This Week in Asian Law

This Week in Asian Law

This Week in Asian Law

China’s legislature revises the State Secrets Protection Law and adds a vague new category of secrets; the Hong Kong Journalists Association urges the government to clarify the definitions of new domestic security crimes that it proposes to create; Japan’s prime minister vows to curb unethical political fundraising; South Korea’s Constitutional Court upholds a tenant-friendly law and rejects restrictions on fetal gender tests; Taiwan moves a step closer to making it easier for some foreign professionals to gain Taiwan citizenship.

This Week in Asian Law

This Week in Asian Law

China’s central government warns localities against imposing excessive fines and fees to compensate for falling tax revenues and shrinking income from sales of land use rights; eight defendants in Hong Kong plead guilty to plotting to plant bombs during the city’s 2019 protests; Japan’s immigration authorities seek to revoke the status of foreign permanent residents who repeatedly don’t pay taxes or break the law; South Korea threatens legal action against striking doctors; China’s coast guard boards a Taiwanese tour boat near Taiwan’s Kinmen Islands in the latest tension-raising incident in the Taiwan Strait.

This Week in Asian Law

Chinese universities conduct a nationwide audit of retracted academic papers; Hong Kong courts sentence more defendants in cases stemming from the 2019 protests; LGBTQ activists in Japan advocate for equal marriage rights on Valentine’s Day; South Korea convicts three former police officers for destroying evidence linked to a fatal crowd crush in Seoul on Halloween 2022; Taiwan solicits public input for the next phase of its Open Government National Action Plan.

This Week in Asian Law

This Week in Asian Law

China releases cases to illustrate the liability rules for dog owners and caregivers; Hong Kong’s justice secretary says journalists who interview activists may be charged with abetting them; a Japanese court approves a transgender man’s official change of gender without undergoing surgery; a South Korean court acquits Samsung Electronics Chairman Lee Jae-yong of financial crimes; Taiwan travel agents threaten protests after the government says it will reinstate a ban on tours to China.

This Week in Asian Law

This Week in Asian Law

China executes three persons in two separate high-profile murder cases; Hong Kong publishes a public consultation document setting out plans to create new national security crimes; foreign-born residents of Japan seek a court ruling that police racial profiling violates Japanese law; a South Korean court orders the state to compensate victims of human rights abuses at a former detention center during the era of military rule; Taiwan’s newly elected Legislative Yuan convenes and chooses a Kuomintang legislator as the new speaker, beginning a new era of divided government.

This Week in Asian Law

This Week in Asian Law

A UN working group examines China’s human rights record during its fourth Universal Periodic Review; Hong Kong’s chief justice says threats of sanctions against Hong Kong judges are “repugnant to the rule of law”; a Japanese court sentences a man to death for carrying out a 2019 arson attack that killed 36 people in an animation studio; a South Korean court rules that a ban on rallies near the presidential office is unlawful; the Taiwanese government considers legalizing assisted reproduction for same-sex couples and single women.

This Week in Asian Law

This Week in Asian Law

China’s Supreme People’s Procuratorate intervenes to protect a whistleblower; a prosecution witness in the Hong Kong trial of former publisher Jimmy Lai testifies that Lai instructed him to encourage people to join the 2019 protests; Japan’s Supreme Court agrees to hear oral arguments in a lawsuit over the eligibility of same-sex partners for public benefits; North Korean leader Kim Jong Un calls for a constitutional amendment to declare that South Korea is his country’s "primary foe."; a Taiwanese woman challenges height requirements for firefighters and police officers..

This Week in Asian Law

This Week in Asian Law

China’s Supreme People’s Court recommends overhauling the system of collateral consequences for persons convicted of crimes; the 2024 agenda for Hong Kong’s Legislative Council includes a Safeguarding National Security Bill to supplement the existing National Security Law; Japanese prosecutors make their first arrests in an investigation into alleged financial reporting crimes by the ruling Liberal Democratic Party’s largest faction; South Korea’s Supreme Court orders Japan’s Nippon Steel Corp. to compensate the victims of forced labor during the Japanese colonial era; Taiwan Vice President Lai Ching-te wins the presidential election with 40% of the vote in a three-way contest, but the opposition takes over the legislature.

This Week in Asian Law

This Week in Asian Law

China’s Supreme People’s Court releases guidance about application of foreign law when adjudicating foreign-related civil cases; a Hong Kong court hears final arguments in the trial of 16 pro-democracy activists charged with violating the 2020 National Security Law by holding an unofficial primary election; a court jails the head of Japanese non-profit organization for brokering organ transplants overseas for Japanese in need of transplants; South Korea’s conservative president vetoes more legislation approved by the opposition-controlled National Assembly; Taiwan accuses ten persons of spying for China, including several active-duty military personnel.

This Week in Asian Law

This Week in Asian Law

China releases 12 typical cases on the construction of a barrier-free environment; the University of Hong Kong cancels a talk by Jimmy Lai’s British lawyer; Human Rights Watch issues a report criticizing the treatment of women imprisoned in Japan; South Korea’s sentencing commission considers increasing the punishment for stalking crimes; Taipei prosecutors decline to prosecute Elon Musk for smoking marijuana in a 2018 online video.

This Week in Asian Law

This Week in Asian Law

Chinese lawyer and writer Guo Feixiong is reported to be seriously ill in prison after hunger striking; Hong Kong police arrest six more suspects in connection with alleged fraud at the Dubai-based cryptocurrency trading platform JPEX; Japanese talent agency Johnny & Associates changes its name to Smile-Up and says it will compensate victims of sexual abuse by its late founder; South Korea’s Constitutional Court again upholds the country’s male-only military conscription system; Taiwan investigates four local companies suspected of helping China's Huawei Technologies to build semiconductor facilities.

This Week in Asian Law

This Week in Asian Law

The deeply indebted real estate company China Evergrande Group discloses that its founder and chairman has been criminally detained; Hong Kong demands more transparency from virtual assets trading platforms following fraud allegations at JPEX; Japan’s Supreme Court considers whether to eliminate the surgery requirement for changing one’s legal gender; South Korea’s Constitutional Court declares unconstitutional a ban on sending anti-regime leaflets across the border into North Korea; Taiwan’s highest administrative court rules that surgery should not be required to change one’s legal gender.

This Week in Asian Law

This Week in Asian Law

China is expected to decide soon whether to arrest a Japanese businessman detained since March on suspicion of espionage; a Hong Kong district court gives prison terms to six more persons convicted of participating in a particularly violent clash with police in November 2019; Japan’s Children and Family Agency publishes a report about its efforts to initiate mandatory background checks for adults who work closely with children; South Korea’s National Assembly votes to lift opposition leader Lee Jae-mung’s immunity to arrest as prosecutors investigate corruption allegations; Taiwan’s Executive Yuan advances a new minimum wage scheme.

This Week in Asian Law

This Week in Asian Law

China’s Education Ministry issues new rules to eliminate unauthorized off-campus tutoring; the head of the Hong Kong Bar Association says any US sanctions against local judges could harm the city’s legal system; a district court in Japan says same-sex couples are not entitled to spousal benefits from a government employer; a South Korean court jails the vice president of a Korean chip company for leaking semiconductor technology to China; Taiwan’s Central Election Commission clarifies the rules for independent candidates in the January 2024 presidential election.

This Week in Asian Law

This Week in Asian Law

Legal experts express concern over proposed revisions to China’s Public Security Administrative Punishments Law; a Hong Kong court says the government has a constitutional duty to provide a framework for legal recognition of same-sex relationships; Japan’s Supreme Court orders Okinawa prefecture to approve a central government plan to relocate a US military base on the island; South Korean medical associations challenge a new law requiring surveillance cameras in operating rooms; a Taiwan court again quashes the efforts of Taiwan People’s Party Chairman Ko Wen-je to bring criminal defamation charges against US author Ethan Gutmann.

This Week in Asian Law

This Week in Asian Law

China’s National People’s Congress Standing Committee releases draft revisions to the Public Security Administrative Punishments Law; Hong Kong police allege that a Cantonese language-promotion group violated the National Security Law by publishing a fictional essay describing a decline in the city’s freedoms; investigators report that the late founder of Japan's biggest boy band talent agency, Johnny Kitagawa, sexually abused boys for decades; South Korean right-wing groups sue e-commerce giants Naver and Coupang and two online vendors for selling T-shirts featuring the smiling face of North Korea’s leader; Taiwan’s Judicial Yuan says courts are trialing the use of generative AI to draft judgments.

This Week in Asian Law

This Week in Asian Law

China bans imports of Japanese seafood as Japan begins the slow release of wastewater from the Fukushima Daiichi nuclear power plant into the Pacific Ocean; Hong Kong’s High Court agrees to rehear the government’s arguments for a civil injunction against the protest song “Glory to Hong Kong”; Japanese legislators consider revising special laws that govern the former state monopoly telecoms company NTT; South Korea considers allowing military conscripts to serve in the police force in response to public concerns about crime; a Japanese city assemblyman and his Taiwanese partner register their marriage in Taiwan.

This Week in Asian Law

This Week in Asian Law

A report published by China’s Supreme People’s Court says the crime of picking quarrels and causing trouble (寻衅滋事行为) has been abused; Hong Kong’s High Court proposes to delay former Apple Daily publisher Jimmy Lai’s national security trial until December; Japan considers requiring background checks for sex crimes for job candidates at schools and nursery schools; the UN Security Council hears criticisms of North Korea’s human rights abuses but takes no action; Taiwan’s Constitutional Court says cases that ping-pong between the Supreme Court and lower courts may continue to be assigned to the same Supreme Court judge for greater efficiency.

This Week in Asian Law

This Week in Asian Law

China says that 90% of criminal cases are being disposed of through its new guilty plea system; Hong Kong’s High Court rejects the government’s application for an injunction against the protest song Glory to Hong Kong; the UN Working Group on Business and Human Rights makes its first official visit to Japan; South Korea’s Constitutional Court overturns a parliamentary effort to impeach the interior minister for crowd control failures that resulted in 159 deaths last year; Taiwan revises its Gender Equity Education Act to better protect sexual harassment victims in education settings.

This Week in Asian Law

This Week in Asian Law

A Chinese court sentences well-known citizen rights’ activist Hao Jinsong to nine years in prison; Hong Kong police question more family members of exiled pro-democracy activists; Japan’s Supreme Court vacates a lower court decision that would have barred employers from rehiring retirees at steeply reduced salaries; South Korea’s Constitutional Court upholds the constitutionality of changes in the way proportional representation seats are allocated to parties in the National Assembly; a Taiwan court concluded the first criminal case decided by a mixed bench of professional and lay judges since the Citizen Judges Act took effect on Jan. 1.