This Week in Asian Law

May 8-May 14


China

China launched an antitrust investigation into a leading online academic database, China National Knowledge Infrastructure (CNKI). CNKI came under scrutiny last month after the Chinese Academy of Sciences said it would suspend its subscription because of the high fees. CNKI has over 1,600 institutional customers overseas in 60 countries and regions and 32,000 institutional customers inside China, including core users from top universities, research institutes, government think-tanks, enterprises, hospitals, and public libraries.

Five days after China’s Ministry of Public Security (MPS) issued an A-level warrant for six fugitives who are wanted for trafficking in women and children, three of them have been apprehended by the police. The MPS has offered a reward of RMB 5,000 for each remaining suspect. (in Chinese)

The Supreme People's Procuratorate (SPP) released first quarter statistics for recorded inquiries about pending cases at prosecutors’ offices. From January to March, there were 32,333 recorded inquiries, an increase of 4.9% from last quarter. It is reported that only 2.1% of the inquiries are deemed “improper interference.” (in Chinese)

The Shanghai High Court issued a decision in which it recognized the property value of cryptocurrencies and held that Bitcoins are a virtual asset protected by Chinese law. China banned all cryptocurrency transactions and mining in 2021. A few other Chinese court decisions also have recognized Bitcoin as virtual asset.

Japan

The Tokyo government released its plan to revise a local ordinance next month to recognize same-sex partnerships and issue government certificates beginning in November. Tokyo’s Shibuya district in 2015 became the first place in Japan to begin issuing symbolic “partnership” certificates to same-sex couples, although Japanese law does not recognize same-sex marriage.

Hong Kong

Four former trustees of the 612 Humanitarian Relief Fund, a now-dissolved organization that helped persons arrested in connection with Hong Kong’s 2019 protests pay legal and medical fees, were arrested on allegations of colluding with foreign forces under the National Security Law. The four — Cardinal Joseph Zen, Cantopop singing star Denise Ho, Margaret Ng, a prominent barrister, and Hui Po-Keung, an academic — were later released on bail. The police said that providing financial assistance or property to people who have committed offenses under this law would itself be a violation of the law. The National Security Department has arrested more than 180 activists, journalists, lawyers, and opposition lawmakers in a sweeping crackdown on dissent since the law was enacted in June 2020.

Taiwan

Taiwan’s legislature is reviewing draft amendments to the National Security Act (國家安全法) and the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (兩岸人民關係條例) before the legislative session ends on May 31, 2022. The proposed revisions of the first bill would increase prison time and fines for infringing business secrets of Taiwan’s core technologies. The draft amendments to the second bill would forbid Chinese businesses or Chinese-funded entities based outside China from engaging in business activities in Taiwan without government approval.

The Judiciary and Organic Laws and Statutes Committee passed a preliminary review of an amendment to grant same-sex couples the same rights as different-sex couples in child adoption. The next step for the bill to pass is cross-party negotiations. Taiwan is the first and only jurisdiction in Asia to have legalized same-sex marriage.