Whaling Company in Tokyo served with Australian Court orders

Nicola Beynon of Humane Society International (HSI) hand delivered on January 23 a court order to Kyodo Senpaku Kaisha Ltd (KSK) at their Tokyo office. In a landmark case the Australian Federal Court ordered on January 15 that the company cease whaling in the Australian Whale Sanctuary in Australia’s Antarctic waters. (Federal Court Decision)

The order has also been faxed and posted to the company to demonstrate to the Federal Court that every effort has been made to ensure the company is made aware of the Court’s instruction. Although the Australian Attorney General said the Australian Government would assist in the serving of the court orders, the Federal Court gave permission for HSI to serve the orders in person.

If the company defies the court order and continues hunting whales in the Australian Whale Sanctuary they could be found to be in contempt of court and further action could be taken against them under Australian law, although any penalty may be difficult to enforce outside of Australia.

The company has a permit from the Japanese Government to kill in the 2007/2008 hunting season up to 935 minke whales and 50 fin whales and the majority of these whales will be killed within the Australian Whale Sanctuary over the southern summer.

Humane Society International reports that Kyodo Senpaku Kaisha’s employees in Tokyo refused to accept the court papers from Ms Beynon and a Japanese interpreter, so the documents were left at the feet of the KSK employee, in accordance with the Court’s rules of service. KSK staff were reported to have told Ms Beynon that “the court documents would be thrown away immediately”.

"HSI is demanding the company comply with the Australian Federal Court orders and for the Australian Government to use every means possible to ensure the orders are enforced,” said Ms Beynon.

Sources

• Humane Society International (Australia) - Jan 23, 2008 - Court orders delivered to whalers in Tokyo
• Sydney Indymedia, January 17, 2008 - Japanese Whaling in Whale Sanctuary Illegal under Australian Law
• Federal Court Decision, Jan 15, 2008 - Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2008] FCA 3