This Week in Asian Law

August 20-26

China

China banned all aquatic products from Japan as Japan began releasing treated radioactive wastewater from the Fukushima Daiichi nuclear power plant into the Pacific Ocean, despite the UN International Atomic Energy Agency’s approval of the planned multi-decades release. Japan exported about $600 million worth of aquatic products to China in 2022, making it the biggest market for Japanese exports.  

The Ministry of Justice announced it has revised the Procedures for Handling Legal Aid Cases to optimize procedures for applying for legal aid and streamline the review process. The new procedures take effect Sept. 1. The ministry told a news conference that legal aid offices handled more than 1.37 million legal assistance cases and provided legal counseling for over 19.8 million people in 2022.

The Supreme People’s Procuratorate (SPP) released its 47th batch of guiding cases. The four cases focus on economic crimes such as corruption and embezzlement by financial sector employees. SPP officials told a press conference that 652 persons were indicted for this type of crime from January 2021 to July 2023.       

The People’s Bank of China (PBOC) and the Beijing People’s Procuratorate announced they are establishing a joint office to strengthen cooperation in investigating money laundering. The authorizing document, 《关于建立反洗钱检察人员轮值协查机制的工作意见》 , said that the office will be set up under the PBOC’s operations department and will faciliate collaboration in investigations and evidence gathering.

Hong Kong

The High Court has agreed to rehear the government’s arguments for a civil injunction against performing, publishing, or distributing the 2019 protest song “Glory to Hong Kong” with criminal intent. The court last month declined to issue the injunction, ruling that the government failed to show its necessity or added value. Hong Kong already has a law criminalizing insults to the Chinese national anthem, and a court convicted a man in July of violating that law by playing a recording of “Glory to Hong Kong” in a video clip posted on YouTube. The technology minister has said the injunction is partly meant to convince Google to delist the song from internet search results.

The Court of Final Appeal upheld the five-year prison sentence imposed on a student who pleaded guilty to inciting secession. The student had challenged the sentence, arguing that a guilty plea customarily triggers a one-third sentence reduction. The court said that Art. 21 of the National Security Law sets a mandatory minimum five-year prison term for “serious” offenses. The case was the first challenge to a sentence handed down in a national security case.

The government is painting over decades-old graffiti on the basis that it may violate the 2020 National Security Law, and warning businesses that failure to remove it may lead to legal consequences.

Hong Kong police have arrested six people for allegedly using deepfake technology to take out loans in other people’s names. Police say the suspects used eight stolen Hong Kong identity cards – all of which had already been reported as lost – to make 90 loan applications and 54 bank account registrations between September 2022 and July 2023.

Japan

The Supreme Court has decided to revise its bylaws to address the importance of preserving case records and establish a permanent committee to give advice on record keeping. It also will consider expanding the scope of case records that are transferred to the National Archives of Japan. The steps follow the release of a report in May on an investigation into the disposal of records from dozens of juvenile cases, including some of legal and historical importance.

Legislators from the ruling Liberal Democratic Party are considering revising special laws that govern the former state monopoly telecoms company, Nippon Telegraph and Telephone (NTT). The company wants to be released from a requirement to publicize the results of its telecommunications research. Although the government has reduced its stake in NTT to 34.25%, it still regulates the company more strictly than other telecoms companies, including capping foreign shareholding and imposing a universal service obligation. The LDP has proposed that the government sell its remaining shares in NTT to fund the defense budget.

Koreas

Prime Minister Han Duck-soo said the government will consider reinstating the system of allowing military conscripts to serve in the police force in response to a recent series of violent attacks on random members of the public. Cases producing public anxiety include the rape and murder of a woman hiker and two stabbing sprees in public places. Police have increased street patrols. Korean men are required to perform two years of military service, and until April they were allowed to choose to assist police officers.

Taiwan

A Japanese politician, Takahama City Assemblyman Masahiro Shibaguchi, and his Taiwanese partner registered their marriage at the Datong District Household Registration Office in Taipei. Taiwan legalized same-sex marriage in 2019 but initially restricted foreign spouses to persons from countries that also recognize same-sex marriage; it lifted that restriction in January 2023. Japan has not legalized same-sex marriage and marriage in Taiwan does not guarantee the couple any spousal benefits in Japan. 

Taiwan’s new Ministry of Environment officially began operations under its first minister, Shieu Fuh-sheng (薛富盛). A law promulgated in May ordered that the Environmental Protection Administration be upgraded to a ministry.