March 13-19
China
The NPC Standing Committee released the final full text of its work report (in Chinese) on March 14. The report reviews the Committee’s work since last year and sets out plans for the coming year. The report was delivered by Standing Committee Chairman Li Zhanshu on March 8 during the 4th plenary session of the 13th National People’s Congress. The NPC plenum ended March 11 after having approved all reports and bills submitted to it for consideration. Check here for a list of official documents from this session compiled by the NPC Observer.
A Chinese court held a brief, closed trial on March 19 for Michael Spavor, a Canadian businessman who has been held in detention for more than two years on espionage charges that his family and the Canadian government say are trumped up. The Chinese government refused to allow Canadian consular officials to attend the trial despite committing to do so in the China-Canada consular agreement. A second Canadian, Michael Kovrig, also detained since late 2018 on spying charges, will go on trial on March 22. China announced the trials on the eve of two days of meetings March 18-19 between high-level Chinese and U.S. officials in Alaska. Canada has accused China of arresting the “two Michaels” as retaliation for the arrest in Canada of Huawei executive Meng Wanzhou on a U.S. warrant.
On China’s Consumer Rights Protection Day, the Supreme People’s Procuratorate (SPP) released 8 “typical” public interest cases brought by the prosecution involving food and drug safety. At a press conference, the SPP explained the background and features of the cases. Five months into a three-year campaign deployed by the SPP to protect people’s livelihoods, procuratorates nationwide have filed a total of 7,569 public interest lawsuits involving food and drug safety. (in Chinese)
At the five-year anniversary of China’s Anti-Domestic Violence Law, Beijing Yuanzhong Family and Community Development Center, a non-profit anti-domestic violence organization, released the result of its public awareness and satisfaction survey about the law. Based on 14,716 effective answers, Yuanzhong found a high level of public awareness of the illegality of domestic violence, trust in police and the women’s federation as agencies responsible for handling domestic violence claims, and very low satisfaction with the dispositions of domestic violence claims. (in Chinese) The survey results and case studies prove that despite persistent efforts by activists and the legal community, the law is the law has yet to be fully implemented. The city of Changzhou recently announced a program to award citizens for reporting domestic violence and crimes/violations against juveniles to the police. The measures were jointly announced by the women’s federation and a local foundation, and are designed to encourage bystanders to intervene against domestic violence.
A single mother won a lawsuit against her former company after it fired her for taking three months’ of maternity leave. The law provides for six months’ leave. A district court in Guangzhou ordered the company to compensate the plaintiff for the amount of her maternity leave salary plus severance pay. The victory was significant because single mothers in China still face tremendous obstacles accessing benefits, including paid maternity leave.
China’s top court released new provisions on the jurisdiction of the Beijing Financial Court (in Chinese), authorizing the court to hear lawsuits against overseas financial firms accused of damaging the interests of Chinese investors. Although some lawyers believe China has the right to claim jurisdiction over such disputes, questions remain about how verdicts can be enforced overseas.
China's first foundation dedicated to offering legal aid to the LGBTQ community, the DF Fund (多元未来公益基金), was launched Tuesday by three Chinese lawyers and a law professor. The fund seeks to protect the rights of LGBTQ people by providing subsidies to lawyers who handle anti-discrimination cases and training legal professionals to change society through impact litigation. One of the founders, Ge Ang, was the lawyer of the plaintiff in a lawsuit that challenged a Chinese college textbook's description of homosexuality as a “mental disorder.”
Hong Kong
The Hong Kong government has officially introduced an oath-taking requirement bill to the legislature, which will require district councillors to swear allegiance to the city and vow to uphold the Basic Law. The Legislative Council conducted the first and second readings of the bill on March 17.
A survey found that a majority of Hong Kong people fear the police will be given new powers to acquire personal data from telecommunications companies as part of a plan to make users register when buying prepaid SIM phone cards. The government announced the proposed new rule in January and a public consultation period on it ends March 20.
Secretary for Justice Teresa Cheng Yeuk-wah said China’s newly approved 14th Five-Year Plan (2021-2025) (in Chinese) “showed staunch support and care towards Hong Kong from the central government.” Cheng pledged to promote more cooperation and exchanges with the mainland in the legal field.
Secretary for Justice Teresa Cheng also defended the independence of the Hong Kong judiciary and endorsed Non-Permanent Judge Lord Jonathan Sumption’s recent commentary in The Times of London. Sumption wrote that Hong Kong's permanent judiciary is committed to judicial independence and the rule of law, and that the Chinese and Hong Kong governments so far have done nothing to interfere with the judiciary's independence. There have been debates (in Chinese followed by English transcript) about whether foreign non-permanent judges serving on Hong Kong’s top court should quit in light of the National Security Law and its impact on rule of law.
Japan
In a landmark decision, a Japanese district court ruled that the country’s failure to recognize same-sex marriages is unconstitutional. The court ruled in favor of three same-sex couples in a civil case against the government by finding that laws or regulations that deprive gay couples of the legal benefits of marriage constitute “discriminatory treatment without a rational basis.” The court declined to award damages. One of the lawyers for the plaintiffs, Takeharu Kato, a former USALI visiting scholar, said the decision is likely to have a positive impact on lawsuits filed by 11 other same-sex couples and pending in other courts across the nation. While activists view the victory as a step forward, Parliament must enact legislation for same-sex marriage to become legally recognized. An Asahi Shimbun editorial urged legislators to act, pointing out the concrete ways that same-sex couples are penalized by not being allowed to marry.
Japanese police compiled reports of a record 2,172 child abuse victims in 2020, up 9.1% from the previous year, according to a National Police Agency survey. The number of children who died after being abused totaled 61. Growing public awareness of child abuse and greater efforts to address it apparently led to the increase in recognized cases.
Former Justice Minister Katsuyuki Kawai, who is on trial for alleged vote-buying to help his wife’s 2019 election campaign, has expressed his intention to resign as a lawmaker, according to news reports. His wife, Anri Kawai, won in the House of Councillors election in July 2019 but the couple was arrested in June 2020. Mrs. Kawai was found guilty in January for conspiring with her husband in handing out cash to four prefectural assembly members.
Koreas
South Korea’s financial regulator introduced new penalties against digital currency exchanges that fail to properly implement anti-money laundering measures. The new rules will come into effect from April 20 and will bring the penalties into line with the Reporting and Using Specified Financial Transaction Information Act, which takes effect March 25.
More than 330 Jeju Islanders who were incarcerated by South Korea’s former authoritarian government following protests in 1948 were acquitted in a retrial in Jeju District Court on March 16. Two of the 335 defendants attended the trial, while the 333 others are officially considered missing, having disappeared in prison. They were originally convicted by a military court of violating the defense security law and engaging in an insurgency. An estimated 30,000 were killed by the military in putting down the protests. On February 26, the National Assembly passed a bill providing for fresh investigations into the Jeju uprising and compensation of its victims.
South Korea’s Ministry of Justice announced plans to amend the civil code to recognize animals as “living beings,” not “objects.” Animal rights activists welcomed the ministry's decision, saying the amendment will improve animal welfare and lead to stricter laws for the protection of non-human life. It will also lead to changes to animal-related laws, criminal law provisions, and even the Constitution. The ministry plans to run a task force on the amendment and hold meetings with external experts to craft detailed measures.
About 1,000 5G smartphone users have expressed an intent to take part in a collective lawsuit seeking at least $890 in compensation per user from the three mobile carriers, claiming that their 5G network quality falls short of expectations. The lawsuit, expected to be filed in May, follows complaints of slower than advertised 5G speeds and poor quality. As of January, the country had 12.87 million 5G subscriptions, accounting for 18.2 percent of the total 70.7 million mobile network users, according to government data.
Taiwan
Taiwan’s Ministry of the Interior issued a press release detailing the easing of restrictions on opening foreign non-profit organization (NPO) branch offices in Taiwan, including those from Hong Kong and Macau. The revised Directions for Foreign Civil Institutions and Organizations to Apply to Set up and Register Offices allows foreign NPOs to establish secretariats and multiple offices in Taiwan and waives their duty to report to the local police. While providing a legal basis for NPOs from Hong Kong and Macau to establish offices in Taiwan, the rules exclude organizations and personnel from mainland China.
Democratic Progressive Party legislator Chen Ting-fei (陳亭妃) criticized the Nationalist Party (KMT) as a “mouthpiece” of the Chinese Communist Party after the KMT blocked a draft foreign influences transparency act from moving forward. The proposed act would authorize the Ministry of Justice to designate as “foreign agents” persons or corporations who act under the direction of a foreign power to further its interests. It also would treat the assault or intimidation of Chinese exiles who have sought refuge in Taiwan as a special class of crime with harsher sentences.
Vietnam
To deal with the adverse impact of the Covid-19 pandemic on migrants, Vietnam called on countries and international organizations to work on result-oriented cooperation in order to implement the Global Compact for Safe, Orderly and Regular Migration more effectively. The Global Compact is the first inter-governmentally negotiated, non-binding document covering all dimensions of international migration.
The minister of information and communications, Nguyen Manh Hung, said Vietnam plans to launch “digital government” in 2025, meaning all governmental services will be provided 24/7. The government has been working toward this goal for two years already. Prime Minister Nguyen Xuan Phuc praised progress made so far but said it is vital to ensure cybersecurity and protect national sovereignty over cyberspace.
The National Assembly’s Committee on Legal Affairs virtually convened its 34th plenary session in Hanoi on March 16. Among other agenda items, it reviewed a report on the government’s performance during the 2016-2021 period. Participating lawmakers recommended the government continue to pay attention to and seriously implement the National Assembly’s resolutions and its agencies’ recommendations for consolidating the state administrative apparatus. It also examined the government’s proposals for establishment of administrative units and administrative boundary adjustment of several provinces and cities.