July 10-16
China
China’s newly revised Administrative Penalties Law took effect on July 15. The revisions clarify the definition of administrative penalty, provide more details about the types of penalties and confiscation of illegal gains, and extend the time limits for accountability for violations to five years in key areas. A new provision in Article 33 allows first-time administrative law offenders who cause only slight harm to be excused from punishment. However, persons who violate regulations during emergencies such as natural disasters, public health events and safety incidents can now be punished more quickly and more severely. The law is expected to increase enforcement transparency and credibility with new provisions about the release of enforcement information and examination of major enforcement decisions. An explanation in Chinese is here, and the Chinese text of the law is here.
The Ministry of Public Security, the Cyberspace Administration of China and the Ministry of Industry and Information Technology jointly issued regulations governing cybersecurity vulnerabilities in network products. The regulation is an implementation of China’s Cybersecurity Law and will take effect on September 1. (in Chinese)
Some county and city governments have been announcing that residents who have not been vaccinated against Covid-19 will be barred from some public venues. An immunologist in Beijing said local measures would violate China’s Law on the Prevention and Control of Infectious Diseases, which entrusts such decisions to provincial governments (in Chinese). A spokesman for the National Health Commission has previously criticized local compulsory inoculation policies. (in Chinese)
The Cyberspace Administration of China (CAC) promulgated the Cybersecurity Review Measures (revised draft for comments) and is accepting feedback until July 25. According to the draft, companies that process personal information of more than 1 million users must apply to the CAC’s Cybersecurity Review Office for clearrance before listing on overseas markets. (in Chinese)
Guangdong Province released an Action Plan for the Reform of Market-based Allocation of Data Elements in Guangdong Province. According to the plan, the government will promote data sharing among Guangdong, Hong Kong, and Macau. (in Chinese)
Hong Kong
Hong Kong’s legislature passed amendments to the Legislative Council Rules of Procedures to prevent filibustering, a tactic frequently used in the past by pro-democracy members to block proceedings. The new rules will also penalize absent lawmakers if a meeting is adjourned for lack of a quorum, and require members to attend full meetings in business attire, with bans on sportswear and jeans.
The Personal Data (Privacy) (Amendment) bill 2021 was gazetted on July 16 and Hong Kong’s Legislative Council will start its first reading on July 21. According to the new bill, Hong Kong’s Privacy Commissioner for Personal Data will have the power to order arrests without a warrant and to serve a “cessation notice” on people in Hong Kong or on service providers overseas if personal data is disclosed without the subject’s consent—regardless of whether such disclosure is made in Hong Kong. Violations of cessation notices may lead to up to two years in prison and up to HK$100,000 in fines. The bill caused concern from social media giants like Google, Twitter and Facebook.
Hong Kong solicitor Selma Masood announced her candidacy for the upcoming Law Society Council election in August, saying that she wants to be the “face of hope” as the city is “at a crossroads.” The race is seen as a watershed moment as currently seven out of 20 seats in the council are held by pro-democracy members and five new members will be chosen in the election.
Chief Executive Carrie Lam said that Hong Kong’s Prevention of Bribery Ordinance should never apply to the city’s leader as it would undermine the chief executive’s constitutional responsibility. The stance is inconsistent with her promise during her 2017 election campaign to amend sections 3 and 8 of the law to cover the chief executive.
University of Hong Kong Chair Professor of Public Law Johannes Chan Mun-man departed his post after more than 30 years of service. It is reported that he didn't extend his contract due to family issues. Professor Emeritus Jerome Cohen, the former faculty director of the U.S.-Asia Law Institute, wrote about the chilling effect of Professor' Chan’s departure.
Four US government departments issued a Hong Kong Business Advisory on July 16 that warns US businesses about the risks of operating in Hong Kong. The Treasury Department Office of Foreign Assets Control also added the names of seven Chinese Communist Party officials to a list of persons sanctioned for violating the 2020 Hong Kong Autonomy Act. The US State Department meanwhile said that the United States will continue to hold Hong Kong authorities accountable for the erosion of rule of law in the territory. Coming just days after six US departments issued a Xinjiang Supply Chain Business Advisory, the Hong Kong statements and sanctions are likely to heighten tensions between Washington and Beijing.
The Hong Kong Journalists Association released its annual report Freedom in Tatters, which says that Hong Kong's media environment has rapidly deteriorated over the past year. The report cited the transformation at public broadcaster RTHK, the police raid on Apple Daily and freeze of its assets, which forced its closure, the partial closure of public registers to persons seeking data, and police amending the definition of “media representative" as examples of an “unprecedented shock” to press freedom. The report urged the National People's Congress to consider amendments and supplementary provisions - in particular, making public interest a defense for journalists.
Japan
The Hiroshima High Court upheld a district court ruling that recognized 84 plaintiffs exposed to radioactive “black rain” outside a designated area as atomic bomb survivors, a status that can result in eligibility for free medical treatment and other benefits. The Hiroshima District Court ruled last July that the government standards regarding “black rain” used in defining eligible atomic bomb survivors lacked rationality. In the high court’s ruling, it overturned the government’s standards and ordered authorities to establish a panel to look into whether new standards are necessary. The lawsuit was filed in 2015 to challenge the standards for recognizing survivors of the August 6, 1945 US bombing of Japan that ended World War II.
Prosecutors decided to drop charges against 100 people involved in the electoral fraud case of former Justice Minister Katsuyuki Kawai, who committed bribery to get his wife elected as a legislator in the upper house. Kawai was convicted of bribing 100 local political leaders and campaign supporters and was sentenced to three-year prison term and fine of US$12,000. It is reported that the decision not to prosecute the bribe recipients is highly unusual, especially since 94 of the 100 acknowledged receiving the bribes. Under the Public Offices Election Act, bribe recipients can be charged even if they receive less than US$90.
As part of the Intellectual Property Promotion Plan 2021 released by the Intellectual Property Strategy Headquarters, a new copyright system was proposed to streamline secondary use of copyrighted content in old movies and TV shows online. Under the new system, media companies who use images and music of unknown copyright holders may pay royalty fees to a government-designated organization in order to use the material legally. The government aims to work out the details by the end of the year, then revise the Copyright Law and other related laws and regulations.
Koreas
The South Korean government delivered a written response to the Office of the U.N. High Commissioner for Human Rights about concerns that the Anti-Leafleting Law that bans the launching of anti-Pyongyang propaganda leaflets across the inter-Korean border could restrict freedom of expression. The South Korean government said the law restrains freedom of expression at a minimum level to protect public safety and is in line with restraints permitted by international human rights agreements. It stressed that the leafleting ban is necessary to protect the lives and safety of residents in the border areas, as such leaflets could provoke North Korea to take bellicose action.
South Korean President Moon Jae-in nominated Kang Sung-kook, a former judge currently serving as a senior Justice Ministry official, as his new vice justice minister. He will replace former Vice Justice Minister Lee Yong-gu, who resigned last month following controversy over his unpunished assault of a taxi driver last year. The nomination is in line with the Moon administration's personnel philosophy of excluding former prosecutors at key posts within the Justice Ministry.
South Korea’s Ministry of Personnel Management clarified which holidays are included in the newly passed alternative holiday bill. The bill increases alternative statutory holidays by designating a substitute holiday for all public holidays that fall on weekends. This bill will not be applied to workplaces with fewer than five employees, which are not required by law to give paid leave.
South Korea set its minimum wage level for 2022 at 9,160 won (US$8) per hour, up 5.05 percent from this year’s 8,720 won, the middle ground of the rates proposed by representatives from labor and business. The Korea Enterprises Federation, which lobbies for the business community, said it will file a complaint with the government against next year's minimum wage.
Taiwan
Taiwan’s National Human Rights Commission released its first report in which it clears the name of Lin Shui-chuan (林水泉), a pioneering democracy advocate and former Taipei City councilor. Lin was imprisoned by the Chinese Nationalist Party (KMT)-led authoritarian government twice during the 1960s and 1970s for his political activities. Lin, now living in the US, said that although the decision took 60 years, “I am glad that the current government has cleared my good name.” He said he had been tortured into giving a confession at that time.
Taichung District Court Judge Chang Yuan-sen (張淵森) recently found that data from the Executive Yuan’s COVID-19 tracing system were used to track suspects and wrote an article to question the admissibility of this type of evidence in criminal cases. The Central Epidemic Command Center has repeatedly promised that such text message communications would only be used in the context of disease prevention.