This Week in Asian Law

June 23-29

China

The official Xinhua News Agency announced that the Communist Party Central Committee will hold its long-awaited Third Plenum from July 15-18. The agenda is expected to cover a wide range of issues from the economy to social development and state building. The Politburo has drafted a document titled “Decision on Further Comprehensively Deepening Reform and Promoting Chinese-style Modernization” for consideration at the plenum. 

The Communist Party Politburo stripped China’s last two defense ministers, Li Shangfu and Wei Fenghe, of their party membership for accepting bribes and other corrupt behavior. Li disappeared from view for two months last year before being ousted from his post without public explanation. This is the first confirmation that he is under investigation. Wei was replaced in a planned cabinet reshuffle in March 2023, then also disappeared from view. Eleven generals and several aerospace defense industry executives have been removed over the past year. 

The National People's Congress (NPC) Standing Committee met and approved the following legislation: amendments to the Emergency Response Law and the Border Health and Quarantine Law that address weaknesses exposed by the COVID pandemic; amendments to the Accounting Law; and a new Law on Rural Collective Economic Organizations that defines the role of rural collectives.

The NPC Standing Committee also released for public comment the drafts of five laws that deal respectively with mineral resources, cultural relics protection, preschool education, financial stability, and public order offenses. Amendments to the Public Security Administration Punishment Law have attracted the most attention. A draft released in September 2023 included provisions that would punish clothing or speech that “hurts the feelings of the Chinese people,” prompting a public outcry against the potential for abuse of administrative discretion. The latest draft dropped the controversial provision. Other proposed amendments address juvenile delinquency, illegal drone operation, and a procedural requirement that certain types of administrative actions be subject to audio and video recording.

The Supreme People’s Court (SPC) marked the International Day against Drug Abuse by holding a press conference about the courts’ anti-drug work in 2023. Court officials said that the number of drug cases and defendants have decreased for eight consecutive years after reaching a historic high in 2015. Ten typical cases involving drugs and other addictive substances and related secondary crimes were released.

Hong Kong

A former head of Britain’s Supreme Court, David Neuberger, was among seven Court of Final Appeal judges to hear an appeal by seven high-profile democrats including barrister Martin Lee and media tycoon Jimmy Lai. The seven were convicted of participating in an unauthorized assembly on August 18, 2019. Their lawyers argued to the court that any restrictions on exercising fundamental human rights must be proportionate. Two senior British judges recently resigned from the court.

A court began pre-sentencing hearings for 45 pro-democracy activists who were convicted of or pleaded guilty to conspiring to commit subversion by holding an unofficial primary in 2021. They are being brought to court to present mitigation arguments in small groups. The hearings are expected to continue into early August.

A 29-year-old man was charged with committing sedition under Hong Kong’s new Safeguarding National Security Ordinance by writing graffiti on the back of public bus seats. Chung Man-kit, a clerk, also was charged with destroying or damaging property.  

A protester who is serving a five-year prison term for calling for Hong Kong independence has launched the first legal challenge to the city’s new Safeguarding National Security Ordinance. Just two days before Ma Chun-man’s scheduled early release on March 25, the Commissioner of Correctional Service revoked his release based on the new law’s provisions against granting remission to national security prisoners. Ma’s lawyers argued that retroactively applying the law to his case violated his constitutional rights.

Japan

A former member of the Johnny & Associates talent agency spoke via video message to a meeting of the UN Human Rights Council in Geneva about his experience as a victim of sexual harassment and slander at the agency. Akimasa Nihongi urged measures to prevent any recurrence. An investigation last year revealed that the agency’s late founder, Johnny Kitagawa, had sexually abused hundreds of teens dating back to the 1950s. The agency was famous for representing boy bands.

Okinawa Governor Denny Tamaki expressed anger after learning through media reports that a US Air Force serviceman based in his prefecture had been indicted in March of kidnapping and sexually assaulting a minor. He said the Foreign and Defense Ministries should have notified him. Tamaki is an outspoken critic of the US military presence in Okinawa and has frequently clashed with the central government over issues related to the US bases. Meanwhile, Chief Cabinet Secretary Yoshimasa Hayashi said that a second US airman had been charged for a more recent alleged sexual assault on Okinawa.

Koreas

The South Korean Supreme Court ruled that evidence gathered in an undercover police sting operation is admissible in court. It reversed a lower court’s decision that a brothel owner was not guilty of operating an illegal prostitution business because the evidence consisted of conversations recorded by a police officer pretending to be a customer. The Supreme Court said evidence obtained without a warrant may still be admitted if there was a pressing need to obtain the evidence that way.

The South Korean Constitutional Court unanimously declared unconstitutional a law that automatically pardons property crimes against immediate family members. The provision has been part of the Criminal Act since 1953 and was intended to minimize state intervention in family affairs. However, the court said it infringes upon victims’ right to seek punishment. It suspended the legal application of the provision and gave the National Assembly until December 31, 2025, to revise the law.

The South Korean Supreme Court ordered a retrial in the case of a former employee of a Samsung Electronics subcontractor accused of stealing the manufacturing method of the waterproof adhesive used in Samsung mobile phones. A lower court had acquitted the employee.

Taiwan

President Lai Ching-te (賴清德) filed a petition with the Constitutional Court challenging the constitutionality of controversial laws passed by the opposition that give the Legislative Yuan new powers to investigate the executive branch. The legislative caucus of Lai’s Democratic Progressive Party and the Executive Yuan also have petitioned the court. The amendments to the Law Governing the Legislative Yuan’s Power took effect on June 26 after the legislature rejected the Executive Yuan’s request to review them.  

The Mainland Affairs Council advised Taiwanese against traveling to mainland China, Hong Kong or Macau after Beijing said “die-hard” supporters of Taiwan independence might be prosecuted for inciting secession and executed. The council said it was not banning such travel, however.