This Week in Asian Law

June 9-15

China

A Chinese court sentenced feminist activist and journalist Huang Xueqin and labor activist Wang Jianbing to five and 3.5 years in prison, respectively, for inciting subversion against the state. The two have been in detention since September 2021. Prosecutors said that private gatherings Huang and Wang held to discuss social issues such as gender and labor rights were subversive. Huang is best known for ground-breaking reports about sexual abuse, including a 2018 report that helped spark China’s #MeToo movement. 

The Supreme People’s Procuratorate released a new batch of guiding cases about prosecutorial supervision of criminal investigations. Among the five publicized cases, two illustrate the leading causes of wrongful convictions. In one case, prosecutors discovered the police use of torture while the suspect was held at a “designated place”; in the second case, prosecutors rectified a false confession. 

The Cyberspace Administration of China, Ministry of Public Security, Ministry of Culture and Tourism, and National Radio and Television Administration jointly released Provisions on the Governance of Cyberviolence Information (网络暴力信息治理规定), effective on August 1, 2024. Cyberviolence is defined as abusive content such as bullying, insults, rumors, and defamatory or discriminatory content. The regulation requires internet information service providers to take immediate action to shut down and report such content.

Hong Kong

The former chief justice of Canada’s Supreme Court  resigned as a non-permanent overseas judge on Hong Kong’s Court of Final Appeal, a week after  two senior British judges also resigned. Appointed in 2018, with her tenure extended in 2021, Beverly McLachlin was the first Canadian to join Hong Kong’s top court. She said in a statement that she wants to spend more time with her family, and expressed her confidence in the independence of fellow judges.

The Hong Kong Free Press reported that HSBC, Hang Seng Bank, China CITIC Bank International, and the Bank of China have closed the bank accounts of at least two jailed 2019 protestors without providing a reason as required by law. It said sources have reported additional cases. Prisoners’ support group Waiting Bird said exclusion from basic financial services poses an obstacle to ex-protesters’ reintegration into society after release from prison.

The government invoked its new national security law to cancel the passports of six activists who fled to the UK.  The government said it acted because the six – former legislator Nathan Law, unionist Mung Siu-tat, and activists Simon Cheng, Finn Lau, Johnny Fok, and Tony Choi — continue to engage in activities that endanger Hong Kong’s national security, including colluding with foreign forces and smearing the city.

The US Treasury Department sanctioned five Hong Kong firms for allegedly facilitating trade in gold with an already sanctioned Russian mining company. It alleged that VPower Finance Security Hong Kong Limited transported gold from Russia, GBL International Logistics Co Ltd.  and Tavit Hong Kong Co Limited operated in Russia’s manufacturing and technology sectors, and Holden International Trading Limited and Taube Precious HK Limited were part of a network that routed payments for the gold. The US imposed sanctions on major Russian gold exporters in 2023 after Russia invaded Ukraine.

Japan

The Tokyo District Court held its first hearing in a lawsuit by five women who claim that the Maternal Health Law unconstitutionally restricts their right to choose sterilization surgery. The law currently restricts sterilization to women whose lives would be at great risk due to pregnancy or delivery. The law also requires spousal consent. Similar restrictions apply to men seeking a vasectomy.

The Japan Business Federation or Keidanren, Japan’s most powerful business lobby, urged the government to allow married couples to keep separate surnames. The group said the requirement that married couples use a single family name hinders women’s advance and has even become a business risk. It urged Japan’s legislature to take swift action to change the law. Six couples sued the government in March for the right to use different family names. 

The upper house of the Diet passed a law requiring Apple, Google, and other companies to allow third-party app stores on their platforms. The Smartphone Software Competition Promotion Act is similar to the European Union’s Digital Markets App in preventing big tech companies from creating app distribution monopolies. The law also prohibits companies from giving preferential treatment to their own payment system. It takes effect in December 2025.

The Metropolitan Police Department arrested 26 people for running an alleged online fraud in which 8,600 victims lost 1.9 billion yen (more than $12 million). The group allegedly operated multiple websites where it advertised the opportunity to earn money on a part-time basis in return for listening to persons seeking life advice. It then sought the bank account information of respondents.

Koreas

A South Korean appellate court rejected a former police officer’s appeal for reinstatement three years after the Incheon Metropolitan Police Agency fired him for running away from a knife-wielding man. The officer’s female partner lost a similar reinstatement bid in March. The police agency said the pair could have stopped a knife attack on two victims if had they intervened appropriately.

South Korea’s main opposition leader Lee Jae-myung was indicted on bribery charges in connection with an alleged scheme to transfer funds to North Korea. Lee was the Democratic Party’s candidate for president in 2022 and is expected to run again in 2027. His deputy has been convicted of bribery and illegal funds transfer in the same case, but Lee denies involvement. The alleged goal of the scheme was to win an invitation for Lee to visit Pyongyang and thereby burnish his political profile. Lee is on trial in an unrelated corruption scandal.  

Taiwan

President Lai Ching-te (賴清德) signed a request that the Legislative Yuan reconsider controversial measures that would give the body broad investigative powers and the authority to hold officials in contempt. In response, the legislature said it will ask Premier Cho Jung-tai (卓榮泰) to present the Cabinet’s decision to reject the revisions and take questions from lawmakers on June 19 and 20; and will hold a new vote on the measures on June 21. If a majority of legislators again vote yes, the president will be required to sign the measures into law. Opposition parties control the legislature. President Lai’s Democratic Progressive Party said it will appeal to the public for support. 

The Ministry of Interior has sent a draft immigrant rights act to the Executive Yuan for consideration. Minister Liu Shyh-fang (劉世芳) said she is seeking expedited review. She also is seeking establishment of an immigrant affairs committee under the Executive Yuan with dedicated personnel and funds. Taiwan has traditionally been cautious in admitting immigrants, but Liu said they are good for society.