July 21-27
China
The State Council released detailed rules for implementing the Law on Guarding State Secrets, which underwent a major revision earlier this year. The Regulations on Implementing the Protection of State Secrets (保守国家秘密实施条例) address the dozen-plus new provisions in the revised law, including how top-level state secrets must be handled. Communist Party and government departments will be required to create specialized offices to handle state secrets, with specially trained staff who will be banned from traveling abroad.
The Supreme People’s Court (SPC), the Supreme People’s Procuratorate (SPP), and the Ministry of Public Security jointly issued a document addressing the prosecution of cross-boarder telecom scams (关于办理跨境电信网络诈骗等刑事案件适用法律若干问题的意见), which have surged in recent years. The SPP also publicized ten typical cross-boarder telecom scam cases that illustrate the new features of this type of crime, including use of AI, block chains, and virtual currency to facilitate criminal activities.
The Supreme People’s Procuratorate released administrative rules for holding prosecutors accountable for misconduct (关于人民检察院全面准确落实司法责任制的若干意见 and 人民检察院司法责任追究条例). Both sets of rules are revisions of previous regulations that offer more details with respect to procedures and the scope of legal liability, among other things. According to the SPP, more than 280 prosecutors have been held accountable for intentional or grossly negligent misconduct since 2020.
The Supreme People’s Procuratorate released regulations for recruiting, training, and managing prosecutors’ assistants and promoting them to the rank of prosecutor (关于进一步加强人民检察院检察官助理管理工作的意见).
Hong Kong
A lawyer for former Apple Daily publisher Jimmy Lai said that Lai will testify in his own defense against charges of colluding with foreign forces to endanger national security and conspiring with others to publish seditious works. Prosecutors say Lai encouraged foreign countries, especially the US, to take actions against China under the disguise of “fighting for freedom and democracy.” After the prosecution finished presenting its case, Lai’s attorneys asked the court to dismiss the charges for insufficient evidence, but the court declined. The trial, which has lasted over 90 days, was adjourned until November 20.
The High Court sentenced three persons to prison terms of up to six years and eight months for manipulating the shares of the investment company Ching Lee Holdings after it listed on the Hong Kong Stock Exchange in 2016. The prosecution said the trio earned more than HK$124 million ($15,884,561.2) in illicit profits. One of the judges in the case said it involved sophisticated planning and cross-border criminal activities that may damage the city’s reputation as a financial center.
The Kowloon City Magistrates’ Court convicted a man of insulting the Chinese anthem for covering his ears when it was played at an international volleyball game, and sentenced him to two years in prison. The city criminalized insulting China’s national anthem in 2020.
The District Court gave five-year prison sentences to two men convicted of rioting in Yau Ma Tei on November 18, 2019 at the peak of that year’s prolonged anti-government protests. The riots, during which protesters lit fires and blocked roads, were a response to police entering the nearby campus of Hong Kong Polytechnic University and making arrests.
Japan
The Russian government said it is permanently banning 13 Japanese citizens, including Toyota Chair Akio Toyoda, Rakuten Group Inc. CEO Hiroshi Mikitani, and Japan International Cooperation Agency President Akihiko Tanaka, from entering Russia in retaliation for Japan’s sanctions over the Russian invasion of Ukraine. Moscow previously announced entry bans on hundreds of Japanese lawmakers including Prime Minister Fumio Kishida and some of his predecessors. No reason was given for selecting these 13 persons. The Japanese government issued an immediate protest.
Osaka police arrested 90 people after raiding four buildings occupied by a syndicate suspected of running an investment scam on social media. Around 470 officers participated and seized 1,600 smartphones and 60 computers. The syndicate allegedly offered fraudulent investment opportunities.
Koreas
The South Korean Supreme Court finalized a decision to hold a new trial for the late composer Yun Isang, who was convicted of carrying out pro-North Korean activities in 1968. The court based its decision in part on illegalities in how Yun was detained. He had been living in Germany and was lured to the South Korean Embassy, where he was taken into custody and repatriated. Yun was among about 200 Korean artists and students living in Europe who were accused of espionage by the government of then-President Park Chung-hee.
U.S. prosecutors indicated a North Korean military intelligence operative on charges of conspiring to hack American health providers, U.S. military bases, NASA, and defense and energy companies in China, Taiwan, and South Korea to steal sensitive information and install ransom software. Rim Jong Hyok, said to belong to the Andariel Unit of North Korea’s Reconnaissance General Bureau, allegedly obtained both data and money from ransomware attacks, which he laundered through Chinese banks and used to buy computer servers. Rim is believed to be in North Korea.
The South Korean Anti-Corruption and Civil Rights Commission raised its cap on the prices of meals that certain public officials, journalists, and private school staff are allowed to accept for free. Under the Improper Solicitation and Graft Act, these groups have been barred since 2016 from accepting meals worth more than 30,000 won ($21.61) per person. The commission lifted the cap to 50,000 won ($36.11) to reflect price increases.
The Seoul Central District Court ordered the chairman of the bakery giant SPC Group, Hur Young-in, to remain in custody as he awaits trial on charges of unfair labor practices. Prosecutors allege that Hur coerced about 570 bakers working for Paris Baguette, a chain owned by SPC, to quit their labor union affiliated with the Korean Confederation of Trade Unions and instead join the corporate-friendly Federation of Korean Trade Unions. The court said it had reason to believe that Hur might try to destroy evidence if released on bail.
The South Korean Personal Information Protection Commission said it is fining the Chinese e-commerce platform AliExpress 1.9 billion won ($1.3 billion) for disclosing private information of Korean customers to overseas vendors. It said the company violated the Personal Information Protection Act, which among other things requires the consent of informed customers before transferring their personal information overseas. It is the first time the government has fined a business under this law.
Taiwan
The Constitutional Court announced the procedures for a full day of arguments on August 6 regarding the constitutionality of laws passed in May that give the legislature new investigatory powers, make “contempt of the legislature” a crime, and require the president to give an annual speech to the legislature and answer lawmakers’ questions. The court has put some of the new laws on hold via a temporary injunction. The laws were passed by legislators from the Kuomintang (KMT) and Taiwan People’s Party (TPP), which control the Legislative Yuan, over objections from the Democratic Progressive Party, which holds the presidency. Meanwhile, the Judicial Yuan said the Constitutional Court justices have been threatened on social media, and warned that persons who make threats or incite violence will be prosecuted.
In a first for Taiwan, household registration officials in Taipei’s Xinyi District issued a new official ID to a transgender man even though he did not undergo gender-affirming surgery. The office had previously refused to issue the ID but acted after the Taipei High Administrative Court ruled in May that surgery should not be required. In 2021, the same court ordered that a transgender woman should be allowed to change her ID without surgery.