June 11-17
China
The Supreme People’s Court released ten typical cases related to domestic violence, ranging from civil cases including divorce to criminal cases including intentional killing. In one case, a woman who killed her abusive husband received a lenient sentence, in the first application of guidance released in 2015. In another case, the court ruled that parents were guilty of intentional assault when their corporal punishment had serious consequences for the child. The official comments to seven of the ten typical cases cited the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which China has ratified.
The Ministry of Justice released a statistical analysis of the work of lawyers and basic-level legal service providers in 2022. According to its report, as of the end of 2022, China had 651,600 licensed lawyers, more than 38,600 law firms, 13,000 basic-level legal service organizations, and 56,000 basic-level legal service providers. The number of lawyers was up 13% from 2021.
Hong Kong
The Court of Appeal found that High Court Judge Wilson Chan plagiarized most of a written judgment in a trademark dispute case, lifting 98% from a plaintiff’s written submission, and ordered the case be retried by another judge. Chief Justice of the Court of Final Appeal Andrew Cheung gave Chan a “serious reprimand.”
Judge Wilson Chan was also in the news as he presided over the government’s application for an injunction to ban the song Glory to Hong Kong, an anthem of the city’s massive 2019 protests. Judge Chan adjourned a hearing on the matter until July 21. The Department of Justice sought an injunction against “broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way… the Song.” It said at the hearing that the injunction was aimed at people with the intention of inciting secession, sedition, or to violate the national anthem law, not “the world at large.” The song has already became inaccessible on major streaming sites.
The Education Bureau updated its Guidelines on Procurement Procedures in Aided Schools to include a new section on “Safeguarding National Security.” Under the updated guidelines, government-subsidized schools in Hong Kong may immediately terminate a contract if the contractor engages in acts or activities endangering national security. The Government Logistics Department has included national security terms in tender documents, as has the Lands Department in its terms and conditions for land sale and short-term tenancy.
Japan
The parliament adopted legislation to raise the age of sexual consent to 16 from 13, an age limit that had remained unchanged since 1907 and was among the lowest in the developed world. The revision was part of an overhaul of laws on sex crimes. Other changes include redefining rape from “forcible sexual intercourse” to “non-consensual sexual intercourse,” and cracking down on “photo voyeurism,” making it illegal for people to take, distribute, or possess sexually exploitative photos taken without consent. Such crimes previously were governed by local ordinances, resulting in inconsistent enforcement.
The Supreme Court held a hearing on whether to ease restrictions on a transgender government employee’s use of a workplace bathroom. The employee sued the government in 2015 for being ordered to use a bathroom far away from her office. It is the first time the Supreme Court has been asked to rule on the working environment for sexual minorities. A decision is expected on July 11, 2023.
The parliament passed a law saying “there should be no unfair discrimination” on the basis of gender identity or sexual orientation. Activists criticized the law for lacking human rights guarantees, while some conservative lawmakers said it is too permissive.
Koreas
President Yoon Suk Yeol ordered the Ministry of Justice to draft legislation that would allow authorities to more frequently disclose the identities of suspects in violent attacks on women. At present, revealing a person's identity in a suspected crime is considered a criminal breach of the personal information protection law.
The National Intelligence Service and police are investigating reports of unofficial Chinese police stations across the country. Authorities tentatively concluded that a Chinese restaurant in Seoul was acting as a base for unofficial Chinese police operations, and that Confucius Institutes had tried to counter local student support for Hong Kong’s democracy movement.
The Supreme Court ruled partially in favor of workers in two separate lawsuits with Hyundai Motor. In one case, Hyundai Motor demanded 27.1 billion won ($21 million) in compensation for damage caused by an illegal 2010 strike, and sought to hold participating workers equally liable. The court said union members’ liability should be based on the extent of their individual involvement in the strike. In the second case, over a 2013 strike, the court agreed with workers that damages were not warranted if lost production was made up.
The director-general for international legal affairs at the South Korean Foreign Ministry, Rhee Zha-hyoung, won a seat on the International Tribunal for the Law of the Sea for the 2023-2032 term. South Korea has had a judge on the tribunal continuously since 1996.
The Education Committee of the National Assembly passed a bill that would increase support for victims of school bullying, including cyber bullying. School bullying cases in South Korea have doubled from 31,000 in 2017 to 62,000 in 2022.
Taiwan
Taiwan’s Constitutional Court decided not to decriminalize defamation, but narrowed the scope of the crime to intentionally making a false statement and displaying gross negligence in verifying a statement’s truthfulness before dissemination. The court said that disseminating a false statement cannot be considered libel or slander if there was a reasonable effort to verify its truthfulness.