This Week in Asian Law

September 17-23


China

A social activist and an independent journalist who was instrumental in launching #MeToo in China went on trial at the Guangzhou Intermediate People’s Court on the charge of inciting subversion of state power. Wang Jianbing and Huang Xueqin have been detained since their arrest two years ago. Diplomats from seven Western countries including the United States, Britain, Germany, France, and the Netherlands attempted to attend the trial as observers, but were not allowed into the building. The court adjourned without announcing a verdict.

The State Council approved Regulations on the Protection of Minors on the Internet (未成年人网络保护条例). According to a draft released in March 2022, smart device providers and app providers are held responsible along with parents for protecting minors from internet addiction and exposure to age-inappropriate information. The final text was not immediately published.

The State Council also approved a Special Action Plan to Clear Business Debts (清理拖欠企业账款专项行动方案), addressing the chains of outstanding debt among local governments, state-owned companies, and private companies. The plan requires provincial governments to take responsibility for cleaning up local debts.  

The National Supervision Commission, the Supreme People’s Procuratorate (SPP), and the Ministry of Public Security jointly released an opinion on enhancing anti-money laundering cooperation in corruption and bribery cases (关于在办理贪污贿赂犯罪案件中加强反洗钱协作配合的意见). The document clarified the responsibilities of the three entities and how cases should be transferred among them when a corruption case investigated by a local supervision commission leads to suspicion of money laundering. 

A man who was wrongfully convicted of murder and incarcerated for 29 years from 1993 to 2022 received 7.87 million RMB (US$1.08 million) in state compensation. The Tan Xiuyi (谭修义) case was included in this year’s annual work report of the Supreme People’s Procuratorate to illustrate its efforts to prevent and redress miscarriage of justice. Prosecutors, who have the power to approve or reject police requests to arrest criminal suspects, rejected 818,000 such requests during 2018-2022 and decided not to prosecute 211,000 defendants, increases of 30% and 69%, respectively, over the prior five years.   

The Data Security Work Commission of the China Cybersecurity Industry Alliance (中国网络安全产业联盟), a national not-for-profit organization, published 50 cases about corporate social responsibility in protecting data security and personal information on China’s Personal Information Protection Day, September 17. Although not legally binding, the alliance’s decisions and guidance are voluntarily followed by its corporate members.

China is expected to decide soon whether to formally arrest a Japanese businessman detained since March on suspicion of espionage. The Chinese government recently informed Tokyo that a Japanese national was in criminal detention. The man is an employee of Astellas Pharma Inc. and Japanese media reports have said he worked in China for more than 20 years. Japan's Prime Minister Fumio Kishida has demanded his release.

Hong Kong

A 46-year-old man was accused of sedition and denied bail for allegedly publishing 49 offensive statements on LIHKG, a Reddit-like online forum. Prosecutors said he asked for international sanctions against Beijing and Hong Kong and called for violence towards government officials.

A district court judge sentenced five men and a woman to prison for participating in a riot near the Yau Ma Tei subway station on November 18, 2019, during one of the most violent clashes of the 2019 anti-government protests. Police arrested 213 persons from that clash, of whom 165 have been convicted so far.

The head of the Hong Kong Consumer Council apologized following a cyberattack on the council’s systems, in which unknown hackers threatened to leak the personal data of more than 8,000 people unless ransom is paid. Council Chairman Clement Chan Kam-wing said the hackers were demanding US $500,000, but that the council would not pay.

Japan

Japan’s Children and Family Agency published a report about its ongoing efforts to initiate mandatory background checks for adults who work closely with children. One model that has been studied is Britain's Disclosure and Barring Services (DBS). The plan outlined in the agency report would apply only to teachers in schools and nurseries, leaving out volunteers, non-teaching staff, and adults who work on sports teams and in other non-school settings.

Koreas

The National Assembly voted to lift opposition leader Lee Jae-mung’s immunity to arrest. The head of the Democratic Party is under investigation for alleged corruption. The vote will allow a court to hear a request from prosecutors for an arrest warrant for Lee. Lee is hospitalized due to a weeks-long hunger strike staged in protest against President Yoon Suk Yeol’s domestic and foreign policies.

The South Korean government announced a series of measures to assist young people living in social isolation, including mental health support, programs to help them form relationships with others, employment preparation, and co-housing programs. Socially isolated people are those who do not have meaningful interactions with others, except family, for more than six months. The Korean Institute for Care and Social Support estimates there are 538,000 socially marginalized youth in the country. Social isolation is suspected to have been a factor in a recent brutal rape-murder case.

South Korean police charged 17 American soldiers and five other people with using and distributing synthetic marijuana. The drug was brought into South Korea through the US military's postal office. It is reportedly the largest drug abuse investigation involving US soldiers in recent years.

The South Korean National Assembly passed four “teachers’ rights restoration bills” intended to protect teachers against unfounded accusations by parents and unruly behavior by students. Among other things, teachers will no longer be automatically suspended if they are accused of child abuse. The legislature acted after weeks of teacher protests sparked by several teacher suicides said to be linked to malicious complaints from parents. 

Taiwan

The Executive Yuan approved a national minimum wage bill that will use the consumer price index as a reference for adjusting minimum pay. A committee composed of representatives of employees, employers, government, scholars, and experts is to be formed to develop a minimum wage adjustment plan. The bill now goes to the legislature for approval.

The Executive Yuan approved amendments to three laws, which also require legislative approval:

  • Draft amendments to the House Tax Act raising the house tax on households owning vacant residential properties from 1.5%-3.6% to 2.0%-4.8%, part of an effort to curb speculation in property;

  • Draft amendments to the Nationality Act that ease residency requirements for foreign professionals who apply for naturalization and allow social welfare government agencies to apply for naturalization on behalf of stateless children residing in Taiwan; and

  • An amendment to the Domestic Violence Prevention Act allowing restraining and detention orders to be issued not only against a family member, but against a person with an intimate relationship. The amendment also will require online platform service providers to limit access to or remove sexual images of a domestic violence victim disseminated without their permission.

The Taichung court sentenced two traditional Chinese medicine practitioners and the head of a medicine supply company to prison terms ranging from 6 to 7.5 years for violating the Physicians Act. Prosecutors said that prescriptions given by the practitioners contained excessive levels of lead and mercury. Thirty-eight persons were diagnosed with lead poisoning. The case gained attention when a former local politician and his family were hospitalized after taking a prescription.