This Week in Asian Law

September 25-October 1


China

China abstained from a UN Security Council resolution introduced by the United States and Albania condemning Russia's proclaimed annexation of parts of Ukraine and calling on UN member states to withhold recognition of the move. Russia vetoed the resolution. Since Russia invaded Ukraine on Feb. 24, China has either abstained or cast its vote with Russia with respect to resolutions related to the war.

The Chinese Communist Party announced that it has finished the process of selecting 2,296 delegates to attend the party’s 20th congress, which begins on Oct. 16. It said 8.4% of the delegates are workers, 3.7% are farmers, and nearly 12% hold professional or technical jobs. The announcement did not provide the occupations of the other delegates, but the majority typically are full-time government, party, or military officials. Nearly 27% are women.

Beijing police said they arrested nine persons suspected of organizing carpooling into Beijing for people from Covid-19 high risk areas in order to make profits.

China’s legislature seeks public comments through October 1 on a draft revision to the Wild Animals Protection Law (野生动物保护法) and on a draft Qinghai–Tibet Plateau Ecological Conservation Law (青藏高原生态保护法).

Hong Kong

Roman Catholic Cardinal Joseph Zen, the 90-year-old former bishop of Hong Kong and outspoken critic of China’s ruling Communist Party, went on trial on charges of failing to properly register a relief fund that was set up in 2019 to pay the legal and medical fees of arrested protesters. Zen and four other trustees of the fund were originally arrested in May on suspicion of colluding with foreign forces, a crime under the National Security Law. However, prosecutors have not formally brought that charge.

The Path of Democracy (民主思路)party appealed to the government to enact a “properly drafted” fake news law to protect society from misinformation such as false news relating to Covid-19 vaccines. The party also proposed that mainland Chinese students who graduate from Hong Kong universities be given monthly housing subsidies of HK$5,000 ($637). The ideas were among a list of suggestions for Chief Executive John Lee ahead of his policy address next month.

Speech therapists Lorie Lai and Samuel Chan, who were convicted of sedition and sentenced to 19 months in prison for publishing children’s books said to contain anti-China sentiment, submitted applications to appeal their convictions. They were among five executive members of the General Union of Hong Kong Speech Therapists who were convicted in early September. They had been incarcerated before trial and are expected to be released on October 10 based on their time served.

Hong Kong’s High Court sentenced former pro-democracy lawmaker Ted Hui in absentia to three and a half years in prison for contempt of court after fleeing overseas while on bail. Hui, who is now in Australia, had been given permission to leave Hong Kong in November 2020 to attend climate change meetings in Denmark. He had said he would return to face pending criminal charges, including charges related to the 2019 street protests.

Japan

The Tokyo District Court upheld the Ministry of Justice’s denial of a long-term residency visa to an American man who has been living in Tokyo with his Japanese same-sex partner. Andrew High and his partner were legally married in the US, but Japan does not recognize same-sex marriages. High has applied unsuccessfully for a Japanese long-term resident visa five times since 2018, and currently resides in Tokyo on a temporary visa. The minister of justice can grant long-term residence status for up to five years in recognition of special circumstances.

Six more victims of a forced sterilization program filed lawsuits against the Japanese central government, claiming that the operations performed under the former Eugenic Protection Law were unconstitutional. This brought to 31 the total number of plaintiffs who have filed similar cases across Japan, although five have died after filing their lawsuits. Under the 1948 law, about 16,500 sterilization operations were performed on people with disabilities without their consent. In 1996, the law was revised to delete the provisions on forced sterilization and renamed the Maternal Health Law. Some courts have rejected the plaintiffs’ requests for compensation while other courts have ordered the government to pay compensation.

Koreas

The Seoul Central Prosecutors Office requested an arrest warrant for Lee Jung-geun, a former deputy secretary general of the opposition Democratic Party, on charges of bribery and violation of the political fund act. Lee is accused of taking about 950 million won ($667,549) from a business person in exchange for promises to lobby government officials and public institutions for business favors. In a separate case, Lee was indicted on Sept. 8 on charges of violating the election law.

South Korea’s Supreme Court confirmed a seven-year sentence for a former Air Force master sergeant who was convicted of sexually harassing his colleague, the late Air Force Master Sergeant Lee Ye-ram. It rejected additional charges of retaliation and intimidation. Lee committed suicide after experiencing additional victimization from her superiors and colleagues. The prosecution sought a 15-year sentence, but a military court sentenced him to nine years, which the High Court for Armed Forces reduced to seven. The victim’s family said the courts had failed them.

Taiwan

The Legislative Yuan approved an amendment to the Act Governing the Use of Police Weapons (警械使用條例), defining four scenarios in which police officers may discharge their firearm in the line of duty. The goal of the amendment is to give police more flexibility and guidance in the use of firearms. All four scenarios were already in police guidelines since 2016, but this move gives them the status of law.