This Week in Asian Law

March 27-April 2


China

  • An empirical study based on the China Justice Index (CJI) (2015-2019) that examined the trajectory of China’s judicial civilization was published by Professor Zhang Bosheng and Wang Dianxi. CJI is a quantitative rule of law evaluating tool developed by the Center of Cooperative Innovation for Judicial Civilization at the China University of Political Science and Law. It examines 10 level-1 indicators and 32 level-2 indicators in four categories including judicial institution, judicial operation, judicial subject, and judicial culture to evaluate the level of judicial civilization in all 31 provincial-level administrative regions. This article examines the trend of judicial civilization over the past five years and pointed out areas that need extra attention and investment. (in Chinese)

  • The government brought to a close its three-year nationwide saohei campaign against organized crime with a conference that summarized the campaign’s achievements. (in Chinese) Among the many statistics released: 3,600 crime groups were broken up, 89,742 cases involving gang crime-related corruption and “protective umbrella” were pursued, and more than 53,400 defendants were convicted and given sentences ranging from five years to life in prison to death. An explanation of the campaign can be found here.

  • The law firm of Ren Quanniu, who lost his license to practice law after trying to represent two of the “Hong Kong 12” last year, is disbanding. According to RFA, authorities ordered the firm to dissolve. Another defense lawyer who was stripped of his license for the same reason, Lu Siwei, learned that he is barred from traveling abroad.

  • Chinese internet users have been buzzing over the latest #MeToo story: the case of a young woman who was convicted of extortion and sentenced to 13 years in prison for having paid sex with nine men, including eight officials. Xu Yan received a total of $573,000 from the men. But after a lawyer posted the verdict online, questions have been raised, including how much power Ms. Xu had in the relationships that began when she was age 19 with a series of local officials, including the county’s deputy police chief and three chiefs of local police stations.

  • Beijing Equality, a women’s rights and gender equality non-profit organization, released a study of personal safety protective orders five years into the implementation of the Anti-Domestic Violence Law. The study of 205 court rulings in Shanghai found that only 51% of protective order applications were successful. Some 98% of applicants said they had experienced physical violence. The report estimated that only five in 1,000 domestic violence victims applies for a protective order. (in Chinese)

Hong Kong

Taiwan

  • The U.S. State Department published its 2020 Human Rights Report on Taiwan, which was largely positive in its assessment of Taiwan’s due process, treatment of prisoners, government transparency, academic freedom, and the freedoms of religion, assembly, and the press. However, the report pointed out that that Taiwan's relatively loose interpretation of Article 310 of the Criminal Code in determining libel/slander puts journalists at increased risk of legal action and noted that reporters have been targeted by online bullying. Earlier this week, former political talk show host Dennis Peng was indicted for aggravated libel for accusing President Tsai of forging her academic credentials.

  • Three same-sex couples and rights groups pledged to take their cases to court to push for equal adoption rights. Currently, the same-sex marriage law only allows a homosexual person to adopt the biological child of their partner. Married same-sex couples do not have the legal right to adopt non-biologically-related children. DPP spokeswoman Lee Yen-jong said the current law violates the Constitution, which commits to equality of rights, and the United Nations Convention on the Rights of the Child, the core values of which were adopted by Taiwan in 2014.

Japan

Koreas

  • Material from a North Korea political lecture show authorities encouraging people to confess and turn in “illegal propaganda material” amid a crackdown on “non-socialist and anti-socialist phenomenon.” North Korea enacted the “Anti-Reactionary Thought Law” last year. Since then, authorities have mobilized various surveillance agencies in a severe crackdown.  

  • South Korean President Moon Jae-in pledged all-out efforts to fight real estate corruption, especially among public officials, at an emergency session of an anti-corruption consultative body. Moon’s popularity has plunged since 10 officials from the office in charge of real estate development were found last month to have purchased undeveloped land in an area slated for development, using their insider knowledge for profit. The government is pushing legislation to require all public officials to declare their assets, and is considering confiscating illegal gains from real estate speculation. The president has urged the National Assembly to start stalled talks on a conflict of interest law as well as set up a watchdog to monitor real estate transactions among government officials.

  • Reported cases of sexual violence, assault, and overdue wages among foreign workers have continued to emerge in South Korea as they accuse their employers of exploiting their vulnerable status. Lawmakers from the ruling Democratic Party of Korea as well as the main opposition People Power Party have proposed revising the Act on the Employment of Foreign Workers. One proposal would require employers to undergo labor and human rights education before they are allowed to hire foreign workers. Another would strengthen the law’s anti-discrimination clause. South Korea had about 840,000 foreign workers as of 2020, and demand for them has been increasing.