November 12-18
China
The Supreme People’s Procuratorate (SPP), the Ministry of Housing and Urban-Rural Development, and the China Disabled Persons’ Federation jointly released 12 typical cases on the construction of a barrier-free environment. The SPP reported that from 2019 to September 2023, procuratorates handled a total of 7,526 public interest litigation cases related to accessibility in construction, of which 919 cases were closed in pre-litigation consultations and 73 lawsuits were filed. China passed a new law on building a barrier-free living environment in June and it took effect on September 1, 2023.
The Ministry of Public Security invited public comment on draft punishment measures for telecom fraud perpetrators, one day after Chinese police offered a cash reward for information related to four alleged telecom fraud ringleaders in Myanmar. The draft measures consist of 19 articles, which clarify the responsibility of financial regulators and the Ministry of Industry and Information Technology. Public comments may be submitted until December 12, 2023.
Hong Kong
A lawyer, Jimmy Siu, has asked the High Court to issue an order for the arrests of five US senators and congressmen who introduced a bill to promote sanctions against 49 Hong Kong judges, prosecutors, and government officials. Siu accused the five of perverting the course of justice and contempt of court by attempting to put pressure on Hong Kong courts.
The University of Hong Kong law faculty canceled a scheduled talk by UK lawyer Timothy Owen, who has been barred from representing former Apple Daily publisher Jimmy Lai at his national security trial. The talk was scheduled for November 17 and was titled “Judges, Democracy, and Criminal Law.” In cancelling the talk, the university blamed “unforeseen circumstances.” Owen was expected to discuss growing threats to judicial independence and the rule of law in Hong Kong.
Two Hong Kong students have sued their respective secondary schools for banning male students from having long hair. One of the plaintiffs was reportedly told that he faced being barred from school activities or suspended if he did not cut his hair; the other reportedly was barred from attending class in person. Both students had complained to the Equal Opportunities Commission, which said it did not find the schools had violated any laws or caused “actual loss” to the students.
Japan
Japan urged China to release a Japanese man recently sentenced to 12 years in prison on espionage charges. Chief Cabinet Secretary Hirokazu Matsuno told reporters that the sentence was finalized on Nov. 3 by the Hunan High Court. He said the man, in his 50s, was detained in July 2019. Japan says at least 17 Japanese citizens have been detained in China since 2015 and five remain in custody. The recent formal arrest of a prominent Japanese businessman employed by Astellas Pharma, who has been detained on espionage charges since March, has had a chilling effect on Japanese business travel to China.
Human Rights Watch issued a report criticizing the treatment of women imprisoned in Japan. Problems highlighted include mistreatment during pregnancy, separation of mothers from newborns, inadequate access to health care, arbitrary and prolonged use of solitary confinement, and verbal abuse by prison guards. The organization called for including better access to health care, reduced use of solitary confinement, alternatives to imprisonment especially for non-violent crimes such as shoplifting, and decriminalization of simple possession and use of drugs.
Japan’s lower house passed a bill to legalize drugs made from cannabis. The bill would also close a loophole in the current law, which bans the possession, trade and cultivation of cannabis plants and products, but does not contain a specific reference to their use. The proposed revisions would add cannabis to the Narcotics and Psychotropics Control Law, violations of which are punishable by up to seven years in prison.
Koreas
Six business organizations asked South Korean President Yoon Suk Yeol to veto legislation approved by the National Assembly that guarantees the bargaining rights of subcontracted workers and limits employer actions to suppress their strikes. South Korea has a split government, with the presidency held by the conservative People Power Party and the legislature controlled by the Democratic Party.
The Supreme Court’s sentencing commission is drafting new sentencing guidelines that, among other things, would increase the punishment for stalking crimes, which have been on the rise. Stalking crimes committed while carrying a weapon would be punishable by prison terms of up to five years. The guidelines will be finalized next year after public hearings are held.
Taiwan
The Taipei District Prosecutor’s Office has dismissed a criminal complaint against Elon Musk that alleged he broke Taiwan’s laws by inducing others to smoke marijuana. The complaint was filed by lawyer Zoe Lee, chair of the Green Party, in order to highlight the absurdity of a Ministry of Justice press release saying that persons who make videos of themselves smoking pot in countries where marijuana is legal are liable to criminal charges in Taiwan. Musk smoked marijuana during an interview shown online in 2018.
Taiwan's two main opposition parties, the Kuomintang (KMT) and Taiwan People’s Party (TPP), agreed to put forward a unified ticket in the January 2024 election for president and vice president. They did not immediately say which party would head the ticket, but it is believed that the KMT’s Hou Yu-ih will be the presidential candidate and the TPP’s Ke Wen-je will be the vice presidential candidate. Meanwhile, the Central Election Commission said Foxconn founder and former CEO Terry Gou had submitted enough signatures to be on the ballot as an independent.