This Week in Asian Law

June 25 - July 1

China

The Standing Committee of the National People's Congress (NPC) approved a Foreign Relations Law (对外关系法) intended as its latest response to US and other foreign sanctions. Senior Chinese diplomat Wang Yi said the law expresses China’s opposition to “hegemonism, power politics, unilateralism, protectionism, and bullying.” The law says that China has the right to take necessary countermeasures against acts that violate international law and the basic norms governing international relations and endanger China's sovereignty, security and development interests.

The NPC Standing Committee approved the establishment of a new Deputies Work Commission (代表工作委员) that will be responsible for reviewing deputies’ qualifications, allocating quotas that apply to deputies, and providing liaison services. 

The Standing Committee also passed the Law on the Construction of a Barrier-Free Environment (无障碍环境建设法), completed the first reading of the draft Law on Patriotic Education (爱国主义教育法), and ratified the Ninth Additional Protocol to the Constitution of the Universal Postal Union and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft.  

The Supreme People’s Court released 10 typical drug-related cases to mark the International Day Against Drug Abuse and Illicit Trafficking. Court officials told a press conference that 37,282 drug-related criminal cases were adjudicated nationwide in 2022, down 73% from a peak in 2015. However, new types of drug cases have been increasing and more drug transactions have been completed through the internet without physical contact. 

A well-known lawyer, Zhou Litai (周立太), filed a civil suit against a court in Lanzhou City seeking compensation for his travel and lodging costs after the court canceled a scheduled hearing while Zhou was on a train to Lanzhou, about 830 miles from his office in Chongqing. Although abrupt changes in court hearing schedules are not unusual, this is the first such lawsuit against a court. The court did not immediately accept the case. However, the deputy president of the court flew to Chongqing to apologize to Zhou.

Hong Kong

In closing arguments in the sedition conspiracy trial against the digital news organization Stand News and two former editors, prosecutors argued that there was no need to prove the editors’ seditious intent. Lead prosecutor Laura Ng said that because of Stand News’ public influence, it should be enough to show that seditious content was published and that the editors knew it was seditious. Ng also argued that news materials should be deemed “seditious” if they stir up public dissatisfaction against the government. Defense counsel Audrey Eu said the bar should be set higher. The court said it would hand down a verdict in October.

The Hong Kong government has proposed to amend the University of Hong Kong ordinance to allow the university to discipline and even expel students for “conduct considered to be bringing the university into disrepute.” The proposal is controversial because it does not define what conduct could put a student at risk of expulsion.

Hong Kong teachers asked for greater freedom to organize patriotic education activities as China’s legislature considers a Law on Patriotic Education that is expected to have effect in Hong Kong. The honorary chairman of the Hong Kong Aided Primary School Heads Association said city schools should be allowed more leeway because of the historical differences between Hong Kong and the mainland in the delivery of patriotic education.

The Court of Final Appeal heard LGBTQ activist Jimmy Sham’s appeal for legal recognition of overseas same-sex marriages. Sham first asked for a judicial review five years ago seeking a declaration that the Hong Kong’s laws, which don’t recognize foreign same-sex marriages, violate his right to equality under the Bill of Rights and Basic Law. Lower courts dismissed his claim. Sham, convenor of the now-disbanded protest group the Civil Human Rights Front and one of the 47 democratic politicians charged with violating the National Security Law, married his partner in New York in 2013.

Japan

The Utsunomiya District Court ordered the Tochigi Prefectural Government and a high school athletic federation to pay ¥290 million (USD$2 million) in damages to the families of five people killed in an avalanche during a mountaineering course in 2017. However, the court relieved the course’s teachers of damage claims because the State Redress Law says municipalities should cover damage claims against public servants. The teachers are being tried separately on charges of professional negligence resulting in death and injury.

Koreas

The Ministry of Justice made it harder for foreigners to obtain permanent residency in South Korea through financial investment. The minimum size of investment was raised from 300 million won (USD$227,778) to 1.5 billion won (USD$1,138,891) for conditional permanent residency and from 1.5 billion won (USD$1,138,891) to 3 billion won (USD$2,277,783) for immediate permanent residency. The ministry said it would no longer accept retiree investors because the cost of providing them with welfare services would exceed the gains from their investment. 

The Supreme Court confirmed the acquittal of ousted President Park Geun-hye’s former chief of staff on charges of falsifying a public document in connection with the 2014 Sewol ferry accident, in which more than 300 people died. Kim Ki-choon had been accused of falsifying the time President Park was briefed on the accident in order to fend off criticism of the government’s response.

The Ministry of Gender Equality and Family said that despite the recent change in how Koreans calculate their ages, the legal age to drink alcohol and buy tobacco will continue to be calculated using the traditional method. That is, persons can buy alcohol or tobacco beginning from Jan. 1 of the year in which they will pass their 19th birthday. Traditionally, babies were considered one at birth and everyone gained a year in age on Jan. 1. But as of June 28, for most purposes, Koreans will be “0” at birth and gain a year in age only on their birthdays.

Taiwan

Minister of Foreign Affairs Joseph Wu (吳釗燮) said the government is considering lengthening the duration of work visas for Filipino workers and opening a path for them to gain permanent residency. The number of migrant workers in Taiwan has grown steadily in recent years to make up for labor shortages in certain sectors including construction, agriculture, and domestic care.

A police investigation has failed to shed light on why children at a private preschool in New Taipei City were given cough syrups containing phenobarbital and benzodiazepines. The kindergarten was shut down and its directors were fined. Hundreds joined a recent demonstration calling for greater transparency from the police investigators.

New laws or regulations that take effect on July 1 include a ban on the use of polyvinylchloride or PVC packaging by online retailers; the amended Equalization of Land Rights Act (平均地權條例) prohibiting reselling or transfer of purchase agreements for pre-sale or newly constructed residential units to third parties; and adjustments to co-payments for emergency care and prescription drugs covered by National Health Insurance.