October 31 - November 6, 2020
China
China’s ruling Communist Party released the communique from its Fifth Plenum on Oct 29. This analysis in The Diplomat focuses on what the communique contains beyond techno-industrial policy for the next 5-year plan.
A former flight attendant is suing China Southern Airlines for suspending him after his sexual orientation was made public without his consent last year. The plaintiff appeared at a court in Shenzhen on November 1, arguing the suspension violates labor law.
The Council of Chairpersons decided on November 3 to convene the National People’s Congress Standing Committee (NPCSC) for a non-regularly scheduled session on November 10 - 11. This will be the sixth special session the NPCSC has held in less than two and a half years. NPC Observer published a preview of the three pieces of draft legislation on the NPCSC’s tentative agenda.
The office leading a nationwide campaign against organized crime (全国扫黑除恶办公室) issued its 6th press release on November 3 to update the status of four high-profile organized-crime cases, release statistics about cases it has handled, and publicize preliminary achievements of the national Campaign on Education and Rectification among China’s political and legal cadres. (in Chinese)
The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of National Security and Ministry of Justice co-issued Opinions on Several Issues Regarding the Standardization of Sentencing Procedures on November 5 in order to regulate sentencing procedures in plea-for leniency cases. Representatives from the five agencies held a press conference the same day. (in Chinese)
Hong Kong
Seven pro-democracy lawmakers were arrested in Hong Kong on November 1, 2020 on charges related to obstructing a legislative council meeting in May. They announced their arrests on their individual Facebook pages. China imposed the National Security Law on Hong Kong in June, a move widely condemned by Western governments and human rights groups.
Hong Kong's police force launched an anonymous tip line on November 5 to encourage people to report each other for alleged violations of the National Security Law.
Ms. Choy Yuk, one of the producers of a TV documentary about the 2019 Yuen Long mob attack, was arrested in connection with the use of car license plate records. Following the arrest, local journalism groups criticized Hong Kong chief executive for her failure to safeguard press freedom.
The Constitutional & Mainland Affairs Bureau held a webinar on November 4 for disciplined services representatives to introduce new training resources to enhance front-line officers' sensitivity towards sexual minorities.
Secretary for Justice Teresa Cheng talked about sports law, sports arbitration and sports mediation at the Sports Dispute Resolution Conference during Hong Kong Legal Week 2020 on November 5.
Japan
An advisory panel at Japan’s Ministry of Justice recommended harsher penalties for crimes committed by 18- and 19-year-old offenders in its suggested revisions of the Juvenile Law. Other recommendations included expanding the range of crimes that such juveniles could be charged with and allowing the release of the suspect’s name and photo after indictment.
A group of citizens in western Japan sued the Kyoto governor on November 4 for the return of taxpayer money that he and other prefectural officials used to attend a Shinto ceremony last year to mark Emperor Naruhito’s enthronement. The plaintiffs argued that the officials violated the Constitution by attending the ceremony.
The National Police Agency said on November 5 that money-laundering cases in 2019 nearly tripled compared to the previous year. A police report indicated that e-money services have increasingly been used in criminal activities in Japan.
Koreas
The Seoul Central District Court ordered Interpark Corp., which runs a major Korean online shopping mall, to compensate more than 2,400 customers 100,000 won (US$88) each for a data leak in May 2016. The personal information of 10 million Interpark customers was compromised and the company informed its customers 14 days after it became aware of the leak.
Lee Chun-jae admitted in court on November 2 that he murdered 14 women and girls in one of South Korea’s most notorious serial killing cases. Lee apologized to the man who was wrongfully convicted for the crimes and spent 20 years in prison while maintaining his innocence.
The Seoul High Court on November 6 upheld the two-year prison sentence imposed on South Gyeongsang Province Gov. Kim Kyoung-soo, nearly two years after Kim was convicted of conspiring to manipulate online opinions in favor of President Moon Jae-in during his election campaign.
Taiwan
Foreign same-sex couples in Taiwan will be able to apply in Taipei for a commemorative “marriage certificate” that will not be legally binding. The certificates, which will be available from mid-November, are part of this city’s tourism promotion efforts.
The Taiwan Jury Association held a press conference at the Legislative Yuan in Taipei on November 2, 2020, criticizing the Judicial Yuan's plan to budget NT$120 million (US$4.15 million) next year for a public marketing campaign to promote a new lay judge system. The association says the campaign is an attempt to mislead society about “wrongly implemented” reforms. The association wants to create a jury system instead.
The Taiwan Environmental Protection Administration (EPA) has revised its draft regulations on restaurant air pollution to require eateries to install exhaust facilities and perform monthly maintenance, or face fines of up to NT$1 million (US$34,572).
The Taipei High Administrative Court on November 2 began proceedings in a case filed by over 50 professionals in Taiwan against the Ministry of Interior for potential infringement of data and identity protection in connection with a newly established digital ID system. The government plans to introduce electronic ID cards next year.
The Council of Grand Justice heard a legal argument on November 3 over whether convicted sex offenders should be held in a designated facility for mandatory therapy after release from prison.
Vietnam
The judiciary of Vietnam hosted the 8th meeting of the Council of ASEAN Chief Justices (CACJ) on November 5. The Chief Justices of the 10-member Association of Southeast Asian Nation (ASEAN) discussed ways to realize ideas and initiatives identified at previous events. They also looked into the regional context amid the COVID-19 pandemic and the challenges facing CACJ and the courts of members, along with solutions to those problems.
The Ministry of Labor, Invalids and Social Affairs proposed delaying a planned minimum wage increase until the third quarter of 2021 due to economic hardship caused by the COVID-19 pandemic. The current minimum monthly wage range from $133 - $190 in the four regions of Vietnam.
The United Nation Population Fund representative in Vietnam talked about gender equality work in Vietnam, the Vietnam Law & Legal Forum reported on November 2.