This Week in Asian Law

March 16-22

China

Canadian Foreign Minister Mélanie Joly condemned China’s execution of four Canadians who were convicted of drug-related crimes. All four were male and were dual Chinese-Canadian nationals. Neither government released details of the cases. At least one other Canadian remains on China’s death row: Robert Lloyd Schellenberg, who has been convicted of trafficking nearly 500 pounds of methamphetamines.

Chinese Communist Party-run news media continued to denounce plans by Hong Kong conglomerate CK Hutchison to sell two ports on either end of the Panama Canal to a consortium led by US-based BlackRock. CK Hutchison, owned by wealthy businessman Li Ka-shing, announced on March 4 that it plans to sell 45 ports around the world to BlackRock for nearly $23 billion. In its latest commentary, which was picked up by news media across China, the Hong Kong-based Ta Kung Pao said China is the second-largest user of the Panama Canal and the canal has great significance to China's national interests. It said Li should halt the transaction.

Beginning September 1, 2025, China will require all AI-generated content (including text, images, videos, audio, and virtual scenes) to be clearly labeled with visual or auditory indicators and embedded metadata. A regulation issued by the Cyberspace Administration of China requires AI service providers and app stores to ensure compliance. The new rule aims to curb the spread of disinformation by making it easier for users to distinguish between machine-generated and human-generated material.

The Cyberspace Administration of China and Ministry of Public Security jointly issued new rules for commercial users of facial recognition technology. The Measures for the Safe Application of Facial Recognition Technology (人脸识别技术应用安全管理办法), which take effect June 1, require commercial users to have a specific purpose, disclose information to customers such as how the facial information will be used and how long it will be retained, and minimize the impact on customers’ personal rights. 

The Supreme People’s Court released five concluded cases to illustrate judicial protection for various market entities in China’s free trade zones. China has created 22 such zones, beginning with one in Shanghai in 2012. The newly released cases involve disputes involving international air transport, China-Europe freight trains, and cross-border e-commerce.

Hong Kong

The Legislative Council approved a cybersecurity law that requires companies designated as critical infrastructure operators to secure their essential computer systems, subject to fines of up to HK$5 million (US$643,000). The new law takes effect on January 1, 2026. It covers eight sectors—energy, IT, banking, communications, maritime, healthcare, and land and air transport—as well as operators of specified key social and economic services, such as sports stadiums. Operators must conduct yearly risk assessments and notify a new commissioner’s office within 12 hours of any security exposure. Government departments are not covered by the law, although several have recently suffered data leaks.

A group of Hong Kong political emigrees who now live in Taiwan held a press conference at the Legislative Yuan in Taipei to mark the first anniversary of the passage of the Hong Kong Safeguarding National Security Ordinance. Former Causeway Bay Books owner Lam Wing-kee, former Democratic Progressive Party legislator Huang Chieh, a political cartoonist who goes by the name “vawongsir,”and others said the law is severely restricting freedoms in Hong Kong.

Japan

The city of Tokyo is preparing to begin implementing Japan’s first ordinance aimed at curbing harassment by irate customers (known as "kasuhara (カスハラ)"). The ordinance, which was approved in October 2024 and takes effect in April, requires businesses to take steps to protect their employees from aggressive and unreasonable customer demands. The city's guidelines define customer harassment as behavior that “harms the dignity and character of the employee.”

The Osaka High Court ordered a retrial in a case brought by two death-row inmates who say that Japan's same-day execution notification policy is unconstitutional. Authorities usually notify inmates only one or two hours in advance that they are about to be executed. The two plaintiffs argue that this denies them the opportunity to file legal complaints and therefore violates the Constitution's guarantee of due process. The Osaka District Court in April last year dismissed the lawsuit, which has now been revived.

The Kyoto Family Court dismissed the petition of a married transgender woman to change her gender designation in the official family register. Being unmarried is one of the five legal requirements for such a change under the gender dysphoria special law. The petitioner, who was born a man, was diagnosed with gender dysphoria in 2015 after marrying and currently lives as a woman. She said the law forces her to choose between divorce or continuing the marriage under disadvantageous conditions.

Koreas

The South Korean Constitutional Court said it will issue its decision on the impeachment of Prime Minister Han Duck-soo on March 24. The National Assembly voted to impeach Han, then serving as acting president, on December 27 after he refused to fill three vacancies on the Constitutional Court. The court has not yet announced a date for its ruling on the proposed impeachment of President Yoon Suk Yeol.

The Constitutional Court is facing a severe backlog, with more than 90% of cases exceeding the legal limit of 180 days due to a surge in attempted impeachments of high-ranking officials. The court has received 13 impeachment petitions during 2023-2024. The average processing time for cases also rose in 2024 to 725 days, raising concerns about delayed justice. Legal experts warn that prioritizing politically sensitive cases over cases that touch on fundamental rights may undermine the judiciary.

Taiwan

Vice President Hsiao Bi-khim (蕭美琴) announced seven new nominees to sit on the Constitutional Court, nearly two months after the opposition-controlled legislature rejected President William Lai’s (賴清德) previous slate of nominees. The Constitutional Court normally has 15 justices but has had only eight since the terms of seven justices ended last October. In addition to rejecting their replacements, the opposition passed a law requiring a minimum of 10 justices to hear and rule on cases, effectively halting court operations.

President William Lai (賴清德) promulgated the annual budget and amendments to the budget allocation act after the opposition-controlled Legislative Yuan refused to reconsider them. The president has no power to veto legislation. The budget significantly cuts central government spending and gives more money to local governments. The executive has warned that government operations will be seriously affected.

Authorities revoked the visa of Chinese social media influencer Liu Zhenya (劉振亞), known online as Yaya in Taiwan (亞亞在台灣), and gave her ten days to leave Taiwan after she made posts advocating Taiwan’s forceful unification with the mainland. Liu, who moved to Taiwan after marrying a Taiwanese man, has 480,000 followers on the Chinese app Douyin. Taiwan authorities have recently targeted not only Chinese-born influencers but also Taiwanese performers who post pro-Beijing content and Taiwanese who obtain Chinese IDs.

The Kuomintang or Nationalist Party (KMT) called for national referendums on the death penalty and martial law. The death penalty is legal in Taiwan and has popular support, but a recent Constitutional Court ruling narrowed its use, causing the KMT to claim that it is being eliminated. The martial law referendum is a response to several moves by the administration of President William Lai that the KMT considers authoritarian overreach, chiefly reintroducing military courts for espionage cases.

The trial of former Taipei mayor and presidential candidate Ko Wen-je (柯文哲) began in Taipei District Court. Ko is accused of bribery and embezzlement in connection with a real estate development. Several other former officials accused in the case have pleaded guilty.