This Week in Asian Law

October 26 - November 1

China

The Qinhuai District People's Court in Nanjing granted a divorce to a woman whose husband tried to kill her by pushing her off a 34-meter-high cliff in Thailand in 2019. A Thai court convicted Wang Nan’s husband of attempted murder and sentenced him to thirty-three years in prison. Wang filed for divorce in 2023 but Chinese law requires both parties to appear in person for divorce proceedings, with few exceptions. The Supreme People's Court, Ministry of Foreign Affairs, and Chinese Embassy in Thailand coordinated to serve documents and arrange for the husband to participate in the court hearing via a live video connection in China's first cross-border divorce case involving a defendant in a foreign prison.

The Standing Committee of the National People’s Congress released the drafts of three proposed laws for public comment: the Ecological and Environmental Code (生态环境法典污染防治编草案二次审议稿), the Procuratorial Public Interest Litigation Law (检察公益诉讼法草案), and the Cultivated Land Protection and Quality Improvement Law (耕地保护和质量提升法草案). The comment period ends Nov. 26, 2025. The Standing Committee also approved revisions to the Maritime Law. Two laws that the body approved in September took effect on Nov. 1: the Public Health Emergency Response Law P (突发公共卫生事件应对法) and Law on Publicity and Education on the Rule of Law (法治宣传教育法).

The Cyberspace Administration of China launched a two-month campaign to crack down on tipping abuses in online live streaming. Authorities will target streamers who use sexual content or fake personas to solicit tips, or encourage minors to steal parental identification to bypass age checks, as well as platforms that fail to set tipping caps or spending alerts.

Taiwanese singer Zheng Zhihua (鄭智化) complained on social media that he was forced to “roll and crawl” to board a flight at Shenzhen Airport because of deficient arrangements by the airport. After his post went viral, the airport apologized and said it would do better. The incident drew attention to problems in implementing the Barrier-free Environment Development Law (中华人民共和国无障碍环境建设法), which took effect in September 2023.

In the latest report of bizarre uses for AI, women are posting AI-generated images of unkempt vagabonds in their homes in order to test the responses of their husbands or boyfriends. At least one man called the police, who arrived to discover that the post was a hoax. Officials described the stunt as “fear-mongering” and a waste of public resources. Legal Daily quoted a lawyer as saying that raising a false alarm is punishable by ten days' administrative detention and a 500-yuan (US$70) fine.

Hong Kong & Macau

The police force is expanding its SmartView CCTV surveillance system by integrating existing cameras managed by other departments. The system offers real-time monitoring with AI face recognition, license plate recognition, and people-counting technology. By the end of the year, it plans to integrate cameras at ten public housing estates, four immigration control points, seven sports venues, and three cross-harbor tunnels. Police said that so far the system has aided in detecting more than 480 crimes and led to over 840 arrests.

National security roundup:

  • The High Court sentenced three men to up to 18 years in prison for detonating two bombs and plotting to set off a third in 2020 during anti-government protests. No one was injured. Ho Cheuk-wai, the plot leader, received an 18 year sentence, while Lee Ka-pan, and Cheung Ka-chun were sentenced to sixteen years and eight months. Seven co-defendants were acquitted.

  • Police arrested five persons on suspicion of manufacturing and providing weapons to protesters during the protests of 2019-2020. National security police arrested a sixth person on Wednesday on suspicion of possessing offensive weapons with intent.

  • The former girlfriend of fugitive activist Tony Lam pleaded guilty to one count of sedition after appearing in videos promoting an organization that Hong Kong’s government deems subversive.

  • A 16-year-old pleaded guilty to conspiring to commit secession by joining a tiny Taiwan-based group that advocates for Hong Kong independence.

The Court of Final Appeal’s deadline for the government to create a framework for legal recognition of same-sex relationships passed on Oct. 27 without being met. The government submitted draft legislation to the Legislative Council, which voted it down on Sept. 10. It was the only piece of government-proposed legislation rejected by the body since changes to election rules in 2021 effectively barred the opposition from running.

The independent media outlet All About Macau (論盡), announced its closure after authorities denied its reporters entry to official events and de-registered the company under the city’s press law. The trigger for the publication’s de-registration was not immediately clear. All About Macau was founded in 2010 as an online media platform. It started publishing a monthly print publication in 2013.

Japan

The Kanazawa branch of the Nagoya High Court ruled that the July election for the House of Councilors, the upper chamber of Japan's parliament, was held in a “state of unconstitutionality” due to disparities in the value of votes in different districts. However, the court declined to invalidate the election. Fifteen similar lawsuits have been filed across the country. The Osaka High Court has already ruled that the election was constitutional.

The Personal Information Protection Commission plans to revise the personal data protection law to introduce administrative fines for serious violations while easing consent requirements for data use. The dual approach responds to a 57 percent surge in reported data breach cases in fiscal 2024 and business complaints that strict consent rules hinder AI development. Commission Chair Satoru Tezuka said companies may use personal data without explicit consent when the use would not affect individuals’ rights or interests.

Economy Minister Ryosei Akazawa said the government will tighten regulation of large-scale solar power plants to address environmental damage and disaster risks. Large solar plants near Kushiro Shitsugen National Park in Hokkaido have caused problems, including deforestation. A liaison conference of five ministries will compile measures such as legal amendments and strengthened monitoring systems for introduction during the 2026 ordinary Diet session.

Koreas

South Korea's Constitutional Court justices decided 5-4 to uphold a law that bans violators of the election law from voting for five to ten years, depending on the seriousness of their offense. The constitutionality of the Public Official Election Act was challenged by a man who lost his right to vote or campaign for a specific candidate for ten years. A majority of justices said the ban protects electoral fairness. Dissenters said that it disproportionately punishes offenders.

Police transferred sixty-six suspects to the prosecution on suspicion of involvement in online scam rings in Cambodia. Meanwhile, Foreign Minister Cho Hyun told lawmakers that fifty-six more cases of Korean nationals abducted or confined in job scams in Cambodia were reported in September, bringing the total to 386. Not only Koreans but persons from across Asia and even Africa have been identified as both perpetrators and victims in the vast network of scam operations operating from Cambodia, Myanmar, and other locations in Southeast Asia.

Revisions to the Labor Standards Act that increase penalties for unpaid wages and expand protections for workers took effect on Oct. 23. Workers may now claim triple compensation if their employer intentionally withholds wages for three or more months cumulatively within a year. Prosecutors may pursue wage-related charges regardless of victim objection. Habitual defaulters face credit restrictions, subsidy bans, public bidding disadvantages, and possible travel bans.

The Ministry of Employment and Labor opened an investigation into allegations that a 26-year-old employee at the popular bakery chain London Bagel Museum died from overwork. The man was found dead in his company dormitory in July. His family claims that he worked about 80 hours per week leading up to his death while preparing to open a new store.

Taiwan

Technical consultations for Taiwan-US trade talks have been largely finalized and document exchanges are under way, according to Taiwan’s negotiating team. They met with their US counterparts on the sidelines of the APEC summit in South Korea. Taiwan is trying to get the US to reduce the twenty percent tariff on goods other than semiconductors that was imposed by President Trump.

New Taipei police questioned four entertainers, including actors Hsiu Chieh-kai(修杰楷)  and Chen Bo-lin (陳柏霖), over allegations they faked high blood pressure to avoid mandatory military service. The Ministry of Interior said that more than ninety persons are considered suspects in an investigation into military service evasion that began months ago.

The Cabinet approved a package of draft legal amendments that, among other things, would bar parole for offenders serving sentence of ten years or more for murder, attempted murder, or child abuse causing severe injury or death. The package also would prohibit courts from sentencing defendants to death if mental or cognitive illness impaired their judgment during the crime or trial. The Constitutional Court ruled in 2024 that executions in such circumstances would violate the right to a fair defense. The Judicial Yuan must review the package before it advances to the legislature.

The National Human Rights Commission claimed that the Ministry of Justice has shifted its position on capital punishment from “gradually abolishing” to “reducing death sentences” and “prudently carrying out executions.” Commissioner Gao Yong-cheng (高涌誠) urged the government to suspend all executions until it fully implements procedural safeguards outlined by the Constitutional Court. He also called for swift passage of domestic anti-torture legislation.

The Cabinet approved a new rule allowing hotels to hire intermediate-skilled migrant workers at a minimum monthly wage of NT$32,000 ($1,042), on the condition that the hotels first raise a local employee's salary by NT$2,000 $(65) for each migrant hire and cap migrants at 10 percent of their workforce. The policy aims to address a labor shortage, but labor groups questioned whether employers simply seek cheaper labor.

The Labor Ministry said it is evaluating amendments to the Labor Standards Act to strengthen sick leave protections in response to the death of an EVA Airways flight attendant who had worked while ill rather than take sick leave. The airline's policy is to reduce bonuses and deny shift selection rights for three months if an employee takes more than three days of leave within a three-month period. A court ruled in 2023 that such a policy is lawful. Flight attendant union members staged a protest to press for reforms.

Two Control Yuan members launched an investigation into whether the Ministry of Labor failed to protect migrant workers at nine textile manufacturers supplying Adidas, Nike, Puma, H&M, and Patagonia. A February report by US-based NGO Transparentem alleged that all nine manufacturers illegally collected recruitment fees, made arbitrary wage deductions, and retained workers’ identity documents. The Control Yuan, which overseas government agencies, will examine whether labor authorities enforced laws and international human rights standards adopted in 2009.

The Legislature amended the Road Traffic Management and Penalty Act to significantly raise fines for driving without a license after statistics showed that unlicensed driving killed 763 people in 2023, compared to 253 deaths from drunk driving. Police also must impound vehicles on the spot.