May 29-June 4
China
The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued Regulations on the Implementation of Sealing Juvenile Criminal Records (in Chinese). The regulations, which took effect on May 30, 2022, are intended to improve enforcement of the record-sealing requirements that were included in the 2012 Criminal Procedure Law but poorly followed. Criminal records will be expunged and sealed for certain minor offenses, and provisions will be retrospectively applied to eligible cases disposed of before December 31, 2012. Representatives from the four agencies held a press conference and released an explanation about the background of the legislation. (in Chinese)
The National Committee of the Chinese People's Political Consultative Conference, a high-level political advisory body, held a seminar to discuss revising the Arbitration Law. About 90 political advisors and experts commented on issues such as expanding arbitrable disputes, building public trust, providing training to arbitrators, and deepening international exchanges. A draft amendment to the current Arbitration Law was published in 2021 and is expected to be enacted by the National People’s Congress in 2022.
Japan
The Justice Ministry is considering revising the criminal procedure law to allow arrest and search warrants to be requested and issued online, and also allow defense lawyers to access prosecutorial evidence online. The ministry plans to refer the proposed changes to the Legislative Council, which advises the justice minister, and may submit the law revisions to Japan’s parliament next year.
A Japanese native who lost her citizenship when she became an American has filed a lawsuit in the Fukuoka District Court claiming that Japan’s nationality law violates the constitution. The law automatically strips Japanese of their citizenship when they acquire foreign citizenship. In 2021, the Tokyo District Court rejected a similar lawsuit by a group of eight plaintiffs, who are currently appealing that decision.
Koreas
South Korea’s Constitutional Court ruled that the government does not have to enact laws to compensate businesses that operated in the now-shuttered Gaeseong (Kaesong) Industrial Complex in North Korea. The complex was launched by the governments of North and South Korea and private South Korean businesses in 2004 so that South Korean companies could manufacture their products using North Korean labor. The South Korean government closed it in 2016 due to the North’s nuclear tests. The Constitutional Court dismissed the latest lawsuit by an affected business, saying that South Korean companies made their own decisions to operate in the complex while knowing the risks from any downturn in inter-Korean relations.
The Seoul Central District Prosecutors Office raided the office of Jung District Ward on suspicion of violating the Public Official Election Act after the head of the office, Seo Yang-ho, allegedly instructed the staff to host various events ahead of the election and promote his achievements to voters in the district.
Hong Kong
Hong Kong temporarily shut down portions of Victoria Park to prevent members of the public from gathering to mark the 33rd anniversary of the June 3-4, 1989 military attack on peaceful protesters in Beijing. Police urged the public not to take part in, advertise, or publicize any unauthorized assemblies, warning that violators could be prosecuted under the Public Order Ordinance and Prevention and Control of Disease (Prohibition on Gathering) Regulation.
The Hong Kong government says the number of cyber bullying cases reported in Hong Kong’s public-sector primary and secondary schools has almost doubled in the past four years, from 54 in 2017-2018 to 105 in 2020-2021. Security Secretary Chris Tang told the Legislative Council that the true incidence may be higher. Though not a specific criminal offense, cyber bullying is regulated under existing Hong Kong laws, he said.
Hong Kong’s incoming chief executive, John Lee, received an official letter of appointment from the Chinese government after meeting with Chinese President Xi Jinping and Premier Li Keqiang. Lee won an uncontested election earlier this month by an election committee. He is expected to be sworn in on July 1, the 25th anniversary of Hong Kong’s return to Chinese rule.
The Law Reform Commission published a report on Sentencing and Related Matters in the Review of Sexual Offenses with recommendations about penalties for various offenses, the reform and strengthening of treatment and rehabilitation services for sex offenders, and the optimization of the Sexual Conviction Record Check Scheme.
Taiwan
The Legislative Yuan passed a bill to resolve medical disputes by requiring patients and hospitals to go through mediation before resorting to the courts in both civil and criminal cases. Patients, their families, and their attorneys are required to discuss disputes with medical providers in front of a local government-established mediation committee that will include medical experts, legal professionals, and others.