November 24-30
China
China released three American citizens imprisoned in China in a prisoner swap for four Chinese citizens held in the United States. The three Americans are Mark Swidan, Kai Li and John Leung, all of whom were designated by the US government as wrongfully detained. Swidan was detained in 2012 and sentenced to death in 2019 on drug charges, while Li (held since 2016) and Leung (held since 2021) were imprisoned on espionage charges. Shortly after their release, the US State Department adjusted its travel advisory for China from level three “reconsider travel” to level two “exercise increased caution.” China said three of the released Chinese citizens had been held by the US for “political purposes” and the fourth was sought by Beijing for crimes. The South China Morning Post reported that the three in US prisons were an intelligence officer convicted of conspiracy to commit espionage, a former graduate student accused of acting as a foreign government agent, and a former student accused of possessing child pornography.
A Beijing court sentenced Guangming Daily journalist Dong Yuyu to seven years in prison on espionage charges, his family said. Dong, 62, was detained in February 2022 along with a Japanese diplomat at a Beijing restaurant. The diplomat was later released. Dong’s family said the court judgment identified the Japanese diplomats with whom Dong met, including then-ambassador Hideo Tarumi and current Shanghai-based chief diplomat Masaru Okada, as agents of an “espionage organization.”
The ruling Communist Party published a People’s Daily commentary vowing harsh punishment for anyone carrying out “revenge against society” attacks after dozens of persons were killed and injured in such incidents. It said local governments were responsible for “building a comprehensive governance mechanism to address social conflicts that includes prevention at the source, investigation and screening, dispute resolution, and emergency response,” including “improved systems for social psychological services and crisis intervention.” The commentary was signed “Zhong Yin,” one of the pen names used when important policy statements are drafted at a high level. (Hat tip, Tracking People’s Daily)
China declared new baselines around Scarborough Reef, a large coral atoll barely above sea level in the South China Sea that China claims as sovereign territory and treats as an island entitled to a maritime zone. China had already claimed the reef and surrounding waters, Experts Yucong Wang, Clive Scofield, and Warwick Gullett say the baselines only extend China’s territorial sea claims by a few hundred meters in two directions. However, they warn that the new declaration of baselines may signal plans for more aggressive enforcement patrols. The move followed the Philippines’ enactment of new maritime laws codifying its own claim to the reef and nearby waters. An international arbitration tribunal ruled in 2016 that China’s South China Sea claims conflict with the UN Convention on the Law of the Sea.
The Ministry of Public Security and three other government agencies released the Joint Punishment Measures for Telecom and Internet Fraud and Related Crimes (《电信网络诈骗及其关联违法犯罪联合惩戒办法》) to support the implementation of the 2022 Anti-Telecom and Online Fraud Law. The ministry said telecom and internet fraud has become the fastest-growing type of crime. Criminal organizations make use of phone cards, Internet of Things cards, SMS gateways, bank accounts, and payment accounts set up under false identities to conduct scams.
The Jinan Intermediate People's Court gave the former chairman and Communist Party secretary of the Bank of China a death sentence with a two-year reprieve for accepting bribes and approving illegal loans. Liu Liange led the state-owned bank from 2010 to 2023.
Beginning Nov. 30, Australians may travel visa-free in China for up to 30 days, double the current period. Under Australian Prime Minister Anthony Albanese, bilateral relations have improved. China also recently made a similar announcement for Japanese nationals. It brings to 38 the number of countries to which China is extending visa-free travel for 30 days, according to the Ministry of Foreign Affairs. China is trying to kick-start incoming travel, which remains well below pre-pandemic levels.
Hong Kong
The Court of Final Appeal upheld two lower court judgments that said Hong Kong’s Basic Law protects public housing benefits and inheritance rights for same-sex married couples. The government had appealed the earlier verdicts in those cases. The Court of Final Appeal ruled last year that the government must establish a framework to legally recognize same-sex partnerships by October 2025.
Former Apple Daily publisher Jimmy Lai told a court that in May 2020 he believed US sanctions targeting the Chinese government offered the only hope of stopping enactment of the National Security Law. The court was told that Lai texted Chan about a month before the security law came into effect, that “more draconian sanctions are coming from [then-President] Trump hopefully this weekend.” Earlier, Lai told the court he did not think sanctions would cause the downfall of the Chinese Communist Party, an idea he called “crazy.” Lai has testified so far for seven days during his trial on two counts of conspiracy to collude with foreign forces and one of conspiring to publish seditious materials.
Japan
The Japan Fair Trade Commission searched the offices of the Japanese unit of Amazon.com Inc. for allegedly forcing retailers to cut prices of products sold on its online shopping website. Amazon Japan G.K. is alleged to have violated the anti-monopoly law by forcing retailers to reduce prices in return for displaying their products in the most visible positions on the Amazon platform, known as the “buy box.”
Yokohama police referred to prosecutors the case of a 17-year-old female high school student who jumped from a building, killing herself and a pedestrian walking below. The proposed charge is gross negligence resulting in death. The move generated controversy about the appropriateness of bringing charges against a dead person, as well as renewed attention to the high suicide rate among teens.
A senior public prosecutor bowed in apology to Iwao Hakamada, the world's longest-serving death row prisoner, whose conviction was quashed in September. Hakamada, 88, spent 46 years on death row for a 1966 quadruple murder. Last month the local police chief came to Hakamada's home to apologize. Hakamada is the fifth death row inmate granted a retrial in Japan's post-war history; all four previous cases also resulted in exonerations.
Koreas
Seoul Central District Court cleared Lee Jae-myung, the leader of South Korea’s main opposition party, of charges that he forced a witness to commit perjury. Lee, who narrowly lost to President Yoon Suk Yeol in the 2022 election and is widely expected to seek to run again, has been fighting a battery of prosecutions. The same court convicted him on Nov. 15 of violating the election law, which could end his political career. He still faces several other trials in connection with a $1 billion property development scandal.
South Korean prosecutors requested a five-year jail term for Samsung Electronics Chairman Jay Y. Lee (Lee Jae-yong) on charges of accounting fraud and stock manipulation during a controversial merger of affiliates in 2015. The Seoul Central District Court acquitted Lee in February but prosecutors appealed to a higher court. Samsung has lagged in recent years in competition with other chipmakers, and in his final statement Lee asked the judge to give him the opportunity to reinvent the company.
Taiwan
The Office of Trade Negotiations expressed deep disappointment that member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), meeting in Vancouver, Canada, did not reach agreement to initiate Taiwan’s accession process. It said that since applying to join the CPTPP in 2021, Taiwan has reformed its trade-related regulations to bring them in line with the bloc’s standards. Taiwan’s application is believed to be held up by some members’ unwillingness to alienate China, which also has applied to join the group and opposes Taiwan’s accession.
The National Health Insurance Administration said it does not rule out working with the Ministry of Labor on easing restrictions on hiring foreign workers to help with a nursing shortage. The administration’s director-general, Shih Chung-liang, noted Taiwan has a shrinking workforce and aging population in need of care.