The Home Office Proposal to Ban

"SAMURAI SWORDS"

Latest news from the Home Office

Response to the Home Office 

The following is a response from To-ken Society of Great Britain to the Home Office consultation document, Banning Offensive Weapons, which considers placing “samurai swords” on the prohibited weapons list. Our Society is the oldest Japanese sword study group in Europe, where no such ban exists and represents in excess of over 300 members internationally.

The questions in the consultation paper are answered simplistically below, but additional and necessary comments have been added under “comments” after each answer. An appendix at the end makes important and relevant points regarding the Consultation Paper, which we feel are not adequately covered in the quite narrow confines of the questions. We hope that this is seen as constructive and helpful, whilst endeavouring to show a balanced and realistic view of the consultation

QUESTION 1: Should curved, single edged swords (sometimes known as “samurai swords”) be added to the Offensive Weapons Order?

ANSWER: NO.

Comments:

The difficulty is that many types of swords are curved and single edged. Almost anything may be called “samurai swords” by the uniformed press and officialdom, who cannot be expected to know the technical differences and this, is quite understandable. Unfortunately the press are prone to make generalisations to create good headlines and copy. This also even applies to police and other officials who have been known to call Burmese dhas, machetes, sabres and other curved blades, “samurai swords”. Therefore, the construction of the question is very loose and open to great misinterpretation which could easily be challenged in court. We do not believe that it is the intention of the proposal to put all these other items onto the prohibited weapons list and therefore, our simplistic answer must be “No”.

From our perspective, the definition as shown in 2.8 (which we were instrumental in forming) is a far more accurate definition of a true Japanese art sword and we agree with this.

Warning: It might also be considered that by banning “samurai swords” the reverse effect to the intention of the proposal may be encouraged. If there is an element of society who feel that carrying a bladed weapons is a macho thing, then having an illegal weapon might be seen to enhance “street cred” and would certainly not diminish it.

QUESTION 2: Do you agree with the definition as suggested and should there also be a minimum length of blade for the weapon?

ANSWER:  NO. We do not agree with this extremely loose definition (2.7) as it may include, or could be used to include, almost anything.  For minimum length see “comments below”.

Comments:

Definition: If cheaply imported replica swords, that imitate true Japanese swords, are the real target of this regulation, then there may a case for this definition, but it is far too vague (maybe intentionally). However, it this is hard to justify without all those  other items, previously mentioned, also being included.  Again, if cheap imports are the real target the possibility of a price barrier might be considered. Should these cheap, readily available, imported swords be defined as say, anything under £200, and marketed as “samurai swords” then this would more clearly define the problem articles and everything else could be left alone. We feel that, as suggested above, a financial minimum might have a “natural selection” effect as this would precisely target the problem of cheap readily available imports. In other words they would no longer be “cheap” imports. From our perspective, the definition as shown in 2.8 (which we were instrumental in forming) is a far more accurate definition of a true Japanese art sword and we agree with this.

Throughout this consultation, we seem to be trying to define those swords which may be exempted from a ban and the effort would be better directed at defining those items which are considered to be truly worthy of banning.

Length The minimum length for a Japanese long sword blade is defined in the Japanese sword community as being over 60 cm’s (this is measured from the point, along the back in a straight line to the beginning of the tang – see diagram). Although swords of a shorter length are also made (wakizashi, tanto or shoto) these are not generally the two handed weapon you might call a “samurai sword”.

QUESTION 3: Should there exemptions for genuine Japanese swords? On what grounds?

ANSWER: YES. Although it should be noted that the question presupposes that a ban will be implemented and that exemptions would then be considered. Grounds for exemption are shown below

Comments:

The To-ken Society, following a meeting which included the British Kendo Association, Vernon Coaker and others (July 06) made a submission to the Home Office in our paper prepared in September 2006 which was widely circulated to Home Office officials (a copy is attached here). This states the case for exemptions for genuine Japanese swords.. In summary, the case for exemptions for genuine Japanese swords is:

a)    In all civilised countries worldwide, Japanese swords are considered as world heritage fine art by all collectors, museums and major auction houses where they are catalogued as such. The Royal collection of Japanese swords contains a number of significant articles.

b)    For centuries in Japan, as well as in the advanced western countries, their historical, cultural and artistic properties have been universally recognised. Even General McArthur, who occupied Japan at the end of World War 2, recognised this and prevented the wholesale destruction of the Japanese sword.

c)  Worldwide art appreciation societies such as To-ken Society of Great Britain, are dedicated to the study, appreciation and preservation of Japanese art swords. This provides a basis for international goodwill, cultural exchange and understanding.

d)  Collectors of our Society abide by a code of conduct and the strict traditional etiquette of handling and transporting Japanese swords. We will not even touch a blade with our naked hand for fear that perspiration may cause rust or damage!

e)  The practice of Japanese sword related martial arts such as Iai-do, would be impossible without a full exemption (see answer to Question 4)

f)    It has been said by high ranking police officials involved in Operation Blunt, for example, that neither swords nor bayonets are the problem in street knife crime. Rather small easily concealed knives, of which here are tens of thousands, are the problem. The banning of Japanese swords would, therefore, have no impact on violent crime and is therefore, completely unnecessary. However, as it seems that such a ban is almost inevitable, regardless of this consultation, exemption or exception would be needed for certain responsible groups.

QUESTION 4: Should there be an exemption for martial arts practitioners? How should this exemption be framed?

ANSWER: YES. Others, such as our colleagues at the British Kendo Association (BKA) are better placed to answer this question in detail, as we represent collectors rather than martial artists.

Comments:

Without an exemption, it will be impossible to practice the Japanese sword orientated martial arts such as Iai-do (in which Great Britain excels on the international stage). As such arts teach discipline, respect for authority, politeness and a host of other things beneficial to society, a ban without exemption would be a hugely damaging move.

An exemption might insist on membership of a properly organised / regulated body which has sensible and established codes of practice.

QUESTION 5: Are there other weapons which have been used in violent street crime that should be banned?

ANSWER: It is freely admitted in 3.1 that there are many other bladed weapons that may be deserving of a ban but are “difficult to come up with working definitions”.

Comments:

This is a most interesting comment as it implies that the one of the prime reasons for the move to ban so-called “samurai swords” is simply because they may be defined. As they are far outnumbered by these other “fantasy knives”, this seems a most unreasonable and illogical proposal. Almost anything may be a lethal weapon when in the wrong hands including kitchen equipment, garden tools etc (all of which have featured in high-profile cases of street crime) but it would be quite impractical to attempt to ban them. All such things are covered by existing law which may simply need stronger enforcement.

QUESTION 6: If so, how are these weapons best described?

ANSWER: As stated in the answer to Question 5, there is great difficulty in describing such items. However, it should seem obvious in individual cases, such as the fantasy knives quoted in 3.2, that these weapons are modern, mass produced and of no cultural, artistic or historical importance. Therefore, judgement by police should be made on the individual case and the circumstances prevailing at the time. If they are being carried in public for no good reason, with the obvious intent to be used unlawfully, then the full weight of the existing law should be applied.

This would provide authorities with flexibility rather than the possibly narrow constraints of strict definitions, which when tested in court, may be found to be inadequate.

QUESTION 7: Are there any exceptions, exemptions or defences in respect of existing offensive weapons which should be added?

ANSWER: We suggest that if any of these weapons are used in the practice of properly regulated martial arts, they should be exempted, or as with Japanese swords, if they can be shown to have cultural, historical or artistic properties, they should be exempt. If they are used for the purposes of historical re-enactment, by recognised re-enactment societies, they should also be exempt.

APPENDIX

COMMENTS ON THE CONSULTATION PAPER

We find the 7 questions in the consultation paper to be somewhat restrictive in their scope and mostly seem to pre-suppose that the ban will be implemented regardless. This makes the consultation only about exemptions and defences rather than whether such a ban is necessary, justified or fair, in spite of Annex 3 (3.2).  There are also certain facts and myths which we feel need to be addressed. Whilst this is a consultation regarding “samurai swords”, several of the questions deviate from this and ask opinions on other weapons, which respondents may not be qualified to answer.

Foreword by Tony McNulty

It is impossible to disagree with the sentiments expressed by Mr McNulty regarding the need to reduce violent crime. However, his statement that the easy availability of “samurai swords” makes them the weapon of choice, is not supported by facts even if certain un-named police may have stated so. The police do not keep detailed records of what weapons are used in knife crime but, what is a fact is that the number of violent crimes committed with “samurai swords”,  may be counted on the fingers of one hand, whilst gun and knife crime run into the tens of thousands. Therefore, the effort to ban “samurai swords” cannot achieve the stated objective of reducing violent crime.  As we pointed out in the WARNING in the comments on Question  1, the complete opposite effect is quite possible.

Chapter 1: Crime involving weapons

1.4 Points out that the most common types of weapons used were knives, hitting implements and glasses or bottles. No mention of “samurai swords” as being a problem.

1.5 The successful nationwide knife amnesty in 2006 removed 90,000 items, including bowie knives, machetes and other bladed weapons, but again, no mention is made of “samurai swords”. Knife amnesties such as this are valuable exercises in cleaning up the streets, but “samurai swords” seldom seem to feature in these surrenders. This would indicate that they are not a feature in street crime to any noticeable degree. The proposal should be aimed at those weapons that are commonly used in street crime rather than those that are not.

Statistics on knife and other bladed weapon crime.

The 3rd chart shows the number of convictions for the possession of a knife in England and Wales from 2000 to 2005. The total for these 6 years is 30164 (not shown) an average of over 5,000 per year. The insignificant number of convictions where a “samurai sword” was used, possibly 3, (of these 2 were imitations) means that the proposed ban will have absolutely no effect on the reduction of these crimes, which is the stated objective of the proposed ban. The efforts of the Home Office are seemingly being aimed at the wrong target.

CHAPTER 2 Banning the manufacture, import, sale or hire etc. of “samurai swords”.

Collecting.

The paper fully acknowledges here that the collection of Japanese swords is a valid and beneficial practice, with which we obviously fully agree. However, the prohibition of import and the restriction on purchasing such items would effectively kill collection outright.

As we explained in our answer to Question 3, Japanese swords are considered as fine art in the civilised world and are treated as such. That is to say they are bought and sold in all of the major auction houses including Christies and Sotheby’s. Both of these latter two sell many swords a year that are imported from elsewhere (mainly Japan and USA). The prohibition on importation and sale, without a full exemption, would effect the UK’s reputation in the world art market and prevent collectors from collecting. If things are not for sale, then how is one able to collect?

Many swords need expert and specialised authentication (of maker, period, etc) and are sent to Japan for verification. Others need to be sent for expert restoration that can only be properly undertaken, by properly trained artisans in Japan. An import ban without a full exemption would make their return impossible.

Finally, a number of swords are still held by World War 2 veterans or have been inherited by their families. These also need to be fully exempted from the ban.

We hope you are able to clarify this for us.

Definition

2.5 Whilst we understand the government’s ideas about defining the weapons used in violent crime, this paragraph states quite correctly that “any long bladed, curved weapons used in violent crime may be described as “samurai swords”. As we said in answer to Questions 5 and 6, although they may be described as such (in press reports etc) it is not the case and the expression, “samurai swords” is used as a convenient catch-all expression by the uninformed. The occasional high-profile case has shown that, in a miniscule amount of cases, cheap replica imports have been used, (which are not usually collected). This the paper acknowledges, but we repeat that this is an infinitesimal number compared with the tens of thousands of  other weapons used in violent crime and it surprises us that such effort is being put into banning Japanese swords, when it is statistically obvious that it will have no effect on the reduction of violent crime.

2.7 To repeat our previous comments, we are very uncomfortable with this definition as there are so many curved single-edged instruments which have nothing to do with Japanese swords. These include, Burmese Dhas, sabres, English Cavalry sabres, machetes etc. To say that they are sometimes known as a “samurai sword” seems very loose and open to all kinds of misinterpretation, potential confusion and even misuse. It could be easily challenged in a court case. As many things in the past have been incorrectly referred to as samurai swords,  this is largely the reason that we have the current banning proposal to answer,

Again we would refer you to our answers to Questions 5 and 6. A definition might then be: A single edged sword over 60 cm blade length, costing under £200, and marketed as a “samurai sword”.

Such a definition would make the majority of these pieces unaffordable and remove the so-called “street cred” element of having a samurai sword, as they could not be sold by retailers with this description. The effect of this would be to precisely target the problem swords (there appears to be a consensus on the real target) whilst all the rest could be allowed the freedom to collect, do their martial arts etc. without let or hindrance.

The To-ken Society of Great Britain would willing and be able to supply “expert witnesses” when required, to assist police or other authorities in respect of definitions or disputes.

Samurai Sword Case Studies

We consider it extremely ill-advised, but quite revealing, that these press reports have been included in this paper. They are written by local reporters with absolutely no knowledge or understanding of Japanese swords and it is unlikely they would recognise one that was not labelled as such. For the Home Office to include this also demonstrates a surprisingly narrow, biased and somewhat disingenuous attitude, as they have only quoted news where supposedly “samurai swords” have caused harm.

We do not have the facilities to scan as much of the press as do the H O, but would point out that not all press reporting on the subject is detrimental to Japanese swords. The following are a couple of positive articles over the last few months. Interestingly the second one shows that not all police forces see the problem of violent crime as being intrinsically linked with “samurai swords”.

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CHAPTER 3: Banning the manufacture, import, sales, hire or offer for sale or hire etc of Other Weapons:

We have covered 3.1 fully in our answer to Questions 5 and 6 but wonder why, when considering a ban on “samurai swords”, 2 out of 7 questions refer to Other Weapons?

CHAPTER 4: Exemptions and defences for existing offensive weapons.

We have covered this in our answer to question 7.

Annex E

Annex E, 3.2 states “We are carrying out a full consultation before making any decisions to ban “samurai swords” or any other weapons which have no legitimate use”.

This seems to be rather contradicted in the next section which explores “Options”. Option 1, Do Nothing seems to go really to the heart of the matter. It states that this is likely to send out a negative government message and implies all of this is really a PR exercise to convince the public that they are “doing something”. What is being done is creating government headlines to combat other headlines which are totally unfounded, as discussed previously. Actually, in this narrowly focused proposal to ban “samurai swords” doing nothing certainly is a realistic option for all the reasons previously stated.

Option 3,  4.4 which is the government’s preferred option, is the least worse option from our viewpoint and seems to be where we are forced to go. However, we anticipate that the devil will be in the detail, in the small print or terms of the exemption or exception. If this means we are still able to collect, study, sell, trade and appreciate the Japanese sword, then the impact of the legislation should be minimised but is still an ill-advised proposal..

(A situation and contact report)

Prepared September 2006

CONTENTS Page No

1) Introduction

2) Background

4) What is a "Samurai Sword"?

5) The Proposed Ban

6) Exemptions, The Probable Outcome

8) Code of Safe Practise

APPENDIX Report on a Meeting at the Home Office

Distribution: J Reid MP V Coaker MP A McNulty MP I Stewart MP D Conway MP J Brokenshire MP S Smith (NTKS) C Webster (HO) J Batt (HO) J Howell (BKA) V Cook (BKA) R Scofield (BKA) V Harris (TKSGB) M Hinton (CMW) N Davey (SPB)

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INTRODUCTION

The To-ken Society of Great Britain was set up over 40 years ago and its stated objectives are the study and preservation of Japanese swords and related art objects. We are a non-profit organisation and the oldest such Society in Europe. We work closely with similar clubs throughout the world. As such, together with our northern colleagues, we represent the majority of collectors of Japanese art swords in the UK.

This document is designed to summarise the current situation regarding the Home Office proposal to ban "samurai swords", by adding them to the prohibited weapons list as part of the Violent Crime Reduction bill.

There have been various meetings and correspondence between those interested parties who both use and collect Japanese swords, with politicians and civil servants, who wish to add "samurai swords to the Prohibited Weapons list. This action would ban the buying selling, manufacture and import of these items. This submission is mainly to clarify the situation from a collector's point of view, although other areas (museums, martial arts etc.) are also covered.

It is understood that the main consultative process will take place in October 2006, and will be mostly based on the Home Office web site, which will show the detailed proposals.

In this short paper we attempt to define the Japanese sword, show its background in the UK, present the arguments regarding a ban, discuss exemptions, and show a "Code of Practice" for collectors. We understand that, with such a specialised and complicated subject, it is unrealistic to expect the uninitiated to realise the complexities and subtleties of Japanese swords and so we have tried to briefly outline some of the properties herein.

It should also be noted that a very similar initiative to that of the Home Office, was read before Parliament by James Brokenshire MP (Con Hornchurch). This was in the form of a bill under the "10 Minute Rule Bill" on 19th July 2006. The bill is due for its second reading on Friday 20th October 2006

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BACKGROUND

Japanese art swords have been avidly collected in the West since Japan was opened up from its seclusion in 1853. It was quickly recognised that the Japanese sword was an incredible work of art in steel. This was always appreciated by the Japanese themselves and was quickly understood by the rest of the civilised world, even in the 1850's. Since then, it has been the object of countless exhibitions, seminars and conferences, both within and outside of Japan and is enthusiastically collected in the same way as other objects d'art.

At the end of World War 2, when Japan was occupied, Japanese swords were confiscated from the population, with a view to their total destruction. They were seen by the authorities as a symbol of Japan's recent militaristic past and that atrocities were committed against POW's with them. Fortunately, within a year, even McArthur's officials were convinced of the artistic and cultural importance of Japanese swords, and the order was rescinded. There are still a significant number of Japanese swords that were brought to the UK by veterans as war souvenirs after World War 2. These have now mostly been inherited by family members.

Museums in the UK, such as the Victoria and Albert and the British Museum, as well as a number of provincial museums, have important collections, many of which include diplomatic and royal gifts. They also add to their collections by buying on the open world market, when funds are available. Usually, these swords are bought at auction.

To be an ordinary collector of Japanese swords today requires a dedicated and academic approach, combined with not insubstantial financial recourses. Collectable art swords may cost thousands of pounds and can reach hundreds of thousands of pounds (in London more than one sword has been sold for over £265,000)

An important role is played by the major auction houses, who have managed to establish themselves as a world clearing house for Japanese art swords. Regularly, both Christies and Sotheby's in London import swords from Europe, Japan and the USA. Here Japanese art swords are accepted and classified as fine art and are sold accordingly. The domestic market is made up of a few specialist dealers, but Japanese art swords are included in the stock of many others who may be specialist martial arts retail outlets, or general antique weapons or militaria dealers.

Just as Japanese art has been collected for a long time, the traditional Japanese martial arts have been practised in the UK for just as long. The Japanese sword is a fundamental and essential part of aikido, iai-do and kenjutsu. Without the sword these arts cannot be practised effectively. The whole point of these arts is to teach self respect, humility, and respect for authority through a rigorous, strictly disciplined training system. It may be considered that this is very relevant and important today.

Swords are still made in the traditional manner, in Japan today, but are controlled by a strict licensing system that allows only two per month, per wordsmith, to be made. This is mainly to maintain their high quality. These swords are sold in the art market to collectors and investors and they fetch tens of thousands of pounds, or to the martial arts market where they tend to be more modestly priced.

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It should be quite obvious, therefore, that these are NOT the swords used in violent street crime, to which the Home Office proposal is aimed, but they are potentially the major casualty of the proposed ban on "samurai swords".

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WHAT IS A "SAMURAI SWORD"?

Simplistically a so-called "samurai sword" is a sword which would have been mainly worn one of the samurai or the Japanese warrior class. As this class was abolished in 1876, any swords prior to this date might loosely be termed as samurai swords, but we would discourage this loose terminology. Obviously swords of this age are antiques, which are exempted from the proposal and are generally known as Japanese Art Swords. Certainly, the modern reproduction, replica or fantasy swords should neither be termed as "Samurai swords" or even Japanese swords, their place off manufacture being mostly in Europe or in China.

Japanese art swords may be defined, as follows:

1) All Japanese art swords, including military swords, made before 1954 (when licensing was introduced for sword smiths in Japan).

2) Swords made post 1954, made by recognised and licensed Japanese sword smiths using traditional methods. Technically known as Shinken (true sword) or Shinsaku-to (newly made swords) these are made for use in the traditional martial arts and for collections and investments.

We believe, and it has been confirmed by both officials and politicians, that the Home Office initiative refers rather to cheap replica or imitations of Japanese swords, which are marketed as "Samurai Swords". These are readily available in gift shops or by mail-order at a low cost and are cheaply made. Unlike true Japanese swords, such replica models usually have a stainless steel blade. There appears to be common ground that this, although the proposed ban is far more wide ranging, is the real target of the Home Office initiative.

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THE PROPOSED BAN

The following is a summary of the arguments for and against a ban on "Samurai Swords", as perceived by the To-ken Society of Great Britain and other interested parties.

Although it seems that the Home Office are certainly going to place "Samurai Swords" on the list of prohibited weapons and that contrary arguments will not be able to prevent this from happening, we feel that , for the record, the case should be restated.

The Case for a Ban

· A government initiative to add "samurai swords" to the prohibited weapons list will be seen by the public as a positive effort to reduce violent street and knife crime. · The "samurai sword" is seen as the weapon of choice for gangs and their banning will be a direct attack on gang culture. · Media coverage, which often claims that "samurai swords" are weapons used in certain high profile attacks, will be answered and countered.

The Case Against a Ban

· There is no actual evidence to show that Japanese Art Swords are used in violent crime, rather small knives are used in their tens of thousands. Evidence as such, is purely anecdotal and the result of uninformed media coverage. · Similar anecdotal evidences, is all that suggests that the "samurai sword" is a weapon of choice for gang members. Such as there may be, are always cheap replica or fantasy weapons (as illustrated in media reports). These are labelled as "samurai swords" and are nothing to do with Japanese Art Swords, as explained in "Background" above. · Although great efforts and much work will be done to effect and administer a ban, all available evidence (supported by senior police officers) is that there will be no positive effect on violent knife crime. · As there is understandably no appreciation of what a Japanese Art sword actually is amongst politicians and civil servants (with whom we have not had the opportunity to explain our detailed case in person) and these will be the main casualty of the ban, it would be grossly unjust and an act of Philistine proportions, to ban this object of fine art, whilst ignoring the items actually involved in violent street and knife crime!.

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EXEMPTIONS, THE PROBABLE OUTCOME

Although meetings with certain politicians have seemed to encourage self regulation (at least with certain martial arts governing bodies, such as the British Kendo Association and To-ken Society of Great Britain) this now seems to be an unrealistic expectation. However, the prospect of exemptions for certain categories does seem to be realistic. This is similar to the situation in the Australian state of Victoria, where in 2004 a total ban was proposed, but exemptions were allowed. Details of this, and the paperwork involved, were supplied to both Vernon Coaker MP and Ian Stewart MP by the To-ken Society of Great Britain, in July '06.

To make an exemption workable and meaningful, those exempted will need to be able to import, export, keep and trade in Japanese Art Swords, as defined earlier. Working on the presumption that such exemptions to a ban will become the reality, we list below those that will need them.

· Japanese Sword Collector's Clubs and Individual Collectors To-ken Society of Great Britain Northern To-ken Society (UK) Nihon Bijutsu To-ken Hozon Kyokai Nihon Bijutsu To-ken Kai Japanese Sword Society of United the States (JSSUS) · Auction Rooms and Antique Dealers Sotheby Parke Bennet Christie Manson and Wood Bonhams Wallis & Wallis Don Bayney Japanese Swords Peter Yorke, Japanese Swords Rod Akeroyd & Son Garth Vincent Antiques The Lanes Armoury Michael D Long Weller & Duffy · Museums Victoria and Albert Museum (London) British Museum (London) Liverpool Museum Birmingham Museum of Art Royal Armouries, Leeds Windsor Castle Chiddingstone Castle · Martial Arts Organisations, Suppliers and Individual Clubs British Kendo Association British Aikido Association Dai Nippon Butoku Kai Nine Circles · Inheritances The families of veterans who have inherited up to 2 swords 

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IMPORTANT NOTICE: Please note the above is not a complete and comprehensive list and the To-ken Society carries no mandate other than for our own members. However, this is a rough guide to the types of organisations that would be likely to apply for and need exemptions.

APPLYING FOR EXEMPTION: If the exemption route is actually implemented, then it will be absolutely necessary for the Home Office, to give clear and precise instructions and guidelines, on how to apply for it, if indeed an application is required. Whilst the Home Office may wish to announce this on their web site, it is recommended that this is not relied upon exclusively.

In the Australian experience, initial exemption was granted to all that applied for it, but this was followed up 6 months later with a detailed questionnaire which confirmed the requirement. We know of no case where the initial exemption was withdrawn.

It should be noted that James Brokenshire's 10 Minute Rule Bill also allowed for exemptions in all these categories.

EXPERTS: In order to prevent the import of the cheap replica "samurai swords", it may be occasionally necessary for the government or HM Customs and Excise, to obtain expert advice. The To-ken Society of Great Britain, together with our colleagues in Northern To-ken Society (UK) would be happy to make available nominated authorities on the subject for verification purposes. Some of these people will have previously been called as expert witnesses in court or to provide appraisals and valuations for museums.

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GUIDANCE NOTES and CODE OF SAFE PRACTICE FOR COLLECTORS OF JAPANESE ART SWORDS

The following guidance notes lists a number of points which will help maintain the reputation of the serious and responsible collector of Japanese Art Swords, and also covers the safe transport in public of such items. Normal Japanese sword etiquette applies to handling swords in private.

1) Wherever a private collection is kept, it should be in a reasonable and secure environment and should not be accessible to young children. Ideally blades should be kept under lock and key, as in a gun safe, lockable cabinet or bank vault. A separate lockable room is another option. 

2) If swords are in transit for any reason, they should not be readily usable or accessible. They should be contained in a cloth sword bag, which in turn should be in a carry bag (such as a custom made sword bag, gun slip or gun case). Ideally, this outer case should be lockable.

 3) A To-ken Society of GB membership card, together with some other proof of identity, should be carried at all times when a sword is in transit or displayed for any reason (i.e. teaching, demonstration, lecturing or exhibition). 

4) If stopped and questioned by somebody in authority, politely explain what you have and the reason for having it with you (note, it is an offence to carry a blade in public without a good reason). Show your membership card. 

5) In the above situation (4), if the person in authority asks to see the blade, suggest this be done somewhere more privately. Resist having to unwrap and draw the blade in public places unless ordered to do this by a police officer. If such a situation occurs, explain proper sword handling technique to avoid both damage to the sword and any accidents. 

6) At all times be co-operative and reasonable. 

7) If sending a sword abroad (e.g. to Japan for restoration or appraisal) make sure that you have absolute proof of sending it. Unless you can prove to HM Customs & Excise that the sword was a temporary export, you may find difficulty in re-importation. 

8) When swords are mailed internally in the UK, they should be securely packed and sent via a mail system that requires them to be signed for by the recipient and it should have a tracking number. It will then be possible for you to know where it is at all times. 

9) If swords are on public display and not cased, the display must be carefully monitored at all times. Swords must never be left unattended for both safety and security reasons. Signs stating that the swords must not be touched or handled should be prominently displayed. 

10) Never leave swords unattended in a public place even for the briefest of times. 

11) Swords should not be transported or touched by anyone under the influence of alcohol or drugs. Please sign and return the copy of this paper to show that you understand and comply with this code of practice. You will not be issued with a new membership card unless you do this.

I have read the above and undertake fully to comply with these guidelines.

Signed Dated

APPENDIX

Report on a Meeting at the Home Office

Date: 11th July 2006

Those present: Mr. Ian Stewart MP Mr. Vernon Coaker MP Mr. John Howell (President of BKA) Mr. Vic Cook (BKA Iai-bu) Mr. Ric Scofield (BKA Gen Sec) Mr. Clive Sinclaire (Chair Token Society of GB) Plus three un-named secretaries / assistants

This meeting was organised by senior officers of the British Kendo Association and through the good offices of Mr. Ian Stewart MP who the BKA have known for some time. The purpose of the meeting was to brief Mr. Vernon Coaker MP on the importance of the Japanese sword to members of the BKA. I had been included in order to present the collector's viewpoint.

Mr. Vernon Coaker MP is the Member of Parliament for Gedling, Nottinghamshire and is the Under Secretary of State for security, policing and community safety. In this role, he supports Minister Tony McNulty.

The meeting commenced with Mr. Stewart introducing the four of us and giving a brief outline of the current situation. Mr. Coaker expressed a keen interest in hearing what we had to say and listening to our suggestions but he admitted to knowing nothing about kendo or iai-do. Mr. Howell explained the martial arts of both iai-do and kendo in some detail and included references to our hosting of the World Cup recently and our success in international iai-do competitions. Mr. Cook expounded further on the actual mechanics of iai-do, comparing it to dressage in its presentation. The teaching of respect for authority and fellow practitioners was also emphasised.

At this stage, it was pointed out by Mr. Scofield (I think) and Mr. Howell, that the BKA was not adverse to a certain amount of self-regulation in the type of swords used in iai-do (bokkoto, iai-to or shinken). They proposed this be done by grade. This means than when a student reaches the level of 3rd Dan, they will then be required to use a shinken (real hand-made blade with a sharp ha-saki). By this time, because of the compulsory time gap between gradings, the student will have been practicing for some six years and will have learned to respect and use the sword responsibly. I am unclear if those below this grade, even if they own a shinken, will not be allowed to use it.)

Mr. Coaker seemed sympathetic to this proposal but clearly felt that a degree of regulation was necessary and inevitable, but did not seem to being averse to this being of a self-regulatory nature. It was pointed out that the swords used in iai-do and indeed the art swords of collectors, were not those used in street crime. Rather they appear to be the cheap reproduction or replica fantasy swords that are generally imported from Europe and available in gift shops. -6-

At this point, Mr. Stewart MP pointed out that we did not want to experience the same problems that happened when the ban on hand guns was introduced and even our Olympic marksmen were unable to practice in the UK, as no exemption had been made to this effect.

I was then given the opportunity to present a collector's viewpoint and started by explaining that we considered, along with many others throughout the world, that the Japanese sword is fine art and an important world heritage object. Continuing, I pointed out that many collectors in the UK had devoted much of their adult life to the study, appreciation and preservation of Japanese swords, as well as making substantial private investments in them.

One of my greatest concerns is the possibility of an import ban and I pointed out how many swords come to London for sale at the auction houses and how this would jeopardize this business greatly. I also illustrated the point by showing a photograph of a blade from my collection, on exhibition in Japan. I explained that, after paying a considerable sum of money for the blade in the first place, it was then shipped to Japan for restoration and shinsa with all the additional costs that involves. The shinsa paper, granted by the NBTHK stated the sword was "especially worthy of preservation". It was then returned and imported into the UK. Such an exercise would not be possible with an import ban in place.

Further, I explained the cost of swords in today's auctions. Conveniently, I was able to show Christies, London sale catalogue for the sale on the day following the meeting. In it were several swords with a £20-30K estimate and one with a £50-70K estimate. Such swords are not those used in street or knife crime.

As the meeting wound up, we were all able to make final points or re-emphasise important ones already made. Mr. Stewart suggested that we make submissions on how we might self-regulate. I was given the impression that this would certainly help any claim for exemptions from a total ban. Here I was asked to explain the toroku (licensing) system in Japan, which I did in some detail. I also mentioned the ban in Victoria State in Australia and how the exemptions there worked and I undertook to provide some paperwork on this subject.

Mr. Coaker seemed genuinely interested in what we had to say and I am hopeful that we have demonstrated that the subject of "samurai swords" is far wider and more complicated than he may have at first thought. My thanks to the BKA for including me in the meeting.

Clive Sinclaire

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