March 12-18
China
China’s 14th National People’s Congress (NPC) ended its inaugural plenary session on March 13. The NPC Observer has a list of official documents from the nine-day session. In addition to confirming the appointments to top government posts such as president (see last week’s TWIAL), the NPC approved amendments to the Law on Legislation. Changes touch on the legislative authority of various state institutions, legislative procedures, and the hierarchy of legal norms. Article 33 of the amended law authorizes the NPC Standing Committee to expedite the legislative process and pass a bill after a single Standing Committee deliberation when there is an “emergency situation.”
Effective Nov. 7, 2023, China is joining the Apostille Convention, which simplifies the process by which an official document issued in one member state can be certified for legal purposes in another member state. The Ministry of Foreign Affairs said joining the convention will facilitate international trade and people-to-people exchanges.
The Cyberspace Administration of China (CAC) announced a two-month special “clean up” operation on social media. The stated aim is to reduce disinformation, strengthen the responsibility of internet platforms, and strengthen supervision of “self-media.” The special operation is part of Operation Qinglang (清朗行动) or “clear and bright,” which the CAC launched in 2021 to reshape the online ecosystem in line with CCP values.
The Supreme People’s Procuratorate marked Consumer Rights Day on March 15 by releasing ten so-called “typical cases” of public interest litigation in the area of food and drug safety. The Ministry of Public Security separately released eight typical cases involving citizens’ personal information, such as ID information, facial recognition information, vehicle location information, transaction information, and utility bills. Stolen information was used to commit fraud, promote counterfeit goods and medications, apply for loans, or sold for profit.
Hong Kong
Jimmy Lai’s son and his legal team addressed a United Nations Human Rights Council session and urged the body to condemn the former newspaper publisher’s prosecution on “trumped-up” charges. The son, Sebastian Lai, said that his 75-year-old father had been given “lengthy and disproportionate terms of imprisonment” for supporting freedom of expression and association. Hong Kong authorities issued a statement rejecting the criticism.
Hong Kong police arrested two men for possessing cartoon books that authorities say are seditious. They are believed to be the first persons arrested for merely owning the books after the books’ publishers were convicted and imprisoned last year. Police raided the men’s homes and seized multiple copies of the books, which tell the story of a group of sheep fighting against wolves who are trying to take over their settlement. Authorities said it was really about Hong Kongers fighting China's government.
The Law Society of Hong Kong, which represents solicitors, said the admission of overseas counsel to represent defendants at national security trials should be decided case-by-case and not subject to a blanket ban. The Hong Kong government has proposed creating a pre-application screening process that would culminate with a decision by the chief executive. The Law Society said the proposed process was inefficient but that more details were needed.
The Court of Appeal refused to allow Ng Man-ho to appeal his conviction on charges of conspiring to incite others to commit arson, rioting, and other crimes during Hong Kong’s 2019 protests by running a Telegram group called SUCK Channel. The judge said that all of the issues Ng raised in his application to appeal had already been thoroughly considered and refuted by the trial judge. Ng was sentenced to 6.5 years in prison.
Japan
The Osaka District Court ordered the government to give refugee status to a Ugandan woman who said she feared persecution at home because she is a lesbian. It is reportedly the first time that a Japanese court has said being LGBT is grounds for granting refugee status.
The Tokyo High Court agreed to hold a retrial for an 87-year-old man convicted of killing four persons in 1966. The court said that the most crucial evidence may have been fabricated by investigators. The Tokyo High Public Prosecutor Office said it will file a special appeal against the retrial.
The Tokyo District Court ordered the Tokyo Metropolitan Government to pay damages of about ¥1 million ($7,500) for the 2017 death of a Nepalese man who was forcibly restrained by police while under investigation. Arjun Bahadur Singh was arrested on suspicion of stealing lost property and was secured in a way that bound his hands and stomach. He lost consciousness during interrogation at the prosecutor’s office and died in the hospital.
Koreas
President Yoon Suk-yeol ordered government agencies to reconsider a plan released earlier this month to raise the maximum-allowed work week to 69 hours from the current 52. Unions and opposition politicians argue that forcing employees to work longer hours will not help the country’s low birthrate. South Koreans worked an average of 1,915 hours in 2021, 199 hours more than the OECD average.
The Seoul Southern District Prosecutors Office indicted 108 men on charges of intentionally avoiding mandatory military service by posing as epilepsy patients. The men allegedly faked epilepsy symptoms and fabricated medical certificates. Two men who allegedly advised the draft dodgers were also charged. In Korea, all able-bodied men are required to serve in the army for 18 months, the navy for 20 months, or the air force for 21 months.
Taiwan
United Microelectronics Corp. founder Robert Tsao (曹興誠) established the Taiwan Civil Liberties Union to help bring about judicial system reforms. Tsao said civil society must take the lead in addressing problems such as judicial inefficiency, prosecutors with too much power, and over-criminalization of minor offenses. The organization will provide free legal counsel in cases that concern civil liberties, and work with academics and lawmakers to promote positive change.
Taiwan will require all commercially sold drones to be equipped with a remote identification tracking feature beginning in 2026, according to new regulations from the Civil Aeronautics Administration (CAA). CAA Deputy Director-General Lin Chun-liang (林俊良) said requiring a remote ID has become a global trend as civilian drones grow in popularity. The CAA is also planning to lower the minimum age for registering a drone from 16 to 13.