July 17-23
China
The Supreme People’s Procuratorate released nationwide procuratorial statistics for the first half of 2022, including numbers of arrests, indictments, prosecutions, public interest lawsuits, juvenile delinquency, petitions, and state compensation.
The Cyberspace Administration of China (CAC) ordered the ride-hailing company Didi Global to pay an administrative fine of over 8 billion yuan ($1.2 billion) and separately fined each of the chief executive officer and chairman 1 million yuan ($148,000). At a press conference, the CAC said its year-long investigation of Didi found 16 violations of the Cyber Security Law, the Data Security Law, and the Personal Information Protection Law.
The China Banking and Insurance Regulatory Commission urged Chinese banks to increase loan support for real estate developers so they can complete unfinished projects. Buyers across 18 provinces and 47 cities have stopped making payments, as of last week. Mortgage boycotts and frozen bank accounts are threatening China’s social stability.
Hong Kong
Hong Kong’s Law Reform Commission proposed creating five new cyber crime offenses, with tough penalties of up to life imprisonment, after concluding that existing laws are insufficient to safeguard national security. The recommended new offenses are: unauthorized access to a program or data; unauthorized interception, disclosure or use of computer data for a dishonest or criminal purpose; illegal interference with computer data; illegal interference with a computer system; and knowingly making available or possessing a device or data for the purpose of committing a crime.
LGBT activist Jimmy Sham asked the High Court to force Hong Kong to recognize the status of same-sex couples who were married overseas. His lawyer argued that treating same-sex couples differently from heterosexual couples violates the right to equality protected by Hong Kong’s Basic Law and Bill of Rights. Sham lost a related 2020 lawsuit when the court said his request for equal treatment was too broad. Sham is currently detained under the National Security Law awaiting trial on an unrelated charge and did not attend the High Court hearing.
Eight democrats, including former lawmakers “Long Hair” Leung Kwok-hung and Lee Cheuk-yan, asked the High Court to overturn their convictions for violating social distancing rules during a 2020 protest. Group gatherings were limited to four people due to COVID, so the eight democrats staged a Labor Day protest in two groups of four persons each. The magistrate said the two groups comprised a single group gathering. Several of the defendants also challenged the constitutionality of the social distancing rules. Meanwhile, the Department of Justice urged the court to adopt a looser standard when determining the rules’ constitutionality.
Tong Ying-kit, the first person convicted under the National Security Law, has been ordered to pay more than HK$1.38 million in court fees stemming from his failed legal challenges. Tong had asked the High Court to review his denial of bail and denial of trial by jury. He was convicted of inciting secession and terrorist activities and sentenced to nine years in prison.
Japan
A body that advises the Justice Ministry is considering allowing divorced parents to share custody of their children. The Family Law Subcommittee of the Legislative Council included the option of joint custody in a draft document that also includes the option of maintaining the current solo custody system. The subcommittee will hold further discussions before issuing an interim proposal by the end of August.
The woman who became a symbol of Japan’s #MeToo movement, Shiori Ito, told a press conference that the voices of sexual abuse victims are finally resonating. On July 7, Japan’s Supreme Court affirmed a civil judgment ordering the prominent television journalist Noriyuki Yamaguchi to pay Ms. Ito 3.32 million yen (about $24,000) in damages. Ms. Ito accused Yamaguchi of drugging and then raping her in 2015, but police declined to prosecute.
Koreas
Human rights activists accused the government of former South Korean President Moon Jae-in of violating the human rights of two North Korean fishermen whom it deported to the North in 2019. Officials at the time said the two men had conspired to kill 16 other fishermen before escaping to the South. However, new photos released by the Ministry of Unification show the men fiercely resisting deportation and apparently gripped by fear. The Seoul Central District Prosecutors’ Office is investigating the case.
South Korea’s Constitutional Court judges unanimously held that the Telecommunications Business Act violated the constitution by authorizing mobile carriers to share personal data with law enforcement agencies without notifying the user. The law was challenged by civic groups.
Taiwan
The Taipei High Administrative Court ruled that a Taiwanese-Japanese same-sex couple should be allowed to register their marriage with the local household registration office. It is the fourth time the court has issued such a ruling. The court said that deciding whom to marry is an important basic right guaranteed under Taiwan’s Constitution. The Ministry of the Interior, however, says the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (涉外民事法律適用法) allows registration of marriage with a foreign national only when the law of the foreigner’s home country also recognizes the marriage.