This Week in Asian Law

November 14-20

China

  • Chinese Judge Xue Hanqin, the incumbent vice president of the International Court of Justice, has been elected to a second full nine-year term as a judge on the court. She originally joined the court in 2010 when she was chosen to fill a vacancy created by another judge’s resignation. The U.N. General Assembly and Security Council gave Judge Xue and three other incumbents new terms, and also elected a new member to the court. Their terms begin on February 6, 2021.

  • President Xi Jinping addressed a Communist Party conference on law-based governance on Nov. 16-17. He called for a “coordinated approach” to use socialist rule of law to safeguard China’s national sovereignty, security and development interests. Speakers promoted Xi Jinping Thought on the Rule of Law as the latest achievement in adapting Marxist theories on the rule of law to the Chinese context. A junior Chinese legal scholar says full integration of state and party organizations is needed.

  • The death of a popular Tibetan vlogger named Lhamo in late September has shocked China, with many people asking why the legal system failed to protect her. She was attacked and fatally burned while live-streaming, and her family has accused Lhamo’s ex-husband of killing her. The frequent failure of law enforcement to protect domestic violence victims has triggered heated discussions on the Chinese internet. This Chinese-language article analyzes 300 domestic violence cases where a wife was assaulted or killed.

  • A Chinese court is holding a retrial for three persons accused of torturing a mentally disabled woman to death because she could not get pregnant. The court in Yucheng, Shandong Province originally convicted the woman’s husband and his parents of abuse and gave them prison terms ranging from two to three years. The light sentences caused a public outcry, and the Dezhou Intermediate People’s Court ordered the lower court to retry the case. Li Ying, the founder of Beijing Yuanzhong Gender Development Center, which advocates for domestic violence victims, and Zhang Rongli, professor at China Women’s University, analyze the case here. (in Chinese)

  • China’s rules against price gouging, including additional measures imposed to address COVID 19-related shortages, are analyzed here in the National Law Review.

  • China’s latest draft amendment to the Criminal Law contains several dozen unrelated provisions, many of which have not received much public attention. Intellectual property lawyer Aaron Wininger examines one such provision, the proposed addition of a paragraph to existing Article 219 that would punish theft of trade secrets more severely if the beneficiary is a foreign institution, organization, or person rather than a domestic one.

Hong Kong

  • Hong Kong lawyers may take a special bar examination in January to be qualified to practice law in civil and commercial cases in nine cities in Guangdong Province of China. Some members of Hong Kong’s legal community are wary about the new pilot program.

  • Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office under China’s State Council, said at a virtual law summit on November 17 that Beijing is working on reforms to Hong Kong’s basic law, including to its judicial system. Zhang also said it is both a legal and political requirement that those who govern Hong Kong are patriots.

  • Ronny Tong Ka-wah, senior member of the Executive Council of Hong Kong, said on November 18 that judicial reform in Hong Kong must come from within the city’s legal system, as any outside action would be seen as disrupting the judiciary’s independence.

  • District Court Judge Frankie Yiu Fun-che convicted Chan King-hei on November 18 of doxxing and sentenced him to a two-year prison term. Chan is the first person to be convicted of doxxing during Hong Kong’s anti-government protests. Victims of doxxing during last year’s protests included senior government officials, police officers, their family members, and journalists.

  • Judge Anderson Chow of the Hong Kong High Court ruled on November 19 that the police and government breached Article 3 of the Hong Kong Bill of Rights by failing to show identity badges and provide an adequate complaints mechanism. Multiple parties brought a series of judicial review applications against police during last year’s democracy protects. A Chinese language news report on the ruling is available here.

Japan

  • A new study by online financial services provider Au Jibun Bank found that fewer than one fifth of Japan’s LGBT community have opted to come out at their workplaces despite evidence of positive change in attitudes within companies and society in general.

Koreas

Taiwan

  • Taiwan’s Executive Yuan submitted a proposed amendment to the Act Governing Electronic Payment Institutions to the Legislative Yuan in August. Lawyer Joseph P.Y. Tseng writes about the impact it could have on global fintechs.

  • Taiwan’s Ministry of Justice proposed a draft amendment to the Trust Law to prevent donated property from going back to the donor through private agreement. Some wealthy people have used such arrangements for the purpose of tax reduction.

  • Taiwan’s Judicial Yuan and the Ministry of Justice announced on November 18 that they have received an investigation report from the Control Yuan about approximately 30 judiciary employees, including former judges, involving inappropriate dining and wining. The Judicial Yuan and the Ministry of Justice will review the report and decide by the end of the year whether any punishment should be handed down. (In Chinese)

  • Taiwan’s Legislative Yuan held a hearing on November 19 to collect public opinion about proposed anti-stalking and anti-harassment legislation. Women’s groups joined the hearing. The Minister of the Interior said that police officers are not concerned about an additional workload if the law passes. (In Chinese)

  • The Taiwan Alliance to Promote Civil Partnership Rights announced on November 20, the Transgender Day of Remembrance, that it will file a lawsuit against the Ministry of Interior to challenge the constitutionality of its regulations conditioning a legal gender change on the applicant’s provision of a hospital certificate showing that transgender surgery has been performed. (In Chinese)

Vietnam

  • A government decree that took effect on November 14 provides that anyone who sells cigarettes to persons under age 18 can be fined US$129-315. Vietnam has one of the highest rates of smoking in the world. Though the new regulation is not the first attempt to restrict smoking among minors, it contains the highest fine for violators.

  • The Ho Chi Minh City Disabilities Research and Capacity Development Center has launched a project to provide legal aid to disabled persons on matters concerning employment, health, education and labor. The project is sponsored by the Justice Initiatives Facilitation Fund of the EU Legal and Judicial Empowerment Program in Vietnam.