April 21-27
China
The National People’s Congress Standing Committee approved a Tariff Law (关税法) that reiterates China’s right to retaliate if other countries impose tariffs on Chinese goods. The law is part of an ongoing effort to levy taxes by statutes rather than administrative regulations issued by the State Council. The draft was submitted to the Standing Committee in October 2023 and approved without the usual step of releasing the text for public comment.
The Ministry of State Security approved two regulations relating to its handling of national security cases, the Administrative Law Enforcement Procedures of the National Security Agencies (《国家安全机关行政执法程序规定》) and the Criminal Case Handling Procedures of the National Security Agencies (《国家安全机关办理刑事案件程序规定》). The normally secretive ministry also released the texts.
Relatives of 18 now-deceased Chinese “comfort women” - women forced to provide sexual services for Japan’s occupying army in China during the 1930s and 1940s - filed a civil lawsuit in Shanxi Provincial High People's Court seeking an apology and compensation. It was reported to be the first lawsuit of its kind filed in China. Former comfort women and surviving family members from China have unsuccessfully sued in Japanese courts.
In China’s first civil lawsuit over AI voice generation, the Beijing Internet Court sided with a plaintiff whose voice was replicated for use in online audiobooks without her consent. The plaintiff was a voice-over artist who had made numerous audio recordings, which a software developer processed using AI technology to generate new content. The court relied on China’s Civil Code, which for the first time said that personality rights include the rights to one’s own voice.
The Shanghai government ordered local hotels to stop requiring facial recognition to verify the identity of guests who have already presented legitimate identity documents when checking in. Hotels in other cities also began curbing the practice. China’s Personal Information Protection Law (2021) prohibits collecting sensitive personal information without “specific purposes and sufficient necessity.”
The China Securities Regulatory Commission announced measures to expand the access of investors in mainland China and Hong Kong to each other’s capital markets. Among other things, the measures widen the scope of offerings provided through the Stock Connect channel by relaxing eligibility criteria for exchange-traded funds and including real estate investment trusts and yuan-denominated stocks in the program.
Hong Kong
Seven defendants went on trial before a jury in the High Court on charges of plotting a terrorist attack on police during the 2019 protests. It is the first trial using the city’s United Nations (Anti-terrorism Measures) Ordinance. The prosecution alleges that the defendants stole chemicals from laboratories at Hong Kong Baptist University and City University of Hong Kong to make bombs to plant along the route of a protest march, then detonate when police approached, while a gunman would shoot at the police from a nearby building.
Hong Kong marked Earth Day by beginning the rollout of its ban on single-use plastics, affecting plastic tableware and a variety of other products. The government will focus on public education for six months before it begins to penalize non-compliant businesses. The Legislative Council passed the Product Eco-responsibility (Amendment) Bill in October 2023. The list of banned items may be expanded in 2025 depending on the availability and affordability of alternatives.
The government rejected criticism from the US State Department and European Union Parliament over its new domestic security law as well as arrests and prosecutions since 2020. The US 2023 Country Reports on Human Rights Practices said Hong Kong has serious problems regarding the independence of its judiciary, transnational repression of persons outside Hong Kong, and restrictions on free speech. Separately, an EU Parliament resolution said the new Safeguarding National Security Ordinance radically infringes basic freedoms and has had a significant impact on the work of the EU office in Hong Kong, consuls-general of its member states, and European citizens and companies. The Hong Kong government said the accusations are unfounded.
Japan
Four persons who said they were harmed by fraudulent investment ads on Facebook sued Facebook Japan in Kobo District Court. The plaintiffs are seeking 23 million yen ($148,000) in damages. The advertisements allegedly used the images of celebrities without their consent.
The Japan Fair Trade Commission said Google must change advertising search restrictions that allegedly hinder Yahoo Japan’s ability to compete in targeted search ads. Yahoo Japan Corp., which has since merged with the Japanese social media platform Line, began keyword-targeted search advertising services using Google’s technology in 2010.
Koreas
The South Korean Constitutional Court struck down an inheritance rule that has guaranteed siblings of the diseased a minimum share of the estate even when a will provides otherwise. Spouses, children, and parents are still guaranteed minimum shares, however. The court said that siblings do not contribute to the assets of the deceased.
Seoul police said they have been investigating 372 persons on allegations of violating the election law during recent legislative elections, including spreading false information and accepting bribes. Of the total, 17 persons have been referred to prosecutors for possible indictment and 31 have been cleared.
Police raided the office of the incoming leader of the Korean Medical Association and confiscated his mobile phone as part of an investigation into a two-month strike by most of the country’s junior doctors. The strikers oppose the government’s plan to sharply increase medical school admissions. The government said it was willing to modify its plan, but incoming KMA leader Lim Hyun-taek wants the plan to be scrapped.
Taiwan
The Constitutional Court heard oral arguments about the constitutionality of the death penalty. Lawyers representing 37 death row inmates opposed it while the Ministry of Justice Department of Prosecutorial Affairs and other experts argued in favor. Arguments included whether the death penalty is a cruel and unusual punishment, whether it actually deters crimes, and what might replace it. The court president said deliberations will take at least three months. The Nationalist Party (KMT) legislative caucus later held a news conference to express support for the death penalty.
The Constitutional Court ruled that the constitution allows defamation to be punished as a crime but the offense must be more clearly defined. The court considered 31 petitions for constitutional interpretation of Criminal Code Article 309, which criminalizes public insults. Twenty of the petitions were filed by judges seeking a clear definition. The court said that mere name-calling as part of an argument should not trigger punishment and that the environment, context, tone, and reason for the argument should be considered.
The Executive Yuan approved the Ministry of Health and Welfare's draft Regenerative Medicine Act (再生醫療法) and Regenerative Pharmaceuticals Act (再生醫療製劑條例). The two bills aim to ensure the safety and efficacy of regenerative medicine and protect the rights of patients with urgent medical needs to access advanced regenerative medical treatment. The bills go next to the Legislative Yuan.