July 2-8
China
The Cyberspace Administration of China published draft regulations on the governance of violent information online and is accepting public comments through August 6, 2023. The draft regulations define online violent information as illegal and undesirable information targeting certain individuals. Examples includes insulting and abusive information, disinformation and slander, information that constitutes an invasion of privacy, and malicious speculation that seriously affects the physical or mental health of others. The draft regulations would hold network information service providers responsible for monitoring and dealing with such content and developing an account protection feature for victims.
The Supreme People’s Procuratorate released ten typical cases on the protection of wetland ecological environment through public interest administrative litigation. In nine cases, local procuratorates provided pre-litigation supervision; the tenth claim was directly filed by the prosecutorial organ against the responsible government departments.
A new draft patriotic education law recently submitted to the National People’s Congress Standing Committee is spurring spirited online debate, says the China Digital Times. The draft calls for Chinese media and online platforms to promote patriotic education, provides for punishing insulting or unpatriotic behavior, and includes guidelines for expanding patriotic education in Hong Kong, Macao, Taiwan, and overseas Chinese communities further afield.
Hong Kong
Hong Kong authorities issued arrest warrants for eight exiled activists, including former lawmakers Ted Hui and Dennis Kwok, and offered HK$1 million for information leading to their arrest. Police said that the eight violated national security by calling for sanctions against Hong Kong officials and “scheming for foreign countries to undermine Hong Kong’s status as a financial centre.” Chief Executive John Lee defended the action from criticism by the governments of the UK, US, and Australia.
The National Security Department of the Hong Kong police arrested five men on suspicion of supporting overseas dissidents and advocating for independence from China. Four men were arrested Wednesday and accused of “receiving funds … to support people who have fled overseas and continue to engage in activities that endanger national security.” A fifth man was arrested at the airport on Thursday. According to local media, all five had been members of the defunct pro-democracy party Demosisto and had connections to an online platform called “Punish Mee” that was allegedly used to provide financial aid to the eight wanted overseas activists.
Cheng Wing-chun, the first person to stand trial under Hong Kong’s national anthem law, was convicted for including protest music in a video that showed a local athlete celebrating his victory at the Tokyo Olympics. Cheng replaced the original music accompanying the footage, the Chinese national anthem, with “Glory to Hong Kong,” a song linked to the 2019 protests. It was the first ruling by a criminal court with respect to the song’s legality. The government has asked the High Court to issue a civil injunction permanently banning the song.
Japan
Yasuo Mori, a former operations executive on the Tokyo Olympics organizing committee, went on trial in Tokyo District Court and admitted to bid-rigging in connection with the 2021 Summer Games. According to the indictment, Mori colluded with others in 2018 to decide which companies would be awarded contracts to plan test events and run the actual tournaments. Meanwhile, in a separate trial, Tokyo District Court convicted Joji Matsui, the former head of Amuse consulting company, of receiving bribes from companies seeking sponsorships and licensing for the 2020 Games. Matsui was sentenced to two years in prison, suspended for four years.
The ASEAN-Japan Special Meeting of Justice Ministers opened in Tokyo on July 6, marking the first ministerial-level meeting on law and judicial matters between ASEAN member countries and a dialogue partner. The meeting adopted a joint statement committing to strengthen and promote shared values and foundational principles such as the rule of law, respect for human rights, national sovereignty and regional integration by enhancing cooperation in the field of law and justice between ASEAN and Japan.
Koreas
District courts have rejected applications by a government-affiliated foundation to pay compensation to South Korean victims of forced labor on behalf of the Japanese companies that the victims sued. In 2018, South Korea's Supreme Court ordered Japanese firms to compensate 15 former forced laborers or their surviving family members. In March, President Yoon Suk Yeol’s government announced a plan to compensate the victims through the foundation in an effort to mend ties with Japan. Four of the 15 victims rejected the plan, demanding direct contributions by the Japanese companies. The courts said that the recipients’ clear opposition means the foundation does not meet the requirements for making a third-party reimbursement under the Civil Code.
The Supreme Court revived charges brought against a former Army colonel who slapped a rank-and-file soldier in the face for not giving him a salute on a US military base in 2018. The former officer was found guilty at his first trial, but an appeals court dismissed the charge, agreeing with the defendant that the US military base is not subject to the Military Criminal Act. However, the Supreme Court overturned the appeals court decision and sent the case back to the Seoul High Court for retrial, saying it does not matter whether the violence took place on a military base for foreign troops or not, as long as it happened at a place used for the country's military operations.
Taiwan
Taiwan’s government is drafting a law to govern artificial intelligence (AI) and expects to have a draft as early as September, according to Vice Premier Cheng Wen-tsan (鄭文燦). The law will include privacy protections, data governance, risk controls, and ethical principles related to AI, and contain provisions to promote the compliance and legality of an AI industry and AI-applications. The draft would need to be approved by the Legislative Yuan.