October 24 -30, 2020

China

A vice chairman of the National People’s Congress Standing Committee says the 2016 Charity Law will be revised at an “appropriate time” with the addition of a chapter governing crowdfunding and other online charitable activities. Several online crowdfunding scandals have triggered discussion about the need for rules to ensure that persons raising funds disclose full and correct information and use the donated funds for the stated purpose.
A recent exoneree, Zhang Yuhuan, who spent 27 years in prison for a homicide he did not commit, received state compensation of nearly 5 million CNY, the highest in Chinese history. Zhang was wrongfully convicted in 1995 for the death of two boys who lived in his village.
China’s LGBTQ + community has suffered a setback. Last month a court in Jiangsu ruled in favor of a textbook publisher in a lawsuit brought by a lesbian student. The court said the textbook did not “contain factual errors” when it called homosexuality a mental disorder.

A Hong Kong Legislative Council subcommittee endorsed the appointment of Patrick Hodge, a veteran British judge, as a non-permanent member of the Hong Kong Court of Final Appeal. Hodge currently serves as deputy president of the Supreme Court of the UK, and will be the 14th non-permanent overseas judge on Hong Kong's Court of Final Appeal. Another non-permanent judge, from Australia, resigned early in September.
A district-level bureau of judicial affairs in Shenzhen has ordered lawyers appointed by the families of 12 detained Hong Kong activists to end their representation. The 12 were fleeing to Taiwan via speedboat when they were detained at sea by China’s Coast Guard on Aug. 23 and accused of crossing the border illegally. Lawyers appointed by the activists’ families have not been allowed to meet with any of the detainees, and some have already withdrawn from the cases.
The High Court of Hong Kong issued an injunction banning the publication of personal information about members of the judiciary and their relatives, as well as threats or harassment. The order is in force until Nov. 13. A similar injunction against doxxing police was issued last year.

A high court upheld a lower court's dismissal of a claim by graduates of a pro-Pyongyang Korean school that the school is eligible for government tuition subsidies. The plaintiffs are expected to appeal the ruling to the Supreme Court. This ruling was the last high court decision among five such lawsuits related to Korean schools in Japan.
COVID-19 has worsened Japan’s ongoing struggle for gender equality. A report shows that single mothers and women with less secure jobs in Japan have been hit hardest in the job market.
Two years have passed since South Korea’s Supreme Court ordered Nippon Steel to compensate plaintiffs for forced labor in WWII. Japan insists that the decision violates international law. Since Suga Yoshihide became Japan’s prime minister, new hope has emerged that the two governments can find a diplomatic solution.

Lawmakers from South Korea’s ruling Democratic Party tabled 13 bills to create a legal framework for the new Corruption Investigation Office for High-Ranking Officials, or CIO. The new entity is intended to handle any corruption cases involving the president, ministers, lawmakers, judges, prosecutors, police officers, or members of their families. The opposition People Power Party, which opposed creating the CIO, nominated two persons to join a committee that will help select a CIO chief.
The South Korean Supreme Court upheld the 17-year prison sentence given to former President Lee Myung-bak for corruption before and during his 2008-2013 term. Lee was convicted of taking bribes and embezzling funds from a company that he owned.
Conscientious objectors to South Korea’s military draft, who previously were punished as criminals, are now being allowed to perform alternative service. They are being assigned jobs in prisons, but are not treated like inmates and will not have criminal records. The Constitutional Court ruled in 2018 that imprisoning conscientious objectors was unconstitutional.
The South Korean Supreme Court has produced a “Guide to Listening to Minors’ Opinions in Domestic Affairs Cases” to encourage family courts to appropriately listen to the opinions of minors in cases that affect their future, such as designation of a guardian. (In Korean)

The Vietnamese National Assembly debated a draft revised Law on Handling Administrative Violations, with deputies divided over whether to include new administrative penalties such as power cut-offs and compulsory drug treatment.