January 15-21
China
A senior Chinese anti-corruption official wrote in the state-run People's Daily that new legislation is planned to restrict the business activities of current and former civil servants. The legislation is expected to be more comprehensive than existing regulations, and is part of a long-running campaign under Communist Party General Secretary Xi Jinping to curb corruption.
The Central Committee of the Chinese Communist Party issued a new regulation governing the procedures for imposing disciplinary sanctions on party members. It replaced regulations issued in 1983 and 1987. (In Chinese)
The National People’s Congress (NPC) Standing Committee reviewed a draft of the Rural Collective Economic Organizations Law and published it for public comment through January 28.
In 2022, the NPC and its Standing Committee enacted six new laws, approved major amendments to nine laws and adopted seven quasi-legislative decisions. The Standing Committee also issued an interpretation of Hong Kong's National Security Law. Click here to review NPC’s legislative work in 2022.
Hong Kong
Hong Kong Chief Executive John Lee Ka-chiu said new legislation will be passed “hopefully this year or next year at the latest” to implement Article 23 of the Basic Law. Article 23 requires the Hong Kong government to enact laws to prohibit treason, secession, sedition or subversion against the central government. Lee said the law will enable Hong Kong to manage organizations deemed a threat to the nation and deter foreign agencies from disguising themselves as institutions or “so-called seminars.”
Beijing’s recent interpretation of the National Security Law was a major theme of speeches at the Ceremonial Opening of the Legal Year 2023. The National People’s Congress Standing Committee ruled that the Hong Kong government - not its courts - has the power to decide whether foreign lawyers may participate in national security cases. Chief Justice Andrew Cheung said that while the courts must fully exercise their powers under the law, it is equally important that they do not usurp the legal functions of other government branches. Victor Dawes, chairperson of the Hong Kong Bar Association, urged the government to exercise caution when using its powers because of the impact on the right to a fair trial.
Retired Australian High Court Justice Patrick Keane has been appointed to serve as a non-permanent justice on Hong Kong’s Court of Final Appeal. The appointment by Chief Executive John Lee Ka-chiu awaits final approval by the Legislative Council. Two British judges resigned from the court last March, expressing concern over the National Security Law.
Hong Kong’s national security police arrested six persons and accused them of publishing and selling a seditious book about the 2019 protests and other products that glorify violence and oppose the government. Police said the six were members of an anti-government organization. Alan Keung Ka-wai, the founder of independent news outlet Free HK Media, was reported to be among them.
The Law Reform Commission recommended that courts be empowered to more flexibly decide damage awards to accident victims who suffer permanent disabilities. Instead of awarding a single lump-sum payment, the commission suggested that courts be allowed to award periodic payments that could fluctuate based on need and be indexed to inflation.
A survey has found that women in Hong Kong's legal sector face systemic gender bias at all levels. Half of the female respondents said they have been treated less favorably, including being ignored, interrupted, undermined, left out of career-building opportunities, and had their competence and commitment questioned. The survey, which drew responses from more than 360 women and men currently or formerly working in the sector, was organized by Mayer Brown and Women In Law Hong Kong.
Japan
The Tokyo High Court upheld the acquittal of three former Tokyo Electric Power Co. executives of criminal negligence in the 2011 meltdown at the Fukushima No. 1 nuclear power plant. The trial focused on whether the massive tsunami that hit the plant could have been anticipated and whether the nuclear accident could have been prevented. The court affirmed the Tokyo District Court’s 2019 decision that shutting down the plant was the only way to prevent the accident, and the defendants had no legal obligation to do that.
The government is considering legislation that would facilitate linking more personal bank accounts to the holders’ government ID number. Japanese citizens and foreign residents are issued a 12-digit number for social security and tax purposes. The government has tried using rewards to encourage people to link these numbers to their bank accounts. Now it is proposing a measure that would make the linkage the default, and require account holders to opt out if they oppose it.
The Ministry of Labor and Welfare is raising the mandatory minimum number of people with disabilities employed by private businesses from the current 2.3 percent to 2.7 percent in about three years. The move is aimed at providing more job opportunities for people with disabilities. The quota for state and local governments will be raised to 3 percent in 2026. Fewer than half of businesses have met the current minimum.
Koreas
The government is considering amending the Civil Code to recognize a universal right of all individuals to use their own portrait, name, voice and other personal identity marks for profit (the right of publicity). The amendment would allow persons to seek compensation for quantifiable economic damages suffered as a result of unauthorized use of his or her personal identity mark by a third party. The draft amendment is at an early stage.
North Korea's Supreme People’s Assembly met in its annual plenary session and passed a law to protect the language from foreign influence. The government has been trying to discourage use of South Korean slang. It was not clear how the law will be enforced. The session also heard reports reviewing 2022 spending and the 2023 budget. The government reported a small 2022 budget surplus.
Taiwan
The Ministry of the Interior announced in a letter to the Department of Household Registration that restrictions on transnational gay marriages will be lifted. The change is expected to be implemented after the Lunar New Year. Taiwan legalized gay marriage in 2019, but foreign spouses were limited to those from countries that had also legalized gay marriage. According to the ministry’s letter, cross-border gay marriages will now be governed by Article 8 of the Law Governing the Choice of Law in Civil Matters Involving Foreign Elements.