This Week in Asian Law

April 13-19

China

Authorities accused three Americans of hacking the Asian Winter Games on behalf of the US National Security Agency and offered a reward for information leading to their arrest. Police in Harbin said the three conducted cyberattacks targeting critical systems of the games, which were held in the city in February. Authorities also accused the University of California and Virginia Tech of being part of a coordinated cyber campaign against the games.

The Ministry of Human Resources and Social Security and the Supreme People's Court jointly released five typical cases involving labor disputes. This brings to 31 the number of typical cases that deal with emerging labor issues. These five cases focus on social security and non-competition agreements, occupational safety benefits, and demotion during pregnancy.

The Datong Intermediate People's Court upheld a three-year prison sentence for a man convicted of raping his fiancée after their engagement party in May 2023. The case has attracted widespread online attention. The court rejected online allegations that the woman’s family was trying to extort the man, noting that she returned betrothal gifts worth 100,000 CNY (about USD$13,700) through a matchmaking agency.

The Ministry of Industry and Information Technology is banning automakers from using terms such as “smart driving” and “autonomous driving” in advertisements for driving assistance systems. Reuters reported that the ministry delivered the instructions at a meeting with automaker representatives. It said the ministry is also requiring automakers to carry out tests and get regulatory approval before deploying remote updates to their vehicles’ advanced driving assistance systems.

Hong Kong

The government proposed amending the Trade Unions Ordinance to ban persons convicted of national security offenses from holding office in trade unions, with violators subject to prison and fines. Other amendments would require unions to seek approval from the Registrar of Trade Unions if any “external force” offered to make a donation; the registrar would be authorized to deny applications to establish new unions or merge existing ones based on national security concerns. The changes will go to the Legislative Council for approval.

Members of the city’s last significant opposition group, the Democratic Party, voted to proceed with plans to dissolve the party as its leaders first proposed in February. At a special meeting, 90% of the 110 members voted for a three-member committee to take steps toward dissolution, including resolving legal and accounting matters. A final vote on dissolution will be held in the coming months, according to Chair Lo Kin-hei (羅健熙). A former party leader and other members have said that Chinese officials told the party to dissolve.

Prison authorities told a court that the policy of allowing male prisoners to wear shorts in hot weather but requiring women to wear trousers is based on multiple considerations including “inherent differences” between men and women. The activist and lawyer Chow Hang-tung, who has been detained since 2021 awaiting a national security trial, brought a lawsuit challenging the practice as discriminatory and harmful.

Japan

The Fair Trade Commission issued a cease-and-desist order against Google for violating the anti-monopoly law by forcing smartphone manufacturers to pre-install its apps, such as Google Play and Chrome, and making it difficult for competing search engines to be used on Android devices. Google could face fines if it does not comply with the commission’s order to halt such practices. Google expressed regret at the decision but said it would work with the commission. It is the first time that the FTC has issued such an order against any of the major US technology companies.

Survivors of childhood sexual abuse and activists are urging the legislature to abolish time limits on bringing civil lawsuits seeking compensation for abuse, arguing that trauma often delays victims’ ability to come forward. The civil code currently requires lawsuits be filed within three years of recognizing harm caused by an unlawful act. Nearly 60,000 people have participated in a signature campaign since January. In 2023, Japan revised its criminal code to extend the statute of limitations for pursuing criminal charges for sex crimes.

In a first for Japan, police arrested four persons on charges of selling obscene images generated by AI. The suspects reportedly used free AI software to create posters featuring nude women. The images led to charges carrying penalties of up to two years in prison or fines up to ¥2.5 million (USD$17,500).

Koreas

A court in Seoul began the criminal trial of former President Yoon Suk Yeol on insurrection charges stemming from his short-lived declaration of martial law last December, an action for which he has already been impeached. Yoon defended his actions in court, calling the six-hour-long martial law a symbolic warning aimed at exposing opposition obstruction. Prosecutors said Yoon tried to paralyze democratic institutions.

South Korea's National Assembly passed an amendment to the Constitutional Court Act that bars an acting president from nominating new justices and allows sitting justices to remain in office beyond the expiration of their terms until successors are appointed. Acting President Han Duck-soo last week nominated two persons to sit on the Constitutional Court’s nine-member bench, replacing two judges whose terms are ending. This week, however, the court suspended the nominations and accepted a petition to decide whether acting presidents have the power to appoint justices.

The Korean Bar Association held a rally urging the government to reduce the number of new lawyer licenses it issues each year to about 1,200, down from the recent annual average of about 1,700. The association’s president said South Korea has too many lawyers, resulting in excessive competition and declining quality of legal services. The number of lawyers has climbed from about 10,000 in 2009 to more than 30,000 in 2024.

North Korean hackers took advantage of political unrest in South Korea to launch a mass phishing campaign using fake documents related to former President Yoon Suk-yeol's declaration of martial law, according to South Korean police. More than 126,000 emails were sent on December 11, 2024, targeting nearly 18,000 people with malware-laced attachments and links to fake websites, tricking 120 victims into revealing personal information. South Korean police used digital forensics to trace the operation back to North Korean operatives.

Taiwan

The Defense Ministry said that sixty-two active-duty military personnel have been found to hold Chinese residency permits, and as a result are now barred from handling intelligence and confidential data. Holding such documents, while legal, disqualifies them under Taiwanese law from accessing classified information. In recent weeks, President Lai Ching-te has taken a series of measures to guard against Chinese infiltration of Taiwanese society, which he says is increasing.

A former assistant to the last foreign minister, Joseph Wu (吳釗燮), was detained on suspicion of spying for China while working in the Foreign Ministry. The Taipei District Prosecutors’ Office said Ho Jen-chieh (何仁傑) is suspected of having leaked classified information to Chinese intelligence. Ho’s detention is part of a larger investigation that so far has implicated several key members of the ruling Democratic Progressive Party, including a man who was secretary to President Lai while he was vice president under the last president, Tsai Ing-wen.

Eighteen Democratic Progressive Party (DPP) lawmakers proposed legislation to increase the minimum residency period for Hong Kong residents seeking permanent residency in Taiwan to six years. At present, the process usually takes five years, although in some circumstances it can be completed in one year.

Opposition legislators advanced proposals to hold referendums to allow absentee voting and reactivate a nuclear power plant that has been partially shut down and is due to fully shut down next month. The proposals have yet to receive a final vote. The two reactors at the Ma-anshan Nuclear Power Plant in Pingtung County have reached or are about to reach the end of their 40-year permitted life. The Democratic Progressive Party favors ending use of nuclear power on safety grounds but the Nationalist (KMT) Party says Taiwan needs the power.