This Week in Asian Law

September 29-October 5

China

A man angered over a “personal economic dispute” went on a stabbing spree in a Shanghai Walmart, killing three persons and wounding 15 others, according to police. Police detained a 37-year-old man surnamed Lin at the scene. Discussions about the attack appear to be censored on social media.

A local legislator in Heilongjiang Province was expelled from the Chinese Communist Party (CCP) for allegedly violating party discipline and anti-corruption laws, including reading illegal publications “harmful to party unity.” Li Bin (李彬) is at least the 30th CCP Party members to be punished for possessing or reading publications with problematic political narratives since such behavior became punishable in the revised Regulations on Disciplinary Actions that took effect in January 2024. Li was also accused of accepting gifts and bribes, and he faces possible criminal indictment. 

The National People’s Congress is seeking public comment on the following bills through October 12, 2024:  revision to the Law on Preventing and Controlling Infectious Diseases (传染病防治法), Energy Law (能源法),  revision to the Anti–Money Laundering Law (反洗钱法), Public Health Emergency Response Law (突发公共卫生事件应对法), National Parks Law (国家公园法), and revision to the Supervision Law (监察法).

Hong Kong

Retired UK Judge Nicholas Phillips, 86, stepped down from his position as a part-time judge on Hong Kong’s Court of Final Appeal, citing unspecified personal reasons. He is the fifth overseas judge to leave the apex court this year, and the tenth since the introduction of the 2020 National Security Law. Phillips had been on the court since 2012. Foreign human rights activists have accused foreign judges of giving the court undeserved legitimacy.

An elderly activist could face a fine and prison time for making photos and videos of himself in a public park holding two scrolls displaying a couplet by the Chinese literary scholar Lu Xun. It reads: “Fierce-browed, I coolly defy a thousand pointing fingers. Head bowed like a willing ox, I serve the children.” Police said park regulations forbid displaying signs, banners, posters, or advertisements without permission. They did not allege that the content of the scrolls is illegal.

A court convicted a 64-year-old man of inciting violence by posting to his 766 friends on Facebook in 2020 a question about how to kill then-Chief Executive Carrie Lam. Pun Tak-shu said that no person of normal intelligence would have taken his words seriously. The judge said the post should be assessed in the context of the politically charged atmosphere of the time.

Japan

The Tokyo District Court sentenced the former treasurer of what was once the largest faction of the ruling Liberal Democratic Party to a suspended three-year prison term. The faction had been led by the late Prime Minister Abe Shinzo. Matsumoto Junichiro was convicted of failing to declare 675 million yen ($4.7 million ) raised through fundraising parties.

The Diet elected Shigeru Ishiba as prime minister, replacing Fumio Kishida, who had been undermined by the Liberal Democratic Party’s fundraising scandals. Ishiba said he would strengthen the Japan-U.S. security alliance but that the terms should be more equal, including joint management of US bases in Japan and positioning of Japanese bases in the US. Ishiba appointed a 20-member cabinet that includes just two women, down from the five on Kishida’s cabinet. He said he will call for a snap parliamentary election on October 27.

Koreas

A Seoul court sentenced two police officers to prison terms for professional negligence in failing to prevent a Halloween crowd crush in 2022 in which 159 persons died. The chief of the Yongsan police station received a three-year term and another officer was given two years. A third officer received a suspended sentence. The court held that the crush was foreseeable and police should have taken crowd control measures to prevent it. The court acquitted four officials of the Yongsan Ward Office. 

Prosecutors announced that they would not bring charges against first lady Kim Keon Hee for accepting a luxury Dior bag valued at 3 million won ($2,275) and other expensive gifts. The Seoul Central District Prosecutors Office said the Improper Solicitation and Graft Act prohibits the spouses of public officials from receiving gifts related to official duties but does not provide for their punishment. It also said that her acceptance of the bag was unrelated to President Yoon Suk Yeol’s official duties.

Taiwan

Minister of Justice Cheng Ming-chien (鄭銘謙) said thirty-seven prisoners on death row who have exhausted their appeals will remain in prison even though the Constitutional Court ruled last month that the death penalty may be used only for the most serious premeditated murders or premeditated crimes resulting in death. Cheng said the only route to vacate their sentences is for the head prosecutor of the Supreme Prosecutors’ Office to file individual extraordinary appeals for those prisoners to request the Supreme Court review their cases. 

The juvenile tribunal of the New Taipei City District Court sentenced two junior high school students to eight and nine years in prison, respectively, in the stabbing death of a fellow student following an argument. The victim’s family criticized the sentences as too lenient.