Briefs

Prison for People Smugglers
Australia — Two Indonesian men have been handed prison sentences by a Perth court for their role in smuggling more than 400 mainly Afghan asylum seekers to Australia. The captain of the vessel and his accomplice were found guilty of people smuggling charges and sentenced to seven years and four years jail time respectively. The boatload of asylum seekers was the centre of attention in August last year when it was rescued by a Norwegian freighter. (Source: www.cnn.com.)

China’s Legal Structure Set Up
China
— A complete set of laws to meet the needs of the development of China’s socialist system has come into being after more than a decade of effort. A comprehensive system of laws to cover the main legal sectors, including Criminal Law, Administrative Law and Economic Law, is now complete. By September this year, the National People’s Congress and its Standing Committee had issued over 400 laws, and the State Council over 800, while local legislatures had produced over 8,000 local regulations. (Source: www.isinolaw.com.)

Key State Projects will be Insured
China
— Insurance experts have said that more key state projects in China should be insured for risk. Participants at an insurance seminar held in Beijing said that with China’s World Trade Organisation membership and the execution of the ‘Western Development Strategy’, an increasing number of large projects are being constructed. Participants say these projects come with huge investment costs, as well as state-of-the-art designs, which often entail high risks. Currently, fewer than 10% of China’s fixed asset projects are insured. (Source: www.isinolaw.com.)

Tiananmen ‘Black Hand’ 13-year Sentence Ends
China
— Chinese dissident Chen Ziming, branded a ‘black hand’ behind the 1989 pro-democracy protests in Tiananmen Square, has ended 13 years of jail and strict house arrest. Chen, arrested after the demonstrations, was jailed for 13 years in 1991 for ‘counter-revolutionary’ activities during the democracy movement. He won medical parole in 1994 but was tossed back in prison a year later after joining calls for Beijing to release political prisoners and reverse its verdict that the Tiananmen Square protests were seditious. (Source: abc.net.au.)

Law Needed to Give Money to Panchayats
India
— A Constitution Amendment Bill will be introduced in the winter session of Parliament to give financial powers to panchayat raj institutions after evolving a political consensus. Campaigners have been urging the government to introduce a new constitutional amendment to empower the panchayat raj institutions with much-needed administrative and financial powers. Panchayat raj refers to a form of local government at the village level.  (Source: www.indianexpress.com.)

State Must Pay Asbestos Victims
Japan, Kyodo
— The Yokohama District Court has ordered the government to pay 231 million yen to nine workers and the relatives of three deceased employees sickened by prolonged exposure to asbestos at a US Navy base in Yokosuka. The judge said that while the base did not take appropriate countermeasures against asbestos, the Japanese government, which employed the plaintiffs, had not thoroughly checked the US side’s security measures. A 1960 Japanese law mandates health check-ups for workers exposed to the dangers of asbestos. (Source: www.japantimes.co.jp.)

Lawyers Protest Against Corrupt Judiciary
Kenya
— Courts across Kenya were paralysed by an unprecedented one-day strike when lawyers marched through the streets to protest against the country’s corrupt judiciary. The lawyers were protesting against legal moves to prevent constitutional reform of the judiciary. A new draft Constitution recommended sweeping changes, including early retirement, and a tribunal to hear cases of judicial corruption. (Source: www.bbc.co.uk.)

No Further Action Against Judges: Dzaiddin
Malaysia
— No further action will be taken against Court of Appeal judge Datuk Gopal Sri Ram and High Court judge Datuk Dr RK Nathan, who were engaged in a judicial spat recently, said Chief Justice Tun Mohamed Dzaiddin Abdullah. The CJ also dismissed the Bar Council’s call for the setting up of a tribunal against Justice Nathan over his outburst against Justice Sri Ram in an unrelated judgment. The CJ told the Bar to ‘refrain from treading in matters’ which were his prerogative. On 24 July 2002, Justice Sri Ram, in setting aside the conviction of a lawyer by Justice Nathan three years ago for contempt, ruled that judges should not use their powers to cite lawyers for contempt to defend their personal pride. Justice Nathan replied to the criticisms in a judgment delivered on 31 July 2002, stating that although Justice Sri Ram had every right to criticise his judgments, ‘by no means will I accept his personal attacks against me’. (Source: www.thestar.com.my.)

Cabinet Declares War on Pirates
Russia
— The Russian Cabinet has declared war on the country’s burgeoning market in pirated goods, voting to set up a taskforce to purge the streets of stalls and kiosks selling unlicensed audiotapes, videos and DVDs. The intellectual property taskforce will be headed by Prime Minister Mikhail Kasyanov. (Source: www.themoscowtimes.com.)

Gypsies Not Wanted
UK
— Czech gypsies have lost an immigration court battle, where they say the British government has unlawfully taken steps to prevent them from entering the UK. Human rights group, Liberty, and six anonymous Czech gypsies, argued that UK immigration controls set up at Prague airport, to prevent asylum seekers boarding flights to Britain, were being operated in violation of international law. Liberty argued in court that the methods used for screening potential asylum seekers discriminated against the gypsies and were incompatible with the 1951 refugee convention and human rights laws. (Source: www.guardian.co.uk.)

Tobacco Wars Legal Bill ‘Excessive’
US, California
— The lawyers who fought the state of California’s case during the 1990s ‘tobacco wars’ are looking at a sharply reduced payday. A team of 60 law firms which represented California in the 46-state suit against the cigarette companies — settled for US$206bn settlement in 1998 — had been awarded total fees of US$1.25bn by an arbitration panel. But a New York judge has ruled that the bill is excessive. However much of the $1.25bn the lawyers end up receiving, none of it will be coming from the pockets of California taxpayers. As part of the settlement of the long-running case, the tobacco giants assumed responsibility for the legal bills. (Source: www.bbc.co.uk.)

Rising Court Filing Fees in LA
US, Los Angeles
— The cost of filing a lawsuit in Los Angeles Superior Court has jumped from US$196 to US$214.50 and will go even higher next year. The two fee-increase measures will raise the cost of filing a lawsuit in Los Angeles County to at least US$225 by 1 January 2003. (Source: www.metnews.com.)