This Week in Asian Law


April 3-April 9

China

The Supreme People's Procuratorate (SPP) and the All-China Women's Federation have jointly launched a special operation to increase financial assistance to five categories of women in need while prosecutors handles their cases. The operation covers rural women at risk of falling back into poverty; victims of crimes such as domestic violence, sexual assault, trafficking; seriously ill or disabled women; unsupported elderly women; and women who become the sole caregiver in a family because of crimes or illegal acts. Women facing financial hardship due to workplace sexual harassment, discrimination, and domestic violence are also covered by the operation. The SPP requires nationwide prosecutors to promptly and diligently provide assistance to eligible women while protecting their reputation and privacy and avoiding secondary victimization. The system of judicial financial assistance provides temporary relief to victims of criminal or tortious acts who are unable to obtain compensation through litigation.

The Supreme People’s Court (SPC) and the SPP issued a judicial interpretation on handling criminal cases of destruction of wild animal resources. According to the interpretation, keeping artificially bred wild animal as pets may no longer be considered a crime, or may receive lenient punishment, if the artificial breeding technology for such wild animal is mature and used on a large-scale.

The SPC issued a new interpretation of the Civil Procedure Law to take into account amendments to the law made in December 2021. The interpretation consists of 16 provisions and will take effect on April 10.

Authorities in Shaanxi Province said they have punished 13 local officials and detained two persons in connection with the trafficking of a mentally ill woman. The woman’s plight received public attention when her husband was accused on social media of keeping her locked in a cage. This followed the public uproar over another trafficked woman who was kept chained in a hut in Jiangsu. Shaanxi authorities said the woman there had not actually been caged but was trafficked. They have detained two suspects.

Hong Kong

As of February 28, Hong Kong courts have handled 2,079 cases linked to the 2019 protests and concluded 80% of them, according to documents submitted to the legislature by the judiciary. Of these, 1,985 are criminal cases and 94 are civil cases. Courts have convicted 1,158 people. The documents said that protest-related cases are more complex than regular criminal cases. As of January 31, police have made 10,277 arrests in connection with the 2019 protests, which were triggered by the now-axed extradition bill.

Japan

A 19-year old murder and arson suspect, Yuki Endo, became the first “specified minor” whose name was revealed to the media on the same day that a revised juvenile law took effect. The new law lowers the age of majority in the criminal justice system to 18, from 20. Prosecutors can now reveal the name and identity of a suspect aged 18 or 19 who commits certain serious crimes.

Koreas

The number of victims of digital sex crimes who received assistance from a government support center increased 39.8 % from the previous year, and the number of male victims doubled. The Ministry of Gender Equality and Family attributes the increase to the operation of a 24-hour consultation system and offering victims assistance in deleting photos and videos.

Taiwan

In preparation for the Stalking and Harassment Prevention Act taking effect on June 1, Taiwan’s National Police Agency has identified 2,734 known harassers in stalking or related crimes over the past three years. It also has stepped up patrols and officer training.