This Week in Asian Law

July 31-August 6


China

China’s Ministry of Human Resources and Social Security and the National Health Commission jointly published an urgent notice on combating employment discrimination against people recovering from Covid. The notice strictly prohibits hiring discrimination against people recovering from Covid and unlawful dismissal or termination of employee diagnosed with Covid. It prohibits inquiries into other people’s test results except for the purpose of disease control.

Shenzhen’s local regulation on the management of intelligent networked vehicles took effect on August 1, 2022, allowing fully self-driving cars to operate in designated areas in Shenzhen. Shenzhen became the first city in China to introduce local regulations for autonomous vehicles,.

A Beijing court has rejected a single woman’s lawsuit seeking to force a hospital to freeze her eggs. The court said that the hospital did not violate the woman’s rights, as she is not entitled to the service. China’s regulations on assisted reproductive technologies limit their use to married couples who are entitled to have a child under family planning policies. The plaintiff has appealed.

An engineer in Shaanxi who reported that a local quarry was causing pollution and demanded compensation for affected villagers has finally been exonerated of criminal charges. After making her report in 2018, Li Sixia was arrested, convicted of picking quarrels and provoking a disturbance, and sentenced to 2 1/2 years in prison. After an appellate court vacated her conviction, the prosecutor withdrew the prosecution. Li was released after 21 months in detention and has filed a state compensation claim for RMB 2,400,000.

The Ministry of Public Security said its “100-Day Operation” (百日行动) launched in June to reduce crime has cracked 64,000 cases nationwide and led to the arrest of 92,000 suspects. Among these, police reported solving 124 cases of abduction and trafficking of women and children, rescuing 153 abducted women and children, and arresting 321 trafficking suspects. The operation, similar to the “hard strike” campaigns of the past, has targeted violent crimes, wire fraud, crimes against vulnerable groups, and crimes involving gangs and “evil forces.” The ministry also released ten typical cases.

Hong Kong

Hong Kong's High Court removed a ban on reporting on a national security case involving the group that organized the city's annual candlelight vigils honoring victims of the 1989 Tiananmen Square crackdown. This will allow open reporting of pre-trial proceedings in a national security case for the first time. Three leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China were arrested last September and charged with inciting subversion of state power. The group was disbanded soon after.

Hong Kong’s Security Bureau accused three Canadian-based self-exiled activists of subversion under the National Security Law for launching a committee to elect a “Hong Kong Parliament” in exile. The bureau said in a statement that police would “spare no efforts … to bring the offenders to justice.” The Toronto-based Hong Kong Parliament Electoral Organizing Committee is chaired by journalist Victor Ho. It said the parliament “represents, solidifies and revives Hong Kong people’s rights of self-determination.”

Japan

Lawyers have accused a prison in Hokkaido of violating a prisoner’s constitutional rights by banning him from wearing his glasses for months. Prison officials said the glasses gave the man “a menacing aura” and could invite “derision” other prisoners. The Sapporo Bar Association said it was not the first case of a Japanese prison denying inmates access to glasses.

Koreas

The South Korean government is considering whether to petition the International Tribunal for the Law of the Sea over Japan's decision to discharge radioactive water from the Fukushima Daiichi Nuclear Power Plant into the sea. Japan’s nuclear regulator approved the discharge plan last month.

South Korea’s Interior Ministry has set up a new bureau to oversee the National Police Agency despite fierce opposition from police officers. The Interior Ministry said that it aims to manage police-related affairs according to the rule of law, but police fear it will undermine their independence.