This Week in Asian Law

March 24-30


China

China initiated a complaint at the World Trade Organization over a US program that provides tax credits to electrical vehicle buyers but excludes vehicles with inputs from China, Russia, North Korea, or Iran. China said that the program, created by the US Inflation Reduction Act, is discriminatory, distorts fair competition, and disrupts the global supply chain for new energy vehicles.

Developments this week in China’s ongoing effort to clean up professional soccer included:

  • Chen Xuyuan (陈戌), the former president of the Chinese Football Association, was sentenced to life in prison for helping fix matches and using his positions to commit financial crimes;

  • Li Yuyi, the association’s former vice-president, pleaded guilty to bribery;

  • Chen Yongliang (陈永), the association’s former vice-secretary general, was sentenced to 14 years for bribe taking;

  • Former coach of China’s national team and former Everton midfielder Li Tie (李铁) pleaded guilty to accepting more than $10 million in bribes;

  • Ma Chengquan, former chairman of the Chinese Super League Company (CSL), went on trial on charges of accepting bribes; and

  • Dong Zheng (董铮), former general manager of the CSL, was sentenced to eight years in prison for bribe taking.  

The former head of the National Athletics Association, Hong Chen (洪臣), also was sentenced to 13 years in prison for bribe taking. The cases were tried in separate courts.

The Supreme People’s Court and the Supreme People’s Procuratorate jointly issued eight typical criminal cases involving paying bribes to persons in the fields of social security, health care, personnel and the prison system. The bribe-payers received prison terms ranging from five to eleven years.

Hong Kong

Australia, Britain, and Taiwan urged their citizens to exercise caution when traveling to Hong Kong lest they inadvertently violate a new security law that has been criticized for breadth and vagueness. The Hong Kong government condemned such advice as scaremongering and insisted that its stipulations and penalties are clearly written.

Hong Kong Chief Executive John Lee said one effect of the new Safeguarding National Security Ordinance will be that persons imprisoned for national security crimes are unlikely to be given early release. Inmates generally may have their prison sentences reduced by up to one-third for good conduct. However, the new law provides that persons convicted of national security crimes may not be granted remission without approval from the commissioner of correctional services.  

Japan

The Cabinet approved a revision to its guidelines for selling defense equipment overseas, a move expected to help secure Japan’s role in a project to develop a new fighter jet together with Italy and the UK. Japan has long prohibited most arms exports under the country’s pacifist constitution. Under the new guidelines, Japan may sell the co-produced fighter jets to countries other than the production partners.

Same-sex couples asked the Supreme Court to review a Sapporo High Court ruling that declared the lack of legal recognition for same-sex marriage unconstitutional but dismissed their request for 6 million yen ($39,700) in damages. Since 2019, six courts have found constitutional problems with the government’s failure to provide for same-sex marriage, but the ruling Liberal Democratic Party has declined to take action.

The Supreme Court ruled that same-sex partners are eligible to receive survivor benefits under a government program that compensates the survivors of crime victims. The Nagoya District Court and Nagoya High Court previously both ruled against the plaintiff, who applied for benefits after his partner was killed in 2014. The law allows persons in a “de facto marital relationship” with crime victims to receive compensation, without specifying if same-sex couples are included. The Supreme Court sent the case back to the Nagoya High Court for re-trial.

The Tokyo District Court ordered the religious group formerly known as the Unification Church to pay a fine for not answering inquires from the Ministry of Education and Culture. The ministry questioned the group repeatedly on more than 500 points as part of an investigation into its marketing and solicitation practices. The ministry asked the court to fine the group after it refused to answer more than 100 questions. The same court is considering the ministry’s request to disband the religious group.

The Fukui District Court rejected local resident’s petitions to suspend the operations of aging nuclear reactors at two Kansai Electric Power Plants. The residents allege that safety measures for evacuation are inadequate. The court said they failed to identify specific threats that may prompt evacuation.  The reactors in question began operations between 1974 and 1985.

Koreas

South Korean medical professors said they will reduce the hours they spend in practice to express support for junior doctors who have been on strike since February 20. The president of the Medical Professors Association, Kim Chang-soo, said the government’s decision to increase medical school admissions - the trigger for the strike - will hurt both medical education and the health-care system. The government argues that the country needs more doctors.

The Sentencing Commission of the South Korean Supreme Court finalized new sentencing guidelines that raise the maximum recommended sentences for leaking state-designated key technologies overseas, stalking crimes, and drug crimes. The new guidelines take effect July 1.

The Seoul District Court rejected a bail application from former Democratic Party leader Song Young-gil, who is on trial on charges of attempting to buy votes during the party’s 2021 leadership election. Song founded a new party while in jail and sought bail so he could campaign ahead of the April 10 general election. The court said that if released, Song could meet with other party members and destroy evidence.

Taiwan

Former President Ma Ying-jeou (馬英九) is planning a second visit to mainland China with a delegation of Taiwanese students from April 1 to April 11. Ma made a similar visit a year ago, becoming the first former president of Taiwan to visit the mainland. Ma’s presidency from 2008-2016 was marked by efforts to ease cross-Straits relations, including meeting with Chinese leader Xi Jinping in Singapore in 2015, the first meeting of leaders of the Kuomintang and Communist parties since the end of their civil war in 1949.

Minister of Digital Affairs Audrey Tang told lawmakers that the social media platform TikTok has been designated a dangerous product. She said the Cabinet will decide whether it should be banned at schools, non-governmental agencies, and public spaces. TikTok is already banned for use in government agencies and on their premises.