May 21-27
China
China’s Coast Guard Bureau recently issued Procedural Provisions for Handling Criminal Cases by Coast Guard Agencies, which takes effect on June 15, 2023. The regulations consist of 345 articles addressing jurisdiction for crimes at sea and rules of criminal procedure such as the use of compulsory measures, right of suspects to a lawyer, criminal investigation methods, and evidence rules.
The Supreme People's Court released two judicial documents - an interpretation and an opinion - instructing courts on how to handle sexual crimes against minors. The head of the court’s first criminal division told a press conference that, among other things, the documents clarify the aggravating circumstances for sexual crimes committed by a person with caregiving duties; instruct judges to limit the use of suspended sentences for such crimes; and update the rules of procedure. Specialized agencies and personnel must handle cases involving minors. The interpretations take effect on June 1, 2023.
Hong Kong
A Hong Kong man applied for judicial review of the Telecommunications (Registration of SIM Cards) Regulation, which requires pre-paid and service plan SIM cards users to register their name, date of birth, and identity card number. The petitioner argued that failure to register one’s name did not necessarily indicate an intent to commit crimes. Officials have defended real-name registration as necessary to detect crime and protect national security.
A court convicted 13 persons of involvement in a riot in Yau Ma Tei (油麻地) on the night of November 18, 2019, during one of the most violent periods of that year’s anti-government protests. The defendants were among 213 people arrested as police dispersed crowds that attempted to reach Hong Kong Polytechnic University, then occupied by pro-democracy protesters. The judge rejected one defendant’s testimony that he was a photojournalist covering the protest, and the testimony of eight others that they were mere bystanders.
Japan
The Supreme Court admitted responsibility for lower courts discarding important trial records, saying it had failed to give adequate instructions on record preservation. Several courts disclosed last year that they erroneously discarded records of about 90 cases. The Supreme Court said it will issue uniform rules for the permanent preservation of trial records and set up a committee to provide advice on which records should be preserved.
The Sendai District Court rejected a lawsuit filed by 17 residents of Miyagi Prefecture who sought to block Tohoku Electric Power Co. from restarting a nuclear reactor. The residents argued that government plans for evacuation in the event of an accident are flawed. The court said it cannot be assumed that a serious accident is likely. The company shut down the reactor after the 2011 earthquake and plans to resume operations next February.
Koreas
Lawmakers voted unanimously to require themselves and high-ranking government officials to report any crypto holdings. Legislators already must disclose traditional assets such as cash, stocks, and real estate valued at more than 10 million South Korean won. However, given the sharp fluctuations in the value of crypto currencies, every single crypto coin should be reported. The bill awaits the president’s signature.
Legislators passed a bill that will provide interest-free and low-interest loans to the victims of recent massive home rental scams. The tenants paid hefty up-front deposits in lieu of monthly rent, but their landlords had taken out large loans on the buildings and eventually defaulted and declared bankruptcy, without repaying the tenants. Some victims have committed suicide.
Opposition parties sent a proposed revision of the Trade Union and Labor Relations Adjustment Act to the full National Assembly for a vote, bypassing a committee controlled by the ruling People Power Party, which had been blocking it. The revision would guarantee the bargaining rights of indirectly employed workers and shield workers from liability for participating in illegal strikes.
Taiwan
In the face of opposition organized by China, the World Health Organization decided not to invite Taiwan to attend the annual World Health Assembly being held in Geneva from May 21-30. Taiwan is allowed to attend some technical WHO meetings, but said its exclusion from the WHO hindered efforts to fight the COVID-19 pandemic.
On Jan. 1, 2023, Taiwan’s legal age of majority was lowered to 18 from 20, meaning among other things that couples could marry at 18 without the consent of a parent or other legal representative. Now the Legislative Yuan has acted to apply the age change to young couples entering same-sex marriages and divorces.
The Central Election Commission said it is unlikely to hold a referendum this year on expediting the execution of prisoners who have been sentenced to death. A non-profit called the Taiwan Lily Justice Association had proposed that voters be asked whether the Prison Act (監獄行刑法) should be amended to require executions within six months of a final death sentence being handed down.