January 29-February 4
China
Sichuan Province has changed its birth registration policies to allow unmarried parents to register newborns and to remove all restrictions on the number of children. Guangdong Province took a similar step in May 2022. For decades, Chinese parents were required to obtain advance permission to have children, and most were limited to one child. The central government gradually raised the limit and now promotes a three-child family in an effort to reverse population decline. Single mothers in Sichuan may now gain access to benefits such as maternity insurance. However, a demographer told state media that registering births outside of marriage, including surrogate births and single-mother births, does not mean such births are considered legal.
The Supreme People’s Procuratorate released five typical cases in which prosecutors used big data to discover cases of child abuse or neglect. Big data was used to identify problems with school bus safety, neglected children entitled to social assistance, lapses in mandatory reporting of child abuse by medical clinics, and instances of noise pollution and inappropriate businesses operating too close to schools.
The Supreme People’s Court (SPC) issued a document clarifying procedures for seeking enforcement of court judgments. The Opinion on Handling Certain Problems in Cases of Applying for Enforcement Supervision 《关于办理申请执行监督案件若干问题的意见》addresses common problems in the practice of handling enforcement cases. The Opinion took effect on February 1, 2023.
China ended its zero-Covid restrictions but some people charged with obstructing the prevention and control of infectious diseases over the past three years are struggling to have their cases reexamined. On January 7, one day before China completely reopened its borders, the Supreme People’s Court declared that since Covid-19 would be managed as a category B infectious disease, breaking pandemic restrictions would no longer be a criminal offense. It suggested that suspects in cases being processed be released but said nothing about already concluded criminal cases.
Hong Kong
The national security trial of some of Hong Kong’s most prominent pro-democracy figures is scheduled to begin on Feb. 6. They are among 47 persons charged in March 2021 with conspiracy to commit subversion for organizing an unofficial primary election to select opposition candidates for the legislature. Thirty-one of the 47 have reportedly pleaded guilty in hopes of reducing their sentences, and several are expected to testify as prosecution witnesses. The proceedings may last more than four months. The justice secretary ordered a non-jury trial in the case.
The Hong Kong Monetary Authority plans to begin regulating stablecoins this year and next, beginning with those that reference the Hong Kong dollar and other official currencies. Activities to be regulated include their issuance, the provision of wallet services, and reserve management. Stablecoins are cryptocurrencies designed to have a relatively stable price.
Japan
A government panel proposed that the age of sexual consent be raised from 13 to 16. The criminal law subcommittee of the Legislative Council, which advises the justice minister, also sought to make definitions more specific for the crimes of forcible sexual intercourse and indecent assault in order to make it easier to prosecute such crimes. The panel called for extending the statute of limitations by five years for all sex crimes and criminalizing secret photographing and filming.
The government plans to speed up efforts to put in place legal safeguards for freelance workers. The proposed law would require companies to clearly state details of work and payment amounts in order to prevent them from unilaterally changing the assignment or remuneration.
Koreas
The Standing Committee of the North Korea’s Supreme People's Assembly adopted a new law to protect state secrets. The law appeared aimed at tightening state control and discipline amid protracted economic challenges. The Standing Committee also adopted laws on railway management, loans, and national symbols, and reviewed the execution of a law on improving living conditions for discharged officers.
South Korea’s Ministry of Justice rejected a plan announced by the Ministry of Gender Equality and Family to revise the legal definition of rape to include non-consensual sex. Korea's Criminal Law currently defines the crime of rape as sexual activity against one's will that involves “violence or intimidation.” The proposed revision would remove the need to prove violence or intimidation. Ministry of Justice officials said they do not plan to review the Ministry of Gender Equality’s proposal.
Seoul Central District Court ruled against 9,851 iPhone owners who sought compensation from Apple Inc. for allegedly slowing the performance of older phone models in order to compel users to buy new ones. The court did not give specific reasons for its verdict. Apple agreed to pay up to $500 million in 2020 to settle similar claims in the United States, while at the same time denying wrongdoing.
Taiwan
Immigrants from Hong Kong are still finding it difficult to obtain residency in Taiwan, lawyers and would-be immigrants say. Those born in mainland China face the greatest difficulty. In January 2023, the immigration bureau published, then removed, new rules banning Hong Kongers in Taiwan from taking part in demonstrations or election campaigns, giving media interviews or entering military and national defense properties.