This Week in Asian Law

May 1-May 7


China

The National People’s Congress Standing Committee released its legislative plan for 2022. The plan lists bills that are scheduled for review or research this year, and also sets forth priorities for all aspects of the committee’s legislative work in 2022.

The Supreme People's Court (SPC), the Supreme People's Procuratorate (SPP) and the Ministry of Public Security (MPS) have jointly issued an announcement urging all suspects involved in the abduction of women and children to surrender themselves to the authorities before June 30. The MPS also issued an A-level warrant for six fugitives who are wanted for major crimes of trafficking in women and children.

The SPC released five typical cases involving crimes of obstructing epidemic prevention and control. Around the same time, the SPP and the MoPS also jointly issued six typical cases related to epidemic prevention.

Japan

Japan will promote a reform of civil judicial procedures to entirely digitalize court administration, from filing suits to issuing judgments, according to Supreme Court Chief Justice Naoto Otani. “We’ll work to make judicial procedures more user-friendly while turning our eyes to the reality of society and digital technology trends,” the chief justice said.

A group of lawyers and academics urged Japanese Justice Minister Yoshihisa Furukawa to take swift action against hate crimes. The group visited the ministry’s offices and presented a written request after a series of hate crimes across the country.

Koreas

President Moon Jae In announced the passage of a controversial prosecution reform bill just six days before his term ends. The law, which takes effect in four months, leaves prosecutors with the power to investigate only two types of crimes. Earlier in President Moon’s term, the legislature already gave the power to investigate most crimes to a new investigative agency under the national police. President Moon believes that the powers to investigate and indict should be separated. He said the latest law responds to “concerns over political neutrality, fairness and selective justice in prosecutors' investigations.” The Supreme Prosecutor’s Office is looking into possible legal steps to challenge it.

A South Korean district court has ordered the sale of some Mitsubishi Heavy Industries Ltd. assets in South Korea that have been seized over a wartime forced labor lawsuit. The sale order was based on an earlier Supreme Court ruling, which ordered the Japanese company to compensate plaintiffs for wartime labor. Mitsubishi Heavy is expected to appeal the latest court order.

Hong Kong

Reporters Without Borders says that in press freedoms Hong Kong now ranks only 148th out of 180 locations, which is a record low for the city. The ranking was released a week after the Foreign Correspondents’ Club cancelled its annual human rights media award. The Explainer by Hong Kong Free Press lists press freedom incidents since the National Security Law took effect June 30, 2020.

Taiwan

The Executive Yuan announced Taiwan's first national human rights action plan this week in order to provide general guidelines for government agencies. The plan addresses eight key human rights issues and is said to benefit vulnerable groups such as indigenous peoples, LGBTQ groups, the homeless, migrant workers, the elderly, women, children, the disabled, and refugees. An office under the Executive Yuan will be established to review and coordinate work on human rights and transitional justice.

The Control Yuan has ordered the Ministry of Labor (MOL) to enforce existing legal protections for pregnant migrant workers in Taiwan following an investigation that found pregnant migrant workers in Taiwan are being wrongfully terminated and face delayed payment of government maternity benefits. The MOL said it is working to improve the guidance it provides to migrant workers about their legal rights in Taiwan and will conduct periodic reviews of the issues raised by the Control Yuan.