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Law

This tag is associated with 14 posts

Cadence Column: Asia, September 30, 2019


The Hong Kong law currently going through Congress essentially de-escalates, yet therefore intensifies the Hong Kong issue. Rather than prescribing punitive measures if China escalates Hong Kong into military conflict, the law reassesses the unique standing that made Hong Kong so special in the first place. According to these new laws, if China asserts a … Continue reading

International tribunal rejects China’s claims in South China Sea


An international tribunal in The Hague, The Permanent Court of Arbitration, has delivered a sweeping rebuke on Tuesday of China’s behaviour in the South China Sea, from the construction of artificial islands to interference with fishing, and ruled that its expansive claim to sovereignty over the waters had no legal basis. The tribunal also said … Continue reading

Why America won’t help China with its ‘corruption crackdown’


China has solicited the help of foreign governments in tracking down and seizing the assets of corrupt Chinese officials, but the extent to which each country can help may be limited by their respective laws. In July 2013, China began working with Canada and the United States to seize the proceeds of crime after implementing … Continue reading

China adopts circuit courts which are supposed to improve rule of law


Since Jiang Zemin stressed the rule of law at the 15th CCP National Congress in 1997, China has promulgated alot of legislation to have a complete system of laws, and trained hundreds of thousands of legal professionals. Soon after Xi Jinping took over the reign, he closed all the black jails in Beijing and abolished the … Continue reading

Hundreds of Chinese families seek wartime compensation from Japan


As relations between China and Japan plumb a new low, the descendants of hundreds of Chinese men forced to work in wartime Japan are taking big, modern-day Japanese corporates to court. They are seeking millions in compensation. Japan invaded China in 1937 and ruled parts of it with a brutal hand for the next eight … Continue reading

China seizes Japanese ship for “failure to return ship leased before World War II”


Shanghai Marine Court has seized a huge Japanese ore carrier to enforce its verdict on a dispute over a defunct Japanese company‘s failure to return a ship rented 80 years ago. Singtao Daily says that the ship Baosteel Emotion was a new ore carrier built in 2011. It is 320 meters long and 54 meters … Continue reading

Australian law firm says world offers China shallow legal services


After unveiling a merger aimed at grabbing more of China’s legal work, King & Wood Mallesons has accused the world’s leading law firms of offering “shallow” services to Chinese clients. Global managing partner Stuart Fuller said King & Wood Mallesons was seeking to reverse the practice of foreign firms entering the China market “with fairly shallow … Continue reading

China’s new visa laws target expats


On July 1st 2013, China introduced new visa laws for foreigners, supposedly targeting illegal workers, but in reality targeting all expats in China (read the laws here). Mostly it seems about being able to control and punish foreigners more, which is to be expected to deflect from the crashing economy. They will also be able … Continue reading

China: Outrage among lawyers after official calls them ‘cowards’


A local Communist Party official’s denigration of lawyers as cowardly has caused uproar among legal practitioners in China. Hu Shimin, in charge of legal affairs in Weishi county in Henan called lawyers, “cowards,” for having to deal with local citizens petitioning his superiors. By exposing incompetence or corruption, petitioners can often embarrass lower level authorities. … Continue reading

China needs new enforcement incentives over food safety


Reuters is reporting on a new proposal in China to pay up to a 300,000 RMB (just under $50,000 USD) reward for those that inform on food safety violations. This is the precursor to a series of laws to strengthen food safety and enforcement expected over the next few months. Unfortunately, this will do nothing to abate … Continue reading

China to tighten laws on land grabs in rural stability push


China‘s cabinet vowed on Wednesday to tighten laws on the expropriation of farmland, warning that the problem risked fuelling rural unrest and undermining the country’s food security. “Rural land has been expropriated too much and too fast as industrialisation and urbanisation accelerate,” state news agency Xinhua reported, summing up a meeting of the State Council. … Continue reading

Rule of law in China a long way away


In China, two well-known sayings make despotic officials very happy. One is “the heaven is high and the emperor, far away”; therefore even if the central government is good and has formulated good laws, regulations, rules, codes, policies, etc., a despotic official may still do whatever he wants. China is too large and the central … Continue reading

Ai Weiwei barred from Chinese court in tax case


The Chinese artist Ai Weiwei was denied his day in court on Wednesday after dozens of police officers barricaded first his home in Beijing and then the court house itself. Mr Ai, 54, claims that Beijing’s tax bureau breached Chinese law when it fined him 15 million yuan (£1.5 million) in unpaid back taxes and … Continue reading

Chinese law firm mergers


Late last year, Mallesons Stephen Jaques, one of Australia’s “Big Six” law firms, announced a merger with King and Wood, one of China’s largest law firms. It was the first major combination of a top-tier Western law firm with a Chinese counterpart, and the agreement seemed to portend a wave of Sino-Western mergers. “Others are … Continue reading

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