This Week in Asian Law

June 5-11


China

The Ministry of State Security released a regulation standardizing rewards for citizens who report activities that endanger national security. Citizens can earn as much as RMB100,000 ($15,000) for a tip that has major implications for China’s national security, or a “spiritual reward” in the form of a certificate.

The Supreme People’s Procuratorate and the Ministry of Public Security jointly issued four typical cases related to the crime of obstructing the prevention and control of the epidemic (in Chinese). Two cases involved counterfeiting trademarks for medical products such as protective clothing and COVID tests. The other two involved price gouging and defrauding a community grocery fund.

China’s Law on the Prevention and Control of Noise Pollution took effect this week. Here is a brief explanation of key points.

Japan

Japan’s legislature revised the Child Welfare Law to set up a “judicial screening” system before taking abused children away from their parents into temporary protective custody. Under the new system, a judge will determine if protective custody is necessary. The new law also allows individuals who grew up in foster homes to remain after turning age 22, providing them with an affordable home while pursuing higher education. They currently must leave foster care upon turning 22. The revisions take effect in April 2024.

The family of a Sri Lankan woman who died in a Japanese immigration detention center sued Japanese immigration authorities for failing to provide proper medical treatment. Her death sparked scrutiny of Japan's treatment of detainees and contributed to the government’s decision to withdraw a controversial bill that would have made it easier to deport failed asylum seekers.

Koreas

The Democratic Party, South Korea’s main opposition party, proposed a legislative motion to revise the demonstration law to ban hate speech during protests. If passed, it would be the country’s first legislation restricting hate speech. Current law allows authorities to ban protests that may “seriously affect the privacy of residents.” The proposed revision would add “noise and insults that could severely inflict upon other people’s personal rights.” It is the latest in a series of proposals by Democratic legislators to curb prolonged protests outside the home of former President Moon Jae-in.

South Korea’s Constitutional Court will hold an open hearing next month on a petition filed by the Catholic Bishops' Conference of Korea challenging the constitutionality of the death penalty. Twice before, in 1996 and 2010, the court has declared capital punishment to be constitutional. South Korea has not executed anyone since 1997.

Hong Kong

Hong Kong’s incoming chief executive, John Lee, asked the High Court to relieve him of criminal penalties and application fees for missing the deadline to submit mandatory documents in connection with election advertising. The omission is punishable by a fine of HK$5,000 and six months in prison. The court recently granted a similar request from a pro-democracy candidate, Mike Lam, although it ordered Lam to pay court fees of HK$25,318.

Hong Kong investigative news organization Factwire is disbanded, the fourth major independent news platform to fold in less than a year, after Apple Daily, Stand News and Citizen News. It did not give a reason. Factwire had recently reported on the Chinese business links of Chief Executive-elect John Lee’s sons, and also recently said that its subscriber data had been hacked. The city has plummeted in international press freedom indices since the introduction of the National Security Law two years ago.

Taiwan

The New Power Party said the National Security Council should block any sale of Apple Online to foreign owners backed by Chinese capital, as the news site could be used to influence domestic media. Apple Online is linked to Hong Kong’s now-shuttered Apple Daily newspaper. Apple Online announced that it had new owners but did not identify them. Chinese-language media have cited unofficial sources as saying that the new owners are businessmen from Singapore and Hong Kong.

Taiwan’s Democratic Progressive Party urged the government to investigate and seize seeds that were imported from China and sold in Taiwan through Facebook groups, warning that the seeds pose risks to national safety and agriculture. The seeds are advertised as being able to prevent or cure various diseases.