This Week in Asian Law

August 17-23

China

The National People’s Congress (NPC) said it has incorporated over 1.19 million public suggestions into legislation in the past five years, leading to the enactment of 35 new laws and the revision of 62 others. NPC officials said they have created new outreach channels, including 54 nationwide offices, inspection tours, seminars, and digital platforms, to gather public input. They said these efforts embody China’s concept of “whole-process people’s democracy,” aimed at strengthening governance, addressing social needs, and safeguarding national security.

The Foreign Ministry accused the United States of carrying out discriminatory, politically-driven and selective law enforcement against Chinese students arriving in the US. Spokesman Mao Ning said some students were being taken by airport border control staff into small rooms for extended interrogation, in some cases for more than 70 hours, and repeatedly asked questions that had nothing to do with their purpose of travel to the US.

Following news of a criminal investigation into Shaolin Temple’s former abbot, Shi Yongxin, the China Buddhist Association urged monks and religious leaders to obey the law, be patriotic, pay taxes, and avoid misconduct. Shi, known as the “CEO monk” for building the temple into a successful business empire, is accused of embezzlement, misuse of temple assets, and alleged improper relationships with women. He had been abbot since 1999.

A Chinese national who was living in the US illegally was sentenced to eight years in federal prison for conspiring with North Korean officials to smuggle firearms, ammunition, and sensitive technology to North Korea. In June, Shenghua Wen, 42, of Ontario, pleaded guilty to violating export control laws and acting as an unregistered foreign agent. He admitted that he knowingly carried out the operation under North Korea’s direction.

Hong Kong

Pro-democracy activists Tony Chung and Ted Hui announced that they were granted asylum in Britain and Australia, respectively. Chung, who was imprisoned for secession and money laundering, and Hui, a former lawmaker and now a lawyer in Adelaide, are among dozens of Hong Kong activists living in exile to avoid prosecution at home. Hong Kong authorities summoned the UK and Australian envoys to protest the grants of asylum.

A Solicitors Disciplinary Tribunal barred lawyer and activist Kevin Yam from practicing as a solicitor in Hong Kong. Yam, who is now based in Australia, is accused of urging foreign countries to impose sanctions on judges and prosecutors in Hong Kong in May 2023 during a hearing by a “foreign official organization,” believed to be the US Congressional-Executive Committee on China. Hong Kong police have issued a warrant for Yam’s arrest for alleged security law violations.

A lawyer for former Apple Daily publisher Jimmy Lai got into a debate with the judges when arguing in his closing remarks that Lai was exercising his right of free expression when he criticized the Chinese government. High Court Justice Esther Toh Lye-ping rejoined that fundamental rights have limits, noting that the US and UK have arrested pro-Palestine protesters. Lai’s trial on charges of colluding with foreign forces and conspiring to publish seditious materials, which began in December 2023, is nearing an end.

The government gazetted notices to remove close to 300 groups from the societies registry, saying the organizations were believed to “have ceased to exist.” Among them are six disbanded pro-democracy groups: Scholarism, People Power, Kowloon City Matters, Shatin Community Network, Tin Shui Wai New Force, and Tseung Kwan O Youth Power.

Government departments terminated contracts with a local company to supply mainland-sourced water to government offices after concerns arose about the quality and source of the water. Xin Ding Xin Trading Co. won the contracts in June based on a low-priced bid, but officials now say that some of the information it originally provided was false. Police also arrested the Hong Kong couple that owns the company. In addition to the bottled water, some departments had contracted with Xin Ding Xin for chemical supplies and data entry services.

Japan

The Aichi Prefectural Police arrested 29 Japanese nationals, including teenagers and persons in their 50s, who were extradited from Cambodia on suspicion of running phone scams. The suspects called targets in Japan and swindled them out of cash by posing as police officers investigating money laundering and other crimes. Cambodian authorities detained them in May in a raid on their on their base in Poipet, a town near the border with Thailand.

Lawyers for Iwao Hakamata, who was acquitted in 2024 after spending 47 years in prison for a murder he did not commit, said he is planning to claim damages of approximately 600 million yen from the central and prefectural governments. The sum includes lost income from his lengthy imprisonment and care expenses following his release. His legal team also plans to file a separate libel suit over a prosecutor’s statement that allegedly implied Hakamata was guilty despite his acquittal.

Koreas

More than 12,000 South Koreans are suing former President Yoon Suk Yeol and his wife for emotional distress, alleging his 2024 martial law declaration was an unlawful abuse of power to block corruption probes into his administration. The plaintiffs claim the action evoked traumatic memories of the country’s past dictatorship and shattered public trust in the nation's democracy. The same court awarded damages in July to 104 plaintiffs making the same claim. Yoon has appealed that ruling.

A bill to legalize tattooing by non-medical professionals passed its first hurdle by winning approval by a subcommittee of South Korea’s National Assembly. Since 1992, only licensed doctors have been legally allowed to perform tattoos, although thousands of tattoo artists have operated underground. The proposed Tattooist Act will formally license tattoo artists through a government-run exam and establish hygiene and safety standards. The Korean Medical Association opposes the bill.

South Korean President Lee Jae Myung and the ruling Democratic Party are pushing legislation to impose punitive damages on media outlets spreading “fake news,” raising concerns over the impact on press freedom. Supporters argue the bill is needed to curb misinformation on social media, while critics warn it could chill investigative journalism, suppress government critics, and blur the line between political criticism and illegal reporting.

Taiwan

The chair of the Taiwan People’s Party (TPP), Huang Kuo-chang (黃國昌), proposed amending the criminal procedure code to remove the risk of “collusion” as a basis for pretrial detention. Huang said such revision would prevent the political abuse of detention powers. He denied that the proposal aims to benefit former TPP Chair Ko Wen-je, who is currently being detained to prevent him from colluding with co-defendants in a corruption case.

The Taiwan High Court upheld the 4.5-year prison sentences given to two officials of the small Reunification Alliance Party for facilitating Chinese interference in Taiwan’s 2024 presidential election. The two men were convicted of taking more than 20 Taiwanese nationals to China to hear political speeches and promoting specific candidates in Taiwan’s election at the direction of and with financial support from the Chinese government.

Taiwan’s Mainland Affairs Council (MAC) said that forming communist political parties or student groups is legal, citing a 2008 Constitutional Court ruling that struck down a prohibition on advocating communism. The statement followed media reports about students at a leading Taipei high school having set up a “Chien Kuo Communist Party.” However, the group’s general secretary told local media that the group had no connection to the Chinese Communist Party, was always very small, and had already fizzled out.