October 16-22
China
Senior officials from China’s political-legal system briefed reporters on “building rule of law in China” on the sidelines of the 20th National Congress of the Communist Party of China. Achievements that they reported include: 85% of judicial personnel now handle cases directly following a sweeping judicial reform; the pretrial detention rate in criminal cases dropped from 69.7% in 2012 to 28.3% in the first nine months of 2022; major crimes in 2021 were down 64.4% compared to 2012.
The Supreme People’s Court (SPC) announced that China’s judicial blockchain platform has stored more than 2.6 billion pieces of evidence, an 18% increase since May 2022. The judicial blockchain platform (司法链) is a blockchain consortium initiated by the SPC following a 2018 rule that recognized blockchain technology as a legitimate means of collecting tamper-proof data.
The SPC released ten typical cases involving the role of people’s assessors. Officials said at a media briefing that courts nationwide have more than 332,000 people's assessors, nearly three times as many as in 2013. It is the first time the SPC has released typical cases involving people’s assessors since the promulgation of the People’s Assessors Law in 2018.
The Supreme People’s Procuratorate (SPP) published data about cases handled by procuratorates nationwide for the first three quarters of 2022. Continuing a trend of greater prosecutorial caution, the SPP reported that the number of arrests approved by prosecutorial organs fell by 41% compared with the same period a year earlier; prosecutors declined to arrest (逮捕, different in meaning from the English word “arrest”) nearly 42% of criminal suspects investigated by police; and prosecutors decided not to to prosecute more than 25% of suspects whose arrest they had approved. The plea for leniency procedure was applied in 85% of all criminal cases.
Hong Kong
A Hong Kong court allowed a veteran British lawyer, Tim Owen, to represent jailed media tycoon Jimmy Lai at his upcoming national security trial despite opposition from the government. The secretary for justice and Bar Association had argued that Lai’s national security trial was not especially complex and that the British lawyer would not “add a significant dimension.” However, Jeremy Poon, chief judge of Hong Kong's High Court, said the case would have “immense importance to the development of local jurisprudence on the application of the National Security Law and the protection of the freedom of expression.”
The Hong Kong government declared its intent to outlaw cannabidiol (CBD) effective February 1, 2023 by placing it in the same category as heroin, cocaine, and methamphetamine. Sales of CBD-infused products such as beers, coffee, and health supplements had been legal, but the government is moving amendments to the drug-control laws through the legislature. Under these amendments, anyone who possesses or consumes CBD will face up to seven years in jail and a fine of up to HK$1 million (US$127,000).
A retired Hong Kong civil servant won legal aid to continue challenging the government’s decision to invalidate more than 20,000 Covid-19 vaccine exemption certificates, a move the courts have put on hold. Kwok Cheuk-kin, a high-profile “serial litigant,” won the court’s permission earlier this month to initiate proceedings against what he called an abuse of power by health authorities. The government alleged seven doctors issued vaccination exemptions without conducting proper examinations.
Japan
Prime Minister Fumio Kishida instructed the education minister to investigate the Unification Church, a religious organization under heavy public criticism over its donation-collection methods. The minister said she is setting up a panel of experts to advise her on how to proceed and hopes to begin by the end of the year. The church’s donation-collection methods and ties to politicians came under the spotlight after former Prime Minister Shinzo Abe’s suspected killer said his mother gave the family’s savings to the church.
The health ministry is moving to legalize marijuana for the treatment of epilepsy but criminalize its usage for recreational purposes. The ministry’s expert panel met recently to discuss revisions to the Cannabis Control Law, which was enacted in 1948. Ministry officials expect an amendment bill will be submitted to the ordinary Diet session next year.
A draft law that would regulate sperm donation for the first time would restrict the procedure to legally married couples. The draft follows the example set by the existing but non-binding guidelines of the Japan Society of Obstetrics and Gynaecology. At present, due to the guidelines, few doctors are willing to accommodate lesbians and single women.
Koreas
A lawyer has announced plans to file a class action lawsuit against Kakao Talk, a leading free mobile messaging app, after a fire destroyed its main data center on Oct. 15 and disrupted services. The lawyer said that business owners and workers who rely heavily on Kakao’s services should be compensated for any damages they can show were caused by the service outage.
The Korean Bar Association (KBA) has fined nine lawyers for violating the Attorney-at-law Act by using the LawTalk app to promote themselves. LawTalk said it would help the attorneys to appeal the decision to the Ministry of Justice.
The members of K-pop band BTS will serve their mandatory military duties under South Korean law, ending a debate on whether they should be exempted. The band’s management company, Big Hit Music, said the band’s oldest member, Jin, plans to revoke his request to delay conscription. South Korean law requires able-bodied men to perform 18-21 months of military service by age 30, but exemptions have been granted for athletes and artists. The band’s seven members are ages 25-29. BTS has been called “possibly the biggest boy band in the world.”
Taiwan
The Mainland Affairs Council denied that immigration authorities “abused” national security policy or raised their threshold when assessing residency applications from former Hong Kong and Macao residents. The Hong Kong newspaper Ming Pao reported that the Taiwanese authorities rejected at least 70 administrative appeals concerning Hong Kong persons’ applications over the past two years. The number of Hong Kong residents attempting to take up residence in Taiwan has increased since the National Security Law was introduced in 2020.
Prosecutors indicted a senior university official and nine others over a scholarship scam where Ugandan students were forced to toil in a factory instead of studying. According to prosecutors, the dean and two colleagues allegedly tricked the Ugandans into coming to study at the university by promising scholarships and high-tech industry internships that did not materialize. Nine suspects were charged with a number of charges from human trafficking to fraud and corruption.
Interpol has again rejected observer status for Taiwan. The Interpol General Assembly recognized the People’s Republic of China as the sole representation of China in 1984, and maintains that Taiwan is part of China. Taiwan’s government argues that it needs to participate in the activities of international organizations such as Interpol, the World Health Assembly, International Civil Aviation Organization and others.