East Asia News & Politics Thread: China, South Korea, Japan...

Criminal procedure is deeply political and each country has a different historical experience with the use of prosecutions as a political weapon. Virtually everything Americans take for granted as basic rights in the criminal process — the right of an accused to know the nature of the charges against them, to the assistance of counsel, to cross-examine hostile witnesses — under English common law were initially only accorded to defendants in treason cases. Treason was easy to allege and difficult to rebut if the charge was “someone unnamed has alleged you said threatening things about the king,” and punished horrifically — perfect for taking out rival courtiers.

Anglo-American criminal procedure thus reflects centuries of painful constitutional evolution towards minimizing the ability to use criminal prosecutions to crush political enemies. Japan has had a very different evolution, with power-sharing, turn-taking and near-constant one-party rule in the postwar period having made brazenly partisan prosecutions of leading politicians rare (though they do happen). What political use of the criminal justice system has taken place has instead focused on smothering dissent from government outsiders: arresting communists, labor organizers and student and community activists, often for trivial offenses.

Moreover, Japanese criminal procedure lacks arraignment proceedings — an initial hearing where an arrested suspect learns of the charges against him or her and can start preparing a defense with the assistance of counsel. Instead, the first time a person who has been arrested in Japan may see a judge is if a prosecutor asks one to issue a warrant to detain him in order to facilitate further investigations of the alleged crime. Judges grant such warrants in over 96 percent of cases based mainly on the prosecutor’s say-so and a presumption of guilt.

Through renewals and other techniques, law enforcement can detain suspects for weeks, sometimes longer, before deciding whether to prosecute. During this period they can question suspects from dawn until dusk, with limited access to a lawyer. (“You can’t talk to your client until we have finished questioning him” is literally the logic of the code of criminal procedure here.) Moreover, although a suspect may be arrested for one crime, it may be a pretext for investigating another, leading to further arrests that restart the detention clock.

Thus, without conspiracy being added to the mix, Japanese law enforcement authorities already have broad powers to punish people they don’t like without ever putting them on trial. A few days or weeks in jail may not seem like much, but think how quickly your life would be ruined if you suddenly disappeared, unable to contact anyone, pay your bills or go to work? All that is required to mete out this punishment is a pretext for an arrest.

The Constitution prohibits arrests except for crimes in progress or pursuant to an arrest warrant. In fiscal 2015 Japan’s courts rejected only 62 of 100,880 requests for such warrants. Conspiracy will thus add countless new pretexts to arrest and punish almost anyone. Already complicit in this system, the judiciary cannot be expected to check abuses.

The incredibly coercive nature of pre-charge detention creates an environment where suspects may be eager to agree with whatever version of events police want. Offering confessions or statements implicating other suspects — even if misleading or untrue — may be the fastest way of escaping the punishment already being administered. The Constitution prohibits convictions based solely on confessions but is silent as to those based on testimony of a single witness. Should they choose to, police and prosecutors may soon be able to use the dark, secret confines of interrogation chambers to manufacture conspiracies by turning average citizens into witnesses against each other based solely on allegations of conversations and mundane acts.

The government began broadcasting a public service announcement Friday suggesting how civilians should protect themselves in the event of a missile attack.

The 30-second broadcast, which will be aired by 43 main and local television stations across the country through July 6, says the public will be informed of North Korean missile launches via speakers linked to the satellite-based J-Alert warning system.

It suggests people take shelter in sturdy buildings or go underground if outside, and hide behind objects or lie face down on the floor and protect their heads if they are inside buildings.

Those in a room at during a missile attack are advised to stay away from windows and move to a room without windows.

The same instructions will also begin to appear in 70 national and local newspapers from Friday through Sunday, and on the website of Yahoo Japan Corp.

Defense Minister Tomomi Inada fended off calls for her resignation Wednesday after she suggested a day earlier that the Self-Defense Forces backed a Liberal Democratic Party candidate in the upcoming Tokyo assembly election despite the SDF’s strict policy of political neutrality.

While campaigning for the candidate on Tuesday vying for a seat in Tokyo’s Itabashi Ward, Inada was recorded by the media as telling a crowd of local supporters: “On behalf of the Defense Ministry, the SDF and the LDP and as Defense Minister, I ask for your support.”

Inada’s words — and more specifically the reference to the SDF — immediately sparked the ire of opposition parties, which saw the comment as an attempt to use the SDF for political purposes. Article 61 of the Self-Defense Forces Law explicitly forbids personnel in the organization from engaging in political activity, with the exception of voting.

When contacted by The Japan Times, a Defense Ministry official, however, maintained the definition of “personnel” in the law does not include Defense Ministers, thereby asserting that Inada is exempt.

Renho, president of the main opposition Democratic Party, argued otherwise, noting the possibility that Inada’s comment was in a breach of the law. Additionally, she said the remark risked violating Article 15 of the Constitution, which stipulates public servants dedicate themselves to the whole of society, instead of one particular segment. The Public Offices Election law also bans public servants from taking advantage of their position while campaigning in an election.

To minimize the backlash, Inada quickly retracted what she admitted was a “misleading” comment Tuesday night, emphasizing she understands that the SDF remains politically neutral and that it is “impossible” for the SDF to endorse a particular candidate, according to reports. She has given no indications she intends to step down despite demands she do so.

Inada’s latest gaffe adds to a number of headaches currently plaguing Prime Minister Shinzo Abe. His LDP is fighting an uphill battle to maintain power in the Tokyo assembly as it heads into Sunday’s metropolitan election amid soaring public discontent over favoritism allegations leveled at the prime minister himself.

It could also affect Abe’s decision-making as he seeks to reshuffle the Cabinet in the coming months.

Inada’s faux pas is so grave that Abe should remove her from his Cabinet, Renho told reporters Wednesday morning.

“I really sympathize with the SDF personnel,” said Renho, who only goes by one name. “That their top leader publicly indicated they are a group of cheerleaders for a particular political party — the LDP — could have a negative impact on their morale, which I think will go a long way toward harming their ability to keep the public safe.”

“We demand the Diet session be reopened swiftly and that Prime Minister Abe take responsibility for assigning her to the portfolio in the first place,” the opposition leader added.

Chief Cabinet Secretary Yoshihide Suga said he had personally rebuked Inada for the “misleading” remark, but rejected calls for her resignation.

“I expect her to fulfill her responsibility, to explain herself and to continue to sincerely tackle her duties,” he said.

Still, dismayed voices also sprang up within the ruling LDP.

“She should retract the remark if it’s misleading, but it’s probably the SDF personnel themselves who were perplexed the most,” LDP lawmaker Masahisa Sato, who served as a member of the Ground Self-Defense Force, tweeted Wednesday.

This is not the first time a powerful public servant stands accused of using their position to influence the outcome of an election.

In 2012, the Upper House passed a censure motion against then land minister Takeshi Maeda over allegations he illegally became involved in an mayoral election in the city of Gero, Gifu Prefecture, by signing a document that drummed up support for a particular candidate. His act was seen as tantamount to using his public position to sway the result of the election.

Also in 2012, Ro Manabe, then head of the Defense Ministry’s Okinawa bureau, came under fire for giving “briefings” that urged ministry officials and their family members living in the city of Ginowan, Okinawa, to vote in a mayoral election. He was accused of indirectly suggesting they support a candidate backing the government’s contentious plan to relocate the U.S. Marine Corps Air Station Futenma.

He was officially admonished for his actions.

President Xi Jinping arrived in Hong Kong on Thursday to mark 20 years since it was handed back to China by Britain, with leading democracy activists already in police custody after a protest in the politically divided city.

The three-day visit is Xi's first since becoming leader in 2013 and comes at a time when there are growing fears that Beijing is threatening semi-autonomous Hong Kong's freedoms.

He arrived at the city's main Chek Lap Kok airport on an Air China plane with his wife, the Chinese singer Peng Liyuan, and was welcomed by a marching band and flag-waving children holding banners welcoming the couple to Hong Kong.

"After nine years I am once again stepping on Hong Kong soil. I feel very happy. Hong Kong has always had a place in my heart," he said in a brief speech on the tarmac.

Xi said China would support the semi-autonomous city "as it always has".

Activists arrested amid security lockdown

Hong Kong authorities were taking no chances with a security lockdown clamped on the divided city.

High-profile pro-democracy campaigners including Joshua Wong and young legislator Nathan Law were arrested Wednesday night for causing "public nuisance" after staging a protest outside the convention centre that will host some of the anniversary events, a stone's throw away from the hotel where Xi will be staying.

More than 20 activists remained in custody Thursday morning as supporters gathered at the police station where they were being held.

"They want to prevent people like Joshua Wong and Nathan Law from going onto the streets," said fellow activist Derek Lam who was among supporters waiting outside.

The area around the convention centre has been cordoned off by giant water-filled barricades and police have said they are taking "counter terrorism security measures" to ensure Xi's safety.

China's 'number one' in 'a very small city'

Although young activists have promised to continue protesting during Xi's visit, other residents said they would celebrate his trip to Hong Kong.

Stages were set up in squares opposite the convention centre for music and dancing with excited crowds gathering ahead of his arrival.

"It should be an honour to get the number one person in China to come to a very small city," said one 38-year-old man at the gathering who gave his name as Mr. Fan.

"He's offered three days to Hong Kong — it's a luxury," he added, saying that things were better in the city than under British rule.

Xi's visit will culminate in the inauguration of new city leader Carrie Lam, who was appointed by a pro-China committee.

She has promised to heal divisions but has already alarmed critics by saying children should be instilled with Chinese identity from a young age and suggesting that independence activists could face punishment under the law.

A Beijing-backed framework for what would have been the city's first public leadership election sparked the protests of 2014 after it said candidates must be vetted.

Since then, the debate on promised democratic reforms has stalled with Lam saying she is unsure the time is right to revisit it.

Lam has said she wants to focus on livelihood issues instead, in a city where the wealth gap is at a record high and many cannot afford decent housing, fuelling tensions.

Xi is due to fly out of Hong Kong on Saturday, after Lam's inauguration.

Foreign Ministry spokesman Lu Kang hit back at remarks from the two countries on Friday, hours after they issued statements on the political condition of the city, as it marks 20 years since that handover, from British rule to Chinese.

“Now that Hong Kong has returned to the motherland for 20 years the Sino-British Joint Declaration, as a historical document, no longer has any realistic meaning,” Lu was quoted by Xinhua as saying at a press conference.

“It also does not have any binding power on how the Chinese central government administers Hong Kong. Britain has no sovereignty, no governing power and no supervising power over Hong Kong. I hope relevant parties will take note of this reality.”

Relations between the world’s two largest economies look to be entering a new phase of turbulence after the US punctured Chinese celebrations of the anniversary of Hong Kong’s return by unveiling sanctions against a Chinese bank linked to North Korea and a major arms sale to Taiwan .

The US state department on Thursday gave the green light to a total of $1.4bn in arms sales to Taiwan, a self-governing island which China considers its own territory.

Sanctions were also announced targeting a Chinese bank accused of serving as “a conduit for illicit North Korean financial activity”. Two Chinese individuals and the Bank of Dandong, which US Treasury secretary Steve Mnuchin said was an institution of “primary money-laundering concern”, were blacklisted from the US financial system.

“This bank has served as a gateway for North Korea to access the US and international financial systems, facilitating millions of dollars of transactions for companies involved in North Korea’s nuclear and ballistic missile programs,” Mnuchin told reporters. “The United States will not stand for such action.”

Mnuchin claimed the move was not retribution for a lack of Chinese action over North Korea. “This is not directed at China, this is directed at a bank, as well as individuals and entities in China,” he said.

However, both the sanctions and the arms sale are likely to anger China and experts said both moves clearly represented a deliberate response from a Trump White House that is losing patience with Beijing.

The US also chose the first day of Xi’s visit to call for more democracy in Hong Kong saying China should respect civil liberties, including press freedom.

The timing of the US actions – just ahead of the 20th anniversary of Hong Kong’s return to Beijing on 1 July – was particularly provocative, experts in US-China relations said.

Bill Bishop, a Washington-based China specialist who publishes the influential Sinocism newsletter, said the decision to announce the arms sale and sanctions as president Xi Jinping arrived in Hong Kong to lead celebrations there was a calculated snub: “It is very symbolic and it is basically raining on Xi’s parade in Hong Kong.”

Following a two-day summit between Xi and US president Donald Trump at the latter’s Mar-a-Lago estate in April, ties between the US and China appeared to have warmed.

Trump, who had once accused China of being a top US enemy, hailed Xi as “a great guy” with whom he had enjoyed “chemistry”. The US president even backed away from claims that China was a currency manipulator.

However, Bishop said Trump’s administration appeared to have lost patience with China’s reluctance to make concessions on issues including trade and North Korea. “The honeymoon is over and the fact is it was a pretty crappy honeymoon : I think they slept in different beds,” Bishop said.

Washington has also become increasingly frustrated with Beijing’s continued militarisation of islands it claims in the South China Sea, a vital route for half of all global commercial shipping.

Speaking in Sydney this month, US secretary of defence James Mattis said China’s construction of bases on islands were marked by a “disregard for international law … [and] its contempt for other nations’ interests”, remarks that Beijing later condemned as “irresponsible”.

A US-based thinktank released new satellite imagery on Thursday showing freshly-built missile shelters, radar and communications facilities on three of the island reefs controlled by China.

The Asia Maritime Transparency Initiative (AMTI), part of Washington’s center for strategic and international studies, said images of Fiery Cross, Mischief and Subi reefs in the Spratly Islands also show housing for long-range surface-to-air missiles. Photos showed construction of underground structures, “likely candidates to house munitions”, AMTI said.

Last month, a US navy warship sailed within 12 nautical miles of Mischief reef in a contentious so-called freedom of navigation operation, the first such challenge since Trump took power.

“Beijing can now deploy military assets, including combat aircraft and mobile missile launchers, to the Spratly Islands at any time,” AMTI said.

The thinktank said new images showed a very large antennae array has been installed on Mischief reef that may boosts Beijing’s ability to monitor the surrounding waters.

“We are definitely into a new phase of US-China relations … now we are really, I think, entering into a much tougher phase. There is going to be a lot more friction in the relationship,” said Bishop.

“It’s already hot in DC and it is probably going to get a lot hotter.”

“It’s already hot in DC and it is probably going to get a lot hotter.”