHI (Page 5) (Full) 
October 24, 2008 
 
Democratic Party of Japan Secretary General Yukio Hatoyama in a 
press conference on Oct. 23 touched on a bill amending the New 
Antiterrorism Special Measures Law to extend the refueling mission 
in the Indian Ocean. Referring to the government's and ruling 
coalition's aim to enact the legislation on Oct. 30, Hatoyama said: 
"It could slip (to Oct. 31 or later) depending on how the 
deliberations turn out." Appearing on TV on the night of Oct. 23, he 
also emphatically said: "If this caretaker government cannot carry 
out an election, we have to change our response." 
 
The Upper House Foreign Affairs and Defense Committee has carried 
its conclusion over to the next week, as it failed on Oct. 23 to 
decide on an Oct. 28 vote, the prerequisite for the law's enactment 
on Oct. 30. In view of such a situation, Hatoyama's comments were 
intended to apply pressure to those in the ruling coalition calling 
for the postponement of the election. 
 
5) Japan made secret deal to waive jurisdiction over GI off-duty 
crimes 
 
ASAHI (Page 34) (Abridged) 
October 24, 2008 
 
Although Japan and the United States have concurred on Japan's 
jurisdiction over crimes committed by U.S. military personnel and 
others stationed in Japan, there exists a document implying that the 
two countries actually had concluded a secret pact under which Japan 
waives its jurisdiction over crimes with the exception of major 
incidents, Shoji Niihara, a researcher of international affairs, 
announced yesterday. The government has denied that there has been 
such a deal. 
 
According to Niihara, the document was found at the U.S. National 
Archives. On Oct. 28, 1953, when the Japanese and U.S. governments 
negotiated to revise an administrative agreement preceding the 
Japan-U.S. Status of Forces Agreement (SOFA), which stipulates the 
status of U.S. forces stationed in Japan, the document was left in 
the form of keeping private records from the proceedings of an 
intergovernmental joint committee meeting, Niihara said. 
 
The records of discussions from the joint committee meeting are 
written in English, quoting a Japanese government representative as 
stating that Japan will not exercise its jurisdiction over incidents 
other than those considered "extremely important." 
 
According to the Foreign Ministry and other sources, the former 
administrative agreement, which was concluded in 1952, allowed U.S. 
jurisdiction over all crimes committed by U.S. soldiers stationed in 
Japan. In 1953, however, Japan and the United States negotiated to 
revise the administrative agreement and concurred on transferring 
jurisdiction to Japan over off-duty crimes. 
 
In addition, Niihara has also obtained documentation of records 
filed by the American Embassy in Japan under the date of Aug. 25, 
¶1953. The records, according to Niihara, specify that the United 
States proposed leaving the bilateral concurrence on Japan's waiver 
of jurisdiction in such forms as exchanging notes but Japan sought 
to take the form of secret records. A U.S. Army report, entitled 
 
TOKYO 00002969  004 OF 009 
 
 
"Statistics on the Exercise of Criminal Jurisdiction on U.S. 
Military Personnel," describes that Japan waived its jurisdiction 
over an annual total of 2,300-4,600 cases or 89 PERCENT  to 97 
PERCENT  among crimes committed by U.S. military personnel between 
1954 and 1963. 
 
No secret deal: Kawamura 
 
Concerning the revelation of a document that shows the existence of 
a secret deal between the Japanese and U.S. governments, Chief 
Cabinet Secretary Kawamura told the press yesterday: "There's no 
difference between judgments over whether or not to indict 
(suspects) among incidents caused by Japanese nationals and those 
caused by U.S. military personnel. The rate of indictments last year 
also shows that the rate for U.S. military personnel is higher. 
There's no secret deal-this is evident from the outcome, I think." 
Meanwhile, the Foreign Ministry commented: "It's not true that Japan 
made a secret agreement with the United States to waive jurisdiction 
in certain cases." 
 
6) Foreign Minister Nakasone's clumsy answer embroils Upper House 
Foreign and Defense Committee session 
 
MAINICHI (Page 5) (Abridged slightly) 
October 24, 2008 
 
The Upper House Foreign Affairs and Defense Committee began 
yesterday deliberating on a bill amending the New Antiterrorism 
Special Measures Law. The session was disrupted by a reply on the 
government's constitutional interpretation by Foreign Minister 
Hirofumi Nakasone, who is an education policy expert and is 
unfamiliar with security affairs. 
 
It all started with a question about operations in Afghanistan by 
the U.S. military and other forces. The deliberations stalled when 
the foreign minister explicitly said: "They do not constitute the 
use of force." The operations now underway by the U.S.-led coalition 
forces at the request of the Afghan government do not constitute the 
use of force under international law.  But there are many 
restrictions on the use of force under the Constriction. For this 
reason, the government has avoided a definitive answer, with the 
Foreign Ministry indicating that the matter required careful 
consideration. 
 
In response to the answer that omitted this distinction, Tadashi 
Inuzuka of the Democratic Party of Japan asked: "If the operation 
does not constitute the use of force (under the Constitution), is 
Japan allowed to send the SDF to Afghanistan?" In a panic, the 
government offered another explanation, with Chief Cabinet Secretary 
Takeo Kawamura saying, "It can constitute the use of force under the 
Constitution." 
 
7) Aso in Beijing to attend ASEM, with aim of redressing diplomatic 
setbacks 
 
SANKEI (Page 5) (Excerpts) 
October 24, 2008 
 
(Imahori, Beijing) 
 
Prime Minister Taro Aso left Haneda Airport by government plane and 
arrived in Beijing last night for an Asia-Europe Meeting (ASEM) 
 
TOKYO 00002969  005 OF 009 
 
 
summit. Over the past month since he assumed office on Sept. 24, the 
prime minister has suffered major setbacks on the diplomatic front, 
including Washington's delisting of North Korea as a state sponsor 
of terrorism and Japan's inability to host an emergency summit on 
the global financial crisis despite it being the current chair of 
the Group of Eight (G-8) summit. Will Aso be able to place "Aso 
diplomacy" on the right track in Beijing, which he did not visit 
even when he was serving as foreign minister? 
 
The visit to Beijing is the first overseas trip since Prime Minister 
Aso visited New York to attend the UN General Assembly on Sept. 
25-27, just after he came into office. While in Beijing, he will 
meet South Korean President Lee Myung-bak, Chinese Premier Wen 
Jiabao, and Chinese President Hu Jintao on Oct. 24. He will endeavor 
to build relations of confidence with the leaders of China and South 
Korea on a priority basis. They are expected to exchange views on 
the North Korean nuclear issue. Aso also intends to take up the 
issue of North Korea's past abductions of Japanese nationals. 
 
On the 24th, Aso will attend a reception in commemoration of the 
30th anniversary of the conclusion of the Treaty of Peace and 
Friendship between Japan and China. After the reception, Aso will 
attend the ASEM summit through the 25th, at which he will explain 
Japan's measures to contain the global financial crisis. In 
addition, he intends to underscore Japan's position on the Korean 
Peninsula. 
 
He is also scheduled to meet German Chancellor Angela Merkel and 
French President Nicolas Sarkozy prior to the summit. 
 
8) Aso: "Dissolution is not in distant future" 
 
MAINICHI (Page 5) (Full) 
October 24, 2008 
 
Prime Minister Taro Aso held a meeting at his official residence 
yesterday with LDP Tax System Research Commission Chairman Yuji 
Tsushima. Tsushima later quoted Aso as saying about a Lower House 
dissolution for a snap general election: "The time will come for us 
to receive the people's verdict. That is not in the distant future." 
After the meeting, Tsushima also said to reporters: "I was able to 
feel that (the prime minister) has considerable resolve." 
 
9) LDP divided over timing for Lower House dissolution 
 
NIKKEI (Page 2) (Full) 
October 24, 2008 
 
Members of the Liberal Democratic Party (LDP) are now divided over 
when the House of Representatives will be dissolved for a snap 
election. Close aides to Prime Minister Aso are calling on Aso to 
delay the election to early next year or after, while the leadership 
is insisting on an early dissolution, echoing the New Komeito. 
Meanwhile, junior party members, who have already started 
preparations for the election, are voicing complaints, irritating at 
being unable to read the prime minister's real intention. 
 
LDP Secretary General Hiroyuki Hosoda said in a meeting of his 
support group yesterday: "I promise to do my best in the run-up to 
the election." Former Secretary General Hidenao Nakagawa, president 
of the largest Machimura faction, said in its meeting: "(The prime 
minister) should not show that he is clinging to political power," 
 
TOKYO 00002969  006 OF 009 
 
 
urging Aso to quickly dissolve the Diet. 
 
Hosoda, who is the chief advocate of an early dissolution, said that 
the prime minister intends to come up with new policies after the 
party wins a victory in the election. The leadership takes the view 
that even if the election is delayed into next year, the 
administration might be driven into a corner because there are no 
prospects for implementing such pending matters as swift enactment 
of next fiscal year's budget. 
 
But the atmosphere has changed since three senior officials who 
enjoy the prime minister's confidence advised him on the night of 
Oct. 16 that he should delay the timing of the election and 
suggested that he should demonstrate his own policy imprint. The 
three who so advised him were Finance Minister and State Minister in 
Charge of Financial services Shoichi Nakagawa, Election Strategy 
Council Vice Chairman Yoshihide Suga, and State Minister in Charge 
of Administrative Reform Akira Amari. A poll conducted by the LDP in 
late September showed that the ruling coalition could lose its 
majority. But the result of the latest survey in mid-October was 
even worse than the previous one. Additionally, the stock market has 
been wildly fluctuating. Given this, an increasing number of LDP 
members have begun to favor the idea of postponing the election. 
 
In an attempt to turn around the situation, one LDP executive flat 
out said: "It would be better to dissolve the Diet after the bill to 
continue the Maritime Self-Defense Force's refueling mission in the 
Indian Ocean is enacted. The Lower House should be dissolved in 
October." Another senior member appealed directly to Aso: "Unless 
you decide to dissolve the Diet now, we will face trouble in the 
next ordinary Diet session." 
 
With the date of Lower House dissolution still undecided, some 
members have begun to voice complaints, one grumbling: "My monthly 
preparation cost for the election is several million yen. I am fed 
up with the current situation." In a press conference yesterday, New 
Komeito Secretary General Kazuo Kitagawa stressed that the prime 
minister should decide to dissolve the Lower House regardless of the 
economic situation, saying: "We should expect the current situation 
to last not just briefly but for a long time." 
 
10) Financial crisis casting pall over Lower House dissolution: Call 
for avoiding November 30 vote deep-rooted 
 
ASAHI (Page 2) (Full) 
October 24, 2008 
 
Prime Minister Aso is considering officially announcing a Lower 
House election on November 18 and holding a vote on November 30. The 
ruling camp is characterizing a new economic stimulus package as the 
showcase of its Lower House election campaign pledges. The package 
is expected to be finalized on October 30. A bill amending the new 
Antiterrorism Law to extend the Maritime Self-Defense Force's 
refueling mission is also expected to be passed into law the same 
day. However, there is a growing view that the prime minister should 
not dissolve the Lower House when the financial crisis is 
deepening. 
 
Aso on the 23rd gave an order to look into adopting additional 
economic pump-priming measures. Many ruling party members took that 
to mean that the prime minister probably thought that it would be 
impossible to go into the election with insufficient specifics. 
 
TOKYO 00002969  007 OF 009 
 
 
 
However, the prime minister's real intent concerning a Lower House 
dissolution is not clear. Asked about the timing of dissolving the 
Lower House by LDP Tax System Research Commission Chairman Yuji 
Tsushima, he replied, "When the time to seek the people's judgment 
comes, I will do so. It will come before too long." He also 
indicated a cautious stance to participants at an Imperial garden 
party held at the Akasaka Imperial Gardens, "Is it all right to 
dissolve the Diet when stock prices are fluctuating?" 
 
It would be difficult to hold a Lower House election on November 30, 
unless it is dissolved in early November. If it is to be held on a 
later date, there would be a strong possibility of the compilation 
of the fiscal 2009 budget being put off until next year. 
 
Provided that the Lower House election is put off, the DPJ, which is 
seeking an early dissolution, would change its current cooperative 
stance toward the steering of the Diet. Should that occur, the 
management of the administration would become stormy. For this 
reason, LDP Secretary General Hosoda and former chairman of the LDP 
caucus in the Upper House Mikio Aoki are insisting on an early 
November dissolution. 
 
The prime minister revealed his concern to his aides, "There is fear 
that if Japan goes to the polls, it could be left behind in the 
international community, which is busy dealing with the financial 
crisis." For this reason, many take the view that the prime minister 
is determined to put off the dissolution of the Lower House until 
after the year-end compilation of the fiscal 2009 budget." 
 
The DPJ is increasingly becoming impatient about the unclear Lower 
House dissolution schedule. Deputy President Kan in a street-corner 
campaign speech in Yamaguchi City on the 23rd provoked the prime 
minister, saying, "If the prime minister cannot dissolve the Lower 
House this year, I would tell him to change his name to Wimpy 
Taro." 
 
11) LDP launches project team to investigate donations by multilevel 
marketing companies 
 
ASAHI (Page 4) (Full) 
October 24, 2008 
 
The LDP on October 23 set up a project team to pursue the multilevel 
marketing business (chairman: Katsuei Hirasawa, deputy chairman of 
the Diet Affairs Committee; deputy chairman: Masashi Waki, deputy 
chairman of the Upper House Diet Affairs Committee). The aim is to 
investigate DPJ lawmakers regarding political donations and speech 
fees. The panel will hold its first meeting on the 24th. 
 
The LDP is looking into conducting witness interviews with DPJ 
lawmakers during Diet deliberations, based on investigation results. 
Yoshitaka Murata, first deputy chairman of the Diet Affairs 
Committee, told a news conference on the 23rd, "There is a 
possibility of money of victims of such a business method having 
fallen into the hands of the DPJ as political funds." 
 
Concerning the issue of State Minister for Consumer Affairs having 
her fund-raising political party tickets worth 160,000 yen purchased 
by Amway Japan, Murata said, "That is another issue." 
 
12) Prime minister again rebuts criticism of late night carousing 
 
TOKYO 00002969  008 OF 009 
 
 
 
ASAHI (Page 4) (Full) 
October 24, 2008 
 
Commenting on his frequenting of hotel bars and posh restaurants in 
the evening, Prime Minister Aso on October 23 again stressed his 
view that that is not a problem, saying, "The image that hotel bars 
are expensive is not correct, because anybody can go there." He made 
this comment in response to a question asked by a reporter at the 
Kantei. 
 
The prime minister on the 22nd told reporters, "Hotel bars are safe 
and inexpensive. I have no intention of stopping going there." 
 
In the meantime, Deputy Chief Cabinet Secretary Jun Matsumoto, the 
prime minister's aide who is said to be most frequently with him on 
such occasions, defended the prime minister in a news conference on 
the 23rd, saying, "Basically, such a habit is the prime minister's 
lifestyle." Asked whether other persons were present on such 
occasions, which reportedly took place between the prime minister 
and himself alone, Matsumoto replied, "I have no recollection on 
that." One of the persons Asahi Shimbun interviewed admitted that he 
was meeting with the prime minister on the evening of the 10th, the 
day when the prime minister was allegedly with Matsumoto alone. 
 
13) Condition of DPJ head Ozawa continues to be a problem, with 
rumor of ill health rekindling 
 
ASAHI (Page 4) (Full) 
October 24, 2008 
 
The health condition of Democratic Party of Japan President Ichiro 
Ozawa, 66, continues to be a problem. Although he went out stumping 
on Oct. 22 for the first time since being released from hospital, he 
was absent from a meeting with Indian Prime Minister Manmohan Singh 
the next day, Oct. 23. Despite his efforts to recuperate from a cold 
since mid-September, he does not seem to be his normal self. 
 
DPJ executives were busy explaining Ozawa's health situation 
yesterday morning. Secretary General Yukio Hatoyama told Prime 
Minister Singh that Ozawa has had a hard schedule. Deputy President 
Naoto Kan explained to the press corps that it showed Ozawa's 
efforts to maintain his health. Upper House Caucus Chairman Azuma 
Koshiishi said in a press conference: "There is no need to worry. He 
will be on his (regional political tour) tomorrow, as planned." 
 
According to a party source, Ozawa attended a meeting in Tokyo after 
returning from Fukuoka on the night of Oct. 22. The source also said 
that on the morning of Oct. 23 Ozawa had conveyed to a party 
executive his intention to cancel his attendance at all party and 
political events, including a party executive meeting. 
 
Ozawa was hospitalized for treatment of a heart problem in June 
¶1991. His health is drawing much attention because there has been a 
rumor since then that he is in poor health. Appearing on an Internet 
program on Oct. 19, Ozawa said: "I used to drink a lot, but since I 
had an illness and experienced a heart problem, I haven't drunk 
much." 
 
A lawmaker close to Prime Minister Taro Aso indicated that Ozawa's 
health has been a factor to determine when to dissolve the Lower 
House, saying, "The Kantei (Prime Minister's Official Residence) has 
 
TOKYO 00002969  009 OF 009 
 
 
also received information on Mr. Ozawa's health condition." Asked by 
a reporter if Ozawa can serve as prime minister in a press 
conference yesterday, New Komeito Secretary General Kazuo Kitagawa 
said: "The position requires sound health and vigor." 
 
SCHIEFFER