News on the progress of the proposed ban by the UK Government of the sale of Japanese Swords will appear here.
Members may wish to write to the Home Office, their MP and MEP to express their views on this subject.
Please forward copies to the Webmaster who can publish them here should you wish.
Link to Latest news on sword ban added 28/2/08 NEW
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 practising 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.
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 practise 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 jeopardise 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
Whilst I would have liked to have asked questions such as “on what evidence do you base the necessity to ban samurai swords” (it is only anecdotal and not statistical) and to argue that the very basis of the proposal is flawed, I felt it would have been counterproductive and even divisive. All the indications that I have received from various other sources (MP’s etc) are that some sort of restrictions will take place regardless and that the decision will not be reversed. Mr Coaker seemed to indicate that this would be early next year. In such circumstances, the best we can hope for is to obtain exemptions for our members to minimise the impact. This may sound unduly pessimistic but I am of the opinion that the proposed ban is the government’s answer to media pressure and that if they effect the ban, this will give them the right headlines and that a ban is worth it for this reason alone. In such a situation, reasoned argument will make no difference.
However, I think that it is still worthwhile (speaking as a collector) that we continue to make the point that these are ART and not the crude street-weapons they are viewed as. When you write to your MP, consider such points as the following:
1) Several years ago, the BBC made a series of programmes called THE ASCENT OF MAN. For those who may not know of it, this traced the beginnings of civilisation and showed man’s highest cultural attainments, which were what made him civilised. One programme in this series was devoted to the Japanese sword and it was described by Dr Brynofsky (a highly respected academic) as the highest form of man’s achievement in the art of metalwork.
2) After the cessation of hostilities in the Far East in August 1945, within a few weeks, General MacArthur’s occupation of the home islands of Japan started. One of the first things he did, as you know, was to issue an order to the populace, that all “samurai swords” should be handed in to the authorities with a view to their wholesale destruction. However, within 3 months, he was persuaded of the sword’s important artistic and cultural properties and the law was reversed so that all swords, which had artistic and cultural importance, other than mass-produced war weapons, could be kept under licence. If MacArthur could be so convinced, after 4 years of total war, surely our government must listen.
3) The ban, which would include the importation of art swords would seriously effect and possibly put into jeopardy, the very existence of certain swords as well as severely restricting collecting. For instance, it would not be possible to send swords to Japan for polishing, shinsa etc. and although I hold no mandate from the auction houses, some of the best swords to come to the UK in the last few years have been imported for sale by these bodies. I know many now also buy from abroad via the internet, but all this would stop.
4) Ian Johnson, chair of the ACOP stated (31/5) that there was no statistical evidence that knife crime is actually on the increase and that there was only anecdotal evidence (ie. press reporting). Of course, it is this same uninformed press reporting that cannot distinguish art swords from cheap replica or fantasy swords, that has stigmatised the true Japanese sword.
5) Superintendent Gerry Leach stated (14/6) that “bayonets and swords” were not used in violent crime and that small knives were the problem.
6) Finally you may be interested to know, that the conservative MP for Hornchurch, Essex, Mr James Brokenshire, is also proposing a Bill under the Ten Minute Rule Bill, to ban, would you believe, “Samurai Swords”. He has been contacted, but I am sure he would love to hear from you. His constituency address is: Hornchurch Conservatives, 23 Butts Road, Hornchurch, Essex RM11 2JS.
Please remember that if you are writing to an MP at the House of Commons, they rise for the summer on Tuesday 25th July.
Below
you will find a draft submission to the Home Office of a Code of Practice for
collectors of Japanese art swords. This is to show that we are
responsible collectors who are capable of self-regulation and should be exempted
from any ban. If any of you have any other points for inclusion that I may have
missed, please contact me.
Clive
Sinclaire
DRAFT (July 06)
Guidance Notes and Code of Practice for Collectors of Japanese Art Swords
The following guidance notes list a number of points, which will help maintain the reputation of the serious and responsible collector of Japanese Art Swords. We are confident that you will already practice them anyway.
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 being transported for any reason, they should not be readily useable or accessible. They should be wrapped in a sword bag, which in turn should be in a carrying 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 Great Britain membership card and some other proof of identity should be carried at all times when a sword is in transit or displayed for any reason (ie. teaching, demonstration, exhibition etc.).
4) If stopped and questioned by anyone in authority, politely explain what you have and the reason for having it with you (please note that it is an offence to carry a blade in a public place with no 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 a public place 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 (eg. To Japan for restoration work or appraisal) make sure that you have absolute proof of sending it. Unless you can prove to HM Customs and Excise that the sword was a temporary export, you may find difficulty in the re-importation.
8) When swords are being mailed internally within the UK, they should be properly packed and sent by a mail system that requires them to be signed for by the recipient and have a tracking number. It will then be possible to know where they are 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 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 never be touched or transported by anyone under the influence of alcohol or drugs.
12) Under proposed legislation, it is possible that Japanese art swords, or the owners may need to be registered or licensed in some way. We will inform you when and if this happens and urge your immediate compliance.
Please sign and return the copy of this paper to show that you understand and comply with the code of practice. You will not be issued with a new membership card unless you do this.
SIGNED……………………………….
PRINTED NAME………………………..
ADDRESS:
DATE:
Letter from Clive Sinclaire to Home Office.
Home Office
SCI (Public Order and Police Co-Operation)
Fry Building
2 Marsham Street
London SW1P 4DF
9th April 2006
Dear Mr Batt
I understand that the department is considering the banning of so-called “Samurai” swords. You will appreciate that this is of serious concern to members of our Society who both study and appreciate the fine art inherent in the Japanese sword. I am sure that you also realise that august bodies such as the Victoria and Albert Museum, the British Museum etc as well as Christies, Sotheby’s and other major auction houses, make major efforts in educating and selling Japanese swords, which they consider to be world cultural objects, as well as fine art.
I also fully appreciate your concern regarding the issue of violent crime, where bladed weapons are used. It is, however, not the genuine Japanese sword, that often costs many thousands of pounds, that is involved in such street crime, rather cheap imports of reproduction swords to which your attention should be directed. I am able to testify to this having, as a published author on the subject, been called as an “expert witness” in the past. Of course, addressing the problem of who commits such crime, and their motivation, is rather a different though fundamental issue. I would suggest that it certainly is not the genuine collector of Japanese swords responsible for such behaviour, rather the violent criminal and it appears that current legislation covers such behaviour.
You may be aware that recently, in the state of Victoria, Australia, similar legislation to that which you are considering, was enacted. I was, together with several others on an international scale, active in moderating the total ban proposed. As such, I would be most grateful to be kept informed of any developments in your proposal. I would also be happy to meet and explain the artistic and cultural ramifications that an understanding of the Japanese sword implies and the damage a ban would cause. I would also be able to explain how the ownership and licensing of Japanese swords is handled in Japan, where such objects are on a par with firearms in the UK.
Once again, I hope you will see fit to involve me, on behalf of law abiding collectors in the UK, to be part of the consultative process, before any legislation is enacted.
Yours sincerely
Clive Sinclaire
Visit message board link below for discussions on proposed sword ban
http://www.nihontomessageboard.com/nmb/forum/index.php
Ms. Hazel Blears, Home Office Minister.
Home Office Direct Communications Unit. 2 Marsham Street. London SW1P 4DF
Dear Ms. Blears,
I write to you regarding the above proposal, which you will appreciate has many implications to our membership. I have already written to Mr Blatt of your Public Order and Police Co-operation Unit, and am still awaiting his reply (copy attached).
I am aware that a number of my friends and colleagues have already written to you, stating the case and so I do not propose to reiterate the arguments here, except to say that you are dealing with a highly detailed and complex subject which I would doubt that any of your advisers, or indeed the police, fully comprehend. One could reasonably state that there are financial, cultural, artistic and even racial issues at stake here.
We would therefore, reiterate our eagerness to be an integral part of the consultation process to ensure that you are fully aware of all the issues pertaining to a ban. To this end, I am happy to make myself available at any time to attend relevant meetings or discussions, as I am sure you will wish to have all the facts before making any decisions. It would greatly assist us if we knew the timetable that your department is working to so that we may co-operate more fully.
Thanking you in anticipation
Yours
sincerely
Clive Sinclaire
CHAIRMAN
A Personal message from Mr Tony Norman
I attended the Society’s meeting yesterday evening and our Chairman filled us in on the present position regarding the proposed ban on so-called samurai swords in the UK.
It became clear just how much time and effort Clive is putting in on behalf of collectors of Nihon-to, including attending a meeting at the Home Office next week.
As ever, a special thanks on behalf of true collectors of Nihon-to.
Tony Norman