This Week in Asian Law

January 26 - February 1

China

The government said it is willing to repatriate Chinese nationals who are in the US illegally or without documentation as long as their nationality has been confirmed. In recent months, China has accepted five charter flights with hundreds of Chinese nationals sent back by the United States, but there are still tens of thousands Chinese nationals illegally in the US. The Trump administration threatened tariffs and sanctions on Colombia this week for initially refusing to take in deported nationals.

The Chinese Embassy in Washington denounced as a farce this week’s one-hour trial of the State of Missouri’s claim against the Chinese government for temporarily restricting exports of masks and other personal protective equipment during the COVID pandemic. The Chinese government did not participate in the trial in the US District Court for the Eastern District of Missouri, deeming it a violation of sovereignty. The Court of Appeals for the Eighth Circuit last year threw out other claims that were part of Missouri’s original 2020 lawsuit, saying the claims were blocked by the Foreign Sovereign Immunities Act.

Hong Kong

The Hong Kong Journalists Association said student journalists who published an investigation of the government’s community care teams have been targeted in coordinated online attacks. Since 2022, the government has organized teams in each of the city’s sub-districts to organize activities for low-income and elderly persons as well as patriotic events. A Chinese University of Hong Kong student publication, U-Beat, said the government-funded teams refused to provide finance and performance reports.

Government officials condemned as political grandstanding US lawmakers’ introduction of an updated version of the Hong Kong Sanctions Act. The bill, published last week but not yet voted on, asks US President Donald Trump to determine if 48 named Hong Kong officials and former officials have violated human rights, and whether sanctions should be imposed on them.

Australian Judge James Allsop will be part of a Court of Final Appeal panel that hears a government appeal in a case involving former legislator Lam Cheuk-ting’s behavior following the 2019 Yuen Long mob attack. Allsop, a former chief justice in the Federal Court of Australia, became an overseas non-permanent judge on the court in May 2024, even as many other foreign judges left the court. Lam was initially convicted, then acquitted on appeal, of disclosing the identity of people under investigation after he revealed the identity of a police officer being investigated for his role in the Yuen Long attack. Lam also was convicted last year of rioting during that attack.

The Securities and Futures Commission fined Hang Seng Bank HK$66.4 million (US$8.52 million) for what it called serious regulatory failures linked to the bank’s sale of collective investment schemes and derivative products.

Japan

Supporters of a female prosecutor who says she was raped by a senior prosecutor in 2018 presented a petition calling for an independent inquiry to the Justice Ministry and the Supreme Public Prosecutors Office. The petition contained about 59,000 signatures. Kentaro Kitagawa, former head of the Osaka District Public Prosecutors Office, is currently on trial in the case, but his accuser and supporters in the public have expressed concerns about the integrity of the system. His accuser told a news conference that progress has been slow both in the Kitagawa trial and in a related matter, in which she accused a deputy prosecutor at the Osaka office of leaking investigative information to Kitagawa to help him evade indictment. The trial began in October.

The chairman and president of Fuji TV, one of Japan's biggest networks, resigned in the wake of a sexual misconduct allegation against a famous TV host. Dozens of companies pulled their advertisements from the network, which was accused of trying to cover up the scandal. The host, Masahiro Nakai, was accused of sexually assaulting a woman at a 2023 dinner party allegedly organized by Fuji TV staff. He has now resigned.

Koreas

Prosecutors indicted President Yoon Suk Yeol on Jan. 26 on charges of leading an insurrection when he declared martial law in December 2024. They acted after a court twice rejected their application to extend his detention for further investigation. Prosecutors said they feared Yoon would destroy evidence if released. Yoon argues that he did not break the law because the president has the power to declare martial law. Yoon’s defense minister, the head of the National Police Agency, and the chief of the Seoul police are also charged with crimes in connection with the short-lived martial law declaration. The National Assembly voted to impeach Yoon, and the Constitutional Court is conducting a trial to decide whether to uphold the impeachment or restore Yoon to power.

Taiwan

President Lai Ching-te sent a letter to Pope Francis expressing the hope that international organizations will stop excluding Taiwan. Lai wrote in response to the pontiff’s message on Jan. 1’s World Day of Peace, in which Francis said that worldwide challenges like food crises and climate change should be jointly addressed. The Vatican is one of twelve states that maintain formal diplomatic ties with Taiwan.

The Supreme Court upheld the 22-year prison sentence of former Nantou County commissioner Lee Chao-ching (李朝卿), who was convicted in 2018 of corruption in connection with post-typhoon reconstruction projects. Lee was unable to appeal his conviction but asked for a lesser sentence based on his advanced age of 74 years, frail health, and status as a first-time offender.

The High Administrative Court rejected an appeal from a former naval chief petty officer who was dismissed for failing to report an attempt to recruit him to spy for China. A retired Taiwan air force colonel approached the younger officer in 2022 and asked him for sensitive information and to install a GPS device on a warship. Although the chief petty officer did not comply, he also did not report the incident to his unit, as required by law. The retired colonel was sentenced to 20 years in prison last year.