April 16-22
China
US federal prosecutors charged two men with conspiring to act as agents of the Chinese government and obstructing justice in connection with an alleged unofficial Chinese police outpost in New York City. They are said to have used the police outpost to intimidate Chinese dissidents living in the United States. China’s Foreign Ministry said the charges are “political manipulation.”
The State Administration for Market Regulation published Measures for the Administration of Internet Advertising, which will take effect on May 1, 2023. The measures update the regulatory framework for online advertising and strengthen internet user protection. Among other things, they require advertisers to obtain explicit consent to push internet advertisements to smart devices, require pop-up ads to be closable with one click, and treat live streaming promotion as internet advertising.
The Beijing Third Intermediate People’s Court ordered a tech company to compensate a former employee for more than 500 hours of online communication with clients and colleagues outside working hours. The court said it amounted to implied overtime. Long work hours and unpaid overtime work have become widespread problems, especially in the tech sector.
Hong Kong
The Department of Justice is seeking to amend the city’s Criminal Procedure Ordinance to allow prosecutors to appeal acquittals in national security cases tried at the High Court. Prosecutors currently can ask a higher court to overturn an acquittal and order a retrial only with respect to cases handled by magistrates’ courts and the District Court. To date, no national security cases have been acquitted at trial.
A Hong Kong woman who was studying in Japan was arrested during a visit home on suspicion of violating the National Security Law. Police said the charge was based on messages that she posted on social media from 2019 through 2021, while she was studying in Japan. The law explicitly applies to behavior anywhere in the world.
A street performer who was arrested in 2021 when singing the protest song “Glory to Hong Kong” on a street in Central District went on trial on a charge of organizing a prohibited group gathering. Police said they received a noise complaint, observed a crowd gathered around singer Oliver Ma, and warned him several times to stop performing before arresting him. Authorities have refused to say if the song itself is unlawful, but it is banned in schools and police have intervened when it is played in public.
Former student activist Joshua Wong was sentenced to three months in prison for breaching court bans on disclosing personal information about a police officer who injured a protester during 2019 anti-government protests. Wong has previously been convicted of three other protest-related charges and served sentences totaling about two years. He has remained in custody in connection with national security charges stemming from a 2020 unofficial primary election.
The High Court for the first time declared that cryptocurrencies are property and capable of being held on trust. The decision puts Hong Kong in line with other common law jurisdictions in recognizing the proprietary nature of digital assets, according to one law firm’s analysis.
Japan
The Tokyo District Court ordered the government to pay ¥220,000 ($1,600) in damages to a Kurdish man who said he was assaulted by staff at an immigration detention center. The court ruled that some employee actions were illegal because they exceeded what was “reasonably necessary.” In recent years, several foreign detainees have been injured while being restrained at immigration facilities.
The government granted refugee status to a Ugandan woman in compliance with a district court ruling. The court determined that the woman could be persecuted in her home country for being a lesbian. The Immigration Services Agency unveiled its first guidelines last month on eligibility for refugee status, which included sexual minorities. Last month, Uganda passed one of the world’s harshest anti-LGBTQ laws, which makes homosexual acts a crime punishable by death.
Japanese LGBTQ activist groups urged the government to adopt an anti-discrimination law and legalize same-sex marriages ahead of the G-7 summit, which will be held in Japan in May. Japan is the only G-7 country that does not recognize same-sex marriage or provide other rights protections for LGBTQ people. Prime Minister Fumio Kishida told journalists from G-7 countries that Japan promotes policies to achieve an inclusive and diverse society, but whether to allow same-sex marriage requires careful consideration.
A man suspected of throwing a smoke bomb toward Japanese Prime Minister Fumio Kishida had a track record of suing the government. Ryuji Kimura, 24, filed suit in Kobe District Court last year, claiming he was unfairly barred from running in national elections due to his age and inability to prepare a 3-million-yen ($22,339) deposit. The court dismissed his claim, but he appealed.
Koreas
The Interior Ministry wants to revise the local taxes law to give victims of home rental scams priority to recoup their security deposits before taxes are collected when their landlords default on loans and the rented homes are seized and auctioned. In such scenarios, the properties are often highly collateralized. Three cash-strapped tenants committed suicide in recent months when they were unable to get back their large security deposits. About 2,500 tenants were reported to be victimized by three rental scams in Incheon.
The ruling party and the government are considering a stronger law enforcement response to rising drug use by giving more power to prosecutors and launching a new government agency dedicated to controlling drug crime.
Lawmakers are considering revising the Act on the Aggravated Punishment of Specific Crimes to allow disclosure of the identities of drunk drivers who cause the death of another person. Currently, only the identities of sex offenders and perpetrators of other serious crimes are released to the public.
Taiwan
Employees of a Taiwan publisher, Gusa Press, called on China to release their editor-in-chief Li Yanhe (李延賀) following reports he had been arrested in Shanghai. Li, also known as Fuchsia, disappeared when he went to visit relatives in China in March. Gusa Press has published books that might be banned in China.
The Legislative Yuan Internal Administration Committee passed the first reading of draft amendments to the Use of Weapons and Requisite Instruments by the Coast Guard Authority Act (海岸巡防機關器械使用條例). The amendments would allow Coast Guard Administration personnel to use any weapon at their disposal to defend themselves or others without firing warning shots.
The legislature’s Judiciary and Organic Laws and Statutes Committee and Internal Administration Committee approved a bill to restructure the Interior Ministry. The proposed amendments to the Organization Act of the Ministry of the Interior (內政部組織法) task the ministry with planning, promoting, overseeing, and assisting with local laws and organizations; and measuring and registering land and buildings, among other functions. The Executive Yuan has proposed that the ministry have five subsidiary agencies: the National Police Agency, the National Immigration Agency, the National Fire Agency, a national land management agency and a national park agency. However, some legislators oppose putting national parks under Interior.