This Week in Asian Law

March 30-April 5

China

China imposed additional 34 percent tariffs on all products imported from the United States and filed a lawsuit with the World Trade Organization challenging President Trump’s sweeping new tariffs against Chinese goods. The government also announced an array of non-tariff measures:

China plans to standardize one-stop government service centers at the provincial, municipal, county, and township levels by 2026, according to the Communist Party's Political and Legal Affairs Commission. These centers will focus on resolving public complaints and disputes, digitally track dispute resolution progress, and build upon the "Fengqiao Experience” (枫桥经验), meaning resolving conflicts locally.

China's first comprehensive regulation of public surveillance cameras took effect on April 1, 2025. Among other things, the bans surveillance cameras in private spaces such as hotel rooms, public bathrooms, changing rooms, and student dormitories. The 34-article regulation also strengthens oversight of video data collection, storage, and sharing, and regulates livestreaming the video signals from public image collection devices.

Hong Kong

The US State Department imposed sanctions on six Chinese and Hong Kong officials, accusing them of transnational repression and undermining Hong Kong’s autonomy by enacting the 2020 National Security Law. The six included the former head of China's national security office in Hong Kong, Dong Jingwei; former Police Commissioner Raymond Siu; and Justice Secretary Paul Lam. The sanctions include freezing any assets they may have in the US and blocking their use of the US banking system. Separately, US Secretary of State Marco Rubio said the government plans to impose visa restrictions on Chinese officials involved in limiting foreign access to Tibet.

Newly appointed Police Commissioner Joe Chow minimized the impact of the new US sanctions and said “we should do even more” to safeguard national security. He said pockets of "soft resistance" remain, and police will focus on persons trying to incite dissent through the media, culture, and art sectors.

Japan

The ruling Liberal Democrats and opposition parties are negotiating changes to draft legislation on active cyberdefense in an effort to address privacy concerns. The legislation, which the Cabinet submitted to the legislature in February, aims to promote information-sharing between public and private actors in the cyber realm, allowing the government to acquire more information and identify the sources of cyberattacks. The current discussions are focused on enhancing parliamentary oversight by clarifying how an oversight committee will report to the Diet on government cyber operations, including acquisition of communications information and intrusions into computer systems to prevent cyberattacks.

The family of a Sri Lankan woman who died in 2021 while in immigration custody said they will sue the Japanese government if it does not release the complete surveillance footage of the woman’s detention. Wishma Sandamali, 33, was detained in August 2020 for overstaying her visa and died in March 2021 after repeatedly vomiting in the weeks before her death. The family accuses authorities of failing to provide necessary medical care.

Koreas

South Korea’s Constitutional Court unanimously upheld the impeachment of President Yoon Suk Yeol after more than a month of deliberation. The court ruled that Yoon abused his powers when he declared martial law on Dec. 3, 2024. An election for a new president must be held within 60 days, that is, by June 3. Acting President Han Duck-soo will remain in place until then. The expected front-runner is the head of the opposition Democratic Party, Lee Jae-myung, although he faces legal charges of his own. Yoon’s People Power Party has yet to confirm its candidate.

South Korea's National Assembly will review revisions to the Act on the Protection of Children and Juveniles from Sexual Abuse. The main proposed revision is to expand the scope of illegal grooming of minors to include offline interactions. Authorities will be allowed to conduct undercover investigations to catch perpetrators. Data shows that sex crimes against minors have been increasing.

South Korea’s Ministry of Trade, Industry, and Energy said it is preparing legislation to increase the maximum fine for overseas leakage of national core technologies and expand the scope of punishable offenses. The ministry said the number of technology leak cases in key sectors—semiconductors, displays, shipbuilding, and automobiles—has increased from 17 in 2020 to 23 in 2023.

Taiwan

Premier Cho Jung-tai (卓榮泰) said NT$88 billion (US$2.66 billion) will be allocated to support export supply chains and address the effects of new US tariffs of 32% on exports from Taiwan. Cho said the Cabinet’s Trade Negotiations Office is continuing to negotiate with the US.

The Investigation Bureau of Taiwan’s Department of Justice published a report alleging that Chinese tech firms have set up disguised subsidiaries in Taiwan in order to recruit top Taiwanese tech talent. The report alleged that alleged that China’s largest chipmaker, Semiconductor Manufacturing International Corporation (SMIC), used a Samoan company to establish a presence in Taiwan and then hired local talent.

A court sentenced a former senior navy commander to three years and 10 months in prison for setting up a spy ring for China after the Supreme Court denied his appeal. Separately, three staff members of the Democratic Progressive Party were detained without visitation rights and are being investigated on suspicion of spying for the Chinese Communist Party, a source with knowledge of the matter said.