This Week in Asian Law

April 23-29


China

The National People’s Congress passed revisions to the Counter-Espionage Law, which take effect July 1. The revised law expands the definition of espionage beyond obtaining state secrets to include actions taken within or outside China to obtain “documents, data, materials, or items related to national security and interests” – terms not defined in the law. The revision has heightened concerns among foreign researchers, journalists, and businessmen about working in China.

A senior editor at a Chinese Communist Party newspaper who often wrote liberal-leaning commentaries has been charged with espionage, according to his family members. Dong Yuyu was detained in February 2022 while meeting a Japanese diplomat in Beijing. He spent six months in detention before his formal arrest. According to his family, which went public about his arrest this week, the only evidence presented so far has been Dong’s contacts with foreign diplomats and overseas academic fellowships he received. More than 60 people, including prominent foreign journalists and academics, signed a petition urging the government to reconsider the charges.

China’s minister of natural resources announced the completion of a unified, nationwide property registration system after a decade of work. The system maintains records relating to all forms of immovable property, including land, buildings, and forests.  

Hong Kong

Judicial authorities are seeking feedback from legislators on a proposal to allow remote hearings for criminal proceedings other than trials. The proposal, motivated by efficiency concerns, would require courts to weigh such factors as the defendant’s preference, the right to a fair trial, the availability of those involved, and the security and quality of the alternative facilities used.  

The High Court heard arguments from lawyers of former Apple Daily publisher Jimmy Lai, who are seeking judicial review of the National Security Committee’s decision to block UK barrister Timothy Owen from representing Lai. Lai’s counsel argued that the committee overstepped its authority by advising the Immigration Department to reject Owen’s work visa. At a hearing, Chief Justice Jeremy Poon Shiu-chor noted that the National Security Law clearly states the committee’s decisions are not subject to judicial review.

Japan

The Japanese government is downgrading the legal status of COVID-19 to the level of seasonal influenza effective May 8 and will end vaccination requirements. Anyone entering Japan currently must show that they have had at least three COVID-19 vaccinations or provide a negative result from a test taken within 72 hours of departure.

Koreas

Prosecutors charged Daniel Shin, a co-founder of Terraform Labs, in connection with the collapse of the cryptocurrency firm’s TerraUSD and Luna coins in May 2023, which wiped out nearly 50 trillion won ($37.5 billion) in market value. Shin was charged with multiple crimes, including fraud, breach of duty and embezzlement. A district court recently dismissed security violations charges against Terraform Labs.

Prosecutors barred Song Young-gil, the former leader of the main opposition Democratic Party of Korea, from leaving the country while they investigate an election scandal. The case centers on allegations that envelopes of cash totaling 94 million won ($70,332) were distributed to party members, including some legislators, to promote Song's election to lead the party.

The Supreme Court finalized a six-year prison sentence for Lee Sang-jik, a former legislator and the founder of Korean budget carrier Eastar Jet. Li was convicted of embezzling company funds and breach of trust.

Taiwan

A Taiwan-based publisher, Li Yanhe, also known as Fu Cha, has been detained in mainland China on suspicion of endangering national security. Li was born in China and moved to Taiwan in 2009. He founded Gusa Press, which has published books that are critical of the Chinese government. Dozens of writers, scholars, and activists called for his release.  

The son of former President Chen Shui-bian (陳水扁), Chen Chih-chung (陳致中), was sentenced to one year in jail and fined NT$1.5 million (US$48,800) for his role in a money-laundering scheme. His wife was given a suspended ten-month sentence. However, the Supreme Court said there was insufficient evidence to convict Chen Shui-bian's wife Wu Shu-jen (吳淑珍) of directing the younger Chen and his wife, and ordered a retrial for Wu.

A lawmaker urged the government to regulate light pollution at a public hearing convened with a local non-profit, the Taiwan Dark-Sky Association. Chen Jiau-hua (陳椒華) of the New Power Party cited statistics about light pollution cases and the harms brought by excessive light to human health, nearby ecology, and energy efficiency. Chen said she had asked the environmental protection department to deliberate with government ministries, non-governmental organizations, and experts and come up with a proposal for reducing light pollution.