This Week in Asian Law

January 22-28


China

Human Rights Watch (HRW) urged the Chinese authorities to immediately release and drop all charges against those detained for protesting against the government’s zero-Covid policies last November. It said the government also should stop harassing protesters’ lawyers and friends and censoring protest-related information on social media. Since thousands of people protested peacefully in Beijing, Shanghai, and other cities across China, the government has harassed or detained dozens of journalists, students, and other participants, according to HRW. Some protesters have been formally arrested, others have been released on bail, and the current whereabouts of still others is unknown.

Hong Kong

Justice Minister Paul Lam Ting-kwok promised to amend legislation to block overseas lawyers from involvement in national security trials within the first six months of the year. He said he was prepared for “constructive” public input. The city’s Bar Association has warned against the danger of a blanket ban on overseas lawyers taking on sensitive cases, which supporters of Beijing prefer.

Hong Kong’s ban on any products containing cannabidiol or CBD, a substance derived from cannabis, takes effect on February 1. CBD will be categorized as a “dangerous drug,” meaning that possession will be punishable by imprisonment for up to seven years and a HK$1 million (US$127,713) fine. Importing or exporting it will be punishable by up to life in prison and a HK$5 million fine.

Japan

The Supreme Court ruled that the disparity in the number of voters per legislative seat between densely and sparsely populated districts in the 2021 Lower House election — 2.08 times — was constitutional. Lower courts had issued conflicting rulings in 16 lawsuits, with nine deciding the gap was constitutional while seven said the election was held “in a state of unconstitutionality” but declined to nullify it. Last November, parliament passed a law changing the boundaries and distribution of Lower House single-seat constituencies in order to reduce the disparity in the value of votes.

Kumamoto District Court in southwestern Japan ordered the national government to pay a total of ¥22 million (US$169,380) in damages over the forced sterilization of two people under the now-defunct eugenic protection law, which it found unconstitutional. Between 1948 and 1996, the law authorized sterilizing people with intellectual disabilities, mental illnesses, or hereditary disorders. About 25,000 people were sterilized, according to government data.

Toshimitsu Motegi, the secretary general of the Liberal Democratic Party, said the income limit for parents to receive child allowances should be removed. The government currently pays families ¥10,000 (US$77) to ¥15,000 (US$116) per month for each child up to junior high school age. However, the payments are reduced for households in which one family member has an annual income of ¥9.6 million (US$73,912) or more, and families in which one person’s income exceeds ¥12 million (US$92,389) are ineligible for the allowance.

Koreas

A lawmaker from the ruling People Power Party has introduced a bill that would allow police to publicize public recent photos of suspected felons to better protect the public. Recently there has been public criticism that the photos of criminal suspects released by police are out of date and unhelpful to the public.

The Justice Ministry is proposing a revision to the Act on Electronic Monitoring that would bar sex offenders deemed to be at high risk of re-offending from living near child care centers, kindergartens, elementary schools, or high schools. The restriction would apply to repeat offenders or those whose crimes targeted children under age 13. Several communities have held demonstrations upon learning that notorious child rapists planned to settle in their midst after release from prison.

Representative Kim Gi-hyeon, a leading contender for leadership in the People Power Party, proposed that women as well as men should be required to participate in civil defense training. Under the Civil Defense Framework Act, men ages 20 to 40 should receive a maximum of 50 hours of civil defense training annually. Kim said he is submitting a bill that would extend the obligation to women ages 20 to 40, with exceptions for those who are pregnant or have recently miscarried.

Taiwan

President Tsai Ing-wen (蔡英文) announced that former Vice President Chen Chien-jen (陳建仁) will replace Premier Su Tseng-chang (蘇貞昌) as Taiwan’s premier. Su submitted his resignation as part of a larger cabinet shuffle seen as a response to the ruling Democratic Progressive Party’s poor performance in local elections last year. Chen, 71, served as vice president during Tsai's first term in office, from 2016-2020, when he coordinated efforts to reform Taiwan’s pension system and pass a law to legalize same-sex marriage.