March 5-11
China
The National People’s Congress (NPC) confirmed Xi Jinping’s third five-year term as president during its annual plenary meeting. Xi began a third five-year term as general secretary of the Chinese Communist Party in October 2022, the real source of his power. Han Zheng was named vice president, and Li Qiang as premier. The NPC, which began its nine-day session on March 5, also approved a State Council Institutional Reform Plan that creates two new government agencies and reshapes the functions of others. Also meeting this week was the Chinese People's Political Consultative Conference (CPPCC), a prestigious advisory body with no formal powers.
Outgoing Supreme People’s Court President Zhou Qiang delivered the court’s annual work report to the NPC. He said that in 2022, courts nationwide accepted about 33.72 million cases, up 170,000 cases from 2021. More statistics are available here. Zhang Jun, procurator general of the Supreme People’s Procuratorate, also delivered a 2022 work report to the NPC, which said that Chinese prosecutors handled over 17.33 million cases during 2017-2022, up 40% from the previous five years. More statistics are available here. The NPC later approved Zhang as president of the Supreme People’s Court for a new five-year term, while promoting Zhang’s former deputy Ying Yong as the new procurator general.
Hong Kong
The Court of Final Appeal will hear a claim that Hong Kong’s failure to recognize overseas same-sex marriages is unconstitutional. Jimmy Sham, the ex-convenor of a disbanded protest group, the Civil Human Rights Front, married his partner in New York in 2013 and began a court battle for Hong Kong recognition of the relationship in 2018. He has lost in lower courts. Hong Kong law does not provide for same-sex marriage.
Outgoing Chinese Premier Li Keqiang told the NPC plenary in Beijing that “one country, two systems” must be maintained in Hong Kong. Wang Huning, a member of the Chinese Communist Party’s top leadership body, met with Hong Kong delegates to the CPPCC and expressed his hope that they would properly implement one country, two systems, understand the national constitution and Hong Kong Basic Law, and integrate Hong Kong into the national development plan.
Three Hong Kong activists from the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which for decades organized annual vigils commemorating the 1989 Tiananmen protesters, were convicted of refusing to provide information to authorities required by national security policy. They face up to six months in prison and a fine of nearly $13,000.
The League of Social Democrats said police questioned four of its members and warned them not to participate in a march that was planned by the Hong Kong Women Workers’ Association in advance of International Women’s Day. The women’s group called off the march, which had been approved by police, at the last minute. Police then cancelled their letter of approval for the march and warned that anyone who attempted to assemble would be considered to be joining an unauthorized rally.
Japan
Japan’s Supreme Court unanimously ruled that the My Number personal identification system is constitutional. The ruling in favor of the government concluded three of the lawsuits started at eight district courts by plaintiffs who claimed that the My Number system violates the right to privacy. Presiding Justice Takuya Miyama said the identification numbers are used only for legitimate purposes including social security, taxation, and disaster response.
Women’s rights activists renewed their demand for the government to allow married couples to maintain separate surnames. At a rally marking International Women’s Day, representatives from dozens of women’s rights groups delivered a joint statement to lawmakers urging them to change the 125-year-old civil code, which forces married couples to choose a single shared surname when they marry. In 2015 the Supreme Court urged parliament to discuss the issue, but parliamentary deliberation has stalled due to opposition by conservative members of the governing party.
Koreas
South Korea's labor minister defended a plan to lengthen the legal work week - to 69 hours from the current 52 - by saying it will allow workers to accrue more overtime and thereby give working mothers more choice. The plan was announced this week as part of efforts by the ruling conservative party to “increase labor flexibility.” The work week was capped at 40 hours of regular work and 12 hours of overtime in 2018. Business groups welcome the proposal but unions and the Korean Women's Associations United voiced opposition.
The Korean Intellectual Property Office hopes to amend the Trademark Act to require online platforms to stop the sale of goods found to be counterfeit; failure to do so could be deemed a trademark infringement. Korea is among the top eight OECD countries in terms of economic losses reported due to the sale of counterfeits.
The Unification Ministry said it will create a committee to advise the minister on the establishment of a foundation aimed at promoting human rights in North Korea. The North Korean Human Rights Act of 2016 mandates creation of such a foundation, but movement has been stalled by disagreements among the political parties, which are supposed to nominate its board directors.
Taiwan
Taiwan’s Supreme Administrative Court upheld a NT$6 million (US$194,900) fine against China Airlines (CAL) based on the involvement of four CAL employees in a cigarette smuggling operation. The employees collaborated with nine officials from the National Security Bureau and the Presidential Office in trying to smuggle 9,797 cartons of cigarettes into Taiwan when President Tsai Ing-wen (蔡英文) returned from an overseas trip on a CAL chartered flight in July 2019.
Civil society groups called for revisions to the Act of Gender Equality in Employment to allow for more flexible parental leave. Under current law, each parent can apply for two parental leaves before their child turns 3, and each leave should be a minimum of 30 days. Advocates say parents should be allowed to take multiple short periods of leave - even just a few days or hours - until their child turns 8.
The head of a private care home, its administrative assistant, and a nurse were convicted of contributing to the death of an autistic resident and sentenced to imprisonment ranging from 7-9 years. The De Fang House of Correction provided long-term care and skill training for patients older than 18 with mental and physical disabilities. An investigation found that the three defendants slapped, punched, and restrained the resident with plastic straps and ropes. He was found dead. The facility was fined and closed.