This Week in Asian Law

July 30-August 5


China

The Cyberspace Administration of China proposed restricting minors’ access to the internet on their phones to two hours a day. It released a draft document for public comment that would require smart device providers to install “minor mode” programs to curb cellphone internet usage. China already restricts minors from playing video games more than three hours a week, and some apps offer a “teenage mode” that restricts the users' access to content and duration of use.

The Ministry of State Security urged the public to help implement the newly revised anti-espionage law. The ministry said in a WeChat post that espionage “requires not only security agencies to play the role of special anti-espionage organs, but also the broad participation of the people and their joint prevention.” The revised anti-espionage law expands the definition of spying and gives law enforcement agencies greater investigative powers to inspect electronic equipment and digital devices.

A former vice president of the Supreme People’s Court, Shen Deyong, was convicted of taking bribes and sentenced to 15 years in prison and a fine of RMB 6 million ($836,173). Shen was vice president from 1998-2006 and again from 2008-2018. He gained prominence as head of the Communist Party’s anti-corruption committee in Shanghai in 2006, when he oversaw the high-profile corruption case of former Shanghai Mayor Chen Liangyu. Shen pleaded guilty as his trial in May.

The Communist Party of China and State Council issued a joint document ordering leading cadres to study and apply party rules and state laws, beginning with Xi Jinping Thought on the rule of law. The document also lists specific documents for study including the party charter, state constitution, national security laws, laws promoting high-quality development, the civil code, the criminal law, administrative laws, and laws concerning administrative discipline for public officials.

The former head coach of the Chinese national men's soccer team, Li Tie, was formally charged with offering and accepting bribes after months of investigation by the General Administration of Sport and authorities in Hubei Province. Li, who had also been a star player and assistant coach, was head coach in 2020-2021. His case is part of a larger investigation into corruption in soccer.

Hong Kong

Hong Kong's stock exchange will no longer require companies to set out their China-related risks in listing applications beginning August 1. Issuers were previously required to summarize risks related to mainland China’s “relevant laws and regulations,” “political structure and economic environment,”and “foreign exchange controls and exchange rate risk” as well as other specific risks of doing business in China. According to a consultation conclusion paper published on July 21, an entire section focusing on China risks has been repealed. Hong Kong Exchanges and Clearing Ltd. said there was “no roll back” in the level of scrutiny.

The High Court ordered former Apple Daily publisher Jimmy Lai to cover the government’s legal costs from two failed efforts to be represented by a British barrister at his upcoming national security trial. Hong Kong courts originally ruled that Lai could be represented by Timothy Owen, but reversed their position after China’s National People’s Congress Standing Committee issued an interpretation of Hong Kong’s National Security Law and the Hong Kong National Security Committee said Owen’s participation was contrary to national security interests. The High Court agreed with the Justice Department that Lai’s challenges to the committee’s decision were “unreasonable.”

Japan

Members of the UN Working Group on Business and Human Right said their first-ever investigations in Japan exposed "deeply alarming" allegations of sexual exploitation and abuse involving hundreds of performers at Japan's top male talent agency, Johnny & Associates Inc. At a press conference, the group called on the government to ensure a transparent investigation and remedies for victims. The working group’s full report is scheduled to be submitted to the Human Rights Council in June 2024.

Koreas

The US State Department said Korea is non-compliant with the 1980 Hague Convention on the Civil Aspects of International Child Abduction in cases involving US children. In a report published Monday, the State Department said Korean law enforcement authorities regularly fail to enforce return orders in cases of cross-border parental child abduction - when one parent or guardian removes or keeps a child outside their country of habitual residence. South Korea ratified the convention in 2012.

The government and ruling People Power Party said they will seek to amend the criminal law to create a new sentence, life imprisonment without parole, for violent crimes and acts of terrorism against strangers such as occurred in Seongnam on Thursday. A man in his 20s drove a car onto a pedestrian walkway, injuring five people, then stabbed nine people in a department store before being arrested. Currently, persons sentenced to life in prison are eligible for parole after 20 years. Korea has not executed anyone since 1997 but still has the death penalty, and judges sometimes use it as a substitute for life in prison, as persons sentenced to death - while not being executed - cannot be released on parole.

Twelve unlicensed tattoo artists based in the southwestern city of Gwangju were indicted for inking gang-style tattoos on more than 2,000 people, including 32 minors. South Korean law classifies tattooing as a medical practice that requires a medical license. Unlicensed tattooists can face at least two years in prison and up to 10 million won ($7,600) in fines.

The US has extradited to South Korea a businessman whose family company operated a ferry that sank off South Korea in 2014, killing more than 300 people. South Korean prosecutors had for years sought Yoo Hyuk-kee’s return to face seven charges of embezzlement. Prosecutors say that members of the Yoo family embezzled $169 million from a family-run church and companies related to their business empire. Prosecutors have not claimed that the alleged acts of embezzlement directly contributed to the ferry disaster.

Taiwan

Taiwan’s legislature amended three laws that respectively address sexual harassment and gender equality in the workplace, in schools, and in other domains. The revisions include more severe penalties and longer periods for victims to report an incident to authorities. The amendments come in response to a recent surge in accusations of sexual harassment and violence, including by political figures in both major parties.

The Constitutional Court ruled that corroborated statements given to prosecutors or judicial police by absent witnesses are admissible as evidence. The court issued the ruling in response to a request for an interpretation filed by five people last year, including two death row inmates. The petitioners had objected that admitting such evidence deprives defendants of their right of confrontation.

The Taoyuan Flight Attendants’ Union petitioned the National Human Rights Commission to change female attendants’ dress code and appearance requirements. Taiwan’s three major airlines all require female flight attendants to wear pencil skirts, high heels, and stockings when on duty, which could hamper their ability to respond in an emergency, said Lin Yu-chia, the union’s executive director. She said female attendants also face discrimination at work after returning from maternity leave.