This Week in Asian Law

June 12-18

China

  • The Supreme People’s Court (SPC) released Online Litigation Rules, the first judicial interpretation to guide courts nationwide on how to adjudicate cases on the internet. An SPC spokesman told a press conference that more than 3,500 courts in China have launched their own online litigation platforms. From January 2020 through May 2021, a total of more than 12 million cases have been filed on these online litigation platforms, and more than 1.3 million hearings have been held. (in Chinese)

  • Revised regulations governing the Supreme People’s Court’s judicial interpretation function took effect this week. One of the most important changes in the revised Provisions on Judicial Interpretation Work is the addition of a new, fifth category of judicial interpretive document, 规则 or “rules.” These will deal with enforcement of judicial judgments. The four other forms of interpretive documents, which give guidance to lower courts, are called “interpretations,” “provisions,” “replies,” and “decisions.” (in Chinese)

  • The National People’s Congress Standing Committee amended the Law on Workplace Safety. The revised law, which will take effect on September 1, increases the penalty for workplace safety violations from 20,000 RMB (US$3,100) to 50,000 RMB, and raises the maximum fine for a workplace accident from 20 million RMB (US$3.1 million) to 100 million RMB.

  • The Publicity Department of the Central Committee of the Communist Party of China and the Ministry of Justice formulated the eighth five-year plan for carrying out publicity and education to raise public awareness of the law. The aim is intended to facilitate economic and social development during the 14th Five-Year Plan period (2021-2025).

  • The National Healthcare Security Administration released the draft of a Medical Security Law for public comment. The draft, with eight chapters and 70 articles, contains penalties for medical insurance fund fraud and illegal activities in the centralized medicine procurement process. Public comments should be sent to gcfgsysz@nhsa.gov.cn before July 16.

Hong Kong

  • Hundreds of Hong Kong police officers raided the newsroom of the pro-democracy newspaper Apple Daily and arrested five senior executives on suspicion of violating the national security law by publishing articles that called for sanctions on Beijing or Hong Kong. The search warrant permitted police to search for and seize journalistic material. Apple Daily’s founder, Jimmy Lai, is already serving 20 months in prison for his role in three unauthorized 2019 anti-government protests in Hong Kong. Mr. Lai, 73, appeared before a magistrate on national security charges, and it was learned that his case will be transferred to Hong Kong’s High Court, where the maximum penalty is life imprisonment. Lai is accused of requesting a foreign power to impose sanctions against China or Hong Kong between July 1 and December 1, 2020.

  • Hong Kong authorities are under pressure from pro-establishment legislators to further limit the number of legal aid cases that individual lawyers can take on. The legislators claim that those arrested in connection with the 2019 protesters are abusing the legal aid system and selecting the same relatively small group of allegedly sympathetic lawyers to handle their cases. Under the existing rules, lawyers cannot take on more than 25 criminal legal aid cases in a year. However, the available pool of legal aid lawyers is not large, as only about 20% of the 1,100 counsel on the legal aid panel meet requirements to handle the protest cases.

  • The Hong Kong government is drafting a “negative list” of district councilors’ past behaviors that could be considered as violating their oaths of loyalty to the government and to uphold the Basic Law. If found in violation of the newly mandatory oaths, they could be disqualified from office. Such behaviors reportedly could include taking part in or coordinating a primary election for democratic candidates last July, lending out their offices as polling stations during the primary, and signing a primary election manifesto. It is estimated about 170 pro-democracy district councilors may be forced out of office.

  • During a legislative council meeting, several pro-Beijing lawmakers made discriminatory remarks about Hong Kong’s facilitation of the 11th Gay Games to be held in November 2022. Hong Kong’s Chief Executive Carrie Lam, however, expressed regret that such remarks were made and added: “I certainly, personally and as a chief executive, do not condone that sort of remarks by individuals which will unnecessarily divide society and even raise hatred among certain sectors in the community.” Hong Kong does not recognize same-sex marriage and the government has appealed court cases that afford more rights to LGBT+ citizens.

  • Hong Kong government introduced new amendments to the Film Censorship Ordinance to ensure censors strike down movies featuring content that may be in violation of the 2020 national security law. The Federation of Hong Kong Filmmakers and the Democratic Party’s labour policy spokesperson Sin Cheuk-nam both expressed concern over the lack of clarity in the new guidelines and the scope for government interference with freedom of creation and expression.

  • Hong Kong’s Financial Services and the Treasury Bureau said legislation has been gazetted to implement a new public inspection regime under the Companies Ordinance in three phases, beginning on August 23, 2021. Among other things, journalists and news organizations will be denied access to full information on company directors in the Companies Registry. The Hong Kong Journalists Association criticized the revision.

  • Hong Kong’s Department of Justice dropped a charge against a reporter from Ta Kung Pao, a Beijing-owned newspaper, for violating the Road Traffic Ordinance by making false statements to access public vehicle records. The West Kowloon Court issued a 12-month binding-over order of HK$2,000, which is neither a punishment nor a criminal conviction. The decision came two months after a court convicted freelance documentary producer Bao Choy Yuk-ling of violating the same ordinance by engaging in the same behavior as the Ta Kung Pao reporter, and fined her HK$6,000. At the time, Ms. Bao was working for Hong Kong government broadcaster RTHK and investigating alleged police misconduct. Her conviction was seen as an attack on press freedom.

Japan

  • Two Americans who helped former Nissan Motors Chairman Carlos Ghosn flee prosecution in Japan pleaded guilty in a Japanese court to aiding Ghosn’s escape. Michael Taylor, a former Green Beret, and his son, Peter Maxwell Taylor, were arrested in Massachusetts in the spring of 2020 and extradited to Japan in March 2021. They face up to three years in prison.

  • A special Diet committee voted to refer Kiichi Okaguchi, a Sendai High Court judge, to the Judge Impeachment Court for posting inappropriate messages on social media. Okaguchi will be the ninth judge ever to be referred to this court, which is comprised of 14 Diet members, and the first for expression of views. Seven judges have been dismissed by the court to date. A two-thirds majority of the Judge Impeachment Court is required to remove Okaguchi from the bench.

  • Japan passed a law to regulate the use of land in the vicinity of important facilities such as U.S. military and Self-Defense Force bases and nuclear power plants, as well as on outlying islands. Government officials will be allowed to check the names and addresses of owners of land and buildings within one kilometer of such facilities, and how the land and buildings are being used. Officials said the law is necessary for national security, but critics say the wording of the legislation is vague and that it will be used to restrict protests near the facilities.

  • The Tokyo District Court sentenced former Justice Minister Katsuyuki Kawai to three years in prison and fined him 1.3 million yen (US$11,800) for buying votes for his wife in the July 2019 Upper House election. Kawai’s wife, Anri, was sentenced in January to 16 months in prison with a five-year suspension. She then resigned from the Upper House.

Koreas

Taiwan